Newspapers carry all too familiar messages: A mother of three was driving home from work one evening in October when she hit and killed a man with her car. The woman, who considers herself a safe driver, was not under the influence of drugs or alcohol when she struck a 47 year old man with her car while he was walking across the street. With all of the distractions today with cell phones, iPods, texting while driving, this could happen to anyone, on any day, at any time. Although the woman was not found to be at fault, she was still left with the guilt of this death.
The key is to be as defensive of a driver as possible. Remember, 68% of pedestrian accidents happen when someone is crossing between intersections. Expect pedestrians to appear when you may least expect them.
• Stay focused! Put your cell phone away so you are not tempted to play with it. Looking away for even a couple of seconds could be fatal.
• Stay alert. Make sure you are not driving tired, distracted, or under the influence of any medications.
• Pay attention to your surroundings, where someone could be trying to cross the road.
• Keep your speed down.
Every year, over 3,500 pedestrians are hurt or injured in the state of Texas alone.
If you or someone you know has been hurt as a pedestrian, contact our office for your free consultation.
You never think that it’s going to happen to you. You’re a safe driver, you obey all of the traffic laws, and you keep your eyes glued to the road. But what happens when all of a sudden a pedestrian crosses in the middle of the street and you don’t see them? They came out of nowhere, you tell yourself.
Don’t let this happen to you. Warm weather allows more people to be out and about on foot and bicycle, which may account for the reason that Texas has one of the highest rates for pedestrian accident injury and death in the country.
The best way to avoid being involved in a pedestrian accident is to stay alert. Here are tips on how to be a pedestrian-safe driver:
1. Turn off the cell phone – Cell phone use behind the wheel has become one of the worst causes of distracted driving. Don’t take calls while you are on the road.
2. Never text and drive – Even worse than talking on the phone, texting while driving takes your eyes off the road and your mind away from your environment.
3. Don’t drive drowsy – Another form of distracted driving, drowsy driving can lead to swerving, late braking, and missed traffic signals.
4. Keep your eyes peeled for pedestrians – Many times as drivers, our eyes are trained to look for red lights, stop signs, or other traffic signals. Training your brain to also look out for people on the side of the road can help you anticipate their movements.
5. Take an extra moment at crosswalks – Two extra seconds worth of glances left, right, and behind you can make the difference between spotting a pedestrian and hitting one. Save a life or prevent a serious injury by taking an extra look before advancing into an intersection.
6. Don’t advance as soon as the light turns green – Just because the traffic light is no longer red does not mean that pedestrians made it across the street in time. Look both ways after the light turns green, just to be sure the road is clear.
7. Don’t drive with your knees – It may sound like a silly tip, but it happens all the time when drivers try to multitask behind the wheel, like eating or applying makeup. This is dangerous and should never be done.
8. Don’t speed – Not only is speeding against the law, but it also causes a car to need more time to brake, which can end in devastation if you spot a pedestrian too late.
9. Having regular maintenance performed on your car – An unexpected problem with your car can also have dire consequences that can lead to a pedestrian accident. If your brakes out, you wont be able to stop in time, or if your engine blows, you might swerve onto the sidewalk.
10. Always take extra care when leaving an alley, private road, or parking lot, especially if there are a lot of things blocking your view like trees, shrubs, or fences.
If you or a loved one has suffered serious injury because of a pedestrian accident, contact our Law Office to schedule a free consultation.
Q: Is there anything I can do to help my pedestrian accident claim?
A: If you have been injured in a pedestrian accident, there are several key things that you can do to help your pedestrian accident claim. Once you have received medical attention after your pedestrian accident, the first thing that you should do is gather evidence from the scene, if your injuries will allow you to do so.
This may include photographs of the pedestrian accident scene as well as your personal injuries, a copy of the official police report, and the names and contact information of any witnesses. If your injuries prevented you from gathering evidence at the time of your accident, you can still retrieve the police report and return to the scene to take photographs. Likewise, maintain copies of all medical records and bills, keep a daily log of your injuries and keep track of any lost wages that you suffer as a result of the injury.
After the pedestrian accident, be careful in what you say to others about the incident. Never admit fault or apologize for what happened, as this may be seen as an indication of liability. Answer the police and insurance adjuster questions honestly and clearly, but do not elaborate on anything and stick to the most basic facts.
Once you have gathered evidence of your pedestrian accident, you should consider getting in touch with a pedestrian accident lawyer. A lawyer who has experience with accident claims that are very similar to your own can listen to the details of your case and help you to determine whether you have the grounds for a claim.
When speaking with your pedestrian accident lawyer, you should be as honest as possible. Tell your lawyer exactly how the accident occurred, what injuries you have suffered, and any other information that they need to know. Being honest with your lawyer will only help your pedestrian accident claim.
Contacting a Pedestrian Accident Lawyer
While you can’t predict whether a pedestrian accident will happen to you or someone you love, you can be sure of your best course of action following an accident: Seek medical attention and contact a pedestrian accident lawyer as soon as possible.
Recovering from your injuries after a pedestrian accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Before accepting a settlement offer, contact our Law Office to set up a no-cost consultation with a pedestrian accident lawyer about your case.
No matter how safely you ride, there will always be other drivers and riders sharing the road with you. It is for this reason that you need to know your rights and responsibilities as a bicyclist.
Know Your Rights as a Bicyclist
Listed below is an overview of the rights for a bicyclist:
When on the road, a bicycle has the same rights and must obey the same laws as motor vehicles. State law also says that a bicyclist on the road must ride as far to the right as is practical. This does not mean you must ride as far to the right as is possible.
When biking on a road, you should maintain at least 2 feet of usable pavement for yourself. If a car lane does not provide adequate space for a bicycle and car to share the road safely, a bicyclist is entitled to use as much of the lane as he or she needs.
If a road does not have a curb, a cyclist is not required to ride on paved shoulders. Riding on the shoulder may place a cyclist in a vulnerable position for crosswalk accidents.
When riding on a sidewalk or in a crosswalk, a bicyclist has the same rights as a pedestrian.
Contacting a Bicycle Accident Lawyer
Despite being well informed and obeying all traffic laws, no cyclist can control the drivers of vehicles sharing the road. If you’ve been involved in a bicycle accident, a bicycle accident lawyer can provide the expertise you need in the event that you must seek compensation to address your medical bills.
If you’ve been involved in a bicycle accident, seek medical help and legal assistance immediately. Keep documentation of your necessary medical treatment and any time lost from work. Your bicycle accident lawyer will need this evidence in the event that you choose to seek damages in a claim.
Even if someone has stated that the accident was your fault, don’t assume they are correct. A witness may not be aware of all the laws pertaining to bicyclists. A bicycle accident lawyer knows your rights and can provide investigative and negotiating expertise to your case.
Recovering from your injuries after a bicycle accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Contact our firm to schedule a no-cost consultation with an experienced bicycle accident lawyer. It would be in your best interest to talk to a qualified Bicycle Accident Lawyer about how to receive the compensation you need and to properly recover from your injuries.We have over twenty years of experience representing bicycle and pedestrian accident victims. Call today.
Regarding Important Steps to Take After a Pedestrian Accident, we highlight a step that will most likely involve the help of a family member. That step is Take Photos of the Accident Scene As Soon As Possible.
We understand that your health and well-being is top priority after you have been struck by a car or otherwise injured as a pedestrian. But it is also important for the scene of the accident to be photographed and to obtain statements from anyone who might have witnessed what happened. If it is not possible for photos to be taken immediately (and usually due to the devastating injuries that these types of accidents cause, this is the case), have a loved one go back and photograph the scene as soon as possible. Make sure to capture images of the surrounding landscape (trees, bushes, etc.), the exact place of impact, closest street signs, as well as any speed limit signs near the scene.
When obtaining witness statements, make sure to gather the person’s name, phone number, address, and even email address, in case they need to be contacted at a later date. Have them give a description of what happened, including their estimate of how fast the vehicle was moving, where the injured pedestrian was at the time he or she was hit, and the actions of both parties after the accident. It may seem tedious now, especially if you are facing severe injuries, but it could make all the difference later on down the road.
Traffic Laws Pedestrians & Drivers Need to Know
Q. Who is a pedestrian?
Clearly a pedestrian includes anyone who is walking. But the definition also includes someone who may be in a wheelchair, on skates, or even on a skateboard. When a bicycle rider is on a sidewalk or within a crosswalk, they are also considered a pedestrian.
Q. What are the duties of pedestrians?
If a pedestrian is walking along a road where sidewalks are provided, they should not, under normal circumstances, walk on the paved part of the road designed for vehicle traffic. If the pedestrian finds themselves on a road where a sidewalk is not provided, he or she should walk facing oncoming traffic using the shoulder to the left of that traffic. (Note: bicyclists are required to travel on the right in the direction of the traffic). No one on roller skates or riding on any other device, such as a scooter or toy vehicle, should go on the paved part of the road except while crossing the street in a crosswalk. In doing so, they are subject to the same rights as a pedestrian, but also with the same responsibilities.
Q. When is a driver required to stop or yield to a pedestrian?
Drivers are required to stop for a pedestrian who is in a crosswalk marked with signals or signage.
Drivers must yield to a pedestrian in a marked crosswalk which has no signs or signals or in an unmarked crosswalk.
Where traffic signals are present, pedestrians should not cross the road at any place other than a crosswalk.
Drivers cannot pass or go around a vehicle stopped at a marked or unmarked crosswalk. A driver making a right turn on red must yield to pedestrians crossing the intersecting road or proceeding as directed by a traffic device.
Q. What is an unmarked crosswalk?
Most intersections in have unmarked crosswalks. They exist when two intersecting roads having sidewalks or a walking path intersect. The unmarked crosswalk would be the extension of the sidewalk or walking path if extended across the adjacent road.
Q. What are common factors involved in pedestrian accidents:
The majority of pedestrian deaths occur in urban areas and involve pedestrians crossing outside of crosswalks away from intersections. A study showed that many of these accidents were affected by alcohol used by the driver or the pedestrian or sometimes both.
Q. What does comparative negligence mean ?
Texas s a “comparative negligence” state, which simply means the conduct of each party to an accident must be looked at to determine if they contributed to the accident. This means deciding who was “at fault” is often not simply an “either/or” proposition. It is possible a driver may be found at fault, a pedestrian could be at fault, or both the pedestrian and the driver acted in such a way they contributed to the cause of the accident. No one should assume a case may not be brought on behalf of the pedestrian, even if they were found to be “at fault” by those investigating the accident. Nor should it be assumed no case may be brought if law enforcement decided not to file charges against the driver involved in a pedestrian accident. These cases should be examined by a knowledgeable, experienced pedestrian injury lawyer.
Have you or someone you know been seriously injured in a pedestrian accident? Find out more information about Pedestrian Laws & Safety. It would be in your best interest to talk to a qualified Pedestrian Accident Lawyer about how to receive the compensation you need and to properly recover from your injuries. Our firm has over twenty years of experience representing pedestrian accident victims. Call today.
Everyone makes mistakes; both drivers and pedestrians. But when it comes to fatal pedestrian accidents, nothing can seem more devastating or unfair. What starts out as an innocent street crossing can end in the tragic loss of life.
In those situations a claim may still be successfully brought to recover the tremendous loss suffered by loved ones left behind. Death claims for fatal pedestrian accidents have the potential for large jury awards due to the unique emotional, as well as financial, losses loved ones tragically suffer.
Insurance companies have the duty to protect the drivers they insure who might have caused, or only partially caused, the death of your loved one. This places pressure on them to try and get cases settled, even if the person they insure played only a small part in causing the accident.
For instance, even if the pedestrian was crossing a dark road, not at a marked crosswalk, it is possible to reach a settlement. Of course, every case is different. Many times your attorney must work with accident reconstruction and other experts to prove the driver was responsible. Such factors as speed, alcohol, drugs and driver distraction or impatience are commonly involved. The unique facts of each case will determine if it can be successfully pursued.
You need to deal with a lawyer who has successfully handled difficult cases and has experience working with families to get the result they believe is best for them. If you have questions about the loss of your loved one, don’t hesitate to contact our Law Office for a free consultation.
Many of the semi truck crashes that occur are due to driving under the influence of alcohol or drugs, and happen along major highways, such as I-10, I-35, I-37, US 281, Loops 1604 and 410. Drug use and alcohol use on the part of truck drivers is always a crime, but it is especially dangerous when those truckers are driving on busy roads or highways. Although alcoholism and drug addiction are considered an illness in our society and should be treated as such, drug addicts and alcoholics have no business driving a truck or any other vehicle in the first place.
For a truck driver to get behind the wheel inebriated or under the influence of drugs is not only a crime, it could also lead to a civil suit. In some states, an award of punitive or exemplary damages can and should be made by a jury if the defendant is found to have been driving under the influence of alcohol or drugs. These damages should be awarded by a jury in any truck accident case where malice, expressly or impliedly, is involved, such as a driving under the influence case.
Drunk Driving Statistics for The State of Texas
According to the TxDOT, the DUI statistics for 2017 are:
910 Fatal DUI Crashes resulting in 1,024 DUI fatalities
1,594 Suspected Serious DUI Crashes resulted in 2,169 suspected serious injuries
3,530 Possible Injury DUI Crashes resulting in 5,841 possible DUI injuries
3,914 Non-Incapacitating DUI Crashes resulting in 5,666 non-incapacitating DUI injuries
Harris, Bexar and Dallas Counties had the highest number of DUI fatalities in 2017.
A truck driver who is a drug addict or alcoholic is under extreme mental and physical stress. On the one hand he has to make money to pay the bills for his family, and on the other hand he knows that driving under the influence is unsafe and illegal. The trucker’s failure to drive safely in some cases can be extremely dangerous for fellow motorists on highways and roads. Truck drivers addicted to drugs or alcohol should not be on the road at all and should seek treatment. The truck driver will be found to be criminally negligent if he is under the influence of drugs or alcohol at the time of the accident. There are many drug and alcohol rehabilitation centers that may help the addicted truck driver.
Seeking Punitive Damages
Texas is one of the states that allows punitive damages awards, and will probably allow them in truck accident cases caused by a driver who is under the influence of drugs or alcohol. Some states do not allow punitive damages at all or in driving under the influence situations. It is important to hire a qualified truck accident lawyer to help with your case, so that you can rest assured you will recover the maximum amount of monetary damages and compensation available under the law.
As mentioned above, it is possible to seek punitive damages in addition to damages for lost wages, medical expenses, pain and suffering, and mental anguish in a truck accident lawsuit where the truck accident was caused by malicious conduct, either express or implied. Depending on the specifics of the case, damages may be sought against the truck driver personally or even against the trucking company as a result of its hiring practices.
