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.

What Are Some Common Types of Road Rage Accidents?

Road rage accidents can be particularly frightening. Because of the other driver's aggressive behavior, the victim often realizes they are in danger well before the accident. There are a number of ways that enraged drivers cause crashes, including:

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.

As a passionate public servant, Mr. Burress is heavily involved within his professional and local communities. He has several years of experience serving on organizations, such as the McKinney Economic Development Corporation (three years as Board Chairman), McKinney Community Development Corporation, and as Chairman of McKinney Chamber of Commerce's Government and Legislative Issues Committee. Mr. Burress holds membership with the Collin County Bar Association, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and American Bar Association.

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.

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.

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.

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.

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:

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:

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.

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.

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.

Car accidents can be emotionally and financially exhausting. A passenger or driver who is injured in a motor vehicle crash will likely face substantial medical bills and lost wages if he or she has to miss work. While many people may assume that the at-fault driver will be ordered to pay for the financial burden of the case, the responsibility typically falls on the driver's insurance company. However, a surprisingly large number of Texas drivers do not carry insurance, and car accident victims should be aware of their options for recovering damages under these circumstances.

After an Accident with An Uninsured Driver

After an accident, an adult vehicle occupant's first priority should be to assess any injuries and call the police. The driver should make sure that their vehicle is out of the way of danger and then take the proper care to exchange names, addresses, vehicle information, and phone numbers with the other driver. Additionally, the drivers should exchange insurance information. Drivers should keep their insurance information readily available and promptly notify their insurance company after a collision (but NEVER provide a recorded statement).

In the state of Texas, drivers are required to carry basic liability insurance coverage; however, 14.1% of Texas drivers are uninsured. Drivers who fail to insure their vehicles can be fined up to $1,000, face suspended driving privileges, and risk vehicle impoundment. Furthermore, if an uninsured driver causes an accident resulting in severe injuries or fatality, they may face up to a year in jail and a maximum fine of $4,000.

Commercial vehicle / big truck accidents affect individuals and families across the country every day and have been increasing significantly for the last decade. For Texas drivers, this is especially true. The Lone Star State consistently has more fatal commercial truck accidents than any other state. The majority of these crashes are caused by things such as driver fatigue and lack of driver training. Today, a severe driver shortage is forcing the industry employees to work strenuous hours across long distances. This creates dangerous driving conditions for both the truck drivers and surrounding drivers. Being involved in an accident with such a large vehicle can be exceedingly scary and exhausting, but a qualified Texas personal injury attorney can guide you through the process and fight for your compensation.

The first part of evaluating a claim is determining which party(s) was at fault. This is called liability. Liability is a crucial part of handling commercial vehicle / 18-wheeler accidents and can potentially include parties such as the truck driver, the trucking company, the cargo company, or the manufacturer. Often, the truck driver was at fault due to distractions or exhaustion. Typically, the legal theory “Respondeat Superior” holds the trucking company responsible for its driver's negligence. The trucking company can also be responsible for failure to properly hire, supervise or train its drivers. Additionally, the state of Texas follows the modified comparative fault. In these cases, if you are more than 50% responsible for the crash, you cannot receive any damages.

On June 16, 2021, Governor Abbott signed a new law regarding commercial liability cases for trucking companies. In essence, the law's purpose is to lessen the number of lawsuits against trucking companies in which the driver was not at fault. This new law requires two trial phases. Initially, the court would assess the incident solely under the standard of negligence. In the second phase, a more thorough look will be given to the legal issues that resulted from the incident.

Losing a loved one unexpectedly is overwhelming. The pain of accidental death is further increased when the death was due to someone else's negligence. If your loved one died due to injuries suffered as a result of another party's negligence, you should retain a qualified personal injury attorney. Every day, Burress Injury Law works tirelessly to represent the families of wrongful death victims to hold all responsible parties fully accountable for their negligence.

What Constitutes Wrongful Death in The State of Texas?

When a person's death is caused by another individual's negligent behavior (whether accidental or intentional), the victim's loved ones can file a wrongful death claim. Car and big truck accidents, other negligence-based incidents, or intentional acts (including crimes) are just some of the tragic events that can give rise to wrongful death claims.

There are several elements of a wrongful death claim. Another party's neglect, carelessness, or wrongful act must have resulted in an injury that caused an individual's death. Had the victim survived their injuries, he or she would have been able to pursue a personal injury claim to seek damages. However, since they are unable to do so, a loved one has the opportunity to proceed with a wrongful death case on their behalf.

