GES Injury Attorneys

What Are OSHA’s Top Safety Violations?

Thu, 17 Jun 2021 15:40:00 GMT

Every year, thousands of workers go to emergency rooms for occupational injuries and illnesses. Some of these workers will never recover. Although any workplace can be the setting of a worker accident, injuries and deaths are more common in hazardous work environments. One thing that can make a workplace more dangerous is OSHA safety standard violations.

What Is OSHA?

The Occupational Safety and Health Administration (OSHA) is a federal organization created in 1970 to ensure safe and healthy working conditions. OSHA creates and enforces safety standards that all industries, employers and workplaces must abide by. OSHA inspectors investigate hazardous work condition claims and check workplaces for broken safety standards. If an employer does violate an OSHA rule, and this leads to worker injury or death, this would allow the injured employee (or surviving family members) to file a lawsuit against the employer, in most cases.

Most Commonly Cited Safety Violations

Part of what OSHA does to improve the safety of the workplace for U.S. workers is to keep track of all occupational injuries and deaths, as well as OSHA standards violated. According to OSHA’s most recent worker fatality report , 5,333 workers lost their lives on the job in 2019. The deadliest industry was construction, accounting for about 20 percent of all worker fatalities. Statistics for 2019 listed the following 10 most commonly cited OSHA safety violations:

Many of these violated safety standards are found in construction, including scaffolding, ladder, industrial trucks and fall protection standards. If you were injured in a construction accident that could have been prevented by your employer or a coworker, you may have grounds to file an injury claim against the at-fault party for violating an OSHA safety standard. You could also have grounds for an injury claim against a different type of employer if the company or a manager violated an OSHA safety standard and this contributed to your accident.

What Are Your Rights After an OSHA Violation?

Violating an OSHA standard can lead to severe injuries, including broken bones, head injuries and spinal cord injuries. If you were injured due to a safety hazard at work, your rights will depend on whether your employer is to blame. If an investigation of your accident finds that your employer broke an OSHA rule, such as by failing to provide proper personal protective equipment or employee training, you may be able to file an injury lawsuit against your employer.

Note, however, that you cannot sue your employer if you have already accepted a workers’ compensation settlement in Texas. If your employer has workers’ comp insurance (this insurance is not mandatory in Texas), accepting these benefits means you agree to give up your right to file a lawsuit against your employer. You can, however, still bring a lawsuit against someone other than your employer, such as a contractor or product manufacturer. You also have the right to report the violation to OSHA without fear of punishment or retaliation.

It is important to speak to an attorney before accepting a workers’ compensation settlement if you believe a violated OSHA standard caused or contributed to your workplace accident. Your employer may be liable for your losses for failing to adhere to OSHA’s requirements. If so, a personal injury claim against your employer could result in greater financial compensation than workers’ comp. A lawyer can carefully evaluate your claim and review your legal options in detail with you and your family. Contact an attorney today for more information about your case.

The post What Are OSHA’s Top Safety Violations? appeared first on GES Injury Attorneys .

Texas Truck Accident FAQ

Tue, 15 Jun 2021 15:39:00 GMT

Getting into a truck accident can lead to many questions about your rights and legal options. You may wonder, for example, who is responsible for paying for your medical bills and property repairs. The best way to get answers and advice you can trust about a truck accident injury claim is by consulting with a truck accident attorney in Houston . In the meantime, however, you can get more information with these truck accident FAQs.

What Should I Do After a Truck Accident?

It is important to know what steps to take after an accident involving a commercial truck. There are things you should do and say to protect your legal rights. Take the following steps after a truck accident in Texas, if possible:

Always report a truck accident to the police, as it most likely caused serious injuries or property damage. Contacting the police can lead to an official report of the accident to serve as evidence during an insurance claim.

What Should I Say to an Insurance Company?

Soon after your truck accident, possibly even the day of, you will receive a phone call from the trucking company or its insurance carrier. It is important to remember during these conversations that the trucking company is not on your side. The trucking company and its insurance carrier will want to take advantage of you to save money.

Do not agree to give the insurance company a recorded statement and do not admit any fault for the collision. When asked questions about the accident, stick to the truth and keep your answers short. Before signing anything or accepting a settlement, consult with an attorney.

Who Is Responsible for a Truck Accident?

This answer depends on who or what caused your accident. Texas is a fault-based state, making it necessary to determine fault before you can file an insurance claim. A truck accident lawyer can help you determine fault with a comprehensive investigation of your accident. In most cases, trucking companies are liable for accidents that involve their trucks and drivers, even if the driver was an independent contractor.

How Much Is My Truck Accident Claim Worth?

The answer to this question depends on the extent and severity of your losses. For the most part, severe injuries will result in greater financial compensation than minor injuries, as you will have greater costs in medical expenses, lost wages, and pain and suffering. For this reason, most truck accident cases have significant settlement values, as the injuries victims suffer are often severe or catastrophic. You should not accept a settlement until you have spoken to an attorney about the value of your case.

Is There a Deadline to File a Truck Accident Claim?

Yes. In Texas, the deadline for filing a truck accident lawsuit is two years from the date of the accident, with some exceptions. This is the statute of limitations on most personal injury and automobile accident cases. If you miss your deadline, the courts will most likely refuse to award you financial compensation. This is why it is important to talk to a lawyer right away.

How Can a Truck Accident Lawyer Help Me?

Although the law does not require you to hire an attorney for a truck accident lawsuit, doing so can significantly help you and your family during the legal process. Your attorney can handle complicated steps for you, including returning to the scene to investigate your crash and going up against a powerful insurance company in pursuit of maximum compensation. To learn more about your truck accident claim, contact an attorney in Houston today.

Texas School Bus Laws

Thu, 10 Jun 2021 15:35:00 GMT

School buses carry precious cargo. Yet, all too often, drivers engage in dangerous and reckless practices around school buses that increase the risk of bus accidents. One of the most common mistakes is passing a stopped school bus. This puts children who are boarding or leaving the bus at risk of being struck by a car. Learn Texas’s school bus laws to find out when you can pass a bus and when you have to stop, as well as your rights if your child gets injured in a school bus accident.

When Can Drivers Pass a School Bus?

Passing a school bus illegally is an extremely dangerous maneuver that puts students at risk of being hit by a car. Unfortunately, many drivers are too impatient to wait behind a school bus while it is loading or unloading students, leading to illegal passing. Other drivers may not understand Texas law and may mistakenly believe that they have the right to pass the bus.

In Texas, it is against the law to pass a school bus – on either side – that is actively loading or unloading students. This is the law in all 50 states. In Texas, passing a school bus that is loading or unloading passengers can lead to a fine of up to $1,250. Drivers that are behind a school bus in Texas must wait for the school bus to finish unloading or loading students before passing the bus, and only pass when it is safe to do so.

When Must Drivers Stop?

All drivers in Texas must stop when a school bus turns on its flashing red lights or uses its stop sign. Drivers traveling on either side of the road must come to a complete stop. The only time a driver does not have to stop for a bus that is using its lights or stop sign is when the road is separated by a physical barrier, such as a median.

In this scenario, drivers traveling in the opposite direction do not have to stop for the school bus. Note, however, that a left turn lane is not enough to consider the road separated. When a driver is legally required to stop for a school bus, he or she cannot pass the bus until the bus has resumed driving or no longer has its flashing lights or stop sign activated.

What Are the Rules in School Zones?

A school zone is a place with an increased risk of child pedestrian collisions due to its location in front of or nearby a school. School zones are marked by lights that flash when the school zone is active (when children are entering or leaving the school), crosswalks, and crossing guards. School zones have reduced speed limits to help improve student safety. In Texas, the speed limit in a school zone is 20 miles per hour when the school zone is active. All drivers must reduce their speeds to meet this limit when the lights are flashing, or face a $200 fine.

Who Is Responsible for a School Bus Accident?

It is critical for drivers to obey all of Texas’s school bus laws. Failing to do so can lead to a catastrophic or fatal collision with a student who is getting on or off of a bus. If a driver in Texas breaks the law by failing to stop, passing a school bus or speeding in a school zone, that driver will be legally and financially responsible for a related collision. This means that driver’s auto insurance will be responsible for paying for the victim’s injuries, medical bills or funeral expenses.

If your child was recently injured in a school bus accident, discuss your personal injury or wrongful death case with a bus accident attorney in Houston . You may have grounds to bring a lawsuit against the driver, the school that owns the bus, the government or another party. An attorney will have the resources to investigate the bus accident and form a compelling case against the correct defendant(s) on your behalf.

The Three Types of Product Liability Suits

Tue, 08 Jun 2021 15:34:00 GMT

As a consumer, you may assume that the products you purchase are reasonably safe and will not cause you harm. Unfortunately, many manufacturing companies, distributors and retailers cut corners, violate federal safety laws and skip steps to save time or money, leading to dangerous products. If a company knowingly or carelessly fails to prevent a defective item from reaching consumers, the manufacturer may be legally responsible for related injuries through one of three types of product liability lawsuits.

Design Defect

A design defect is an issue with a product’s inherent design that makes it overly dangerous to consumers. A faulty design may have product details or specifications that ultimately lead to an item that presents hazards or risks. An example is a teapot that is designed using a material that is prone to cracking or breaking when hot. A teapot with this design defect could potentially crack with hot water inside of it, creating a reasonably foreseeable risk of consumer burn injuries.

To succeed with a product liability suit based on a defective design, you or your attorney must demonstrate that the product’s design is unreasonably dangerous. What is unreasonable depends on the circumstances. The courts typically assess these cases using the “consumer expectation test,” meaning it asks if the item failed to perform safely, as an ordinary customer would expect it to when used in the way that the manufacturer intended.

Manufacturing Defect

A manufacturing defect means that while the design of a product is reasonably safe, an error or mistake during the item’s production, assembly or manufacture led to a defect that made the product dangerous. During the construction of the item, workers or the factory might not have adhered to the correct specifications or safety protocols, leading to a defect that makes the item present an unreasonably high risk of foreseeable injuries.

An example is a piece of machinery that breaks off during production and falls into a batch of trail mix. In this case, all bags of trail mix impacted by the manufacturing issue would be defective, as they may contain dangerous pieces of metal. When there is a manufacturing defect, all products are typically not dangerous; instead, the defect will only impact the items that were affected by the manufacturing mistake.

Marketing Defect

A marketing defect describes an error in how the item was marketed, described or packaged. Manufacturers and distributors have a legal responsibility to package items in a way that will reduce the risk of consumer injuries. This includes clear and correct labeling, instructions and warnings. For example, a children’s toy manufacturer is obligated to include a suitable age range on toy packaging. Failing to do so could lead to an infant choking on small pieces and the manufacturing company being liable for injuries.

How to File a Product Liability Suit in Texas

If the product that injured you or a loved one contained one of these three types of defects, you will most likely have grounds for a strict product liability claim. This type of claim does not require you to prove that the manufacturing company was negligent or careless. Instead, your lawyer simply must prove that the item contained one of these three types of defects and that it injured you.

If you do not have grounds for a strict liability claim, you or your lawyer may have to prove negligence or a breach of warranty to recover compensation. Negligence is the failure to meet the accepted level of care, resulting in injuries to others. A breach of warranty is the failure to fulfill a promise given to customers, such as a guarantee that the item is safe.

For more information about your particular product liability lawsuit, contact a product liability attorney in Houston today.

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Grocery Store Falls

Thu, 03 Jun 2021 15:33:00 GMT

The average person spends a great deal of time over his or her lifetime in grocery stores. Unfortunately, grocery stores are not always safe for shoppers. For example, spilled food and drinks can lead to slippery surfaces that store employees may not clean up right away. Slip and fall accidents are relatively common in grocery stores. If you were injured in a grocery store fall, learn your rights with help from a Houston premises liability lawyer .

Why Do Grocery Store Falls Happen?

Grocery stores can have many slip, trip and fall accident risks. The sale of food and drinks can lead to related slip and fall hazards, as can boxes and pallets on the floor and careless employees. Some of the most common causes of grocery store falls include:

These are hazards that can often be prevented by the grocery store or its workers. If the owner of the property or manager of the store failed to take proper care in preventing your fall accident, you may have grounds to file an injury claim.

Common Injuries Suffered

A grocery store fall can lead to severe and life-changing injuries. Some of the most common are:

Some shoppers are more vulnerable to serious fall injuries than others, including elderly shoppers.

Who Is Liable for a Grocery Store Fall?

If you or a loved one suffered a serious injury in a grocery store fall in Texas, you may be eligible for financial compensation for your medical expenses, lost wages, pain and suffering, and more. You may have grounds for a premises liability claim against the owner or occupier of the property for failing to prevent your accident. Premises liability is an area of law that deals with the careless management of a property.

A premises liability claim consists of five main elements:

If the owner of the grocery store failed to inspect the property, repair hazards and warn shoppers of potential injury risks, the owner could be liable (financially responsible) for your fall accident. You or your lawyer must prove that the property owner or a grocery store employee knew or reasonably should have known about the hazard but failed to take reasonable steps to remedy it. If your lawyer can establish these facts as more likely to be true than not true, you can recover financial compensation for your fall.

When to Contact a Slip and Fall Accident Attorney

Bringing and proving a case against a grocery store in Houston for a fall accident can be difficult. The grocery store will have a powerful insurance corporation with years of experience combatting liability claims. It is wise to hire an attorney to represent you during your premises liability case for the best possible results.

An attorney will have the resources, experience and personnel to bring a strong claim to damages against any grocery store or big box store on your behalf. Your lawyer can negotiate for fair and full financial compensation for your losses while you focus on healing. Contact the attorneys at Gordon, Elias & Seely, LLP today for more information about a grocery store fall case.

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When Should You Seek a Second Medical Opinion?

Tue, 01 Jun 2021 15:31:00 GMT

Misdiagnoses happen more often than you might think. Although most patients trust that their doctors are using the appropriate standards of care in testing for and diagnosing illnesses, injuries and health conditions, thousands of diagnostic errors occur each year. Misdiagnosis is the most common type of medical malpractice. Obtaining a second medical opinion can help you increase your odds of a correct and accurate diagnosis and prevent medical malpractice.

If You Suspect Negligence

In medical malpractice law, a health practitioner or hospital is negligent if they fail to meet the accepted standards of care in the medical industry and this results in patient injury, harm or death. You may be able to notice signs of negligence at the doctor’s office where you were originally diagnosed, such as an unkempt property, overcrowded waiting room, machine malfunctions, an inexperienced radiologist, miscommunications, a rushed or surface-level checkup, or a lack of confidence in your diagnosis by your doctor.

If you noticed anything amiss during your original doctor’s appointment, it is a good idea to seek a second medical opinion with a different health care provider. The original doctor or other staff members at the first health care center may have made a mistake when coming to your diagnosis, such as misinterpreting test results or failing to properly evaluate you. Medical malpractice is more common at overcrowded, understaffed and low-rated health care centers in Houston.

When Recommended an Invasive Treatment Option

If your original doctor recommended an invasive treatment for your condition, you may wish to seek a second opinion before undergoing the procedure. Invasive surgeries and other treatments come with many risks and possible consequences that could affect you in the future. Before agreeing to an invasive procedure, ask another health care provider to confirm your diagnosis and list any other potential treatment options you may have.

If You Do Not Fully Understand Your Diagnosis

If you have questions or are confused about your diagnosis and your first doctor is not communicating well, seek a second medical opinion. Your first doctor might not have the time or bedside manner to explain your diagnosis further, or you may simply have different communication styles. Obtaining a second opinion can give you more detailed and in-depth information about your diagnosis and treatment options.

To Have Peace of Mind

Even if you return to your first doctor after seeking a second medical opinion from a different health care provider, the second opinion was not a waste of time or money. If the second opinion confirms the first, you can proceed with your treatment plan with confidence and peace of mind. You will not wonder if your first doctor made a mistake or is recommending the wrong treatment option for you. You will feel validated in your decisions – which is important when medical decisions will affect your life and future.

It Is Always Wise to Seek a Second Opinion

Regardless of your circumstances, it is always wise to seek a second medical opinion for a diagnosis. Doctors overlook things and make mistakes. Your odds of a misdiagnosis drastically decrease when you see more than one health care provider. Seeking a second opinion can come with important benefits.

A study by the Mayo Clinic found that as many as 88 percent of patients who sought second opinions went home with new or more detailed diagnoses – leading to different treatment plans. More than one-fifth (21 percent) of patients came away with distinctly different diagnoses. Only 12 percent of the patients who sought second medical opinions came away with the exact same diagnoses as their first doctors’ visits.

You always have the right to seek a second medical opinion. Doing so could help you avoid medical malpractice, confirm that a diagnosis is correct and accurate, and select the right treatment plan for your needs. A second medical opinion could have the power to save your life. If you believe you are the victim of medical malpractice in the form of a diagnostic error, contact a Houston personal injury attorney .

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How to Determine the Settlement of a Burn Injury Claim

Wed, 19 May 2021 18:46:00 GMT

Burns are some of the most painful injuries that can be suffered in an accident such as a car crash or workplace disaster. If you or a loved one sustained a burn injury due to someone else’s carelessness in Texas, you may be eligible for significant compensation. The value of your claim is something that will depend on a variety of factors. There is no average settlement amount. Discuss your case in detail with a burn injury attorney for more information.

The Severity of the Burns

One of the main factors impacting the settlement of a burn injury claim is the severity of the burn injuries. As a general rule, the more severe the injury, the higher the value of the claim. A severe burn injury, such as a third-degree burn, will require greater medical care than a minor burn injury, such as potential skin graft surgeries and rehabilitation. This will increase the value of the settlement, as the victim will be eligible for full compensation for his or her medical costs.

Whether There Is Permanent Scarring, Disfigurement or Disability

Burn injuries can easily cause permanent damage to the skin tissues. Second- and third-degree burns often cause permanent scarring or skin discoloration. In the most severe cases, a third-degree burn can cause permanent disfigurement and debilitation.

In these scenarios, the burn is classified as a catastrophic injury and the victim may be entitled to greater financial compensation. Catastrophic injuries not only require advanced medical care, but they can also increase the victim’s losses in terms of physical pain and suffering, emotional distress, and mental anguish.

The Cost of Your Present and Future Medical Care

The value of your medical care is a significant factor in calculating your burn injury settlement. Add up all of your bills and expenses related to hospitalization or health care, including time spent in the ICU, surgeries or procedures, treatments, and pain medications. Then, estimate your future necessary medical needs based on your prognosis and treatment plan.

Whether the Injury Removes You From Work

The next expense to consider is lost wages. If your burn injury or the related accident made you miss work, this will become part of your injury claim. Add up all of your missed wages from having to go to doctor’s appointments or undergo treatments. If your burn injury gave you a permanent disability that takes you out of work indefinitely, calculate future lost earning capacity into your settlement, as well.

The Impact on Your Mental and Emotional Wellbeing

Once you have added up all of your economic losses, focus on your noneconomic losses. These are the intangible effects of the burn injury, such as how it impacted your mental, emotional and psychological wellbeing. Calculating this type of loss can be difficult, as it does not rely on hard numbers.

How the Courts Calculate Pain and Suffering

In Texas, the courts calculate pain and suffering based on the specific facts of the case, at the jury’s discretion. The jury will listen to your story to find out how the burn injury has impacted your enjoyment of life. The jury may also hear testimony from medical and psychological experts to better understand how burn injuries typically affect survivors.

Then, the jury will calculate a pain and suffering award based on how significantly you were impacted. The jury may or may not use an equation to make this calculation, such as the multiplier method or per diem method. These methods use your recovery timeline, your income, your economic damages and other factors to calculate pain and suffering.

How an Attorney Can Help

An attorney can help you estimate the potential value of your burn injury settlement, as well as offer professional assistance fighting for maximum financial compensation. Your lawyer can help you gather evidence against the defendant, for example, or hire experts to help prove your noneconomic damages. Contact an attorney who specializes in burn injury law in Houston today for more information.

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Factors That Determine How Much to Expect From a Car Accident Settlement

Mon, 17 May 2021 18:45:00 GMT

A car accident can leave you with expensive medical costs and vehicle repairs. It is normal to be curious about how much your car accident settlement is worth, so that you and your family can start planning the future. This question is difficult to answer, however, as each case is unique. The best way to receive an accurate settlement evaluation is by consulting with a car accident lawyer in Houston .

Your Statements After the Car Accident

The things you say and do after your crash can either strengthen or weaken your insurance claim. It is critical not to admit fault for your crash, for example, as this could automatically bar you from recovery. It is also important not to say that you are fine until you have seen a doctor. Even if you feel uninjured, you could have a hidden injury or delayed symptoms.

Injury Severity

One of the main factors that impact settlement value in Texas is injury severity. A car accident settlement pays for the losses associated with the crash, such as medical costs and lost wages. As these costs increase with the severity of the injury, so does the value of the settlement. You can use evidence such as your medical records, letters from your doctor, an injury journal and medical expert testimony to help prove the extent of your injuries and how they’ve impacted you.

Permanent Injuries

In general, if you suffered a severe or catastrophic injury, your car accident settlement will be worth more than if you suffered a minor injury. Catastrophic injuries affect the victim for life, such as permanent brain damage from a traumatic brain injury or paralysis from a spinal cord injury. They can also describe permanent scarring, disfigurement or loss of a bodily function.

Car accident claims involving catastrophic injuries may result in payment not only for past and present medical expenses, but for future medical care as well, including follow-up treatments, surgeries, rehabilitation, therapy and medications.

Property Damage

The value of the property damage sustained in the car crash can also affect your settlement. Liability insurance typically pays for the full value of vehicle repairs or the pre-crash value of a totaled car. Your settlement may also include an amount to pay for a rental vehicle that is in the same class as the car you wrecked.

Income and Lost Earnings

If your car accident took you out of work, your income and the number of days you had to miss will impact your settlement. Again, these losses generally increase with the severity of the injury, as the victim will need to take more days off of work or may be unable to return to work indefinitely.

Comparative Negligence

Your own degree of fault, if any, can impact your car accident settlement. If an investigation finds that you contributed to the crash, this could reduce your settlement award. Texas is a modified comparative negligence state, meaning that you can still recover partial compensation as long as you are less than 50 percent at fault for the crash.

Number of Defendants

The number of defendants can impact your case, as this can increase the amount of insurance available to pay for your losses. If your lawyer can identify multiple defendants, such as the other driver and a vehicle manufacturer, this can increase your settlement by providing additional sources of financial recovery.

The Strength of Your Case

Finally, hiring an attorney can also impact the value of your car accident settlement, as an attorney will know how to strengthen your case. An attorney can help you gather evidence against the defendant(s), as well as prove your losses. Your lawyer can use proven legal strategies to negotiate a fair and full settlement value from an insurance provider on your behalf. If the insurance company is not offering enough, your lawyer can go to trial for maximum financial compensation instead.

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What to Do After an Accident With a Car That Is Parked Illegally

Wed, 12 May 2021 18:43:00 GMT

A car crash of any kind in Texas can lead to a complicated insurance process. If you hit a car that was parked illegally, however, determining fault and financial responsibility can be even more difficult. You may not think you are to blame since the vehicle legally should not have been parked where it was, but the vehicle owner’s insurance company may take a different stance.

Protect your rights by fulfilling certain required tasks after striking an unattended parked vehicle in Texas, as well as by hiring a car accident lawyer to represent you during an insurance claim.

Driver Requirements After a Car Accident in Texas

All drivers in Texas must carry out certain actions after being involved in car accidents. Leaving the scene of a crash without fulfilling these requirements may constitute the crime of hit-and-run. According to Texas Transportation Code Section 550.021 , anyone involved in a car accident involving personal injury, death or property damage must:

In an accident involving damage to an unattended vehicle, section 550.024 of the law states that a driver must locate the owner of the vehicle, if possible, and give the owner the driver’s name and address. Failing to fulfill these requirements is a misdemeanor that may turn into a felony if a victim suffered serious bodily injuries.

What If You Can’t Find the Owner of the Vehicle?

If you strike an unattended vehicle that is parked illegally, make a reasonable effort to locate the owner of the car. If you cannot find the owner of the car, you must leave a written note in a conspicuous place on the car or attached to the car in a plainly visible place. The note should have your name, address and the circumstances of the collision so that the driver can file an insurance claim later.

What to Do After Hitting an Illegally Parked Car

After colliding with an illegally parked vehicle in Houston, check yourself for injuries. If you are injured or the crash appears to have damaged either vehicle enough to make it unsafe to drive, report the wreck to the police.

While still at the scene of the crash, use your phone to take photographs. Take pictures of both damaged vehicles, as well as wide-angle shots of the scene as a whole, making sure to capture the fact that the driver was parked illegally. Take pictures of any signs or road markings that designate the spot as illegal to park in. Once you have fulfilled your driver responsibilities and been to a doctor for any injuries, contact a car accident lawyer for advice about the legal process.

Who Is at Fault for an Accident With an Illegally Parked Car?

Determining fault for a collision involving an illegally parked car may require a thorough investigation. In most cases, these car accident claims involve the legal doctrine of comparative negligence. Comparative negligence in Texas means that two or more parties can share fault for an accident.

You may be partially to blame for failing to notice the parked car, for example, while the other driver may share fault for parking illegally. In this scenario, an insurance company, judge or jury will carefully analyze the collision and most likely allocate a percentage of fault to both drivers. If you are found to be partially at fault for the car accident, this can reduce your financial recovery.

Texas is a modified comparative negligence state, meaning that as long as you are less than 50 percent to blame for the crash, you can still recover compensation. The courts will reduce your award by your degree of fault. With more than half of the fault allocated to you, however, you will be barred from recovery. A lawyer can help your case by collecting evidence against the illegally parked driver and working to reduce your fault.

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Documents Needed After a Texas Car Crash

Mon, 10 May 2021 18:42:00 GMT

It is important to gather certain information and documents after getting into a car accident in Texas. You will need evidence to support your case when filing an injury claim with an insurance company or the courts. Do your best to obtain these documents in the aftermath of a car crash or hire a car accident attorney in Houston to do so for you.

Information About the Other Driver

First, collect identifying information from the other driver. Write down the driver’s name, address, telephone number, license plate number, vehicle registration number and a description of the vehicle. Get the other driver’s insurance information, as well, and take a photograph of his or her driver’s license. Exchanging information with the other driver is a legal requirement after a car accident in Texas.

The Police Report

Call the police from the scene of your car accident and give the responding officer your version of events. Do not admit fault for the crash, however. Ask for your police report number before you leave for the hospital. Then, in a few days, call the police department in the county where your crash took place. Provide your name and police report number to request to have a copy of the police report mailed to you. This report will contain important information about the accident, such as its basic facts and the officer’s opinion about who caused the crash.

Medical Records

Always visit a hospital after a car accident in Texas. Once you have received an injury diagnosis and a treatment plan, request copies of all relevant medical records from the hospital. There may be a small fee you must pay for this service. Provide your own medical records to the insurance company rather than granting the company full access to your medical history. This can prevent the insurer from claiming that your injury came from a pre-existing condition.

Insurance Policy

Print out a copy of your own auto insurance policy for reference. Read through your policy carefully, including the fine print, to understand if and when your insurer will cover car accident costs. You can also request a copy of the other driver’s car insurance policy for reference by contacting his or her insurer and providing the policy number.

Photographs

Photographs and videos taken while still at the scene of your car accident in Texas can provide strong evidence. Photographs can document the scene before anyone has the chance to clean it up or change things. If you can, use your cell phone or a camera to take pictures of any damage to the vehicles, your injuries, the scene as a whole and important details, such as an obscured stop sign. Turn the date feature on for accurate documentation.

Signed Eyewitness Statements

If anyone witnessed the car accident, get their names and phone numbers for future use. If you can, ask witnesses for statements when you are still at the scene of the accident, while the details are still clear in their minds. Get them to sign written statements or record statements on your cell phone. The police can also help you document eyewitness information. In addition, a lawyer can help you contact eyewitnesses for statements later.

Proof of Your Losses

Finally, you will need proof of your losses. The insurance company receiving your claim will request documentation that supports the injuries and losses you are claiming. Documentation may come in the form of medical records, pay stubs, a letter from your doctor, a letter from your employer, a vehicle repair quote from a mechanic, and other bills and receipts.

How a Car Accident Lawyer Can Help

Once you have obtained copies of the necessary documents, put them in an organized case file and bring it to a car accident lawyer in Houston for review. A lawyer can help with every aspect of a car crash case, including obtaining copies of important documents and records. A lawyer also has the resources to gather other types of evidence, such as the other driver’s cell phone records, crash reconstruction diagrams and expert testimony for the strongest possible claim to financial damages.

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Discovery in Texas: Investigate and Prepare for Trial

Wed, 05 May 2021 18:40:00 GMT

The vast majority of personal injury cases in Texas are resolved through settlements and do not go to trial. In rare cases, however, an insurance company does not accept a claim or offer an adequate settlement amount, forcing the injured party to go to court. One of the first steps in preparation for a personal injury trial is the discovery phase. Learn what to expect from discovery in Texas to better prepare yourself.

What Is Discovery?

Discovery in Texas is a pretrial process that allows both parties to prepare for a trial. It is the swapping of vital information and evidence between the parties so that everyone is on the same page by the court date. There are several different types of discovery that may be used to obtain information, including:

A personal injury lawyer in Houston can explain each of these processes in more detail as they relate to your particular case. Note that you are required to comply with all discovery requests. If you try to refuse a request, you may receive a motion to compel, which will require you to act.

What Is a Deposition?

One of the key aspects of the discovery phase – and the process that is often the most daunting to plaintiffs – is the deposition. A deposition is essentially an interview where the attorney from the other side of the case will ask you questions and put your answers on the record. A deposition may be conducted in person, by telephone or in writing. It is your chance to tell your side of the story during an injury claim.

During a deposition, you will be sworn in, meaning you are legally obligated to tell the truth in your responses. You are allowed to have your lawyer attend the deposition with you to give you advice on what to say and what not to say. You can take as many breaks as you like and take your time in answering questions. If you do not know the answer to something, say so. A lawyer can help you prepare for a deposition so that it is less intimidating.

What Do You Have to Do During Discovery?

Texas state law requires a plaintiff to choose a discovery plan before a trial. There are three options, which you or your lawyer will choose from based on the specifics of your case:

The level you choose can determine matters such as when the discovery phase will begin and when depositions must be taken. If you hire a personal injury lawyer to represent you, your lawyer can handle accident investigation and the discovery phase on your behalf while you focus on healing from your injuries.

When to Contact a Personal Injury Attorney

If you believe your personal injury case will have to go to trial, contact an attorney in Houston right away. Having an attorney represent you during the discovery phase and an injury trial can be critical to the success of your case.

A lawyer can guide you through processes such as a medical examination, deposition and required disclosures while fully protecting your rights and pursuing your best interests. A lawyer can also work on negotiating a settlement during the discovery phase, as a settlement at any stage before the trial can resolve your case. Most importantly, you can enjoy greater peace of mind to focus on your recovery with a lawyer handling complicated litigation on your behalf.

The post Discovery in Texas: Investigate and Prepare for Trial appeared first on GES Injury Attorneys .

What If I Experienced Delayed Symptoms After an Accident?

Mon, 03 May 2021 18:36:00 GMT

Many accidents cause injuries with immediate pain or immobility, such as bone fractures or lacerations. What many victims do not realize, however, is that some injuries can have delayed symptoms. This is especially true after a traumatic accident, as the victim’s adrenaline can act as a temporary pain reliever. Find out how to protect your legal rights and pursue financial compensation if you experience delayed symptoms after an accident in Texas.

Common Injuries With Symptoms That Are Late-Appearing

It is not uncommon for traumatic injuries, including serious injuries, to have hidden or delayed symptoms that are late-appearing. Some of the most severe injuries can have delayed effects and symptoms, including:

After an accident, carefully evaluate how you’re feeling to see if you are injured. If you feel fine in the immediate aftermath of an accident, do not assume you are uninjured. Instead, go to a hospital right away for a professional checkup.

What to Do If You Notice Delayed Symptoms

The possibility of delayed symptoms or a hidden injury means you should not rush to answer questions about your injuries while still at the scene of your accident. Being put on the record by the police or an insurance company that you aren’t injured could have negative consequences for an injury claim later. An insurance company may try to argue that your late-appearing injuries stem from something else, for example, or even that you are trying to commit insurance fraud.

If you notice the symptoms of a potential injury hours or even days after your accident, go to a doctor or hospital right away. It is critical to document your injury for your insurance claim. Describe everything you are feeling and experiencing for your medical records and explain that you were recently in an accident. The doctor may recommend tests or x-rays to get to the bottom of the ailment. If you receive an official injury diagnosis, follow the doctor’s treatment plan exactly and request copies of your medical records.

Then, contact the insurance company in charge of your claim and report your injury. Explain that your injury had delayed symptoms but that you now have an official diagnosis from a doctor. The insurance company may request access to your medical records; however, do not sign a Medical Authorization Release Form from the insurer. This is a tactic companies often use to gain full access to medical records so that they can argue that the injury was pre-existing. Instead, work with a lawyer to send only the relevant and necessary medical records to the insurance company.

How to Handle Your Injury Claim

When negotiating with an insurance company, know that the company does not have your best interests in mind. The company’s number one goal is to save itself money and profit its investors. With this in mind, be careful what you say to the insurance claims adjuster who is assigned to your case. Never admit fault for an accident and wait to answer questions about your injuries until you have seen a doctor, even if you feel fine at first.

Protect your rights by denying a request to give the insurance company a recorded statement. Do not sign anything from the insurance company or agree to a settlement until your case has been fully evaluated by an attorney. Finally, contact a personal injury lawyer in Houston for assistance. An attorney can take over communications with the insurance company on your behalf and fully protect your rights. Your lawyer will negotiate for the best possible outcome for your delayed injury claim.

The post What If I Experienced Delayed Symptoms After an Accident? appeared first on GES Injury Attorneys .

Will My Car Accident Settlement Cover My Chiropractic Treatment?

Wed, 21 Apr 2021 17:30:00 GMT

Car accidents often cause injuries to the soft tissues of the body, such as the muscles and ligaments in the neck and back. Even a minor accident can cause painful injuries such as whiplash. As a victim who is injured in a car accident, you may require chiropractic treatment to recover from an injury and manage chronic pain. Although each case is unique, most car accident settlements in Texas will cover chiropractic care.

Do You Need Chiropractic Treatment After a Car Accident?

Being diagnosed with a neck or back injury after a car accident may lead to you seeking chiropractic treatment to help with healing, mobility and pain management. Chiropractic care is a type of medical treatment where a chiropractor performs adjustments within the body to catalyze healing and relieve pain. It can be an important part of a crash victim’s physical recovery – especially if the victim suffered an injury to the neck, back or spinal cord.

Unfortunately, in car accident law , chiropractic treatment is often viewed as a nonstandard type of medical care. This can make it difficult to obtain a settlement to cover chiropractic care. A car insurance company may try to deny your claim by arguing that the chiropractic treatment was not necessary or a covered type of medical care under the terms of the policy. This does not necessarily mean, however, that you are not entitled to financial compensation for chiropractic care.

What to Expect During the Claims Process

If you are not at fault for your car accident in Texas, you will most likely be eligible for an insurance settlement that covers chiropractic treatment. Texas law considers chiropractic treatment – along with other necessary and reasonable medical expenses – economic damages. As an injured car accident victim, the driver or party at fault for causing your car accident may be financially responsible for all of your economic damages, including chiropractic care.

It is not uncommon, however, for an insurance company to try to protect its profits by denying a claim for chiropractic care reimbursement. An insurance company is not on your side. The denial could be wrongful, however, if the terms of the policy make you eligible for this type of coverage. If so, a lawyer can help you file an appeal or take your case to court.

Tips for Obtaining Insurance Coverage for Chiropractic Treatment

You may need to prove to a car insurance company that you are entitled to benefits by showing that the chiropractic treatment was medically necessary. You can take the following actions in the aftermath of a car accident in Houston to increase your odds of a successful insurance settlement for chiropractic care:

If a car insurance company rejects your claim for a reason related to your chiropractic treatment, consult with a personal injury lawyer in Houston right away. A lawyer will know how to go up against insurance corporations and their powerful legal teams. Your lawyer can negotiate for full financial compensation on your behalf using in-depth knowledge of the law, while you focus on medical care and healing. If the insurance company still refuses to treat your case fairly, your lawyer can go to trial.

The post Will My Car Accident Settlement Cover My Chiropractic Treatment? appeared first on GES Injury Attorneys .

Neck and Lower Back Pain After an Accident

Mon, 19 Apr 2021 17:28:00 GMT

The spinal cord is a complex part of the body. A spinal cord injury can give you temporary or long-term symptoms, including neck and lower back pain. Chronic pain can be debilitating, interfering with your ability to work and reducing your quality of life. Neck and lower back pain after an accident could also point to a serious injury, such as a herniated disk or paralysis.

Common Types of Neck and Back Injuries

The spinal column is divided into five regions: cervical, thoracic, lumbar, sacrum and coccyx. These regions separate groups of vertebrae based on their location in the spine. When an accident fractures or injures the spine, the point of injury will determine where the victim experiences symptoms. Typically, symptoms will arise below the point of impact.

The spinal cord can suffer many different types of injuries in an accident, including:

If you are experiencing lower back pain, this could point to an injury in the lower portion of your spine, such as bruising of the lumbar spine or sacrum. Neck pain, on the other hand, could be connected to injuries in the cervical spine. A physician can diagnose your back or neck injury using imaging scans and other tests.

Symptoms of Neck and Back Injuries After an Accident

Many different types of accidents can cause neck and back injuries. The most common are motor vehicle collisions, bicycle and pedestrian collisions, falls, sports impacts, and acts of violence. A neck and back injury from an accident can cause symptoms such as:

As the victim of an accident in Houston, you may notice pain from a neck or back injury immediately. However, it could also take hours or even days for you to notice pain connected to a spinal cord injury. Your adrenaline from the accident can work as a pain reliever to mask the symptoms of an injury. You also may not notice an injury until something else triggers it, such as a herniated disk slipping out of place when you lift an object a few days after a car accident.

What to Do If You Experience Neck or Lower Back Pain After an Accident

If you notice pain anywhere in your back after an accident, do your best to limit your movements until paramedics arrive. Pain, stiffness or tingling could be signs of a serious injury that may get worse if you move the wrong way. Call 911 to request an ambulance or get a ride to the nearest hospital in Houston right away.

Tell the doctor about your accident and describe where you feel any pain. Let the doctor know if you have a prior history of neck or back pain. The doctor will conduct a physical examination and may use x-rays to get a better look at your spinal cord. If you are diagnosed with an injury that causes neck or lower back pain, contact a Houston personal injury lawyer for information about your legal options.

An attorney can give you personalized advice about your specific case. If someone else carelessly caused your spinal cord injury, that person may be financially responsible for your related medical expenses. This can include physical therapy, medications, surgeries, rehabilitation and medical devices. The at-fault party could also be responsible for your losses of income, pain and suffering, and property damage from an accident.

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Misread X-Ray

Wed, 14 Apr 2021 17:27:00 GMT

An x-ray is an imaging test that allows physicians to diagnose health issues. X-rays are only as effective, however, as the professionals who interpret their results. If a radiologist or physician misreads an x-ray, CT scan or MRI, the patient can suffer adverse health outcomes due to diagnostic errors. The injured patient may then have grounds to file a medical malpractice claim against the at-fault radiologist or physician in Texas.

What Are the Dangers of a Misread X-Ray?

Emergency rooms, surgical centers and doctor’s offices used x-ray and ultrasound technology to obtain a clear picture of what is happening inside of the body. X-ray technology allows physicians to find and diagnose injuries and diseases below the external surface of the skin. X-rays and other types of imaging tests are used to diagnose issues such as broken bones, internal bleeding and traumatic brain injuries.

The practitioner in charge of interpreting x-ray images (the radiologist) must abide by medical industry standards of care and best practices when analyzing the results of a scan. Any lapse in adhering to the proper protocol could lead to preventable mistakes, such as a misread x-ray and related diagnostic errors. Three common examples are:

Diagnostic errors due to misreading x-rays can prevent patients from obtaining the critical medical care and treatments necessary to recover. Patients who encounter misread x-rays and other imaging test misinterpretations can suffer worsened health outcomes, delayed medical care and a failure to treat. When a misread x-ray causes patient injury, harm or death, the medical professional that made the preventable error may be liable (legally responsible).

When Is a Misread X-Ray Medical Malpractice?

Humans make mistakes. Not every misread x-ray or another type of medical error constitutes the civil tort of medical malpractice. To have grounds to file a medical malpractice lawsuit in Texas, an injured party must have evidence that the defendant owed him or her a duty of care (a patient-doctor relationship must have existed), breached this duty of care, and caused the injuries or losses in question.

A duty of care is a legal and ethical obligation to act toward someone else in the same manner that an ordinarily prudent person would in the same or similar circumstances. Physicians, radiologists and other health care practitioners are held to high standards of patient care within the medical industry. Any violation of these standards, resulting in patient harm or death, can give the victim grounds to file a medical malpractice lawsuit.

If a radiologist was careless or negligent, and this led to a misread x-ray and injuries, the practitioner could be liable for the victim’s related losses. If another practitioner in the same circumstances would have been able to properly read the x-ray and diagnose the condition, preventing the patient’s losses, the party in question will bear liability for incorrectly interpreting the information.

Do You Have a Case?

Every year, injured patients bring lawsuits against radiologists and other health care providers for misread x-rays and related injuries. If you believe an imaging company, radiologist, physician or someone else made a careless error during your care and this negatively impacted your health, consult with an attorney in Houston right away.

An attorney can listen to your story, ask questions and investigate your medical experience to determine whether or not you have grounds for medical malpractice claim for a misread x-ray. If so, the law may entitle you and your family to financial compensation for your past and future losses. A lawyer can help you fight for justice and hold someone accountable for a misread x-ray.

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Can I File a Medical Malpractice Lawsuit for an Ultrasound Error?

Mon, 12 Apr 2021 17:26:00 GMT

The ultrasound is an important medical tool that physicians and other health care providers use to discover and diagnose a range of medical conditions. Ultrasounds are used most often to look at a developing fetus during pregnancy. If an ultrasound technician or physician makes a mistake during an ultrasound examination, it can lead to a dangerous misdiagnosis or failure to diagnose that can have devastating consequences for the patient.

The Dangers of Ultrasound Errors

An ultrasound is a safe, noninvasive tool that provides images known as sonograms using high-frequency sound waves. It is a critical diagnostic tool for pregnant women. Ultrasounds during pregnancy can confirm the infant’s due date, find the baby’s heartbeat, and diagnose any potential health issues for the mother or child. If it is an ectopic pregnancy, for example, the first ultrasound can diagnose this issue.

If an ultrasound technician, obstetrician or gynecologist misuses ultrasound equipment or makes a mistake during an ultrasound exam, the patient can suffer many adverse consequences. Mistakes can happen due to improper training, poorly maintained equipment, inadequate images or inadequate supervision during the exam. Common examples of ultrasound errors include an incomplete visual image of the fetus, improper interpretation of an image and failing to recommend the next steps based on the results of the ultrasound.

Most medical malpractice claims against physicians for ultrasound errors are based on claims that the defendant committed an error in perception, interpretation or recommendation. For example, if a doctor misses the signs of an irregularity during an ultrasound, he or she could be liable if this mistake leads to injury, death or another health complication for the fetus or patient. Ultrasound errors can lead to serious harm as a dangerous form of medical malpractice.

What Is Medical Malpractice?

Patients deserve to receive a high level of care from their medical providers. The medical industry has standards for how doctors and other practitioners must perform their job duties. These standards are in place to keep patients safe. When a practitioner falls below the accepted standard of care, either negligently or intentionally, patient injuries can arise. This is the civil tort of medical malpractice.

How Do You Prove Medical Malpractice?

Medical negligence is any careless act that violates the industry’s appropriate standards of care. Medical malpractice, on the other hand, is the failure to adhere to the standard of care despite identifying foreseeable risks to the patient. To prove medical malpractice in Texas, you or your attorney provide establish clear and convincing evidence that proves four elements as more likely to be true than not true:

If your lawyer has evidence of these elements, you will have a valid claim to damages against the health care provider guilty of making a preventable ultrasound error. Proving your medical malpractice lawsuit can result in financial compensation for your family’s related economic and noneconomic damages. These include the costs related to required medical treatments and lost wages, as well as your family’s pain and suffering.

How Can a Medical Malpractice Attorney Help?

If you believe an ultrasound technician or another health care provider committed an ultrasound error during one of your exams, and this led to a misdiagnosis or another critical error, consult with an attorney for advice about your legal rights. A medical malpractice lawyer in Houston can review the facts of your case to let you know if it has merit. If so, your attorney can help you go up against a doctor or hospital in pursuit of fair financial compensation for your family’s losses.

The post Can I File a Medical Malpractice Lawsuit for an Ultrasound Error? appeared first on GES Injury Attorneys .

What Is Informed Consent?

Wed, 07 Apr 2021 17:24:00 GMT

As a patient at a hospital or doctor’s office, you have the right to give your informed consent before undergoing any treatment or procedure. If a physician or surgeon fails to get your informed consent, it may be medical malpractice. Find out if and when you have grounds to file a medical malpractice claim in Texas for lack of informed consent.

What Does Informed Consent Mean?

Informed consent is a patient’s agreement to undergo medical treatment after learning all of the essential information about the treatment. If a patient does not agree to a procedure, he or she has not given his or her consent. If a patient gives consent but does not fully understand the risks, benefits and alternatives, the patient has not given his or her informed consent.

To obtain informed consent, a doctor must impart full knowledge of the recommended treatment to the patient. Full knowledge means all of the possible consequences and risks of the procedure, as well as its possible benefits. It also means a list of potential alternatives, including holistic treatments. If the patient is a minor or incompetent, his or her authorized medical proxy must give informed consent instead.

A patient in Texas must give informed consent prior to any type of surgery, chemotherapy, anesthesia, device implantation, blood transfusion or experimental medication. Informed consent is critical to proper patient care, as it is a patient’s right to decide what is best for him or her. If a patient believes a treatment to be too risky, he or she has the right to refuse that treatment. No medical practitioner can breach this patient right.