Truck Accidents Caused by Drunk Drivers
Texas has a high incidence of drunk driving accidents. The statistics show that of the people that were killed in traffic accidents, a large majority of those were the result of driving under the influence of drugs or alcohol. If you have been injured or have suffered the loss of a loved one in, because of a drunk truck driver, you are entitled to special damages called exemplary, or punitive damages. An experienced truck accident lawyer can help you recover your medical expenses, lost income, and pain and suffering in addition to the punitive damages to which you may be entitled.
Under certain circumstances, trucking companies can be held responsible for paying a damages award when a jury finds that you are entitled to monetary compensation for the actions of a truck driver that was “under the influence” at the time of your accident.
Also, the legal basis for holding the company liable for the conduct of their driver is the doctrine of respondeat superior. Respondeat superior: meaning that an employer or principal should be held accountable for the acts of its employee or agent acting within the scope of employment. This can be an intense, fact specific analysis, and only a knowledgeable trial lawyer knows how to get a jury to understand why they should hold the company liable in your case.
Insurance Policies Can Have Exclusions for Punitive Damages
Although most insurance policies allow claims for personal injury and property damage in truck accident cases where the trucker was either drunk or under the influence, their insurance policies typically exclude punitive damages. However, directly assessed punitive damages are insurable. “An insurer may insure against legal liability for exemplary or punitive damages that do not arise from a wrongful act of the insured committed with the intent to cause injury to another.” Vicariously assessed punitive damages would likely be insurable in because directly assessed punitive damages are insurable.
Commercial Truck Drivers & Alcohol Regulations
Drivers should never drive under the influence of alcohol or drugs. This is especially true of persons who hold a commercial driver’s license (CDL), like commercial truck drivers. Both state law and federal law prohibit commercial vehicle drivers from getting behind the wheel when they have any detectable amount of alcohol in their system. If a commercial truck driver injures or kills a person and they have alcohol or drugs in their system that may give rise to a finding of malice, and potentially punitive damages.
If a truck driver is legally intoxicated (DUI or DWI), meaning their blood alcohol concentration (BAC) is 0.08 or greater, and they injure or kill another driver, then the victims of the accident may be entitled to seek punitive damages. Evidence of alcohol consumption could be admissible at your personal injury trial even if the driver did not have a BAC as high as 0.08%. Your personal injury attorney will hire a toxicologist to testify on the impact that alcohol had on the truck driver’s ability to safely operate a large commercial vehicle, depending on the amount of alcohol in the driver’s system at the time of the truck accident.
The Federal Motor Carrier Safety Act (FMCSA) sets a lower BAC limit for commercial drivers, making the legal limit 0.04, half the 0.08 BAC limit for non-commercial drivers. Moreover, a commercial truck driver may be tested at random for drug or alcohol use before, during, or after driving a commercial vehicle. The commercial drivers’ license (CDL) may also be suspended if he or she is convicted of violating a state’s drug or alcohol DUI or DWI laws while driving a non-commercial vehicle. This means that if a truck driver gets a DUI while driving his own car, he will probably be in violation of the law if he later drives a commercial truck, 18-wheeler, big rig, or tractor trailer. As mentioned, a commercial truck driver violates both law and federal law if any trace amount of alcohol is detectable in the driver’s system. The Transportation Code provides:
Revised Statutes 484C.120. Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation committed in work zone
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.04 or more but less than 0.10 in his or her blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a commercial motor vehicle to have a concentration of alcohol of 0.04 or more but less than 0.10 in his or her blood or breath,
to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access.
Don’t let trucker recklessness go unpunished. If you’ve been injured by a trucker driving under the influence, call a Truck Accident Lawyer immediately to discuss your rights.
In the case of truck accidents, the issue of poor maintenance is almost always present in every commercial vehicle accident, and truckers driving 18-wheelers, semi trucks, big rigs, or tractor trailers must be vigilant that they maintain a safe and properly functioning truck. The maintenance of a commercial vehicle rests with both the trucking company and with the truck driver, but the truck driver has the final say with regard to the maintenance of the vehicle before embarking on a trip along streets and freeways.
San Antonio is the one of the largest cities in the Texas. It is a sprawling metropolis and certainly has more than its share of truck accidents. But also has a number of truck repair shops where maintenance issues can be anticipated and corrected before they create a disastrous truck collision. As mentioned, it is the semi truck driver’s responsibility to maintain his commercial vehicle as defined under the federal and truck regulations. If an accident occurs due to the trucker’s failure to properly maintain the tractor trailer or semi truck, both the trucking company and the driver can be found negligent and held liable.
Areas of maintenance for a big rig or 18-wheeler truck driver that frequently arise involve brakes, proper lubrication (grease), steering and suspension, hydraulic fluid, air pressure, and loads. The trucker must do a pre-trip inspection to make sure that any maintenance issues that could be detected upon a reasonable inspection will be detected before getting on the road. These pre-trip inspections are intended to prevent accidents, overturned trucks, and other types of vehicle malfunctions before they ever arise, and if a trucker fails to properly inspect the truck before embarking on a drive, he or she has breached a duty of care and will be held negligent.
Truck Driver Maintenance Program
Some trucking companies have a maintenance program. A trucking company or any company that uses vehicles to transport passengers or property along major highways should have a maintenance program in place. As explained, improper maintenance is often a major cause of accidents and both the driver and a trucking company has a duty to ensure the safety of their vehicles.
Owner-Operator Maintenance Issues
If you’re on an interstate and you become involved in an auto accident, it can easily become a multiple vehicle car accident or pileup due to the sheer traffic in the area. This is unfortunate, and often occurs due to improperly maintained trucks owned by small businesses. For example, improper truck maintenance is often found in owner-operator situations where one driver owns a single truck, like a cement truck or a dump truck. Because the owner-operator owns a small business and may not have the time or money to do proper maintenance and inspections, they may let their truck’s condition fall by the wayside as long as it is still able to get the job done. This is unacceptable regardless of a company’s size, and the vehicle owner will be liable for failing to properly maintain the vehicle if it later causes an accident.
Truck Drivers are always required to keep their semi trucks, 18-wheelers, and tractor trailers in good working condition!
Trucking Companies Must Meet Federal Regulations
Federal regulations mandate that trucking companies properly maintain commercial vehicles. Examples of some of the regulations affecting trucking companies and the maintenance of semi trucks, big rigs, or 18-wheelers are:
Truck drivers must “systematically inspect, repair, and maintain” all motor vehicles under their control.
All truck parts and accessories must be maintained in a “safe and proper operating condition at all times.”
Maintenance records must be retained for at least one year as long as the vehicle remains under the truck company’s control, or six months after the vehicle is sold or leaves its control.
Truck Driver Pre-Trip Inspection
Truck drivers are required to inspect their commercial vehicles prior to going out on the road. A semi truck or big rig is a complex vehicle with many moving parts, and can become a deadly weapon if it is not properly maintained. All aspects of the truck must be in good working order. Some of the things that the trucker should inspect prior to any trip are:
Fluid levels (oil, coolant, power steering fluid, etc.)
Hoses and drive belts
Fluid leaks (motor oil, hydraulic fluid, brake fluid, etc.)
Mirrors, lights, defroster and wipers
Truck Accident Attorneys are experienced in handling truck accident cases of all kinds. Make sure you get a quality accident attorney to represent you in your truck accident case.
What is the difference between a truck accident lawyer and a car accident lawyer?
A truck accident lawyer who practices law and is qualified to handle truck accident law and is familiar with the various rules and regulations that apply to commercial vehicles. If you become involved in an accident with a semi truck or other commercial vehicle and you suffer property damage or injury, you need to protect your rights. Because of the nature of truck accident law, it is imperative that you select a truck accident attorney who is skilled in handling truck accident cases.
What is the difference between a regular truck and a commercial truck?
Commercial trucks are large, heavy vehicles used for interstate and intra-state commerce for the transport of commercial goods. A semi truck, big rig, 18-wheeler, tractor-trailer, tanker truck, or dump truck involved in an accident in are examples of commercial trucks. These kinds of vehicles are governed by federal, state, and local regulations that do not apply to non-commercial vehicles like pickup trucks or SUVs.
When would I need a truck accident lawyer that specializes in truck accident law and why is it so important?
There is a big difference between handling legal cases involving commercial vehicles and those involving non-commercial vehicles and passenger cars. A qualified truck accident lawyer will be able to protect your rights and will know how to conduct a proper investigation. He or she will be able to check for compliance with the many regulations that apply to commercial vehicles. A good truck accident attorney will also know how to select the proper venue, the party against whom the claim should be made, and whether multiple parties may be joined as defendants.
If there is a lawsuit as the result of a truck accident, who exactly should be sued?
It depends on the circumstances of the case. Sometimes a claim should be filed against the trucking company. In other cases, a claim may be filed against the truck driver. It is also possible that the loading facility where the contents of the trailer were secured could be a responsible party, or even the owner of the trailer’s contents. Who should be sued can also depend on whether or not there was negligence involved on the part of the truck driver or the trucking company, or whether any traffic violation occurred and contributed to the accident. Some other factors that may be involved are responsibility for truck maintenance, brakes, driver fatigue, recklessness, improper loads, and drug and alcohol use.
If I am hurt in a semi truck accident, what should I do?
If you sustain an injury in an accident, the most important thing to do is seek medical care for any pain or discomfort that you may experience. Delaying treatment can often make an injury worse. Many times it takes days for symptoms of soft tissue injuries to appear. Seeing a doctor immediately following the accident is necessary in order to receive a preliminary diagnosis. Extreme injuries such as burns, or neck and spinal cord injuries caused by a big rig truck accident often require immediate paramedic and trauma care unit assistance at the scene, In these cases, the victim must be taken to a hospital for treatment immediately.
Where should the claim for a truck accident be filed?
When a truck accident occurs and a lawsuit is filed, the selection of where to file that lawsuit is referred to as “choice of venue.” Generally, venue is proper in the following locations:
The county wherein the accident occurred;
The county wherein the defendant company’s principal place of business is; or,
The county wherein the defendant truck driver resides.
Even though the accident may have occurred in Texas, the truck company and the truck driver may be from another state. This is because trucking companies often operate in states other than where they are registered. The venue where an ensuing lawsuit could be filed may be the state where the truck accident occurred, the state where the trucking company is located, or even a state where the trucking company regularly does business, if different. A qualified truck accident lawyer is necessary to decide what the best venue would be for your truck accident case.
Why is it so important to conduct an investigation when there is a truck accident?
It is crucial to collect evidence and do a thorough and competent investigation after an accident with a semi truck or commercial truck. Trucks are bigger and heavier than passenger cars and require greater stopping distance. Commercial trucks are required to have proper maintenance, for example, adequate and fully functioning brakes. Additionally, truck drivers are only permitted to drive a certain number of hours per day and their hours must be properly logged and recorded. Only a complete and accurate investigation, including investigation of all logs and maintenance reports, will reveal the facts necessary to support your case.
If I miss work as a result of a truck accident, will I receive compensation?
Wages lost as a result of a truck accident can be recovered as compensation.
Do I have to come up with money to pay for an attorney in a truck accident case?
In most cases, you should be able to retain a truck accident attorney on a contingency basis without having to pay attorney fees out of pocket. Usually, any attorney fees will be paid out of the proceeds of a settlement or court case result. This means that you only pay your truck accident lawyer if you win! To be certain, make sure to ask your attorney beforehand.
What should I be looking for when hiring a truck accident attorney?
Select a lawyer who has a track record of being successful in obtaining compensation for clients in truck accident cases. Your attorney should also care about clients, display compassion for your situation, and listen to your concerns. Select a truck accident lawyer who is trustworthy and has a good reputation in the community. Also, it is important to select a lawyer or law firm that has the resources to go the distance in a long and involved case.
If I am involved in a truck accident, what should I do or not do?
Try to get witnesses to support your case, if you can. If possible, take photographs of the scene of the accident. Do not sign anything or make any statement to the insurer of the other party, or do anything when you feel pressured without consulting a lawyer first. Above all, do not admit any degree of fault.
Truck Accident Lawyers are here to answer your questions. Contact a Truck Accident Lawyer today for help from an experienced legal professional.
As one of the largest cities in Texas, San Antonio has a population of over 1.4 million people, and most of residents drive a non-commercial vehicle. If a passenger car or SUV is involved in an accident with a commercial vehicle such as a bus, semi truck, 18-wheeler, tractor trailer, or big rig, the outcome can be devastating. For example, a commercial trucking company employs truckers who drive heavily laden commercial vehicles like a semi truck, 18-wheeler, or tractor trailer, which can weigh in at around 70,000 pounds.
When a big rig is moving down a road or highway at high speeds, it is nearly unstoppable and can easily turn a motorist’s everyday commute into a lethal situation. Although a passenger car is lightweight, in comparison, and can easily maneuver in and out of lanes on highways, it is no match for a large commercial truck. If the two vehicles are unable to avoid a collision, the driver of the passenger car will be lucky to escape with their life.
Fact: The length of time to stop an eighteen wheeler is on average 40% greater than the time required to stop an automobile, depending on the weight of their load, whether they are bob-tailing, road conditions, and a number of other factors. Moreover, 18-wheeler trucks only have 10 brakes, not 18, as many people think. On a more positive note, trucks manufactured today are required to have anti-lock brakes.
Common Causes of Semi Truck Accidents
By law, truck drivers must possess a Commercial Drivers’ License (CDL) and limit the number of hours they drive during a given day. This law is intended to prevent truck drivers from becoming fatigued during long drives without adequate breaks or rest. Truckers must also avoid aggressive driving behavior, follow posted speed limits, properly maintain and inspect their truck, and yield to other vehicles on the road. If the truck driver decides to take shortcuts and avoid safety precautions, then it is likely that a major truck accident will transpire, in which the truck driver will be found negligent. If you find yourself a victim of a truck accident, you should contact a qualified truck accident lawyer or attorney immediately.
A Truck Collision Lawyer can help you prove that the truck accident you were involved in was in fact due to the trucker’s negligence and that you are entitled to monetary damages. Contact a Truck Accident Attorney today for a full explanation of your legal rights.
San Antonio is located in Bexar County with a population of over 1.4 million. A high degree of roadwork is required to maintain San Antonio’s extensive road and highway infrastructure; however, these important repairs do not always occur in time before a roadway accident occurs. Severe weather conditions sometimes make the situation even more dangerous. As a result, hazardous road conditions are one of the main causes of truck accidents. In fact, hazardous road conditions account for more fatalities than speeding or driving under the influence of alcohol.
