legal 1/14/2020 24.) Auto, Train, ATV, Bicycle, Drunken 18 Wheeler Driver Accidents – gtg

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Railroad Accidents Tend to be Very Serious

Accidents between trains and passenger vehicles happen more often than most people might be aware of. But most railroad collision cases don’t happen as depicted in the media or Hollywood blockbusters with the train hitting the car as it tries to speed across the tracks; even if the damage represented is pretty close to the disasters that occur when a train and motor vehicle “get into an argument.”

The truth of the matter is that most collisions between cars and trains occur late at night, or when a car drives directly into the side of a speeding train as it rumbles down the tracks. Most railroad collisions occur as a result of faulty warning systems or a lack of ANY road/railroad warning systems altogether: where all you might see at an unlit crossing is a simple faded or rotting railroad crossing sign from the ’50s. If you think about it, for every “speeding motorist” train-related wreck story you hear, see or read in the media, you probably are told about improper or unsafe railroad crossings being at the heart of auto/train accidents very often. In such events, a railroad’s failure to adequately warn motorists of the risk posed by train crossings, or not doing everything they reasonably can to prevent them: like placing crossing gates, or devices that flash and make noise, can be found to be liable for injuries or the wrongful deaths of the victims in a train accident. Many times, the facts of such cases prove the plaintiff/the driver who drove into the side of the train is not liable.

But again, insurance companies will try and paint the railroads as the innocent victim and that you are at fault. The experienced Texas train accident injury attorneys of our Law Firm know how to investigate the real facts of the matter prove that our victims suffered their grave injuries as a result of defendant negligence in order to obtain fair compensation. Because rare is the time when any motorist walks away from a train wreck uninjured, with their property intact.

We use our intimate understanding of the specific laws in question surrounding your accident, coupled with state-of-the-art investigative techniques to devise a strategy that serves the specific needs of your actual case. This can typically deliver full and fair restitution for your injuries, medical bills, pain and suffering, and disability. If you or someone you love has been injured in an accident involving any type of vehicle anywhere in Texas, then call us today at 1(800) 862-1260 (toll-free).

We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every one of the questions you need in order to completely understand your injury case and how it is best-pursued.

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Off Road Accidents: Those Injured Victims Deal with the Same Prejudices as “Bikers”

Many Texans use all-terrain vehicles (ATVs) for a variety of purposes. They enjoy them for weekend recreation or trekking deep into the back state for hunting and fishing. ATV’s also serve as light work vehicles in areas where roads are scarce or don’t exist at all.

With the dangers inherent in riding an ATV, most people assume the drivers themselves are responsible for any accidents in which they get involved and don’t deserve to be compensated for the injuries they suffered. But most of the time, just like all those devil-may-care motorcyclists who are, by-popular-definition, responsible for their accidents as well, in many cases the same bias is also held against ATV riders. Time after time, this inaccurate assumption is exposed for what it is in an ATV accident injury case. In many instances, ATV accidents find their sources in faulty mechanics and poor design that lead to roll-over accidents through a defective product lawsuit against the manufacturer.

But other times, property owners are held responsible for creating the conditions, often without knowing, that led to the accident. ATV’s can often be unsafe vehicles even when the rider was driving safely. And sometimes other riders operate their vehicles unsafely or recklessly and cause accidents that produce injuries or even deaths to the innocent victims.

The popular sport of motocross also leads to injuries and deaths. Upon thorough investigation, many property owners were found to be liable, even if the participants were required to sign a “release from liability” document because negligence is never excused by a signed release. And what if you were witnessing one of these exciting events and were run over? A liability release is not a “get out of jail free” card for either the property owner or the producer of the event.

In all of these instances of off-road accidents, you need an experienced local accident injury lawyer to help you prove that you were driving safely (or not negligent) in any such accident and that it was some someone’s else’s negligence (either through willful or careless oversight) that caused your injuries and that you deserve just- compensation for your damages: such as medical bills, pain, suffering, disability, lost wages or wrongful death reimbursement for a lost beloved family member while off-road.