When Is Lack of Informed Consent Medical Malpractice?

Informed consent is both a legal and an ethical obligation. If a medical procedure is performed without a patient’s knowledge or informed consent, it is medical malpractice. Medical malpractice is when a professional in the medical field violates the industry’s standards of patient care, resulting in harm to a patient. Lack of informed consent is just one example of medical malpractice that could give a patient the right to file a civil lawsuit against the at-fault practitioner.

If a doctor or surgeon oversteps a patient’s right to give informed consent, that practitioner will be liable (legally responsible) for any injuries or illnesses that patient suffers as a result. This is because the patient was not properly granted the right to give or withhold consent to the treatment. Overriding this requirement is not fair to the patient and violates the standards of care in the medical industry.

What Elements Must Be Proven in an Informed Consent Case?

If an injured patient files a medical malpractice lawsuit for lack of informed consent, the patient or his or her attorney must prove the case against the defendant to recover financial compensation. The burden of proof rests with the plaintiff, not the defendant, to establish fault as more likely to be true than not true.

Establishing fault in a medical malpractice case based on lack of informed consent takes clear and convincing evidence of four main elements:

Failing to obtain informed consent for nonemergency medical care is a civil tort, or wrongdoing, that can make the doctor or hospital financially responsible for the patient’s injuries or harm. This means the physician’s insurance provider will have to pay money damages for the victim’s related medical care, pain and suffering, lost wages, lost quality of life, and other losses.

To find out if you have grounds for a medical malpractice case related to informed consent, consult with an attorney in Houston today.

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What Are Economic Damages in a Personal Injury Case?

Mon, 05 Apr 2021 17:22:00 GMT

In a personal injury case, the legal term for the financial compensation available to the victim for injuries and other losses connected to an accident is damages. Damages are broken down into two major categories: compensatory and punitive damages.

The first type makes a victim whole again by reimbursing him or her for specific losses, while the second punishes a defendant for especially wrongful acts. Compensatory damages are further sorted into economic and noneconomic damages.

What Are Damages?

The purpose of filing a personal injury claim is to make a victim (called a plaintiff) whole again after a preventable accident. In other words, to restore the plaintiff to the financial state he or she likely would have been in had the accident not happened. The civil courts do this by awarding damages, or financial compensation for the victim’s losses.

The Texas civil justice system allows an injured accident victim to claim financial compensation for both economic and noneconomic damages in a personal injury lawsuit. The victim can only recover a monetary award, however, if the victim or his or her personal injury lawyer can prove a defendant was negligent and this caused the accident. The legal definition of negligence is a level of carelessness that causes injury or harm to another person.

Economic vs. Noneconomic Damages

Economic damages refer to financial compensation awarded for the monetary losses a plaintiff suffered in an accident. Monetary losses are also called tangible losses, as they are expenditures supported by hard evidence, such as hospital bills from necessary medical care.

Noneconomic damages, on the other hand, make up for the intangible losses a victim suffered. Examples of noneconomic losses include emotional distress, physical pain, mental anguish, loss of consortium, inconvenience and lost quality of life.

Types of Economic Losses

A preventable accident such as a car accident or slip and fall can lead to many types of physical, emotional and financial losses for a victim. A victim’s life may never be the same after a serious or catastrophic accident. To recover financial compensation and move forward after an accident, a victim must file an insurance claim or personal injury lawsuit.

When submitting a demand letter to an insurance company, a victim must list an amount that would fully compensate him or her for past and future losses. This includes compensation for any money already spent recovering from the accident, as well as foreseeable expenditures. Examples of economic losses commonly involved in a personal injury case include:

The exact economic losses listed in a personal injury claim depend on the specific traits of the case. In general, a case involving more severe injuries will result in greater economic damages awarded to the plaintiff than a case involving minor injuries. This is because severe injuries require more money in medical care and lost wages. However, each case is unique. The value of a case depends on a variety of factors

When to Speak to a Personal Injury Lawyer

If you’ve been injured in an accident in Houston, it is important to consult with an attorney before accepting a settlement from an insurance company. The insurer may not award you a fair amount based on the true value of your economic and noneconomic losses.

An attorney has the experience and knowledge to create a comprehensive list of your past and future losses, as well as to accurately calculate your case’s value. Your attorney can negotiate with an insurance provider on your behalf or take your case to trial for maximum financial compensation, if necessary.

For more information about economic damages during a personal injury case in Houston, contact an attorney at Gordon, Elias & Seely, LLP today.

The post What Are Economic Damages in a Personal Injury Case? appeared first on GES Injury Attorneys .

How Hazardous Material Truck Accidents Are Different From Other Truck Wrecks

Thu, 18 Mar 2021 20:58:00 GMT

Many commercial trucks transport hazardous materials, otherwise known as hazmat. These materials include gasoline, oil, liquid nitrogen, compressed air and flammable substances. Unfortunately, transporting hazardous cargo comes with an increased risk of catastrophic injuries and deaths in truck accidents. Serious injuries and unique federal regulations make hazmat truck accidents different from other commercial truck accidents in Texas.

Extreme to Catastrophic and Fatal Injuries

One of the main differences between hazardous material truck accidents and standard truck accidents is the extent of the damage. Hazardous materials come with the threat of catastrophes such as explosions, fires and chemical spills. This increases the risk of serious and fatal injuries to those in the crash. Examples include:

Hazmat can also increase the number of victims affected by the truck accident. If flammable solids or liquids being carried by a big rig explode, for example, it can impact passing vehicles and people who live nearby. The same is true if a hazardous material truck dumps toxic gas into the surrounding environment. An ordinary truck accident, on the other hand, typically only affects the drivers and passengers directly involved in the collision.

Special Federal Regulations for Hazardous Materials

Another thing that makes hazardous material truck accidents unique is the fact that the Federal Motor Carrier Safety Administration (FMCSA) has special rules and regulations in place for hazmat cargo, as does the Pipeline and Hazardous Materials Safety Administration (PHMSA). The trucking company, cargo company and truck driver must obey these rules to prevent accidents.

Three examples of hazardous material rules are:

Breaking a hazmat safety regulation can increase the risk of a devastating truck accident. If a motor carrier carelessly or intentionally fails to fulfill every requirement related to the transport of hazardous materials, it can be legally and financially responsible for a related truck accident.

What to Do After a Hazardous Material Truck Accident

Even a minor rear-end collision could lead to disaster if a truck is carrying dangerous substances. If you get into this type of accident in Texas, take immediate steps to protect yourself, both physically and legally:

Next, contact a Houston truck accident attorney for a free consultation about your legal rights. An attorney can help you. If you or a loved one suffered catastrophic injuries in the collision, it is even more important to have an attorney represent you. An attorney can fight for maximum financial compensation for you so that you can recover and move forward.

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What Is a Truck Accident Quick Response Team?

Tue, 16 Mar 2021 20:53:00 GMT

A commercial truck accident can be physically, mentally and economically devastating for a victim. Unfortunately, the trucking company’s main priority will be to avoid a large payout. This mission will make the truck company use many strategies to protect its bottom line. One of these is to send out a truck accident quick response team immediately after the collision – sometimes even before the police or paramedics arrive.

What Is a Quick Response Team?

A truck accident quick response team, also called a rapid response team, is a group of professionals hired by the truck company to preserve and collect evidence immediately after a truck accident. The job of the quick response team is to preserve evidence quickly, before anyone else can interfere with the scene of the 18-wheeler accident. This team is not unbiased, however, and has the truck company’s best interests in mind during its investigation.

Most trucking companies have the power and resources to deploy a team of investigators to the scene of a truck accident immediately. The rapid response team is often the first outside party to the scene of a truck accident – even before law enforcement, depending on how fast the truck driver reports the crash to the company. This is intentional; it gives the trucking company an edge over the accident case as the first investigating party to the site.

Who Is on a Truck Accident Quick Response Team?

A quick response team may include a defense attorney, an accident reconstruction expert, a forensic professional and crash investigators. It will consist of people trained and experienced in both truck accident investigation and personal injury law. That way, the quick response team can preserve evidence with the ultimate goal of defending the trucking company from allegations of fault, negligence and liability.

How Does the Quick Response Team Serve the Trucking Company?

Although the rapid response team collects evidence, its main purpose is to build a strong defense against a victim’s truck accident case . The team wants to find evidence at the scene it can use against the victim later. As players hired by the trucking company, the rapid response team is far from neutral. Rather than only protecting and collecting evidence from the scene of the crash, the team may take or destroy key evidence that it knows the victim would otherwise be able to use against the trucking company. The team may even be guilty of altering the crash site.

The evidence collected by the truck accident quick response team may include the truck’s black box, which is an electronic data recorder that collects information about the truck, such as its speed and truck driver’s braking patterns leading up to the crash. Evidence collected may also include the truck driver’s daily logs, cell phone records, hours-of-service logs, maintenance statements, inspection reports, eyewitness statements, video footage and photographs.

What Can You Do to Protect Your Rights as an Injured Victim?

Claims of police investigation interference and evidence destruction follow truck accident quick response teams wherever they go in Texas. Even if a response team is ethical, it is not on your side. These professionals have been hired by the trucking company to protect them from your lawsuit. The best way to safeguard your rights after a truck accident in Texas is to hire a team of professionals of your own to investigate: a personal injury law office.

A plaintiff’s law firm can deploy its own investigators and accident reconstructionists to the scene of your truck accident. A personal injury attorney can find out which information and documents the rapid response team has. Then, he or she can make phone calls and file subpoenas to force the trucking company to preserve key evidence (saving it from destruction) and present it during the discovery phase of your lawsuit.

Contact a Houston truck accident attorney in Houston as soon as possible if you get into an accident. Hiring a lawyer right away can even the playing field between you and a truck accident quick response team.

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Can Video Camera Footage Prove Negligence in an Accident Claim?

Thu, 11 Mar 2021 20:50:00 GMT

Accidents happen quickly and without warning. Although some accidents have eyewitnesses, many do not. You may not know exactly what happened in a car accident or another type of incident as an injured party. If someone captured video footage of the accident, however, you can determine the party that was negligent and is financially responsible for paying damages. Video camera footage can help you prove negligence in an accident claim in Texas.

Using Taped Footage to Prove Negligence

A personal injury case in Texas is based on evidence. The goal of a case is to obtain financial compensation from the at-fault party to make the victim whole again. In personal injury law, it is the victim’s responsibility to prove the defendant owed him or her a duty of care, breached this duty of care and caused the accident.

A breach of duty is an act of negligence or recklessness. A party is negligent if he or she is careless and this causes injury to others. The burden of proof an injured party must meet to establish negligence is a preponderance of the evidence. This level of evidence shows that the defendant is more likely than not responsible for causing the accident. A plaintiff must fulfill this burden of proof using clear and convincing evidence.

Video camera footage is one of the strongest types of evidence available. Photographs and videos can provide indisputable proof of how and why an accident occurred. They can help a victim understand the events leading up to an accident, as well as prove the defendant’s fault for causing the dangerous circumstances by showing his or her negligence through documentary evidence.

In a car accident case, for example, video camera footage could show one driver running a red light and crashing into another driver. Obtaining this footage and using it as evidence could prevent the at-fault driver from denying liability for the collision. The driver will not be able to escape liability in this example, as his or her negligent act was caught on camera.

Where to Look for Video Footage After an Accident

The first step in using video camera footage to prove negligence is obtaining a recording of your accident. In today’s world, there are cameras everywhere. An in-depth investigation of your accident could uncover video footage that caught your accident on tape. A Houston personal injury accident attorney and the police can help you investigate and find video camera footage that could be useful during your injury case.

Places to look for video footage after an accident in Texas include:

If you can, remain at the scene of your accident and ask around for any cameras that might have caught it on tape. Use the exact time of the accident to locate the footage. It is critical to act quickly, as many establishments delete each day’s footage at the end of the day to make room for new footage. If you cannot stay at the scene and ask around yourself, have a trusted friend or family member do so for you.

Some footage may be available to the public, while others might be privately owned, meaning you need the owner’s permission to obtain a copy. A lawyer can help if you need a subpoena to access video documentation. A personal injury lawyer can act quickly, visit the scene of the accident, and take action to preserve and collect video camera footage on your behalf. Then, your lawyer can use the video footage to prove negligence.

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How to Get a Texas Accident Report

Tue, 09 Mar 2021 20:45:00 GMT

If you wish to recover financial compensation for a car accident in Texas, the accident report is a vital piece of evidence. The accident report can provide key information about your collision that an insurance company can use to process your claim. You are entitled to a copy of the accident report – called the Texas Peace Officer’s Crash Report. Learn how to request a copy in your county.

Do You Have to Report a Car Accident in Texas?

According to Texas Transportation Code Section 550.062 , a driver is required to report a motor vehicle collision to a law enforcement officer if it causes injuries or deaths to one or more parties or property damage that appears to be worth $1,000 or more. You may also wish to report a more minor car accident, as the accident report can provide important evidence for an injury claim.

You should also report any car accident where you suspect a broken law, such as driving while intoxicated or driving without insurance. The law requires those involved in serious car accidents to report them as soon as possible – generally from the scene of the crash. Then, the law requires the law enforcement officer to file a report with the Texas Department of Motor Vehicles within 10 days of the collision.

If you fail to report a car accident in Texas, you could face serious penalties, including a criminal hit-and-run charge. The definition of hit-and-run is to leave the scene of a car accident without fulfilling all required driver responsibilities, including stopping at the scene, rendering aid to anyone injured and calling the police, if necessary. Failure to report a serious car accident in Texas can result in a fine of up to $5,000 and/or jail time.

How Long Do You Have to File an Accident Report in Texas?

You should always notify the police of a serious car accident immediately – ideally while you are still at the scene of the collision, using a cell phone. Otherwise, make the call as soon as possible. If you did not lawfully have to call the police at the scene, you must still submit a written accident report to the Texas Department of Motor Vehicles within 10 days. You must fill out and file what is known as a Blue Form, or the CR-2 Crash Report .

How Do You Obtain a Copy of Your Accident Report in Texas?

By law, you are entitled to receive a copy of your Texas accident report. Ask for your police report number from the law enforcement officer while still at the scene of your car accident. Then, use the report number to request your copy. You can do this by calling the local police station in the county where the collision took place and providing your information, by using the Crash Report Online Purchase System , or by mail.

To use the online purchase system, you will be asked to enter some identifying information to locate the correct crash report. Then, you will submit a payment online to purchase a copy and have it mailed to you. If you wish to request a copy by mail, complete a CR-91 document and mail it with the required payment to the address on the form.

You will have to pay a fee for a copy of your crash report. The current price in Texas is $6 for a regular copy or $8 for a certified copy. You need a certified copy if you are using your accident report for a legal proceeding, such as a car accident lawsuit.

If you have trouble obtaining a copy of your Texas accident report, you may need to hire a Houston car accident lawyer to help you gather evidence. A lawyer can contact the police department for you, as well as help you use your accident report as evidence during an insurance claim or personal injury lawsuit in Texas.

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Bodily Injury vs. Personal Injury

Thu, 04 Mar 2021 20:42:00 GMT

Although they are often used interchangeably, bodily injury and personal injury have two different definitions in the eyes of the law. If you are the injured party (plaintiff) in a personal injury claim in Texas, you should understand the differences and nuances between these two terms. A personal injury lawyer in Houston can help you explore this topic in more detail.

What Is a Bodily Injury?

A bodily injury refers to the specific injury or illness suffered by a plaintiff in an accident during a personal injury claim. Bodily injury can refer to a broken bone, laceration, muscle strain, soft-tissue injury, brain injury or spinal cord injury. It can also refer to an illness or disease, as well as a mental health condition or psychological injury if the psychological injury arose from a physical injury. Finally, bodily injury can refer to a death during a wrongful death claim .

What Is Bodily Injury Liability Insurance?

Bodily injury liability insurance is a type of car insurance that is required for all drivers in Texas. Texas is a fault-based insurance state, meaning the driver guilty of causing a car accident will be financially responsible for victims’ injuries and property damage. After a car accident , the at-fault driver’s bodily injury liability coverage will pay for the injuries and medical expenses of others injured in the crash.

The required amount of bodily injury liability insurance in Texas is at least $30,000 per person and $60,000 per accident. Drivers are also required to carry at least $25,000 in property damage liability coverage. Bodily injury also refers to a type of coverage on a homeowners insurance policy. In this case, it will cover a victim’s medical bills and lost wages if they are the result of an accident caused by a defect on the policyholder’s property.

What Is a Personal Injury?

The definition of personal injury is not as specific as bodily injury. It is an umbrella term that can encompass physical, mental, emotional and financial harm caused to a person by someone else’s negligence or wrongful act. In personal injury law, negligence is a careless act that a reasonable and prudent party would not have committed in the same or similar circumstances.

Personal injury can refer to many different types of harm inflicted by a defendant. Unlike bodily injury, its definition is not restricted to only physical and emotional injuries. Personal injury can refer to bodily injuries, emotional injuries, property damage, invasion of privacy, harassment or discrimination, definition, humiliation, fear, financial harm, and more.

A personal injury claim specifically refers to a lawsuit brought by an injured plaintiff against the person or party allegedly responsible for causing his or her injuries. A personal injury claim in Texas seeks financial compensation to make the plaintiff whole again. In other words, the plaintiff is pursuing a monetary award from the defendant to restore him or her to the economic state he or she would have been in had the accident not occurred.

What Is Personal Injury Protection Insurance?

Personal injury protection insurance, also called PIP, is a type of auto insurance that is required in no-fault states. PIP insurance pays for the policyholder’s own medical bills and lost wages after an automobile accident. It also pays for the medical expenses and damages of injured passengers. Personal injury insurance will pay for these losses whether or not the policyholder was at fault for the auto accident.

This is the difference between a fault and a no-fault state; in a fault state, the driver at fault for causing the accident will pay for victims’ losses using his or her bodily injury liability insurance. In a no-fault state, all injured victims will seek payment from their own insurance carriers through their personal injury protection insurance.

For more information about the difference between bodily injury vs. personal injury, or for legal advice tailored to your specific case, consult with an attorney in Houston.

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Preparing for and Giving a Deposition in Texas

Tue, 02 Mar 2021 20:37:00 GMT

Evidence is arguably the most important part of a personal injury case. Evidence is the facts, documents and information used to prove a case. There are many different types of evidence in a personal injury claim. One is testimonial evidence – verbal evidence provided by a witness. Obtaining this evidence often requires depositions. If you have been called upon to give a deposition in Texas, learn how to prepare for this process and what to expect.

What Is a Deposition?

A deposition is a court-ordered meeting where a party involved in a case is asked questions by the attorney of the other side of the case. As the injured party, or plaintiff, in a personal injury case in Texas, you may be required to provide a deposition. This is your chance to tell your side of the story by answering questions about the accident and your injuries under oath. Anything you say during your deposition can be used as evidence during your personal injury claim.

What to Expect During a Deposition

The deposition will take place during the discovery phase of your lawsuit. A deposition is not a trial. Most depositions do not even take place in a courtroom; they are often conducted in an attorney’s office. You are allowed to have a Houston personal injury lawyer representing you during your deposition. Your attorney can provide advice before and during the deposition as to what to say and what not to say.

How to Prepare for a Deposition

Although many plaintiffs are daunted by the idea of attending a deposition, you do not have to be nervous. The more you prepare for your deposition, the more comfortable you will be during the meeting. The best way to prepare is by going over what questions you will most likely be asked with your attorney and preparing answers to these questions.

In general, the defendant’s attorney will start with questions about you, then go on to questions about the accident and your injuries. Some questions you may encounter during a deposition are:

Your personal injury lawyer can work with you to prepare answers to the questions you will most likely be asked. Working with a lawyer can ensure you do not say anything that will hurt your case.

Tips for Your Deposition in Texas

It is important to take the time to prepare for your deposition so that you do not say the wrong thing while you are under oath. Use these general deposition tips as a guideline:

Testimonies from the plaintiff, defendant and witnesses are critical pieces of evidence during a personal injury case. A lawyer can help you with a deposition by providing legal advice specific to your case.

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How Does Chapter 13 Bankruptcy Affect My Personal Injury Case?

Wed, 17 Feb 2021 18:15:00 GMT

Filing for bankruptcy has many different legal implications. If you file for chapter 13 bankruptcy in the middle of a personal injury case, it can change things in one of two critical ways. Either anything won during the claim will become an asset of the bankruptcy estate or the settlement will become a source of income the bankruptcy court can use to pay off your debts. Before you file for Chapter 13 bankruptcy, consult with a personal injury lawyer about whether this is the right choice for you.

What Is Chapter 13 Bankruptcy?

There are three different types of bankruptcy filings: Chapter 7, 13 and 11. Chapter 7 bankruptcy will lead to the liquidation of your assets. The bankruptcy court will have the right to liquidate everything you own and use the sale of your assets to pay off your debts. Chapter 13 bankruptcy – the most common type – is the reorganization of an individual’s finances. It looks at the filing party’s disposable income to repay debts. Chapter 11 is the same as Chapter 13, except that it applies to a business.

What Happens to Your Personal Injury Case If You Declare Bankruptcy?

Declaring Chapter 13 bankruptcy means you do not have enough money to pay your debts and are requesting a reorganization of your finances. Filing for bankruptcy can clear you of all liability for debts you owe to creditors. Declaring bankruptcy comes with four key principles that can impact a personal injury case: assets, income, discharge of debt and automatic stay. The two that apply to your case will depend on whether you are the injured party – plaintiff – or the defendant.

When a plaintiff files for Chapter 13 bankruptcy, the courts examine his or her assets and disposable income. The courts create a bankruptcy estate, which holds all legal and equitable interests of the debtor. If the plaintiff receives financial compensation through a personal injury case, it will automatically belong to the bankruptcy estate. This means it will be legally separate from the plaintiff’s estate.

If a defendant files Chapter 13 bankruptcy, discharge of debt and automatic stay may come into effect instead. Discharge of debt means the defendant will no longer be financially liable for the debts listed – including a personal injury settlement or judgment award granted to a plaintiff. An automatic stay is an injunction that prevents creditors from seizing the defendant’s property.

Do You Have to List a Personal Injury Case on a Bankruptcy Filing?

If you declare Chapter 13 bankruptcy during a personal injury case, you lawfully must disclose the fact that you are involved in the case to the bankruptcy courts. You must list the injury claim on the bankruptcy filing as an asset if your injury claim arose before filing for bankruptcy. If you file a personal injury lawsuit after declaring bankruptcy, you must amend your Schedule B form to disclose the injury claim. Either way, the bankruptcy court must be informed about your injury lawsuit.

Should You File Chapter 13 Bankruptcy During a Personal Injury Case?

If you file for bankruptcy during a claim, the bankruptcy courts can use any proceeds from a settlement or jury verdict to pay off your debts. You may still be able to keep a portion of the settlement if you file for Chapter 7 bankruptcy, as up to $10,000 from a settlement is exempt from liquidation. With Chapter 13 bankruptcy, however, even the $10,000 exemption may be considered disposable income and used to pay off debts.

Filing Chapter 13 bankruptcy during a personal injury case may be necessary if you do not have enough income to pay for your bills and debts. Declaring Chapter 13 bankruptcy, however, can have a significant effect on your claim and ability to recover. Whether or not this is the right choice for you is something you and your personal injury lawyer in Houston can discuss in detail.

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What Should I Know About Mediation for a Car Accident Case?

Mon, 15 Feb 2021 18:11:00 GMT

If you get injured in a car accident in Houston , you may encounter challenges while trying to get an auto insurance company to pay a fair amount for your injuries and losses. The insurance company may be unwilling to accept 100% of the blame or agree with the true value of the claim. If you and an insurance company cannot reach a settlement during negotiations, your case may need to proceed to the next step of the justice system: mediation.

What Is Mediation?

Mediation is a type of alternative dispute resolution in Texas. Alternative dispute resolution refers to legal processes that take place before an injury trial, with the goal of reaching a settlement and avoiding court. Texas Revised Statutes Section 154.023 defines mediation as a forum involving all parties involved in a dispute and an impartial person (call the mediator), who will promote compromise, understanding, reconciliation or settlement.

Where Does Mediation Take Place?

Mediation is less formal than a car accident trial. Mediation generally does not take place in a courtroom. Instead, it is held in a conference room, either at a courthouse, a law office or a neutral location. Mediation is generally held in the county where the car accident took place. It only involves the parties named in the dispute, their legal representatives and the mediator. There is no judge, jury or spectators present during mediation.

What Are the Benefits of Mediation?

Mediation is typically preferred over a car accident trial in Texas. A trial is expensive from court costs and fees such as hiring experts to testify. A trial can also take a long time to resolve – over a year if the court system in your county is congested. Going to trial also makes the car accident claim part of the public record. This eliminates the ability to achieve a private and confidential settlement with an auto insurance company.

Mediation is also informal, with a more relaxed environment than a courtroom that saves you the stress of a trial. You will also have more control over the outcome of the mediation. You and your lawyer do not have to agree to anything you do not want to during mediation. You will have no choice, however, but to accept the outcome of a trial.

Can I Have an Attorney Present?

Yes, you have the right to have an attorney present during mediation. You can even choose not to attend the actual mediation and send your lawyer as a representative to act in your place. If you do attend the meeting, your lawyer can help you state your position without hurting your case. Having a lawyer represent you during car accident mediation can give you greater peace of mind during the meeting. Your lawyer will make sure you do not agree to a settlement that diminishes the value of your claim.

Does Mediation End in a Judgment?

No, mediation does not end in a judgment. A mediator does not have the power to impose a judgment on the issues discussed by the parties. Instead, the mediator’s job is to facilitate communication between the parties and come up with creative solutions. It is entirely up to the parties whether or not to agree to a settlement during mediation. The parties can choose to accept a mediator’s guidance and settle the case or go to trial.

How Long After Mediation Will I Get My Settlement?

If mediation for a car accident case succeeds, all parties involved will agree to a suggested settlement. Most settlements stipulate a date by which the insurance company must send you a check. For the most part, you can expect to receive a settlement check within about two weeks of achieving the settlement at mediation. If the insurance company unfairly delays your check, your lawyer can file a lawsuit against the carrier for bad faith.

For more information about mediation for a car accident case, consult with an attorney in Houston.

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Can I Recover More Than the Insurance Policy Limits?

Wed, 10 Feb 2021 18:04:00 GMT

If you get injured or suffer property damage in an accident in Texas, state law allows you to collect financial compensation from one or more insurance companies. If the accident was not your fault, you will collect compensation from the insurance carrier of the at-fault party. Otherwise, you will seek damages from your own insurer.

If you need to file an insurance claim in Texas, it is important to understand how policy limits work – especially if your past and future losses exceed the coverage available. A personal injury lawyer can help you seek compensation outside of insurance policy limits.

What Are Policy Limits?

All insurance policies come with limits. Policy limits are the maximum amount of money the insurance company will pay for a claim. Policy limits are listed in the language, terms and provisions of an insurance policy. To understand insurance policy limits during your personal injury case, carefully read the fine print of the policy being used. If an accident happens and you need to seek coverage, the insurance company responsible for your losses will not offer more than the policy limit.

Can You Collect Outside of the Policy Limit?

If you get injured in a car accident, the limits on the other driver’s liability policy are most likely $30,000 in bodily injury insurance per person, $60,000 per accident and $25,000 for property damage. These are the minimum required amounts of auto insurance in Texas. These will be the limits, therefore, on your financial recovery during a car insurance claim, unless the driver carries more than the minimum.

With help from a lawyer, you may be able to seek additional compensation for your accident through other outlets. For example, a lawyer can help you find out if the other driver has additional insurance to provide greater coverage for your losses. If the other driver has optional forms of coverage, such as medical payments coverage, this may provide additional money to pay for your medical bills after the driver’s liability insurance runs out.

A lawyer can also help you look to your own insurance company for coverage. It may be possible to recover more than an insurance policy’s limit if you seek financial compensation from more than one provider. Your own auto insurance carrier may chip in to pay for the costs of the accident, even if you were not at fault, if you have uninsured motorist, underinsured motorist, comprehensive or collision coverage. A combination of third-party and first-party insurance coverage could provide enough to fully pay for your losses.

Are You Eligible for a Personal Injury Lawsuit?

Another option to seek financial recovery that exceeds an insurance policy’s limit is filing a personal injury lawsuit in Texas. Bringing a lawsuit against an at-fault party could allow you to access not only that party’s full insurance coverage but also his or her personal assets. A successful judgment award could force the defendant to pay for the full amount of your damages, even if this takes something such as wage garnishment.

You may also be able to name multiple defendants in your personal injury lawsuit. After a truck accident, for example, you may be able to hold both a truck company and a cargo company responsible for losses. Multiple defendants could give you more opportunities to pursue compensation, as multiple insurance companies may be liable.

How a Lawyer in Houston Can Help

It is not easy to collect personal injury compensation beyond the limits of the at-fault party’s insurance policy. It is possible, however, in certain circumstances, if you know where to look for additional compensation. Most injured victims need personal injury lawyers to help them pursue financial compensation outside of an insurance policy’s limit.

A lawyer can help you explore all outlets for financial recovery after an accident and injury, including your own insurance coverage, a personal injury lawsuit, other defendants or filing a bad-faith lawsuit against an insurance company. Consult with a Houston personal injury lawyer today for more information about your specific case and recovery options.

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What Are Interrogatories in a Personal Injury Case?

Mon, 08 Feb 2021 18:01:00 GMT

Although most personal injury claims in Texas settle, some require lawsuits to deliver justice and fair compensation to injured accident victims. If your personal injury case has to go to trial in Houston, you will go through what is known as the discovery phase. Interrogatories are a key aspect of the discovery phase.

What Are Interrogatories?

The discovery phase is an opportunity for both sides of a personal injury case to find out what the other side knows. The plaintiff’s attorney and the defendant’s attorney will request information from each other, such as documents and evidence related to the case. They will also submit interrogatories to gather more information.

Although the word sounds daunting, interrogatories are nothing to fear. They are a list of written questions sent from one party of a civil lawsuit to the other. These questions request basic facts and information about the accident and the victim’s injuries, as well as details about medical treatments and any pre-existing conditions. Filling out an interrogatory clearly, fully and in a way that does not hurt your case is very important as a plaintiff.

In addition to interrogatories, a lawyer may also submit requests for disclosure, production and admission. A request for disclosure is a written form asking you to disclose basic information about the accident and injury. A request for production is a request to produce requested evidence. A request for admission is a request for one party to admit or deny a fact under oath. These are all tools both sides of a case may use to gather as much information as possible about the accident before proceeding to trial. They make the justice system fairer and more efficient.

How to Prepare for an Interrogatory

If your personal injury claim goes to trial in Texas, expect interrogatories. A lawyer can help you prepare the information needed to successfully answer the questions on an interrogatory form. Your lawyer can also help you fill out these forms in a way that will protect you from self-incrimination. A lawyer will know how insurance companies work and how to answer their questions the right way. Questions on interrogatories may include:

You are legally obligated to answer the questions sent to you on an interrogatory form honestly. If you knowingly misrepresent a fact during interrogatories, you could face serious consequences, including criminal charges for insurance fraud and/or perjury.

Can a Personal Injury Lawyer Help?

You do not have to deal with interrogatories in a personal injury case alone. You have the right to hire a Houston personal injury lawyer to represent you during this phase of your lawsuit. Having a lawyer by your side, advocating for your rights and best interests, can provide peace of mind when you need it the most.

Your lawyer can advise you on what to write in your answers on an interrogatory document, as well as how to stick to the facts of your case without offering too much information. A lawyer can make sure you fill out the document completely, correctly and in a way that will not hurt your case.

For more information about interrogatories during a personal injury case in Texas, consult with a lawyer near you.

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Common Mistakes People Make After a Car Accident

Wed, 03 Feb 2021 17:58:00 GMT

Car accidents are one of the most common causes of serious injuries and deaths in Texas. It is often difficult for a car accident victim to cope with the aftereffects of the collision. It is important to proceed with caution if you get into a car accident in Houston, however, as you could make a mistake that ultimately hurts your chances of securing fair financial recovery from the at-fault party. Avoid the following common mistakes to protect your rights.

Admitting Fault

Never admit fault for an auto accident outright. Taking the blame for a car accident upfront could automatically eliminate your right to obtain financial compensation from the other driver. An insurance company may accept your admission of guilt without further investigating the car accident, making you financially responsible for the property damage and injuries involved. Instead of admitting fault, allow an investigation to determine the cause of the crash.

Failing to Report the Accident to the Police

One of the most common mistakes made by car accident victims is skipping the phone call to the police from the scene. Many victims are reluctant to involve the police for fear of getting a traffic citation. However, calling 911 from the scene of a car accident is important. An auto insurance company will request a copy of your police report. Failing to call the police could cast doubt on your reliability as a witness and even result in allegations of insurance fraud. Furthermore, the police can help you build a case by gathering key information and evidence from the scene on your behalf.

Assuming You Are Uninjured

Even if you feel fine after a car accident, do not assume you have no injuries. Your adrenaline from the car accident could be masking symptoms in the initial hours after a crash. Do not tell the police or your insurance company that you have no injuries. Instead, say you are not sure whether you are injured. Then, go to a hospital right away so a doctor can check for hidden injuries. Follow your doctor’s treatment plan exactly and request copies of your medical records.

Not Gathering Evidence

If you can, collect any available evidence while still at the scene of your car accident. Failing to collect evidence, such as photographs of the crash scene, could hurt your chances of recovering fair compensation. Do your best to take pictures, speak to eyewitnesses and write down what you remember about the accident. If you are too injured to gather evidence yourself, ask a friend to do so for you.

Trusting an Insurance Claims Adjuster

When it is time to report your car accident to the at-fault driver’s auto insurance company, do not assume the insurance claims adjuster is on your side. The claims adjuster’s main goal is to save the insurance company money by devaluing your claim. Be careful when speaking to an adjuster. Do not admit fault, agree to give a recorded statement or rush into a settlement.

Signing Anything Before Consulting With an Attorney

Do not sign anything given to you by an insurance company without first bringing it to a car accident attorney in Houston . The car insurance company may be trying to take advantage of you by asking your permission to access your full medical records (often to search for pre-existing injuries) or accept a low settlement. Once you sign a liability release form, you generally cannot reopen your case or renegotiate for a higher settlement, even if the amount offered was too low. Before signing anything, consult with a lawyer.

Missing the Statute of Limitations

Texas has a statute of limitations, or deadline, on the ability to file a car accident lawsuit. This deadline is two years from the date of the car crash, in most circumstances. Your deadline may be longer or shorter based on the facts of your case. If you are filing a lawsuit against the government, for instance, you may have only a few months to bring a lawsuit.

It is important to consult with an attorney as soon as possible after a car accident. Otherwise, you could make a mistake and give up the right to file a lawsuit forever. An attorney can help you avoid all the most common mistakes people make after car accidents in Texas.

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Can a Traumatic Brain Injury Worsen Over Time?

Mon, 01 Feb 2021 17:40:00 GMT

A traumatic brain injury, also known as a TBI, refers to any harm or damage to the brain due to trauma. A victim could suffer a traumatic brain injury in an incident such as a fall, car accident or sports impact. It is extremely important for anyone who experiences a jolt or blow to the head to see a doctor immediately. Even if the symptoms are mild in the beginning, they can worsen over time.

Types of Brain Injuries

The brain is a complex organ. Any type of impact to the skull could lead to a corresponding brain injury. If the impact fractured or punctured the skull, it is an open head injury. If the impact damaged the brain by making it bounce or jolt around inside the skull, it is a closed head injury. Either way, the brain could suffer serious damage. The most frequent TBI diagnoses are:

A minor brain injury does not exist. Any degree or type of brain injury is a serious matter that demands immediate medical attention. Each patient will react differently to a traumatic brain injury, making symptoms and effects difficult to predict. In some cases, a victim may notice the symptoms of a brain injury immediately. In others, it may take a few hours or even days for the injury to progress enough to display symptoms.

TBIs and Delayed Symptoms

Although traumatic brain injuries are extremely serious, they do not always show symptoms right away. Bleeding or swelling in the brain, for example, can build up slowly over time, only presenting symptoms when the TBI has gotten severe enough to noticeably affect the patient. A patient with a TBI may notice any of the following symptoms either right away or sometime after the accident:

The possibility of delayed symptoms – or symptoms that are mild at first and worsen over time –is why it is so important for accident victims to go to a hospital right away after any incident or accident that impacts the head. A doctor can use medical tools such as x-rays and CT scans to search for signs of a hidden brain injury. A prompt diagnosis and professional medical care can make an enormous difference to a patient’s recovery from a traumatic brain injury.

The Long-Term Effects of Living With a Traumatic Brain Injury

The initial symptoms related to a brain injury are not all a victim may have to deal with. TBI victims may suffer permanent changes to their physical, emotional and cognitive functions. How long these symptoms last depend on factors such as the severity and location of the injury, how well the patient responds to treatments, his or her age and overall health at the time of injury, and a history of past head injuries.

Many patients with TBIs make full recoveries after a few weeks of rest and fluids. Those with more severe TBIs, however, may experience symptoms for months, years or life. Some TBI victims may experience exacerbated symptoms over time due to related health complications, such as an increased risk of dementia. Lifelong symptoms or complications can force a TBI victim to pay for many years of medical expenses, including medications, medical devices, rehabilitation and live-in care.

Planning for future medical needs – as well as losses such as lost capacity to earn a living – is something a personal injury lawyer in Houston can help a TBI victim with to ensure a fair financial outcome. If you or a loved one suffered a brain injury in any type of accident in Texas, contact an attorney for a free legal consultation.

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5 Hidden Injuries to Watch Out for After a Car Accident

Fri, 22 Jan 2021 20:53:00 GMT

Every year, thousands of people in Texas visit emergency rooms for car accident injuries. Some of these injuries are immediately apparent, such as lacerations or broken bones. In other cases, however, a car accident victim may not notice he or she has an injury until hours or even days after the crash. Learn five hidden injuries to watch out for after a car accident so you know when to seek the medical attention you need.

Concussions and Traumatic Brain Injuries

The brain is a complex organ that may not show immediate symptoms when injured or damaged. If you bump your head in a car accident, you might notice pain, headaches or dizziness right away – or it may take some time to experience symptoms. If a bump or blow to the head caused swelling or bleeding in the brain, for instance, this is a slower type of injury that may take several hours to show noticeable symptoms. It is important to see a doctor immediately after a car accident even if you don’t think you hit your head. A doctor can diagnose you with a traumatic brain injury before you notice symptoms.

Herniated or Slipped Disk

Spinal cord disks are the rubbery, donut-shaped parts that separate each vertebra. Spinal disks are what allow vertebrae to flex and move without pain or discomfort. If a car accident injures the back, it could cause a disk to slip out of place or rupture (herniate). This injury could cause severe pain, loss of feeling and loss of muscle control if the disk puts pressure on the nerves.

You may notice the symptoms of a herniated disk right away, or it could take weeks or months for symptoms to appear. In some scenarios, a car accident begins the injury by pushing the disk out of place, but a subsequent task, such as lifting heavy boxes, completes the injury by rupturing the disk. Do not rule out a car accident as the cause of a back injury, therefore, even several weeks after the crash.

Neck and Shoulder Injuries

Whiplash is one of the most common injuries from car accidents in Texas. Whiplash can occur when a collision whips the head and neck violently back and forth, causing the muscles, tendons and ligaments in the neck to stretch or tear. While you could feel pain in your neck and shoulders immediately after an accident, it could also take a few days for the pain to become noticeable. This is true for other soft-tissue injuries as well, such as muscle strains in other parts of the body.

Internal Injuries

Many car accidents damage internal organs. A broken rib could puncture a lung, for example, or the abdominal organs could collide with one another in a crash. Internal injuries can have immediate or hidden symptoms. You may not notice internal bleeding or damage to an internal organ until it worsens and causes serious symptoms. Be aware of stomach or abdominal pain of any kind after a car accident. Do not dismiss it; go to a hospital immediately for a checkup.

Psychological Injuries

Physical injuries are not the only type that may impact you after a car accident. You could also experience psychological injuries that make it difficult to move forward. The fear, stress and trauma related to a crash could cause a condition known as post-traumatic stress disorder (PTSD). PTSD can cause symptoms such as depression, anxiety, nightmares and flashbacks. Most victims do not notice the signs of PTSD, however, until a few days or weeks after a car accident.

As a car accident victim in Texas, you could be eligible for compensation for both physical and psychological injuries – even injuries with hidden or delayed symptoms. Speak to a car accident attorney as soon as possible after your crash for assistance seeking full financial compensation for all of your losses.

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What Happens If You Get Hit By an Uninsured Driver in Texas?

Mon, 18 Jan 2021 20:52:00 GMT

Auto insurance is a safety net that ensures every driver can afford the costs of an at-fault accident. Without insurance, the average driver cannot afford to pay for an injured victim’s medical bills and vehicle repairs. Unfortunately, not every driver in Texas obeys state law and obtains the required amounts of insurance. If you get hit by an uninsured driver in Texas, learn how to handle the recovery process.

What Are Texas’ Auto Insurance Requirements?

To operate a motor vehicle in the State of Texas, a driver must carry at least the minimum required amounts of auto insurance. It is against the law to operate a vehicle without the required insurance. This offense is punishable with a fine and the temporary suspension of the driving privilege until the driver can show proof of insurance.

Texas is a fault-based car insurance state. This means that after a car crash, the driver responsible for causing the collision will have to pay for the accident using his or her insurance. Unfortunately, many drivers in Texas disobey the law and operate motor vehicles without the proper amount of car insurance. This can make it impossible to hold the at-fault driver responsible for losses.

Do You Have Uninsured/Underinsured Motorist Insurance?

Since an uninsured driver in Texas will not have the coverage to pay for your medical bills and property damage, you will have to seek coverage elsewhere. Start with your own auto insurance policy. Even if you did not cause the accident, your own provider may cover the costs if you have the right type of insurance. Your policy will only cover losses if you have uninsured or underinsured motorist insurance.

These are optional, not required, types of car insurance in Texas. If you did not want this coverage when you purchased your insurance policy, you would have had to reject it in writing. If you don’t remember rejecting this coverage, ask your insurance agent if you have uninsured/underinsured motorist insurance. If so, you can file a claim for damages with your own insurance provider.

In this scenario, your insurance company will provide compensation to pay for your bills and losses, up to your policy’s maximum. If the other driver had some car insurance, but not enough to fully cover your losses, your claim will first use the other driver’s insurance, then turn to yours for additional coverage, as necessary. If you do not have uninsured or underinsured driver insurance, you may need to seek benefits through another legal outlet: a personal injury lawsuit.

When to File a Personal Injury Lawsuit

If the driver who strikes you is uninsured and you do not have the right type of insurance to cover your losses, your other option for recovery could be a personal injury lawsuit. A lawsuit could serve to hold the at-fault driver individually responsible for your losses, meaning he or she will have to pay you out of pocket.

However, most uninsured drivers in Texas do not have the personal funds to pay for an accident. Thus, you may need to seek compensation from a third party instead. Hire a car accident attorney to investigate your case and search for liable third parties. For example, the government in Texas could be liable for your car accident if it failed to fix a defect such as a pothole. Holding a third party responsible could pay for your car accident if that party has enough insurance.

If you do not have grounds to file a third-party lawsuit and do not have uninsured or underinsured motorist insurance, you may have to pay for your losses out of pocket. Speak to a lawyer in Houston for more information, however, before you accept your losses. A lawyer can help you investigate all potential sources of recovery.

The post What Happens If You Get Hit By an Uninsured Driver in Texas? appeared first on GES Injury Attorneys .

Accidents With Out-of-State Vehicles

Fri, 15 Jan 2021 20:50:00 GMT

Texas sees a large number of out-of-state travelers and tourists on a daily basis, making the odds of an accident with someone who does not reside in Texas relatively high. If you get injured in a car accident and exchange information with the other driver only to realize that he or she is from out of state, this may affect the insurance process.

Getting into a car accident with an out-of-state driver can complicate your claim. If you get into this situation, you may need a car accident attorney to assist you in pursuing fair compensation.

Which Laws Will Preside Over Your Case?

First, understand which car accident laws will apply to a case involving an out-of-state driver in Texas. This is important, as different states can have widely different car accident, negligence and fault laws. No matter what state the nonlocal driver is from, if the car accident occurs within the boundaries of Texas, the laws of Texas will preside over the case. Texas has jurisdiction over all car accidents that take place within state lines.

Texas is a fault-based car accident state. This is the opposite of a no-fault state. After a car accident in Texas, you will seek financial recovery from the person or party responsible for causing the car accident. The person at fault for the collision will have to pay damages, or financial compensation for victims’ injuries and property repairs. In a no-fault state, victims seek compensation from their own insurance companies, regardless of fault.

What If the Other Driver Does Not Have Enough Insurance?

Once you have established that the other driver is at fault for causing your car accident, you will file a claim with that driver’s insurance company. In Texas, every driver must carry a minimum of at least $30,000 in bodily injury coverage per person, $60,000 in coverage per accident and $25,000 in property damage liability.

If you get into a car accident with an out-of-state driver, he or she may not have the same minimum insurance requirements in his or her home state as in Texas. However, this will not matter when it comes to seeking coverage for your losses. Once a driver crosses the Texas state line, Texas’ minimums override the other state’s insurance minimums. If the driver traveled from a state with lower insurance requirements, therefore, the insurance would automatically increase to meet Texas’ liability requirements.

What If the Other Driver Goes Back Home?

It will not affect your case if the other driver returns to his or her home state after your car accident. You will still have the same ability to pursue financial compensation through a fault-based insurance claim. The at-fault driver’s insurance company will review your case, conduct an investigation, and either accept or deny benefits. If the insurance company accepts your claim, expect a settlement check mailed to you within a few weeks.

Where Would You File a Personal Injury Lawsuit?

If the insurance company denies your claim or will not offer as much as you deserve, you may need to hire a car accident attorney to help you pursue a fair outcome in court. Should your car accident case with an out-of-state vehicle end up in court, you can file your lawsuit in Texas (where the car accident occurred) or in the state where the at-fault driver lives.

