Recent Blog Posts
McKinney Personal Injury Lawyer Named Texas Elite Lawyer for Third Consecutive Year
Burress Injury Law, a Texas-based personal injury firm, is pleased to announce that founding attorney, Jason K. Burress, has been named an Elite Lawyer for the third year in a row. Lawyers listed on the Elite Lawyer directory demonstrate continuous dedication, diligence, and outstanding client support. Throughout his career, Mr. Burress has consistently exhibited his commitment to the practice of law by providing vigorous representation and compassionate service for his clients.
Mr. Burress has been named an Elite Lawyer since 2020. He is a highly accomplished attorney who has received numerous prestigious accolades since being admitted to the Texas State Bar in 2002. He has earned recognition as a Thomson Reuters/Texas Monthly Super Lawyer for the past five years, a D Magazine Best Lawyer five years in a row, and a multi-time Texas Rising Star and Best Lawyer in McKinney Magazine, Allen/McKinney Living Magazine, and the McKinney Courier Gazette. Mr. Burress carries the highest rating (AV) on Martindale Hubbell attorney peer review ratings and previously earned the 7th highest personal injury verdict in Texas.
McKinney Car Wreck Lawyer
Driving privileges come with a lot of rules to follow. You must keep working headlights on your vehicle. You must obey stop signs. You may not drive while you are intoxicated. There is a very good reason that so many laws exist to govern the way people can use the roads - it is to promote public safety. When a driver breaks a law that is designed to protect public safety, a legal concept called “negligence per se” comes into play. If you were hurt in a motor vehicle accident due to the illegal actions of another driver, an attorney may be able to help you recover compensation.
What Does “Negligence Per Se” Mean in Texas?
“Negligence” can be somewhat subjective at times. Reasonable people may disagree about whether a certain driving behavior truly reflects carelessness. However, the case can become much more objective when the at-fault driver was clearly breaking the law. It is often easier to prove that a driver violated a statute, such as by running a red light, than it is to prove that the driver was, say, distracted talking to their passenger.
3 Negligent Maintenance Mistakes Collin County Drivers Make
Part of the responsibility of driving is keeping your vehicle in a safe and roadworthy condition. State laws like the one requiring vehicles to have two functioning headlights exist to protect public safety. Other drivers knowingly put everyone around them in danger by putting off needed brake repairs. Some types of maintenance issues, if not addressed, will render the vehicle unsafe–if not illegal–to drive.
If you were hurt in a motor vehicle accident because another driver was irresponsible regarding the maintenance of their vehicle, you will want to speak to a personal injury attorney as soon as possible. The negligent driver is likely to begin making repairs promptly, and needed evidence of the vehicle's defective condition could be lost.
What Types of Dangerous Vehicle Conditions Lead to Accidents?
There are some types of vehicle maintenance that cannot be delayed once they are needed. Anything that interferes with the function of the vehicle or its driver's ability to control it must be fixed promptly to avoid an accident. Crashes can happen when drivers fail to maintain:
McKinney Car Accident Attorney
It can be difficult to tell who is responsible when a car malfunctions in some way, leading to an accident. Drivers are responsible for keeping their vehicles in a safe condition. However, even a driver who is careful about maintenance could have an accident if their mechanic made a mistake, or the manufacturer sent their mechanic a defective part. Determining and later proving liability in this type of accident can require significant professional crash reconstruction and investigation.
If you have been in a car accident that you suspect was caused by a mechanical failure of some kind, you will want to speak with a qualified automotive product defect attorney as soon as possible. Jason K. Burress served as trial counsel for General Motors and many other auto and component part manufacturers before dedicating his practice to helping personal injury victims. As Jason says, a prompt crash reconstruction/investigation (before evidence is altered or destroyed) is paramount to presenting a strong automotive product defect claim.
Proving That Distracted Driving Caused a Crash
You know the other driver had his eyes off the road before he crashed into you. It may have been very clear from your angle that the at-fault driver was texting when the accident happened. The trouble is proving it. Frequently, drivers who have just caused a car crash will deny that they were distracted, hoping to avoid a ticket or an assignment of fault in the police report. Distracted driving is both illegal and dangerous, so few will admit to it, especially when the police are there.
Fortunately, there are numerous ways a qualified attorney can go about helping you prove that distracted driving caused your crash. If you have been injured by a careless driver, the sooner you get in contact with a qualified injury lawyer, the better. Especially where distracted driving is a concern, evidence at the accident scene may be time sensitive in that it will deteriorate if not obtained quickly.
How Can I Prove the At-Fault Driver Was Distracted?
You say you saw the other driver rooting through her purse when the crash happened. The other driver lies and says she was not, or maybe even tries to flip the script and claim that you were the one not paying attention. Without further evidence, it may be impossible to establish that the other driver was acting carelessly. We can help you prove the other driver's distraction caused the crash by uncovering critical evidence such as:
What Are the Top Causes of Negligent Truck Accidents?