Some of the causes of truck accidents due to hazardous road conditions may include:
Dangerous roads (poor design, steep pavement drops, narrow lanes, sharp curves)
Potholes and poorly maintained roads
Bad weather like heavy rain, ice, snow and fog
Inadequate warning signs about road conditions
Poorly marked construction zones
Defective signals and signs
Poor visibility of traffic signs
Inadequate highway lighting
Unsafe truck drivers make for unsafe roads. When driving conditions become too dangerous, truckers have a duty to pull over so that they don’t injure their fellow motorists.
Trucking Companies Can Be Held Negligent
The trucking company and its truck driver can both be held negligent and legally accountable following an accident involving a semi truck or big rig when bad road conditions are found to be the cause. Construction, traffic, and bad weather reports are available 24 hours per day, 7 days per week. If you or a loved one have been injured in a semi truck accident, contact a qualified truck accident lawyer immediately in order to protect your rights.
When truck drivers act imprudently by driving in hazardous conditions, you and your family should not be the ones to suffer. Put your mind at rest by contacting a Truck Accident Lawyer who can get you the compensation you deserve.
Hiring a truck accident lawyer or trucking injury attorney who specializes in federal laws and state laws regarding truck regulations is essential to obtaining a successful verdict. If you or a loved one have been involved in a truck accident in, it is imperative that you hire a truck accident lawyer or big rig injury lawyer who is knowledgeable in these laws and truck regulations.
States such as Texas impose “statutes of limitations” regarding all types of accident cases including commercial vehicle accidents. This means there is a defined time limit for filing a suit, after which you may be legally barred from exercising your rights. An experienced truck accident lawyer or truck wreck attorney will be able to determine the correct statute of limitations applicable to your case and make sure that you comply with it and all other legal requirements.
In addition to selecting a personal injury lawyer that regularly handles truck accidents, you should also check out the lawyer’s credentials. For example, is the attorney a member of the Texas Bar Association? All lawyers that practice truck accident litigation must be active members of the State Bar of. They may also join other professional organizations.
The mission of the State Bar is to govern the legal profession, to serve their members, and to protect the public interest. Their goals are to govern the legal profession in the State of Texas, subject to the approval of the Supreme Court; to aid in the advance of the science of jurisprudence and in the improvement of the administration of justice; to promote reform in the law and in judicial procedure; to uphold and elevate the standard of honor, integrity, and courtesy in the legal profession; to encourage higher and better education for membership in the profession; to promote a spirit of cordiality and true friendship among members of the Bar; and to manage the business of the State Bar in a prudent manner.
Commercial Truck Accidents Can Be Devastating
If you are involved in a commercial truck accident along a intersection, avenue, or freeway, the consequences can be devastating, often resulting in very serious injuries that can even lead to death. Due to the sheer size and weight of a commercial vehicle such as a bus, semi truck, big rig, tractor trailer, or 18-wheeler, a victim traveling along a road, avenue, or freeway who is involved in a truck accident usually doesn’t have a chance. When a negligent truck driver makes the decision to get behind the wheel of their semi tractor-trailer, any driver traveling near them is at risk for serious injury or death. The power and sheer force of a speeding 18-wheeler truck is a dangerous weapon that can forever change your life. Under the law, you are entitled to compensation for your medical bills, loss of income, and pain and suffering if you are involved in such an accident. If you or a loved one have been injured in a commercial truck accident, it is in your best interest to contact a truck accident lawyer immediately.
Truck Lawyers File
When a truck accident occurs and a lawsuit is subsequently filed, the decision of where to file it is called “choice of venue.” The venue chosen can have legal consequences that affect the outcome of your case. Generally, venue in a truck accident case is proper in any of the following locations:
The county wherein the accident occurred;
The county wherein the defendant company’s principal place of business is located; or,
The county wherein the defendant truck driver resides.
Even though your accident may have occurred in , the truck company and truck driver will often be from a different state. This is because trucking companies frequently operate in states other than where they are registered. In these cases, the venue where the lawsuit may be filed could be the state where the truck accident occurred, the state where the trucking company is located, or even the state where the trucking company regularly does business, if different. You need a qualified and experienced truck accident lawyer to decide what the best venue would be in a case like this that crosses state lines.
Trucking Companies Have Lawyers on Their Side
Trucking companies often have experienced truck accident lawyers working for them. Their job is to make sure you have a difficult time proving the truck company’s negligence, or fault, so that you cannot succeed in your lawsuit. That is why you need an experienced truck accident lawyer to fight for you and your rights. An experienced truck accident attorney will know the court system and be familiar with which District Court would be the best in which to properly file your case.
Hiring a Truck Accident Lawyer is the first step in the right direction after you or your loved one has been injured in a truck collision. Don’t be the victim of trucker negligence. Contact a Truck Accident Lawyer today and be sure you’re receiving quality representation from an attorney who knows how to handle your case.
Truck accidents involving a big rig, tractor trailer or 18-wheeler can often be attributed to a head-on collision, rear-end collision, or jackknife truck crash.
Due to heavy congestion and traffic along major highways, often multiple cars will become involved in a potentially deadly collision with a big rig truck or tractor trailer. Although only a fraction of the number of truck accidents are head-on crashes, especially where a concrete median is present, when they do occur, they often involve a fatality. When a heavily laden truck collides head-on with a passenger car, the result can be devastating. If you or a loved one have been the victim of a head-on collision, contact a qualified truck accident lawyer immediately.
Jackknife Truck Accidents
If you aren’t sure what “jackknife” means, imagine the folding of an articulated vehicle (such as a large 18-wheeler truck towing a trailer) such that it resembles the acute angle of a folding pocket knife. If a vehicle towing a trailer crashes or skids, the trailer can push it from behind until it spins around and faces backwards. In some instances, the accident is so violent that the truck and trailer will roll over. This can be caused by equipment failure, improper braking, or hazardous road conditions like potholes or icy roads. In extreme cases, a driver may attempt to deliberately jackknife the vehicle in order to halt it following a brake failure.
A big rig truck accident on roads and highways can be so severe that the injured victim or victims need to be rushed – sometimes even airlifted – to a nearby hospital for treatment and emergency medical care.
Rear-End Truck Accidents
Rear-end truck accidents can occur easily due to the sheer amount of traffic along roads, streets, and freeways. A tractor-trailer rear-end collision occurs when the truck strikes another vehicle in the rear. The U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) states that rear-end crashes account for 18 percent of all large truck accidents, with 50 percent more crashes occurring when the truck strikes another vehicle than when it the crash results from another vehicle striking the truck from behind. Contact a truck accident lawyer to learn about victim’s rights and get your lawsuit underway.
Truck Repair Shops
Truck drivers are required, under both federal law and truck regulations, to properly maintain their commercial vehicles. If the big rig driver fails to properly maintain his truck and an accident occurs as a result, then the trucker and the trucking company will be found legally negligent. Truck drivers should have their vehicles inspected at a truck repair facility which specialize in semi truck repairs.
Big rig, semi, and 18-wheeler truck accidents can be devastating. When truckers put fellow motorists in harm’s way and cause a collision, Truck Accident Attorneys are here to help.
If you have been injured in a jackknife accident, head-on collision, or a rear-end accident, contact a Truck Accident Attorney today for a FREE INITIAL CONSULTATION. You have rights and a Truck Accident Lawyer is here to help!
A considerable number of truck accidents occur in San Antonio due to its large population of approximately 1.4 million people, and its heavy traffic. Traffic congestion can cause a semi truck driver to drive aggressively by changing lanes, speeding, tailgating, running red lights, and even by experiencing road rage. When driving, a trucker has a duty to follow laws and to drive their vehicle in a manner that is not going to cause an accident or run another driver off the road.
As mentioned, aggressive driving by commercial truck drivers is a common cause of big rig and tractor trailer accidents, often caused by truckers who are trying to get from Point A to Point B in a hurry. The truck driver and trucking company would both be liable, but an everyday person might not know this. This is just one reason why you should hire an experienced truck accident lawyer to represent you.
Reckless Driving and Road Rage
Often times the truck driver will have anger issues which can result in a phenomenon called “road rage.” Road rage is aggressive or angry behavior that a big rig trucker can engage in, and may ultimately cause a serious roadway accident. This type of behavior might include rude gestures, verbal insults, deliberately driving in an unsafe or threatening manner, running red lights, tailgating, or making threats. Road rage can lead to altercations, assaults, and collisions, which result in injuries and even deaths. Road rage is considered an extreme case of aggressive driving. Under federal and state laws, truckers and trucking companies can be held liable for the driver’s road rage if it causes an accident.
Aggressive Lane Changing and Speeding
Truck accidents are caused by the drivers of tractor trailers and big rigs who tend to drive in an overly aggressive manner by changing lanes or speeding on roads and freeways. A truck driver is an expert driver and chose to drive trucks as a profession. Thus, a trucker’s failure to drive their vehicle in a reasonable, ordinary, and prudent manner equates to negligence. Because truck drivers are in the course and scope of employment while they are driving their big rig, semi, tractor-trailer, or 18-wheeler, their negligent behavior may be attributed to their employer under the legal doctrine of respondeat superior due to the principal-agent relationship existing between the truck driver and trucking company.
If you have been a victim of a tractor trailer or big rig truck accident caused by a trucker’s road rage, aggressive driving, or recklessness, you are entitled to compensation for your injuries. You should immediately consult a qualified truck accident lawyer or a tractor trailer accident attorney who knows the federal laws and laws and regulations regarding commercial trucking, and who can protect your rights.
Towing & Recovery
If a truck accident is caused by a reckless or aggressive driving, the results are oftentimes not pretty. Severe injuries and even death may be the result of a truck driver who decides to speed, change lanes, run stops signs or red lights in order to meet a deadline. Towing companies are usually called to the scene of a tractor trailer accident or wreck.
Don’t be the victim of trucker recklessness, road rage, or aggression. Contact an experienced Truck Accident Lawyer now!
Residents deserve compensation when the negligence of another party causes them an injury or loss. If you have suffered a loss due to a truck accident and you believe the driver was at fault, make sure you have an experienced Truck Accident Lawyer fighting for you!
In a perfect world, a person who is responsible for causing injury to another person would “make it right” and properly compensate them for their injury. Unfortunately, we live in a world that is far from perfect, and not everyone is willing to take responsibility for their actions. In addition, insurance companies make a significant percent of their net profit by under compensating victims of personal injury. Consequently, if you have been injured, you need to consult a personal injury lawyer .
A personal injury lawyer will understandably tell you what rights you have under the law , but time is a key element in personal injury law and you dare not hesitate! No matter how good the case might be it still has time limits connected with it and the even simplest cases need to be meticulously documented from the very beginning.
Personal Injury Attorney Selection Process
Following personal injury the first, and perhaps the most important thing you need to do is select the best and most appropriate personal injury attorney for your case. This requires legwork and research that goes beyond calling that 800 number you see on TV or the largest and most compelling ad in the Yellow Pages. Those ads might say more about that attorney’s marketing and promotional abilities than about their legal knowledge, experience and achievement.
Word of Mouth Referral is the Best Way to Find a Personal Injury Lawyer
Word of mouth referral is perhaps one of the best ways to find a good personal injury attorney. If you have had cause to use an attorney in the past for any grounds, give them a call and talk with them. Even if they don’t specialize in personal injury cases, chances are very good they will be able to provide you with the name of someone whose work they are familiar with and have respect for. Talk with friends and family members who have worked with attorneys and contact those lawyers as well. You might find that one particular name is mentioned several times, and that might be one of the names worth pursuing.
As you gather names check on their records through associations such as the Better Business Bureau. Go online and seek out Websites where former clients review attorneys, and see what themes or issues seem to be prevalent.
Narrowing the Personal Injury Attorney List
Once you have narrowed the list to the most prominent names and law firms, give each one a call and explore the possibility of meeting with them. Many will give you a first meeting free of charge, others might ask for a consulting fee. Whether you select to pay that fee or not is up to you , but meet with several attorneys to get a feel for the strength of your case, each one’s background in handling cases of your type, an idea of how they would proceed and how long it would take. Feel free to ask about cost and how payment would be structured.
In most cases the effort you put forth in locating and retaining the best attorney available for your case, is directly proportional to the outcome of the case .
In selecting a personal injury attorney there is no substitute for thorough research and straight forward, but important, questions!
Many people who are involved in a car accident find that the incident has a larger impact on their lives than they could ever have imagined. The victims of these types of incidents are left with having to face up to the mental anguish, as well as the paperwork and details surrounding an accident claim.
Being involved in a car accident is one of the most upsetting things that can happen to a person. Post-Traumatic Stress Disorder (PTSD) is not uncommon for those involved in car accidents. Symptoms of this condition can include; fear of driving, nightmares and flashbacks, panic attacks, guilt or worry about others involved in the crash, increased stress in trying to deal with everyday tasks and stress caused by financial worries relating to the crash.
The most important thing for you is to try and concentrate on your rehabilitation, but this can often prove difficult when you are suffering from PTSD. The best course of action having been involved in a car accident is to contact a solicitor to assist you with your accident claim.
Any solicitor with experience on motor accidents will be able to offer vital advice, such as making records of injuries and any medical costs. Perhaps more importantly they will minimize your involvement in the case by dealing with the other parties involved and take the claim forward.
A huge weight will be lifted from your shoulders by allowing the solicitor to take the burden of the pursuing the claim, leaving you to concentrate on recovering from the accident. It will also mean that you will have a better idea of what you will be due in terms of financial compensation and allow you to seek specialist help should you need some assistance getting over any stress related illness.
In recent years the number of us regularly participating in sports has risen significantly. This can be attributed to a number of reasons, such as more sport in schools, a better awareness of our own health and cheaper skiing holidays. Although it is encouraging that so many of us are now participating in sports, there is a downside in that there has also been an increase in sporting injuries. Whether the injured party is due any compensation may not be clear in many cases; this is where contacting an injury claim specialist is wise.
Injuries sustained in contact sports
When entering into a contact sport you are accepting that injuries may occur as part of the normal scope of the game. In such you could not bring a claim against an opposition player for an injury sustained in a tackle while playing football. In contrast you could bring a case against an opposition player if they injured you by acting in a manner that is not in keeping with the game, such as punching you in the face and breaking your nose.
Injuries received while skiing are especially complex and in most cases liability will lie with the individual. However, liability could sit with the resort in the event that they have failed to control or maintain a ski run. Or if an injury has occurred due to defective rented ski equipment then an injury claim specialist may be able to prove liability.