If you file in Texas, it will be the other driver’s responsibility to travel to Texas if he or she is needed during a court hearing. A lawyer can help you track down an out-of-state driver who tries to flee his or her financial responsibilities. Do not try to take on a car accident lawsuit by yourself – especially if your case involves a complication such as an out-of-state vehicle. Hire an experienced attorney to represent you for the best possible case outcome.

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Damage Caps in Texas Injury Cases: When They Apply

Mon, 11 Jan 2021 20:49:00 GMT

If you get seriously hurt in an accident because of someone else’s carelessness, that person will have to pay for your injuries and losses. In Texas, you have the right to hold a negligent party accountable for economic and noneconomic damages. However, there are laws in Texas that limit how much money you can recover during certain types of personal injury lawsuits . These laws are called damage caps.

What Is a Damage Cap?

A damage cap is a law that exists in some states. It places a cap, or limit, on the amount of money available to an injured party in a personal injury lawsuit. Damage caps came about as a way to reduce the number of frivolous personal injury claims being filed. With a limit on how much money a plaintiff can recover, lawmakers hoped to discourage fraudsters from filing false personal injury claims. In this way, damage caps aimed to make the justice system more efficient.

Damage caps also prevent important institutions from going bankrupt if they have to pay out large injury settlements. For this reason, damage caps often exist in cases against public entities, government agencies and health care institutions. These are institutions that the public needs; they cannot afford to go bankrupt from injury lawsuits that end in enormous settlements. Thus, many states – including Texas – passed damage cap laws to protect key institutions.

What Are the Damage Caps in Texas?

For many years, damage caps have been a point of disagreement among lawmakers. Many state lawmakers have argued that damage caps are unconstitutional for injured accident victims. This argument has led to the taking away of damage caps in many states. Texas, however, is one of a few states that still enforce damage caps. There are three scenarios in which a damage cap could limit the amount of money you receive in an injury lawsuit in Texas.

Punitive Damages in All Personal Injury Cases

Punitive damages are only available in cases where the defendant was grossly negligent, malicious or intentional in causing harm. For example, if the defendant injured the plaintiff through a crime such as assault, punitive damages may apply. Texas Civil Practice and Remedies Code Section 41.008 caps punitive damages at the greater of twice the total amount of economic damages plus an amount equal to noneconomic damages (up to $750,000), or $200,000. However, this cap will not apply if the wrongful act was a felony crime.

Noneconomic Damages in Medical Malpractice Cases

Section 74.301 of the law states that in an injury claim against a physician or health care provider for alleged medical malpractice, there is a limit on noneconomic damages of $250,000 per claimant and $500,000 per incident, for a total of $750,000 available maximum. Noneconomic damages refer to the intangible losses incurred due to malpractice, such as emotional distress, pain and suffering, and mental anguish. This cap does not change the amount available in economic damages, which pays a victim for medical bills, lost wages and other out-of-pocket costs.

All Damages in Claims Against the Government

If you need to file a claim against a government entity, such as the City of Houston, a damage cap will apply to both types of damages – economic and noneconomic. Section 101.023 of the law states that a government entity’s liability is limited to no more than $250,000 per person and $500,000 per occurrence. This limit drops to $100,000 for property-damage-only claims.

Will a Damage Cap Apply to Your Personal Injury Case?

Although Texas currently does have damage caps, they will only apply to certain types of cases and categories of damages. For the most part, a general personal injury claim for something such as a car accident or slip and fall accident will not be subject to a damage cap in Texas. The average injury claim will not involve punitive damages.

A damage cap may apply to your case, however, if you are pursuing a medical malpractice claim or claim against the government. This cap could restrict how much money is available for your injuries and losses. For more information about whether one of Texas’ damage caps will apply to your injury case, consult with an attorney.

The post Damage Caps in Texas Injury Cases: When They Apply appeared first on GES Injury Attorneys .

When to Yield the Legal Right-of-Way in Texas

Fri, 08 Jan 2021 20:47:00 GMT

Car accidents are a high injury risk in Texas. In 2019 alone, one person was injured in a car accident every two minutes and three seconds (source: the Texas Department of Transportation ). Car accidents are avoidable when a driver exercises due care behind the wheel. When a driver breaks roadway rules, such as failing to yield the right-of-way, collisions occur. If you are not sure when to yield to someone else while driving in Texas, learn the law before you cause an accident.

Right-of-Way Laws in Texas

In Texas, right-of-way laws are designed to protect all road users – drivers, bicyclists and pedestrians. The key law pertaining to stop signs and red lights is Texas Transportation Code Section 544.010 . This law states that unless otherwise directed by a law enforcement officer, a driver approaching an intersection with a stop sign must come to a complete stop. Then, the driver may or may not have to yield depending on the applicable law.

Texas’ right-of-way laws are some of the most complicated and talked about laws in the state. Many drivers think they understand rights-of-way when really, they are confused and do not know when to yield and when to proceed. This confusion, along with drivers who know the law and intentionally failed to yield, contribute to many car accidents each year.

Pedestrian Rights-of-Way

Pedestrian rights-of-way are their own category of law in Texas. Pedestrians walking or jogging through Houston have special rights to the roads, sidewalks and crosswalks. When drivers break these laws and ignore pedestrian rights, devastating pedestrian accidents occur. Texas’ pedestrian right-of-way laws are found mainly in Chapter 552 of the Texas Transportation Code .

If you fail to yield the legal right-of-way when the law says you should, you could be responsible for a subsequent auto accident. Failing to yield can cause car, bike and pedestrian collisions, along with serious injuries. If you were injured in an accident and believe the other driver to be at fault for failing to yield, consult with a personal injury attorney about holding the driver accountable for your losses. A lawyer can help you prove fault by establishing which right-of-way law the driver broke.

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What the Attorney-Client Privilege Really Means

Mon, 04 Jan 2021 20:44:00 GMT

It is normal to worry about the security of private, sensitive information you give to a legal professional. The potential risks of this information falling into the wrong hands can be great. One of the greatest advantages of hiring an attorney, however, is the attorney-client privilege. This is a fundamental right to privacy you receive by retaining legal counsel.

The Five Cs of the Attorney-Client Privilege

Entering into an attorney-client relationship automatically gives you the right to have any communications between you and your lawyer protected from disclosure to any third party. This is a right that comes with the attorney-client relationship by nature. It is called the attorney-client privilege.

When defining the attorney-client privilege, many use the five Cs:

The purpose of attorney-client privilege is to allow a client to speak openly and freely with his or her attorney without the fear of the information being disclosed to a third party, such as a business, government agency or law enforcement. The underlying goal of this rule is to ensure someone seeking counsel from a lawyer can tell the lawyer secrets relevant to the claim without fear of them getting out. That way, the attorney can provide more accurate professional advice to the client.

Exceptions to the Attorney-Client Privilege

There are some scenarios in which the attorney-client privilege will not apply. First, if the client dies, this permits the attorney to reveal information held in confidence if litigation ensues from other parties filing claims under the deceased client. Second, if a client seeks advice from a lawyer on how to further a crime being committed, this is not privileged information. It is only privileged if the client has completed a crime and seeks defense counsel.

Third, if two parties on the same case are represented by the same attorney, neither client can assert the attorney-client privilege against the other party in a subsequent case (the common interest exception). Finally, in the case of a corporation, the right to use the attorney-client privilege is not absolute. If the corporation’s shareholders wish to access the information given to a lawyer, they can pierce the corporation’s attorney-client privilege.

What Does Attorney-Client Privilege Mean to You?

If you get injured in an accident in Houston and seek counsel from a Houston personal injury lawyer , anything said between you and the attorney will be held in confidence unless an exception applies. The attorney legally will not be able to disclose anything you discussed to any third party. Even if you admit to contributing to the accident, your lawyer cannot disclose this information to an insurance company.

You can feel safe giving sensitive information to your attorney thanks to the attorney-client privilege. Learn more about how this privilege works by asking an attorney.

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What Not to Say to an Insurance Claims Adjuster After an Accident

Mon, 14 Dec 2020 22:01:00 GMT

An insurance claims adjuster is someone the insurance company hires to assess your claim. The claims adjuster will review the claim submitted, call you for more information after the accident and analyze submitted evidence. The adjuster will then give his or her opinion on whether the insurance company should accept or deny your claim.

It is extremely important to know how to handle conversations with an insurance claims adjuster after an accident. The claims adjuster is not on your side and will not protect your rights. Instead, it is up to you to protect yourself by knowing what to say and what not to say to the adjuster.

Don’t: Admit Fault for the Accident

A cardinal mistake made by many injured accident victims is admitting fault for the accident. You might do this intentionally, without realizing its impact on your claim, or the adjuster may trick you into admitting fault. Be cautious not to say or imply that you were in any way to blame. This includes apologizing for the accident. Admitting any degree of fault for the accident can reduce or eliminate the compensation available. Instead of taking the blame, wait for an official investigation to determine who is liable.

Do: Stick to the Truth

It is important not to intentionally give the adjuster any misinformation. A misrepresentation of facts on your end could lead to an invalid insurance claim and even a criminal charge for insurance fraud. Always tell the truth when speaking to an insurance agent. It is also wise to keep your answers short and succinct. Do not give long, narrative answers or offer any information the insurance adjuster did not specifically request. Giving away too much information could allow the claims adjuster to twist your words around and use them against you.

Don’t: Assume You Are Uninjured

Another common mistake claimants make is to quickly answer no when a claims adjuster asks if the victim has any injuries. While you may not feel like you are injured, a professional medical exam could show that you have a hidden injury, an injury with delayed symptoms or an injury with masked pain due to your adrenaline from the accident. It is important to always go to a hospital before answering a claims adjuster’s questions about your injuries. Telling an adjuster that you are not injured will make it harder to obtain insurance benefits if a doctor finds an injury later.

Do: Say No to Giving a Recorded Statement

Insurance claims adjusters often call clients immediately after their accidents, before the client has the chance to fully understand what happened or receive an accident report from the police. This is an intentional strategy to try to obtain a recorded statement from the client before he or she knows the facts of the case.

Always say no to giving a recorded statement to a claims adjuster. Texas law does not require you to do so, and complying with the adjuster’s request could hurt your case. Getting you on record saying the wrong thing could paint you as an unreliable witness if further investigation finds it not to be the truth – even if you did not intentionally lie. The best way to protect yourself is by politely declining permission to record the conversation.

Don’t: Settle Before Talking to an Attorney

Insurance claims adjusters have training and experience in diminishing clients’ payouts. Insurance companies hire them with specific instructions to save the companies money by devaluing claimants’ injuries and losses. Protect yourself from common claims adjuster tactics by hiring a Houston personal injury lawyer to speak to the insurance representative for you.

Your lawyer can use aggressive negotiation strategies with the adjuster, avoid potential pitfalls and mistakes, and allow you to focus on your injuries with greater peace of mind. Your lawyer will not allow a claims adjuster to take advantage of you and will not say yes to a settlement that does not accurately reflect your losses. Talk to a lawyer in Houston for more advice about speaking to an insurance claims adjuster after an accident.

The post What Not to Say to an Insurance Claims Adjuster After an Accident appeared first on GES Injury Attorneys .

Punitive Damages in Texas

Fri, 11 Dec 2020 21:59:00 GMT

Damages in a civil claim refer to monetary awards available to injured victims or plaintiffs. in Texas, the civil justice system offers damages to plaintiffs to make them whole again after accidents related to negligence. The party that has to pay damages will be the person or entity most responsible for causing the plaintiff’s injuries and losses. While every successful civil claim receives compensatory damages in Texas, only a few receive punitive damages.

What Are Punitive Damages?

The two types of damages available to a plaintiff in a personal injury claim are compensatory and punitive. Compensatory damages pay for a victim’s injuries and related expenses, such as medical bills, surgeries, rehabilitation, medications, lost income, pain and suffering, and property damage. Compensatory damages make a victim whole again by granting him or her financial compensation for both economic and noneconomic losses.

Punitive damages, on the other hand, are not awarded to reimburse an injured accident victim for his or her losses. Also called exemplary damages, punitive damages are a monetary award with the purpose of punishing the at-fault party (defendant). Punitive damages may be appropriate in a civil case involving a defendant whose actions go beyond ordinary negligence. If a defendant is guilty of extreme negligence or recklessness, for example, he or she may have to pay punitive damages as a punishment.

When Will a Jury in Texas Award Punitive Damages?

In a personal injury lawsuit, the amount awarded to a plaintiff in damages, if any, is up to a jury’s discretion. The jury will listen to the plaintiff’s story and decide how much is reasonable to force the defendant to pay in damages. Punitive damages are also up to a jury to award. Under Texas law, all 12 jurors must agree on a punitive damage award, not just 10 out of 12 (as is the case with most civil verdicts). A jury in Texas may choose to award punitive damages in three main instances.

For the most part, an injured accident victim will have to request punitive damages from a jury during a civil claim to receive this type of award. It will be up to the plaintiff or his or her lawyer to establish eligibility for punitive damages. This may require proof of the defendant’s gross negligence, recklessness or intent to harm.

Is There a Cap on Punitive Damages in Texas?

The amount awarded in punitive damages is up to the jury. The jury will analyze the unique factors of the specific case, such as the severity of the defendant’s misconduct, to determine a fair and appropriate amount. A jury may also consult similar cases in the past to look for guideposts established in prior case law.

Many states, including Texas, place caps on punitive damage awards. Texas’ damage cap limits punitive damages to a maximum of $200,000 or twice the plaintiff’s total amount of compensatory damages (up to a maximum of $750,000), whichever is greater. If you are eligible for punitive damages, you cannot receive more than what the state’s damage cap permits.

It has gotten increasingly difficult to recover punitive damages in a Texas civil case due to stricter rules from the Texas legislature. If you believe you are eligible for punitive damages, consult with a Houston personal injury attorney for assistance with your claim. A lawyer can improve your chances of receiving punitive damages for your serious injury.

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Texas Pool Fence Laws

Wed, 09 Dec 2020 21:56:00 GMT

Drowning is one of the top causes of accidental deaths in the US. Ten people – including two children 14 or younger – die from unintentional drowning every day (source: the Centers for Disease Control and Prevention ). Fatal drowning accidents often occur in privately owned swimming pools. Many states, including Texas, aim to prevent swimming pool accidents by implementing pool fence laws.

What Are Texas’ Pool Fence Requirements?

Swimming pools are attractive nuisances, meaning they are dangerous property elements that are especially enticing to children. If you own a swimming pool in Texas, you are responsible for following all of the state’s related laws to keep the pool safe for children in your neighborhood. One of the most important is Texas’ fence and barrier requirements, as they are in place to prevent drowning tragedies. If you fail to fulfill Texas’ pool fence requirements, you could be responsible for a related drowning accident. You could also face fines if caught failing to comply with state and local pool barrier rules.

Different municipalities in Texas have the right to enforce other swimming pool laws. Check the laws in your city. As a swimming pool owner, properly maintain your pool for optimal safety. Replace broken or missing drain covers, use the proper balance of pool chemicals, and put up signs warning swimmers not to dive in shallow waters. These are a few basic responsibilities as a swimming pool owner in Texas. Ignoring your responsibilities could make you civilly liable for an accident in your pool.

Liability for a Pool Accident in Texas

Failing to abide by Texas’ pool fence requirements is a serious act of negligence that can lead to swimming pool accidents and drowning injuries. A child could wander onto a property and fall into a swimming pool that is not properly closed off. If a property owner breaks one of Texas’ pool fence laws, that owner could be legally responsible (liable). A property owner could face civil liability for negligently or knowingly breaking a pool fence law.

If your child was injured in a swimming pool accident that likely could have been avoided had the pool owner obeyed Texas’ pool fence laws, you may have grounds for a civil claim against that individual. Breaching one of Texas’ pool fence laws is an act of negligence that can place civil liability with the at-fault property owner. Liability means the owner will owe your family financial compensation for losses such as your child’s medical bills, physical pain and emotional suffering. Discuss your swimming pool accident case with a Houston personal injury lawyer for more information.

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Daycare Negligence in Texas

Mon, 07 Dec 2020 21:53:00 GMT

Trusting a daycare center in Texas with your child should not come with the risk of a serious injury due to negligence. Unfortunately, many daycare centers fail to properly care for the children they are responsible for. Daycare negligence can lead to serious and sometimes permanent child injuries. As a parent, you may be able to hold the daycare center accountable for your child’s injuries.

Common Types of Daycare Accidents and Injuries From Negligence

Every daycare center in Texas has a duty to provide a proper level of child care and supervision. A daycare center’s duties include maintaining a reasonably safe premises for children, properly supervising children, hiring an adequate number of staff members, and properly vetting and training employees. If a daycare center fails to fulfill any of its duties of care, serious child accidents and injuries can occur.

The legal term for a daycare center’s breach of duty is negligence. If a reasonable and prudent center would have done something differently to prevent the child’s injury, the daycare center in question may be guilty of negligence. The same is true of any of the daycare’s staff members. In some cases, child injuries are from intentional wrongdoing rather than negligence. Examples include child abuse in daycare centers. Whether a child’s daycare injuries are from neglect or abuse, the parents may have the right to file a lawsuit in Texas.

Common Daycare Center Injuries

A child may never be the same after a daycare center’s negligence causes a serious accident and injury. Daycare accidents can cause child injuries such as burns, lacerations, broken bones, dislocations, muscle injuries, traumatic brain injuries, spinal cord injuries, organ damage and permanent disabilities. Some injuries can even prove fatal for a child. If a prudent daycare center would not have caused the same accident, the daycare in question may be liable for damages.

Can You File a Lawsuit Against a Daycare Center for Negligence?

A daycare center will be liable for its own acts of negligence, as well as the negligence of its staff members. You may be able to bring a claim against the daycare center for a child injury caused by a negligent or criminal staff member. The rule of vicarious liability makes a daycare center responsible for the actions and omissions of its employees. Before the civil courts will award a family financial compensation for a daycare center injury, the family (or family’s attorney) must prove four main elements.

Proving an injury lawsuit against a daycare center in Texas can be difficult. If you need assistance, contact a Houston personal injury lawyer who accepts child injury cases. A plaintiff’s attorney can help you prove a daycare center’s negligence, recover compensation and achieve justice for your child’s injuries.

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Pedestrian Laws in Texas

Fri, 04 Dec 2020 21:44:00 GMT

Pedestrian-vehicle collisions are prevalent disasters in Texas – especially in metropolitan areas such as Houston and Dallas. In 2019 alone, the Department of Transportation reported 660 pedestrian deaths in Texas. This was a 5.43% increase from 2018. One of the most effective ways to prevent pedestrian accidents is for drivers to understand and obey Texas’ pedestrian laws.

Rights-of-Way at Traffic Control Signals

Pedestrian rights-of-way are the number one broken law in pedestrian-vehicle accidents in Texas. Many drivers do not understand or respect pedestrians’ rights to the road. This leads to preventable collisions at crosswalks and intersections. At traffic control signals in Texas, unless otherwise directed by an authority, pedestrians have the right to cross marked or unmarked intersections at green lights ( Texas Transportation Code 552.001 ). At yellow or red lights, pedestrians must yield to oncoming vehicles. Pedestrians must also obey traffic signals that display Walk or Don’t Walk signs.

Rights-of-Way at Crosswalks

In general, vehicle drivers must always yield the right-of-way to pedestrians in crosswalks. If a pedestrian is crossing the driver’s half of a crosswalk, that driver must come to a complete stop until the pedestrian has crossed the road. Pedestrians have the right-of-way at crosswalks when no traffic control signals are present or in operation, when the pedestrian is on the same side of the road as the vehicle in the crosswalk, and when the pedestrian is approaching the same side of the road fast enough to constitute a risk to the pedestrian if the driver proceeds. Failing to yield to pedestrians in these situations could cause preventable collisions.

Pedestrian Responsibilities in Texas

Although pedestrians often bear the right-of-way to cross the road in Texas, they may not leave a curb or walk into the roadway when it is not safe to do so. Pedestrians must look both ways and make sure no vehicles are approaching quickly enough to constitute a hazard before leaving the curb. It is against the law in Texas for a pedestrian to suddenly step into the road into the path of a vehicle that is too close to be able to reasonably stop.

Pedestrians also cannot cross the road at any place other than marked or unmarked intersections or crosswalks. Crossing the road at a place between two intersections is the traffic violation of jaywalking. Jaywalking could lead to a ticket in some cities in Texas. Finally, pedestrians must use sidewalks when they are present and accessible. If there is a sidewalk available, it is against the law for the pedestrian to walk in the roadway or on the shoulder of a road. With no sidewalk available, the pedestrian must keep to the far left side of the roadway – the side facing traffic. A pedestrian could be liable for an accident caused by breaking any of these rules.

What to Do After a Pedestrian Accident in Texas

If someone broke a pedestrian law and crashed into you while you were walking or jogging in Houston, you may be able to hold that person financially responsible for your injuries and losses. Start by collecting information from the scene of your pedestrian accident. Write down the driver’s name, a description of the crash, the vehicle’s license plate number and the driver’s insurance information. Take photographs of the crash scene, as well, if you can.

Always call 911 to report a pedestrian accident that causes injuries. Write down your police report number for future use. Go to the hospital immediately for a checkup and injury diagnosis. Ask to keep copies of your medical records. Then, call the driver’s insurance company to file a claim. Before you say yes to an insurance settlement, contact a Houston pedestrian accident attorney for advice. An attorney can make sure the driver’s insurance company offers an appropriate amount for your serious injuries.

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What Is Texas’ Leash Law?

Wed, 02 Dec 2020 21:21:00 GMT

Dog attacks can be violent and disastrous for victims. Serious dog bite injuries include puncture wounds, lacerations, and permanent scarring or disfigurement. In an effort to reduce the number of dog bite incidents, many cities and municipalities in Texas have leash laws requiring pet owners to properly restrain their dogs. If an owner breaks a leash law, that person may be liable for a subsequent attack.

State and Municipal Leash Laws

No state law in Texas makes using a leash universally mandatory. Instead, the state leaves it to each municipality to implement its own leash laws, if desired. A pet owner may not need to put his or her dog on a leash at all times if the city or county does not have a leash law. Most municipalities in Texas, however, do require leashes on dogs in public areas.

These are just a few examples of many different municipalities in Texas that require leashes and prohibit dogs from running at large. Many cities also enforce more stringent control requirements for dangerous dogs. Dogs earn the title of dangerous if they cause serious bodily injuries to other pets or people. Dangerous dogs may require muzzles and other restraints in certain cities. It is important for every pet owner in Texas to obey his or her city’s leash laws. Otherwise, preventable dog attacks can occur.

Who Is Liable If a Dog Bites?

Every year, dogs bite dozens of victims throughout Texas. Some of these attacks occur due to their owners breaking the law, such as ignoring a city’s mandatory leash requirement. If a pet owner in Houston walked a dog without a leash, for example, that dog could attack and bite someone. The owner would be unable to prevent the attack since the dog was not within his or her control.

A dog bite victim in Texas should consider whether the pet owner could be liable for damages, such as medical bills and pain and suffering, after an attack involving a breach of Texas’ leash law. Texas is a one-bite state, meaning the victim of a dog attack must prove the pet owner knew or reasonably should have known of the dog’s vicious propensities through a previous attack yet failed to prevent a second attack. A victim also has the right to base a claim on negligence, however. It may be possible to bring a negligence claim against a pet owner on the basis of a broken leash law, in certain scenarios.

Walking a dog without a leash in Texas could result in a fine and citation if the city’s municipal code requires leashes at all times. If the unrestrained dog injures a person or damages property, the owner could also face civil liability for a victim’s losses. This means the pet owner would be responsible for paying for property repairs and medical bills to make the victim whole again. Texas’ leash laws could play a part in a liability claim if a pet owner negligently or intentionally violated them.

If a dog running at large in Texas recently injured you, contact a Houston dog bite attorney for legal advice. The pet owner may owe you financial compensation.

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What Is the Difference Between Workers’ Comp and Employer’s Liability?

Wed, 18 Nov 2020 19:09:00 GMT

After an injury at work, two different legal options may be available. The simplest is a workers’ compensation claim. This is a no-fault insurance process. Your other option could be a liability claim against your employer, depending on the circumstances of your accident. It is important to explore both options with a workplace accident attorney in Houston . Otherwise, you may settle for less than your claim is worth.

What Is Workers’ Compensation?

Workers’ compensation is an insurance program that allows covered employees to seek insurance benefits for their medical bills and lost wages without having to prove anyone’s fault for the accident. Texas is the only state that does not make workers’ compensation insurance mandatory for employers. If your employer does have workers’ compensation insurance, you can use this policy to seek financial benefits for your losses after an occupational injury or illness.

To file a workers’ compensation claim, report your injury to your employer within 30 days of the accident. Your employer should follow up by filing a claim with its insurance provider. The insurance company will review your case and either accept or deny benefits. For the most part, workers’ compensation insurance will cover any injury or illness suffered while performing job-related tasks. If you have a successful workers’ compensation insurance claim, you will receive money for your full medical costs as well as about two-thirds of any lost wages.

You will not need to prove anyone else’s negligence to qualify for workers’ compensation benefits if your employer has this type of insurance in Texas. In exchange for no-fault benefits and a simple claims process, however, you give up your right to sue your employer. By agreeing to accept a workers’ compensation settlement, you forfeit your right to hold your employer liable for your accident. It is important, therefore, to review your other options with a lawyer before settling.

When Could an Employer Be Liable for an Employee’s Injuries?

A liability claim against your employer in Houston might be a better option in a few scenarios. It could be your only choice if your employer does not carry workers’ compensation insurance. It might also be a better choice if your employer negligently caused your accident and injury. If you have proof of an employer’s negligence, a liability lawsuit could result in greater financial compensation than workers’ comp. A successful lawsuit could repay you for 100% of your lost wages, for example, as well as pain and suffering damages.

Finally, you may wish to file a liability claim for your workplace accident if a workers’ compensation insurance company is not handling the case in good faith. If the insurer is denying liability for your injuries or offering less than you require, for instance, you may need to bring a lawsuit to achieve a fair recovery. A personal injury lawyer in Houston can review your particular case and give you advice on whether you should pursue a workers’ comp claim or an employer liability lawsuit.

If you have grounds for a liability claim, you or your lawyer will determine fault for your accident. Fault will go to the party that owed you a duty of care, breached this duty and caused your accident. The at-fault party might be your employer, a coworker, a contractor, a product manufacturer, a property owner or another party. Then, your lawyer will file a claim with the civil courts in your county that demands fair compensation for your losses. Your case will either resolve during pretrial negotiations or go to trial.

After any injury or illness in the workplace in Houston, contact an attorney for an overview of your options. Choosing the right course of action is the only way to recover fair compensation.

The post What Is the Difference Between Workers’ Comp and Employer’s Liability? appeared first on GES Injury Attorneys .

What Is a Truck’s No Zone?

Mon, 16 Nov 2020 19:05:00 GMT

Commercial trucks and 18-wheelers have many unique design elements that make traffic accidents more likely. One is the length of the trailer, which creates enormous blind spots for truck drivers. These blind spots are called the No Zone, warning other drivers to stay away. Driving a small passenger car in a truck’s No Zone could put you at risk of a deadly traffic accident.

Where Is the No Zone?

Commercial trucks have blind spots on all four sides. All four zones together comprise the No Zone. According to the Federal Motor Carrier Safety Administration , the official No Zone extends 20 feet in front of the truck, 30 feet behind the truck, one lane to the left of the truck and two lanes to the right of the truck. These are areas where the length of the trailer and the design of the cab make it difficult or impossible for the truck driver to see other vehicles. In general, if you cannot see the truck driver’s face in the truck’s side mirrors, assume the truck driver cannot see you.

When sharing the road with a commercial truck driver, do your best to avoid all four sides of the No Zone. If you need to enter the No Zone to pass a big rig, do so as quickly as possible. Avoid hovering for long periods in the No Zone, as this can increase the odds of the truck driver not seeing you and merging on top of you. Increase your following distance to at least 30 feet behind the back of a trailer. Never cut a large truck off when passing, as it will not have the braking capacity of a standard vehicle. Leave at least 20 feet of space when switching lanes in front of a truck.

Who Is At Fault for a Blind Spot Accident?

A truck’s No Zone can lead to many accidents in Houston. These accidents can cause catastrophic personal injuries, as well as injury lawsuits against the truck driver or trucking company. Liability for a truck accident involving the No Zone can be difficult to decipher. In general, the truck driver has the responsibility to look in his or her side mirrors to check for drivers in the No Zone before merging. It is always the merging driver’s duty to ensure the safety of the maneuver before changing lanes.

Any driver in Texas who wishes to switch lanes must check that the destination lane is clear before moving. The driver must use his or her blinker, slow down or speed up to match the speed of drivers in the destination lane, and wait until the lane is clear before moving. If a truck driver does not obey these rules when changing lanes, he or she could be at fault for an accident. If the truck driver merges on top of a smaller vehicle, he or she could be to blame for the collision. The blind spot accident may need further investigation, however, if the truck driver refutes liability.

Even a prudent truck driver may be unable to avoid a collision with a car in his or her blind spot. The truck driver may deny liability by stating that he or she could not see you hovering in the No Zone. This could lead to a claim of comparative negligence against you. If a reasonable and prudent driver would not have hovered in the truck driver’s blind spot, cut the truck driver off or tailgated the truck, the courts might agree that you are partially to blame for the collision. The courts would then reduce your financial award by your percentage of comparative fault.

Injured in a No-Zone Accident? Contact an Attorney

For the most part, liability for a blind spot truck accident will go to the driver who had the blind spot. In a No-Zone accident, this will be the truck driver. Under Texas’ rules of vicarious liability, a trucking company will be responsible for paying for the errors of its on-duty drivers. However, liability for a blind spot accident could go to both drivers in certain situations. For more information about liability and fault in your No Zone truck accident case, contact a Houston personal injury lawyer .

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What Is Reckless Driving in Texas?

Wed, 11 Nov 2020 19:03:00 GMT

Reckless driving is a common complaint in Texas car accident lawsuits. It is a dangerous practice that can cause severe personal injuries, such as traumatic brain injuries and spinal cord injuries. Reckless driving is against the law in Texas; it is a moving violation that can come with a citation and serious penalties. It is also a civil tort that can make the driver liable for an injured victim’s injuries and losses. It is important to know your rights if a reckless driver crashed into you in Houston.

Texas’s Definition of Reckless Driving

Texas Transportation Code 545.401 defines reckless driving as operating a motor vehicle with a willful or wanton disregard for the safety of other people or property. Reckless driving is a step beyond negligent driving. Rather than describing simple carelessness, reckless driving describes an action that will foreseeably cause harm, yet the driver commits it anyway. Reckless driving can describe many different behaviors behind the wheel that would foreseeably cause serious bodily harm, death or property damage to others.

It is largely up to the responding police officer whether or not a driver’s actions constitute reckless driving. If the officer believes the driver was operating a vehicle in a manner that willfully or wantonly put others in danger, the driver may face a reckless driving citation. According to Texas criminal law, reckless driving is a misdemeanor punishable by a fine of up to $200 and/or up to 30 days in the county jail. It is also a civil tort, meaning if the reckless driver causes a car accident, he or she will be liable.

What to Do If You Are the Victim of Reckless Driving

Reckless driving is extremely dangerous. It often causes more serious injuries than standard negligence due to high speeds, wrong-way driving and other factors. A victim of a reckless driving crash may suffer life-changing or permanent personal injuries. These can include broken bones, scarring, disfigurement, disabilities, organ damage, debilitation and emotional injuries. A reckless driver could also cause a fatal accident in Texas.

If you are the victim of a reckless driving accident, the law in Texas may entitle you to compensation from the at-fault party. The driver may owe you money for your past and future medical bills, pain and suffering, lost income, and other losses. You will have grounds to file a third-party claim with the reckless driver’s auto insurance company. The insurance company should grant you benefits based on the injuries suffered and the facts presented. If the reckless driver did not have insurance or it was a hit-and-run accident, however, you may have to seek benefits from your own insurance provider instead.

If your car accident involved an uninsured reckless driver, underinsured driver or hit-and-run, turn to your car insurance company for recovery. Your insurer will let you know if you have the right type of insurance, such as uninsured motorist insurance or comprehensive coverage. If so, the company will pay for your losses up to the policy’s maximum. If you do not have the correct type of insurance, your only other option is a claim against a third party, such as the other driver’s employer or the City of Houston.

Contact a Lawyer for a Reckless Driving Accident in Houston

It is important to recover fair compensation for a reckless driving accident, especially if it gave you serious or catastrophic personal injuries. Contact a car accident attorney in Houston as soon as possible if a reckless driver caused your crash.

The post What Is Reckless Driving in Texas? appeared first on GES Injury Attorneys .

Signs of a Concussion After a Car Accident

Mon, 09 Nov 2020 18:56:00 GMT

Head and brain injuries are common in motor vehicle accidents. They can occur when the forces of a car accident whip the head and neck rapidly around, damaging the brainstem. They can also occur as a result of the skull striking elements within the car, such as the steering column. It is important to recognize whether you have a concussion after a car accident in Houston. A concussion could escalate into a more serious traumatic brain injury if you do not seek immediate medical treatment.

Headache

A headache is one of the most common signs of a concussion or another type of head injury after a car accident. While the stress of the car accident alone could give you a headache, pay special attention to how you feel if you know you struck your head in the collision. If your headache worsens or persists even with over-the-counter medications, it could be a sign of a more serious brain injury. A headache combined with other symptoms of a concussion is also a red flag.

Dizziness, Spinning or Vertigo

If you feel dizzy after a car accident, it could be due to a concussion. Concussions can impact a victim’s equilibrium, leading to dizziness, vertigo, spinning and loss of balance. You may also have a concussion if you notice a sensitivity to light or sound.

Nausea or Vomiting

Other symptoms of a brain injury are nausea and vomiting. If you feel nauseous or your stomach is sensitive after a car accident, it may be a sign of a concussion. If you vomit soon after the accident, this could also be a sign that you suffered a head injury.

Changes in Your Sleeping Pattern

Some patients with concussions experience drowsiness or fatigue, while others have trouble falling asleep. Sudden sleeping problems that you did not experience before the car accident could point to a concussion. You may experience the desire to sleep much more than usual or have the opposite problem and struggle with insomnia.

Memory Loss

A concussion could impact the part of your brain responsible for storing memory. If you experience any type of memory loss, including being unable to remember what happened in the car accident, see a doctor about a potential brain injury. Severe or long-term memory loss is typically associated with a major brain injury.

Confusion, Disorientation or Trouble Concentrating

It is normal to feel confused or overwhelmed when thinking back to a car accident. You may not know exactly how the crash happened or what you did in the aftermath of a bad accident. If you continue to feel confused, disoriented or have trouble concentrating in the days following the crash, however, it could be a sign of a concussion. You should also not be confused about basic facts, such as the date or time of day.

Irritation and Mood Swings

A concussion from a car accident could cause changes in your mood, attitude and personality. The most common patient complaint is feeling irritable in the days or weeks after a crash. Irritability, being short-tempered, aggressiveness or anxiety could be signs of a potential brain injury if you did not experience these issues before your crash. The same is true for unexplained changes in your personality.

Loss of Consciousness

In a more serious case, a concussion can cause a temporary loss of consciousness. If you do not remember parts of your car accident, it may be a sign of blacking out due to a concussion. In general, the longer you lose consciousness, the more severe the head injury. A serious brain injury could also cause seizures or a coma.

Go to a Hospital With Any Signs of a Concussion

See a doctor for a checkup immediately after a car accident , especially if you notice any potential symptoms of a concussion. Keep in mind that a concussion may not show symptoms for a few hours or even days after your crash. Going to the hospital right away can help you diagnose and treat a concussion or another type of traumatic brain injury.

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What Are the Different Types of Bone Fractures?

Wed, 04 Nov 2020 18:54:00 GMT

A bone fracture is one of the most common personal injuries. A bone will fracture, or break, when too much pressure is exerted against it. If the bone cannot withstand the pressure, it will crack or break. A patient’s prognosis for recovery from a broken bone will depend on the type of bone fracture. If you have any type of bone fracture from an accident in Houston, you may have grounds for personal injury claim.

Nondisplaced vs. Displaced Fracture

A doctor will first categorize a bone fracture as displaced or nondisplaced. A displaced fracture is more serious. It refers to a bone that fractured into two or more pieces and shifted out of its proper alignment. A nondisplaced bone is also broken but it maintains its natural alignment. A nondisplaced fracture is a stable fracture, where the broken ends of the bone still line up and are not out of place.

Open (Compound) vs. Closed (Simple) Fracture

Next, a doctor will gauge whether the bone fracture is open or closed. An open fracture, also called a compound fracture, means the broken bone is protruding through the skin. A victim may be able to see the bone poking through the skin outside of the leg. Otherwise, there may be a deep gash that exposes some of the bone through the skin. An open fracture is vulnerable to infection. A closed fracture, also called a simple fracture, does not break the skin.

Transverse vs. Oblique vs. Spiral Fractures

A transverse bone fracture describes a break that goes in a straight line across the bone. An oblique fracture goes diagonally across the bone. A spiral fracture, on the other hand, travels in a spiral pattern around the bone. Spiral fractures are most common in the longest bones of the body, such as the tibia, fibula or femur. They can also occur in the long bones of the arms. Spiral fractures can occur in twisting incidents, such as a physical attack or entanglement in a piece of machinery. In general, transverse and oblique fractures are simpler to treat than spiral fractures.

Stress Fracture

A stress fracture is one of the most minor types of bone fractures. A stress fracture, also called a hairline fracture, does not break the bone completely. Instead, it lightly cracks the bone. A stress fracture can be more difficult to diagnose than a conventional fracture. Stress fractures are most commonly caused by repetitive motion or overexertion.

Greenstick Fracture

A greenstick fracture is also known as an incomplete fracture. It means the bone has cracked or splintered but not completely separated into two or more pieces. Greenstick fractures are most common in young children due to the soft texture of their bones. Softer bones tend to bend before they break, potentially causing fractures that resemble the splintering of a green stick (young plant).

Segmental vs. Comminuted Fracture

If one bone has two fractures with a floating piece of bone in between them, it is a segmental fracture. If a broken bone shatters into three or more pieces, it is a comminuted fracture. This type of fracture is severe and may require surgery – such as reconstructive surgery – to mend. In the most extreme cases, such as a crushed limb, a doctor may need to amputate a limb as a result of an untreatable comminuted fracture.

What to Do If You Have a Bone Fracture From an Accident in Texas

If an auto accident, fall accident, violent assault, sports incident or another type of accident gave you a bone fracture in Houston, Texas, you may have grounds to bring a personal injury claim . Contact an attorney for an in-depth case evaluation. An attorney can help you understand your rights under Texas law and bring a claim to damages on your behalf, if applicable. Your lawyer will help you fight for maximum compensation for your past and future losses.

The post What Are the Different Types of Bone Fractures? appeared first on GES Injury Attorneys .

How Do I Know If I Have a Punctured Lung From a Car Accident?

Mon, 02 Nov 2020 18:38:00 GMT

A car accident can cause many serious personal injuries to vehicle occupants. Two of the most common types of injuries are broken bones and internal organ damage. A punctured lung combines these two types of injuries; it is a fractured rib that punctures the vital organ of the lung. It is a serious car accident injury that can be fatal in extreme circumstances. It is critical to go to a hospital immediately if you believe you have a punctured lung from a car accident.

Symptoms of a Punctured Lung

A punctured lung is a type of lung injury in which the force of a car accident fractures a rib and causes the sharp piece of bone to tear the lung. If it tears the lung deeply enough, it can puncture it, meaning the lung will seep air into the chest cavity. A collection of trapped air in the chest cavity can put pressure on other organs within the victim’s body. A punctured lung can have several noticeable symptoms in the immediate aftermath of a car accident.

Depending on the injury, the symptoms of a punctured lung can be mild or intense. A punctured lung can ultimately result in pneumothorax, or a collapsed lung. A collapsed lung occurs when the buildup of air in the chest cavity puts so much pressure on the lung that it cannot expand. A collapsed lung can cause suffocation if not treated immediately. You may have a collapsed lung if you notice pain or tightness in the chest.

Punctured Lung Diagnosis and Treatment

Emergency treatment is critical for a punctured lung. If you notice any possible symptoms of this injury in the aftermath of a car accident or pedestrian collision in Houston, call 911 to request an ambulance. A doctor will diagnose a punctured lung by evaluating your symptoms and using a chest x-ray to search for black pockets of air within the chest cavity.

A punctured lung can quickly escalate into a collapsed lung, making it difficult to breathe. Emergency medical intervention can help prevent the collapse of your lung by inserting a syringe into your ribcage to relieve trapped air. This is a temporary procedure performed in an emergency as a placeholder for more permanent treatments, typically in the form of a chest tube.

If the punctured lung only leads to a small portion of the lung collapsed or no collapsed lung at all, you may not need professional treatment to recover. Your body may reabsorb the extra air on its own and re-expand your lungs. Even without treatment, a doctor will monitor your lungs with chest x-rays during recovery to make sure they fully re-expand. Most patients do not experience long-term symptoms from punctured lungs after car accidents. Treatment and intensive care, however, can cost thousands of dollars in medical bills.

Filing a Car Accident Claim for a Punctured Lung

If a doctor diagnoses you with a punctured lung after a car accident in Texas, discuss your rights with an injury attorney. You may be eligible to bring a personal injury claim against the at-fault driver. An injury claim could lead to compensation for the past and future medical bills associated with the punctured lung, as well as reimbursement for any missed wages while you stayed home from work to rest. An injury claim against the at-fault driver could result in greater compensation than an insurance company offers. Speak to a Houston personal injury attorney if you wish to bring a claim for a punctured lung after a car accident in Houston.

The post How Do I Know If I Have a Punctured Lung From a Car Accident? appeared first on GES Injury Attorneys .

Car Accidents in Construction Zones

Wed, 21 Oct 2020 22:09:00 GMT

Construction projects are necessary for improving and maintaining the safety of Texas’s roadways. The state commissions construction projects regularly to redesign outdated roads, expand narrow roads, install new traffic control devices and fix defects such as potholes. Unfortunately, the same construction projects meant to save lives sometimes result in driver, pedestrian and worker deaths. If you were injured in a car accident in a construction zone in Houston recently, find out who may be liable for your damages.

What Commonly Causes Construction Zone Car Accidents in Texas?

About 773 individuals lose their lives in highway work zone crashes per year, according to the Centers for Disease Control and Prevention . From 1982 to 2017, more than 27,000 people died in work zone auto accidents throughout the US. This number includes killed roadside construction workers, drivers, passengers, bicyclists and pedestrians. Many different hazards can increase the risk of car accidents in construction zones in Texas. Most of these hazards are preventable.

Car accidents in construction zones can cause severe injuries such as concussions, broken bones, lacerations, scarring, disfigurement and permanent disabilities. When approaching a work zone in the road, all drivers should slow down, pay attention to new roadway signs and be alert for nearby workers. Texas, like most states, enforces stricter penalties for broken laws in work zones. The person who is at fault for causing the construction site accident may also bear civil liability for causing an injured victim’s damages.

Who Is At Fault?

It is a driver’s responsibility to pay attention to the road, be alert to sudden changes, obey roadway signs and drive at a speed that is reasonable for conditions. A driver who tailgates, speeds or fails to drive prudently in a construction zone could cause a car accident. In this situation, the at-fault driver will be liable for damages and have to pay through his or her auto insurance policy. All drivers in Texas carry liability insurance to ensure their ability to pay.

Some construction zone accidents are not the fault of a driver, but the construction company or one of its workers. A construction company has a duty to maintain a work zone that is reasonably safe for all involved – including passing drivers, bicyclists and pedestrians. If the company or its workers breach this duty by leaving construction equipment in the road, failing to post warning signs or other acts of negligence, the company could be liable for an injured victim’s damages.

Is the City Liable?

There are circumstances in which the City of Houston could be liable for a car accident in a construction zone. If the road work is a city project, the city will bear some responsibility for the safety of the construction zone. The city may need to ensure proper detours and warning signs posted by the road, for example. Bringing a claim against the city requires special actions on your part. A claim against the government in Texas has a tighter deadline to file than a typical injury claim, for example. You must file within just six months of the date of your crash if you wish to hold the city liable for a construction zone car accident.

How Can You Recover Compensation?

Construction zones on roads and highways in Texas do not have to be dangerous. Negligent drivers and construction companies make them dangerous. If you or a loved one were injured in a car accident in a construction zone in Houston, someone may owe you financial compensation. A successful lawsuit against the city, a construction company or another driver in Texas could lead to the repayment of your medical bills, property repairs, lost wages, pain and suffering, and other losses.

Do not wait to contact a Houston personal injury attorney about a possible claim after a car accident in a work zone in Houston. Filing a lawsuit against the correct party could lead to financial compensation for your past and future losses after a construction zone car accident.

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What Is the Difference Between Wrongful Death and Survival Action?

Mon, 19 Oct 2020 22:07:00 GMT

Losing a loved one is distressing under any circumstances. If you have reason to believe someone had the power to prevent your loved one’s death and negligently failed to do so, it can be even more difficult to come to terms with the loss. In Texas, your family may have the right to file a wrongful death and/or survival action to pursue compensation for a preventable death. Compensation can bring justice to your loved one and provide financial stability. Learning the difference between the two types of cases can help you understand which is right for you.

What Is a Wrongful Death Claim?

A wrongful death claim serves as a tool for a family to recover compensation for its losses in connection with a relative’s death. A successful wrongful death claim will deliver compensation directly to the family without it having to go through the estate first. It is a civil lawsuit that claims someone else is responsible for the loved one’s death, and that as a result, that person should have to pay for the family’s related damages. Damages can be both economic and noneconomic during a wrongful death claim in Texas.

The amount a wrongful death case in Texas is worth varies according to the extent of the family’s losses. If a family loses its breadwinner, for example, the courts may award more compensation to make up for a lifetime’s worth of lost income. A wrongful death claim involving gross negligence or an egregious action by the defendant may also result in a greater award, as a judge may assign punitive damages.

What Is a Survival Action?

