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Recent Blog Posts
Who is Liable for Secondary Car Accident Injuries?
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.
Differences in Personal Injury Cases – Pre-suit vs Lawsuit
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.
Understanding the Value of Obtaining and Preserving Evidence in Your Commercial Truck Accident Case
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.
What if the Driver Who Hurt Me Was Breaking the Law?
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.
Understanding the Risks of Not Hiring a Personal Injury Attorney After Your Car Accident
Nobody gets behind the wheel of a car and expects to get into a car accident. Unfortunately, car accidents remain prevalent in our society for various reasons. After a car accident resulting in serious injuries, you will no doubt find the experience overwhelming. Doctors and other medical providers, including your own long time family doctor, will likely not see you because they do not want to become involved in a motor vehicle accident case. If you have health insurance, you will learn that your health insurance provider will attempt to shirk responsibility and have you deal with the auto insurance carrier, who will not consider a dime until all treatment is concluded and a demand is made. If the health insurance company will agree to pay for crash related medical treatment, it will insist on all payments made being returned to it via a legal concept called subrogation.
In a nutshell, finding qualified medical treatment alone is a nightmare. Moreover, you will have sophisticated adjusters calling to attempt to take recorded statements from you in order to create liability issues, lock you into a narrative and minimize your damages and create causation issues by discussing all of your prior medical history.
Exploring Your Legal Options After a Serious Motorcycle Accident Injury
Most people understand that riding motorcycles involve inherent risks, but they also believe that they are capable of safely operating their motorcycles. The problem for many motorcyclists is the negligence or gross negligence of other automobile drivers on the road. Unsafe driving from others can cause motorcycle accidents resulting in serious injuries and death to the motorcycle rider. Unfortunately, despite riding defensively, motorcyclists are often powerless to avoid certain collisions.
It is important for motorcyclists to understand their legal rights after a motorcycle crash. If you or a loved one were injured in a motorcycle crash, you may be entitled to recover financial compensation to address your medical bills, lost wages, pain, physical impairment, disfigurement, mental anguish, loss of enjoyment of life, and other damages.
Common Kinds of Motorcycle Accident Injuries
Monetary Damages for Injuries Caused in a Drunk Driving Accident
Far too many vehicle operators on Texas roads are routinely arrested for driving while intoxicated (DWI) offenses, and authorities all over the state are adamant about enforcing drunk driving laws. Fortunately, innocent victims who are injured in drunk driver crashes can bring a personal injury claim and recover compensation for their damages. If you or a loved one were hurt in an accident caused by an drunk or impaired driver, we invite you to contact the highest-rated injury law team in the area for a completely free, thorough case evaluation.
Seeking Compensation for Injuries and Property Damage
When a person files a personal injury claim against another party, they usually allege negligence, negligence per se and/or gross negligence against the at fault driver. When the responsible party is an intoxicated driver, all three are typically asserted. Per Texas law, Gross negligence means an act or omission:
Injury and Death Claims Involving Commercial Truck Crashes in Texas
The Texas Department of Transportation (TxDOT) reported that 38,149 commercial motor vehicle crashes were reported in our state in 2021, with 630 of those accidents resulting in the deaths of 705 people. Another 1,334 crashes involved 1,708 serious injuries.
When a person is involved in a collision involving a commercial motor vehicle, there will be immediate concerns about insurance companies because most commercial vehicles are heavily insured and well-defended. They want to pay as little as possible to resolve claims. Insurance companies aggressively try to settle these cases before crash victims have even had an opportunity to consult with a lawyer (these are called swoop and settle schemes). Therefore, it is important for injured victims to understand their rights after being hit by an 18-wheeler, dump truck, bus or other commercial vehicle.
Seeking Financial Compensation After a Large Truck Accident
When a person suffers injuries in any kind of accident involving a commercial motor vehicle, it is important to secure qualified personal injury legal representation as soon as possible. Risk managers and lawyers for the trucking company or commercial vehicle operator normally deploy “boots on the ground” by way of experts at the crash scene within hours of a truck wreck. Once you hire your legal team to represent you or your injured family member, a good personal injury commercial vehicle lawyer will conduct an independent investigation into your accident with crash reconstruction, biomechanic and kinematics experts. This is an important step to put you on an equal playing field to the trucking company.
Common Mistakes After a Motor Vehicle Accident
Traveling by car is a staple of our society. However, it is essential to remember that while car travel is relied upon by millions of Americans daily, using a vehicle is a privilege, not a right. Therefore, respecting the road and being a defensive drive around other drivers is essential. Unfortunately, car accidents are bound to occur with millions of drivers on the road daily.
Car accidents are scary events that bring with them a flood of different emotions. Fear, panic, anger, and sadness are all normal reactions to a car accident. Additionally, there are some common mistakes that victims make after a car accident of which we want you to be aware.
What Are the Most Common Mistakes Drivers Make After an Accident?
Many believe that if they drive carefully, they will never be involved in a car accident. This is false. Common mistakes people make after a car accident include the following:
- Leaving the scene of the accident – Leaving the scene of an accident is illegal in Texas. Do not leave the accident scene.
I Was Hit by a Reckless Motorist While Riding My Bicycle
If history has taught us anything, it is that severe injuries can befall us at any time. Since Texas has year-round sunshine, bike riding is an excellent activity for Texans. In addition, Texas has many hundreds of miles of bike trails, perfect for cyclists to enjoy the outdoors in relative safety. But what about in cities, where bike riders share the road with cars?
Unfortunately, Bicycle injuries are all too common. Even when wearing a helmet, cyclists have little defense against the size and speed of a car. As a result, bikers often face serious injuries when hit by a vehicle, ranging from minor injuries to catastrophic injuries to fatal injuries. You may be entitled to compensation if you have been struck by a car while riding your bike. Consult with an experienced attorney who can inform you of your rights and pursue the compensation to which you may be entitled.
Careless Driver Behaviors That Increase Chance of Cyclist Injuries
According to the CDC, there are over 130,000 bicyclists injured every year in the United States. After you hire an attorney, your attorney and the insurance company will evaluate the case and work to prove the other party is liable for the crashyou’re your injuries. A driver can be liable for negligently harming a cyclist in several ways including:
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From our offices in McKinney, Frisco, Paris, and Sherman, we serve clients throughout Collin County, Lamar County, Grayson County, and all of the state of Texas, including Plano, Murphy, Allen, Princeton, Prosper, Celina, Carrollton, Denton, Lewisville, Bonham, Dallas, and Denison.
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