Seeking expert advice
For the majority of us with little understanding of how the law works it is difficult to know where we stand in relation to compensation following a sports injury. Every case must be judged on its own merits to determine who is at fault, if indeed anyone is. In such cases it is always advisable to contact an injury claim specialist and seek their advice. Not only will they be able to inform you as to whether you have the right to pursue an injury claim, but they will also set the ball rolling and guide you through the whole claim process.
When you pay for merchandise , companies are obligated to communicate certain facts to you. For instance , if you purchase an electric drill, it should have labels and directions that explain the particular harms of using the tool, including a warning label that clarifies the threats of electricity. Even though warning labels are sometimes pointed to as a sign of a too-guarded culture, they are present for a reason. Manufacturers are accountable for the products they sell. You are able to go to court and recover damages from defective products because this is covered under product liability law.
Not all product liability lawsuits involve defects in products, however. Some are filed when the manufacturer fails to warn their customer. Imagine if the aforementioned drill came with no warning labels at all. Although it may seem like common sense to you, remember that young people or people who simply don’t know anything about tools might get the drill too close to water or might use it in a precarious way. If they were alerted , it’s their responsibility. If they weren’t warned , then it’s the manufacturer’s responsibility and the injured parties can file a lawsuit.
A product liability claim oftentimes arises because an injury is very severe . You have probably seen some of these claims mocked by comedians or in the press . They would allude , for instance, that a person who sustained second-degree burns from a cup of coffee picked up at a drive-through was ignorant for not knowing the coffee was hot. It’s likely that those same snarky individuals would not expect their coffee to be hot enough to blister their skin and that, in addition to that, would be given to them in a venue where they were expected to be driving, with no warning about the fact that the coffee was much hotter than one would consume.
If you’ve been harmed by a product but worry that you’re just being foolish in thinking that you’ve been wronged, talk to an attorney. It is likely that you can get a free consultation regarding your case. Product liability attorneys do not discover ways for people to get rich without working: they represent people who trusted a company, and whose trust was then violated. No product should cause injury in an unforeseen manner. If you’ve been harmed, you’ve likely paid for it, and deserve to collect damages.
In the construction trade, asbestos, which is a man made material, is extremely dangerous. US and many other countries have officially banned it as it has been found to be carcinogenic. Since the substance is still found in buildings there are professionals who are available to get rid of it for a fee. Should you or a loved one be suffering from exposure to this substance, it would be a good idea to think about getting the help of an asbestos lawyer to obtain compensation. There are many attorneys specializing in taking the cases of asbestos victims to court. Some firms even specialize in asbestos related cases. Thus, locating a qualified professional to argue your cases and get you the compensation that you are rightfully entitled to should not be difficult. Before you start your search, however, it is worth looking at the things an asbestos lawyer can do for you.
If an asbestos lawyer is experienced they first must give you a consultation. A professional will speak to you about your case specifically. They will make a determination of your ability to obtain compensation. There are cases where those that have been exposed to something toxic might not warrant monetary compensation. In fact, in most cases, compensation is sought after the person, who has been exposed to the dangerous material, develops a serious medical condition. Statistics show that asbestos victims who have mesothelioma, a kind of cancer of the lungs that has a high death rate, are often the ones who initiate and win lawsuits.
Some states still let people who have been exposed to this substance get compensation before they get sick, in case of future illness. Therefore, you can see why it is important to look for an experienced asbestos attorney. Provided that he knows the state regulations well, he will be able to advise you when to take action as well as to give you prediction about your chances of winning. A good asbestos attorney will clue you in on not only when to sue but who to sue to get the most compensation possible for your injuries that you incurred. An experienced professional, after examining the case, should be able to identify which people and companies are responsible for the heath damages afflicting an individual. Sometimes litigation should be initiated against an employer, but other times proceedings should be against the manufacturer of the material. It is also possible for victims to sue leasing agents or even individual landlords.
Generally, the way an asbestos lawyer can help you most is to win your case. A really good professional can help you settle your case out of court. Often the defendants will negotiate with the plaintiff and/or their attorney before going to trial. The attorney for the plaintiff is able to negotiate a higher compensation that includes more than just the costs for treatment. Good attorneys also use other winning tactics, such as combining cases of asbestos victims.
An asbestos lawyer can be useful in many ways. Contact our Mesothelioma Attorney today. Just make sure you perform a through search in order to get the most qualified one.
Texas is hot enough that it’s sensible to drive a motorcycle most of the year. In addition to the variations in clothes and driving routines that have to be made to go with the cool conditions, you will additionally have to harbor wintertime drivers. There are numerous aspects working against a motorcyclist during the winter season.
Black ice is a notorious word for a dense sheet of ice that builds on the road, frequently in parts where the sun does not strike or at intersections where moisture from auto exhaust freezes to the streets. Regrettably, black ice actually isn’t black: it’s translucent. When you’re on the road, the wheel tracks in the blacktop are essentially less icy than the crowned locations of the road. The heat from car wheels prevents ice from accumulating. If you do strike an area, do not pivot your motorcycle. minimize your speed and keep your motorcycle upright on the ice. These patches of ice usually are not incredibly huge, nonetheless they can trigger you to lay your motorcycle down.
Winter motorists truly are not expecting to see motorcyclists. Over the summertime, drivers are naturally more conditioned to viewing bikes on the road and will tend to detect them a lot more. Be extra attentive, especially throughout the dawn and dusk hours. Between the reduced light and the simple fact that dawn and dusk ensue close to rush hour in the the winter season, it’s a formidable time to be on the streets.
For the duration of lousy weather in the wintertime, it becomes considerably troublesome to see bikers. If snow begins falling, it’s especially challenging to see them, as snow is likely to dim taillights and motorcyclists are already deficient in that division. Be additionally knowledgeable of individuals behind you. Specially if you have to drive very slowly simply because of unexpected snowfall, you will want to be certain you’re viewable.
A motor vehicle accident lawyer can assist you if you’re injured due to an individual’s negligence. A car accident concerning a motorcyclist has a generously increased chance of triggering a serious injury. The reality that it’s winter doesn’t imply that bikers have any less right to the roads and, if you’re injured, you may perhaps want to speak with a legal professional about getting compensated for those injuries. If you’re out on two wheels over the wintertime, bear in mind that drivers don’t anticipate you to be on the road nearly as much than they do in the summer and that you’ll have to accommodate this reality to stay protected.
At our firm we have earned a reputation for our aggressive representation of victims of medical malpractice. Our medical malpractice experts have years of experience serving Texas. Medical malpractice can involve any of the following situations:
• Below standard care, treatment, or ‘botched’ surgery
• Instances in which a doctor hurries through an examination and fails to diagnose a textbook case
• Other failed/erroneous diagnosis and treatments
• Gross negligence and lack of ‘Informed Consent’
• Issues when hospital staff fail to provide necessary care for an admitted patient
• Carelessness by a surgeon or doctor leaving a patient injured for a lifetime
• Health care providers who do not follow accepted standards of practice in the medical community, resulting in patient suffering, disability and even death
• Breach of doctor-patient confidentiality
Medical malpractice lawsuits can be long and drawn out, and they require medical malpractice experts with experience handling complex cases. The lawyers of our firm have the expertise that you will require for your medical malpractice lawsuit. We specialize in medical malpractice cases.
If you or a loved one has experienced or feels that you have experienced sub-standard medical care, you may have a strong case for a medical malpractice lawsuit. Our skilled attorneys are dedicated to providing exceptional service and close personal attention to each client. Our medical malpractice experts have the experience to effectively represent you and your case. We represent our clients’ interests in state and federal courts across the state of Texas. To schedule a free initial consultation with an experienced lawyer, contact us today.
An estimated 5,000 people die as a result of truck accidents and collisions in the United States each year. San Antonio is one of the largest cities in Texas with over a million residents, and has more than its fair share of truck accidents due in large part to high population density and congested traffic patterns.
Supporting San Antonio and Bexar County are several major roadways such as I-10, I-35, I-37, loops 1604 & 410 and highway 281. These major roadways and highways see a high volume of traffic each day. Bexar County, like any other large metro area in the United states, experiences a number of truck accidents which can seriously affect the lives of residents. It is in these unfortunate instances that you need a truck accident lawyer to advocate on your behalf. If you have a truck accident claim, call one of the truck accident lawyers in our firm for a free initial consultation.
Semi Accident Injury Attorney
Because a commercial vehicle accident involving an automobile usually results in severe injuries or death, due to the weight difference of a car versus the weight of a tractor trailer, it is essential that you choose an experienced commercial vehicle accident attorney. Commercial vehicles come in all shapes and sizes and are called various names throughout the United States. Here are just some common names and their meanings:
The above five references usually refer to a vehicle that has, when you count all the axles of both the tractor and trailer, a total of 5 axles, 10 brakes, an average overall standard height of 13´ 6´´, an overall length of 70´ to 80´, a total of 12 gears (10 forward and 2 reverse), and an overall maximum weight of 80,000 pounds without any overweight certificates. Compared to the average weight of an automobile, which is only 5,000 pounds, you can easily see how much more dangerous a large truck like this could be.
Big-Rig Injury Lawyers
Then there are trucks that do certain things and carry certain items:
Flat bed trucks
Then there are trucks that are commercial in nature but do not necessarily involve long haul situations. Some of the examples stay within the State of Texas and some do not. However, when any one of these is involved in a wreck, it is advisable to retain an attorney with Big-Rig accident knowledge.
Shuttle bus accidents driving to and from the airport
Transportation buses such as Greyhound.
San Antonio VIA buses.
Truck accidents caused by semi trucks, big rigs, 18-wheelers, tractor trailers, buses and commercial vehicles are common on San Antonio streets, avenues, and highways. Many of the semi truck crashes that occur in the city happen along the major highways, which include I-10, I-35, I-37, loops 1604 & 410 and highway 281.
Truck Accident Lawyers
When driving along an, avenue, or highway, there are many factors that can lead to a commercial semi-truck rollover, jackknife accident, or tractor trailer collision. The consequences can be devastating, with very serious injuries that can even result in death. When truck drivers fail to take the necessary precautions to avoid trucking accidents, they needlessly endanger the lives of people who ride in smaller vehicles. Drivers of semi tractor-trailers and 18-wheelers are often pressured to work long hours in order to meet delivery deadlines. Drivers are required by federal law to take breaks and adhere to safety regulations, but they often take shortcuts when it comes to driver safety, resulting in driver negligence.
Under federal and state laws, a trucking company may be held liable for driver negligence occurring accident. If you have been a victim of a tractor trailer or big rig truck accident, you are entitled to compensation for your injuries. A qualified truck accident lawyer or attorney who is familiar with the federal laws as well as Texas laws and regulations regarding commercial trucking can be a great asset in any potential lawsuit against a trucking company. This is a good reason why anyone involved in a truck collision should consider hiring a truck accident law firm to represent them in their claim against the trucking company. Our Accident Attorneys are experienced in handling serious injury truck collision cases and can help you fight the trucking company or its insurer in order to get you the compensation you deserve. Contact our Truck Accident Lawyer Firm today for a FREE INITIAL CONSULTATION.
Airbag safety concerning children is a critical, but sometimes overlooked issue. Although airbags are designed to save lives, they can also take lives or seriously injure a child if safety precautions are not followed.
Virtually every new car comes with airbags in the dashboard. Many cars also include side airbags. For older children and adults, airbags, along with lap and shoulder safety belts, can protect you from injuries during a car accident. However, airbags are not designed to protect younger children.
Airbags can cause serious injuries to infants who are secured in rear-facing child seats that are in the front seat of a car. Rear-facing child seats should always be placed in the backseat of a vehicle to protect children against possible airbag injuries.
There is also a risk of injury or death to children who are not buckled and are sitting too close to an airbag. The child could be thrown toward the dashboard during an emergency braking. Because of the severe force, an airbag will hit anything that is close to it, which can result in severe injuries to your child.
You can also follow child safety measures for riding in cars by making sure that children are properly secured in an age-appropriate and size-appropriate car seat. If children have outgrown a car seat, then be sure the child is properly secured in a lap/shoulder safety belt. In addition, refer to the owner’s manual in order to properly install child safety seats in your vehicle.
Contacting a Child Injury Attorney
If you wish to file a child injury claim or wrongful death lawsuit after a car accident, contact our Law Office to set up a FREE consultation with a child injury attorney about your case.
When your child rides the bus to school you should feel confident that they are being safely transported to and from their bus stop. Unfortunately, even though the bus driver and school may take every precaution to keep your child safe, they cannot account for the negligence of others.
Texas law requires all drivers on the road stop when a stopped school bus to stop as it loads or unloads passengers. If the stop signals are displayed, both oncoming and following traffic should come to a complete stop until all the children have made it safely off or on the bus and the safety signals are no longer present.
Your child has the right of way to exit their bus or cross streets to reach their bus when it comes to their stop. If a negligent driver fails to make the stop and strikes your child they can cause serious injury. In a case such as this, you should consult with a child injury attorney to determine your course of legal action.
No one wants to consider their child may be injured while traveling from school to home, but it is a sad reality that some parents do have to face. The injuries sustained in a school bus accident when your child is struck by a negligent driver can be life-threatening or lead to serious disability. To help deal with the costs of treatment and compensate you for your losses and suffering, a child injury claim may be necessary.
There are many dangers your child potentially faces when they ride a school bus. Almost every child will ride one in their lifetime to events such as field trips and sports games. It’s important to know how school bus accidents can result in serious injuries and how to proceed with determining who is liable for your child’s injuries.
Contacting a Child Injury Attorney
If you wish to file a child injury claim or wrongful death lawsuit after a Tampa accident, contact our Law Office to schedule a FREE consultation with a child injury attorney.
Sadly, child passenger deaths are the most common cause of death for children in the United States. Sometimes these deaths are the result of a failure to use child safety seats.
Serious and fatal injuries could be reduced by 50% if more children were placed in age-appropriate and size-appropriate car seats. In fact, the risk of death could be cut by 71% for infants and 54% for children who are 1 to 4 years old.
One study conducted was to observe nearly 3,500 car seats and booster seats. It was found that 72% of the car and booster seats were misused in such a way that it could be expected a child would suffer injuries if involved in a crash.
However, these are not the only reasons why children are killed in car accidents. One in 4 child passenger deaths were the result of a drunk driver, for children up to 14 years old. More than two-thirds of these children were riding in a vehicle where the driver of that vehicle had been drinking.
Many child passenger deaths are preventable. If you have experienced the tragic death of a child in a car accident and the crash occurred while your child was under the watch of a caretaker (such as a nanny, baby-sitter or day care employee), contact a child injury lawyer who can help you fight for the justice that you deserve.