A survival action is another type of civil claim that may come after a negligence-related death in Texas. Rather than focusing on a family’s losses, a survival action focuses on the losses specific to the deceased victim (decedent). In essence, it pays the decedent’s estate what the decedent likely would have received had he or she survived the injury and been able to file a personal injury claim against the defendant. This type of claim can pay several damages straight to the decedent’s estate.

Compensation for a survival action will go to the decedent’s estate, not the person filing the claim. Any amount paid to a decedent’s estate in Texas will first pay off remaining bills and debts the decedent owes to collectors, including liens. Any amount remaining will then go to beneficiaries based on the decedent’s will or the rules of intestate succession. In general, a family or personal representative of the estate will have two years from the date of a victim’s death to file a wrongful death action. The courts toll the deadline for up to one year after the date of death, however, for a survival action.

When to Contact an Attorney

Filing a wrongful death claim or survival action in Texas is not meant to make everything right. Nothing can take back the death of your loved one. A successful suit may, however, allow you and your family to move forward with greater peace of mind by paying for bills connected to the loved one’s death. The person who caused your loved one’s passing may owe you and/or the decedent’s estate financial compensation. Discuss whether you have grounds for a wrongful death claim and/or survival action with a Houston personal injury attorney near you. A lawyer can help you file both types of cases in Houston.

The post What Is the Difference Between Wrongful Death and Survival Action? appeared first on GES Injury Attorneys .

Signs of Truck Driver Fatigue

Wed, 14 Oct 2020 22:05:00 GMT

Truck driving involves long, often boring, hours alone on the road for a truck driver. Long-haul trucking can require dozens of hours of driving to complete a trip. The risk of truck driver fatigue is high. Truck drivers are more likely to fall asleep behind the wheel than other drivers due to so much time on the road, odd sleeping/waking hours, sleep apnea and sleep deprivation. If you share the road with commercial truckers in Texas, always be on the lookout for signs of truck driver fatigue.

Drifting Over the Line

One of the most common signs of a drowsy driver is the inability to stay within the white lines of the road. A tired driver may doze off behind the wheel or close his or her eyes long enough to stop following the twists and turns of the road. If you notice a large truck drifting in and out of its lane, drifting into your lane, hitting the rumble strips on the side of the road, or crossing a median into oncoming traffic, the driver may have fallen asleep behind the wheel.

Speeding

A driver who knows he or she is fatigued may try to make it to his or her next stop as quickly as possible so the driver can rest. This can lead to a commercial truck exceeding posted speed limits for large trucks in Texas. A tired truck driver may also fail to notice his or her increasing speed or erratic driving behaviors. A speeding trucker could cause a catastrophic collision. If a speeding truck driver causes an accident, information from the truck’s black box could prove the truck’s speed at the time of impact.

Tailgating

Someone who is driving while drowsy may have a reduced sense of what is happening around him or her. Depth perception and reaction times may be off, resulting in the driver following another car too closely. If you notice a truck driver tailgating other drivers or coming to abrupt stops, these could be signs of driver fatigue. Tailgating can be deadly in a large truck, as the truck could crush the back of a smaller car or ride over its rear (override accident) in a rear-end accident.

Abrupt Braking

Truck drivers receive special training in how to come to stops in large commercial trucks. This is important, as large trucks use air disc brakes and have significantly less stopping power than passenger cars. The average truck takes about twice as long as a normal car to come to a stop due to its heavy weight. A prudent and alert truck driver will press the brakes well in advance when he or she sees taillights. A drowsy truck driver, however, may slam on the brakes at the last minute due to delayed reaction times.

What to Do If You Suspect Truck Driver Fatigue

Keep a safe distance away from a truck driver who is showing signs of fatigue. Stay far enough behind the truck to hit the brakes if the truck swerves or crashes in front of you. Call 911 and report a possible drowsy or drunk truck driver. Give the police the truck number, its license plate number and your location. Do not follow, tailgate or attempt to flag down a drowsy truck driver. If you witness a collision involving a driver who is showing signs of fatigue, pull to a stop to give your statement as an eyewitness.

If you were injured in an accident with a truck driver you suspect of fatigue, contact a Houston personal injury attorney to discuss your legal options. You may be able to file a claim against the drowsy truck driver for your medical bills, lost wages and property damages. In most cases, the trucking company will be vicariously liable for a fatigued truck driver who causes an accident. A lawyer in Texas can help you fight for compensation from the at-fault party using evidence of drowsiness, such as eyewitness statements and electronic logging devices.

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What Is Additur and Remittitur?

Mon, 12 Oct 2020 22:04:00 GMT

Most personal injury claims in Texas do not go to court. Some, however, require trials for fair outcomes for the claimants. A trial hands the decision of whether to accept or deny a plaintiff’s claim – and how much to award in compensation, if accepted – to a jury. If a personal injury trial does not result in the outcome one or both parties were hoping for, a party may have the right to file a motion to the court to increase the verdict (additur) or reduce the jury verdict (remittitur). Use a Houston personal injury lawyer for help understanding these options and how to get the most for your injury claim.

Understanding Additur and Remittitur

Additur and remittitur give both parties the option to request a different jury verdict if they are unsatisfied with the outcome of a court trial. The courts lend these options as a way to conserve legal resources and keep the justice system as efficient as possible. Rather than forcing the party to request a brand-new trial, the party has the option of simply requesting a different verdict. If a judge grants the request, he or she can avoid the lengthy process of a new trial that may end up with the same outcome as the first. Additur and remittitur are simpler, faster ways to change a jury verdict.

When Can Someone File a Motion for Additur?

It is not acceptable to file a motion for additur simply because the plaintiff thinks the verdict is too low. If the courts reduced the plaintiff’s recovery amount because of his or her comparative fault, for example, the plaintiff will not have the right to request more money. Additur is also not an acceptable motion to file just because the plaintiff does not agree with the verdict. Additur is only available to someone in Texas in certain situations.

Additur is something only the state justice system has the right to grant. A party cannot file a motion for additur at the federal justice level. In addition, a party can only file for additur if a judge has already denied a motion for a new trial. Additur is a condition of this type of denial. It is up to a judge whether to accept or deny a request for additur or remittitur.

When Can Someone File for Remittitur?

Remittitur is a motion filed with the courts most often by a defendant who believes the jury awarded the plaintiff an excessive amount of compensation. Its goal is to reduce the overall amount of damages awarded to the plaintiff during the civil trial. If a judge believes the amount awarded is not suitable for the circumstances of the case, the judge can force a plaintiff to file a motion for remittitur – whether the plaintiff wants to give up a portion of the award or not. A filer must base a motion for remittitur on a grossly excessive award. If the courts agree with the claims of the filer, it will reduce the amount of damages awarded to the plaintiff without requiring a new trial.

Additur and Remittitur Rules Recently Amended

In the past, only a defendant – not a plaintiff – had to consent to additur during a civil trial for the motion to pass. A case in 2019 called Orientale v. Jennings, however, ruled that additurs and remittiturs should require mutual consent by both parties. The Supreme Court ruled that both parties have the right to receive a jury trial. Thus, if one party does not agree to the motion for additur or remittitur, the remedy should be a new trial instead of reducing or increasing the jury verdict. This case established the unfairness of only requiring one party to agree to the motion, as this could mean the wronged party suffering the consequences.

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What Are the Top Reasons for Insurance Denials?

Wed, 07 Oct 2020 22:03:00 GMT

An insurance claim may be your ticket to financial compensation after a bad accident, but it is not the easiest process for victims to navigate. Rather than being on your side and wanting you to recover the full costs of your injuries, the insurance company will want to minimize your payout for better profitability. If an insurance company has denied benefits, it may not mean the end of your claim. Speak to a Houston personal injury lawyer for advice about how to contest a denial.

Lawful Reasons for an Insurance Company to Deny Benefits

Having a successful insurance claim in Texas is not easy. You will need to provide enough information and documentation with your insurance claim to show the company that its policyholder caused your injury and that your losses are coverable according to the policy. You may have to negotiate back and forth with an insurance claims adjuster for a fair outcome. If you receive a letter stating that the insurance company has denied your claim, it must also give you the reason.

These are examples of some of the most common reasons insurance companies give for denying benefits to claimants. If your denial letter did not state the reason, call the insurance company to ask for one. You can plan your next move based on the reason the insurance company gives you for withholding benefits.

What to Do About an Insurance Claim Denial

Even if the insurance company has a valid or lawful reason to deny coverage, you may have options for continuing with your claim. First, you can ask for an internal review of your case within the insurance company. Reply to the insurance company’s denial letter with a written request asking the company to take another look at your claim. You can improve your chances of an internal review succeeding by supplying further evidence to support your claim, such as additional medical records, if the company needs them. Look at the reason listed for the denial and do your best to remedy the situation.

If an internal review does not change the insurance company’s mind, your next option is to request an external review. Contact the Texas Department of Insurance to submit a formal complaint against the insurance company. The department will work with you to contact the insurance company, learn more about the denial and reverse the decision if it finds the insurance company does not have grounds to deny benefits.

Do You Have an Insurance Bad Faith Claim?

It is against the law for an insurance company to treat you unfairly or in bad faith. Unfortunately, this does not stop many insurance companies from intentionally mishandling claims and mistreating claimants. An insurance company may have unfairly or illegally denied your claim to save itself money. If you suspect an insurer of failing to resolve your claim promptly, fairly and reasonably, you may have grounds for a bad-faith insurance claim.

An insurance bad-faith claim alleges that the insurance company did not handle your case as an honest and reasonable insurer would have. It claims that the company wrongfully denied your claim and that you deserve additional compensation for insurance bad faith. If your lawyer succeeds in proving insurance bad faith, the company may owe you more money in penalties on top of paying out your original claim. Speak to an attorney right away if you believe you are the victim of insurance bad faith in Texas.

The post What Are the Top Reasons for Insurance Denials? appeared first on GES Injury Attorneys .

Should I Give a Recorded Statement to an Insurance Company?

Mon, 05 Oct 2020 21:59:00 GMT

After a car accident or another accident injures you, file an insurance claim in Texas to recoup the costs of your damages. One of the steps of the average insurance claim is a conversation with a claims adjuster. An insurance claims adjuster is a professional assigned to evaluate your case. A tactic most insurance adjusters use to save the company money is asking you to give a recorded statement. If you wish to preserve your rights, the best thing to do is politely decline to make this statement.

What Is the Insurance Company’s Goal in Asking for a Statement?

While the insurance claims adjuster on the phone may be friendly and act like he or she is on your side, the reality is that the adjuster’s goal is to minimize your payout to save the insurance company money. Asking you to give a recorded statement is not a means of learning more about your accident or processing your claim. It is a method insurance companies use to trick clients into putting information on the record before they are ready.

Insurance adjusters often ask for recorded statements shortly after your accident – sometimes, as soon as the day of or day after your accident. Asking for a statement this early is meant to gather information from you before you know what happened. If you change your story later, after an investigation gives you more facts, the insurer may use this as proof of your unreliability as a witness. The insurance company wishes to trap you into a contradiction to hurt your ability to recover compensation.

Another reason for requesting the recorded statement is to get you to admit fault or partial fault for the accident. The adjuster wishes to capture a statement while you are still stressed or flustered from the accident. If you say something incriminating against yourself, such as admitting to driving distracted or not wearing your seat belt, the insurance company can use this against you.

Should You Give the Recorded Statement?

The short answer is no, you should not give an insurance company a recorded statement about your accident. No law in Texas obligates you to do so, and its main purpose from the insurance company’s perspective is to hurt your claim. Even if the claims adjuster says it is a required part of the insurance process, reply that the law in Texas protects your right to refuse to give one. Remember, the motivation behind obtaining a statement from you is to negatively impact your claim. The adjuster wants to use the statement against you to avoid or minimize your payout.

If you do wish to give a statement, do so a few days or weeks after the adjuster initially asks. Waiting until the adrenaline from the crash has gone away and you learn more about the accident can allow you to give a clearer, more accurate statement to the adjuster. If you give a statement, keep your answers to the adjuster’s questions short and succinct. Be honest with your answers, but do not admit any fault for the collision.

When asked about your injuries or medical history, be especially careful. Injuries and symptoms often take days to fully manifest after an accident. Politely decline to talk about your injuries with a claims adjuster until you have seen a doctor and have an official injury diagnosis. In general, the less you say about your injuries to an adjuster, the better.

Pass the Insurance Claims Process to an Attorney

Do not give the insurance company a statement if you wish to fully protect your rights. It is understandable not to know what to say during conversations with an insurance claims adjuster as a claimant. If you do not feel comfortable discussing your accident with an adjuster, hire a Houston personal injury attorney to do so for you. An attorney can screen an adjuster’s questions, give a statement for you and keep the insurance company from infringing upon your rights.

The post Should I Give a Recorded Statement to an Insurance Company? appeared first on GES Injury Attorneys .

What Is Unjust Enrichment?

Thu, 17 Sep 2020 16:26:00 GMT

Most people picture negligence claims when they think of personal injury lawsuits. The most common situation that gives rise to a personal injury claim in Texas is one person’s negligence causing another person’s injury or harm. Unjust enrichment, however, is a different type of civil suit. It claims that one party (the defendant) benefitted or profited at the other party’s (the plaintiff’s) expense. An unjust enrichment claim is a combination of contract and tort law.

The Definition of Unjust Enrichment

Unjust enrichment occurs when someone benefits at the expense of another person. It is an issue that commonly arises in breach of contract lawsuits. If two parties enter into a contract to manufacture 500 items, for example, but the manufacturer can only complete 250 of them, the recipient would be unjustly enriched if he or she did not pay the manufacturer to keep the completed items. The law in this case would entitle the manufacturer to payment from the customer for the 250 items produced.

Unjust enrichment could cause personal injuries if a defendant breaches a contract or violates the law in a way that endangers the health or safety of the plaintiff. If a manufacturing facility secretly uses lower-quality parts to make a higher profit on producing a bicycle, for example, it could be liable for consumer injuries that arise from bicycle part malfunctions based on the legal doctrine of unjust enrichment.

Unjust enrichment can refer to many different scenarios in which one party benefits while the other party suffers a financial loss or personal injury. This includes a party receiving property in a way that is unfair, someone being guilty of criminal violations and one party withholding payment for services rendered by another party. If you believe you are the victim of unjust enrichment in Texas, speak to a Houston personal injury attorney for advice about how to bring a claim.

Elements of an Unjust Enrichment Claim

As is the case with all civil lawsuits, the burden of proof in an unjust enrichment claim rests with the plaintiff. Rather than the defendant having to prove him or herself innocent, it will be the plaintiff’s responsibility to prove the defendant guilty. During a civil claim, the standard is to show clear and convincing evidence that the defendant more likely than not caused the damages in question. This is a preponderance of the evidence, meaning the odds of the claim being true are more than 50%. It will be up to you – or your attorney – to prove the three elements of an unjust enrichment claim as more likely to be true than not true.

It is important to hire an attorney for an unjust enrichment claim. It can be difficult to prove your case and win compensation from a defendant on your own, without legal representation. A lawyer will understand how these cases work and what types of evidence you will need to prove your claim in Texas. Evidence could include a copy of your original contract with the defendant, expert testimony, and proof of your injuries or losses. A personal injury or breach of contract attorney can help you secure compensation for unjust enrichment in Texas.

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What You Need to Know About Spoliation of Evidence in Texas

Tue, 15 Sep 2020 16:20:00 GMT

In Texas, winning a personal injury claim takes using clear and convincing evidence to prove that the defendant more likely than not caused the accident and injuries in question. Evidence is a critical part of an injury lawsuit or insurance claim in Texas. The spoliation of evidence – the loss or destruction of evidence – has to do with the evidentiary standards of an injury claim. It does not describe a separate civil tort. It is important to understand how the courts deal with the spoliation of evidence in case a defendant is guilty of this tort during your injury claim.

What Is Spoliation of Evidence?

Spoliation of evidence describes spoiling, ruining, destroying or eliminating key evidence that could have been useful for someone else during a civil or criminal case. The spoliation of evidence can be negligent or intentional. Either way, the defendant may have to answer for the preventable loss or destruction of material evidence. Material evidence can refer to many different sources of proof of a defendant’s negligence or fault for an accident.

Material evidence is the main source of evidence used to prove or disprove a fact during a case. The different types of material evidence are real, demonstrative, documentary and testimonial. The destruction of any type of evidence could lead to a spoliation of evidence charge. If another person in the same position reasonably would have been able to save or preserve the evidence in question, the defendant may be guilty of this tort.

How Will Spoliation of Evidence Affect Your Injury Claim?

Spoilage of evidence is not grounds for an independent tort claim, according to Texas law. This means you cannot bring a separate civil claim against a defendant for destroying evidence – even if the defendant was negligent or intentional in allowing the destruction of evidence. Instead, Texas law treats the spoliation of evidence as an evidentiary issue during a personal injury claim. The courts will handle this issue with a remedy that is appropriate for the circumstances of the case. In past cases in Texas involving the spoliation of evidence, the courts set a precedent of analyzing the situation based on three elements.

If one party succeeds in proving the spoliation of evidence, the Texas courts have the discretion to determine an appropriate remedy. The courts will give the jury a spoliation of evidence instruction prior to deliberations. This instruction confirms that one party destroyed or failed to produce material evidence, and states that the jury should presume the evidence was unfavorable to that party. It will then be up to the jury to decide on liability while keeping the spoliation of evidence in mind.

The post What You Need to Know About Spoliation of Evidence in Texas appeared first on GES Injury Attorneys .

Is Texas a No-Fault State?

Thu, 10 Sep 2020 16:13:00 GMT

Every state has unique insurance requirements for its motor vehicle drivers. Before you can lawfully operate a vehicle in the State of Texas, you must purchase adequate auto insurance. If two drivers get into a car accident in Texas, the injured party will seek benefits from the at-fault driver’s insurance company. This is a fault-based insurance system. This arrangement means that Texas is not a no-fault state.

What Is a No-Fault State?

A no-fault state is one in which a driver involved in a car accident does not have to determine or prove fault to receive insurance benefits. Instead of filing an insurance claim against the at-fault party, injured drivers in a no-fault state will seek benefits from their own insurance providers, regardless of fault. A no-fault state uses first-party insurance claims to reimburse victims for their medical bills and vehicle repairs without requiring proof of fault. In a no-fault state, only the most serious injuries will give a victim the right to hold a negligent or reckless driver responsible. In Texas, however, this is not the case.

What Is Texas’s Fault Law?

Texas is a fault-based insurance state – also called a tort insurance state. A tort is a wrongful act or breach of someone’s rights. Texas’s insurance law means that after an accident, the at-fault driver will be financially responsible for damages. Texas’s fault law says that if one driver is guilty of a tort that caused the car accident, such as drowsy or distracted driving, that driver will have to pay for an injured victim’s related losses. An at-fault driver will pay for these damages using his or her auto insurance coverage.

In Texas, it is a legal requirement for a driver to show proof that he or she can pay for car accidents. Proof of financial responsibility comes in the form of mandatory auto insurance. The minimum requirements for car insurance in Texas are $30,000 in injury coverage per person, $60,000 per accident and $25,000 in property damage liability. Several other optional types of insurance coverage are also available, including collision and comprehensive coverage.

How to Settle a Car Accident Claim in Texas

After a car accident in Texas, remain calm and call 911 to report the accident. It is mandatory to report accidents immediately to the police in Texas if they cause personal injuries, fatal injuries or more than $1,000 in property damages. Request a crash report from the police officer. This can provide evidence for the insurance process. Write down the at-fault driver’s full name and contact information, as well as the name of his or her insurance company. Receive immediate medical care for your injuries. Then, call the at-fault driver’s insurance company to report the wreck.

File a claim to damages with the at-fault driver’s car insurance provider. Submit a comprehensive list of all expenses related to the collision, including emergency medical care, hospital stays, treatments, vehicle repairs, a rental car, travel expenses, lost wages, legal fees and out-of-pocket costs. Your lawyer may also recommend seeking damages for pain and suffering during the insurance process. Submit your claim and wait to hear back from the at-fault driver’s insurance company. In some cases, your own car insurance provider may cover your damages upfront and then request reimbursement from the other party on your behalf.

What If the Other Driver’s Insurance Company Refutes Liability?

Living in a fault-based insurance state like Texas allows you to seek full compensation for your damages by holding the at-fault driver liable. A fault claim generally results in greater financial compensation than a no-fault claim. The downside of living in a fault state, however, is that you will have to prove the other driver’s liability before you receive compensation. This can be difficult if the other driver is refuting fault or the insurance company is refusing to cover your damages. If you encounter these challenges, contact a Houston car accident attorney for assistance. An attorney can help you navigate Texas’s fault-based insurance system.

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Who Pays for a Rental Car After an Accident in Texas?

Tue, 08 Sep 2020 16:10:00 GMT

You have to deal with many challenges as the victim of a car accident in Texas. One is getting around without your car. Life will carry on while your vehicle is out of commission. You need another way to travel while your vehicle is in the shop or you wait for an insurance check to pay for a new car. Figuring out whose responsibility it is to pay for a rental car after an accident may take assistance from a Houston personal injury attorney .

Your Insurance Provider

First, find out if you have rental car coverage on your auto insurance policy. Benefits from your own provider can be the fastest and easiest way to cover the costs of a rental vehicle after an accident. In Texas, rental vehicle insurance is optional. The only mandatory types of insurance are property damage and bodily injury liability coverage. Rental car, medical pay, collision, comprehensive and uninsured/underinsured motorist insurance are all optional types of coverage.

If you caused the car accident, your insurance company may cover the costs of a rental car if you purchased this type of insurance. Your insurance premium may increase due to your negligence or fault. If you were at fault and you do not have rental car coverage, you may have to pay out of pocket for your rental after a crash instead. If you did not cause the accident, the other driver’s insurance carrier may be responsible for the costs of your rental vehicle.

The Other Driver’s Insurance Provider

You could receive a rental car expense-free from the other driver’s insurance carrier in one of two ways. The first is to seek coverage through your own insurance company first, then allow your carrier to seek a refund from the other driver’s insurer. This is a process called subrogation. Insurance subrogation means to front the costs for a policyholder during the insurance process, then pursue reimbursement from the at-fault party’s insurer. Subrogation saves your insurance company from having to pay for damages that were not your fault.

A first-party claim can be the path of least resistance for reimbursement for a rental car after a car accident in Texas. You may have another option, however – seeking insurance coverage directly from the company of the at-fault party. With this option, you may have to pay out of pocket for a rental car at first, then seek reimbursement from the other driver’s insurance provider later. Note, however, that the other driver’s insurance company could take its time processing your claim, leaving you without compensation for your rental car and other damages for a longer amount of time.

If you have to pay out of pocket for your rental car, ask your insurance provider which company to use. Some insurers have contracts with specific rental agencies. Going to the right one could make the claims process easier. Choose a car that is comparable to the one you crashed to ensure insurance coverage. An insurance company will not cover the costs of a sports car, for example, if you crashed an economy vehicle. Keep your receipts and the rental car agreement as evidence of your losses for an insurance claim later.

When to Hire a Car Accident Attorney

It can be difficult to know who is responsible for paying for a rental car after an accident. In Texas, the fault-based insurance system means the party that caused your collision will be liable for your damages – including the costs of a car rental. You may have to seek initial coverage from your own insurance provider first, however, or temporarily pay out of pocket. A car accident lawyer can help you handle a claim involving a damaged or totaled motor vehicle. Your lawyer can arrange a rental car for you and seek reimbursement or coverage from one or more insurance companies on your behalf.

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How the Sudden Emergency Defense Works in Texas Law

Thu, 03 Sep 2020 16:07:00 GMT

After an accident in Texas, the injured party and the at-fault party may end up in a civil liability dispute. A civil lawsuit seeks to reimburse an injured or wronged party for his or her damages by holding the negligent party accountable. The purpose of a tort claim is to extract financial compensation from someone who behaved negligently. The negligent party may avoid or reduce his or her liability, however, by using the sudden emergency defense.

What Is the Sudden Emergency Doctrine in Texas?

The sudden emergency doctrine is a defense an attorney may use to combat allegations of his or her client’s negligence. The lawyer of the defendant, or at-fault party, could seek to reduce his or her client’s liability by arguing the existence of a sudden emergency in relation to the defendant’s actions. If, for example, a driver abruptly cut across three lanes of traffic and caused an accident, his or her attorney could argue that the move was necessary because his or her tire blew out, creating a sudden emergency.

Lawyers use the sudden emergency defense most often in car accident lawsuits in Texas. Sudden emergencies while operating a motor vehicle could lead to split-second driver decisions that ultimately cause or contribute to car accidents. Whether the defendant will be liable for the collision depends on the reasonableness of his or her response to an actual or perceived emergency. Common emergencies on the road include a child choking, a tire blowout, a vehicle malfunction, a truck losing its load, something obstructing the driver’s view or a child suddenly darting out into the road.

What Elements of Proof Are Necessary?

The sudden emergency defense could protect a defendant from liability for an auto accident or another type of accident in Texas if a jury concludes that another reasonable person would have acted the same way when faced with the same emergency. In this case, the defendant may not be legally responsible for resultant damages. Although the sudden emergency defense is not very common, it could work if the defendant’s attorney can show evidence of four main elements.

It will be up to the defense attorney to protect the defendant from liability using the sudden emergency defense. This tactic, however, relies on the facts of the case for proof. Evidence that may support a sudden emergency defense includes a police report’s description of the accident, eyewitness accounts, the driver’s cellphone records, accident reconstruction and testimony from crash experts.

When to Contact a Personal Injury Attorney in Texas

The point of the sudden emergency defense in Texas is to encourage, and not punish, people who take immediate action to respond to emergencies. Texas lawmakers want citizens to feel free to do what is necessary to save lives or get to safety without fear of liability for an accident. If you were responding to an unexpected emergency when you caused or contributed to a car accident in Texas, hire an attorney to help you present evidence supporting the sudden emergency defense.

It can also be important to hire an attorney if the at-fault party in your case is trying to use the sudden emergency doctrine to avoid paying for your damages. Your personal injury lawyer may be able to combat this defense by proving the defendant’s negligence in contributing to the emergency, or by showing that another person would have responded to the emergency differently. A personal injury lawyer in Texas can help you obtain fair compensation for your injuries and losses.

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What Is the Difference Between Ordinary Negligence vs. Gross Negligence?

Tue, 01 Sep 2020 15:52:00 GMT

After someone or something injures you in Texas, you could receive financial compensation for negligence. If you or your personal injury lawyer can prove that someone was negligent in causing or contributing to the accident, that person will owe you money for your related damages. If your lawyer can prove gross negligence, the law may entitle you to even more compensation. Learn the difference between ordinary negligence and gross negligence in Texas to understand your rights as an injured party.

What Is Negligence?

Almost all personal injury and wrongful death claims in Texas share a common foundation: the legal doctrine of negligence. The definition of negligence is any act or omission that a reasonably prudent person in the same circumstances would not commit. It can refer to an action or the failure to act. Proving negligence in Texas generally requires evidence of four main elements.

Ordinary negligence does not have to be intentional. Someone could be guilty of negligence without realizing the risks of his or her actions. For example, an inexperienced driver could text and drive without recognizing the related dangers. The driver would still be liable for a related auto accident even if he or she was unaware of the risks of distracted driving if a prudent driver would not have done the same thing. While a defendant may not face criminal charges for negligence, he or she will be civilly liable to the people his or her negligence injured.

What Is Gross Negligence?

The definition of gross negligence in Texas is any action or omission that involves an extreme degree of risk in relation to the probability and magnitude of potential injury to others ( Texas Civil Practice and Remedies Code 41.001 ). Gross negligence can also refer to a situation in which the defendant knew of the risks involved but proceeded with the action anyway with an indifference to the safety, rights or welfare of others.

No reasonable or prudent party would commit an act of gross negligence. It is an act or behavior that exhibits a willful or wanton disregard for the safety and wellbeing of others. Examples of gross negligence include a driver getting behind the wheel after 10 alcoholic drinks, a surgeon operating on the wrong patient and a trucking company ignoring signs of defective brakes. Gross negligence could make a defendant liable for greater damages than ordinary negligence in Texas. Gross negligence can be a difficult standard to prove during a personal injury case, however.

Gross Negligence and Punitive Damages in Texas

Gross negligence lies between ordinary negligence and criminal intent. It describes a reckless disregard for the safety of others. If a defendant is guilty of gross negligence, wanton misconduct, fraud or malicious intent to harm, he or she may have to pay you more money as a form of punishment for his or her actions.

Punitive or exemplary damages is an additional award on top of compensatory damages to punish a defendant. The cap on punitive damages in Texas is $200,000 or twice the amount of economic damages plus noneconomic damages up to $750,000 (whichever is greater).

A punitive damage award could greatly increase your financial recovery if you can prove gross negligence after an accident in Texas. Texas Civil Practice and Remedies Code 41.003 states that a plaintiff must prove using clear and convincing evidence that the defendant was guilty of gross negligence, fraud or malice to obtain punitive damages.

A jury must be unanimous in deciding that the defendant is liable for punitive or exemplary damages. A Houston personal injury lawyer may be able to help you prove your eligibility for punitive damages using evidence such as experts, eyewitnesses and police reports. Contact an attorney as soon as possible after an incident you believe involves gross negligence for a better understanding of your rights.

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Hit-and-Run Laws in Texas

Wed, 19 Aug 2020 17:41:00 GMT

Not every driver in Texas is responsible enough to fulfill his or her duties of care behind the wheel – including legal requirements after a car accident. Some drivers unlawfully flee the scenes of car accidents for fear of staying around to face the consequences of their actions. As the victim of a hit-and-run, you may not know whom to hold responsible for your damages. Turn to Texas’ hit-and-run laws for answers.

What Is a Hit-and-Run? What Are the Penalties?

Texas strictly enforces its hit-and-run laws. A hit-and-run, or leaving the scene of a car accident, is a crime in Texas. It could be a major crime – a felony conviction – depending on the circumstances. Texas Transportation Code 550.021 requires all drivers involved in accidents that cause property damage, personal injuries or deaths to stop as close to the scene of the wreck as possible. These drivers must also return to an accident if they initially left the scene.

While at the scene, a driver must determine if anyone requires aid. If so, the driver must render reasonable aid until the police arrive. The driver must also provide the required information according to Code 550.023: name, address, vehicle registration number and the name of the operator’s motor vehicle insurance provider. A driver must also show his or her driver’s license, if asked. If the driver strikes an unattended vehicle, he or she must stop and try to locate the owner. If the owner is unavailable, the driver must leave the required information in a conspicuous place on the unattended car.

Failing to fulfill these driver responsibilities is a second-degree felony hit-and-run crime in Texas if the crash caused the death of a victim. It is a third-degree felony if someone has a serious bodily injury. Otherwise, it is a misdemeanor. The penalties for a felony hit-and-run conviction is up to $5,000 in fines and/or imprisonment for no more than five years. A misdemeanor hit-and-run is punishable with $500 to $2,000 in fines and/or jail time of up to 180 days, depending on the severity of the accident.

What Are Your Options as the Victim of a Hit-and-Run?

The serious potential penalties are enough to prevent many drivers from committing hit-and-run crimes in Texas. If a driver does strike you and flee the scene without stopping, however, it is important to know your rights as a victim. You will have the right to file a lawsuit against the driver if the police identify and arrest the person guilty of a hit-and-run. An injury suit could hold the driver responsible and force him or her to pay for your damages through an auto insurance policy.

It is important to try to gather evidence to help with a police investigation after a hit-and-run accident, such as photographs and videos of the scene of the crash, eyewitness testimony, a detailed description of what you saw, the other driver’s license plate numbers (even partial numbers can help), pieces of the culprit’s vehicle left behind, and CCTV footage of the crash. The more information you can collect, the higher the odds will be of the police identifying and finding the at-fault driver.

If the police do not catch the culprit, you may have to turn to your own auto insurance provider for benefits. Even without the at-fault driver available, a first-party claim could pay for your damages if you carry uninsured motorist insurance. This type of coverage will treat your hit-and-run accident as if it were a collision with an uninsured driver. If you do not have this type of coverage, your only other option may be a third-party claim against someone other than the driver, such as the City of Houston for an unsafe roadway. Work with a Houston car accident attorney for a full overview of your rights after a hit-and-run accident in Texas.

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Injured in a Golf Cart

Mon, 17 Aug 2020 17:38:00 GMT

Many people in Houston, Texas rely on golf carts to get around. They are especially common in retirement communities, gated neighborhoods, beaches and golf courses – although Texas law permits them on regular roads that have speed limits under 35 miles per hour. Many people view golf carts as safe low-speed vehicles. In reality, golf carts can easily endanger the lives of drivers and passengers. Every year, people suffer serious and fatal injuries in golf cart accidents. If you were injured in a golf cart accident in Texas, find out how to recover compensation.

Why Do Golf Cart Accidents Happen?

A golf car accident could cause personal injuries such as traumatic brain injuries, spine injuries, herniated disks, broken bones, dislocations, sprains and strains, lacerations, and internal organ damage. A victim could live with the effects of a golf cart accident for life. A compensatory award for a golf cart collision could help a victim pay for losses such as medical bills and lost quality of life. The first step in building a claim after a Texas golf cart accident is identifying the cause of the crash.

One or more parties may owe you financial compensation for your medical bills, property damages, lost income, pain and suffering, and more after a serious golf cart accident in Houston. Once you or your personal injury attorney recognize who or what caused your golf cart accident, you can initiate a claim to damages against that party. You may need a lawyer to help you gather evidence against the person or entity that caused the collision.

Who Is Liable?

Texas is a tort-based accident liability state. After a golf cart wreck or another type of accident, liability will go to the party most responsible for causing the accident. All drivers must carry car insurance to cover victims’ damages after an accident. Operating a golf cart, however, does not require a driver’s license or insurance in the State of Texas. It could be difficult for victims to receive insurance benefits, therefore, for a crash involving a golf cart. Victims may need to seek compensation from a party that has applicable insurance coverage instead.

Common defendants in Texas golf cart accident claims are golf courses, motor vehicle drivers, property owners and product manufacturers. These parties generally carry insurance that could cover victims’ losses after a harmful golf cart accident. If a negligent operator caused the wreck, his or her homeowners insurance may cover losses if that person owned the golf cart. Otherwise, a victim’s recovery options may be limited. It is important to seek advice from an attorney after a serious golf cart accident in Texas. A Houston personal injury lawyer can help you explore all available outlets for financial compensation.

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Hit By a U-Haul in Texas

Wed, 12 Aug 2020 17:33:00 GMT

Not all car accidents in Texas involve two drivers who own the vehicles they are driving. Some involve rented vehicles, such as U-Hauls. Moving trucks can be difficult for the average person to operate. With no commercial vehicle training required to operate a U-Haul, the odds of a negligent or incompetent driver are high. If someone driving a U-Haul negligently crashes into you in Texas, assigning liability for your damages can be tricky. You may need a lawyer to investigate the liability of the vehicle operator, truck manufacturer, U-Haul or other parties on your behalf.

Who Is Liable for a U-Haul Accident?

In Texas, legal responsibility (liability) for an auto accident will rest with the person or party most at fault for causing the collision. This party can be difficult to name in an accident with complicated factors, such as a crash involving a rented vehicle. Rather than only having the other driver to blame for the crash, you may also have to consider the liability of the owner of the vehicle, such as a delivery truck company.

If the operator of the U-Haul was negligent in safely controlling the truck, causing your motor vehicle accident, the driver could bear liability for your damages. Since the driver was in a rented vehicle, you may be able to seek damage recovery from his or her rental insurance, if the driver purchased this optional type of coverage from U-Haul. In this case, U-Haul’s insurance carrier will cover your damages, including vehicle repairs and medical bills. If the driver opted out of rental insurance coverage, his or her personal auto insurance plan should cover your losses instead.

In a case involving third-party liability, such as the liability of a truck manufacturer for a defective part, the third party may have to pay for your damages. If you caused the accident or the at-fault party does not have any available insurance, you may have to seek damages from your own insurance provider instead. An investigation from a truck accident attorney could help you identify all liable parties for your U-Haul accident. A lawyer could also help you with the steps toward filing a U-Haul accident insurance claim.

What to Do After a Rented Vehicle Hits You in Texas

Protect your rights immediately after a collision with a U-Haul. Check yourself for personal injuries, then ask if anyone in the U-Haul has injuries. Offer your assistance, if necessary. Remove disabled vehicles from the road to prevent further collisions. Then, take additional steps to lay the groundwork for an insurance claim or personal injury lawsuit in Texas.

After receiving medical care for your U-Haul accident, contact an auto accident attorney for assistance with the claims process. Collisions involving rented vehicles such as U-Hauls or other moving trucks can be difficult to work through as a plaintiff. A lawyer can help you navigate an injury claim for the best possible results, all while protecting your rights.

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Can a Party Host Be Held Liable for Drunk Driving in TX?

Mon, 10 Aug 2020 17:31:00 GMT

Drunk driving is an illegal, reckless and extremely dangerous practice in Texas. In 2019, 886 Texans died in motor vehicle accidents involving drunk drivers. This was one-fourth of all people killed in car accidents in Texas in 2019. While many victims assume the defendant of a drunk driving accident claim will be the drunk driver, other parties may also bear liability for the crash. This could include the host of a party.

Social Host and Dram Shop Liability Laws in Texas

Multiple parties may be at fault for contributing to a driving under the influence (DUI) accident. In some states, this can include the person or party that supplied the drunk driver with alcohol the night of the accident. If a party had a responsibility not to serve the person for some reason – such as laws in Texas against giving alcohol to minors – and breached this duty of care, he or she could bear at least partial liability for a related DUI accident.

Many states have liability laws that hold dram shops (establishments that serve alcohol) responsible for overserving patrons. In these states, a bar or restaurant that served alcohol to an obviously intoxicated person could be liable for the actions and wrongdoings of that person, including driving drunk and causing an accident. Social host liability laws are not the same as dram shop laws, however. Some states have dram shop liability laws but do not hold social hosts to the same standards, or vice versa.

Texas is a social host liability state. Texas Alcoholic Beverage Code Chapter 2 contains the state’s dram shop and social host liability laws. These laws make it easier to hold a dram shop liable for a drunken person’s misconduct than a social host. Holding a party host liable for drunk driving in Texas is still possible, however, under certain circumstances.

When Is a Party Host Liable for a DUI Accident?

Texas’ social host liability law states that an adult 21 years old or older will be responsible for the damages an intoxicated minor (someone under the age of 18) causes as long as certain exceptions do not apply. First, the host of the party or gathering must not be the minor’s parent, spouse or legal guardian. Second, the adult must have knowingly served – or allowed someone else to serve – the minor one or more alcoholic beverages that contributed to his or her intoxication while on the adult’s owned or leased premises.

It can be difficult to bring a claim against a social host for a DUI accident in Texas. To have a valid claim, you or a lawyer must prove the host knew or reasonably should have known the intoxicated person was a minor and willfully provided that minor alcohol to the extent that he or she presented a danger to him/herself and others. If the drunk driver was over the age of 18, you typically will not be able to hold the social host responsible for damages. A host also will not be liable for a DUI accident for serving his or her spouse, child or court-appointed charge alcoholic beverages.

If the courts find the social host more than 50% responsible for the drunk driving accident, both the host and the drunk driver could owe you the full amount of your damages under Texas’ modified joint and several liability law. This could increase the financial recovery you receive for your medical expenses, lost wages, pain and suffering, and vehicle damages. Holding a social host accountable could also be important if the drunk driver does not have enough insurance to fully cover your damages. It is important to explore your right to hold a party host liable with help from a DUI accident attorney in Texas. You may require a lawyer’s assistance in proving social host liability.

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Is it Illegal to Eat and Drive in TX?

Wed, 05 Aug 2020 17:23:00 GMT

It is a driver’s legal responsibility to operate his or her motor vehicle safely and prudently – meaning without succumbing to dangerous distractions. Safely operating a vehicle requires a driver’s full cognitive, visual and manual attention. Eating and driving breaches this duty of care by removing a driver’s attention from the driving task. Whether or not a driver breaks an actual law by eating and driving in Texas, he or she could be legally responsible for a related crash.

Distracted Driving Statistics in Texas

Distracted driving is a major problem in the State of Texas and throughout the country. The National Highway Traffic Safety Administration states that driver distractions claimed 2,841 lives in 2018. In Texas alone, close to 98,000 car accidents in 2019 involved distracted driving. These collisions caused about 2,500 serious injuries and 378 deaths. Although cellphone use such as texting and driving is the main cause of driver distraction, tasks such as eating, drinking, chatting with passengers, personal grooming and changing the radio station could also cause driver distractions.

No Law Against Eating and Driving in Texas

It is not technically illegal to eat or drink while operating a motor vehicle in Texas. Texas does not have any laws specifically prohibiting eating while driving. If, however, a driver who is eating cannot safely or prudently control the motor vehicle because of this distraction, he or she could be guilty of reckless driving. Reckless driving is against Texas law under Transportation Code 545.401 . This law states that reckless driving is a misdemeanor crime punishable by a fine of up to $200 and/or up to 30 days in jail. The definition of reckless driving is to operate a vehicle with a wanton disregard for the safety of others.

A driver who is eating behind the wheel could also be guilty of an infraction if the distraction is enough to make him or her break a traffic law. If a driver who is eating fails to notice a light turn red, for example, he or she could be guilty of running a red light. Unsafe lane changes, failure to yield the right-of-way, speeding, drifting in and out of lanes, driving the wrong way, tailgating, and driving too slowly are all common mistakes a driver could make while distracted by food or a beverage. While the police cannot stop a driver for eating and driving alone in Texas, a driver who commits an infraction while eating could receive a ticket.

How Do You Prove Liability for Eating While Driving?

A driver does not have to be guilty of committing a crime to be liable for a car accident. Under Texas’ liability laws, the driver must only be guilty of negligence – a breach of his or her duties of care to other drivers – to be liable for a collision. Holding food or drink or looking down at one’s lap could remove the driver’s eyes from the road and hands from the wheel long enough to cause a car accident. Even if the driver was not guilty of reckless driving or another traffic infraction at the time of the accident, he or she could be liable if the distraction of eating caused the wreck.

If you were injured in a car accident involving a distracted driver who was eating behind the wheel, take photographs of any available evidence while still at the scene. This could include food wrappers or a beverage in the other driver’s front seat. Obtain the names of any eyewitnesses who might have seen the other driver eating or drinking. Then, contact a Houston car accident attorney for assistance building a distracted driving case. An attorney in Texas may be able to acquire additional evidence for you, such as receipts showing what time the driver ordered fast food. A lawyer can help you hold someone liable for causing a distracted driving accident by eating, with or without a broken law in Texas.

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Who Is at Fault for a Yellow Light Accident in TX?

Mon, 03 Aug 2020 17:15:00 GMT

Car accidents are one of the main causes of serious injuries and deaths in Texas. In a single year, the car accident death toll in Texas was 3,726, according to the Department of Transportation . Over 250,000 others were injured in motor vehicle accidents the same year. Many of these accidents occurred at intersections during red and yellow lights.

What Are the Rules at a Yellow Light?

Every state has traffic laws in place that specifically explain what should happen at an intersection during a yellow stoplight. Texas’ traffic control signal law is Transportation Code 544.007 . This law states that an operator of a vehicle facing a steady yellow signal must take it to mean that a red signal is impending and a green signal is ending. When facing a steady red signal, the driver must stop at the marked stop line or before entering the closest crosswalk.

A yellow light signals the change from green to red. While drivers may legally pass through intersections with steady circular green signals, they must come to complete stops at red signals. The yellow light is the intermediary between the two colors, warning drivers that the green light is ending and the red is coming. Its purpose is to provide time for drivers to stop before the light turns red.

Flashing yellow signals have different requirements for motor vehicle operators. According to Texas Transportation Code 544.008 , operators facing flashing yellow signals have the right to proceed through the intersection with caution. A flashing yellow signal tells drivers to reduce their speeds. It does not portend a coming red light or follow a green light. It remains a flashing yellow light to warn drivers to slow down and watch for cross traffic at these intersections. Speeding through a flashing yellow light could be a sign of driver negligence.

Did Another Driver Cause Your Intersection Accident?

Liability for a car accident under Texas’ tort-based insurance system will go to the driver at fault for causing the collision. After a crash in an intersection in Texas, you or your Houston car accident lawyer will need to figure out which driver is legally at fault. At a yellow light, the driver at fault will typically be the one who ran the red light. If the light is yellow for one driver, it is still red for others at the intersection. If you were passing through a yellow light when someone crashed into you, that person might have run a red light. The driver may have also failed to yield to you while making a left- or right-hand turn.

You still have the right-of-way to proceed across an intersection at a yellow light. Although by law you must slow down and prepare to stop at a yellow light, it is not the same as a red light. If the light was still yellow when your vehicle entered the intersection, you had the right-of-way. Another driver who crashed into you was either misjudging your speed and cutting you off when making a turn or running a red light. Either way, that driver would be at fault for your injuries and damages.

You may have a case against a driver who sped up during a yellow light if that driver was behaving recklessly in doing so. If another driver increased his or her speed to beat a yellow light but ended up running a red light, he or she could be at fault for crashing into you in the intersection. A possible exception is if the traffic control signal was malfunctioning or broken at the time of the car accident. If a broken traffic light caused your wreck, the city or state government could bear liability for the car accident through the negligent failure to maintain a safe roadway.

The rules at a yellow light can be unclear, making it difficult to understand liability for an accident. If you get into a yellow light accident in Texas, you may need a car accident lawyer to help you bring a damage claim against the correct party.

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Is Lane Splitting Legal in Texas?

Wed, 22 Jul 2020 16:22:00 GMT

Lane splitting is a controversial topic among motorists and lawmakers. Most states ban lane splitting for allegedly posing safety risks to those on the road. Advocates who support lane splitting, however, say it is a safer alternative for motorcyclists that can cut down on traffic congestion. Lane splitting in a state that does not allow it could lead to a traffic ticket, fines and other repercussions. If a motorcyclist causes an accident while illegally lane splitting, he or she could also face civil liability for damages.

What Is Lane Splitting?