Being in a motor vehicle accident can be threatening, both to your physical and financial health. When you are injured, you may not be able to work, causing you to lose out on your much-needed paycheck. In some cases, you may be able to work, but you may not be able to earn the same amount as you did before you were hurt. You may also find that your injuries are resulting in expensive medical bills and extensive procedures that could add up to hundreds of thousands of dollars. Being a victim of a crash or other incident can be financially stressful, but a qualified Texas car accident injury lawyer can help you obtain full compensation for all of the damages you have suffered. To do this, you and your attorney will begin to gather evidence from your accident to support your claim.

Evidence in a Motor Vehicle Accident Claim

When you begin to build your case, you will need evidence to support your claim. Some of the best evidence is gathered after the car accident on the scene, but other evidence can also show the extent of your injuries and losses. If you are looking to file a personal injury claim for damages from a car accident, you should gather information such as:

• Photos: One of the best types of evidence is photos because they can actually help others visualize the accident and what happened. If possible, have someone take photos of your vehicle after the accident, the scene of the accident, the location of the accident, damage to anything other than your vehicle, and of any injuries you suffered, especially progression photos of bruising, contusions and scars.
• Witness statements: Another piece of important evidence is witness statements. If there were eyewitnesses, speaking with them can help you gather information for your case. It always helps when an outside party can help corroborate your story. Texas allows you to record conversations with witnesses without their consent. Having these conversations recorded are extremely helpful.
• Police report: Once the investigating officer arrives on scene, he/she will then begin to take notes and document all important information in order to prepare a Texas Crash Report (commonly known as a police report). This report is helpful in the case because a non party with some level of accident investigation training and experience prepared it.
• Receipts or bills: To prove your losses, you should keep all receipts and billing statements that include information about costs related to your injuries. For example, any billing statements you receive from any medical treatment should be saved, along with receipts for any prescription medications and mileage traveled to/from medical providers.

Contact a McKinney, TX Car Accident Injury Attorney Today

If you have been injured in a car accident, the team at Burress Injury Law is here to help. Our skilled Collin County car accident injury lawyers can help you understand your options for obtaining full compensation as a victim of a car accident. To schedule a free consultation, call our office today at 214-726-0016.

When you get into a car accident, one of the first things you should do immediately afterward is inform the police of the accident. In some cases, it can even be required by law to call the police to the scene of an accident. According to Texas law, you are required to notify police as soon as possible if you are in an accident involving bodily harm or death to another person or if damage to a vehicle renders it unable to drive normally. Even though notifying the police is required by law, it can also benefit you greatly if you decide to pursue compensation from the other driver (and their insurance company).

Why is the Police Report So Important?

When you call the police after you have been in a car accident, they will usually come to the scene of the accident and conduct an accident investigation. Once the investigating officer has gathered all of the evidence, he/she will prepare a crash report (commonly known as a police report). The police report can be an invaluable piece of evidence when negotiating claims with your insurance company and when filing a personal injury claim. The police report serves as an official record of the incident and provides a non-party's objective perspective of the accident.

What Information is in the Police Report?

In addition, the police report can be a valuable cache of information pertaining to the crash. There are various pieces of information that police are required to document when preparing a police report. Elements that are included in a Texas police report include:

Motorcycle accidents are extremely dangerous. In the state of Texas in 2019, more than 1,800 individuals were seriously injured in a motorcycle accident. In the majority of these crashes, another driver's negligence is to blame for the wreck. However, many motorcyclists face prejudice when attempting to recover damages in an insurance claim or personal injury case. Motorcyclists are often unjustly perceived as dangerous drivers and this bias can make it more difficult to recover full compensation for the motorcycle rider's injuries.

Collecting Damages After the Accident

Motorcyclists are sometimes misperceived as reckless drivers. This bias persists in the courtroom and insurance agencies, making it challenging for a biker to recover full damages after a crash. Because of this obstacle, bikers must follow specific guidelines to give themselves the best advantage at restoring themselves mentally, physically and financially after the crash.

After most motorcycle wrecks, the motorcycle victim will be seriously injured and transported by EMS to the hospital. Mostly likely, the investigating officer will begin prepare the crash report (more commonly known as the police report) without the motorcyclist's version of events. When able, the motorcyclist can hopefully provide input to the officer to supplement the police report. Families of the motorcyclist can also help in this regard by contacting the police department at issue. When speaking with the investigating officer, always collect as much information as possible, including the other driver's name, phone number, and license plate number. Make sure you receive a copy of their insurance information as well.