Contacting a Child Injury Attorney
If you wish to file a child injury claim or wrongful death lawsuit after a car accident, contact our Law Office to set up a FREE consultation with a child injury attorney about your case.
It’s not only the school bus driver who is responsible for your child’s safe journey to and from school. There are many parties involved in the safe operation of a school bus, from the mechanics who keep it in operation to the school board members who determine when the weather is too poor to allow safe travel. When your child is injured in a school bus accident there can be many people at fault.
Determining who to hold liable in a child injury lawsuit is a difficult task that a child injury attorney can help you with. It’s not always the bus driver’s fault when the school bus is in a serious accident. Negligent drivers, poor weather, or mechanical errors can all result in potentially fatal school bus crashes that put your child at risk for serious injury.
Negligent drivers are one of the major causes of school bus accidents, as they can either strike the actual school bus or they may hit your child as they are boarding or leaving the bus. Failure to stop for a school bus with its stop signals displayed is a crime in Texas, and a hazard to your child.
Poor weather conditions can also result in school bus crashes. When severe storms threaten your area, the school board should put the safety of the students first and close schools when necessary. The school is also responsible for making sure the busses are properly inspected and maintained to avoid malfunction.
Of course, the bus driver is the main link to keeping your child safe by being a responsible driver. If the driver is impaired or intoxicated or otherwise negligent in their duties to safely transport your child, they may be held liable for your child’s injuries in a school bus accident. With all the parties potentially liable, you should consult with a child injury attorney for help.
Contacting a Tampa Child Injury Attorney
If you wish to file a child injury claim or wrongful death lawsuit after an accident, contact our Law Office to schedule a FREE consultation with a child injury attorney.
You do your best to teach your children important safety tips about crossing the street or dealing with strangers. Why is it any different with dogs? While many dogs are friendly, it’s important to remember they are animals, and different stimuli may cause an unexpected reaction.
The following are some safety tips to share with your children that may help prevent a dog bite injury:
Do not approach an unfamiliar dog.
If a strange dog approaches, stand as still as you can and avoid eye contact with the dog.
Never run from a dog.
Don’t make loud noises around dogs.
If a dog knocks you to the ground, curl up into a ball and cover your face and head with your arms.
Never play alone with a dog.
Ask the owner’s permission before petting or playing with their dog.
Do not stare into a dog’s eyes.
Never bother a dog that is eating, sleeping, or taking care of its puppies.
Let a dog sniff you before you reach out to pet it.
Despite your best efforts to teach your child safety tips to prevent them from being injured by a dog bite, dog attacks can and do still happen.
How a Child Injury Lawyer Can Help
Next, it would be in your best interest to schedule a no-cost consultation with a child injury lawyer. During your consultation you will learn more about your child’s rights and what options you may have to pursue compensation.
Although airbags installed in cars have saved countless numbers of lives, they can also be a danger to children. If your child has been injured by an airbag in Texas, you should contact a child injury lawyer. A lawyer can help you determine your rights and any compensation you may be entitled to as a result of injuries sustained or in the event of the child’s death.
Child Airbag Injury Statistics
According to the National Highway Traffic Safety Administration (NHTSA), there has been a decrease in airbag deaths for infants and children under the age of 12 since safety campaigns were first launched in 1996.
With the onset of public safety messages about children riding more safely in the backseat, came the decrease in airbag-related deaths. However the risks remain and sadly, there have still been incidences of children being seriously injured or killed by an airbag.
With an increased number of vehicles being equipped with airbags, comes the increased risk of children being injured or killed by airbags during a car accident. Airbags project an explosive force that can be very harmful to small children. They can be projected from either the dashboard or the side panels of a vehicle.
The impact between the airbag and the person coming in contact with it is so forceful it can cause injuries. Although it is recommended that children 12 years and younger ride in the backseat, weight is a more important factor to take into consideration. Even a 13-year-old, who is small in size, can be at risk of injury from a deployed airbag.
Our No Fee Promise is your assurance that you will owe no attorney fee if we don’t collect money for you. In addition, we will advance all costs, reasonably necessary to pursue your case and will not request reimbursement of those costs, if there is no recovery.
And we fully understand the cost of legal services is a major concern for any client. We pledge to eliminate that concern. Dealing with the effects of the injury to your child, or the devastating consequences following his or her death, is more than enough for any parent to handle without concern of how you will pay for a lawyer. Our fees are offered on a contingency fee basis. This means there is NO FEE unless we are successful in recovering money damages for loss you or your child have suffered. Our attorney fee is paid as a percentage of any recovery obtained and is paid from that recovery.
We stand behind our No Fee Promise. If you have questions about:
-Whether to retain a lawyer,
-Whether you have a case to pursue,
-Or you have questions or concerns about what has occurred to your child,
We look forward to talking to you. We pledge to do our best to give you straightforward advice about your legal options. Call us to schedule a confidential review of your case. There is no cost to you, nor is there an obligation to hire a lawyer.
Causes of a Swimming Pool Accident
The real tragedy is that almost every swimming pool accident is preventable. Listed below are some of the most common causes of these accidents.
Inadequate supervision. Pools in parks, recreation centers, and private clubs are usually required to have a lifeguard on duty. But sometimes these lifeguards are inattentive or improperly trained. At private pools, an adult should always watch over children who are swimming. More importantly, no small child should be left unsupervised in or near a pool area.
Insufficient fencing. All backyards or swimming facilities should have a fence which completely surrounds the pool area. The fence should be at least 4 feet high to prevent young children from climbing over it. It should also have a self-latching gate which is to remain locked when the pool is not in use.
Absence of alarms. If the pool is indoors, alarms should be installed on all of the doors, windows, and other points of entry. Any pool can benefit from a floating alarm which sounds if the surface of the water is disturbed.
Improper covering. A pool cover can provide another line of defense against children falling into the pool unintentionally. But this cover should always be fully in place without any gaps in coverage – and it does not replace the need for a fence around the pool.
Inappropriate rescue equipment or procedures. Rescue aids such as a life preserver and shepherd’s crook should be present and accessible at a pool at all times. Also, the staff and lifeguards at a public pool must know how to use the equipment, and should also be knowledgeable in CPR and other lifesaving procedures.
Private facility owners, municipalities, and even homeowners are liable for what happens in their pools. If you feel that a swimming pool accident has occurred because of the negligence of these parties, you should engage the services of a child injury attorney.
Contacting a Child Injury Attorney
Helping your child to recover from his or her injuries after a swimming pool accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Before accepting a settlement offer in relation to your swimming pool accident claim, contact our Law Office to set up a FREE consultation with a child injury attorney about your case.
A dermal burn (also called a partial thickness or second degree burn) breaches the skin’s outer layer and spreads to the dermis. Firecracker accidents and prolonged exposure to high-temperature surfaces often result in dermal burns.
The severity of these types of burn injuries can vary widely because the dermis is much thicker than the epidermis. Though the pain is more intense, the treatment methods are similar to those used with superficial burns – but some amount of scarring is often left behind after the burn has fully healed.
A full-thickness burn (also called a third degree burn) is much more serious because it extends into the fat and subcutaneous tissue that is found in the third layer of skin. These burns are seen in electrical accidents or instances where a child has been set on fire.
In most cases, full-thickness burns require skin grafts to heal. This is done by taking healthy skin cells from another part of the body and placing them on the burned area so that new skin may form. In addition to extreme pain, this type of burn almost always results in permanent scarring, skin discoloration, and dysfunctional internal skin systems.
A fourth-degree burn extends past all the skin layers and into the underlying tissue, muscles, ligaments, or bones. These types of burn injuries are treated almost exactly like full-thickness burns.
It is quite likely that a child will not survive a fourth-degree burn. If they do, they will probably be left with permanent damage to their muscles and nerves in addition to the aftereffects of full-thickness burns.
Other Effects of Child Burn Injuries
All types of burn injuries also cause fluid loss in their victims. While this is usually less of a concern for adults, children may endure problems that are related to dehydration. In addition, all burns are subject to infection during the healing process. Because kids are generally more active than adults, child burn injuries might be more apt to get infected.
If you see any child burn injuries that may be more severe than a superficial burn, seek medical attention immediately. If you know of any child burn injuries which were caused by the negligence or reckless actions of someone else, you should contact a child injury lawyer to discuss your legal options.
Contacting a Child Injury Lawyer
Helping your child to recover from his or her injuries after a burn accident should be your main priority, not dealing with complicated legal paperwork. Before accepting a settlement offer, contact our law office to set up a FREE consultation with a child injury lawyer about your case.
The number of child accidents serious enough to send a child to the hospital increase during the summer. Injuries commonly occur due to falls from playground equipment and from bicycles, skateboards and scooters. Car crashes, however, account for the largest number of summertime child injuries and nationally, are the leading cause of death for children under the age of nineteen.
Generally speaking, there are more teen drivers on the road when school is out, which increases the risk of car crashes simply because most teen drivers lack experience and are often engage in distractive driving behaviors, particularly when there are other passengers in the car.
Tragically, many car accident injuries involving children, are the result of young children not properly restrained in an age appropriate car seat, booster seat or not wearing a seat belt at all. If not properly restrained, a child can be ejected from a car and suffer fatal injuries, even in speeds as low as 30 mph.
Many child injuries are unintentional and preventable and can be avoided with awareness and supervision. Others occur simply because children, at times, do not understand the risk of injury – such as riding a bicycle in a high traffic area or climbing too high on playground equipment and falling – often suffering a closed head injury or a fractured arm or leg.
Doctors and hospitals treat a number of youths in the summer because of a rise, also, in the number of ATV accidents and bicycle wrecks. CPSC approved safety helmets should always be worn to avoid serious head trauma in the event of these kinds of accidents.
Fireworks are often a part of summertime festivities, especially 4th of July celebrations. Many children are attracted to fireworks and don’t recognize the dangers and may not have an adequate adult supervision. When things go wrong, kids can suffer second and third degree burns from fireworks, requiring extensive medical care.
Swimming and water sports are some of the most common sources of accidents. Two-thirds of fatal drowning accidents occur during the summer. Last month, the American Academy of Pediatrics issued a revised policy on the prevention of drowning for children.
Previously, they took the position that after a child’s 4th birthday was the time to begin swimming lessons. Now, parents are advised to exercise their judgment on the issue, but use swimming lessons as part of a comprehensive drowning-prevention strategy, including: installing fencing around pools and in-pool alarms, and staying within touching distance of small children in the water.
Summertime is a wonderful time for kids to enjoy a break from school and to be outdoors playing. Exercise precaution and prevent the unforeseen from happening!
If your child has been injured, call our office for a free consultation.
Who May Bring a Wrongful Death Action?
Under law, one person is appointed by the probate court to bring any case against the person responsible for the death of a child. This person is called the personal representative of the estate and is typically a family member. He or she brings the claim on behalf of all survivors who may be entitled to receive financial compensation because of the tragic loss of a child.
Damages for Wrongful Death of a Child
Law differs depending on whether the deceased child was a minor child or an adult child. For purposes of the Act, a “minor child” is one who is less than 25 years old. The damages a parent of a minor child may recover differ from those the parents of an adult child may recover.
In a wrongful death action, the parents of a minor child may recover (depending upon the age of the child):
mental pain and suffering from the date of injury,
any medical or funeral expenses paid by the parents of a deceased child,
the value of lost support and services from the date of injury to death, and
future lost support and services from the date of death (reduced to present value).
In a wrongful death action, parents of an adult child (25 years or older) may recover all of these damages except mental pain and suffering. Those parents may only recovery pain and suffering if there are no other survivors, such as a spouse or children. Also, if the death of the adult child is the result of medical malpractice, then the parents may not recover for mental pain and suffering.
Loss of support includes monetary and non-monetary items (for example, property). Loss of services usually includes household tasks the deceased child regularly performed. Survivors may recover for lost services from the date of the child’s death to the date of majority. The goal of the Act is to compensate the survivors for the loss of support and services they might have reasonably expected to receive from the deceased had the death not happened. Courts will determine the value of lost support and services on a case-by-case basis. The survivor’s relationship to the deceased is an important factor the court will consider.
There is a shortened period of time to bring a claim when a loved one dies. The legal process in bringing a death case is complicated and time consuming. You should consult with a lawyer experienced in wrongful death cases at the earliest possible time. Waiting does not make a case better.
Call our office for a free consultation.
If your child has been injured in a car or other vehicle accident, either as a driver of the car or as a passenger in the car, you need answers to your specific questions. If the injury was serious enough, you have already had to deal with treatment by paramedics and the emergency room. Where do you go from here to get the medical care he or she needs? If you have a regular pediatrician, they may be a good resource for initial treatment or for a referral to a specialist. If not, there are a variety of medical specialists who may be able to treat your child’s specific needs. We’ll gladly share with you the types of doctors best suited for your child’s needs.
You may also be wondering how much it will cost you to talk to an attorney (nothing) or how lawyer fees are paid. We offer payment on a contingency fee in most cases.
While we can’t predict every question you have while you are reading this, we will find the answers you need when you contact us.
Recovering financial compensation for your child’s injuries will require investigating the accident to identify each party who may be responsible. That means checking all available insurance coverage, the drivers’, the owners’, and any available uninsured motorist coverage. But remember, when an accident happens, the insurance companies go into high gear to minimize any payments they may have to make. They will have assigned specially trained adjusters. It does not matter to them the injured party is your child. What ultimately matters to them is how little they pay to settle the claim. They will probably attempt to contact you to ask you or your child to give them a recorded statement, sign a few forms, or even offer you some small amount of money for your child’s pain and suffering. Are you prepared to deal with them on your own?
You have enough on your mind, let us handle the insurance company.
I would suggest you politely put them off until speaking to an attorney in our firm.
Let me give you another suggestion. While you are dealing with your child’s injuries and medical care, we will work to recover from the responsible parties the compensation your child may be entitled to receive.
If you still have unanswered questions you would like to discuss with an attorney, please call our office at and schedule a time that is convenient for you to discuss your concerns. There is no charge nor is there any obligation to hire an attorney.
Fire and burn Injuries are the second leading cause of accidental deaths in children ages one to four, with approximately 3,000 children dying each year from burn injuries.
Even with careful adult supervision, events can get out of control, resulting in a tragic accident. Too often, neighbors, family friends or others responsible for your child are careless, and this results in your child being seriously burned.
