Recent Blog Posts
5 Traffic Violations That Commonly Lead to Car Accidents
Driving is something most people do every day. Because we spend so much time behind the wheel, it is easy to forget the dangers that can affect people on the road. Every year, thousands of people are injured or killed in car accidents, and many of these accidents occur because of traffic violations. If you have been the victim of an accident, and you believe that another driver was at fault because they violated traffic laws, an experienced attorney can help you determine your options for seeking compensation.
Dangerous Traffic Violations That Can Cause Injuries to Others
Because driving is a routine, daily activity, many people fail to take the proper steps to stay as safe as possible while behind the wheel. Traffic violations can range from simple acts of carelessness to aggression and risk-taking, and they can put others at risk of being seriously injured in an accident. Some of the most common violations that put people at risk include:
How to Show That Driver Fatigue Played a Role in a Truck Accident
Truck accidents can have devastating consequences. Due to their size and weight, trucks can cause significant property damage and severe injuries in collisions with smaller vehicles. One of the most common causes of truck accidents is driver fatigue, which occurs when truck drivers are overly tired or sleep-deprived. Truck accident victims will want to establish that driver fatigue played a role in a collision, and this can ensure that they will be able to hold the responsible parties accountable for the damages they have suffered.
The Importance of Proving Driver Fatigue
Showing that driver fatigue was a contributing factor in a truck accident is essential for several reasons:
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In personal injury cases arising from truck accidents, negligence must be proven. If it can be demonstrated that the driver was fatigued at the time of the accident, this will likely be considered a breach of the driver’s duty of care to protect the safety of others.
Pursuing Compensation After a Motorcycle Accident Leaves You Paralyzed
Imagine you are riding your motorcycle past Lavon Lake in picturesque Collin County when suddenly you are struck by an erratic vehicle traveling at a high rate of speed. You wake up in the emergency room and are informed you were involved in an accident where a distracted driver swerved through the center lane and struck you on your motorcycle. In addition, you are notified that you suffered a severe spinal cord injury, are paralyzed from the neck down, and will likely never walk again. In an instant, life as you knew it is irrevocably shattered, never to be the same again.
According to the American Association of Neurological Surgeons, about 17,000 new spinal cord injuries occur yearly. Spinal cord injuries are amongst the most severe nonfatal injuries that can be experienced. Like other types of catastrophic injuries, rehabilitation from a spinal cord injury can be a lifelong process. If you have been paralyzed due to the negligence of another, consider contacting an experienced attorney familiar with pursuing compensation for clients who have suffered spinal cord injuries.
How to Pursue a Wrongful Death Claim if Your Loved One Died in a Pedestrian Accident
Pedestrian accidents took the lives of over 5,000 people in Texas last year, representing a 15 percent increase compared to the prior year. It goes without saying that losing a loved one in such a sudden, brutal way is absolutely devastating to those left behind.
If your spouse, parent, child, sibling, or another loved one died in a pedestrian accident, you may be able to take legal action in the form of a wrongful death claim. Legal action cannot undo the tragedy, but it may help you and your family pursue justice and recover some much-needed financial stability. In this article, we'll discuss what a wrongful death claim is, how to file one in Texas, and what to expect in the process.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil claim filed by the loved ones of someone who died due to the negligence or wrongful act of another party. If you win your case, you may be awarded damages to cover things like funeral and burial expenses, lost income and benefits, and more. Texas law defines a wrongful death as a death caused by "the wrongful act, negligence, carelessness, unskillfulness, or default" of another person or entity.
How Do an Insurance Claim and a Lawsuit Differ?
If you have been in an accident, you may wonder whether you should file an insurance claim or a lawsuit. While both options are designed to help you recover financial compensation, there are some critical differences between the two. It is essential to understand these differences as you pursue compensation related to your injury. Understanding the differences will ensure you can make the right legal decision for your present situation. To ensure you understand your legal options, consult with a personal injury attorney, who can give you a full scope of your options at this time.
How Does Texas Handle Insurance Claims for Accidents?
Texas is an at fault state, meaning the driver at fault will be responsible for paying the damages. Usually this means that the driver's insurance provider will pay. To secure a settlement from the other driver's insurance company, you must prove the other driver was at fault to collect the settlement. This is where a car accident lawyer can be a valuable resource. Your lawyer can gather evidence that demonstrates the other driver’s liability. In cases where the at-fault driver has no car insurance, your insurance company will likely pay the damages incurred.