Lane splitting refers to a motorcyclist driving between two lanes of traffic. When a motorcyclist rides on the dashed line between lanes instead of keeping to one, he or she is lane splitting. Lane splitting can occur on any road or freeway that has two or more lanes of traffic traveling in the same direction. It is most common when traffic is slow or stopped and a motorcyclist wishes to bypass slower-moving vehicles by riding between the rows.

The safety of lane splitting is a hotly debated topic. In 2015, the University of California Berkeley performed a study that ultimately led to the State of California removing language from its statutes that barred lane splitting. It was the first state to do so. The study analyzed nearly 6,000 accidents, about 1,000 of which involved lane splitting, and concluded that lane splitting was relatively safe when done prudently.

The study found the difference in speed between the lane-splitting motorcyclist and surrounding traffic was the largest predictor of injury. It suggested lane splitting at speeds of only 15 miles per hour or less, and only when surrounding traffic is moving at 50 miles per hour or less. Those who do not advocate lane splitting claim it can increase the risk of drivers hitting motorcyclists when changing lanes. It may also startle surrounding drivers into causing collisions.

Texas’s Lane-Splitting Laws

It is currently against the law for a motorcyclist to lane split in Texas. Section 545.060 of the Texas Transportation Code states that on a roadway with two or more lanes for traffic, a driver must drive entirely within a single lane as much as possible. A driver can only move from one lane when it is safe to do so. This rule applies to motor vehicle drivers as well as motorcyclists. Breaking this law by lane splitting on a motorcycle is a traffic offense. The penalty is a ticket for illegal passing or unsafe lane change, typically punishable with a fine of $175.

Lawmakers in Texas have tried multiple times to pass bills that would allow lane splitting. The most recent is State Bill 273 , introduced by Texas State Senator Kirk Watson in 2018. If passed into law, this bill would add a subsection to Statute 545.060 that gives an exception for motorcyclists. It would state that a motorcyclist may ride between lanes of traffic moving in the same direction during times of traffic congestion. The motorcyclist would have to move at a speed no greater than five miles per hour greater the rest of traffic, however, and only in traffic moving 20 miles per hour or less.

Unless lawmakers pass SB-273, lane splitting will remain illegal in Texas. In the meantime, all motorcyclists who try to lane split in the state could face traffic tickets and fines. If a motorcyclist lane splits unlawfully and causes an accident in Texas, his or her insurance company may have to pay damages.

Liability for a motorcycle accident in Texas will go to the party most responsible for causing the collision. Under the state’s comparative negligence law, a motorcyclist could be partially liable for a crash and still receive partial compensation. However, the courts will reduce the award by the same percentage as the motorcyclist’s fault. Obeying Texas’s roadway rules and not lane splitting while it remains illegal can protect a motorcyclist from legal trouble.

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What Are Texas’s Seat Belt Laws?

Mon, 20 Jul 2020 16:16:00 GMT

Seat belts are one of the most important safety systems for vehicles ever invented. They help reduce the risk of physical injuries in a car accident by restraining vehicle occupants to their seats. Used in conjunction with airbags, seat belts have the power to prevent most serious and life-threatening injuries. Many states require vehicle occupants to use seat belts at all times. Texas is one of them.

Does Texas Require Seat Belts?

Yes, Texas has a law requiring seat belts. Under Texas Transportation Code 545.413 , all vehicle occupants in seats with safety belts must use the belts while the vehicle is in operation. It is a breach of Texas’s seat belt law if a driver allows a child under the age of 17 who does not have to use a car seat to ride in a vehicle without securement by a safety belt unless the seat does not have one. All motor vehicles must have safety belts if they were part of the vehicle’s original equipment from the manufacturer.

Breaking the state law by failing to wear a seat belt while in a car in Texas could lead to a fine of $25 (minimum) to $200 (maximum). The fine is $25 to $50 for someone who is at least 15 years old failing to wear a seat belt while riding in a passenger vehicle. This is an infraction in Texas. The fine increases to $100 to $200, however, for breaking the law that requires children under 17 to use seat belts in passenger cars and vans designed to transport 15 or fewer passengers. Breaking this law is a misdemeanor in Texas.

Only a few exceptions to Texas’s seat belt law exist. If the person has a written statement from a licensed physician excusing him or her from wearing a seat belt, is a US Postal Service worker on duty, is delivering newspapers, is a meter reader, is driving a registered farm vehicle, or is using the car exclusively to transport waste, he or she does not have to wear a seat belt.

Texas’s Car Seat Laws

If you are transporting children, you must comply with Texas’s car seat laws as well. Section 545.412 of the law requires child passenger safety seat systems for all children who are younger than eight and under four feet, nine inches tall. A driver must keep the child secured in the safety seat for the duration of a drive. Failing to buckle a child into the correct car seat system for his or her age and height could lead to a misdemeanor charge and a fine of $25 to $250.

The Importance of Wearing a Seat Belt

Several national safety organizations stress the importance of wearing a seat belt or using a child car seat while in a motor vehicle. The National Highway Traffic Safety Administration (NHTSA) states that using a seat belt in the front seat reduces the risk of a fatal injury by 45%. Buckling up in a light truck reduces the risk of fatal injury by 60%. In 2017, seat belts saved 14,955 lives. The NHTSA estimates that an additional 2,549 people would not have died had everyone been wearing seat belts in 2017.

Can Not Wearing a Seat Belt Hurt Your Car Accident Claim?

One of the questions an insurance company might ask you after you submit a car accident claim is whether you were wearing a seat belt at the time of the collision. If you were not buckled up, it could negatively affect your claim. The auto insurance company may argue that you contributed to your own injuries by breaking Texas’s seat belt laws. This could lead to lesser compensation offered for your injuries. Breaking the seat belt law does not, however, stop you from seeking damages through a car accident lawsuit. You could still be eligible for compensation through a fault-based lawsuit against another driver, even without wearing a seat belt. Speak to an attorney for more information.

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Is Brake-Checking Illegal in Texas?

Wed, 15 Jul 2020 16:11:00 GMT

Brake-checking refers to one driver abruptly and unexpectedly hitting the brakes to tell another driver to stop tailgating. It is a dangerous response to an aggressive driver that can endanger the lives of both parties. If tailgating and brake-checking cause a car accident in Texas, it can be difficult to determine liability for damages.

What Is Brake-Checking?

Every driver must take care to leave enough following distance between the front of his or her vehicle and the rear of the next vehicle. A general rule of thumb is to leave at least one car’s length of distance between the two vehicles. A driver who follows too closely or tailgates is breaking roadway rules and may cause an accident. A rear-end collision could be the fault of the leading driver, however, if that driver brake-checked the tailgater.

Brake-checking is a means of retaliation against a driver who is tailgating. It refers to the leading driver abruptly slamming on the brakes to warn the following driver to leave more room. It is an aggressive driving technique that can lead to rear-end collisions and multivehicle accidents – especially in rainy or foggy conditions. It is not an acceptable or taught driving technique under Texas law. It is a type of reckless driving behavior that can lead to legal trouble for the guilty driver.

Penalties for Brake-Checking in Texas

Brake-checking is illegal in Texas under the state’s reckless driving law ( Transportation Code 545.401 ). This law defines reckless driving as operating a motor vehicle with a willful or wanton disregard for the safety of other people or properties. Brake-checking generally meets the definition of reckless driving in Texas, as the driver intentionally hitting the brakes in retaliation against another displays a wanton disregard for that driver’s safety. Brake-checking means a driver does not care whether he or she causes the following driver to crash into the back of the vehicle.

If a law enforcement officer witnesses brake-checking in Texas, he or she could stop the driver for a reckless driving infraction. This is a misdemeanor in Texas. The penalties for reckless driving include a fine of up to $200, confinement in a county jail for up to 30 days or both a fine and jail time. The penalties assessed will depend on the circumstances of the incident. If the driver is a repeat offender or causes an accident by brake-checking, he or she could face more severe consequences.

Who Is Liable in a Brake-Checking Accident?

Brake-checking is often used as a defense in a rear-end collision claim. While most rear-end accidents are the fault of the following driver, that driver may be able to avoid liability by proving the leading driver guilty of brake-checking. The following driver may be able to file a lawsuit against the driver who brake-checked in pursuit of compensation for his or her damages after an auto accident, including medical bills, lost wages and vehicle repairs.

In some cases, both drivers may absorb some portion of liability for the collision. The rear driver could be a percentage at fault for tailgating, while the lead driver could also share fault for retaliating through brake-checking. Both are dangerous and inexcusable driver behaviors that break roadway laws in Texas. In shared fault situations, injured victims may still be able to recover a portion of compensation through Texas’ comparative negligence law.

The comparative negligence law in Texas states that a plaintiff in a personal injury claim could still recover compensation with up to 50% of fault for the accident. The courts will reduce the plaintiff’s recovery, however, by his or her percentage of fault. It is important to work with a Houston car accident lawyer if you get into an accident that involves brake-checking. This is a complex type of car accident claim that may require a lawyer’s assistance.

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Should I Get a Dashcam?

Mon, 13 Jul 2020 16:08:00 GMT

A dashboard camera, or dashcam, is a popular type of tech among motorists in the US. Dashcams can record the interior and/or exterior of the vehicle while a motorist drives, keeping a record of everything that happens on the road. If the driver gets in a car accident , for example, a dashcam can record the accident for use as evidence later. If you are considering purchasing a dashcam for your car, learn some potential benefits and drawbacks as well as the rules you must follow to have a dashcam in Texas.

Pros and Cons of Having a Dashcam

It is your prerogative whether or not to install a dashcam in your vehicle in Texas. They are legal in Texas. With the prices of quality dashboard cameras steadily dropping, more drivers are considering installing these devices to keep track of what happens while driving. In a tort-based insurance state such as Texas, a dashcam can be especially useful during auto accident claims. It may enable you to prove someone else’s fault and liability for your car accident.

Some people purchase dashcams as a safer alternative to filming scenic drives with their cellphones while driving. Others install them as a safeguard in case of car accidents. Still others purchase interior-facing dashcams in case something happens inside, such as an assault by a rideshare passenger. If you think you would benefit from a dashcam, make sure you follow the state’s laws in installing one.

Texas’s Dashcam Laws

While dashcams are legal in Texas, drivers must make sure the cameras do not obscure their vision. Texas has laws protecting a driver’s ability to see the road, such as limits on the opacity of windshield tint. One of these laws ( Texas Transportation Code 545.417 ) prohibits the obstruction of a vehicle operator’s view or driving mechanism. If you install a dashcam, do so on a part of your dashboard that will not obstruct your vision as a driver. While the law is not specific, you can avoid an infraction by purchasing a small dashcam and affixing it on your dashboard in a place that does not interfere with your ability to see the road or operate your vehicle.

Furthermore, you may run into legal issues if you purchase a dashcam with voice recording capabilities. Texas has a wiretapping law that prohibits the recording of any oral communication unless at least one party involved in the conversation consents. Make sure you obtain permission to record the conversations of people in your vehicle if you have a dashcam that records sound. You can avoid this potential problem by buying a dashcam that does not have a voice recorder or disabling this feature.

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Failure to Yield in Texas

Wed, 08 Jul 2020 16:05:00 GMT

As a roadway user in Texas, you must learn the appropriate times and places to yield to others. Yielding means giving the right-of-way to someone else based on the rules of the road. When you yield, you stop and allow another person to proceed. Motorists, bicyclists and pedestrians all have to yield in certain situations. Failure to yield is a traffic violation that could cause an auto accident in Texas.

What Is Right-of-Way?

Failure to yield goes hand-in-hand with the right-of-way. The right-of-way is a legal right to proceed onto a road or cross an intersection. Right-of-way and yield rules promote traffic safety by decreasing the amount of conflict between road users. They set boundaries for when a road user must halt and yield to others.

Right-of-way is especially important in places where vehicles cross the paths of other vehicles, pedestrians or cyclists, such as at intersections. When two or more road users intersect each other’s routes, the rules of right-of-way explain who must yield and who may proceed. Right-of-way helps prevent traffic accidents by creating a pattern all motorists must follow in these situations. Failure to yield the right-of-way is a common cause of collisions in Texas.

Who Has the Right-of-Way in Texas?

Right-of-way rules can be confusing, especially for a new or inexperienced motorist. All drivers must learn the rights-of-way for common scenarios when training for driver’s license tests, such as at four-way stops. Learning who has the right to proceed and when is important for preventing collisions in Texas.

Understanding the right-of-way takes common sense and courtesy. All drivers should pay attention to the road, obey traffic laws, be vigilant at intersections and courteous to other drivers. They should also drive defensively to help prevent accidents.

Common Failure to Yield Accidents

Ignorance as to Texas’s right-of-way laws or negligence on the part of a driver could lead to a failure to yield accident. When the law requires one driver to yield and he or she fails to do so, that driver could collide with the party that had the legal right to proceed. Failure to yield can cause many types of serious accidents in Texas.

After one of these accidents in Texas, the driver who failed to yield the right-of-way could be liable for others’ damages. Texas is a fault state, meaning the driver guilty of a tort will have to pay for the medical bills and property repairs of everyone else involved in the collision. Proving a breach of the duty to yield, however, may take assistance from a car accident attorney . If you get into an accident at an intersection or due to someone else’s failure to yield, contact a lawyer for advice about your insurance claim.

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What Are the Motorcycle Laws Every Texan Should Know?

Mon, 06 Jul 2020 15:59:00 GMT

Texas is a major state for motorcycling. Thousands of people use motorcycles for commutes and as a pastime. As a motorcycle operator in Texas, you must learn and follow the laws that apply to you. Otherwise, you could end up with a ticket and fine – or worse, involved in a serious motorcycle accident due to a broken traffic law. Obeying Texas’s motorcycle laws can help keep you safe from collisions.

Motorcycle Rights to the Road

Motorcyclists have a legal right to share the road with motor vehicle drivers in Texas. Motorcyclists have all the same rights as other vehicle operators. Drivers must respect motorcyclists’ rights to the road and yield the right-of-way, when applicable. Motorcycles can take up entire lanes, as well as ride two abreast in the same lane with other motorcyclists. Motorcyclists must also obey all relevant traffic laws. These include speed limits, traffic signs, stoplights and rights-of-way.

Motorcycle Helmet Laws

Wearing a helmet is important for your safety as a motorcyclist. It can significantly decrease your risk of a serious head or brain injury if you get into an accident. It is also a legal requirement in Texas if you are under the age of 21. As someone under 21, you must wear a helmet that meets federal safety standards. If you are 21 or older and have the proper motor vehicle insurance, the helmet requirement does not apply to you. You can also avoid the helmet requirement if you are at least 21 and have completed an approved motorcycle safety course.

Motorcycle License and Equipment Requirements

You cannot operate a motorcycle in Texas that is missing required parts or equipment. Your motorcycle must be roadworthy, meaning it contains all the necessary parts for operation. You should also wear the proper protective gear to reduce the risk of accident injuries.

You must also have the correct operator’s license. In Texas, only people with valid motorcycle licenses (Class M driver’s licenses) may operate motorcycles. Obtaining this license takes passing special written and driving tests.

Required Amounts of Insurance

You must be able to show proof of liability insurance to register a motorcycle in Texas. Liability insurance pays for other people’s damages in an at-fault motorcycle accident. You must carry at least $30,000 in coverage for bodily injuries in an accident per person, $60,000 in injury liability insurance per accident and $25,000 in property damage liability insurance. If you wish to be exempt from Texas’s motorcycle helmet requirement, you will need proof of at least $10,000 in medical insurance in addition to the minimum amounts of insurance coverage. You can purchase additional coverage to pay for your own damages in an accident as well, such as collision or uninsured motorist insurance.

Lane-Splitting Laws

Lane-splitting is a motorcycle maneuver that is banned in most states, including Texas. It refers to a motorcyclist passing other vehicles or riding on the line between two lanes of traffic. Although supporters of lane-splitting believe it to be safer for motorcyclists, Texas and most other states prohibit lane-splitting due to safety concerns. As a motorcyclist in Texas, you must remain in your lane unless passing another vehicle. You must fully enter the adjacent lane to pass. If caught riding between vehicles on the line, you could receive a traffic ticket and a fine for illegal lane-splitting in Texas.

Ask a Lawyer About Your Rights as a Motorcyclist

Understanding Texas’s basic motorcycle laws is only the beginning. If you get into an accident as a motorcyclist, you will need to learn a new set of laws that apply to collisions. Speak to an attorney in Houston if you would like more information about Texas’s motorcycle laws and your rights as a rider.

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How to File a Car Accident Claim With Nationwide in Texas

Wed, 20 May 2020 18:10:00 GMT

The odds are high of you having to deal with Nationwide Insurance after a car accident in Texas. Nationwide is one of the biggest insurance carriers in the US. Despite the company’s slogan, Nationwide is not on your side. Like all insurance companies, Nationwide obtains profits for investors by minimizing claimant payouts. As a crash victim in need of benefits from Nationwide, it is critical to use a Houston car accident attorney to negotiate your settlement for you. Otherwise, the insurance carrier may take advantage of you.

Stop, Call 911 and Collect Information

Before you deal with the insurance claims process, take steps to protect yourself and your rights while still at the scene of the auto accident. Always stop your vehicle at the scene of the crash and check everyone for injuries. Call the police for a serious crash – one that results in injuries, deaths or over $1,000 in property damage. You can call 911 for a less serious accident as well, especially one involving an uninsured driver, drunk driver, or hit-and-run.

Nationwide will need some information about your car accident. Start gathering facts right away. Write down where and when your car accident occurred, as well as the name and contact information of the other driver. Take photos while at the scene of the accident. The more information you collect, the stronger your ability to negotiate your claim will be. Do not tell the officer or the other driver you caused the accident. Instead, wait for investigators to determine fault while you obtain medical care.

One of the most common mistakes crash victims make is failing to obtain immediate medical care for their injuries. Adrenaline can mask injury symptoms. Many victims do not go to the doctor at all. Others may eventually go after waiting a few days. These are mistakes that could give Nationwide a reason to deny your insurance claim. Protect yourself physically and legally by going to the hospital right away after a car accident in Texas, even if you think you are fine. Request copies of all medical documents and bills.

Be Wary When Talking to Nationwide’s Claims Adjusters

Most insurance companies ask claimants to report car accidents as soon as they can. This could mean one, two or even three days after an accident as long as you call or file your claim as quickly as you reasonably can. Your initial claim report does not have to be detailed. Nationwide will simply need some basic information about your crash. It will then assign a claims adjuster to your case to follow up for more information later.

File a car accident claim with Nationwide in Texas either by calling 1-877-669-6877 or using the insurance company’s self-service online application . Before a claims adjuster contacts you about your accident, call a lawyer for legal advice. A lawyer can give you an idea of what your car accident case might be worth, as well as advice on how to deal with claims adjusters. A lawyer could also take over insurance claim negotiations with Nationwide on your behalf while you focus on healing.

Be careful what you say when discussing your claim with an insurance adjuster from Nationwide. The adjuster will be searching for ways to minimize or eliminate your payout. Do not grant the adjuster permission to record a statement from you. The law in Texas does not obligate you to give one if an adjuster asks. This is often a tactic to try to avoid paying for your damages later. Do not sign any medical document release forms, do not admit fault for the auto accident and do not accept the initial settlement offer. A car accident lawyer may be able to negotiate a better amount on your behalf. Work with an attorney you trust from the beginning of your Nationwide Insurance claim in Texas for the best possible results.

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How to File a Car Accident Claim With Liberty Mutual in Texas

Mon, 18 May 2020 18:09:00 GMT

Liberty Mutual is one of the fastest-growing insurance companies in the US. It currently makes over $43 billion in consolidated revenue per year. At Liberty Mutual, policyholders are shareholders, rather than the company being publicly traded. That does not, however, change the way Liberty Mutual treats its policyholders or handles auto accident claims. If you need to file a car accident claim with Liberty Mutual in Texas, take certain steps to protect your rights. Otherwise, you could accidentally settle for less than you require.

Fulfill Your Responsibilities as a Driver in Texas

Avoid giving Liberty Mutual a reason to question or deny your claim. Fulfill your responsibilities as a driver after an auto accident to protect your right to insurance benefits. Stop at the scene and call the police if the crash caused at least $1,000 in vehicle damages or any personal injuries (to yourself or others). If you have injuries, go to a hospital right away. Delaying medical care could be a red flag for Liberty Mutual. It could make the insurer assume your injuries were not serious, or else allow the company to allege that you contributed to your own injuries by delaying treatment.

Request copies of your medical bills and records. While still at the scene of the car accident, obtain the other driver’s name, address, phone number, license number and insurance information. The police often help victims retrieve these facts about the crash. Write down your police report number. Do not admit fault to the peace officer or the other driver. Remain as polite and cooperative as possible, but do not apologize or accept fault. Keep copies of any documents connected to your car accident for your Liberty Mutual insurance claim later.

File Your Liberty Mutual Claim as Soon as Possible

Liberty Mutual asks anyone with a car accident claim to file as quickly as possible. Before you make the call, however, consult with a Houston car accident lawyer . Navigating the claims process can be tricky. When you are ready, dial 1-877-501-2467 to speak directly to a representative at Liberty Mutual to file your claim. The company also has an online auto claims process that takes just 5 to 10 minutes to complete. Someone from the company will get back to you shortly after you submit your online claim for a further discussion about your wreck.

Tips for Maximizing the Value of Your Liberty Mutual Claim

Filing your car accident claim is just the beginning. Once Liberty Mutual receives your claim and contacts you, the real work begins. It is critical to safeguard your rights during any conversation with an insurance claims adjuster from Liberty Mutual. Be polite to the adjuster, but keep in mind the company will want to minimize your recovery. Protect yourself from common tactics and bad faith attempts with a few proven tips.

The top tip for maximizing the value of your car accident claim is to hire a lawyer to do the negotiating for you. A plaintiff’s attorney will have insider knowledge about how to navigate the car accident claims process with Liberty Mutual while optimizing results. A lawyer can field phone calls from insurance adjusters, review all paperwork sent to you, advise you about your rights as a claimant and argue for maximum compensation on your behalf.

The post How to File a Car Accident Claim With Liberty Mutual in Texas appeared first on GES Injury Attorneys .

How to File a Car Accident Claim With Progressive in Texas

Wed, 13 May 2020 18:05:00 GMT

Achieving a fair settlement for an auto accident in Texas is not always easy. Progressive Insurance is a large and powerful company with plenty of resources to put toward fighting liability for a crash. If your car accident claim in Texas involves Progressive, arm yourself with knowledge about how the claims process at this company works. When in doubt, turn to a car accident lawyer for assistance filing a claim and obtaining full compensation.

Call the Police

Texas law makes it mandatory for all drivers involved in car accidents to call the police immediately if they cause personal injuries, fatalities or $1,000 or more in property damages. It is a good idea to call the police after minor collisions as well. The police can give you an official workup of the accident. A police report can include important facts Progressive will ask for later, such as the location, date and time of the collision. The police can also help you determine fault. If the officer cites the other driver for speeding or running a red light, for example, this could serve as proof of that driver’s fault during your insurance claim.

Exchange Information

Always stop at the scene of a car accident in Texas to fulfill your responsibilities as a driver. On top of calling the police for serious accidents, you also have a legal obligation to exchange information with the other driver. Texas law requires you to render reasonable assistance to anyone injured in the crash. Once you have done this, give your name, address and phone number to the other driver. You may also wish to swap driver’s license numbers, plate numbers, vehicle identification numbers and insurance information. Write down the other driver’s insurance policy number and the number to call his or her Progressive agent, if possible.

Do Not Admit Fault

Texas is a fault state, meaning the driver that caused the crash will have to pay for damages. Avoid confessing fault to the other driver, to the police and to anyone who contacts you from Progressive. Accepting fault for an accident in Texas without an investigation could mean throwing away your rights to any compensation. Even if you believe you caused the wreck, an investigation could show otherwise. The other driver might have also contributed to the crash, for example, or the city could bear fault for a dangerous roadway. Instead of admitting fault, wait for the results of a car accident investigation to determine liability. Then, file with that party’s insurance provider.

File the Preliminary Claim

If the at-fault driver has Progressive, call immediately to file a claim. Progressive requires you to report all car crashes right away. While it does not give a specific timeline, it is critical to call Progressive at 1-800-776-4737 as soon as possible to ensure a valid claim. Waiting too long could give Progressive a reason to deny monetary benefits. Progressive also accepts online claims . You do not need all the facts about the crash during preliminary filing. If you do not know how to answer an adjuster’s question, say, “I don’t know.”

Consult With a Car Accident Lawyer

Before you continue your conversations with a claims adjuster from Progressive, consult with a car accident lawyer for an overview of your claim. A lawyer is someone you can trust to protect your best interests. Like you, your attorney will want to maximize your financial recovery. Progressive, on the other hand, will want you to settle for as little as possible. A conversation with the right car accident lawyer could clear up confusing matters and give you legal advice as to how to proceed safely with your claim.

If you hire a Houston car accident attorney to negotiate your case for you, he or she can take over all communications with Progressive’s agents and adjusters on your behalf. Your lawyer will negotiate for a compensatory award he or she believes represents the true value of your injuries and damages. You can rest assured in the fair outcome of your car accident case when you hire a lawyer to take care of a Progressive insurance claim for you in Texas.

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How to File a Car Accident Claim With Allstate in Texas

Mon, 11 May 2020 17:59:00 GMT

Do not underestimate the importance of the insurance process after a car accident in Texas. How you handle your insurance claim can make all the difference to the financial settlement you receive. If you need to file a car accident claim with Allstate in Texas, either through your own insurance or that of the other driver, learn a few tips before making the call.

Understand How Allstate Insurance Works

First, and most importantly, get to know how Allstate and most other insurance companies operate. Insight into how an insurance company profits its investors can help you protect your rights during settlement negotiations. Large insurance corporations such as Allstate protect their bottom lines by keeping money out of claimants’ pockets. The claims adjuster handling your case may try many tactics to convince you to settle for as little as possible. These tactics often come down to the three Ds: delay, deny and defend.

A claims adjuster working for Allstate to settle your car accident claim in Texas might first try to delay your payment as long as possible. This could take the form of ordering a longer investigation than is necessary, requesting excessive proof or otherwise unfairly drawing out your case. The adjuster may also try to deny your claim. Common reasons given for denials are delayed medical care and missed filing deadlines. Finally, the insurer may try to defend itself in court. Allstate has aggressive and powerful legal teams ready to defend the company against car accident claims.

Protect Your Rights

You do not have to allow an insurance adjuster to take advantage of you during the car accident claims process. If Allstate is your insurer, review your policy closely before filing a claim. Make sure you meet all the rules and regulations for filing. Never admit fault for an auto accident to one of Allstate’s agents. When discussing your car accident, stick only to the facts of the case. Go to a hospital soon after your crash for medical care. Keep copies of all important documents, including medical records, for your claim. Hire a Houston car accident lawyer if you need assistance negotiating with Allstate.

File a Claim Against the Correct Party

Texas’ fault laws state that if a car accident injures you, the at-fault driver will need to pay for your medical bills and other damages through his or her insurance. The required amounts of insurance in Texas are at least $30,000 in bodily injury liability per person, $60,000 per accident and $25,000 for property damages. If the at-fault driver has Allstate as his or her insurance provider, you will bring your claim with Allstate.

If you believe the other driver was at fault, call his or her insurance provider to report the crash immediately. You can contact Allstate at 1- 800-ALLSTATE to reach an agent. You can also file a car accident claim online or use the company’s mobile app. Do not wait to file, as this could give Allstate a reason to deny your benefits. If you do not feel comfortable handling your insurance claim alone, hire a lawyer to do so for you.

Negotiate for Fair Compensation

It can be difficult to negotiate with Allstate for a fair and full compensatory award. Fielding calls from insurance adjusters, avoiding signing the wrong documents, gathering necessary evidence and attempting to negotiate a settlement can be too much while also dealing with personal injuries. Hiring a lawyer can give you the peace of mind to focus on your physical and emotional recovery. Your attorney will take over your Allstate claim and protect your rights from start to finish. A lawyer will not allow an adjuster to take advantage of you. With a lawyer by your side, you can maximize your financial recovery during a car accident claim with Allstate in Texas.

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How to File a Car Accident Claim With Geico in Texas

Wed, 06 May 2020 17:54:00 GMT

Geico is one of the most profitable insurance companies in the country. It currently has more than 15 million policyholders. If you get into a car accident in Texas, the odds are good that you will have to file a claim with Geico Insurance. Unfortunately, Geico did not become a multibillion-dollar company for being generous with claim payouts. Like most insurance companies, Geico makes it difficult for crash victims to recover financially.

Do Your Part

Geico will look for reasons to deny your claim every step of the way. Protect your right to fair compensation by doing your part to ensure a valid claim to damages. First, call the police from the scene. Obtaining an official police report can show Geico the legitimacy of your claim. It can also record important facts, such as the names of eyewitnesses. Next, go to the doctor. Waiting to receive medical care is a common mistake Geico uses to deny claims or reduce payments in Texas. Finally, do not admit fault. Never say you caused or contributed to the accident, even in part. Admitting fault could make Geico deny your claim.

File Your Claim

Most insurance companies, including Geico, require claimants to notify them of an auto accident as soon as possible. This generally means a timeframe of 24 to 72 hours past the accident. You can call Geico to make a preliminary report of the accident right away – from the scene of the crash, if desired. You can also wait until after you have been to a hospital and know a little more about your case. Do not wait longer than a day or two to file, however, as this could give Geico a reason to deny your claim.

Geico takes new car accident claims in a few different ways. First, you could call the company at 800-841-3000. It may be faster and easier, however, to use Geico’s mobile app or website to file a crash claim. A claims representative from Geico will contact you soon after you submit your claim virtually. Prepare what you will say to the insurance claims adjuster ahead of time. If you do not feel comfortable negotiating your claim on your own, hire a lawyer to represent you instead.

Protect Your Rights

The most important thing to remember when filing a car accident claim with Geico is to protect your rights. No matter how friendly the insurance adjuster assigned to your case is, remember his or her main goal: to minimize your recovery. Look out for yourself and your own best interests by hiring an attorney. A car accident lawyer in Texas will know how Geico operates and how to demand fair compensation for your damages from a claims adjuster. In the meantime, use a few tips to protect yourself from an adjuster’s negotiation tactics.

The first offer from a Geico representative after a car accident in Texas will most likely lowball the true value of your injuries and losses. It may not reimburse the total costs of your medical bills. Geico uses a tactic called usual and customary charges to downsize a claimant’s medical recovery. Instead of adding up your actual medical bills, Geico will replace your health care costs with an amount it deems usual and customary. It is critical to take your first settlement offer from Geico to an attorney. A car accident attorney can help you negotiate it to a full and fair amount. A Houston personal injury lawyer can help you with all aspects of filing a car accident claim with Geico.

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How to File a Car Accident Claim With State Farm in Texas

Mon, 04 May 2020 17:42:00 GMT

Car accidents might be one of the most common causes of injuries in the US, but that does not make a case any easier to navigate as an injured victim. Whether this is your first auto accident involving State Farm Insurance or not, it is important to protect your rights. Auto insurance providers want to save money, not maximize your financial settlement. Knowing how to file a car accident claim with State Farm and negotiate for fair compensation could make all the difference to the outcome of your case.

Things to Remember

Before you initiate the auto insurance claims process, remember that State Farm will not be on your side. The insurance company’s goal will be to pay you as little as possible for your injuries and damages. All insurance companies share the same goal: to limit their liability and minimize claimants’ payouts. Do not make the mistake of thinking State Farm will want what is best for you in the aftermath of an auto accident. Instead, expect the insurance claims adjuster to try different tactics to convince you to settle for as little as possible.

With this in mind, take a few steps to protect your rights as a claimant filing with State Farm in Texas. First, never admit fault. Even if you think you are to blame, wait for an official investigation to determine fault. It may surprise you to find that someone else shares fault, such as the other driver or an auto manufacturer. Also, avoid giving a recorded statement to the claims adjuster. This is a tactic the adjuster could use to get you to say something that could hurt your claim. Finally, do not give the adjuster more information than requested. Limit your answer to a simple yes or no whenever possible.

Gather Information

During your phone call to State Farm, the agent will ask you several questions about your auto accident. Prepare this information in advance for the easiest and most efficient claims process possible. Write down facts about your case while they are still fresh in your mind. This should include where the accident happened, the driving conditions, the time the crash occurred, the names of any witnesses, the name of the other driver and a description of the vehicles involved.

Call the police while at the scene of any accident that involves injuries, deaths or over $1,000 in property damages. This is the law in Texas . You may also call the police for more minor accidents if you wish to have them on official record. Write down your police report number. Go to the hospital right away. Delayed medical care is a common reason insurance companies such as State Farm give for denying benefits. Even if you are not in pain, see a doctor just in case.

Notify State Farm Right Away

Once you have collected all important information and been to a doctor, call State Farm to file your claim. You should notify the insurance company of the wreck as soon as possible – ideally within 24 hours of the crash. If you wait any longer, State Farm may try to use delayed reporting as a reason to deny or delay your claim. File a claim with State Farm by calling 800-SF-CLAIM (732-5246) or using the State Farm app.

Hire a Car Accident Attorney

Contact a Houston car accident lawyer for assistance with the settlement negotiation process with State Farm. A lawyer will know how the insurance company operates, as well as how to improve the odds of obtaining fair compensation. Do not sign any documents from the insurance company before bringing them to an attorney. This includes medical release forms. Some of these forms may contain invasions of your privacy.

Allow a lawyer to review all documents before signing. Do not accept the first settlement offer you receive from State Farm. Instead, take the offer to your lawyer for advice. State Farm may be offering less than your injuries demand. With an attorney representing you, however, State Farm will have no choice but to treat your claim fairly.

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What Is an Affidavit of Merit?

Wed, 22 Apr 2020 16:35:00 GMT

An affidavit of merit is a legal document used to confirm the merits of a civil claim. It bears the signature of an expert on the subject, such as a physician during a medical malpractice claim. Affidavits of merit are most common in cases involving the alleged negligence of a professional, such as a doctor, accountant, lawyer, engineer or architect. Some states make it a requirement to submit a signed affidavit of merit with a claim as a plaintiff. Texas is one of these states.

When Is an Affidavit of Merit a Requirement in Texas?

In Texas, any case involving the alleged negligence or malpractice of a licensed or registered professional must come with an affidavit of merit submitted with the original cause of action ( Texas Civil Practice and Remedies Code 150.002 ). The affidavit of merit must contain the signature of a licensed professional with expertise on the subject. The professional must have a license and be actively practicing in the field in question to have the power to sign an affidavit of merit in Texas.

A plaintiff in Texas bringing a case against a licensed professional of any kind will need to submit a relevant affidavit of merit with the initial claim if the cause of action arises from a professional’s training, experience and education. The point of this requirement is to help eliminate illegitimate or unfounded cases before they go to court, keeping the justice system more efficient. An affidavit of merit requirement can reduce the number of claims plaintiffs file, save on money put toward settling false claims and limit the number of decisions made by fear of potential lawsuits.

What Does an Affidavit of Merit State?

An affidavit of merit does not only contain a professional’s signature. It states the specifics of what the professional is attesting to be true about a plaintiff’s claim. Essentially, the affidavit of merit validates the merit of a claim before the lawsuit begins. In most personal injury claims , an affidavit of merit will state that the professional in question (the defendant) had a duty to meet a minimum standard of care and that the person signing the affidavit has reason to believe the defendant did not meet this duty based on the facts of the case reviewed.

In Texas, the affidavit of merit requirement states that the document must contain the signature of a third-party expert that sets forth the negligence, omission or error for the theory of recovery for which the plaintiff is seeking damages. The third party that signs or submits the affidavit of merit must have a valid license or registration in the State of Texas. The professional must also be actively engaged in a relevant profession. Failing to file an affidavit of merit on a case that requires one in Texas will result in the courts dismissing the cause of action.

How Long Does a Plaintiff Have to File an Affidavit of Merit?

In general, a plaintiff must submit the affidavit of merit along with his or her initial submission of a claim. The plaintiff must have all the required filing documents, supporting evidence and the affidavit of merit ready to go at the time of filing. In Texas, an injured accident victim must file this paperwork within two years from the date of the accident or the date of injury discovery for a valid claim.

Most victims have two years from their accidents to file affidavits of merit under Texas’ statute of limitations. The state might toll the deadline, however, in qualifying cases. The courts could grant an extension on filing an affidavit of merit if the statute of limitations will expire within 10 days of the plaintiff filing the petition. The courts will grant the plaintiff an additional 30 days after filing the claim to follow up with an affidavit of merit in these situations. An injury lawyer can help a plaintiff meet all of Texas’ affidavit of merit requirements when bringing a claim.

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What Is a Malicious Prosecution Claim?

Mon, 20 Apr 2020 16:33:00 GMT

Accidentally incorrectly identifying a perpetrator could happen to anyone. If law enforcement, prosecutors, or the victim of a civil tort or crime misidentifies a defendant in good faith, the innocent party (the original defendant) might not have any legal recourse once the identity of the true defendant becomes known. If, however, the prosecution of the incorrect defendant was malicious or intentional, the victim could have grounds to bring a malicious prosecution claim in Texas.

What Is Malicious Prosecution?

In general, a malicious prosecution claim alleges that the defendant (previously the plaintiff) brought a disingenuous civil or criminal claim against the plaintiff (previously the defendant) intentionally, knowing that the claim was illegitimate. These claims generally assert that the current defendant brought the claim with the goal of hurting the current plaintiff, such as by damaging his or her reputation, getting the plaintiff arrested, or making the plaintiff pay for damages he or she did not cause.

Maliciousness is an elevated allegation compared to negligence. It takes more than simple carelessness, neglect or a mistake to prove that someone acted maliciously. Maliciousness takes proving the defendant’s intent to knowingly pursue a wrongful prosecution. Proving a malicious prosecution claim, therefore, requires evidence of active and willful misconduct on the part of the defendant.

Elements of a Malicious Prosecution Claim

To win a malicious prosecution claim, a party must successfully establish certain elements. First, the plaintiff (or his or her lawyer) must show the defendant initiated or continued a civil or criminal legal proceeding that named the plaintiff as the defendant. Second, the plaintiff must establish that the defendant did not have any reasonable grounds on which to believe the allegations involved in the legal proceeding were true.

The third element is one of the most important: the burden to prove maliciousness. The plaintiff must show through a preponderance of the evidence that the defendant committed the act in question with malicious intent; any intent other than to simply obtain a judgment in the civil or criminal proceeding. Fourth, the defendant must have lost his or her original case – the illegitimate case in which the defendant was the plaintiff and the plaintiff the defendant. Finally, the plaintiff must have evidence that the illegitimate case caused damages, such as the loss of a job or injury to a reputation.

It is generally not enough to prove malicious prosecution if the plaintiff was only arrested and not tried during a criminal case. Simply threatening a lawsuit and not filing one is also not enough grounds to file a malicious prosecution claim. Also, the outcome of the allegedly illegitimate civil or criminal case must prove the current plaintiff was innocent. This might require an acquittal during a criminal trial, for example, or a negative outcome during a civil trial. Failure to prove malicious intent is another common reason for these claims to fail.

Remedies for Malicious Prosecution

A successful malicious prosecution claim will have proof of all necessary legal elements. A malicious prosecution lawsuit is a civil claim, not a criminal charge. The burden of proof, therefore, is not to prove the defendant’s guilt beyond a reasonable doubt, but to establish the facts the plaintiff’s side of the case presented are more likely to be true than not true. A successful claim could result in compensation for the plaintiff for related damages and losses. These can include injuries to reputation, emotional distress, mental anguish, legal fees, lost wages and earning opportunities, physical injuries related to an arrest, and punitive damages.

A victim of malicious prosecution might also have grounds to file a separate police misconduct claim, depending on the situation. If a law enforcement officer or agency played an active role in intentionally pursuing the incorrect defendant, the victim could also receive compensation or recourse for police misconduct. This will be a separate case the victim’s lawyer will need to bring on top of a malicious prosecution claim in Texas.

Speak with our Houston personal injury attorneys today at (800) 773-6770.

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Witness a Car Accident? Dos and Don’ts

Wed, 15 Apr 2020 16:32:00 GMT

Witnessing a car accident can be frightening and traumatic. You might not know how to react. It can also give you the rare opportunity to help someone in dire need. Saying and doing the right things as a witness to a crash in Texas could make an important – and potentially life-saving – difference to those in the wreck. Do your best to take the right steps if you witness a car accident in Houston.

Do: Stop at the Scene

Although Texas’ hit-and-run law will not apply to you as simply a witness and not someone directly in the car accident, it is still important to stop as close to the scene of a car accident as possible if you are one of the first to see the crash happen. As one of the first people at the scene, you might have the unique opportunity to help where others cannot. Your swift intervention could mean the difference between a crash victim’s life and death in serious cases.

Do Not: Put Yourself in Danger

Stop as close to the scene as you can while still staying in a safe location. Do not block oncoming traffic. Use your emergency hazard lights to warn other drivers about the accident. Before approaching the crashed vehicles, check for hazards such as spilled liquids (it could be gasoline), fires, downed power lines and broken glass. Only offer your assistance if you can safely get to the victims without putting yourself in danger.

Do: Render Aid

Help in ways you can as one of the first to the scene of a crash. Call 911 to report the wreck. Do not assume someone has already done so. Ask those involved if they have injuries and need assistance. If so, request an ambulance when you call 911. Do not attempt to move the victims of the crash unless they appear in imminent danger. Moving an injured person incorrectly could make his or her injuries worse. You may also be able to help by collecting evidence for the victims of the crash. This could mean taking photographs and offering to send them to victims, for example.

Do Not: Be Afraid to Help

Some car accident witnesses hesitate to intervene and render aid for fear of facing civil liability for unintentional injuries or damages caused. You might not want to lift an injured person out of a wrecked vehicle, for example, in case doing so causes a catastrophic injury. Under Texas’ Good Samaritan Act , you do not need to worry about paying for someone’s damages if you unintentionally cause them while rendering assistance to the person in good faith. As long as you do not behave wantonly or negligently in rendering assistance (and you are not a licensed medical professional), you will not be liable for civil damages.

Do: Leave Victims With Your Information

Before you leave the scene of a car accident in Houston, give all parties your contact information as a witness. This includes both drivers and any responding police officers. The police might ask you questions about what you witnessed, as well as what actions you took when you approached the scene. Taking the time to stick around, answer questions and hand out your information could help victims later.

Do Not: Ignore a Court-Issued Subpoena

If you leave a victim your information as a car accident witness, you might receive a phone call from a lawyer weeks or months later asking for a statement. Do your best to recall the details of the crash and answer all questions honestly. Typically, a lawyer can use your statement during a victim’s injury claim without you needing to officially testify or go anywhere in person. You might also need to submit evidence you collected, such as photos and videos. If, however, you receive a subpoena to appear in court as a car accident witness, do not ignore it. A subpoena is a legal order you must obey.

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Do EMTs Have a Duty to Act?

Mon, 13 Apr 2020 16:29:00 GMT

It can be reasonable to expect a licensed emergency medical technician (EMT) to spring into action as a witness to a serious accident, injury, or emergency. After all, that is an EMT’s job. When off the clock, however, it might not be clear whether an EMT still has the duty to assist accident victims. In general, if an EMT fails to help, he or she could be guilty of an ethical violation. Whether inaction by an emergency medical technician is against the law or makes the EMT liable for damages depends on the state and the case.

The EMT Code of Ethics

Under the EMT Code of Ethics , emergency medical technicians and emergency medical technician-paramedics have an obligation to society to conserve life and alleviate suffering. They must do this without any restrictions based on color, status, race or nationality. EMTs also have a duty not to delegate an emergency medical service to anyone less qualified if that service reasonably requires the professional care of an EMT. An EMT present at the scene of an emergency, therefore, could not ethically sit back and allow someone less qualified to attempt to aid the injured person – even if the EMT is off duty.

What If an EMT Does Not Act?

Failing to act in an emergency as an off-duty EMT could qualify as a civil tort, or wrongdoing, if the inaction contributes to an injury, illness or death. An injured party may be able to base a claim on a violation of the EMT Code of Ethics, as well as on what a reasonable and prudent EMT likely would have done in the same circumstances. If another emergency medical technician would have provided assistance and prevented the damages in question, the EMT in the case might owe the victim compensation for behaving negligently.

Texas does not, however, have a specific law requiring EMTs to act. Most states do not. Those that do legally enforce duties to act have relatively new statutes. Vermont, for example, recently passed a law requiring others to give reasonable assistance to someone exposed to grave physical harm, to the extent that the person can do so without danger or peril to himself or herself and without interfering with important duties by others. No such legislation exists in Texas. Instead, the state addresses the alleged duty to act on a case-by-case basis.

Does Texas’ Good Samaritan Law Apply to EMTs?

It is important to note that off-duty EMTs and other licensed medical professionals are not eligible for protection from civil liability under Texas’ Good Samaritan Act . This act states that a person without a license or certification in the healing arts who renders emergency care in good faith will not be liable in civil damages for any act performed. This act applies to all nonmedical professionals who render aid in good faith who do not do so for pay or remuneration. It does not apply to medical personnel, even when they are off-duty.

If an off-duty EMT administers aid in good faith in an emergency, the Good Samaritan Act will not prevent an injured person from bringing a civil claim against him or her for unintentional damages, including exacerbating the victim’s injuries. The understanding on a professional and ethical level is that the EMT should know how to take reasonable care in providing emergency services based on his or her professional license and certifications. Worsening a victim’s injuries while helping, when doing so was reasonably preventable, could lead to the off-duty EMT’s liability for the victim’s damages.

Personal injury cases involving an EMT’s duty to act can be complicated in Texas. They may relate to the EMT Code of Ethics, Texas’ Good Samaritan Act, and other laws and duties. Hire a lawyer if you need assistance with an injury claim based on an emergency medical technician who responded or negligently failed to respond to your emergency. You might have a case against the professional and/or a health care facility.

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How Are Lost Wages Calculated in a Personal Injury Claim?