A child’s burn injury may have life altering consequences. Second and third degree burns require intensive medical treatment initially, normally at a specialized burn center. Treatment may require extended periods of in-patient therapy. Often multiple surgeries are required. Special pressure garments are often used. Plastic surgeries to restore cosmetic appearance may be required as well as counseling and emotional therapies which could be needed shortly after a burn injury and in the future.
Almost every burn case requires investigation beyond what the police or sheriff’s office provides. An early investigation can make a big difference in how your case turns out in the end. Obtaining photographs of the injuries and of the scene and witness statements should be done as soon as possible after an injury while memories are fresh.
Paying for needed medical care is a primary concern for any parent. Medical care may not be the largest component of your child’s injury claim, but it is a significant part. If you do not have medical insurance, we may be able to arrange for doctors and other medical providers to wait for payment until your child’s case is settled. This is through the use of a Letter of Protection, which promises the provider will be paid from the proceeds of any recovery for your child. Most medical providers will not see an injury victim who has no medical insurance unless the person is represented by an attorney in order to work out the Letter of Protection.
Even if you are fortunate enough to have medical insurance, do you understand your insurance company’s right to require reimbursement for the expenses they have paid from any recovery your child receives? Their reimbursement rights will differ depending upon whether they are an employer sponsored plan or one you obtained on your own. Dealing with their reimbursement rights requires special knowledge of State and Federal laws.
Finally, many burn cases are brought against a homeowner based on their negligence. This is common in fireworks injuries as well as other burn situations. Claims against a homeowner may be covered by their homeowner’s insurance. Often, it will provide insurance coverage for acts the homeowner commits away from their home. Some policies will also have a small medical payments coverage amount, generally $1000.
Remember, any insurance company, who insures the person responsible for a burn injury, will be aware of the potential catastrophic losses your child could suffer. Don’t be lulled into believing they will treat you fairly simply because the injured person is your child, regardless of their age. They will assign a highly trained professional adjuster to investigate the claim immediately. They will be interviewing all potential witnesses and have investigators at the scene, gathering evidence and taking photographs. They will likely contact you to attempt to get a statement from you about the accident. They will generally ask you to give them access to your child’s medical reports and sign one or more other forms.
Rather than play according to their playbook, may I suggest you make another decision, one that will arm you with information you need to make informed decisions for your child’s best interest. Please call our office and schedule a confidential telephone or in person conference. There is no charge, nor is there any obligation to hire a lawyer.
The owner of a dog in is held strictly liable for injury caused when their dog bites someone. Other states have a “one bite rule” before the owner will be held liable. Not Texas. In order to hold the dog owner responsible, they must be identified. This is usually done when a dog bite is reported to law enforcement and animal control. They will generally locate the owner in order to inquire about the dog’s vaccination history and do their investigation.
The question will be whether the owner of the dog is insured, typically under a homeowner’s or renter’s insurance policy. If the owner owns their home, they will generally have a homeowner’s insurance policy. Some homeowner’s policies will actually contain an exclusion that it does not cover dog bites or they might exclude certain breeds of dogs from coverage (generally the more well- known aggressive dogs). Unfortunately, renters are more problematic. It is common for them to have no insurance for injury their dog causes. It is possible the landlord could have coverage which applies. In other settings there may be coverage under a commercial insurance policy covering certain businesses where dogs are found. In order to verify available coverage, the identity of the owner’s or renter’s policy must be disclosed.
Dog bites often cause gravely serious wounds on children. Because of their size, vulnerability, and inability to effectively escape or fight off an attacking dog, they too often suffer disfiguring head and facial wounds, as well as wounds to their arms, legs, and body. The immediate wounds are usually handled at an emergency room, often involving a plastic surgeon. After their discharge, any serious wound will be handled by a plastic surgeon. Depending on their severity, their location and the age of the child, it is common for scars to require revision surgeries. Some may be needed years after the initial treatment.
Paying for all of this is a nightmare for many parents. If there is homeowner’s or renters insurance, two coverages may apply. First, most policies will carry a very low amount of medical payments coverage, generally about $1000. This will be paid to defer some medical expenses even if the homeowner was not at fault. If a commercial policy applies, it could have significantly higher amounts of medical payments coverage.
Second, the policy will have liability insurance coverage which pays for damage done for which the homeowner/dog owner is legally liable. This involves proving fault. Some issues which could come into play would include, were they the owner of the dog, was there a “bad dog” sign posted, was the dog restrained, did the attack happen on the homeowners property, was the child lawfully at the location where the attack occurred, the age of the child, and whether the child was at least partially at fault in provoking the attack?
If there is no health insurance covering the child’s medical care, in most instances, it becomes a question of whether the dog owner, while liable, has liability insurance to pay for the medical and other expenses. In considering the issue of the child’s injuries, they include more than simply the child’s current medical expenses. Careful consideration should be given to the medical expenses the child will need in the future. Thought must also be given to providing for the emotional and psychological treatment needs your child may require. Dog bites often leave emotional scars long after the physical scars have healed. These must be taken into account in holding the owner responsible. Other damages include pain, suffering, scarring, disfigurement, loss of the enjoyment of life as well as consideration of loss of earnings and future ability to earn money.
In cases with serious injuries requiring medical treatment in the future, your lawyer should discuss with you the advantages of a “structured settlement.” These are a particular settlement arrangement which pays out money in future years according to a schedule agreed upon at the time of settlement. They are a form of an annuity funded by a policy of insurance; they also have tax advantages which will save you child money in future years.
Finally, understand the insurance company for the dog owner will begin immediately looking into the facts of what happened. They will assign one or more specially trained adjusters to investigate every aspect of the case. It doesn’t matter to them that it was your child who was bitten. They are specially trained in the techniques needed to investigate your case with one goal in mind, if they can’t deny the claim entirely, to pay absolutely as little as possible to settle your child’s claim. They may call you requesting to see and interview your child or get a statement from you “just to better understand what happened.” They may request copies of your child’s medical records and ask you to “sign a few forms.”
Before you speak to the other party’s claims adjuster, hire a lawyer. There is no charge for the initial consultation. Nor is there any obligation to hire an attorney.
From personal injury to workers’ compensation, our attorneys provide aggressive and personalized legal services to help each client with his or her legal needs. Below is a list of the areas of practice that we have extensive experience litigating both in a settlement stage and in the courtroom. If you would like additional information about any of these areas, please contact us today.
Automobile/Tractor Trailer Accidents
Automobile Crash Worthiness & Defects
Nursing Home Negligence
Premises Liability/Slip and Fall
Railroad Accidents/Crossing Accidents
Federal Employer’s Liability Act
Automobile/Tractor Trailer Accidents
Distracted, aggressive drivers are prevalent on our highways, making automobile accidents an everyday occurrence. Being injured in a collision can have serious effects on a victim’s life. Automobile accident victims often face high medical bills, lost wages, pain and suffering, severe injury, permanent disability, or even death. If you or a loved one has been injured in an automobile accident, you may be entitled to financial compensation — even if you are not sure that the other driver was at fault, our firm may be able to help you.
The police report is crucial to the initial evaluation of a car crash. It provides information regarding the drivers and witnesses and may also contain notations about critical evidence. You should obtain a copy of such and have it available at the first meeting with our office. You should also have a copy of all of your automobile insurance policies that show the type and amount of coverage you have.
Automobile Crash Worthiness & Defects
Sometimes defectively designed seatbelts, seat backs, air bags or other vehicular components can cause injuries more severe than would normally be expected in a car crash. If you have any reason to believe that you have suffered a serious injury as a result of a defect in any component of a car, you need to provide that information to our office immediately and make sure you preserve the vehicle for inspection by experts.
Manufacturers and store owners have a responsibility to consumers. They must ensure that the products they sell are not unreasonably dangerous due to a defective condition. If a party manufactures, distributes or sells a product that is unreasonably dangerous when used in a reasonably anticipated manner and it causes an injury to the user of the product, our legal system holds the manufacturer, distributor and/or seller strictly liable because they are in the best position to detect and correct the defect or provide an adequate warning of the dangerous propensities of a product. It is crucial for you to keep any product that you believe is defective and provide it to our office along with any receipts or other documents regarding your purchase or rental of the product. If you or a loved one has been injured by a dangerous or defective product, please contact us today.
Nursing Home Negligence
In order for a client to file a lawsuit for medical negligence, he or she must obtain a written statement from a licensed physician stating that the medical provider treating the client failed to provide the basic level of care and treatment established by the medical community, and consequently, caused the patient to sustain injury. Since medical records must be obtained and reviewed in order to evaluate any claim of medical negligence, we ask that you bring the records to your initial meeting at our office.
Contrary to current media reports, health care providers who practice have long enjoyed the benefits of a short statute of limitations and a cap on judgments that may be entered against them. Despite such favorable treatment and a reduction in claims against them, insurance companies have continued to raise premiums. This is to offset bad investments, a declining stock market and poor management within the insurance industry. The legal system merely seeks to hold health care providers accountable for their mistakes, which can have devastating consequences on patients and their families. Please let your lawmakers know that you oppose any further restrictions on holding doctors responsible for their acts of negligence. If you fail to take some initiative, you may not be able to receive fair and just compensation for injuries inflicted by medical negligence. If you believe you or a family member is the victim of medical malpractice, our firm can help you receive the compensation you need. Please contact us today.
Premises Liability/Slip and Fall
People who slip and fall on another person’s property due to unsafe conditions may be eligible for compensation. Property owners are responsible for keeping their premises safe and for warning visitors of any potential hazards. For example, if a supermarket owner mops the floor and doesn’t mark the area to warn consumers, he or she may be legally liable for a slip and fall injury occurring in that location. Similarly, a homeowner who fails to warn guests of a broken step may be liable for his guests’ injuries.You should obtain photographs of the area where you fell as soon as practical–in order to depict the condition as it existed at the time of your injury–and present them to our office at the initial consultation. By the time you contact our office it may be too late to get photographs of the area as it existed at the time of the injury. Evidence of prior injuries is crucial and you should provide any such information to our office as soon as you become aware of such.
Railroad Accidents/Crossing Accidents
If you or a family member is injured at a railroad crossing or as the result of railroad operations, you should contact our office immediately. You can expect the railroad to have its investigators and claims handlers on the scene within minutes, intending to build its defense. In cases like these it’s imperative to have someone who will protect your interests from the outset. Our office is familiar with railroad operations and can assist you in pursuing your claim. Likewise, in the event of a boating accident you should immediately contact our office so that crucial evidence can be gathered and preserved.
Federal Employer’s Liability Act
Virtually all employees who are injured on the job are entitled to state workers’ compensation benefits. This is unless you live in a state where it is optional to have Worker’s Compensation. The benefits include coverage of medical expenses; temporary total benefits for the period that an employee is being treated for their injuries and unable to return to their job; and permanent disability benefits for the limitations caused by a disability expected to last beyond the conclusion of medical treatment. Your employer will generally have an insurance company handling all such claims and will hire an attorney to protect the interests of both the employer and insurer. It only stands to reason that you should have an attorney representing you. Please contact our office to assure that your rights are protected and you receive the necessary medical care, treatment and evaluation of your particular injury.
Third party lawsuits can be pursued beyond a workers’ compensation claim against individuals or entities other than your employer if they are responsible for causing your injuries. Some examples would be a claim against the manufacturer of a defective tool or piece of equipment that causes an injury while working, or a negligent driver who runs into you or your vehicle while you are working. If you pursue a third party claim, you must generally reimburse your employer for the workers’ compensation benefits that you received. The amount of reimbursement is calculated according to a defined formula which is based upon the amount of any recovery obtained from the third party.
Railroad, barge and marine workers are not covered by state workers’ compensation statutes. Railroad workers are covered by a federal statute that is the same regardless of the state in which he or she is located at the time of injury. This is called the FEDERAL EMPLOYER’S LIABILITY ACT. We have nearly 20 years of experience, making us well-versed attorneys in railroad operations and terminology. Please contact us immediately so that we can bring the wealth of my experience to bear on behalf of you and your family.
Barge and marine workers are covered by the JONES ACT, which essentially adopts the provisions of the FEDERAL EMPLOYER’S LIABILITY ACT. In such claims, however, you are entitled to “maintenance and cure” from the owner of the vessel. Again, you should contact us immediately so that we can take appropriate steps to assure that your legal rights are asserted.
Although you pay premiums for insurance coverage, the insurance company may use specific provisions in your policy as a basis for denying coverage. This action may be the basis for a vexatious refusal claim against your company if you follow the requirements of the statute. We have experience pursuing legal actions against insurance companies in an attempt to compel them to pay benefits to my clients. We have also given seminars regarding insurance law to practicing attorneys. Please contact our office if your insurance company is denying coverage or benefits so that we can evaluate your insurance policy and advise you on your rights and obligations under the policy.
If you, a family member or a friend are injured due to an attack by an animal, you may be able to recover from the animal’s owner/possessor if the breed has known vicious tendencies or has attacked and/or injured other individuals. It is important to obtain any information about the animal’s prior behavior and provide such to us as soon as possible.
Additionally, you should not give a recorded statement about the events surrounding your injury to a representative of the party at fault, because it can only be used against you. You should first seek medical attention and follow the instruction of your doctors. You should not be intimidated by those who are conducting an investigation of your injury but simply refer them to our office if you have entered into a contract hiring us to represent you.
Losing a loved one is truly one of life’s most difficult experiences. If the death is caused by the negligence of another, however, the wrongful death statute, permits certain relatives to bring an action to recover damages. Other statutes such as the Workers’ Compensation Statute and the Federal Employer’s Liability Act also provide for recovery by certain relatives in the event of the death of a family member. Although we understand that nothing could diminish your personal sense of grief, please contact our office immediately so that we can evaluate the possibility of pursing a wrongful death case on your behalf in order to obtain just and reasonable compensation for your economic loss in the event that such a tragedy strikes your family.
Knowledgeable Car Accident Lawyers
Poor driving, dangerous roads, and increased traffic all contribute to the staggering number of motor vehicle accidents which occur every year. At our firm, we help people who have been injured in a car accident to obtain compensation for the damage done to them. Our auto accident lawyers have been representing clients in this area since 1975.
We have experience representing clients who have been injured in drunken driving related accidents. Even if someone was not convicted of DWI, you may still be entitled to damages based on the negligent conduct that caused your injuries. In some cases, accident law may allow you to recover punitive damages if the conduct that caused the accident was particularly irresponsible.
Whether your case concerns a head on collision, or a lawsuit for the wrongful death of a loved one, we take the time to understand your unique situation. We often use our own expert economist to value lost wages, rehabilitation costs, and other foreseeable expenses. We develop a complete picture of the difficulties you are facing in order to seek a fair and just amount to compensate you. It is important to find the true and entire cost of being the victim of an injury.