We use our intimate understanding of the specific laws in question surrounding your accident, coupled with state-of-the-art investigative techniques to devise a strategy that serves the specific needs of your actual case. This can typically deliver full and fair restitution for your injuries, medical bills, pain and suffering, and disability. If you or someone you love has been injured in an accident involving any type of vehicle anywhere in Texas, then call us today at 1(800) 862-1260 (toll-free).

We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every one of the questions you need in order to completely understand your injury case and how it is best-pursued.

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Bicycle Injuries and Civil Damage Cases can Become Needlessly Complicated by Defense Lawyers

It seems that our streets and city trails are literally exploding with bicycle riders. As gasoline continues to be more and more precious, “pedal power” has become a popular way for Texans to move around their communities more affordably. Several different studies the past few years show that the number of bicycles being used for general transportation, and recreation, purposes have increased anywhere from 100-500 percent since 2000. And many of these cyclists use the same roads used by motorists. Is it any wonder that the number of vehicle/bicycle accidents have experienced a similar percentage increase as well?

Aside from the fact that cyclists are not as easy to see on the road, many drivers have a hard time sharing our city streets with cyclists; who have just as much of a right to use the roads as motorists. Many drivers don’t even move out of the cyclist’s lane of traffic. We’ve seen so many instances when a car or truck “clipped” a cyclist, causing an accident. And when that happens, the only one who is injured is the poor cyclist. You’d be surprised how many bicycle accident cases we see just within a couple of miles of the “high bike traffic” area as on college campuses.

But in addition, cycle-on-cycle and cycle-on-jogger accidents are increasing along our hike and bike trails (and campus sidewalks) with much greater frequency. And most of them have their cause in someone’s negligence, even if it’s a simple case of one not paying attention for just a moment. There are a number of factors that can contribute to these apparently negligible “little accidents” that can still produce very stiff legal damages.

And again, like motorcyclists who are involved in accidents with motor vehicles, the bicyclist starts out with two strikes against him as well, because the insurance adjusters naturally assume that the cyclist is at fault; even though he or she is the one who was hit as they rode down the street. And sometimes when such mishaps occur on the bike trail, juries can sometimes think that everyone involved displayed equal negligence: even if that rarely turns out to be the truth. There’s a certain understandable logic to this. But the fact of the matter is simple. If you’ve suffered an injury due to someone’s negligence while riding your bike safely, you deserve the expertise of a knowledgeable Texas bike accident attorney if you expect to win damages for the injuries you suffered, regardless of how many wheels the vehicle that hit you has, or even how many legs.

We use our intimate understanding of the specific laws in question surrounding your accident, coupled with state-of-the-art investigative techniques to devise a strategy that serves the specific needs of your actual case. This can typically deliver full and fair restitution for your injuries, medical bills, pain and suffering, and disability. If you or someone you love has been injured in an accident involving any type of vehicle anywhere in Texas, then call us today for a free consultation at 1(800) 862-1260 (toll-free).

We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every one of the questions you need in order to completely understand your injury case and how it is best-pursued.

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Insurance Companies Use Your “Risky Behavior” as an Excuse Not to Pay for Your Damages

We’ve spoken of the “cultural popularity” when it comes to blaming those who operate “non-traditional” vehicles for any and all accidents they are involved in. That bias makes many feel that people who operate motorcycles, ATV’s and bicycles should automatically accept this “high risk” behavior as part of their lifestyle. And that preconception is warmly embraced by insurance companies as another excuse to not pay accident claims, which is the real business that insurance companies are in.

First, they take the perspective that such accidents are a nuisance, to begin with. Then they use adjusters to trick you into saying something that can be used against you later. They use delaying tactics in order to avoid paying what are clearly justifiable claims. We once even heard of an adjuster who said he “had more important cases to deal with.” Insurance companies traditionally offer woefully inadequate compensation packages in accidents that their actuaries say are “miscellaneous” accidents. But since you’re the one who is injured, how “miscellaneous” does that accident feel? That settlement offer doesn’t come close to paying your medical bills, pain and suffering, lost wages because you can’t return to work immediately or disability if you can’t return to work at all. And the insurance companies have very good attorneys they eagerly hide behind in their efforts to not pay your claim.