Wed, 08 Apr 2020 16:24:00 GMT

A lost wage award is a common type of compensable damage during a personal injury claim in Texas. It refers to the plaintiff’s missed pay due to an injury, as well as his or her foreseeable loss of future income because of a serious injury or disability. Knowing how the courts in Texas calculate lost wages in a personal injury claim could help you as a plaintiff. It could enable you to accurately gauge what your claim might be worth, so you can demand a fair amount from a defendant. Always work with an attorney for an accurate calculation of your lost wages.

Existing Lost Wages Due to the Accident and Injury

First, you will need to assess your existing, or past, lost wages related to the accident and injury in question. If you have been out of work since the date of your accident, for example, the courts will add up all the pay you missed. This will take an analysis of old pay stubs in the weeks before your accident. You will need to provide these pay stubs as evidence of your lost wages. The courts may also request evidence such as W2s, tax documents or letters from your employer. An assessment of your past lost wages will also take into account other typical sources of income.

You and your personal injury lawyer can add up all the money you most likely would have made were it not for your accident and injury to demand as part of your lost wage settlement. Then, your lawyer can collect evidence to help you prove the amount of your lost wages, as necessary. Existing lost wages is the most straightforward calculation in this category of damages. It typically involves adding up how many hours you missed and multiplying it by your average wage. Determining your future foreseeable lost wages can be more difficult, however.

Future Lost Capacity to Earn

A serious injury may also impact your ability to earn a living wage after the completion of your injury claim. You might remain in recovery for months or years, unable to go back to your previous position. During this time, your employer might offer you part-time hours or work in a limited capacity for less pay. A catastrophic injury could take you out of work completely or for life. You might need to find a new career suited for your permanent disability – one that may pay you less. You could recover compensation for all these wage-related losses in Texas.

You might also be eligible to recover costs such as new training or going back to school to learn a new career because of a disabling injury. An experienced Houston personal injury attorney may be able to help you with your lost wage calculations. A lawyer will know all the places to look for earning potential, including raises and bonuses. A lawyer will also be able to negotiate with the defendant in pursuit of maximum compensation, not only for your losses of income but for your other accident-related damages as well: medical bills, pain and suffering, property damages, legal fees, etc. Finally, a lawyer could help you prove the existence of lost wages to an insurance company, judge or jury.

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Texas Auto Salvage Title Laws

Mon, 06 Apr 2020 16:18:00 GMT

It is important as a consumer to feel confident in the safety of the vehicle you buy. You need some type of assurance that a vehicle will operate safely and as expected. When purchasing a vehicle used, you have the right to know if the vehicle has a salvaged status – meaning it was in an accident that left it totaled or unsafe to drive. A salvaged vehicle is one worth less than the cost of repairs after a car accident . All owners with these vehicles must lawfully obtain auto salvage titles to warn others of its crash history.

What Is a Salvaged Vehicle?

A salvaged vehicle under Texas law is one that is no longer safe to use. It is a vehicle that is too dangerous to drive based on its crash or incident history. In most cases, a salvaged vehicle is one with damage that is worth 75% or more of the vehicle’s total value. This percentage can vary by state. Texas does not have a set percentage. Instead, it considers a vehicle a salvage when repair costs (minus new paint) exceed the pre-crash value of the vehicle. Older vehicles, therefore, are more likely to receive the status of salvage after a damaging crash or flood.

What Are the Requirements to Obtain an Auto Salvage Title?

Before the owner of a salvage vehicle can sell or transfer the title to someone else, the owner must apply for a salvage, rebuilt salvage or nonrepairable title. This title will tell others about the vehicle’s history. A regular salvage title will warn consumers and used car shops that the vehicle is unsafe for use. A rebuilt salvage title could mean the vehicle is now usable while still warning shoppers about its history. Without obtaining an auto salvage title, the owner cannot lawfully sell or transfer the vehicle to another party. Obtaining a salvage title in Texas takes a few steps.

Obtaining a salvaged vehicle title from the TxDOT is a legal requirement. Unfortunately, some owners of salvaged vehicles try to make a profit by selling their cars without obtaining salvage titles. This is an offense in Texas that could lead to civil and criminal charges. If the salvaged vehicle breaks down and causes a car accident, the victim of the crash may have grounds for a negligence claim against the previous owner for failing to register it as a salvaged vehicle.

What If You Bought a Salvaged Vehicle Accidentally?

It is possible to legally resell a salvaged vehicle in Texas. The owner must simply have the proper salvage or rebuilt salvage title to show buyers that the vehicle sustained significant damage. A rebuilt vehicle must pass safety inspections and meet many state standards before resale. Trying to sell a salvage vehicle without the right title is against the law in Texas. Failing to brand a vehicle as salvage, even after rebuilding it to roadworthiness, could put a buyer at risk.

If you purchased a salvage vehicle without realizing it due to the lack of a proper title, you could have grounds for a claim against the prior owner after a related car accident. The owner may owe you compensation for selling you an unsafe vehicle without the proper salvage title. This is an act of negligence that could make the owner liable for your injuries, damages and losses. Speak to a car accident lawyer in Texas after a crash in a vehicle you believe is salvage for more information.

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What Is Second Impact Syndrome?

Wed, 18 Mar 2020 16:21:00 GMT

Bed rest is an important part of the recovery process after sustaining a brain injury . Staying home, resting and getting proper nutrition are often the only treatments a doctor can recommend for a brain injury such a concussion. It is up to you to follow the doctor’s orders and rest while your brain tries to heal. If you continue to participate in activities that could put you at risk of another head injury, such as sports, you could receive a second brain injury before the first fully heals. Medics refer to this as second impact syndrome. Second impact syndrome can be severe and deadly for patients.

The Mechanics of Second Impact Syndrome

Second impact syndrome is the outcome of repetitive head injuries. Receiving multiple head injuries in a short span of time could damage the brain more than just one injury. A second impact could make things much worse for the victim while the brain is still trying to heal from the initial impact. Second impact syndrome can cause the brain to swell rapidly, resulting in serious and often fatal symptoms.

A brain already in a vulnerable state could suffer immediate and severe damage after a second impact. Although second impact syndrome is rare, this type of brain injury could have many negative consequences for a victim. Second impact syndrome requires immediate emergency medical intervention. The victim may need surgery or other treatments right away to relieve swelling or bleeding in the brain. Many victims lose their lives due to second impact syndrome. If the victim survives swelling in the brain, he or she could have permanent brain damage and related disabilities.

How to Avoid Second Impact Syndrome

A subsequent impact on top of an existing brain injury does not have to be strong to trigger swelling in the brain and cause second impact syndrome. The first concussion or injury has already compromised the brain’s ability to function correctly. Brain cell damage or death may have already occurred, as well as some swelling or bleeding. A second impact of any caliber could trigger a chain reaction in the brain that leads to rapid swelling, serious complications or death. Even a blow near the head, such as to the chest or back, could move the brain inside of the skull enough to cause second impact syndrome.

The best way to avoid second impact syndrome is by obeying your doctor’s orders and staying home after receiving a concussion or brain injury diagnosis. If your physician recommends bed rest or abstinence from activities that could further injure your brain, such as exercise or sports, take these warnings seriously. It is also important to see a doctor and receive a diagnosis for the initial brain injury to avoid second impact syndrome. After an accident or incident that impacts your head, do not assume you are uninjured. Even if you do not notice symptoms right away, the accident may have hurt your brain.

Common brain injury symptoms include blackouts, memory loss, disorientation, headaches, light/sound sensitivity, nausea, vomiting, fatigue and mood changes. If you think you might have a concussion, see a doctor without delay. Obtaining an official diagnosis could put you on a treatment plan and make you aware of the risks of a second impact. Once you know you have a head injury, you can be more careful to avoid a second one while you heal. It is always better to prevent second impact syndrome than to treat it after the brain is already injured.

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What Is Texas’ Good Samaritan Law?

Mon, 16 Mar 2020 16:19:00 GMT

The State of Texas wants to encourage strangers to help others in emergencies. It recognizes that fear of liability for unintentionally making things worse can stop some people from offering assistance. Like many states, Texas passed a Good Samaritan Law to ease these concerns and promote prompt action after accidents. Understanding Texas’ Good Samaritan Law could help you save lives.

Who Does the Good Samaritan Law Protect?

Texas’ Good Samaritan Law states that any person who acts in good faith to administer emergency aid will not be liable for any of the victim’s related damages. As long as the Good Samaritan was making an honest attempt to assist the accident victim, he or she will not be civilly liable for damages. The victim will not be able to file a lawsuit against the Good Samaritan even if the stranger unintentionally made the victim’s injuries worse.

If you pull a crash victim out of a burning vehicle in a good faith attempt to help, for example, but in doing so exacerbated his or her spinal cord injury and caused permanent paralysis, the victim would not be able to bring a cause of action against you. As long as you were acting to assist the victim in an emergency and did not do so recklessly, you will generally not be liable for damages. Some exceptions to the Good Samaritan Law exist, however.

Limits of the Good Samaritan Law

The Good Samaritan Law does not bar an accident victim from recovery for all actions from a person rendering aid. If the Good Samaritan behaved recklessly, negligent, carelessly, wantonly or in bad faith, the injured victim could still file a claim against that person for making injuries worse. A Good Samaritan who causes an injury could also face liability if he or she was at the scene of the accident to solicit business, expected payment for the assistance, works normally in emergency services or is the person who caused the initial accident.

A commonly used exception to the law is that the Good Samaritan has a career in the medical field. Even if the person was not working at the time of rendering emergency assistance, he or she could be liable for the victim’s damages if he or she caused them. Someone who administers care professionally, such as a nurse or paramedic, could be liable for causing a victim’s injuries even if he or she was not on the clock at the time.

Helping victims after an accident you caused means you will also not have protection from liability. If you were at fault for causing the accident or disaster, victims can still seek financial restitution from you on the basis of negligence even if you stop to render aid. You legally must help if you are in a position to do so. Texas’ traffic laws require drivers in car accidents to stop at the scene and render aid to any injured victims. Failing to help people after an accident you caused or contributed to is the crime of hit-and-run.

How to Protect Yourself From Liability as a Good Samaritan

For the most part, if you are not a medical professional, do not expect payment for helping and render aid in good faith, you will be safe from liability for lending a hand in an emergency or after an accident. Acting as a reasonable and prudent person would in the same situation will generally safeguard you from liability under Texas’ Good Samaritan Law. If you wish to protect yourself even more as a Good Samaritan, however, consider taking a course to improve your ability to administer basic emergency care safely and effectively. Obtain CPR, first-aid or AED certification to learn more about how to help someone in an emergency. This could help you avoid worsening someone’s injuries and risking liability. It could also help you save lives.

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Do I Need a License for a Moped in Texas?

Wed, 11 Mar 2020 16:16:00 GMT

A moped is an alternative to a traditional motor vehicle or motorcycle. Mopeds are especially popular in metropolitan areas and college towns in Texas. Mopeds have similar designs to motorcycles, except that they usually have three wheels instead of two and cannot travel as fast. Many of the same laws apply to mopeds as motorcycles in Texas. Learn the laws that might apply to you before heading out on a moped.

Definition of a Moped

Many operators have some confusion as to whether their vehicles are technically mopeds, motorized scooters or motorcycles under Texas state law. It is important to recognize the difference, so you know which rules to follow. Texas Transportation Code section 541.201(8) defines a moped as a motor vehicle designed with a seat or saddle, no more than three wheels, and an engine that cannot produce more than five-brake horsepower and has a piston displacement of no more than 50 ccs (if an internal combustion engine). Mopeds cannot reach speeds greater than 30 miles per hour in one mile.

The key difference between a moped and a motorcycle is the power of the engine. A motorcycle is also a vehicle with no more than three wheels on the ground and a rider’s saddle. Texas’ definition of a motorcycle, however, does not include the restrictions on horsepower or speed as found in its definition of a moped. If your vehicle can reach over 30 miles per hour in one mile or exceeds the other maximums in the state’s definition of a moped, it is legally a motorcycle.

Yes, You Need a License

Texas has a Certified Moped List that provides the names and model numbers of hundreds of vehicles that qualify as mopeds under state law. If your vehicle is on this list, you cannot operate the moped until you have acquired a Class C driver’s license. This is the basic type of driver’s license in Texas. You must be at least 16 years old and pass all required tests to obtain a Class C license. Only then may you operate your moped.

You might need a special type of license, a motorcycle endorsed license (Class M), if your moped is not on the Texas Certified Moped List. If you technically have a motorized scooter, for example, and it is not on the Certified Moped List, you may need a motorcycle license instead of a Class C license to operate. If you are under the age of 18, you may qualify for a restricted motorcycle license instead.

You also need a title and registration for your moped, as well as adequate auto insurance under section 601.072 of the law. You must carry at least $30,000 in bodily injury liability insurance for the injury or death of one person, $60,000 in injury insurance for all persons in one accident, and $25,000 in property damage liability coverage to lawfully operate a moped.

Other Texas Moped Laws

Under Texas Transportation Code 661.001-661.004 , you have to wear a helmet while operating or riding as a passenger under the age of 21 on a moped on a public road. Breaking this rule is punishable with a fine of $10 to $50 per offense. If you are over 21, have the proper insurance and have passed a safety course, you are exempt from Texas’ mandatory helmet law. If you ride your moped between dusk and dawn, you must use a visible headlamp. Your moped must have working brakes at all times.

Mopeds must obey all the same traffic laws as traditional motor vehicles. When operating a moped, you must ride in the same direction as the general flow of traffic. If you are moving slower than surrounding vehicles, stay as far to the right-hand side of the lane as is safely possible, except when making a left turn or avoiding hazards. Indicate your intent to switch lanes or turn using turn signals or hand signals. You may not allow a bicyclist, skateboarder, roller-skater or anyone else to hitch onto your moped while driving. You must obey all speed limits, traffic signs and applicable roadway rules on a moped in Texas. Speak with our Houston personal injury lawyers today at (800) 773-6770.

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What Is Texas’s Bicycle Helmet Law?

Mon, 09 Mar 2020 16:11:00 GMT

Bicyclists in Texas face unique risks that motorists do not. They are vulnerable road users in the same class as pedestrians. Vulnerable road users are those most at risk in traffic accidents due to a lack of external protective devices, such as a metal shell or a seat belt. Wearing a helmet can be one of the only effective means of protection for a bicyclist in an accident. Unlike most states, however, Texas does not have a universal bicycle helmet law.

Bicycle Helmets Not Required in Texas

In 2018, 72 bicyclists lost their lives in Texas traffic accidents. Hundreds of others suffered serious injuries in collisions involving driver negligence, unsafe roadways and bicycle defects. Despite the high number of bicyclist injuries and deaths, Texas does not have a rule enforcing mandatory bicycle helmet use among riders. It is legal for riders of any age to operate bicycles without helmets in the state. State lawmakers have attempted to enact universal bicycle helmet laws in the past, but proposed bills have so far failed to pass. You currently will not get into legal trouble for not wearing a bike helmet unless your city has a municipal law stating otherwise.

Some Cities Require Helmet Use Under the Age of 18

Texas gives jurisdiction to municipalities to instate citywide bicycle helmet laws. Each city can pass its own laws requiring riders to wear helmets, if desired. Several cities in Texas have, including major cities in the Dallas-Fort Worth area. If you ride a bicycle in one of these cities and are under the age of 18, you must wear a safety-approved helmet.

Prior to 2014, Dallas had a law requiring all bicyclists to wear helmets. Today, however, the law only applies to bicyclists under the age of 18. A safety-approved helmet is one with a sticker from the Department of Transportation or Snell Foundation. Failure to wear a bicycle helmet if your city requires one could lead to fines.

Why Is it Dangerous to Ride a Bike Without a Helmet?

Whether state or city law requires you to wear a bicycle helmet or not, do so for your personal safety. Wearing a helmet reduces your risk of a head injury by more than half . You cannot control the actions of motor vehicle drivers even if you are a safe and prudent cyclist. A negligent or distracted driver could still strike you. A helmet can help you avoid some of the most serious types of bicycle accident injuries.

An injury to the brain, no matter how minor, could have severe repercussions. A traumatic brain injury could cause cognitive difficulties and developmental delays. It could also impact your motor skills and communication. Although wearing a helmet does not guarantee you will not injure your head and brain in a bicycle accident, it can reduce your chances by about 54%, according to the National Safety Council.

What If You Crash Without Wearing a Helmet? Are You Liable?

It is not a usable defense against bicycle accident liability to allege that the bicyclist was not wearing a helmet. Since helmets are not a legal requirement in Texas, defendants cannot use this as a means of reducing their liability for a cyclist’s injuries. Even if the defendant could reasonably argue that you would not have your head or brain injury had you been wearing a helmet, the courts in Texas will not consider this when determining liability.

If you get into a bicycle accident in Houston and sustain a serious injury, contact a lawyer for assistance with the claims process. The driver’s insurance provider may try to avoid paying you what you rightfully require for your damages, especially if you violated your city’s helmet law. A lawyer can handle settlement negotiations on your behalf during a bicycle accident claim while you focus on healing.

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Texas Motorcycle Passenger Laws

Wed, 04 Mar 2020 16:07:00 GMT

You can carry a child passenger of any age, size and weight in a regular motor vehicle with the proper child safety restraint system. Texas has strict laws in place, however, for carrying child passengers on motorcycles. Child passengers can be at extreme risk of injury on motorcycles. For this reason, some states restrict who can ride on a motorcycle according to age. Texas is one of five states with a minimum age rule on motorcycle passengers.

How Old Must the Motorcycle Passenger Be?

It is against state law in Texas to ride a motorcycle with a passenger who is under the age of five years old. This law came into effect on September 1, 2009, with the passing of Texas House Bill 537 . The bill states that it is a breach of the law to carry a passenger on a motorcycle unless that passenger is at least five years old. A person cannot carry a child under five on a motorcycle unless one of a few limited exceptions applies.

Are There Exceptions to the Rule?

HB 537 includes a few exceptions to the minimum motorcycle passenger age limit. A motorcycle operator may carry a passenger under the age of five if it is an emergency or if it is for law enforcement purposes. In these situations, the operator may not face penalties for having a younger child on a motorcycle. A child under five years old may also ride in a sidecar if the motorcycle has one attached.

What Equipment Must the Motorcycle Have?

If the passenger is old enough to lawfully ride, the passenger must have his or her own seat and footrests. Malorie’s Law (HB 3838) also makes it a requirement for motorcycle passengers to have handholds. The motorcycle must have handholds, bars or something else for the passenger to hold onto while riding. No passengers, children or adults, may ride in front of the adult operating the motorcycle. They must sit behind the operator or in a sidecar.

All motorcycle operators and their passengers under 21 years of age must wear motorcycle helmets. Texas’ motorcycle helmet law requires approved safety helmets for all motorcyclists and their passengers under the age of 21. Riders over the age of 21 may only stop wearing helmets if they have enough insurance and have passed a safety training course. The motorcyclist or passenger must have a minimum of $10,000 in health insurance to qualify as an exception to the state’s helmet law.

What Are the Penalties for Carrying an Illegal Motorcycle Passenger?

If a motorcyclist carries a child younger than five years old on a motorcycle without an emergency or law enforcement defense, it is a misdemeanor offense. The penalty for doing so is a fine of $100 to $200. If a rider breaks other motorcycle passenger rules in Texas, he or she could face traffic infractions and fines. If the motorcyclist crashes while breaking one of Texas’ passenger rules, he or she could be liable for the passenger’s injuries or death. Civil liability will mean the negligent party owes the victim or surviving loved ones financial compensation.

Even if the motorcyclist did not cause the accident, he or she could be at least partially liable for a passenger’s damages if the operator violated one of the state’s passenger laws and this contributed to the injuries. If a child passenger was too young to ride, for example, the child’s parents may be able to bring a claim against the operator for unlawfully taking the child for a ride. Civil liability means the motorcyclist’s insurance company will have to pay for damages.

If the motorcyclist was obeying the state’s passenger laws, the negligent driver that caused the collision could be fully responsible for damages instead. Injured victims or parents should work with Houston motorcycle accident lawyers to discuss their monetary recovery options after harmful accidents.

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What Should I Do If I’ve Totaled My Car in Texas?

Mon, 02 Mar 2020 15:55:00 GMT

No one leaves home expecting to get into a catastrophic auto accident with severe vehicle damage. Yet, every day, people get into major car accidents in Texas . Many of these collisions leave vehicles totaled – total losses, with damage too severe to be worth repairing. If a car crash totals your vehicle in Texas, take a few steps to protect your rights and obtain fair compensation.

Call the Police

Call 911 as soon as possible to report a serious auto accident in Texas. A serious accident is one that causes bodily injuries, deaths or more than $1,000 in property damages. If you suspect your car is totaled, it will most likely equal more than $1,000 in damages. Call the police from the scene of the collision in this case. Do not admit fault for the catastrophic accident to police officers. Request paramedics if you or anyone else has injuries. Write down your police report number before you leave the scene.

Take Photographs

Take photographs of the scene of your crash, including close-up shots of your vehicle damage, if you can. Have someone take photos for you if you have injuries that require emergency care. Photo and video evidence from the scene of the car crash could help you build a claim for damages later. The at-fault driver’s insurance company may wish to see photographic evidence of the extent of your vehicle’s damages. If you cannot get pictures at the scene, take some of your property damage later.

Call an Insurance Company

Texas’ fault-based insurance laws mean you will call the provider of the driver that caused your car accident to report your damages and file a claim. Exchange information with the other driver at the scene, if you can. Otherwise, use the police report to contact the at-fault driver and obtain his or her insurance information. Call the insurance company right away to make sure you meet the policy’s time limit for reporting.

Follow the directions for filing a claim and ask if you need to tow your vehicle to a specific auto shop. Some insurance companies require claimants to bring their vehicles to pre-approved mechanics. Others have no requirements. Find out how the insurance company wants you to proceed. In most cases, the insurance company will send a claims adjuster to see your wrecked vehicle in person.

Obtain Documentation From the Mechanic

It will be the mechanic who officially pronounces your vehicle a total loss. A total loss means the value of your vehicle is less or the same as what it will cost to repair your vehicle. This will generally make it not worth repairing. You will typically need to replace a totaled vehicle rather than paying for repairs. Get documentation from the mechanic stating your vehicle is a total loss. Then, work with the at-fault driver’s insurance company to arrange a rental vehicle. Many insurance policies will cover the costs of a vehicle rental while you negotiate your claim and shop for a new car.

Understand the Value of Your Claim

If your car is a total loss, you may have to fight for fair compensation from the insurance provider. Insurance companies often try to convince claimants to settle for lower values than the true amounts their vehicles are worth. In Texas, Transportation Code section 501.091 states that the fair market value of a wrecked vehicle is its pre-accident value. The insurance company should, therefore, offer an amount that matches the pre-crash value of your vehicle. You might have to reject the insurance company’s first few settlement offers and negotiate for a better amount based on the pre-accident NADA or Kelley Bluebook value of your vehicle.

Hire an Attorney

Contact a Texas car accident attorney if you totaled your vehicle in a recent auto accident. Insurance companies historically estimate low values for total loss property damages. An attorney can help you negotiate with an insurance provider to obtain a reasonable amount for your totaled vehicle. A lawyer will understand state laws and know how to argue for damages in a way that will force insurance companies to listen.

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What’s a Medical Lien, and How Do They Work?

Thu, 20 Feb 2020 18:30:00 GMT

Your personal injury case might involve a medical lien if you do not pay your health care expenses upfront. A medical lien is a health care insurance company’s way of protecting itself from liability for expenses it put up on a policyholder’s behalf. If you discover a medical lien against you, you might owe thousands of dollars to the health insurance company out of your settlement or out of pocket. Work with a personal injury lawyer to help you navigate a medical lien.

What Is a Medical Lien?

A lien is a legal entitlement to someone’s property if that person does not fulfill his or her financial obligations. A corporation such as an insurance company or creditor might place a lien against a client whose payments are in arrears. If the debtor does not satisfy his or her underlying financial obligation, the lienholder may be able to seize the asset involved. This could be a home, vehicle, or (in a personal injury case) a settlement or verdict award.

A medical lien specifically involves debts to a health insurance company, hospital or practitioner for fronting the costs of a patient’s health care. If you were in an accident and needed emergency medical treatment, your health insurance company might have fronted the costs of your care. If someone else caused your accident, Texas laws then allow the insurance company to subrogate medical costs from the party at fault by placing a lien on your settlement.

If you caused the accident but do not have insurance (or enough insurance) and a doctor or hospital fronted the costs of your health care, you may face a medical lien against you personally. A health care provider or insurance company could place a lien against you for the money you owe for medical care. Whether you are facing a lien in subrogation or one against you personally, find out how to clear the debt with a lawyer’s assistance.

How to Navigate a Medical Lien

If you discover an entity has a medical lien against you for thousands of dollars, do not panic. Consult with a personal injury attorney about how to resolve the issue. If you did not cause the accident, the insurance company, hospital or agency with the lien may take the money owed directly from a settlement or jury verdict obtained in a personal injury claim to satisfy the lien. Upon winning your injury case, your lawyer will deduct his or her attorney’s fees from your settlement or verdict. Then, part of the money awarded will go toward satisfying the lienholder’s subrogation right.

Subrogation rights prevent an injured person from double-dipping: profiting from receiving free medical care as well as medical expenses paid via a settlement or judgment award. Subrogation allows a health insurance company or another party that fronted the costs of the victim’s medical care to receive repayment for that care through a compensatory award from the at-fault party. If you caused the accident, however, you may have to pay off a medical lien out of your own pocket rather than through a settlement.

Do not ignore a medical lien if you have to pay out of pocket. This could only make things worse by penalizing you with additional fines, fees and interest. You could even face criminal charges. Instead, work with a lawyer to find out which parties have medical liens against you and the total value of those liens. An attorney may be able to negotiate lower lien values on your behalf by searching for mistakes or discrepancies in billing. Your lawyer may also be able to negotiate a medical lien down by claiming financial hardship. You may have to make monthly payments to pay off a medical lien against you personally.

Whether your medical lien involves subrogation and a lien against your settlement or a lien against your personal assets, a lawyer can help. Discuss your unique situation with a lawyer in Texas for tailored legal advice.

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What Are the Uninsured Motorist Laws in Texas?

Tue, 18 Feb 2020 18:28:00 GMT

It is illegal to operate a motor vehicle in Texas without the required insurance. Every driver must carry proof of financial responsibility in the form of an auto insurance policy. Insurance protects drivers by paying for vehicle repairs and medical bills after car accidents. Unfortunately, not every driver fulfills his or her legal obligation to purchase vehicle insurance. Hundreds of drivers in Texas illegally operate vehicles without at least the minimum required amounts of car insurance…or no insurance at all.

Penalties for Driving Without Insurance

If the police catch someone driving without car insurance in Texas, that person could face serious penalties. A citation for driving while uninsured could lead to the temporary suspension of the person’s driving privileges until he or she can show proof of insurance. The driver may also have to pay a penalty fee of $175 to $350, plus an added surcharge of $250 on the driver’s license fee for the next three years. This could bring the total costs of being an uninsured driver to over $1,000. Uninsured drivers who are repeat offenders could face initial fines of up to $1,000 plus the annual surcharge.

Getting multiple citations for driving uninsured could lead to long-term driver’s license revocation in Texas, as well as vehicle impoundment. It can be a difficult and expensive process to lawfully get back on the road after this. One of the most daunting repercussions for driving without insurance, however, is being 100% liable for any damages resulting from an at-fault car accident. Without the financial protection of auto insurance, an at-fault driver may be personally responsible for covering the thousands of dollars in victims’ expenses.

Texas’ Fault-Based Insurance Laws

The State of Texas uses a tort-based insurance system to resolve car accident cases. A tort is a civil wrongdoing. Under Texas’ fault insurance system, the party that caused the auto accident will be the one liable for damages. In a no-fault system, on the other hand, all injured parties will seek damages from their own insurance companies, even if they did not cause the accident. After a car crash in Texas, one of your first steps should be to get the name and insurance information of the other driver. If an investigation finds that driver at fault for the collision, call his or her insurance company, file your claim and negotiate for fair compensation.

A simple car accident case will involve the at-fault driver’s insurance company accepting your claim to damages and offering a suitable settlement. If the other driver involved in your wreck does not have car insurance, however, this outlet for recovery will not exist. The other driver will not have any vehicle insurance to pay for your expensive damages. You may need to seek compensation through alternative routes instead.

What to Do After an Accident With an Uninsured Motorist

After an accident involving an uninsured or underinsured driver, call your own auto insurance provider to discuss your policy. Your agent will be able to verify whether you have uninsured/underinsured motorist (UM/UIM) coverage on your policy. This is an optional type of insurance in Texas, but you must opt-out of it in writing. If you do have UM coverage, your own insurance company will pay for your personal injuries and property damages. If you do not have UM/UIM coverage, however, you may have to pursue compensation through a liability lawsuit.

Texas’ fault laws allow you to bring a lawsuit against one or more at-fault parties for car accident damages . If the other driver does not have insurance, he or she may not have the personal funds to pay for a verdict even if you win a trial. Your lawyer may instead investigate the fault of other parties, such as the manufacturer of a defective car part or the at-fault driver’s employer. Holding a third party responsible for your car accident could mean insurance coverage available to pay for your damages. Contact an attorney to assist you with your case after a crash with an uninsured motorist.

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A Collapsed Lung Resulting From an Auto Accident

Thu, 13 Feb 2020 18:25:00 GMT

An auto accident can wreak havoc on any part of the body. The collision between a vehicle occupant and elements inside of the car during a crash, such as a steering column or dashboard, could cause injuries such as broken bones and concussions. The internal collision – when the organs stop their forward motion by colliding with other organs or the skeleton – can cause many internal injuries. One serious potential injury if a crash impacts the chest is a collapsed lung (pneumothorax).

What Is a Collapsed Lung?

The lungs are vital organs responsible for keeping the respiratory system functioning. They help the body transfer oxygen from the air to the circulatory system, delivering essential nutrients to the blood. The lungs are delicate organs, shaped like twin sacs, that can suffer punctures or collapse due to trauma. While the hard bones of the ribs serve to protect the lungs from many external forces, a serious enough accident could break the ribs and lead to a lung puncture. If an auto accident injures the fragile lungs, one or both could collapse.

A collapsed lung stems from a puncture. A rib could break in an accident and strike the lungs enough to tear the tissues and puncture the sac. This could allow air to collect in the chest cavity and fill in the space around the lungs. A buildup of air can push on the lungs, making it difficult to breathe as the air sacs cannot fully expand. If not treated right away, a punctured lung could ultimately lead to lung collapse, a life-threatening event in which walls of the lungs cannot expand.

A collapsed lung can occur in an auto accident from blunt force trauma to the chest. For example, in a pedestrian accident, the victim could strike the hood of the car and suffer chest, rib, lung and respiratory system injuries. Lung injuries can also arise from the pressure of a seat belt against the chest cavity in a car accident. A seat belt is often what halts the high-velocity forward movement of a driver or passenger in an auto accident. While the seat belt may have saved the person’s life, the force of the body slamming into the chest belt can be enough to cause a collapsed lung injury.

Prognoses for Patients With Collapsed Lungs

Trauma to the chest in an auto accident can quickly culminate in a collapsed lung. Prompt emergency treatment at the scene of the crash may be necessary. Immediate treatment can include emergency personnel inserting a needle into the rib cage to quickly decompress the lung and relieve trapped air within the chest cavity. This is a temporary remedy to help prevent suffocation. The goal is to relieve the pressure and allow the lungs to re-expand as soon as possible.

Once moved to a hospital setting, the patient may require surgery to close the lung puncture. In more minor cases, a doctor may monitor the condition for several weeks while the body absorbs the extra air naturally and the lungs re-expand. In other cases, a doctor may leave in a lung catheter, or flexible tube, to help trapped air leave the chest cavity. The patient may also need a chest tube to continuously pull excess air out and allow the lungs to re-expand. If a chest tube is unsuccessful, a doctor could try a few other nonsurgical techniques to get the lungs to expand before moving to surgery.

Recovering Compensation for a Collapsed Lung in Texas

If you have a collapsed lung from an auto accident in Texas , the driver that caused your crash could be liable for your hospital bills, physical pain, emotional distress, lost income and other damages. A lawyer can help you navigate the state’s fault-based insurance laws to pursue fair compensation for your economic and noneconomic damages. The at-fault party may owe you money for the pain and financial losses you suffered due to a collapsed lung.

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Unsafe Lane Changes in Texas

Tue, 11 Feb 2020 18:22:00 GMT

It is up to every driver to watch the road, obey traffic laws and drive safely. This includes following state laws when switching lanes or merging. A driver’s duty is to make sure the lane is clear, signal the intent to change lanes, and complete the change safely and prudently. Unfortunately, many drivers fail to take adequate care when changing lanes, leading to related car accidents, injuries and deaths.

What Is an Unsafe Lane Change?

An unsafe lane change is the switching of lanes on a multilane highway in a way that a prudent and reasonable driver would not have under the same circumstances. An unsafe lane change or merge can lead to sideswipes, clipped cars and rear-end collisions. If the accident involves a motorcyclist , it could be catastrophic. In general, a prudent driver would obey the rules of Texas’ lane-change law ( Texas Transportation Code 545.060 ) to safely execute the move.

If a driver violates any of these parameters or does not obey erected traffic-control devices, he or she could cause a preventable lane-change accident. Unsafe lane changes are often behind motor vehicle collisions in Texas. Depending on the nature of the accident, injuries for victims can be severe. Injuries involved in lane-change accidents can include lacerations, contusions, whiplash, neck and back injuries, muscle strains, bone fractures, and organ damage. Even a low-speed lane-change accident could be enough to cause injuries.

Who Is At Fault in a Lane-Change Accident?

Drivers in Texas rely on a fault- or tort-based insurance system to file insurance claims after auto accidents. In a traditional fault-based system, all accident survivors with injuries or damages will seek compensation from the insurance provider of the at-fault driver. It can be difficult, however, to determine the at-fault driver in a lane-change or merge accident. You may need to call the police to investigate the car crash or hire a lawyer to help you determine whether you or the other party is lawfully to blame.

If you call the police from the scene of your car accident, an officer can inspect the damages to both vehicles, talk to witnesses and record important facts that may help your insurance claim later. An officer may also issue a citation to the other driver for violating Code 545.060. While this citation alone does not prove the other driver’s fault for the car crash, it can serve as important evidence during your claim. It may prove the other driver did not use his or her turn signal, did not look before merging, merged without checking blind spots, did not leave enough room for other vehicles, crossed multiple lanes of traffic, or broke another rule that caused the collision. The driver may then be liable for your damages.

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Nerve Damage From a Burn Injury

Thu, 06 Feb 2020 18:20:00 GMT

Contact with the skin and a source of excessive heat, electricity, acidic or base solutions, or radiation can cause burn injuries. A burn can impact the outermost layer of skin down to the deep muscle tissues and bones. It can damage and destroy nerves along the way, sending pain signals to your brain. Severe burns can cause irrevocable nerve damage, leading to chronic conditions and permanent disabilities.

Burn Severity Scale

Burns come in four degrees. The first two degrees are minor to moderate, although a second-degree burn can lead to an open wound and pose a risk of infection. A third-degree burn is severe, usually due to prolonged exposure. A third-degree burn affects the outer layer of skin (the epidermis), the second layer of skin (the dermis) and the layer of fat beneath the dermis. Third-degree burns can appear white or tan and cause the skin to be stiff to the touch. A victim might not feel a third-degree burn due to the destruction of nerves in the area.

A fourth-degree burn is the most severe. It impacts every layer of the skin and fat and reaches into the deep tissues, muscles, tendons and bones. A fourth-degree burn may look black or charred. As in a third-degree burn, a victim might not feel a fourth-degree burn due to nerve ending destruction. Third- and fourth-degree burns require emergency medical attention and can have long-lasting ramifications on a survivor. They often cause permanent scarring, disfigurement and disabilities.

Burns and the Nerves

If a first- or second-degree burn partially damages or disrupts the nerves, you may experience pain followed by tingling, numbness and weakness. Your burned skin will also be sensitive to the touch. In general, however, nerve damage from a minor burn will heal over time. Major burns, on the other hand, can cause permanent nerve damage. A third- or fourth-degree burn can be powerful enough to destroy or seriously damage nerve endings. If you do not feel pain or sensitivity in the area burned, it is a sign that you could have serious and irreversible nerve damage.

Severe nerve damage can lead to neuropathic pain, a common symptom associated with a major burn injury. Neuropathic pain comes from damaged or dysfunctional nerve fibers sending incorrect signals to pain centers elsewhere in the body, causing a shooting and burning pain that many patients describe as electric. Neuropathic pain happens when the nerves are starting to regenerate and repair themselves around a burn injury. Neuropathic pain may go away on its own, but many burn survivors feel it permanently. Chronic neuropathic pain can be either severe and unrelenting or come and go.

If a burn injury permanently damages nerve endings, the nerves may malfunction and cause chronic pain even in areas that are not near the burn. Chronic pain can be physically and emotionally debilitating. Permanent nerve damage can also cause symptoms such as long-term numbness or tingling and the inability to fully use parts of the body. Living with chronic nerve damage from a burn injury could interfere with your job and cause lost wages. You may also have to spend thousands of dollars on medical treatments or drugs to help with pain management. Permanent nerve damage can also impact your quality of life, taking a toll on you mentally and emotionally.

Compensation for a Burn Injury

Although nothing can restore you to your pre-burn physical state, a burn injury lawsuit against the person or entity responsible for causing your burn could help you and your family financially. If you have permanent nerve damage or chronic pain from a major burn injury, you could be eligible for compensation that covers a lifetime of medical treatments, losses of income and reduced quality of life. Contact a Houston burn injury lawyer for advice about your legal options.

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What Is Contributory Negligence and Does it Apply to My Case?

Tue, 04 Feb 2020 18:18:00 GMT

Civil laws in Texas allow you to pursue compensation for a personal injury or property damages if they resulted from someone else’s negligence or intentional wrongdoing. If you believe another person is responsible for causing your accident in Houston, you have the right to bring a cause of action against that person in the pursuit of financial recompense. He or she will then have the chance to use defense tactics to refute your claim and avoid liability. Contributory negligence is a defense you might hear during your case.

What Is Contributory Negligence?

Contributory negligence is a common-law tort doctrine. It states that if an injured party (plaintiff) contributed to the accident or injury in question, this will automatically bar that person from any financial recovery. Contributory negligence laws leave no room for partial or shared fault. Any degree of fault by the plaintiff, no matter how small, will eliminate that party’s ability to recover compensation entirely. Under a traditional contributory negligence rule, just 1% of fault on the plaintiff’s part will lead to $0 in financial compensation for him or her, even if the defendant was 99% responsible.

What Are Texas’ Contributory Negligence Laws?

Most states and jurisdictions have abolished the contributory negligence rule due to its extreme nature and negative consequences for many accident victims. Thirty-two states use comparative negligence or modified comparative negligence rules instead. In comparative negligence states, a victim’s contribution to the accident or injury in question will not bar him or her entirely from recovery. Instead, it will diminish the recovery award by a percentage equivalent to the plaintiff’s degree of fault.

Texas is in the majority in that it uses a modified comparative negligence rule. For example, if a plaintiff is 30% responsible for causing an accident in Texas, he or she could still receive the remaining 70% of a financial compensation award. Furthermore, Texas uses a 51% Bar Rule. Under this rule, if a plaintiff is more than 51% at fault for the accident, he or she cannot recover any compensation. Fifty-one percent liability is the cut-off point for a plaintiff to receive an award in Texas.

The comparative negligence defense might apply to your case if you were partially to blame or if the defendant is trying to allege that you were to blame. If you were not paying attention to the road but the other driver ran a red light, for instance, the other driver might try to minimize his or her liability by establishing your comparative fault using cellphone records or other evidence. If the defendant succeeds, you could receive less compensation. Hiring a lawyer from the start can help you prepare for and counteract a comparative negligence defense.

What If Contributory Negligence Applies to My Case?

It is very important to hire an attorney if you think the defense will have reason to use a contributory negligence argument against you. Since Texas is a comparative negligence state, not a contributory negligence state, this argument may not bar you from receiving 100% of an award, but it could drastically reduce your recovery. If the defendant succeeds in convincing the judge or jury that you contributed to your own accident or injuries, the courts will reduce your compensatory award accordingly.

If the courts determine you to be 20% at fault for your accident, for example, and awarded a $100,000 verdict for your economic and noneconomic damages, they would reduce this award by $20,000. The amount you would take home is $80,000 rather than $100,000. The best way to combat a comparative negligence defense is by hiring a lawyer. Your lawyer can help preserve and present evidence in such a way as to prove the defendant’s fault or defend you from allegations of contributory negligence. A Houston personal injury lawyer can fight to maximize your recovery award.

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Can a Bicyclist Be at Fault for an Accident?

Thu, 23 Jan 2020 17:27:00 GMT

Most people assume that because a bicyclist can suffer more serious injuries in a collision than a motorist, he or she will not be at fault for a crash. Yet the laws in most states, including Texas, give bicyclists the same rights and responsibilities as motor vehicle drivers – meaning the law can find them at fault for causing car accidents.

Texas’ Bicycle Laws

Under Texas Transportation Code section 551.101 , a bicyclist has all the same operational rights and duties applicable to drivers, with a few exceptions. Bicyclists in Texas must obey all standard traffic laws, including stop signs, traffic lights, speed limits and rights-of-way. They must ride traveling in the same direction as motor vehicles, as far to the right-hand side of the road as they can. Cyclists must stay off of sidewalks in downtown areas and yield to pedestrians. They cannot make unsafe lane changes, run red lights or engage in other dangerous practices.

Bicyclists also have rights. Motorists and other roadway users must respect a biker’s rights to the road. Motorists should not tailgate a bicyclist. Drivers must yield to bicyclists as they would other drivers. They may only pass bicyclists if they do not come close enough to constitute a hazard. Motorists must also watch for passing cyclists before opening their car doors to avoid a serious accident known as dooring. If a motorist breaches any of his or her duties to a bicyclist and causes an accident, the motorist could be liable.

Determining Fault for a Bicycle Accident

In any motor vehicle accident, whether it involves two cars, a car and a bicycle, or another combination of road users, the method for determining fault remains the same. The party legally at fault for the crash will be the one behind the proximate (main) cause of the accident. This could be the bicyclist in certain situations. If the bicyclist rolled through a stop sign, for example, and a driver crossing through the intersection struck the cyclist, the cyclist could be at fault for his or her own injuries for breaking the rules of the road.

Proving fault during a motor vehicle accident claim takes four main elements: duty, breach, causation and damages. The party financially responsible for the collision must be guilty of breaching a duty of care he or she owed the other party, such as the duty to reasonably prevent an accident. This breach of duty of care must be a main contributing factor to the collision, and the victim must have suffered specific losses as a result. If either the motor vehicle driver or the bicyclist can prove these four main elements, the other party will owe him or her compensation for damages.

Comparative Negligence in Texas

Texas law allows for the division of personal injury liability between two or more parties. Both parties can share a portion of fault for the same accident. The victim can still recover partial compensation, however, up to a threshold. Texas’ modified comparative negligence law states that an injured claimant can still obtain compensation despite contributing to the accident as long as he or she is less than 51% at fault. If the motor vehicle driver can prove the cyclist was more than half responsible for the collision, the bicyclist may lose all right to compensation – even if he or she suffered more serious injuries than the driver.

Using a comparative negligence defense during a bicycle accident claim takes establishing the injured party’s fault through clear and convincing evidence. This evidence could include police reports, eyewitness interviews, photographs of the crash, crash reconstruction or opinions from crash experts. The courts will examine the evidence and rule on whether or not the plaintiff contributed to the crash, and if so, by how much. The courts will then reduce the plaintiff’s compensatory award by his or her percentage of fault. If fault falls over 50%, the plaintiff will receive nothing. Help from an attorney could enable an injured party to maximize his or her compensation after a bicycle accident in Houston .

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Types of Paralysis

Tue, 21 Jan 2020 17:23:00 GMT

Paralysis refers to the loss of muscle function and/or sensation in part of the body. While most people associate paralysis with spinal cord injuries, many different injuries, illnesses and natural-born conditions can lead to paralysis. The common causes of paralysis include traumatic accidents, infections, cancers, strokes, brain injuries, surgical errors and cerebral palsy. Learning the types of paralysis can help you understand what to expect if you or a loved one receives a paralysis diagnosis.

Temporary vs. Permanent

Not all types of paralysis are permanent conditions. Temporary paralysis may arise from conditions such as Bell’s palsy or birth injuries. A patient will eventually recover from temporary paralysis. Permanent paralysis, however, is incurable and will cause loss of muscle function in the affected areas into the foreseeable future, with possible improvements through treatments.

Partial vs. Complete

A patient with partial paralysis may retain some feeling, sensation or ability to move in the affected areas. Complete paralysis means the total inability to move or feel the muscles. A patient will retain some muscle control with partial paralysis but lose all muscle control with complete. Localized paralysis refers to the inability to move only one part of the body, such as the face, while generalized paralysis affects multiple parts of the body.

Flaccid vs. Spastic

Flaccid paralysis occurs when the muscles become weak due to an injury or condition that makes the muscles shrink and become flabby. Flaccid muscles will appear relaxed and typically do not move on their own. Spastic paralysis, on the other hand, describes muscles that become hard and tight. Spastic muscles might experience periodic spasms, or involuntary jerking movements. The patient will not be able to voluntarily move the affected limbs with flaccid or spastic paralysis.

Monoplegia

When a doctor diagnoses a patient with paralysis, he or she will categorize the condition based on how many body parts it affects. Monoplegia – as implied by its prefix, mono – refers to the paralysis of a single part of the body. A person may suffer from monoplegia if he or she loses muscle function and feeling in just one arm or leg, for example. Patients with monoplegia can typically move the rest of his or her body other than the damaged or injured limb. Strokes, brain injuries and cerebral palsy often cause temporary or permanent monoplegia.

Hemiplegia

Hemiplegia affects the limbs on only one side of the body, such as the left arm and left leg only. The other side of the body retains its feeling and function. The severity of hemiplegia can vary significantly from patient to patient, but it often starts as tingling in the body before escalating into full paralysis.