Our litigation attorneys have spent countless hours in the courtroom. We have the trial experience to prepare your case for a judge and jury. While many cases settle before reaching trial, getting a fair settlement may depend upon being willing and able to push your case to the farthest limits. We have the resources and the dedication to fight for your best interests.
Contact us today to schedule a free initial consultation. If we do not recover money for you, we do not collect attorney’s fees. If you have further questions, see our motor vehicle accidents center.
Defective Product Attorneys and Personal Injury Lawyers
Our attorneys have handled many types of personal injury cases. We have the resources and the trial experience to manage even the most complex personal injury lawsuits. We handle everything from on site investigation to independent medical examination to make sure that our clients get the compensation they deserve.
Our practice covers a broad range of situations, including workers’ compensation, car accidents, truck accidents, products’ liability, slip and falls, serious injury, and other personal injury matters. If you have lost a loved one to the negligent conduct of another, we can help you recover damages for wrongful death. We understand what it takes to prepare an aggressive and professional personal injury lawsuit.
If you are an attorney in need of a personal injury law firm for your clients, we handle referrals for many lawyers who cannot, or do not wish to handle serious personal injury cases. We often work with our own economist to develop a clear picture of lost ages, and other financial effects of a personal injury. We work with doctors, nurses, rehabilitation experts, life care planners, and other expert witnesses to get independent medical exams and accurate information concerning the nature and extent of an injury. We work tirelessly to obtain the appropriate relief for every one of our clients.
We provide the thorough investigation and preparation required to take any case to a judge and jury. We zealously safeguard our clients’ best interests. If we cannot get a fair settlement, we are not afraid to present a case at trial.
Contact us today to make an appointment with one of our experienced and aggressive defective product attorneys and personal injury lawyers.
Experienced Truck Accident Attorneys
A semi-trailer truck accident can cause extensive damage to people and property. Semi trucks and the people who operate them are subject to specific guidelines that are intended to foster safety. At our firm, we help people who have been injured in accidents involving tractor-trailers.
Our truck accident lawyers move quickly to get the right accident reconstruction people on site, as needed, before important evidence is lost. Trucking companies often have their own teams on site and it is important to make sure that someone is there to safeguard your interests. Having your own investigators and representatives helps to ensure that you will have clean evidence and a fair trial to present your case.
There are specific rules that apply to any driver of a semi. Tractor trailer accident attorneys should be familiar with these regulations and capable of gathering the evidence pertaining to proper operation of these big rigs. The Department of Transportation limits how many hours a truck driver may work over a given time period. These regulations are meant to prevent accidents based on driver fatigue. Trucking companies themselves may be liable for damages based on negligent hiring in cases involving substance abuse or other impairment.
Whatever the source of the negligence, our truck accident attorneys aggressively represent our clients’ best interests. We take the time to develop a clear understanding of your situation to make sure that we are seeking the full compensation you are entitled to. In cases of wrongful death, we help our clients move forward after the loss of a loved one.
Contact us today to schedule your free initial consultation.
Slip and Fall Accident Attorneys
If you have been injured due to an unsafe condition on someone else’s property, you may be entitled to compensation for your harm. At our firm, our lawyers represent people who have been injured in slip and fall accidents. Premises liability is meant to safeguard people against dangerous conditions that could have been avoided if the responsible person had taken reasonable precautions.
Our personal injury practice centers on providing high quality, aggressive representation to people who have been harmed by negligent conduct. Our lawyers have extensive trial experience and we are not afraid to fight for your best interests. It is important to get a clear picture of the nature and development of the injuries you have suffered. A quick settlement may fail to account for future hospital stays, rehabilitation, or long term health problems that may result from an injury.
Slip and fall accidents may occur on icy or uneven sidewalks, dangerously maintained stairways, slippery floors, or in places where merchandise has been stored in an unsafe manner. If the property owner has invited you onto the property, as in the case of grocery stores, landlords renting out property, or other retail locations, the owners must take certain steps to protect you from harm. The duty is even greater in high traffic areas where the owners should know that an unsafe condition, such as a spill, is likely to cause an accident if not quickly rectified.
Contact us today to schedule your free initial consultation with an experienced slip and fall accident attorney.
Spinal Cord Injury and Serious Accident Attorneys
A serious injury will often have medical repercussions for the life of the victim. At our firm, our personal injury attorneys have substantial experience assisting clients who have suffered a serious injury accident to get the compensation they deserve. In these difficult situations, it is important to have an aggressive and knowledgeable lawyer watching out for your best interests.
Serious injuries can result from car accidents, truck accidents, defective products, slip and falls, and other personal injury matters. If you have lost a loved one in an accident caused by negligent conduct, we can help you recover damages for wrongful death. Whatever the source of the injury, we will help you fight for what you are entitled to.
Whether you need a brain injury attorney, a burn injury lawyer, or a representative familiar with closed head injuries and paralysis, we can help you assess your legal situation and figure out how to proceed. We have helped quadriplegic victims, people facing multiple injuries and bone fractures, and countless others who have suffered catastrophic injuries in an accident. These situations require extensive preparation and effort to prepare for trial. We often work with doctors, nurses, rehabilitation experts, and other life care planners to get independent medical exams and truly understand what the cost of the injury will be.
Contact us today to schedule your free initial consultation with one of our spinal cord injury and serious accident attorneys.
How much will it cost?
There is no fee unless you win.
Why do I need an experienced lawyer in a personal injury case?
If you decide to seek monetary damages for your injuries an experienced lawyer can assist you with your claims while starting an immediate investigation of your case. If the negligent driver is insured by an insurance company, his insurance company may be immediately notified of the accident and will start a serious investigation into the causes of the accident. Insurance companies understand that time is of the essence and often start off with the upper hand by immediately sending investigators out to view the scene, make measurements, take pictures, and interview the witnesses. If you wait and ponder whether or not you want to hire an attorney to represent you on your case, the insurance company has most likely completed or is about to complete their investigation.
Why is it so important to act soon?
Once you have formally retained a personal injury attorney, the attorney will begin his own detailed investigation to discover and document evidence related to your claim. Your attorney will have the most productive investigation if it is carried out shortly after the accident occurs. Since you, the claimant, have the burden of proof in a civil injury case, it is crucial for your attorney to carry out the investigation immediately and before witnesses begin to forget what happened or important physical evidence is destroyed. There are important reasons why insurance companies may even send out investigators on the same day the accident occurs.
What can an expert attorney do that I probably wouldn’t be able to do?
Your attorney will investigate the facts of your case and will put your best case forward in an attempt to negotiate a fair and equitable settlement with the insurance companies involved. While you are treated for your injuries, your attorney will compile your certified treatment history and obtain certified copies of all medical bills and provide updates to the responsible insurance company as to the nature and extent of your injuries. After you have finished treatment for your injuries or have reached a healing plateau, your attorney will contact your treating doctors for reports regarding your treatment and for a description of the permanency of your injuries and for a description of your functional limitations, if any, and the estimated cost of future treatment or surgery. When your attorney has compiled all of the necessary evidence related to your claim, he will prepare a comprehensive demand for settlement and submit the demand to the responsible insurance company(s)
Is a lawsuit always initiated?
Once the responsible insurance company(s) receive your demand for a settlement, a claims adjuster will carefully review all of the evidence submitted relating to your injuries and their liability to pay money damages to you. Through the process of legal negotiations between your attorney and the claims adjuster, often a fair settlement can be reached without filing a lawsuit. If the claims adjuster disagrees as to the amount of damages that should be paid or does not believe that their insured is at fault, they may deny your claim. Once the insurance company denies your claim, you must initiate a lawsuit to recover your damages.
What is litigation?
When your claim has been denied or the insurance company has made you an inadequate final offer the case may enter into a litigation phase. A lawsuit will be filed on your behalf. Personal injury litigation is very complex and your attorney should be an experienced personal injury attorney. Your case may eventually be presented to a jury for a final determination of what damages you will receive.
What role do experts play?
One of the most important aspects of handling a personal injury case from an experienced trial attorney’s point of view, is in the strategic use of experts. The strategic use of medical and scientific experts by your attorney often determine the successful outcome of a personal injury case. Often, a personal injury litigator will make skillful use of a variety of experts including medical experts who can explain to a jury the nature of your injuries and give testimony as to whether or not your injuries are permanent and whether or not your treatment and medical bills incurred where reasonable and necessary to a reasonable degree of medical certainty.
How do experts help?
The medical expert can explain the significance of a permanent loss of an important bodily function and describe the significance and ramifications of permanent scarring and disfigurement. If you cannot work because of injuries, the attorney may hire a vocational expert who can calculate your future loss of income. Many times liability experts are employed to scientifically determine the cause of an accident. In serious accidents, an experienced personal injury attorney will employ an accident reconstructionist who is an engineer by training to scientifically reconstruct how the accident occurred. There are literally hundreds of different types of experts that may need to be utilized to prove the liability or damages portion of your injury case.
When does a case go to trial?
Your attorney may end up presenting your case to a jury. The personal injury litigator will use a variety of trial exhibits to educate a jury as to the nature and extent of your injuries and how they occurred. He will call many witnesses to describe what they saw at the time of the accident and expert witnesses to give opinions as to the cause of the accident and the cause of the nature of your injuries. The jury will be instructed by the trial judge as to the law and the jury will answer questions related to the cause of your accident and the amount of damages that should be awarded you.
Personal Injury Attorney
Our Law Center was founded in 1987, and over the years in practice has developed powerful resources and skill to bring to the table in all types of personal injury cases throughout the area. The legal team focuses exclusively on personal injury cases, and is recognized as an aggressive, hard-hitting and relentless group of attorneys who will fight on behalf of the injured victim. No matter how serious the injury, our legal team is prepared to fight forcefully for fair compensation for damages in injury cases.
During the years in practice, it has become evident to the legal team that individuals who do not have strong legal representation after an accident may receive a lower settlement, compensation amount or judgment than those that enlist the assistance of our legal team. Each case is thoroughly reviewed and analyzed in order to determine what claims should be made for the injured client; the case will then be initiated with the required documentation gathered and submitted on behalf of the injured or their families. Injured clients should not have to deal with insurance companies who consistently make efforts to reduce claim amounts or deny valid claims. The case will be prepared skillfully and thoroughly, and will be negotiated aggressively on behalf of the injured.
The legal team will address each case with the same dedication and relentless determination to get what is fair for the client, no matter whether the case is a soft-tissue injury or more serious injury case. Once the case is taken on, you can be assured that it will be given the time, attention and focus that it deserves. It is strongly advised that you contact the firm at once if you have been injured; in personal injury cases documentation must be carefully gathered and provided in the claim, and the longer you wait the more difficult it could be to negotiate your claim.
Never discuss your case with an insurance adjuster from the responsible party’s insurance company without legal representation from our attorneys to advise you. Avoiding the pitfalls that exist for those who proceed without a lawyer is vital; many have discovered that their valid injury claim will be denied and do not know how to proceed. They may accept a settlement that is ridiculously low, considering the damages suffered, but may accept it in frustration. Don’t make this mistake – contact the firm at once if you have been injured in an accident or through the recklessness or negligence of another party.
Have you been injured in a car accident? Now is the time to contact a lawyer.
Auto and car accidents are the number one cause of vehicle transportation injury throughout the nation. When one suffers an injury due to the dangerous driving habits of another, it is crucial that you immediately get legal representation from a car accident lawyer. With the assistance of a skilled personal injury lawyer from our firm, your claim can be initiated, taking into consideration all of the types of damages that you or your loved one has suffered in the accident. The legal team assists clients injured in all types of car accident cases.
Dangerous drivers pose a hazard for all the other drivers on the streets; texting, talking on cell phones, weaving in and out of traffic or just driving aggressively can result in serious injury accidents to innocent law abiding motorists sharing the streets. The injuries can be extremely serious, and in some cases are so catastrophic that the victim will require a lifetime of medical care. Other cases may be less severe, but no less important to the attorney from our firm. Even soft-tissue injuries such as whiplash can cause months of pain and distress, and the compensation or settlement sought must reflect the actual damages suffered by the victim.
Over the 27 years in practice, the legal team at our firm has gathered together strong resources to assist in the quest for fair treatment for the injured in car accident cases. Insurance companies are huge corporations; their focus is on profit. This can leave “the little guy” out in the cold when dealing with ongoing efforts to deny or reduce claims. Contact our firm to provide equally powerful and dedicated legal representation and never face these corporate giants on your own. Our legal team at the firm will aggressively fight for fair compensation in car accident cases.
Contact a car accident attorney today.
Truck Accident Lawyer
San Antonio is a densely populated area, requiring a constant stream of goods to be brought into the area in large trucks or big rigs. These huge vehicles, when loaded, can weigh up to 80,000 lbs., and there are hundreds of them on the freeways and streets at all times of day or night in the area. Those driving passenger vehicles are presented with the daily hazard of these huge vehicles sharing the road. The number of big rig accidents in the area on the increase, due to the shared usage of the streets and freeways. Some attempts have been made by lawmakers to increase the safety of regular drivers, but accidents happen, and when they do, the injuries can be extensive or even fatal. If you or a loved one has been involved in an accident with a big rig or other large truck, it is crucial that you contact a truck accident attorney at our law offices without delay.
Personal Injury Attorney for Truck Accident Claims
When a big rig on the freeway sways out of its lane, an innocent driver can suffer serious consequences. Truck drivers and big rig drivers often are exhausted and are trying to make their delivery on time. There are federal regulations regarding the amount of driving that is allowed without sleep, however, this does not deter certain drivers who are concentrating on making the maximum for every “run”. They have in some cases been found to be under the influence of drugs or alcohol, but even those who are not drunk, tired or drug intoxicated can be aggressive or inattentive in their driving habits. When a passenger vehicle then comes in contact, no matter how slight, with a large truck, the injuries can be life-threatening or in the worst cases, fatal.
In any big rig or truck accident, it is critical that you contact our law firm as soon after the accident as possible. As many of these accidents are multi-vehicle with many injured, the case can be complex and the insurance process confusing. Trucking companies are insured by commercial insurance companies, and these huge corporations are there to protect the truck driving firm – not the injured victims. You must have support for your legal claims, and in these cases, the injuries are often severe or catastrophic. In some cases the injuries are so extensive that the victim will never return to the healthy condition they enjoyed prior to the accident. Don’t take chances with truck accident cases, contact our firm immediately. Your future health and finances could depend upon the actions taken by the attorney fighting on your behalf.
Contact a truck accident lawyer from our firm today.