But just because they think they can treat you this way, doesn’t mean the insurance companies are right in doing so. But the only real way to defeat them is with an experienced local personal injury attorney who understands the subtle nuances of liability when it comes to these many types of mishaps under the general heading of “miscellaneous vehicle accidents.”

our Law Firm Will Fight for Your Injury Rights

If you expect to be compensated for injuries you sustained in an accident while driving any vehicle, be it a car, truck, motorcycle, ATV or bicycle, or been in an accident with a train at a railroad crossing, you need an experienced vehicle injury attorney who knows the legal aspects of all these vehicular civil injury cases, how to locate and present the right evidence that proves your injuries that were produced by someone else’s negligence. And keep the following fact in mind.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit, you must contact a competent lawyer.

Our Law Firm has been investigating all sorts of vehicle accidents. We have negotiated fair settlements with insurance companies and, if-necessary, dragged them to court (kicking and screaming) in order to win damage compensation for decades. We have won just and fair compensation for hundreds of vehicle accident injury clients against every major insurance company in the state. And since they know all about our reputation for success, they are that more likely to offer a fair settlement rather than risk a higher payment, in addition to the cost of a trial, once they see the very strong case we have built on your behalf.

We use our intimate understanding of the specific laws in question surrounding your accident, coupled with state-of-the-art investigative techniques to devise a strategy that serves the specific needs of your actual case. This can typically deliver full and fair restitution for your injuries, medical bills, pain and suffering, and disability. If you or someone you love has been injured in an accident involving any type of vehicle anywhere in Texas, then call us today for a free consultation at 1(800) 862-1260 (toll-free).

We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every one of the questions you need in order to completely understand your injury case and how it is best-pursued.

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Dram Shop Laws Hold Bars and Restaurants Liable for the DUI Wrecks They Help Cause

The Texas Dram Shop Act was rewritten in 2003. It holds businesses that serve alcoholic beverages to be just as liable for DUI accidents as their intoxicated patrons. The Act also created a clear series of guidelines by which these food and beverage businesses can deny service of alcohol to people who are apparently intoxicated. And now that they can legally cease serving drunk customers, this makes them liable for their actions if they continue to serve the intoxicated customer. Recent research has shown that well over 90 percent of all drunk driving accidents in Texas happens when a bar or restaurant continues to serve visibly intoxicated customers, who then become drunk drivers and cause accidents that lead to serious injuries and even deaths.

Before they were rewritten, the original dram shop laws were a little deterrent to these bars and restaurants. And because of that, their liquor flowed like water. In the “old days” society didn’t necessarily view drunks as harshly as does now. But over the years, greater public awareness of the problem inspired changes when it came to laying the blame for creating drunk drivers where it belongs. And the Dram Shop Act was amended to make businesses that serve liquor much more liable both criminally and in civil cases. There are two primary features to these strengthened Dram Shop Laws that now apply to your case.

The first one makes bars and restaurants more responsible for their customers’ level of intoxication. This stricter set of rules now holds bartenders and waitresses legally liable for the amount of alcohol their customers may consume. Food and beverage employees, which include managers and can also include busboys and even some kitchen staff are now required to receive formal instruction in how to identify their customers who are drunk, and the tactful ways in which they are to cease serving them alcohol. Since this new legal liability affects their livelihood, many restaurant and bar employees have acquired a new ability to more readily recognize their intoxicated customers. This, in turn, is generally helping make Texas roads safer than they were before the new dram shop laws were passed by the Legislature: but the job is still not finished.