Paraplegia

Paraplegia is the paralysis of the lower half of the body. Paraplegia can refer to paralysis in both legs only, both legs and the pelvis, or both legs and the trunk of the body. A patient may or may not retain the function of his or her bowels, urinary tract, and sexual organs with paraplegia. Brain injuries, tumors, infections and spine injuries can cause paraplegia.

Triplegia

Triplegia affects three limbs, but not the fourth. For example, the patient may experience paralysis in both legs and only one arm, or (less commonly) both arms and one leg. Cerebral palsy is a common cause of triplegia, as are traumatic brain injuries. Triplegia may or may not involve paralysis of the trunk of the body.

Quadriplegia (Tetraplegia)

The most significantly disabling category of paralysis is quadriplegia. Quadriplegia (also called tetraplegia) is the paralysis of all four limbs and the trunk of the body. The patient may or may not have paralysis in the neck and respiratory system as well. Some patients with quadriplegia require breathing machines, while others do not.

With physical therapy, surgeries and other treatment methods, it may be possible for a patient with paralysis to regain function in the affected body parts. If a patient has paralysis due to the negligence of others, he or she may be eligible for financial compensation through a personal injury lawsuit in Houston .

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Best Ways to Reduce Distracted Driving

Thu, 16 Jan 2020 17:18:00 GMT

Distracted driving is one of the deadliest risks on the road. A distracted driver may be unable to swerve, hit the brakes or otherwise react to a changing roadway situation in time to prevent a vehicle collision. Unfortunately, driving distracted is also one of the most common mistakes drivers make. As a motorist in Houston, take your responsibility to drive safely seriously. Before you get behind the wheel, reduce the likelihood of distracted driving with a few proven tips.

Learn the Risks

Education on the subject of distracted driving can be a powerful motivator behind changing your driving habits. Start with an understanding of how many accidents, deaths and serious injuries distracted drivers cause each year. In 2017 alone, 3,166 people died in distracted driving collisions in the U.S. Thousands of others suffered serious injuries that will change their lives forever. Many distracted driving accidents stem from cellphone use behind the wheel.

It does not take much to distract you enough to cause an accident. The National Highway Traffic Safety Administration says reading one text at 55 miles per hour can be the equivalent of driving across a football field with your eyes closed. Place your phone in the glovebox or in a hands-free holder to reduce your risk of using it while you drive. While it is legal to use a hands-free device, you cannot use a handheld device to text under Texas law . Many cities have passed additional ordinances banning all cellphone use. Texting and driving is one of the deadliest forms of driver distraction. Always put your phone away while driving.

Do Not Multitask

The rate of distracted driving has grown in recent years due to the rise of a do-it-all culture. Many drivers feel pressure from their employers, teachers or families to get more done, faster. This could lead to trying to multitask behind the wheel, such as making business calls on a commute or trying to finish a chapter of required reading while driving to class. Eating, drinking, personal grooming, emailing, making phone calls, reading and performing other tasks behind the wheel is distracted driving. Dedicate your driving time to driving alone. Do not try to multitask while operating a motor vehicle.

Install Prevention Apps

If you have a hard time putting your cellphone away while driving, install apps that will automatically restrict your use while driving. Many app makers have created programs to solve the problem of distracted driving. You can install an app that will block your texts and phone calls until you have parked the car or one that rewards you for safe driving behaviors, such as not picking up your phone while the car is in motion. Most apps are free or require a nominal fee to help improve your safety.

Control Teen Phone Activity

Teenagers are the main demographic of drivers who text and drive. Set a positive example for your teens by paying attention to the road when you drive. Teach them about the serious risks of driving distracted and have them pledge to never text or talk on the phone while driving. Make a rule that your teen driver cannot have more than one or two passengers in the car at a time. Then, go the extra mile toward teen driver safety using an app that can track driving skills and phone use. Download a family-friendly app that allows you to control if and when your child uses his or her cellphone while driving. You can restrict it to only being able to dial 911, for example, using an app that knows when your teen is driving.

Invest in Autonomous Technology

Autonomous cars can help prevent distracted driving through technologies such as lane-keeping assist. A modern vehicle will have sensors that know when you are drifting out of your lane. The sensors can then send a warning sound through the cab to let you know you need to pay better attention to the road. If you worry about distracted driving for you or your kids, invest in a newer car that has anti-distracted driving technologies. In conjunction with your own commitment to driving safely, vehicle technologies can work to reduce your risk of a car accident.

If you’ve been injured by a distracted driver, speak with our Houston car accident lawyers today .

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The Dangers of Indoor Play Areas

Tue, 14 Jan 2020 17:13:00 GMT

Many parents assume indoor play areas, such as those at many fast-food chains, are reasonably safe for kids. After all, manufacturers design indoor play areas specifically for young children. They should not contain hazards or defects that put kids’ lives in danger. Unfortunately, defective products, failure to adhere to safety standards, negligent maintenance and many other problems lead to unsafe play structures around the country. Parents should be aware of the dangers indoor play areas can pose. If an accident happens, the establishment and/or play structure manufacturer could be liable.

Fall Risks

Falls and impacts with moving equipment account for 74% of child playground injuries, according to one Consumer Product Safety Commission (CPSC) study . Falls and impacts can occur due to defectively designed playground equipment, lack of parental supervision and maintenance negligence. Falls are a major cause of serious and fatal child injuries in indoor play areas.

Although no manufacturer has the power to prevent all falls, they should reasonably reduce the risk through safe equipment designs. Establishments should also decrease the risk of serious injuries by installing safe floors. The floor material should be padded enough to reduce the risk of a traumatic brain injury if a child falls and hits his or her head. Dangerous wood or tile floors could unreasonably increase the odds of slip & fall injuries .

Defective Playground Structures

Many indoor play areas have equipment with inherently unsafe designs or manufacturing flaws. The CPSC is always announcing new playground equipment recalls due to potential hazards to young children. In December 2019, for example, BCI Burke recalled its Merge Playground Climber due to a potential entrapment hazard. The company recalled 440 units after realizing the open welded rungs on the sides of the climber could potentially entrap and injure children. This is just one of thousands of examples of defective playground equipment over the years.

Manufacturers owe a duty of care not to design, produce or market defective or dangerous products. If a defective piece of indoor play area equipment causes an injury, the manufacturer or distributor could be liable for damages. Texas’ strict product liability laws may hold the manufacturer responsible for any injuries or deaths a product defect causes whether or not the manufacturer was negligent.

Sharp Edges

Some indoor play areas contain preventable hazards for young children, such as sharp corners or edges. A child could trip and fall into the sharp edge, striking his or her face, head, neck or other body parts. A sharp edge could cause injuries such as lacerations, bruises, head injuries, concussions, muscle damage and broken bones. It is up to the establishment that has the indoor play area to inspect for sharp edges or other common child safety risks and to remedy them before inviting children to play. Otherwise, the restaurant could be liable for injuries under Texas’ premises liability laws.

Unhygienic Conditions

It is also up to establishments to keep indoor play areas clean, hygienic and sanitary. A restaurant staff member should inspect the play area regularly to check for hazards such as dirty diapers, defecation, urine, vomit, blood or other biohazards from children using the play equipment. They should also check for rotten food or spilled drinks. Unclean indoor play areas could lead to bacteria, fungus, mold and other health hazards that could cause illnesses or infections in children.

If an indoor play area injury stemmed from a defective product, the manufacturer could be liable. If it arose from a negligent restaurant or fast-food chain, the establishment could be liable instead. Parents should work with personal injury attorneys to understand who might be responsible for indoor play area injuries in Houston.

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Safety Tips for Driving Around Work Zones

Thu, 09 Jan 2020 17:09:00 GMT

Work zones can be dangerous settings for drivers. They often have bright floodlights, heavy machinery, workers present, confusing detours, and other hazards and distractions that can lead to car accidents. In the past five years, work zone accidents caused over 200,000 injuries and 4,400 deaths, according to the Federal Highway Administration . Avoid driving through work zones whenever possible. If you must pass through a work zone in Houston, follow a few tips to improve your safety.

Slow Down

Speeding is one of the main causes of fatal work zone accidents. Driving too fast through a work zone can make it impossible to stop on time to avoid a collision with a slow-moving vehicle, barricade or construction worker. Most work zones temporarily reduce speed limits to below what they normally are in the area for greater worker safety. You must follow the posted work zone speed limits until the end of the construction zone. The city often doubles fines for speeding in work zones.

Be Patient

If the city needs to close down one or more lanes to accommodate a work zone, it will generally warn drivers ahead of time with roadside signs. Give yourself extra time if you know you will need to pass through a work zone. Reduce your speed, be patient and let others merge if necessary. Growing impatient, frustrated or angry in slow work zone traffic could lead to road rage or reckless driving. Leaving early can help you prevent getting upset while driving through a work zone.

Increase Following Distance

Most work zone car accidents are rear-end collisions. A work zone can lead to sudden drops in the speeds of surrounding vehicles. If you do not pay attention to changing roadway conditions, you may collide with the back of a vehicle that has reduced its speed in front of you. Keep your eyes on the road and increase your following distance to avoid a rear-end collision. Minimize distractions while passing through a work zone. Avoid looking at your phone, GPS, radio, children in the back seat or things outside.

Read the Signs

Work zones may have signs warning drivers of potential risks. These may include “Road Work Ahead,” “Uneven Shoulder,” “Loose Gravel,” “Merge,” “Flagger Ahead” and “Detour.” Read work zone signs as you drive to know what to expect. Follow any directions a flagger or traffic controller gives you. Be extra careful in unfamiliar or confusing detours. Slow down, take your time and obey work zone area signs to avoid an accident.

Watch for Workers

Although the greatest number of work zone deaths are passenger vehicle drivers, thousands of workers have also lost their lives. Work zones can be dangerous areas for workers, especially when drivers are reckless or negligent. Avoid putting yourself or workers in danger by watching for roadside workers in construction zones. Keep your eyes on the road, not on construction vehicles or bright work zone lights. Assume the work zone is active. Take your foot off the gas pedal and prepare to stop at a moment’s notice to avoid striking a roadside worker.

Expect the Unexpected

Work zones are unpredictable. They can involve potholes, loose rubble, dips in the road, dangerous equipment, detours and other elements drivers usually do not have to deal with. The best way to avoid a work zone crash is to expect the unexpected. Prepare for anything – a worker walking into the road, an abrupt turn, a dead-end or reduced speed limits. Being ready for anything can allow you to react safely and confidently to changes. If you get into a work zone car accident, speak to an attorney about your potential right to file a claim. The city or construction company may owe you compensation for your damages.

Call us today to speak with our Houston construction accident attorneys .

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Truck Accidents Caused By Truck Maintenance Negligence

Tue, 07 Jan 2020 16:59:00 GMT

Commercial trucking is a heavily regulated industry. Many federal laws control the safety of the trucking industry, including laws requiring companies to maintain a certain level of truck upkeep. Every truck company in the U.S. must adequately maintain its fleet, while drivers must inspect their big rigs before each drive. Truck maintenance negligence can lead to preventable accidents, injuries and deaths.

Truck Maintenance Regulations

Truck maintenance is an integral part of the industry. Every truck company, owner and driver has a legal responsibility to keep up with adequate vehicle maintenance. This involves obeying regulations by the Federal Motor Carrier Safety Administration (FMCSA) for truck inspections, maintenance and repairs. The FMCSA states that all trucking companies must regularly maintain their trucks to keep them in safe operating condition. While it does not give specifically required intervals, the law requires regular enough maintenance to ensure proper functioning. Motor carriers must also keep maintenance logs for at least the last 30 days.

According to federal law, all parts and accessories of a commercial truck must be in safe and proper working condition at all times. Failing to meet this expectation is a breach of duty on the part of the motor carrier. Unfortunately, many trucking companies, truck owners and operators skip maintenance requirements to save time or money. This act of negligence could lead to a preventable truck accident if the defective part breaks down or malfunctions in transit. Operating a truck in poor condition is a dangerous breach of federal law.

Maintenance-Related Truck Accident Statistics

The total number of truck-related fatal accidents in 2017 was 4,657, according to the FMCSA . In 2017, 5% of the large trucks involved in fatal accidents (233 trucks) experienced vehicle-related issues that caused the accidents. The most common vehicle problems had to do with truck tires. These may include tire blowouts or flats from lack of proper truck maintenance. It can be difficult for even an experienced truck driver to control a truck that has a tire blowout. Loss of truck control could lead to catastrophic or fatal accidents. Other common truck parts that contribute to accidents include brakes, fluids, engines, wheel bearings, starters and U-joints.

Who Is Liable?

If negligent truck maintenance causes or contributes to an auto accident, the truck company could be liable for victims’ damages. The company will be vicariously responsible for the negligence of its drivers, staff members and hired mechanics, in most cases. If a truck driver skipped a daily inspection to save time, for example, and this led to a maintenance-related accident, the company would be vicariously liable. Even if the driver or worker was a hired contractor, the trucking company could be liable under federal law.

The trucking company could also be financially responsible if it contributed to the accident more directly. If it was the company that engaged in negligent maintenance practices, for instance, and this caused the crash, the company could be liable. A trucking company may pay for low-quality repairs, ignore federal maintenance requirements, skip fleet inspections or engage in many other acts of negligence that could contribute to a truck part breaking down.

In other cases, the part malfunction may trace back to a product defect rather than truck maintenance negligence. If the part that malfunctioned contained a defect, the manufacturer may be liable instead of the truck company. A truck part manufacturer or distributor could be accountable if the part contained a manufacturing, design or marketing defect that contributed to the crash. Strict product liability laws may apply to these cases, removing the burden to prove negligence from the claimant. Identifying the source of a truck breakdown and related truck accident may take help from an attorney.

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Potential Long-Term Effects of Car Accidents on Children

Thu, 19 Dec 2019 23:47:00 GMT

Car accidents are traumatizing no matter what age you are as a passenger. Children, however, are more prone to long-term physical and psychological effects after a car accident than adults. After an auto accident, a child may exhibit signs of post-traumatic stress disorder, such as flashbacks, nightmares or regression. The severe injuries a child sustains in a car accident could also have lifelong physical effects. You and your family could be eligible for a substantial financial award for your child’s long-term damages in Texas.

Car Accidents and Emotional Distress

A serious car accident can cause long-lasting mental health problems for a child victim. Children may not entirely understand what happened during a car accident or how to cope with the fear and trauma the crash inflicted. Children are not as emotionally stable as adults, making them vulnerable to potential long-term psychological damages after traumatic experiences such as car crashes. Child survivors of car accidents may suffer many intangible damages.

If a child lost a loved one in the car accident, such as a parent or sibling, the emotional distress from the experience could be even more severe. Suffering such a serious loss at a young age could set the child up for related problems in the future, as an adult, including depression, drug or alcohol addiction, or suicidal thoughts or actions. It is important for a parent to get a child the professional help he or she needs after a traumatizing auto accident, such as psychological treatment, to facilitate emotional healing.

Long-Term Physical Injuries

Children are also more vulnerable to serious physical injuries in a crash. Their bodies are still developing, leading to unique issues such as soft bones and the potential for stunted growth or lack of proper muscle development as they grow. Even with a safety device such as a car seat, a child could suffer life-changing injuries in an auto accident. Some of the most common include traumatic brain injuries, internal organ damage and spinal cord injuries. Serious injuries could haunt a child for life, leading to medical problems even as an adult. A child that suffers a brain injury in a car accident, for example, could experience lifelong symptoms ranging from cognitive challenges to motor function deficits.

A permanent disability in a child due to an auto accident could require millions of dollars in lifelong medical care. A paralyzing spinal cord injury, for example, could require disability accommodations for the child for life. If the average lifetime cost of a spinal cord injury acquired at age 25 exceeds $4 million, one sustained younger will cost even more. A permanently disabled child could also suffer related losses in the form of lost wages and lost future capacity to earn. Permanent physical injuries can also contribute to a child’s emotional distress, including lack of self-confidence and low self-esteem.

Recovering Compensation for a Child’s Future Losses

It is important to consider all the potential long-term effects of a car accident, physically and emotionally, on a child during a personal injury claim. If you file a claim against someone for your child’s crash-related injuries, do not only demand compensation for what he or she has already suffered. Use an attorney to help you also calculate the foreseeable future losses your child will suffer and hardships he or she will face because of the crash or permanent injuries.

Your family could be eligible for a monetary award to cover all past and future medical expenses, lost wages, physical pain, emotional suffering, psychological distress and lost quality of life a child will suffer because of a car accident. Although money will not repair the extreme damages your child has suffered, it could give your family financial stability and peace of mind during a difficult time or the years to come. A compensatory award could enable you to provide for your child’s medical, physical and emotional needs for life.

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Misdiagnosis and Failure to Diagnose

Tue, 17 Dec 2019 23:47:00 GMT

It is a doctor’s job to make reasonable and accurate medical diagnoses based on the standards of patient care in the industry. Although the medical industry does not require physicians to be right 100% of the time, it does require them to uphold certain standards during patient diagnoses. If a physician falls short of the expected standards of care, it could lead to a preventable misdiagnosis or failure to diagnose – two forms of medical malpractice that could cause serious patient harm. The physician may then be liable for the patient’s related injuries, damages or death.

When Are Diagnosis Mistakes Malpractice?

Just because a physician misdiagnosed or failed to diagnose your condition does not mean you are a victim of medical malpractice. For a diagnosis error to fulfill the definition of malpractice, the physician must have breached a duty of care to you in a way that a reasonable and prudent physician would not have under the same circumstances. You or a lawyer will need to prove the existence of four main elements to have a malpractice case in Texas.

The medical industry standard of care during patient diagnosis includes listening to the patient’s complaints, asking about symptoms, making a list of possible diagnoses, referring the patient to a specialist (if necessary) and conducting the appropriate tests to narrow down the list of possibilities. A physician should use the process of eliminations to identify the injury, illness or condition most likely to be what is ailing the patient based on the facts at hand and test results. Any breach of this standard of care, resulting in misdiagnosis or failure to diagnose, is medical malpractice.

How to Prove Malpractice

A judge or jury in Texas will need to agree, based on a preponderance of evidence, that the physician in question breached his or her duties of care to you during diagnosis, causing your damages. This evidence often comes in the form of medical expert testimony. Texas law ( Civil Practice and Remedies Code section 74.351 ) requires you to serve an expert report on the defendant within 120 days of filing your medical malpractice lawsuit. This report must state that the physician named as the defendant failed to meet the applicable standard of care during your diagnosis and that this is what caused your injuries. It must contain the signature of a qualified expert in the medical field.

You must file your malpractice lawsuit within two years of the alleged diagnosis error or your discovery of that error in Texas. You can wait no longer than 10 years maximum after the date of the negligent misdiagnosis to file your claim, regardless of the date of discovery. Work with an attorney to hire medical experts and submit your required expert report by the deadline. A medical malpractice attorney can file your initial claim and help you gather available evidence of misdiagnosis or failure to diagnose, such as medical records or testimony from experts, to help win your case. A successful malpractice lawsuit in Texas could end in compensation for your related economic and noneconomic damages, including the loss of a loved one.

Call us today to speak with a Houston personal injury lawyer .

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Airbags Can Cause Injuries in Crashes

Thu, 12 Dec 2019 23:43:00 GMT

Although airbags have saved thousands of lives, they have also been behind serious – and even fatal – injuries. Improper deployment and airbag defects have caused life-changing vehicle occupant injuries ranging from broken bones to concussions. If you suffer an injury from an airbag in an auto accident, you may have grounds for a case against the airbag’s manufacturer. Airbag manufacturers may be liable for defects that cause serious or fatal occupant injuries, as well as for airbags that pose an unreasonable risk of harm to vehicle occupants.

Defective Airbag Injuries

A product defect is something the manufacturer or distributor did not intend for the airbag to contain, making it unreasonably dangerous for consumers. A defect can occur in an airbag’s design, marketing or manufacture. When something as important as a life-saving device contains a defect, the outcome for consumers can be fatal. In the case of defective Takata airbags , for example, at least 250 victims have suffered serious injuries and 16 have died. Airbags can experience many different types of defects that may harm consumers.

The Takata airbag recall involves about 56 million defective airbags that could potentially explode upon deployment. This is an extreme example of an airbag defect and how it can seriously injure vehicle occupants in an accident. Even a minor defect, however, could be life-changing if it prevents the airbag from working as it should during a collision. Airbag manufacturers will be strictly liable for their defective products in most cases.

Defective airbags can cause serious injuries such as lacerations, eye injuries, shrapnel injuries, traumatic brain injuries, penetrating head injuries, chest injuries, internal organ damage, fractured ribs, lung injuries, whiplash, neck and back injuries, contusions, bruises, wrist injuries, chemical burns, and skin irritation. The most serious defective airbag cases can even cause a victim’s wrongful death. Victims and their loved ones will have grounds for claims after suffering injuries from defective airbags.

Airbag Injuries Without Defects

Even if an airbag does not contain a defect, deployment could cause injuries to a passenger in a collision. The force at which the average airbag deploys could cause injuries such as broken bones, bruising or a traumatic brain injury if the victim was sitting too close to the airbag or was not wearing a seat belt at the time of deployment. Children are especially prone to serious airbag-related injuries. Children should not sit in the front seat due to the force at which an airbag deploys. Manufacturers designed airbags for adults, not for kids. The power of an airbag could cause fatal injuries to a child passenger.

The chemicals used to initiate the fast deployment of an airbag could also cause injuries. The airbag inflates when a crash triggers a sensor, catalyzing a chain of events to deploy the airbag. The triggered sensor will produce a gas – usually nitrogen or argon – and an ignitor to instantly inflate the bag. The release of the airbag usually comes with dust mixed with chemicals, such as sodium azide or talcum powder, that could injure the passenger. Airbag chemicals can cause skin irritation, burns, eye injuries, respiratory problems and asthma attacks.

What to Do After Suffering an Airbag Injury

If a doctor concludes your injuries arose from an airbag during a car accident , you may have grounds for a product liability claim against the airbag manufacturer. An injury case centered on a defective airbag generally will not require you to prove the manufacturer’s negligence to receive compensation. Other cases, however, may require you or your attorney to prove that another airbag manufacturer would have created a safer product, placing liability for your injuries with the manufacturer in question. Speak to an attorney after suffering airbag-related injuries to explore your legal rights.

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Medical Treatment for a Concussion

Tue, 10 Dec 2019 23:39:00 GMT

A concussion is a type of brain injury that can cause temporary to long-term symptoms. Severe concussions can cause issues such as cognitive challenges and behavioral changes, while minor concussions can cause headaches, nausea and memory loss. It is critical to go to an emergency room after any bump or blow to the head to diagnose a concussion. Then, you can receive the medical care you need to try to minimize the effects the concussion might have on your life.

How a Doctor Diagnoses a Concussion

A concussion is a traumatic brain injury, meaning it arises from an outside force striking the skull. An acquired brain injury, on the other hand, comes from internal problems, such as lack of blood or oxygen to the brain. The most causes of concussions are car crashes , slip/trip and falls, struck-by objects, sports impacts and acts of violence. You may have a concussion if anything struck your head in an accident and you notice possible symptoms.

If you hit your head, go to the hospital for injury diagnosis. Do not assume you do not have a concussion just because you feel fine. Concussions may have delayed or masked symptoms, but may still appear on x-rays such as CT scans. A doctor may use a physical exam, x-rays and other tests to diagnose a brain injury. Then, the doctor will recommend a treatment plan based on the severity of the concussion and the part of the brain impacted.

Treatments for Concussions

Doctors do not have a quick fix for traumatic brain injuries such as concussions. Instead, they rely in large part on the brain healing itself over time. As a patient with a concussion, the best thing you can do is create an environment for your brain that facilitates damage repair and healing. Your goal should be to reverse the chemical changes and damage to brain cells the concussion caused. Although each injury and patient is unique, physicians generally rely on a few different recommendations for treating concussions.

These treatments are generally enough to allow the brain to heal itself from a concussion. If you have a severe concussion, however, a doctor may also prescribe treatments such as surgery or medical procedures. It is important to go to the hospital, get an official diagnosis and receive a treatment plan from a doctor after a blow to the head. Your brain injury could be more serious than you think and require additional treatment besides bed rest and fluids. A doctor can help you treat your specific injury for the best possible recovery.

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Should You Go to the ER After a Car Accident?

Thu, 05 Dec 2019 23:36:00 GMT

Car accidents are a leading cause of serious personal injuries in the U.S. A vehicle collision can cause injuries ranging from bone fractures to traumatic brain damage. Failing to go to the emergency room (ER) immediately after a car accident could hurt you in multiple ways. It could make it more difficult to obtain insurance coverage for your medical costs. Delayed care could also worsen your prognosis for physical recovery. You should always seek medical care after a car accident in Texas , even if you do not feel injured.

The Importance of Prompt Medical Care

When a car insurance company is reviewing a claim, one of the things it will look for is whether the victim sought medical care after the accident. Proof that you went immediately to the ER and received professional health care services, such as medical records or hospital bills, can strengthen your claim to damages. The insurance company will have hard evidence that you did sustain an injury and incur medical costs, and that you also did all you could to not make the injuries worse.

If you fail to go to the ER after a car accident, you could lose important evidence supporting the fact that you suffered injuries in the wreck. The at-fault driver’s insurance company may deny or delay your claim due to a lack of proof that you got hurt in the collision. Without a medical record documenting the types, severities and causes of your injuries, the insurance company may have grounds to deny your claim or reduce the amount of benefits offered. The insurance agent could argue that your injuries did not come from the auto accident, or that they do not exist at all.

Another reason to go immediately to the ER is to receive important medical treatment for your injuries. Prompt medical care can properly treat your injuries and put you on the correct path toward physical recovery. Otherwise, you could make your injuries worse through lack of medical care. An insurance company can use this argument – that you exacerbated your injuries or worsened your prognosis – to reduce or eliminate your financial recovery.

Hidden Injuries After a Car Accident

You should always seek emergency medical treatment after a car accident, even if you do not think you have any injuries. Many car crash victims wrongfully assume they do not have any injuries due to adrenaline masking pain and other symptoms. The adrenaline of a collision could make it difficult to tell if you have injuries. Do not, however, tell the police or an insurance company that you are uninjured until a doctor has confirmed this. You may have sustained an injury with delayed or concealed symptoms.

Some of the most serious injuries do not present themselves with detectable symptoms right away. A traumatic brain injury, for example, could cause silent bleeding or swelling in the brain without the victim noticing for hours or even days. A slipped spinal cord disk could also have delayed symptoms. You might not notice damage to your back until later when you activate the dormant injury by lifting a box or moving the wrong way. Going to the emergency room right after an auto accident can give you the tests and scans necessary to detect and diagnose a hidden injury.

Emergency Room vs. Urgent Care Center

Emergency rooms are better suited to handle emergency-related injuries, such as those suffered in an auto accident, than urgent care centers, in general. Crash-related trauma, such as broken bones, internal bleeding or severe burns are injuries an ER has the tools and personnel to properly address. An urgent care center, on the other hand, may be able to adequately respond to minor injuries. If you have severe injuries after a crash, go to the ER. If you have minor injuries or do not feel injured, you can choose an urgent care center for faster care instead. Both are better than seeing no doctor at all after a car accident.

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Hotel Pool Accidents

Tue, 03 Dec 2019 23:26:00 GMT

Swimming pool accidents are a common type of tragedy around the U.S. Unintentional drowning is the fifth leading cause of injury-related death in the country, responsible for an average of 10 deaths per day. Children and males are most at risk of swimming pool drowning incidents. If a hotel offers a swimming pool on its premises, it has a legal duty to ensure the reasonable safety of the pool before welcoming guests. Unfortunately, many hotels fail to fulfill this duty, leading to preventable tragedies.

Common Types of Hotel Pool Accidents

Hotel guests have the right to assume property swimming pools, spas and hot tubs are reasonably safe. Hotels should take the steps necessary to ensure the safety of its pools, such as inspecting them for issues, making swift repairs, hiring lifeguards, training staff members and posting warning signs. When a hotel fails to fulfill the expectation of reasonable safety and guests suffer serious injuries as a result, the hotel could be liable for damages.

A pool accident at a hotel in Texas has the potential to cause serious, life-changing injuries to a victim. Pool accident injuries can include broken bones, spinal cord fractures, lacerations, traumatic brain injuries, brain damage from lack of oxygen, muscle strains, evisceration and wrongful death . If a hotel guest suffers a serious injury due to a swimming pool or related premises defect, the hotel may have to pay for that guest’s damages.

Who Is Liable?

Swimming pool accidents fall under the legal doctrine of premises liability. Premises liability law states that the owner of a premises, the property owner, will be legally responsible for adequately maintaining and safely controlling the property. It is a landowner’s duty to exercise due care to prevent harm to invited guests (invitees) and licensees. If a hotel breaches this duty and a guest gets hurt, that guest may have grounds for a lawsuit against the hotel.

The hotel corporation overseeing the building where the pool accident occurred could be liable for an accident if it reasonably should have done more to prevent it from happening. If the hotel failed to install adequate barriers to keep wandering children out of the pool area, for instance, the hotel could be liable for damages. The hotel could also be vicariously liable for the actions of its staff. If hotel staff members were negligent in cleaning, maintaining, inspecting or repairing the pool, for example, the hotel will be liable.

Another potentially liable party for a hotel pool accident is the manufacturer of the pool or one of its components. If a faulty or defective part, such as a pool drain cover or pool lights, caused the injuries in question, the manufacturer of the item may be liable instead of or in addition to the hotel. A manufacturer may be strictly liable for a defective swimming pool product that causes injuries, meaning liable for damages even without proof of negligence.

Is Recovery Available?

Victims of hotel pool accidents in Texas have two years from the dates of their incidents to file claims to damages, in most cases. A victim could potentially recover compensation for his or her damages, including medical bills and pain and suffering, by proving that the hotel breached its duty of care to keep the pool reasonably safe for hotel guests or that the manufacturer created a defective product. A personal injury lawyer can help with these types of injury claims.

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How Does a Pre-Existing Condition Affect Your Personal Injury Claim?

Thu, 21 Nov 2019 17:21:00 GMT

Having a pre-existing condition before your accident could make an already complex personal injury claim even more difficult to navigate. Insurance companies may look for reasons to deny your claim or offer less than your injuries are worth. A pre-existing condition can serve as an excuse for treating your claim unfairly. In reality, your pre-existing injury should only affect your personal injury claim if to increase your compensatory award, since the severity and extent of your injuries might be greater due to the pre-existing condition. If an insurance company tries to unfairly deny your claim, speak to a bad faith lawyer in Texas.

Always Disclose Pre-Existing Injuries

A pre-existing condition should not affect your personal injury claim in the sense of hurting your chances of obtaining financial recovery. Even if your injury made you more susceptible to injuries in an accident, an insurance company will still owe you for your related damages and costs.

The only exception is if you try to recover for a pre-existing injury that has nothing to do with your accident. You will need to prove to an insurance company that the accident for which you are claiming exacerbated your pre-existing injury (or vice versa) to recover damages. If your two conditions are not related, the insurance company may have the right to deny the claim or at least offer less compensation.

It is important, however, to always disclose pre-existing injuries to your insurance company. Be upfront about your pre-existing conditions, injuries and accidents. Failing to disclose prior injuries could hurt your chances of recovering a fair compensatory award. The insurance company could allege that you intentionally concealed information or misrepresented facts to get a better settlement. Disclosing your old injuries and getting a physician’s diagnosis of how the new accident has aggravated them is the best way to handle your claim.

Learn the Eggshell Skull Rule

In most states, including Texas, a legal doctrine known as the Eggshell Skull Rule applies to civil cases involving pre-existing injuries. It protects the rights of victims with pre-existing conditions to receive compensation. The Eggshell Skull Rule holds that the at-fault party will be liable for the plaintiff’s injuries as-is, regardless of whether the victim had a pre-existing injury that led to more severe injuries than he or she otherwise would have suffered.

A defendant that commits a tort against a plaintiff will be liable for all the plaintiff’s resultant injuries, including those exacerbated by the plaintiff’s uncommon and unforeseeable conditions. The legal doctrine gives this example: if the plaintiff had a skull as thin as an eggshell and suffered a severe brain injury in an accident, the defendant would still be liable for damages related to the victim’s brain injury – even if a person with a thicker skull would not have suffered the same injuries in the same circumstances. A pre-existing condition will not bar you from recovery for your personal injury accident.

Beware of Insurance Bad Faith

If you were honest and upfront about your pre-existing injury and you have the medical documentation to support your claim, an insurance company could be acting in bad faith if it still denies your claim on the basis of a pre-existing injury. The insurance company could be breaking the Eggshell Skull doctrine by unfairly denying your claim based on a pre-existing condition. According to the law, the defendant that caused your injuries will be liable for their full value, with or without a pre-existing condition exacerbating them.

The best way to protect yourself during the personal injury claims process if you have a pre-existing condition is by working with a personal injury lawyer. An attorney can help you build a stronger case using evidence, proof of your previous medical issues and expert witnesses. A lawyer could also help you combat insurance bad faith practices if an insurance company tries to unfairly deny your claim.

A bad faith lawsuit could lead to additional payments and penalties on top of your original settlement. Speak to a lawyer right away if you get into an accident that aggravates a pre-existing condition, or if a pre-existing condition exacerbates your injuries. Your case could be more complex than the average personal injury claim .

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Understanding Texas’ Car Seat Laws

Tue, 19 Nov 2019 17:18:00 GMT

As a child’s parent or guardian, it is vital to obey Texas’ car seat laws. Breaking the law could not only result in legal trouble such as a ticket and fine but also put your child’s life at risk. Studies show using an appropriate safety seat can drastically reduce a child’s risk of suffering fatal injuries in a car accident . As a leading cause of childhood death, it is important for parents to reduce this risk by using car seats. All states have specific laws mandating the use of child safety seats while vehicles are in operation.

Four Phases of Child Vehicle Safety Seats

In 2017, the Centers for Disease Control and Prevention reported 675 car accident fatalities of children 12 years old and younger throughout the U.S., as well as nearly 116,000 injuries. Some parents and guardians may have had the ability to save their children’s lives by properly buckling them into safety seats. In 2017, 35% of children who did not survive car accidents were not buckled up. Texas has laws in place requiring drivers to properly buckle children up to help prevent child car accident deaths. These requirements have four separate phases.

The longer a child stays in each phase, the better for his or her safety. Keep your child in each type of seat until the child reaches the maximum limits before graduating to the next. Texas Transportation Code section 545.412 makes it a misdemeanor offense to drive a passenger vehicle with a child younger than 8 (unless the child is taller than 4’9”) without securing the child in a proper safety seat system. This offense is punishable by a fine of $25 to $250. A judge may choose to place a defendant on probation for breaking the car seat law or require the defendant to attend a special safety course as well.

Proper Installation and Use

It is not enough for a parent or guardian to invest in the correct type of car seat or booster seat. The parent must also install and use the safety seat system according to the manufacturer’s instructions. Installing a seat incorrectly or failing to buckle your child safely into it could break Texas’ car seat law, even if you have the seat itself. If you need assistance installing or learning how to use a car seat, visit a free inspection station near you. Several children’s hospitals and other organizations offer free car seat inspections.

As a general rule, do not purchase a used car seat. Car seats can degrade in quality and safety over time, especially if exposed to bright sunlight. The plastic could crack or weaken, exposing your child to serious risks of harm. Purchase a new car seat that complies with all federal safety regulations. Seek financial aid or programs for parents who cannot afford car seats if money is an issue. It is also in your child’s best interest to check for car seat recalls before you buy. Some models may contain defects that compromise their ability to protect your child.

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Houston Leads the Country in Postal Worker Dog Attacks

Thu, 14 Nov 2019 17:16:00 GMT

Postal workers have difficult and sometimes dangerous jobs. Walking onto properties to deliver mail and packages can come with unexpected occupational hazards such as animal attacks. Houston, Texas is statistically the worst city in the country for postal worker dog attacks, according to a U.S. Postal Service (USPS) national ranking . In 2018, 5,714 total postal workers experienced dog attacks throughout the U.S. Seventy-five (75) of these incidents occurred in Houston, Texas alone.

Postal Worker Dog Attacks By Neighborhood in Houston

Houston has consistently topped the USPS’s list of cities with frequent postal worker dog attacks. In 2018, Houston came in first place with 75 attacks, outnumbering Los Angeles by 15 incidents. A map of each incident shows Texas and California as the most dangerous states for USPS worker dog attacks, with hotspots around metropolitan areas such as Dallas, Fort Worth, Houston and San Antonio. Dozens of neighborhoods in Houston, Texas reported postal worker dog attacks in 2018.

Other cities in the U.S. that reported the highest numbers of postal worker dog attacks included Philadelphia, Cleveland, Dallas, San Antonio, and Minneapolis. All around, four cities in Texas made the list of top 29 most dangerous cities for USPS workers. Many of the 75 dog attacks affecting postal workers in Houston in 2018 caused serious injuries that required visits to emergency rooms. The USPS releases dog bite data each year during National Dog Bite Prevention Week in the hope of spreading awareness of this issue.

Dangers of Dog Attacks

Dogs attacking postal workers is such a significant issue because of the potential severity of an attack. When a dog attacks, its teeth and claws can cause significant damage to the victim. Dog attack wounds could be fatal, especially for children and the elderly. An attacked postal service worker could suffer serious and life-altering injuries.

Many postal workers end up in hospitals due to dog attacks. Some have to stay there for days or weeks while they receive treatments such as IV fluids and wound care. In severe cases, the victim may need stitches, surgeries or rabies shots. Some ramifications from dog attacks will last forever, inflicting permanent physical and emotional scars on the victim.

Liability for Postal Worker Dog Attacks

Unlike most states, Texas does not have a specific dog bite statute to handle cases involving attacks. Instead, the courts rule on a case-by-case basis. In the past, the Texas courts have primarily used a negligence, or one-bite, rule in deciding dog bite cases. This rule states that a dog owner will only be liable for a dog attack if the owner knew or reasonably should have known of the dog’s propensity to bite, yet failed to prevent the attack. According to the Texas Supreme Court, an owner will also be liable if he or she fails to stop an ongoing attack.

To have a case against a pet owner, an injured postal worker must prove that the owner knew or should have known the dog might attack but negligently failed to prevent it from occurring. Preventing an attack could involve keeping the dog inside, within a fenced area or on a leash. If the owner did not take reasonable measures to protect the postal worker from a foreseeable dog attack, the pet owner could be liable for damages.

Liability for a dog attack could mean the owner has a financial obligation to pay for the victim’s medical expenses (past and future), surgeries, medications and property damage repairs. A victim could also recover damages such as pain and suffering, lost wages, and punitive damages. An individual’s homeowners insurance will cover settlements and verdicts related to dog attacks in most cases.

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New Texas Law Makes it a Felony to Steal Packages

Tue, 12 Nov 2019 17:15:00 GMT

Good news for residents this holiday season: a new law in Texas makes it a felony to steal packages. House Bill 37 , effective September 1 ^st , 2019, added mail theft to the list of criminal offenses in Texas’ Penal Code. As of September, stealing someone’s mail is a felony crime that could result in serious penalties, including up to 10 years in prison and $10,000 in fines. The new law may discourage thieves from taking packages off of victim’s porches in the Lone Star State.

Details of HB 37

House Bill 37 amended Texas Penal Code Chapter 31 to add a section on the crime of mail theft. HB 37 defines mail theft as appropriating a piece of mail (a letter, package, postcard, bag or another sealed article mailed through a common carrier) that is addressed to someone other than the actor. Mail theft could be a misdemeanor or felony if the offender, without the consent of the addressee and with the intent to deprive the victim of the mail, steals pieces of mail that are addressed to at least three other people other than the thief. The crime of mail theft can lead to serious consequences under HB 37.

If a trial shows that the mail thief stole an article that contained a piece of identifying information, and that the thief stole it in an attempt to use this information to commit further crimes, the penalties increase. Appropriating mail from 50 or more addresses with this intent is a first-degree felony, punishable with 5 to 99 years behind bars. If the perpetrator knew the victim of the mail theft was an elderly person or an individual with a disability, the courts will increase the category of the offense by one level.

How to Prevent Mail Theft

The holiday season is historically one of the worst in terms of package theft. Criminals know more packages come to doors during the gift-giving season, as well as packages of greater value. Package thieves can strike any time of year, however, and in any neighborhood. Help protect yourself from this crime with a bit of advanced preparation if you know you are expecting a package.

If someone does steal your mail or packages, alert the carrier that delivered the package. File a police report to document the incident and alert local authorities to crime in your neighborhood. If you have footage of the thief or eyewitness accounts of his or her description, give them to the police to try to track down the culprit. The new law in Texas could mean serious penalties for a mail thief this holiday season.

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What Is Medical Misdiagnosis?

Thu, 07 Nov 2019 17:12:00 GMT

Medical malpractice is a frightening possibility for patients in Texas. Medical malpractice refers to the negligence of a professional in the health care industry, resulting in harm or the wrongful death of a patient. Although the law does not expect a doctor to be perfect, it does expect him or her to uphold the medical industry’s standards of patient care. Any breach of these standards, such as the negligent misdiagnosis of a patient, is malpractice. If malpractice harms a patient, the victim could have grounds for a lawsuit against the physician or hospital for damages.

How Might Misdiagnosis Happen?

Medical misdiagnosis is a doctor’s failure to correctly diagnose a patient’s injury, illness or medical condition. While a doctor does not have to make correct diagnoses 100% of the time, he or she does have to diagnose patients with the good faith belief that he or she is correct, after following the accepted practices for diagnosing someone. First, a physician should perform a physical exam of the patient and listen to his or her complaints, including asking about symptoms. Then, the physician should make a list of all possible diagnoses from most probable to least probable.

Next, the doctor should use the process of eliminations to narrow down the list. The doctor should order additional screens, tests, scans and x-rays to eliminate options until he or she has properly diagnosed the condition. The doctor may also need to refer the patient to a specialist. A doctor could make a misdiagnosis for many reasons. The doctor may have been negligent in following the standards of care in making a diagnosis, or the doctor might be missing information. The circumstances of the misdiagnosis will determine if and when the patient could file a malpractice claim.

When Is Misdiagnosis Malpractice?

The general rule is that if a reasonable and prudent physician with a patient presenting the same symptoms would have made the correct diagnosis, the doctor in question is most likely guilty of medical malpractice. If a reasonable doctor would have correctly identified the condition, the presiding physician must have been negligent or careless in some way to have come to a misdiagnosis. Misdiagnosis is medical malpractice if the physician failed to fulfill the medical standard of care under the circumstances, resulting in diagnosing the wrong condition, unreasonably delaying the diagnosis or failing to make a diagnosis at all.

It is important to realize that a negative patient outcome does not automatically mean malpractice. Unfortunately, some patients can suffer poor outcomes even when a physician makes a correct and prompt diagnosis. Whether malpractice has occurred depends on if the physician breached a duty of care to the patient during diagnosis. A breach of duty, either negligent or intentional, is necessary to fulfill the burden of proof for a medical malpractice claim in Texas. The victim will need proof of malpractice, such as testimony from medical experts in the same field of medicine, to obtain compensation for medical misdiagnosis.

Common Misdiagnoses

A negligent or wanton physician could misdiagnose virtually any condition, but certain misdiagnoses can be more harmful to patients than others. Misdiagnosing a fast-moving illness such as cancer, for example, could cost the patient precious time that leads to a worsened prognosis for survival. Most medical malpractice cases based on a misdiagnosis involve potentially deadly conditions.

Medical misdiagnosis can happen in an emergency room or a doctor’s office. The identity of the at-fault party will determine who the injured patient may name as the defendant in a malpractice claim. If the physician was an independent contractor, he or she may be individually liable. If the doctor was an employee, however, the larger medical facility could be vicariously liable. Patients who believe they suffered medical misdiagnoses should speak to attorneys about their options.

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What Is Vicarious Liability?

Tue, 05 Nov 2019 17:09:00 GMT

It is not always easy to assign liability, or legal responsibility, for an accident. An injured party might assume the person directly involved in the accident could be the only one liable, but a legal doctrine might change things. The doctrine of respondeat superior, or vicarious liability, has the power to hold a third party responsible for the acts of its agents. Respondeat superior is Latin for ‘let the master answer.’ Before an injured person assumes he or she knows the identity of the defendant in a case, the victim should speak to a lawyer about vicarious liability.

Understanding the Doctrine of Vicarious Liability

Vicarious liability in personal injury law holds that a superior will be responsible for the actions of its agents. The most common situation in which vicarious liability applies is a case involving an employee and employer. If an on-duty employee causes someone’s injuries or damages, the employer will be vicariously liable, meaning the victim could hold the employer accountable instead of the individual employee. Vicarious liability can apply to any party that oversees agents, even if those agents are not employees. If the agents are the superior’s responsibility, the superior can absorb liability.

Vicarious liability is important because in many cases, an individual will not have the income or assets to satisfy a settlement agreement or judgment award. The company the individual worked for, however, will be much more likely to carry adequate insurance to pay out a large sum. Holding the enterprise responsible, therefore, could result in better compensation for the injured victim. It is also important because the superior may have the power to prevent accidents in the future. Holding the company accountable could enact institutional change that may prevent other personal injuries .

When Will Vicarious Liability Apply?

The rule of vicarious liability will not apply to every case – not even to every case involving an employee. It will only apply to a personal injury case if the superior has a legal relationship to the party at fault for the damages. The superior must have also had some level of control over the agent’s actions, such as through employee training or workplace protocols. The two most common relationships that enact the doctrine of respondeat superior are employer-employee and parent-child.

The employer-employee relationship will only evoke vicarious liability if the employee was performing job-related duties at the time of the accident. If an employee had clocked out for the night and was on his or her way home when the employee hit a pedestrian, for example, the employer would not be vicariously liable. If the employee was delivering a pizza for work at the time of the crash, however, the employer would be vicariously liable. The employee does not necessarily have to be in the workplace, but he or she must be performing an occupational duty at the time of the incident for the employer to absorb liability.

A parent could be vicariously liable for the actions of his or her minor child if the child caused someone’s injuries through willful misconduct, a motor vehicle accident or a firearm the parent let the child use. If the parent reasonably knew about a child’s dangerous tendencies but negligently failed to prevent an injury, the parent could also be vicariously liable. It may take a review of a case by a law firm to determine a parent’s liability or vicarious liability for a serious accident.