About Brain and Spine injuries
Brain and spine injuries are amongst the most devastating and long-lasting injuries. Head injuries can result in serious brain injury. In some cases it is difficult to know the full effect of the head injury initially, and some symptoms, even life-threatening effects, become evident after a short period of time. The extensive damage of a closed head injury should not be overlooked and must be brought to the attention of a medical doctor qualified to make such a diagnosis. A closed head injury may not be diagnosed immediately and it is possible that it can go untreated for a matter of months. Due to the complexity of brain injuries and the possible subtlety of symptoms, it may not be treated with the care commensurate to its severity.
Spine injuries can leave the person permanently disabled. It is important when dealing with brain and spine injuries that you and your family become informed of your legal options immediately by a qualified brain and spine injury lawyer. Avail yourself of the assistance you require to fully care for you and your family in this time of need.
Personal Injury Attorney
An accident is the most common source of brain and spine injuries. There are different types of accidents which may result in brain and spine injuries.
After a spine or brain injury, rehabilitative treatment may take years to reverse the damage in cases in which this is possible. In some cases the damage is so extensive that the victim of the brain or spine injury is required to receive medical care for a lifetime just in order to continue to survive. Insurance companies often try to offer settlements far less than should be expected in such cases. Speak with a lawyer at our law firm today, and discover what options are available to you. We have the skill and experience needed in all brain and spine injury cases and could greatly increase your chances of receiving a settlement that is fair considering the true damages.
Contact a brain and spine injury attorney from our firm today.
Personal Injury Lawyer
Many residents are interested in reducing their carbon footprint, and choose public transportation to get to and from work, school or other activities. Rarely is it considered that a serious accident will occur while a passenger on a bus or train. Unfortunately, as has been proven in the past, these accidents do happen and when they do, serious and life-threatening injuries are usually the result. When one is a passenger on a bus or train, or is driving in the vicinity of one of these large vehicles, there are certain hazards that are inherent in the situation. Buses are large and heavy, and the passengers are not required to wear seatbelts, and when an accident occurs, there are usually many injured. The individuals can fly around the cabin of the bus and suffer terrible head, spine and neck injuries, as well as soft tissue injuries and fractures. Internal injuries are not uncommon in such accidents. Any such incident requires the skill of a bus accident attorney at once.
Injured in a bus or train accident?
Those that share the streets and freeways with large vehicles are always at risk when driver error takes place. In train accidents, although the trains are run to some degree electronically, the engineer has certain responsibilities that if they fail to perform properly can result in deadly train crashes, either with other vehicles at crossings or other trains head on. Such disasters may fill our TV screen for days, but if you are an individual who was involved, you understand the terror and pain that is part of these devastating accidents. It is critical that you enlist the assistance of a personal injury lawyer from our law firm at once if you have been involved in such an accident while a passenger on public transportation.
There are less serious injuries that still require legal representation, such as slip and fall injuries while a passenger. When dealing with the insurance company that handles the liability coverage of the bus or train company, it is important that your attorney is experienced, aggressive and ready to fight on your behalf. As insurance companies are very concerned with reducing claims, if you proceed without strong legal representation you may receive a settlement that is far lower than one would expect after suffering a train or bus injury accident.
Contact a bus and train accident attorney from our firm today.
Motorcycle Accident Lawyer
The city is full of those who choose motorcycles as their main mode of transportation. The beautiful southern weather makes motorcycles perfect to use. Motorcyclists can easily get through traffic and have a low fuel bill to deal with. They are also great fun for those who love to take ride just for the fun of it. The unfortunate aspect that has become evident as the use of motorcycles increases is that there has also been an increase in the number of motorcycle accidents in the area. The rider is virtually unprotected, other than with a helmet and possibly some leather clothing, and when a motorcycle comes into contact with a car, the injuries are frequently life threatening. If you or a loved one has been injured in such an accident, it is critical that you contact a motorcycle accident lawyer at once.
Injured in a motorcycle accident?
The injuries that are suffered by the victims of these accidents are extremely serious, and sadly, often fatal. In cases in which the injured survive, they may have months, years or even a lifetime of needed medical care and treatment, such as in cases in which a spinal cord injury resulted in paralysis. In other cases, serious fractures to the arms, legs, elbows, knees and shoulders are the result. Serious head and brain injuries are not uncommon, and such injuries have varying degrees of recovery, depending upon the severity. Our legal team takes these accidents very seriously and is dedicated to assisting the injured and their families recover the compensation that is commensurate with the degree of injury and other damages.
With years of experience behind them, the legal team approaches each case with a full dedication to pursuing what is right for the client. There are many types of damages that victims suffer in these accidents, and each case must be fully evaluated in order to determine how to move forward with the claim. It is critical that you have legal representation from the firm in such a case, as many individuals have proceeded without an attorney and have received far less in a settlement than they would have had they been supported by an aggressive lawyer from the firm.
Contact a motorcycle accident attorney in our firm today.
Pedestrian Injury Attorney
The majority of pedestrian injuries are traffic-related. Children, however, are prone to non-traffic related injuries such as those occurring in driveways and parking lots. While pedestrian deaths are not as numerous as motor vehicle-related deaths, a large amount of the injuries suffered by children in pedestrian related injuries are extremely serious. In one year nearly 700 children died from pedestrian injuries. About twenty percent of all fatalities which are traffic related in children under the age of 14 are related to a pedestrian accident. Motor vehicles are everywhere, on freeways, streets and residential areas.
It could be said that it is practically an obligation that you own at least one car. With this increased chance of pedestrian accidents, parents and all pedestrians should be extremely alert to any hazard regarding traffic related accidents. If you or a loved one has been injured or killed in a pedestrian accident it is critical you contact a pedestrian injury lawyer to protect your rights and to aggressively pursue fair compensation.
About Pedestrian Accidents
There are certain circumstances are more common to pedestrian accidents such as driver negligence and error. It is a possibility that the driver may even have been intoxicated, either with drugs or alcohol, resulting in reduced awareness and poor judgment. The irresponsible driver of the vehicle must be forced to face the damage they have done through a claim for compensation for damages. Although no settlement can truly make up for the damages in many pedestrian accident cases, it is a type of justice. The settlement also provides the injured with the ability to get further newer medical treatments as they discovered in the future.
The brain and head are the most commonly injured in pedestrian accidents. This is unfortunate due to the complex and long term damage that is usually part of such injuries. No persons should have to endure the tragedy of a pedestrian injury, and when they have, get legal support. Discover your legal options from a qualified attorney at our law firm. We have over 27 years of experience and focus exclusively on personal injury cases.
Contact a pedestrian injury attorney immediately if you or a loved one has been the victim of a pedestrian accident.
Work Injury Lawyer
Thousands of people are injured every year on the job. Wrongful death cases occur due to lack of safety standards in the workplace. Workers’ compensation was designed so that when you are injured on the job you may not sue your employer in exchange for compensation to cover your costs of medical care. Those benefits can be much lower than what is needed to cover the victims medical and other costs. Where it is possible that someone other than your employer is at fault for your injuries, you may be able to receive compensation from that third party in order to cover the costs of loss of wages, medical bills, future medical care, pain and suffering, loss of consortium, and more. It is imperative to consult with a personal injury attorney well-versed in on the job injury cases, so that you can put the legal issues aside and focus on your health and recovery.
Workplace Injury Attorney Helping Injured Workers
Many types of workplace injuries can occur and when severe, may result in a disability such as quadriplegia or paraplegia or even the tragic death of a loved one. In such a case it is strongly advised for the family of the wrongful death victim to immediately speak with a lawyer from our law offices. You may not receive the proper compensation from workers’ compensation to actually cover the costs of living without your loved one, and an attorney from the firm may need to work with an investigator in order to ascertain whether or not the wrongful death was the fault of a defective piece of equipment or poor safety standards.
If you were recently injured on the job it is likely you are being overwhelmed by legal issues, and you may not even be aware of the types of claims for damages you may have the right to. We can thoroughly review your case and advise you how to move forward with a claim. If you have been injured on the job it is crucial that you get legal representation from an experienced lawyer at once. We fight relentlessly for clients who have been injured while on the job.
Contact a personal injury attorney from our firm today and consult with a lawyer about your case.
Slip, Trip and Fall Injury Lawyer
There are many dangerous circumstances that can lead to a slip and fall or trip and fall injury accident. Uneven sidewalks, potholes and slippery floors in commercial enterprises all can contribute to these dangerous accidents. If a property owner or manager or city manager has not maintained the walking surfaces for those in the area, serious and life-threatening injuries can result. The injuries can include fractures, head injuries, spinal injuries and even death. In less serious cases, one could suffer from serious soft-tissue injuries that create difficulty in living your normal life such as bruising, sprains and strains. Any such accident requires the assistance of a slip & fall injury attorney to assist in submitting your claim for compensation for damages.
After a Slip and Fall Accident – What You Can Do
Dealing with the injuries sustained in these accidents can be expensive and can take weeks, months or in the most serious cases, a lifetime of medical treatment. Getting fair compensation in such accidents can become difficult without the assistance of a skilled personal injury lawyer. Such cases require strong documentation when fighting for compensation for damages. In some cases of slip and fall injuries, the manager may quickly clean up the area or patch the hazardous area before the evidence is documented. This creates a problem for those who are now injured through the prior negligence. Our firm can provide the assistance to ensure that the documentation of the site is quickly photographed and other important aspects of any slip and fall or trip and fall case.
It is strongly advised that you contact the firm at once after a slip & fall or trip & fall injury accident. It is of utmost priority that you get immediate medical assistance, particularly when head and spine injuries have taken place. There have been cases in which the head injury caused internal bleeding and the situation became critical. After getting the medical attention needed, contact our law firm at once to initiate the claim for compensation for damages. Never accept a quickly offered settlement from any property owner or manager without first getting legal representation from the firm to review the details of your case and advise you how to move forward legally.
Contact a Slip & Fall/Trip & Fall Injury Lawyer today!
Whiplash is a soft tissue injury to the neck, which may also be referred to as neck sprain or neck strain. Symptoms which occur following damage to the neck, usually as a result of sudden extension and flexion, include injury to joints, discs, ligaments and nerve roots, causing pain in the neck, and head.
Whiplash compensation claims
Whiplash usually occurs after a car accident when one vehicle is hit from behind by another, and the sufferer may feel immediate pain or delayed pain, which will only surface after a few days. Other symptoms may include neck stiffness, injuries to the ligaments and muscles, headache, dizziness and shoulder or back pain. Some people may experience psychological conditions such as memory loss or irritability and sleep disturbances, leading to depression, but this is relatively uncommon.
A soft neck collar can help recovery from whiplash injury or your doctor may recommend some type of gentle exercise to help strengthen the neck muscles. More serious whiplash injury can cause damage to the spine and discs, although most symptoms are minor and clear up completely within a few weeks.
If you have suffered a whiplash injury that was caused by someone else, you should contact a personal injury lawyer, who will give you expert advice and help about claiming compensation for your injuries. If you have been involved in a rear-end hit accident, you could suffer pain and discomfort, when the ligaments and tendons are strained during impact.
Most damage is done to the soft neck tissue, causing pain and discomfort in the neck and head. You may also experience pain in the lower back.Any accident which causes the head to jolt violently backwards and forwards can result in whiplash, including sports accidents, car accidents, accidents at work or at home. Whiplash accidents can also occur at the fairground, or even at the gym. Whiplash needs to be treated quickly, so your doctor can see there is no serious damage, and refer you to a specialist if necessary. A no win, no fee lawyer will help you to claim compensation if the accident was not your fault.
Treatment for sufferers of whiplash may include pain medications, anti-inflammatory drugs, anti-depressants or muscle relaxants, and a range of exercises may also be recommended. Physical therapy may be prescribed for severe whiplash, and heat treatment may help relieve muscle tension. Whiplash prognosis for most individuals is good, and the neck and head clear within a few weeks. If you continue to have neck pain and headaches after 3 months, further examination may be necessary.
If you suffer ongoing pain and discomfort, you may require a CT scan or X-ray, which will show any more serious damage to your neck or spine. It is worth remembering that most whiplash compensation claims are successful following accidents that are caused by other people, and if the third party admits liability you may not even have to go to court to make a claim.
A personal injury lawyer will help you make a claim with a minimum of fuss or hassle, and most cases are settled out of court. Make sure you use a personal injury lawyer who works on a no win, no fee basis, and it won´t cost you a penny to claim compensation. The advantages of using a lawyer instead of a claims management company, is that they will deal directly with your claim and not pass it on to a third party, which should speed up the whole process.
Faster whiplash compensation claims that benefit you
Whiplash compensation claims need to be considered immediately after an accident. The delay in the proceedings will only make it harder for the claims settlement specialists to about their job. The policy holder should therefore actively seek the advice of experienced and reputable professionals to get the right benefits. Compensation that is awarded should be on par with the overall damage caused. It is therefore necessary to avail the services of reputable lawyers who can provide the right advice.
Whiplash resulting from the mistake of a third party will make the claimer eligible for compensation. But it is important to know about the right references and legalities that are involved in the process. A claims advisor is the best person to keep the insurance holder informed about different ways to make things happen.
Here are some complexities that may be resulted due to lack of awareness.
Intimating the authorities on time:
Intimating the authorities on time will help in bringing the right kind of rewards. The delay would only slow down the process and would give less scope for the claim advisors and lawyers to act on your behalf. Insurance company should receive the necessary documents in order to process the whiplash compensation benefits.
Medical records should be kept handy for future use. To process the claims in a short time, it is important to furnish medical proof of whiplash. Evidences like these can help insurance holders to get the benefits in less time.
The hospital management can provide the required support in terms of documentation of the necessary facts that can be helpful in claims settlement.
Taking the right help:
It is important to take the right kind of help if you are not aware of the legal proceedings that are required to get the benefits on time. Choosing the services of lawyer will help in availing the whiplash compensation on time.
The impact of the injury can only be minimized through the right compensation awarded to you, it is therefore important to understand the possible avenues that can increase the compensation benefits. Whiplash compensation claims provided by claims advisors can prove to be effective to a large extent.
Whiplash compensation benefits:
Whiplash compensation is awarded for insurance holders who have been injured owing to the negligence of a third party. The cost for treatment would therefore be covered under this compensation plan.
Choosing the right lawyer would result in innumerable benefits. Whiplash compensation is the legal right that insurance holders have against possible situations. In order to speed up the process, it is necessary to take the support of the established agencies that can work on your behalf to get you the best support. Whiplash compensation will reduce the impact of the loss with the equivalent compensation benefits that will be processed through the support of a reputable lawyer.