Recent Blog Posts
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.
Collecting and Preserving Evidence in Your Texas Truck Accident Claim
Commercial truck accidents often cause devastating injuries and property damage. If you or a loved one were involved in a truck crash, you may understandably be looking for answers. You want to know who to blame and how to recover financial compensation for the financial losses you have suffered. Finding, obtaining, and preserving evidence is crucial for any successful truck accident claim.
Types of Evidence That May Be Valuable in Your Case
To bring a successful case against a trucking company or other at-fault party, your attorney will need to demonstrate that the at-fault party’s negligent or wrongful actions caused the crash. Your lawyer will also need to show the direct connection between your injuries and the damages you suffered, such as medical bills and lost income.
When Can I Sue for Wrongful Death in Texas?
When you have been injured because someone else was careless about your safety, you can file a personal injury lawsuit on your own behalf. But, what about when the victim passes away as a result of an accident? In Texas, if your parent, child, or spouse lost their life in an accident that some other party should have prevented, you may be able to file what is called a wrongful death suit on their behalf. The party who caused the fatal accident should not be excused from liability just because their victim is no longer here to file a lawsuit themselves, so the right to recover compensation passes to their closest remaining family members.
If you have lost a parent, spouse, or child due to any type of negligence, speaking to a qualified attorney may be the first step towards holding the negligent party accountable in civil court.
What Types of Negligence Can Lead to a Wrongful Death Claim?
While nothing can replace the family member you lost, recovering compensation can help keep your family financially secure after your loss. Wrongful death applies to a variety of different situations - there is almost no limit as to the type of accidents these suits can be based on, so long as they were caused by the defendant’s carelessness. Situations that may give rise to a wrongful death action for qualifying relatives include:
Recovering After An Accident Caused By Road Rage
Most people have experienced some level of anger behind the wheel. Things like getting cut off by a driver, driving behind someone who drives far below the speed limit ,or nearly getting run off the road because another driver refuses to allow you to merge onto the highway can be very frustrating. The majority of drivers, however, are able to manage these situations without causing an accident. Endangering others by causing a crash is not a justified response to these circumstances. If you were injured by an act of road rage you may be able to pursue damages.
This type of injury claim may look a bit different from a standard car accident claim arising from simple carelessness. You will need to file a police report, and then find an aggressive attorney who can help you pursue every bit of compensation you deserve.
Can I Recover Compensation After a Single-Car Accident?
When more than one car is involved in a crash, it is often fairly clear who is liable to who. One driver ran a red light, or decided to send a text message, and crashed into another driver who was driving responsibly. The careless or law-breaking driver is liable to the driver who got hit. In a single-car accident, recovering compensation can be a bit trickier because first, you will have to prove that someone else was responsible. This does not mean you cannot recover after getting into a single-car accident. There are other parties who may potentially be liable depending on the circumstances. Proving that another party is liable for your injuries when no one else actually crashed may be difficult, but it can be done.
If you got hurt in a car accident where yours was the only vehicle that crashed, you will need a skilled attorney to evaluate your case and determine whether you can pursue compensation from a third party.
Legal Options After a Truck Accident Caused by Texting and Driving
Smartphones have revolutionized our day-to-day lives. We use our phones for communication, social media, surfing the web, and much more. Unfortunately, some people use their phones when they should be concentrating on driving.
Operating a large commercial truck takes extreme focus and attention. Truck drivers who are texting and driving can cause commercial truck accidents in which others are hurt or killed.
Truck Driver Texting and Driving Laws
Semi-trucks can weigh as much as 80,000 pounds, and the damage caused in a semi-truck collision is often catastrophic. Texting and driving or other smartphone use behind the wheel significantly increases the risk of accidents. Because of these risks, the Federal Motor Carrier Safety Administration prohibits the use of hand-held cell phones behind the wheel of a commercial truck or bus. However, not all truck drivers comply with this important rule.