Not too long ago, personal injury claims were structured much differently than they are now. Nearly all states used to practice what is known as “pure contributory negligence.” The rule of pure contributory negligence states that a person who is in any way at fault for their injury cannot recover damages from the responsible party. Even if the person seeking compensation was only minimally at fault for an accident, they used to be barred from being awarded damages for their injury. Most states — including Texas — have enacted some type of comparative negligence rule, allowing the claimant to recover compensation, even if they are found to be partially at fault.

Understanding Proportionate Responsibility

Rather than comparative negligence, the state of Texas uses the term “proportionate responsibility,” but they mean the same thing. Different states have different percentage amounts that a claimant can be liable for before they are barred from receiving compensation. In Texas, this is referred to as the “51 percent bar” because a claimant can still recover compensation from another person if they are 50 percent or less liable for the accident that caused their injuries.

Calculating Proportionate Responsibility Award Amounts

In cases that involve a claimant who is partially responsible for their accident, the jury is instructed to compare both parties' negligence and come up with whole number percentage amounts that assign liability to each party. Consider a situation, for example, in which two people get into a car accident and the jury determines that the claimant is 20 percent liable for the accident and the other party is 80 percent liable for the accident. After all of the evidence is presented, it is determined that the claimant suffered $500,000 in losses, including medical bills, lost wages, and other damages. The amount the claimant is entitled to collect would be reduced by 20 percent, leaving the other party only responsible for paying 80 percent, or $400,000.

Drunk driving affects the lives of millions of individuals each year. In 2019, there were over 24,000 alcohol-related collisions on Texas roadways. That works out to one drunk driving crash every 20 minutes. Drunk driving causes nearly one-third of all traffic fatalities in the Lone Star State. If your loved one died in a wreck caused by a drunk driver, you should know that you may be able to hold the driver accountable through a civil lawsuit.

Drunk Driving Wrongful Death Cases in Texas

Driving while intoxicated by alcohol is against the law in Texas. Consequently, the driver who caused your loved one's fatal accident may face significant criminal penalties. While criminal consequences can provide a sense of justice, jail time and other punitive measures do not provide restitution to the victim's surviving loved ones. A wrongful death lawsuit is a civil lawsuit brought by a deceased person's family member for a death caused by wrongdoing or negligence. A criminal conviction is not needed for a successful wrongful death claim.

Damages in a Texas Wrongful Death Lawsuit

Money could never make up for the loss of human life. Nevertheless, the unexpected death of a spouse, parent, or another close family member can represent a significant financial burden on the surviving loved ones. A wrongful death claim may allow you to recover compensation for the damages or losses that you suffered as a result of your family member's death.

Americans relied heavily on commercial truck drivers to transport goods long before the COVID-19 pandemic. However, the virus has triggered an unprecedented increase in the number of products being shipped on trucks. Whether ordering home goods from Amazon, mailing a birthday present through FedEx, or receiving an eBay purchase through UPS, most of us are using delivery services more than ever. Many people wonder if the increased number of trucks on the road has led to an increase in the number of truck crashes.

Data Shows That Fatal Auto Accidents Increased During 2020

According to the National Safety Council, traffic deaths increased significantly in 2020. Just over 42,000 individuals lost their lives in vehicle crashes last year. This increase marks the largest jump in traffic deaths since the NSC started keeping track of traffic fatality data almost 100 years ago. There is less data available regarding the frequency of large commercial vehicle / 18-wheeler wrecks in 2020. However, many experts estimate that commercial vehicle / 18-wheeler crashes have significantly increased concurrently with other types of auto wrecks.

Many Worry That FMCSA Hours of Service Modifications Will Increase Truck Crashes

We need truck drivers to transport vital medical supplies – including the COVID-19 vaccine. However, it is also essential that truck drivers avoid driving while too stressed or fatigued to drive safely. The Federal Motor Carrier Safety Administration (FMCSA) loosened the hours-of-service regulations in 2020 to accommodate increased demand. Additionally, drivers who provide essential items covered by the emergency relief exemption are not required to take a 30-minute break or follow other hours-of-service regulations. These modifications have been extended several times. While everyone agrees that transporting essential items quickly and efficiently is of primary importance, some worry that these measures may increase the risk of large commercial vehicle / 18-wheeler accidents.