Commercial truck accidents can be devastating. 18-wheelers and similar heavy trucks have the potential to cause major accidents involving multiple vehicles and serious injuries. Smaller personal vehicles are defenseless against commercial trucks. Since these trucks have the potential to cause so much damage, truck drivers and trucking companies operating safely is incredibly important. When truckers are careless, people get hurt. If you or a loved one has been hurt in a commercial trucking accident, you should contact a qualified attorney immediately.
What Are the Most Common Causes of Negligent Trucking Accidents?
When proper safety procedures are followed, commercial trucks can operate safely. Numerous federal and state laws are in place to help prevent the negligent behaviors that lead to serious crashes. If a truck driver or trucking company is breaking a law that was put in place for safety reasons, this is called “negligence per se.” Should your case go to court, negligence per se is a simple way to establish negligence. Types of negligence that may cause serious 18-wheeler accidents include:
What if I was involved in a car accident scam and injured?
Being involved in any motor vehicle accident can be a stressful and upsetting experience. If you were injured because you were targeted by a car accident scam, the entire incident can be even more stressful. Proving that you were the victim and not the driver responsible can be challenging. You need an experienced attorney to investigate the accident and begin pursuing compensation for you. It is important to call a lawyer as soon as possible while the accident scene is fresh, as evidence can disappear quickly in these cases.
What is a Car Accident Scam?
If you have never heard of a car accident scam, you might be wondering how they work. This type of scam takes place when another driver or pedestrian deliberately causes a car accident or pedestrian accident and makes it look like you were at fault to win a payout. Common ways we see these scams play out include:
- Back-up Scam - In this version of the scam, the driver in front of you at a red light or stop sign throws his vehicle into reverse and abruptly backs into you. The scammer then claims that you rear-ended him. Being backed into with force can cause serious injury including back injuries, whiplash-related brain damage, or injuries caused by airbag deployment.
What damages are available after a Fatal Crash in Texas?
After the wrongful death of a loved one in a senseless auto crash, your entire family may be thrown into a long period of overwhelming grief and stress. The financial burden alone of losing a family member can be staggering. While no amount of financial compensation will fully heal your family, pursuing damages after a fatal accident can alleviate some of your financial burdens.
If you have lost a family member on which you relied, whether for financial or emotional needs, you should consult an experienced attorney. Insurance companies may make you an settlement offer, but when you total the medical expenses, funeral expenses, future lost earnings, inheritance, and other out-of-pocket expenses, not to mention non-economic damages such as mental anguish and loss of consortium, the insurance company's offer is virtually always insultingly low. It is always better to have a wrongful death and auto crash attorney protecting your interests while you and your family focus on grieving for your lost family member.
Who is Liable in a Multi-Vehicle Crash?
Car crashes that involve multiple vehicles (often called pile-ups) can be particularly frightening and may result in serious injuries. These accidents are fairly common in Texas, and in fact, a February 2021 pile-up in the Dallas-Fort Worth area involved a whopping 133 vehicles, for which our law firm led the litigation efforts. If you have been injured in a multi-vehicle crash, you may be confused about who is at fault. The answer to this question can be complicated. Sometimes it is clear who is responsible. Other times, it can take quite a bit of investigation to determine who is at fault. Your best bet is to promptly contact an experienced personal injury lawyer who can help you determine from whom you can recover damages
When is More Than One Driver Liable?
Any driver whose negligence contributed to the crash may be for injuries that happen as a result. In fact, multi-vehicle crashes are rarely the fault of just one driver. For example, if you were rear-ended because the vehicle behind you was rear-ended and pushed into your car, both drivers may be liable. Or, if two careless drivers strike each other before one loses control of their vehicle and strikes you, then both careless drivers could be responsible for the crash. Investigators will often try to determine the order in which individual collisions happened to determine which vehicle or vehicles were at fault. While the driver who “started it” may not be the only party at fault, they are oftentimes at least partially liable.
What Can I Do If I Was the Victim of a Hit-and-Run Car Crash?
If another driver caused a car crash you were involved in and fled the scene, you may be feeling frustrated and concerned about who will pay for the damage. If you were injured, you are naturally even more concerned. The good news is that Texas takes hit-and-run car crashes very seriously, and there are steps you can take to protect yourself and hopefully catch the driver who was responsible. It is important to contact a qualified personal injury attorney soon after the accident, so they can collect evidence and ensure you recover full damages for all of the harms you suffered from the other driver, or file a claim with your own insurance company.
Steps to Take After a Hit-and-Run Accident
If you are involved in a hit-and-run accident, you should first see if anyone is injured and get to safety. If your vehicle is still drivable, try to move it off the road to prevent another accident. Do not try to follow the driver who caused the crash—in Texas, every driver involved must stay at the scene of an accident.