Can I Sue If a Driver Hit Me While I Was Riding My Bicycle?
Riding a bicycle can be an enjoyable and cost-effective way to travel throughout the Collin County area. Unfortunately, bicyclists are extremely vulnerable in the event of a collision. Traumatic brain injuries, broken bones, spine injuries, organ damage, and disfiguring tissue damage are just some of the injuries a bicyclist may experience.
If you or a loved one were struck by a car while riding a bike, it is important to understand your legal options. You may be able to hold the at-fault driver accountable and secure financial compensation through a personal injury claim.
Texas Personal Injury Claims for Bike Accidents
The first step in determining whether you can sue after a bicycle accident is to speak with an experienced attorney with experience in auto accidents involving bicycles. An experienced lawyer will be able to assess the facts of your case and determine the best course of action.
Top Reasons to Work with a Personal Injury Lawyer During Your Accident Claim
If you have been injured in a car, motorcycle, bicycle or pedestrian accident, or other injury-causing incident due to the fault of another, you may be considering pursuing a personal injury claim. Today, we will discuss the benefits of working with a personal injury lawyer to ensure your interests are fully protected.
Why You Should Consider Retaining an Attorney for Your Personal Injury Claim
Here are just a few reasons why trying to handle your own injury claim without a lawyer is a poor choice:
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As a lay person, you will not know how to accurate value your claim. Personal injury law claims are complex, and understand which damage elements apply to certain claims, not to mention their monetary value, is difficult. A qualified personal injury attorney not only has access to his or her firm’s own settlements and verdicts, but also many more verdicts and settlements occurring in the various counties. An experienced attorney can help you assess your damages and determine the case’s worth.
What Kinds of Damages May Be Available in Personal Injury Cases?
When someone is injured due to another party's negligence or gross negligence, they may recover compensation for their injuries and damages. In a personal injury case, damages refer to a variety of losses (far more than medical expenses) the injured party has incurred due to his or her injuries.
Damages That May Be Available
Many types of damages may be available in a personal injury case, including the following:
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Economic damages – These have a specific financial value, such as medical expenses, lost wages, and property damage (vehicle damage, cell phone, damaged items in your vehicle). Economic damages are intended to reimburse the injured party for the financial losses they have suffered due to the injuries.
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Non-economic damages – These damages are related to non-financial losses, like physical pain, mental anguish, disfigurement, physical impairment, loss of enjoyment of life, loss of consortium, and loss of services. These types of damages are designed to compensate the injured party for the injury's physical, emotional, and psychological impact.
Filing a Wrongful Death Lawsuit After a Pedestrian Accident in Texas
When someone is killed in an accident, their surviving family members are left to pick up the pieces and try to come to terms with the tragedy. Losing a loved one is horrible regardless of the circumstances. However, losing a loved one in a pedestrian accident is especially traumatic.
Wrongful death claims allow certain family members of a deceased victim to seek civil justice through monetary damages if someone proximately caused the loved one’s death. If your family member passed away in a pedestrian accident, you may be able to take legal action on their behalf.
Texas Wrongful Death Claims
Texas Civil Practices & Remedies Code § 71.002 establishes that a wrongful death occurs when an injury causes a person's death and the injury is the result of another person or entity's wrongful act, neglect, carelessness, unskillfulness, or failure to act. Wrongful death claims are completely separate from any criminal consequences an individual faces for causing a wrongful death. For example, a drunk driver who strikes a pedestrian in a crosswalk may face criminal charges for his or her actions. However, the surviving family’s ability to bring a wrongful death claim does not depend on any criminal charges being filed or the result of those charges.
Pursuing Compensation After a Pedestrian Accident in Texas
When you are on foot traveling as a pedestrian, you become the most vulnerable of all road users. As a result, pedestrian accidents can often have devastating consequences, including catastrophic injuries or even wrongful death. According to the Texas Department of Transportation, in 2021, 5,366 crashes involved pedestrians. Several things can cause a pedestrian accident, such as stormy weather conditions or poor road design. However, for this blog, we will be delving deeper into pedestrian accidents caused by driver negligence and the resulting pursuit by injured pedestrians to obtain just compensation for their injuries and damages related to the accident.