This is because sometimes bars and restaurants that serve alcohol can still sometimes find that their commercial interests work at cross-purposes with Texas dram shop laws. This is because they make as much as 40 percent of their profits from the alcoholic beverages they serve to their customers because alcohol is a relatively low-cost/high-income source of revenue. So even if DUI-related accidents have seen a gradual decline in the past few years, too many of them still occur. Some bars and alcohol-serving restaurants find it difficult to follow the law when that proper behavior appears contrary to their financial interests. So in addition to the heightened awareness in recognizing drunk patrons, the second primary objective of the new dram shop laws is to clearly make these establishments much more liable for the drunk drivers they produce. This is so important in assuring that the victims of any drunk driving accident receive fair and adequate damage compensation for the recklessness of not only the drunk drivers but the people who are just as responsible for the driver’s intoxication: regardless of whether that drunk gets behind the wheel of a four-ton car or 50 ton fully-loaded 18 wheeler.

Did You Know?
Our lead attorney has been fighting for 18 wheeler accident victims` rights for decades. Call us to discuss your case. 1(800) 862-1260

Before the new Texas Dram Shop Act, the victims of drunk driving accidents had no legal recourse against anyone but the driver (or in this case, also the trucker’s employer in some cases). Today however, bars and other alcohol-serving establishments are held just as liable for damages caused by the drunk drivers they create. In some cases, even the passengers of a drunk driver have been able to successfully sue the establishments responsible for injuries arising from a DUI-related accident. And on occasion, drunk drivers who cause a wreck have turned around and sued the bar or restaurant that over-served them. But such success is not always assured unless there is an experienced Texas dram shop attorney to represent them.

If you or someone in your family is suffering as a victim of a big rig drunk driving accident, or if you have lost a cherished loved one due to such negligence, don’t leave money on the table that is rightfully yours. Contact our Texas drunk driving and 18 wheeler accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation. Our Law Firm can help you win the fullest and fairest compensation that you need to resume your life and give you justice, and the peace of mind, you deserve after a drunk driver, and the dram shop that over-served them, has injured you.

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our Law Firm Can Create Just the Right Strategy to Deliver Just Compensation

Our Law Firm only represents victims of drunk driving accident cases. We’ve always believed that those who serve alcohol are just as responsible for drunk driving accidents as the intoxicated driver: long before the law was changed. Since the new dram shop laws now hold bars and restaurants liable for these criminal offenses, some attorneys now exclusively defend establishments that serve liquor from their legal responsibilities in causing a drunk driving accident, because those businesses usually have more than enough money to pay them. The same holds true for trucking companies. Those who have the money can afford to fight you at every turn to keep from receiving the just compensation that is rightfully due to you and your family.

We also understand why fewer attorneys are willing to argue such complicated cases on behalf of plaintiffs, even if a wrongful death has occurred. But it is very difficult for many personal injury firms, and almost impossible for those who do not specialize in these types of cases to succeed against experienced lawyers who represent bar and restaurant dram shop law defendants and the companies who allowed their troubled drivers to continue doing their jobs when these companies knowingly allowed such reprehensible acts to take place. And it’s just as difficult for inexperienced lawyers to “do the deal” with an insurance company to get what you deserve without having to live through the ordeal of a civil trial.

We have faced almost every insurance company and their defense firms in the state. We have successfully resolved hundreds of drunk driving accident and 18 wheeler accident cases against these highly competent firms on behalf of our plaintiff-clients for decades. Our experience in scrupulously building the strongest accident liability cases possible is well known. And we fight for our clients’ right to receive the fair compensation they deserve for their injuries and all of the full value of the damages they have suffered. This means not allowing our clients to become victims of aggressive insurance companies and their defense lawyers, after being victimized by a drunk driver, a bar or restaurant who kicked-off this tragic series of events, or the trucking company that allowed it to happen.

If you or someone in your family is suffering as a victim of a big rig drunk driving accident, or if you have lost a cherished loved one due to such negligence, don’t leave money on the table that is rightfully yours. Contact our Texas drunk driving and 18 wheeler accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation. Our Law Firm can help you win the fullest and fairest compensation that you need to resume your life and give you justice, and the peace of mind, you deserve after a drunk driver, and the dram shop that over-served them, has injured you.

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