Every year, thousands of people in Texas suffer from traumatic brain injuries (TBIs). These injuries can have severe and lasting effects on a person's health and quality of life. Understanding the long-term impact of TBIs is crucial for people who have suffered these injuries and their loved ones. This can ensure that they will receive the proper care and treatment throughout the rest of their lifetimes. When brain injuries are caused by the actions or negligence of others, victims will need to understand their options for receiving financial compensation through personal injury claims or lawsuits. They can do so with the help of an attorney who has experience in these types of cases and who has a record of success in recovering substantial compensation for injury victims.

What Is a Traumatic Brain Injury?

TBIs occur when a person experiences damage to their brain as a result of an external force. This force can be caused by various incidents, such as car accidents, falls, sports-related injuries, or assaults. The severity of TBIs can range from mild concussions to more severe forms of harm involving significant damage to brain tissue. Moderate or severe brain injuries can have significant, long-term effects that may persist for the rest of a person’s lifetime.

The Immediate Impact of Traumatic Brain Injuries

When someone experiences a TBI, they may undergo immediate symptoms such as loss of consciousness, confusion, dizziness, nausea, fatigue, or headaches. While some people who receive appropriate treatment and rest may recover fully from these initial symptoms within days or weeks following the injury, others may experience persistent symptoms that can last for months or even years. 

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:

• Distracted driving: One of the most dangerous issues affecting people on the road today is the failure of drivers to fully pay attention to driving. Although phones are one of the primary distractions that currently affect drivers, other activities, such as eating, grooming, and using a GPS, can also take a driver’s attention away from the road. When driving, people should always keep their eyes on the road and their hands on the steering wheel, and they should remain focused on driving safely. Even if there is a momentary distraction, a few seconds of inattention can have deadly consequences.

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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:

• 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.

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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. 

The Value of Spinal Cord Injury Cases

What makes spinal cord injuries unique is that the resulting settlements for such cases can often be quite large due to the severity of the damage and the expenses involved. For most families, the cost of sustained medical care needed for a spinal cord injury is too much to afford, which is why aggressive representation after suffering such an injury is essential since you will want to receive the most compensation available to you. 

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.

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.

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. 

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: 

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:

• 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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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. 

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.

A driver can be negligent in various ways when operating a motor vehicle. For example, if a driver texts while driving, is under the influence of drugs or alcohol, or is speeding, these are examples of driving negligently. When operating a vehicle, drivers must pay attention to not only vehicles around them, but also to pedestrians walking along or crossing roads. If you were a pedestrian who was injured by a negligent driver, seeking a qualified personal injury attorney is the first step you should take in order to be made whole for your injuries and other damages.  

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.

Evidence that may be useful in your case includes but is not limited to:

 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:

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.

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. 

Who Could Potentially be Liable for a Single-Car Crash?

The answer to this question is very fact-specific. It depends entirely on the circumstances and the specific cause of your accident. Parties who could potentially be liable to you may include: 

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.

As if being injured in a car accident is not bad enough, the aftermath of the initial crash can be just as dangerous. While people are attempting to exit their damaged vehicles, summon help, and assess the damage, there is a substantial risk of a second accident occurring. Often, the very same conditions–such as lack of visibility–that contributed to the initial crash also contribute to the ongoing danger. 

If you get into an accident, it is important that you take steps to minimize the danger, such as moving away from the roadway and activating your emergency flashers if they are still operational. Call an attorney once the immediate danger has passed and it is safe to do so, but do be mindful that it is important not to wait too long. Important evidence can quickly be covered up, especially during winter storms. 

How Do Secondary Accidents Happen?

One of the biggest dangers after a car accident is the risk of being hit by a car after you have made it out of your vehicle. Car crashes tend to happen in places and at times when visibility is poor. Inclement weather that makes it difficult to see other cars on the road will also make it difficult to see people walking around by the side of the road. Sharp turns where accidents are common may also make it difficult for other drivers to even see that there has been an accident until they are quite close to it. 

If you have been the victim of a personal injury incident or accident due to the fault of another, the best advice is to retain an experienced personal injury counsel to protect your interests while you focus on the healing process.  A qualified legal team such as Burress Injury Law will help you understand the claim process, maximize the value of your case, and quite possibly keep you out of unnecessary litigation. 

You may wonder whether your legal team will need to file a lawsuit. The Burress Injury Law team begins each relationship with new clients with a minimum two hour sign up  meeting with the actual attorneys (not some investigator or intake person). Here, our attorneys personally explain all of the common elements of a personal injury claim and transfer a lot of their knowledge to our clients so that they understand “best practices” to help their claims go smoothly.  

Then, the team at Burress Injury Law typically has our clients obtain all necessary medical treatment in the pre-suit phase (no lawsuit has been filed at this stage).  Thereafter, we communicate with our clients to understand all aspects of the damages and losses and prepare an extremely comprehensive demand. This letter minus the exhibits averages around 25 pages. With exhibits, it can be hundreds or even thousands of pages.  Our demand letter details how the defendant was liable (at fault) for the incident, and then highlights the client’s damages, which includes things like past and future medical expenses, loss of earnings, physical pain, mental anguish (pain and mental anguish are commonly but incorrectly referred to as pain & suffering), physical impairment, disfigurement, loss of enjoyment of life, loss of consortium and punitive damages. The Burress Injury Law demand process is tedious as we include all injuries, diagnosis codes and symptoms in every demand.  

Victims of commercial truck accidents may be entitled to financial compensation for their damages. However, building a successful claim against a truck company or other at-fault party is complex. The strength of the personal injury claim or lawsuit largely depends on the strength of the evidence supporting the claim. Gathering, preserving, and effectively utilizing compelling evidence is essential to success.

Using Evidence to Develop a Robust Truck Wreck Injury Claim

To recover financial compensation for medical bills, lost income, pain and suffering, and other damages caused by a truck wreck, several elements must be proven. First, the injured party must prove that the truck driver, truck company, or other at-fault party violated its duty of care by acting negligently. Speeding, texting while driving, failure to properly maintain the commercial vehicle, and negligent loading and securement of cargo are just some of the ways a truck driver or truck company may breach its duty of care.

Just some forms of evidence that the Burress Injury Law team typically acquires to prove negligence include:

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. 

An important requirement to demonstrate negligence per se is that the law broken must have been a law designed to promote public safety. Most rules of the road fall into this category. Speeding, drunk driving, ignoring stoplights, and texting while driving are all against the law because they are dangerous behaviors that can cause people to get hurt.