What Damages Could Someone Be Liable For?

If the courts agree that a party is vicariously liable for the actions of its agent, the party could owe the plaintiff money for his or her damages. A personal injury settlement or judgment award could include compensation for damages such as medical bills, lost wages, pain and suffering, punitive damages, property damages, legal fees, emotional distress, and more. The doctrine of vicarious liability can make it more likely for a plaintiff to recover the full amount of his or her damages.

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Myths About Driving Near Trucks

Thu, 17 Oct 2019 17:02:00 GMT

Commercial trucking may be vital to America’s economy, but this industry poses significant threats to roadway safety. Truck accidents are often fatal for occupants of smaller vehicles due to the immense weight of the big rig. The lighter vehicle will bear the brunt of the force in a collision. For this reason, it is important as a driver to look out for your safety while driving near large trucks. Get the truth behind a few common myths about driving near trucks to avoid getting into a serious accident in Texas.

Truck Drivers Are Less Likely to Cause Accidents Than Other Drivers

While it is true truck drivers have to undergo special training to operate big rigs, they can make all the same mistakes as other drivers in Texas. A Class C license does not guarantee a safe driver. A truck driver could engage in the same dangerous or negligent driving practices as a motor vehicle driver, such as speeding, tailgating, aggressive driving, distracted driving and unsafe lane changes.

Operating a big rig could increase the risk of causing an accident due to the complex nature of these vehicles. In 2017, 4,657 drivers operating large trucks were involved in fatal traffic accidents in the U.S. Truck drivers must take extra care in maneuvering commercial trucks. Large trucks cannot turn as sharply or stop as quickly as smaller, lighter vehicles. It can be easier, therefore, to cause an accident if the truck driver is not careful.

Large Rearview Mirrors Increase a Trucker’s Visibility

The length of a trailer on the average big rig makes for serious blind spots , often called No Zones. These blind spots extend about 20 feet in front of the big rig, 30 feet behind, one lane to the left and two lanes to the right. Hovering in these No Zones could put you at risk of an accident, as you will be virtually invisible to the truck driver.

It is a common misconception that a truck’s larger mirrors mean better visibility. Even large side mirrors cannot remedy serious blind spots. If you cannot see the truck driver in one of the mirrors, the truck driver cannot see you. Another myth is that truck drivers always check their blind spots. On the contrary, truck drivers often assume motor vehicle drivers will keep a safe distance away and will not be hovering in No Zones.

Truck Companies Do Everything They Can to Ensure the Safety of Fleets

Do not assume a trucking company has ensured the safety of the truck driving next to you. The opposite could be true. Trucking companies may cut corners to save money and time while transporting cargo. The truck next to you could lose its load, experience brake failure or crash into you because of a dangerous truck driver. Pass a commercial truck as quickly as you can to keep yourself safe.

A common mistake trucking companies make, for example, is to pressure drivers to meet tight deadlines. This could encourage drivers to disobey hours-of-service regulations and drive drowsy. Drowsy driving can easily be deadly behind the wheel of a big rig. A negligent trucking company could be responsible for unsafe drivers, poor fleet maintenance or broken rules such as ignoring the rear impact guard requirement .

It is the Truck Driver’s Responsibility to Prevent an Accident

Every driver has a responsibility to prevent traffic accidents. It is not the truck driver’s duty alone, but also yours to drive safely and to prevent collisions. One of the best ways to avoid a truck accident as a driver is to dedicate 100% of your attention to the road. Texting and driving or engaging in another form of distracted driving could make it easy to miss a big rig pulling out in front of you, hitting the brakes or changing lanes. If you are watching the road, you have a better chance of stopping before you collide with a tractor-trailer. Drive defensively and be ready for anything when driving near a truck in Texas.

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Tips for Spotting a Drunk Driver

Tue, 15 Oct 2019 17:00:00 GMT

Drunk driving is a prominent threat on Texas’ roadways. It is one of the most common causes of fatal accidents throughout the U.S. In 2018, 940 Texans lost their lives in accidents involving drivers under the influence of alcohol. Drunk driving accounted for more than one-fourth (26%) of the total number of people killed in traffic accidents in Texas in 2018. You may not have the power to prevent other drivers from driving drunk, but you may be able to avoid a serious accident by looking out for common signs of an intoxicated driver.

Weaving or Zigzagging

Alcohol can impair most facilities necessary for operating a motor vehicle, including the ability to drive in a straight line. Drunk drivers may experience dizziness, blurred vision or fatigue, increasing the odds of the vehicle weaving, swerving or zigzagging around the road. If you notice a driver who is unable to stay in his or her lane, it could be a sign of drunk driving. Consistently hitting the rumble strips, cutting people off, making unsafe lane changes, or drifting in and out of lanes are also possible signs of an intoxicated driver.

Excessive Speeding or Racing

Drunk driving also impairs judgment. This can lead to reckless and dangerous behaviors for some drivers. Drunk drivers are more likely to engage in reckless driving habits such as excessive speeding, racing other drivers, driving without headlights, wrong-way driving, running red lights, rolling through stop signs and tailgating. Aggressive behaviors behind the wheel paired with unsafe driving could point to a driver under the influence of drugs and/or alcohol.

Driving Too Slow

Just as driving impaired could make some drivers do dangerous things such as speeding, other drivers may overcompensate for their intoxicated state by driving excessively slowly. A driver going unreasonably slow could be a sign that he or she is trying to avoid suspicion by not speeding. The driver may also be too drunk to be aware of the speed at which he or she is traveling. The vehicle may feel like it is going faster than it is to a dizzy or confused drunk driver.

Random Stopping and Starting

Many drunk drivers experience fatigue, causing them to doze off behind the wheel. You may notice signs of this happening if a driver keeps abruptly hitting the brakes or accelerating erratically. A driver stopped for a long time at a red light or stop sign could also mean he or she has fallen asleep behind the wheel. A drowsy drunk driver may also drive off the road, drift between lanes or drive too closely to other vehicles. You might also spot the driver falling asleep behind the wheel when pulled up next to him or her at a stop.

Breaking Roadway Rules

Even a sober driver may unintentionally break the occasional roadway rule, but a driver who appears to be breaking multiple rules could be under the influence. Look out for drivers who do not use their turn signals, yield the right-of-way, or stop at stop signs and red lights. Other broken rules, such as speeding, making illegal turns and driving the wrong way on a one-way street could also be signs of intoxication.

Late Night Drivers

In Texas in 2018, more drunk driving accidents occurred from 2:00 a.m. to 3:00 a.m. than any other hour of the day. More accidents also occurred on Saturdays than other days of the week. Try to stay off the roads in Texas at this hour and on Saturday nights to decrease the odds of encountering a drunk driver.

If you notice a drunk driver, keep a safe following distance and call the police. Dial 911 to report your suspicions right away. Give the police the alleged drunk driver’s license plate numbers and a description of the vehicle, but do not get close enough to put yourself at risk of a collision. Follow the officer’s directions for what to do next. Reporting a drunk driver could help keep the roads safe.

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Dangers of Leaving Children in Hot Cars

Thu, 10 Oct 2019 16:58:00 GMT

Each year, Texans endure extremely high temperatures – often climbing to over 100 degrees Fahrenheit in the summer. On a sunny day, the temperatures inside a parked car can average 50 to 75 degrees hotter than external temperatures. If it is 80 to 100 degrees out, the temperature inside a vehicle in Texas could escalate to 130 to 172 or greater. Sadly, many people do not recognize the dangers of leaving children in hot cars. Texas is number one in the nation for child hot car deaths .

Hot Car Death Facts and Statistics

2018 saw a record number of child hot car deaths. The National Safety Council recorded 53 deaths in 2018 – 14 more than the average of 39 deaths per year. Since 1998, at least once child has lost his or her life in hot car deaths each year. Texas and Florida are the two deadliest states for hot car deaths. Texas has recorded 126 hot car deaths since 1998, while Florida has had 93. So far, 2019 has seen 51 hot car deaths of children under the age of 15 in the U.S.

Children Are No Match for Extreme Temperatures

Children cannot tolerate heat as well as adults. Their bodies cannot process heat as efficiently and heat up as much as three to five times as fast as adults. They also cannot cool down as quickly. Their body temperatures are naturally higher than adults, leading to an increased risk of hyperthermia, or heatstroke. If a child suffers heatstroke, it could permanently damage the child’s brain. Most children who die from heatstroke after being trapped in hot vehicles are under the age of three, but heatstroke deaths have occurred in children as old as 14.

What Are the Risks?

Heatstroke is the greatest risk to children parents leave in hot vehicles. Heatstroke occurs when the body’s ability to regulate temperature fails due to excessively high temperatures. Overheating the body can cause fever, headache, dry skin, muscle weakness, nausea, vomiting, rapid heartbeat, shallow breathing and loss of consciousness. If left untreated, heatstroke can cause permanent brain damage or death.

Before a child experiences heatstroke, he or she may develop heat exhaustion. This is a similar condition that is not as severe. Heat exhaustion can cause symptoms such as faintness, dizziness, fatigue, rapid pulse, headache and heavy sweating. The skin will feel cool and moist to the touch. If the child continues to suffer exposure to extreme temperatures, he or she may stop sweating and the skin will become dry, pointing to heatstroke. If caught in time, rest, water and cooler temperatures can reverse the effects of heat exhaustion.

How to Prevent Hot Car Deaths

Never leave a child behind in a vehicle, even for a minute. You could lose track of time or forget your child is in the vehicle. It may only take a few minutes on a hot, sunny day for your child to start experiencing the symptoms of heat exhaustion. Take your kids with you every time you exit your vehicle. If you are not used to having a child in the car, use a reminder to check the backseat before exiting, such as leaving your belongings in the backseat instead of the passenger seat.

When you park your vehicle, lock all the doors, even if parked in your garage. Put your car keys somewhere out of reach of children. This can help prevent children from opening the car and accidentally getting locked inside. Teach your kids the car is not a toy or play area. Tell them never to play hide-and-seek inside a vehicle – especially in the trunk. If you do not hear your children for a while, check your vehicle right away in case they have locked themselves inside.

If your child gets trapped in a hot car or you notice someone else’s child in this dangerous situation, call 911 immediately. Follow the responder’s instructions for what to do to help the child. This may include breaking the window of the vehicle. In Texas, you can legally break the window of a vehicle to access a child trapped inside if he or she appears in imminent danger. The owner of the vehicle cannot hold you liable for repairing the car as long as you did not cause more damage than was reasonably necessary. You have the power to prevent hot car deaths.

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Back to School Driving Tips

Tue, 08 Oct 2019 16:56:00 GMT

The back-to-school season is in full swing, with millions of students throughout Texas returning to class. As a driver, it is important to remain vigilant during the entire school year – not just the fall months. Collisions between vehicles and students can be deadly for the latter. In 2016, one in five children under the age of 15 who died in auto accidents were pedestrians. Do your part to protect students in your community by practicing a few vital back-to-school driving tips.

Put Your Phone Down

Cellphones are one of the greatest causes of distracted driving in the United States. In 2017, 3,166 people died in distracted driving accidents throughout the nation. Many of these accidents traced back to a driver using his or her cellphone. Texas law prohibits the use of handheld cellphones while driving. No driver may talk or text on a handheld device; yet every day, drivers text on their cellphones while driving. Put your phone safely away when you are behind the wheel, especially if you are passing through neighborhoods or school zones. Avoid all forms of driver distraction to keep students as safe as possible.

Look for Students Everywhere

Keep 100% of your attention on the driving task, 100% of the time. Pedestrians – especially young children – may not be walking where they should. They may be in the road or walking along the side of the road. Children may not always cross at crosswalks or wait for the right-of-way. Drive defensively and always be ready to hit your brakes at a moment’s notice in school zones or near bus stops. Child pedestrians can also be difficult to see, especially in poor weather conditions or at dusk and dawn. Pay strict attention to the road and expect the unexpected.

Yield the Right-of-Way

As a driver, it is important to know and understand Texas’ pedestrian laws. Pedestrians always have the right-of-way at crosswalks and intersections that do not have traffic control signals. You must come to a complete stop and allow pedestrians to cross in these situations. At a controlled crosswalk, you will have the right-of-way if proceeding straight at a green light, but not if making a turn. You must yield to pedestrians while turning at a green light (not a green arrow). A pedestrian cannot lawfully step off the curb and into the road if you do not reasonably have enough time to stop. Keep an eye out in school zones for child pedestrians who do not know the rules and are likely to break them.

Obey School Pick-Up and Drop-Off Rules

If you are a parent who does student pick-up and drop-off, obey any rules and traffic symbols the school or the city has integrated to facilitate the flow of vehicle and pedestrian traffic. Pick up and drop your child off in the correct places, not in the middle of the road. Stopping your vehicle anywhere but the designated area could jeopardize your child’s safety and confuse other drivers around you. Always follow a crossing guard’s instructions and school zone speed limits. When the lights in a school zone are flashing, reduce your speed to the posted limit. Share the road with bicyclists and pedestrians by keeping your vehicle out of crosswalks and bike lanes.

Slow Down

Your speed is one of the key factors in causing or preventing a pedestrian accident. Since most pedestrians cannot jump out of the way fast enough to avoid a vehicle striking them, it is up to you to keep a safe and reasonable speed. Reduce your speed any time you are near a school zone, bus stop or residential area. Driving slowly can allow you to react in time to hit your brakes if a child pedestrian darts into the street. Paired with paying attention to the road, a slow and safe speed could prevent most, if not all, pedestrian collisions. Your dedication to safe driving could save lives this school year.

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Tailgating Safety Tips

Thu, 03 Oct 2019 16:54:00 GMT

For many Texans, fall means one thing: football season. From September through the end of the year, thousands of fans in Texas will eagerly watch games and participate in age-old traditions such as Sunday watch parties and tailgating. Sadly, not all fans will make it to the other end of the season without at least one trip to the hospital. Whether you are rooting for the Dallas Cowboys or the Houston Texans, keep yourself safe this tailgating season with a few essential tips.

Handle Meats With Care

Food poisoning is a very real problem that can easily affect tailgaters who do not use proper care when handling their food. Always keep raw chicken separate from other foods and wash your hands after touching it to avoid cross-contamination. After a utensil or surface touches raw meat, wash the item and dry it using paper towels. Do not place cooked meat on the same plate where raw meat sat. Keep all your meats and other perishable food items out of the heat and in a cold cooler on ice.

Practice Sun Safety

A serious sunburn could lead to sun poisoning – something no fan wants to leave the stadium with. Too much heat could also cause health problems such as heat exhaustion or heatstroke. Wear long sleeves and pants to keep your skin safe from the sun. Put sunscreen on exposed parts of your body and reapply often, at least once per hour. Wear a hat and sunglasses. Drink plenty of water and fluids throughout the day (besides alcohol) to avoid getting dehydrated. Never leave children or pets in hot vehicles while tailgating.

Know the Rules at Your Tailgating Spot

If you plan on tailgating on someone else’s property or at a Texas football stadium, know the rules before you go. Many stadiums have rules in place for alcohol, glass containers, number of vehicles and types of grills. Do not bring the incorrect type of grill and risk being unable to cook at your tailgating party. If you do plan on grilling, use the utmost grill safety. Never leave your grill unattended. Place it at least six feet away from combustibles and vehicles. Dump your coals in a designated place. Bring a fire extinguisher with you in case of an emergency.

Be a Good Sport

Violent assaults lead to many emergency room visits during football season. Avoid altercations with other fans while at a game by being polite and courteous. Try to avoid using inflammatory language, even if your team is losing. Avoid drinking too much alcohol, as this could impair your judgment and lead to fights. If another fan is trying to incite a fight, walk away and notify a stadium attendant.

Designate a Sober Driver

Every year, thousands of people throughout the U.S. suffer serious injuries and die in drunk driving accidents. In 2018 alone, 940 people in Texas lost their lives because of drunk drivers. Do not risk your lives or the lives of others by driving home from a tailgating party after drinking alcohol. If you plan on drinking at all – any amount, at any time – while tailgating, plan for a sober ride home. Designate a sober driver to come to the party or leave your vehicle overnight and hail a cab. You always have safer options than driving drunk.

Use the Buddy System

If your tailgating session runs into the night, do not depart alone. Use the buddy system to walk back to your home or vehicle. Walking around a stadium parking lot alone at night could make you a target for criminals. Walk with a trusted friend and stay in well-lit areas as much as possible. It is especially important to use the buddy system if you have been drinking. Let your friends know where you are going and when to expect you back. Keep your cellphone on you in case of emergencies.

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Can You Take Legal Action as a Passenger?

Tue, 01 Oct 2019 16:50:00 GMT

Insurance companies offer plenty of advice to drivers after car accidents but often neglect to tell passengers what they should do in these situations. As an injured passenger, you may not understand the legal actions available to you. You do know, however, that you did not cause or contribute to the crash and should therefore be eligible for compensation through someone else’s insurance company. Find out if and when you can take legal action after a car accident as a passenger in Texas, as well as when you should hire an attorney.

How to Navigate the Insurance System in Texas

Texas is a fault-based car accident state. Under these types of insurance laws, the at-fault party in a collision will be financially responsible for damages the crash caused. Parties not at fault for the crash will not have to pay for their losses or seek compensation from their insurers. Instead, they will file claims with the at-fault party’s insurance provider. As a vehicle passenger, the odds are high that you were not the at-fault party in the accident. You will therefore need to identify the at-fault party before you can file a claim in Texas.

Call the police from the scene of the auto accident to help identify the party that caused the wreck. The police can investigate the incident and make an official record of who they believe is at fault based on the facts present. If you disagree with the police officer’s conclusion, you may also hire an attorney to look into the accident for you. A law firm can hire investigators to help you answer questions as to fault and liability. Only once you identify fault may you proceed with an insurance claim.

Who Is Liable?

The liable party, or the person legally responsible for paying your bills, will be the person or entity most at fault for causing the car accident. Some car accident cases involve more than one liable party, such as a driver and a vehicle manufacturer. Others have just one party to blame for the collision. An attorney can help you determine fault for the accident that recently caused your injuries as a passenger in Texas.

A person, government entity or company could owe you money for your damages as a passenger in a car accident. Determining who is liable is one of the first steps you will need to take to recover compensation. Then, you will need to understand your insurance coverage. The auto insurance of the at-fault party should cover your losses, including medical bills and lost wages, up to the limits of the policy. If the at-fault party does not have insurance, your provider may cover the losses instead.

Recovering Financially as a Passenger

If you have no-fault auto insurance, your insurer could cover your damages even if you were not driving at the time of the collision. Contact your insurance provider to seek coverage after an injurious car accident. No insurance claim, however, will provide coverage for losses such as pain and suffering. That is why after catastrophic or deadly auto accidents, it is important for victims and loved ones to speak to car accident attorneys about their options.

In car accident cases where one or more parties negligently or recklessly caused the collisions, these parties could be civilly liable for damages. A victim could file a personal injury claim against the at-fault party in pursuit of damages, including physical pain, emotional suffering, mental anguish and loss of consortium. A successful civil claim could end in better compensation for you as a passenger than an insurance claim alone. Speak to an attorney to learn more about the best outlet for recovery for you.

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Who Can File a Wrongful Death Claim in Texas?

Thu, 19 Sep 2019 16:53:00 GMT

Wrongful death is one of the most terrible tragedies a family can face. A death under any circumstances is devastating, but it can be even more difficult to find closure or peace of mind when the family believes someone else’s negligence or recklessness caused the fatal accident. In Texas, civil law offers a remedy for surviving family members in these situations. A wrongful death lawsuit can hold the at-fault party accountable and lend financial stability in difficult times. Only certain parties, however, have the right to file wrongful death claims in Houston .

Texas’ Wrongful Death Statute

Texas Civil Practice and Remedies Code Section 71.001 contains the state’s wrongful death statute. This law lists the standards in practice for bringing a wrongful death claim. It defines wrongful death as one arising from someone else’s wrongful act, neglect, default, unskillfulness or carelessness. If a person’s actions or failure to act within the standard of care causes another person’s death, that individual could be civilly responsible.

Wrongful death is not a criminal charge, but a civil tort. Rather than pressing criminal charges against someone for intentionally killing another person, a wrongful death claim only seeks to place civil responsibility on the party for negligently causing the death. Negligence can refer to any action that fails to meet the standards of care for the situation. If a plaintiff can prove a defendant’s negligence caused the death in question, the plaintiff could receive monetary damages from the at-fault party.

It is important to know and follow Texas’ wrongful death statute. It provides parameters for if and when a party may file a wrongful death lawsuit and obtain damages. The average family may not fully understand the legal issues surrounding a wrongful death claim in Texas. That is why they need to work with a wrongful death attorney after the unexpected loss of a loved one. A lawyer can walk the family through all the rules surrounding these civil lawsuits in Texas, including who has the right to file.

Who May File?

According to Chapter 71 of the Civil Code, only certain parties bear the right to file civil lawsuits after a victim’s death. Texas law gives the right to recover damages through civil action exclusively to certain surviving family members of the deceased person. Only if these parties do not exist or come forward within three months will someone else have the opportunity to file.

Any one of these parties may bring a wrongful death action on behalf of all surviving parties. A surviving spouse, for example, can bring a claim on his or her behalf as well as for children or other dependents. If no surviving spouse, child or parent brings a wrongful death claim within three months of the date of death, an executor or administrator of the estate may file the claim instead – unless a surviving relative specifically tells the executor not to.

In Texas, a sibling cannot bring a wrongful death claim unless he or she is an executor of the estate. An executor or administrator of the estate may be a party the deceased person named in a will. Otherwise, the courts in Texas may assign an executor during the probate process. A judge will name an administrator after a person’s death according to the situation. Most administrators will be family members of the decedent.

Why File a Wrongful Death Suit?

Filing a wrongful death claim can provide healing and closure by holding an at-fault party responsible. It could shed light on dangerous practices within a company, organization, hospital or workplace, potentially preventing future such fatalities. It could also provide financial stability for a grieving family in the form of compensation for funeral and burial costs, medical debts, lost income, lost inheritance, loss of consortium and mental anguish. Filing a wrongful death suit can be a very important process for surviving loved ones.

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What Are the Dangers of Cognitive Distraction?

Tue, 17 Sep 2019 16:50:00 GMT

When most people think about distracted driving, they imagine habits such as texting and driving or eating behind the wheel. Many do not realize cognitive distractions can be just as dangerous – if not more so – than manual and visual distractions. Cognitive distractions remove a driver’s mind from the driving task, delaying reaction times and impairing judgment. A driver absorbed in thoughts about something else could cause a serious or deadly car accident in Houston .

Distracted Driving Statistics

In 2017, national crash data reported 3,166 deaths from distracted driving. Distraction caused 9% of overall traffic fatalities in 2017. Cellphones are a major cause of distracted driving accidents. Manual and visual distractions are not the only accident risks, however. Cognitive distractions caused many fatal and injury accidents in 2017. It is not enough to keep one’s hands on the wheel and eyes on the road. A prudent driver must also keep his or her mind on the driving task. A person cannot drive safely unless driving has his or her full attention.

What Is Cognitive Distraction?

A cognitive distraction is something that takes a driver’s mind off the roadway. Cognitive distractions can be anything that distracts a driver’s mind enough to make him or her think about something other than the task at hand. A cognitive distraction could lead to poor judgment calls and delayed reaction times. Even a few seconds’ delay could be enough to cause an otherwise preventable car accident.

Anything that detracts a driver’s attention from the road could potentially cause a car accident. Thinking about anything other than driving could delay a driver’s reaction to changing roadway situations enough to cause a collision. The few seconds it takes to revert a driver’s wandering mind to driving could be long enough to cause a preventable crash.

Why Is Cognitive Distraction So Dangerous?

Despite the task becoming second nature to most drivers, driving is not easy. It takes a certain level of concentration, knowledge and skill. Many drivers overestimate their driving capabilities. They assume they can safely text and drive, look away from the road or think about something else while driving. This misconception is what causes many distracted driving accidents. All drivers must commit 100% of their attention to the road, 100% of the time.

Cognitive distractions can lead to blindness to one’s surroundings. Something may occupy the part of the brain that would otherwise notice things such as crossing pedestrians or stopped cars, resulting in collisions. Cognitive distraction reduces the activity in parts of the brain necessary for safe driving. It can impair spatial awareness, visual information processing and environmental responsiveness. It can also lead to delayed reaction and response times in emergencies.

Cognitive distractions are so dangerous because most drivers are unaware of the risks. The average driver knows he or she should not be texting and driving but may not realize the equally dangerous risks of daydreaming behind the wheel. This leads to many drivers engaging in cognitive distractions. Spreading awareness of this very real problem could help prevent related car accidents.

How to Prove Distracted Driving

When a driver causes an accident because of a cognitive distraction, that person may be liable for victims’ damages. Texas is a fault-based state, meaning the at-fault driver will be legally responsible. Proving distracted driving to obtain a settlement may take an analysis of the scene of the accident. Evidence that the at-fault driver did not hit the brakes before colliding with the other vehicle, for example, could prove the existence of some type of distraction. Victims involved in distracted driving accidents should work with personal injury attorneys to help prove their cases.

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Tips for Sharing the Road With Motorcyclists

Thu, 12 Sep 2019 16:45:00 GMT

Motorcyclists face unique risks on the road. Motorcycles cannot drive over rough patches of roadway, potholes or debris as easily as larger vehicles. Motorcyclists have to contend with wind, bugs and the weather when maneuvering the roads. They also do not have the same protections as motor vehicle passengers in collisions. In an accident, a motorcyclist could easily suffer catastrophic injuries such as brain damage, even with a helmet. As a motor vehicle driver, one of your responsibilities is to ensure the reasonable safety of other roadway users, including motorcyclists. Taking a few safety measures around motorcycles could save a life.

Double Check for Motorcycles

In 2018 alone, 418 motorcyclists in Texas lost their lives in traffic accidents. All motorcycle accidents are preventable with due care and caution. Other motorists can cause motorcycle wrecks by failing to keep a proper lookout for motorcycles. Motorcycles are smaller and often more difficult to see than other vehicles. It takes careful vigilance and possibly multiple checks to scan the road and be sure of no oncoming motorcyclists – especially in rainy or foggy weather.

Always check twice for motorcyclists before turning, merging or proceeding across an intersection. Left turns are especially dangerous for oncoming motorcyclists. You may misjudge a motorcycle’s speed or distance or fail to see the vehicle at all. Turning left into an oncoming motorcyclist could cause a deadly T-bone accident. Look for motorcyclists, use your turn signals and check your mirrors before making a turn. It is best to be overly cautious when turning in front of a motorcyclist rather than taking a risk.

Maintain Extra Following Distance

Driving too close to a motorcycle could increase the chances of causing a serious rear-end collision. It could also make a motorcyclist nervous, resulting in risks such as anxiety or overcorrection. Always give a motorcycle an entire lane, like any other vehicle. Never pass in the same lane as a motorcycle. Keep more than one car’s length of distance between your vehicle and a motorcycle. If passing a motorcycle, allow at least three to four seconds of following time before getting back in front of the motorcyclist. Cutting off a motorcyclist too early could cause a deadly rear-end collision.

Check Blind Spots

Blind spots can conceal entire four-door vehicles from view. It is especially easy to miss a smaller motorcycle riding in a blind spot. Make sure your mirrors are properly adjusted and angled to see the roadway to either side of your vehicle before driving. Always check your rear and sideview mirrors before merging or switching lanes. Do not rely only on your mirrors, however, as a motorcyclist could be in a blind spot. Look over both shoulders to visually check the road before assuming it is safe to merge or change lanes.

Avoid Distractions

Never drive distracted. It may be impossible to notice a motorcycle and stop in time to avoid a collision if a cellphone or something else is distracting your attention. Manual, visual and cognitive distractions could be enough to cause a serious or fatal motorcycle accident. You must keep your attention on the road 100% of the time to drive safely and prudently. Distracted driving is a top cause of deadly traffic accidents. In 2017, 3,166 people died in distraction-related car accidents. As a driver, do your duty by always paying attention to the road.

Respect a Motorcyclist’s Right to the Road

Driving angrily or aggressively around motorcyclists could increase the chances of an accident. Do not let biases against motorcyclists cloud your judgment. Treat motorcyclists with equal care and respect as you would give to other roadway users. Motorcyclists have as much right to the road as you do. Treat a motorcyclist with respect by keeping a safe following distance, not cutting him or her off and yielding the right-of-way. Leave ample braking distance to avoid putting a motorcyclist’s life at risk. Regardless of the size of the vehicle, a motorcycle has the right to be on the road.

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Slip and Fall Accidents Due to Uneven Floors

Tue, 10 Sep 2019 16:40:00 GMT

A slip and fall accident in Houston could lead to injuries much more severe than just bumps and bruises. A bad slip and fall could cause bone fractures, muscle tears and traumatic brain injuries. It is a property owner’s legal responsibility to reasonably prevent slip and fall accidents through proper premises maintenance, including floor maintenance. Negligent property care could lead to a hazard that ultimately causes a slip and fall injury, such as uneven floors.

What Are Uneven Floors?

Uneven floors mean the surface contains defects that make it easy to slip or trip and fall. Uneven floors may have warped boards, pockets, dips, platforms, uneven elevation, slants, inclines, declines, damaged wood or other dangerous conditions that compromise the safety of the surface. Uneven floors may have subtle nuisances that are difficult to see but that can cause fall accidents. They may also have noticeable problems that a property owner negligently failed to fix.

Common Slip and Fall Accident Injuries

Slip, trip and fall accidents are common. Many property owners negligently fail to inspect their businesses or lands for slip and fall hazards. According to the National Floor Safety Institute , slip and fall accidents cause more than eight million emergency room visits in the U.S. each year. Slip and falls account for 12% of total fall accidents that cause injuries that require hospitalizations.

Uneven floors can cause several serious injuries that may require thousands of dollars in medical expenses. A slip and fall in the wrong place, such as at the top of a staircase, could cause fatal injuries and wrongful death. After a slip and fall accident due to uneven floors, the owner of the property may be liable for a victim’s damages.

Property Owner Liability for Uneven Floors

Even a minor defect on a floor’s surface could cause serious, painful and debilitating injuries. A small dip on a linoleum floor, for example, could cause liquids to form a puddle in that area. This could increase the risk of a slip and fall accident. More pronounced problems, such as an uneven sidewalk or landing, could lead to a trip and fall incident. Common causes of uneven floors include poor maintenance, disrepair, tree roots, cracked asphalt and architectural defects.

A property owner is legally responsible for ensuring the safety of his or her floors. While this does not mean guaranteeing safe floors 100% of the time, it does mean taking reasonable measures to prevent hazards such as slippery or uneven floors. Property owners have duties such as inspecting the floors, repairing visible hazards and warning visitors of more inconspicuous risks. Failure to fulfill these duties could cause preventable accidents.

Does the Victim Have Grounds for a Claim?

If a property owner negligently failed to ensure the safety of his or her floors in Texas, the owner could be liable for a resultant accident. Negligent floor maintenance, failure to rope off a dangerous area, low-quality contracting work or ignoring known problems with a floor surface could all lead to an owner’s financial responsibility for a victim’s economic and noneconomic damages.

If a reasonable and prudent property owner would have repaired the uneven floors or at least warned property visitors of the hazard, likely preventing the slip and fall accident, the landowner in question could face liability. It will be up to the victim or the victim’s attorney to prove the property owner was negligent in inspecting or repairing uneven floors, and that this caused the accident.

A successful slip and fall accident claim could result in payment for the injured party’s medical expenses, disability costs, lost income, physical pain and emotional suffering. It could also hold a landowner accountable for his or her negligence, forcing the owner to make repairs. Victims of uneven floor accidents should contact attorneys to learn more about potential premises liability lawsuits in Houston.

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What Causes Sideswipe Accidents?

Thu, 05 Sep 2019 16:35:00 GMT

A sideswipe accident is a collision between the sides of two vehicles. Sideswipes can occur between two vehicles traveling in the same or opposite directions. A sideswipe accident can be minor or severe, causing only property damage or resulting in catastrophic injuries. A sideswipe could turn deadly if a driver overreacts to the impact, jerking the wheel in the opposite direction and potentially losing control of the car. Certain hazards, circumstances and driver mistakes cause sideswipe accidents most often.

Unsafe Lane Changes

Making an unsafe merge or lane change is one of the most common reasons behind sideswipe collisions. Merging to the right or the left could lead to a sideswipe if the merging driver fails to keep a proper lookout. Merging on top of another vehicle, for example, could cause the sides of both vehicles to collide. One driver may be responsible for the unsafe lane change accident, or else both drivers could share fault if they moved into the same lane simultaneously. Every driver must pay attention to the road, check both mirrors and look in blind spots before merging or changing lanes to avoid sideswipes.

Blind Spots

A driver could also cause a sideswipe accident due to blind spots. A blind spot is an area of the road a driver’s mirrors do not show. Blind spots can block out sections of the road surrounding a vehicle, making it difficult or impossible to see adjacent vehicles. A driver can reduce blind spots using detection systems or blind spot mirrors. Drivers should also look over both shoulders before merging or changing lanes to physically see the roadway rather than relying only on mirrors.

Commercial truck sideswipe accidents are common due to the enormous blind spots of a big rig. Commercial truck drivers may be unable to see vehicles adjacent to either side of the trailer. Hovering next to a trailer could cause a sideswipe accident, as the truck driver will think the lane is clear. As a passenger vehicle driver, try not to stay in a truck driver’s blind spots. Instead, pass the truck quickly and safely.

Distracted Drivers

Distracted drivers may fail to properly survey surrounding lanes, resulting in preventable sideswipe accidents. Distracted drivers can drift out of their lanes and collide with the sides of other vehicles before noticing the infraction. Cellphones, food and drink, radios, GPSs, passengers, billboards and cognitive distractions could all take a driver’s attention away from the road enough to cause a sideswipe or lane-change accident.

Drunk or Impaired Drivers

Drunk or drugged drivers are also likely to drift in and out of lanes, weave between traffic or merge without looking, causing a sideswipe. A drunk driver may also abruptly veer out of his or her lane, colliding with surrounding vehicles or driving into oncoming traffic. Impaired drivers may be physically and/or cognitively unable to safely control their vehicles. This can lead to sideswipe collisions and related injuries.

Reckless Drivers

Reckless driving is to drive with a blatant disregard for the safety of others. A driver that does not safely or prudently control his or her vehicle could cause many types of accidents, including sideswipes. A driver engaged in dangerous practices such as speeding, weaving, unsafe passing or drunk driving is more likely to cause a vehicle collision than others. The driver could be liable for victims’ injuries, property damages or deaths if his or her reckless driving causes a serious sideswipe accident.

Road Hazards

Although most Houston car accidents come down to driver error, roadway defects and hazards could also contribute to these crashes. A road hazard such as a pothole or debris in the road could force a driver to react by quickly swerving out of the lane. Fault for these accidents could go to both the driver for overcorrecting and the city for failing to repair a known or obvious road hazard.

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Blind Spot Safety Tips

Tue, 03 Sep 2019 16:26:00 GMT

Blind spots cause thousands of collisions, injuries and deaths each year in the U.S. Recognition error is the number one driver-related reason for car crashes, according to the National Highway Traffic Safety Administration . Mistakes such as failing to recognize a vehicle in a driver’s blind spot could lead to a merge or sideswipe collision. As a driver, it is your responsibility to minimize blind spot risks as much as you can. You may not always be able to prevent a blind spot accident, but learning a few safety tips could help.

Check Your Mirrors

Your side and rearview mirrors may be all that stand between you and a blind spot accident. While your mirrors do not let you see 100% of the road, they can show vehicles around you before you merge lanes or make a turn. Always check your mirrors when you get into your vehicle before you start to drive. Position them in the correct way – not so close that you can see the sides of your vehicle, but enough to see the roadway to both sides. They should be clean and free from spots and debris.

Look Before You Merge

The phrase “blind spot” came from the places your mirrors do not show you. These sections of zero visibility can cause car accidents by making you believe the road is clear when a vehicle is next to you. Do not depend solely on your mirrors when turning, merging onto the freeway or switching lanes. Instead, glance over your shoulders as well. Do not spend so much time looking over your shoulders, however, that you do not see a vehicle stopping in front of you.

Recognize a Truck’s No Zone

Of all vehicles on the road, a commercial truck has the largest blind spots. The Federal Motor Carrier Safety Administration refers to a truck’s blind spots as the No Zone, or an area motorists should not drive. A truck driver cannot see vehicles in the No Zone. This puts motorists at risk of accidents. Do your best to avoid a truck’s No Zone when driving next to a big rig in Texas.

Avoiding these areas could decrease your risk of a blind spot accident with a commercial truck. Remember, if you cannot see a driver in his or her sideview mirrors, the truck driver cannot see you. Keep ample following distance between your vehicle and the back of a big rig. When passing a large truck, do your best to go in and out of the No Zone as quickly as possible. Never hover in the No Zone, as this could lead to a merge or sideswipe accident.

Invest in Blind Spot Prevention

Modern technologies have practical solutions for blind spots. Blind spot detection systems can use audible or visual warning signals when a vehicle, bicyclist or pedestrian is in a driver’s blind spot. These alerts can be enough to stop a driver from merging on top of someone else and causing an accident. Blind spot detection technologies use cameras and sensors to detect obstacles in adjacent lanes. Rear-view cameras can also help prevent reversing accidents.

If your vehicle does not have a blind spot detection system, invest in a simpler safety measure by installing small blind spot mirrors on your existing side mirrors. Blind spot mirrors can show you more of the road, reducing blind spots. It is a simple solution that could be enough to prevent a serious collision. As a driver, always watch the road. Be aware of your blind spots and those of others.

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Tips for Driving Around Semi-Trucks in Texas

Wed, 21 Aug 2019 18:12:00 GMT

Every year, thousands of deadly accidents involve semi-trucks around America. Large trucks played a role in almost 4,700 fatal traffic accidents in 2017, according to Federal Motor Carrier Safety Administration (FMCSA) data. Commercial big rigs can pose significant risks to other road users. Their size and weight can cause catastrophic damages to smaller vehicles in collisions, not to mention common incidents such as tire blowouts and lost cargo loads. You may not be able to avoid driving around semi-trucks in Texas, but you can decrease your risk of an accident with a few simple tips.

Keep Your Distance

Avoid driving next to big rigs for extended periods on Texas highways. Semi-trucks have long trailers and significant blind spots that can be extremely dangerous for other drivers. The FMCSA calls these spots “No Zones,” with warnings to other drivers to give big rigs extra space. A truck driver’s blind spots extend 20 feet in front of the truck, 30 feet to the rear, 1 lane to the left and 2 lanes to the right.

If you cannot see the truck driver in his or her rearview mirrors, the truck driver cannot see you. Do not hover in the No Zone or you risk a truck driver merging on top of you. Try to pass large trucks as quickly as possible, using extra care to drive far enough in front of them to merge back into the lane safely. Avoid the No Zone when a truck is changing lanes.

Do Not Pass to the Right

Reserve the right lane for traveling slowly and exiting the interstate, not trying to quickly pass a big rig. Passing a semi-truck on its right side could expose you to a high risk of blind spot accidents. Truck drivers often cannot see vehicles on their right sides at all. Truckers may try to merge right into the slow lane on top of smaller vehicles or turn right on top of cars they cannot see. Only pass to the left, where the driver can see your vehicle better and is expecting faster cars.

Never Tailgate a Semi-Truck

Underride accidents are such a significant risk to motor vehicle drivers that the federal government passed rear impact guard requirements to help prevent them. An underride accident is a large truck rear-end collision in which the smaller vehicle slides beneath the tractor-trailer, often fatally injuring vehicle passengers.

The height of a trailer can be dangerous for shorter cars, but a rear impact guard can help prevent deadly underride collisions. The best way to protect yourself from this type of crash is to keep at least two car lengths of space between the front of your car and the back of the semi-truck. Staying away from the back of the truck can give you enough time to stop if the truck driver slams on the brakes.

Do Not Drive Distracted

Navigating safely around semi-trucks takes 100% of your attention as a driver. Driving with distractions such as cellphones, food or chatty passengers could jeopardize your ability to avoid an accident. Driver distraction is a common cause of collisions in the U.S. In 2017, this negligent driver behavior took at least 3,166 lives, according to the National Highway Traffic Safety Administration . You could greatly increase your risk of a semi-truck accident in Texas if you drive distracted. Put your phone away and keep your eyes on the road.

Allow Extra Time for Trucks to Brake

Semi-trucks can exceed 80,000 pounds. Commercial trucks use special air brakes to help them stop quickly, but they still require extra space and time to brake. Never cut a big rig off when driving in Texas. Instead, pass or merge lanes safely by leaving plenty of room between your car and the truck. Signal your intent to merge at least 100 feet in advance. Do not merge in a place where you will have to immediately hit the brakes, as this could put you at risk of the truck rear-ending you. Rear-end collisions and override accidents with large trucks can be deadly for passenger vehicle occupants.

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Top Apps to Keep Your Kids Occupied On Road Trips

Mon, 19 Aug 2019 18:07:00 GMT

A family road trip can seem like a great way to spend quality time together…until the kids start to complain about being bored and ask, “Are we there yet?” Luckily, modern technology provides a solution to childhood boredom in the car – smartphone and tablet apps. Apps can be exciting and educational, providing hours of productive fun without messy markers or lost game pieces. Before your family embarks on its next road trip, download the following apps to keep children of all ages happily occupied.

Wheels on the Bus

Ideal for ages three and up, Wheels on the Bus is a nursery rhyme app for younger kids. It provides an interactive experience that can encourage the development of language and cognitive skills in young children. It has colorful illustrations and offers creative interaction while singing common nursery rhymes. Your child can swipe the wipers and open the doors of the bus, for example, while you get out of having to sing the songs over and over. It is easy to play and sings songs in five different languages.

Duckie Deck Collection

Duckie Deck Collection is a great road trip app for ages one to three, using zoo animals to teach responsibility and expand vocabulary. It has positive reviews from parents and is available for $2.99 from the app store. This is an exploration app with six different activities for young kids to enjoy. Each activity encourages learning, responsibility and discovery through role-playing. It is easy to navigate for young kids.

Cookie Monster’s Challenge

If you have a Sesame Street fan in the car, the Cookie Monster’s Challenge app could be the perfect option for keeping him or her occupied on a long trip. Designed for players four and older, this app asks your child to navigate several puzzles and challenges to build a cookie delivery contraption for the Cookie Monster. It shows the Cookie Monster and a few of his friends in a fast-paced game that requires children to unlock items by following directions, exploring and using self-control. It is a lighthearted game that can help children build important life skills.

GoldieBlox and the Movie Machine

GoldieBlox has been at the forefront of challenging gender stereotypes with engaging and educational toys and games for girls. GoldieBlox created the first female engineer character, who stars as the main character in the company’s app for kids: GoldieBlox and the Movie Machine . Boys and girls alike will enjoy this game, which inspires innovation with an app that lets kids learn animation basics and create one-second GIFs. If this app is a hit, you can also download others from GoldieBlox that feature the same heroine.

Weirdwood Manor

Kids eight and older will love the Weirdwood Manor app, which offers a dark and spooky setting to keep children interested for hours on end. It is a mystery thriller app with interactive challenges, interesting puzzles and engaging narratives. Weirdwood Manor is a series, with Books 1 and 2 available through the initial app download and other books you can unlock through in-app purchases as your child plays.

Solve the Outbreak

Older kids (ages 14 and up) will love Solve the Outbreak – an app that blends adventure and science. This free app asks players to put together clues in an engaging and educational interactive game to identify the outbreak and stop it from spreading further. The Centers for Disease Control and Prevention (CDC) created this app to spread health and safety awareness as well as to inspire young scientists. The app comes with many additional educational features, including a glossary and videos from the CDC.

Plenty of fun, engaging and educational apps exist to keep kids occupied on road trips while offering developmental benefits. Download a few parent favorites to prevent boredom and make your next road trip more fun for everyone.

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The Most Dangerous Intersections in Houston

Wed, 14 Aug 2019 18:05:00 GMT

Houston is one of America’s busiest cities. Every day, hundreds of thousands of vehicles travel in and around the city. Sadly, some of these drivers will not make it to their destinations. In 2018, the City of Houston reported 64,126 car crashes, 197 fatalities and 1,175 serious injuries. Many serious and fatal car accidents occur at intersections. Identifying Houston’s most dangerous intersections based on crash data could help you avoid a collision as a driver or pedestrian.

What Is So Dangerous About Intersections in Houston?

Intersections are where vehicles, bicyclists and pedestrians traveling in different directions cross paths. Intersections have their own set of rules, called rights-of-way. All drivers must obey the rules of the intersection. They must stop at red lights or stop signs and yield the right-of-way to others at the intersection, when applicable. At a four-way stop, the driver that approached the intersection first has the right-of-way. At a traffic-controlled intersection, drivers must wait until they have green lights to proceed. Drivers making turns must yield to pedestrians in crosswalks at intersections, unless they have green arrows.

Intersections become dangerous when parties break the rules. Rolling through stop signs, running red lights, speeding and ignoring the right-of-way can all cause deadly intersection collisions. When one driver ignores the rules, he or she puts everyone else at the intersection at risk. A driver that breaks the rules is unpredictable and dangerous. Intersections accidents are often serious, as they can involve T-bone collisions, head-on collisions and pedestrian collisions. Paying attention to the road and obeying traffic laws can prevent intersection accidents in Houston.

Bissonnet and West Sam Houston Parkway

On Houston’s west side, the intersection of Bissonnet and West Sam Houston is the scene of the most intersection accidents in the city each year. From 2012 to 2015, this intersection saw 355 reported collisions . Many of these intersections accidents were serious, with 263 injuries. Another intersection at Sam Houston Parkway is the second most dangerous, at Hardy Road. This intersection saw 280 accidents over the three years. Sam Houston Parkway and Westheimer is the third most dangerous intersection with 233 reported wrecks in three years.

Main Street and South Loop

Another busy intersection with a high risk of collisions is Main Street and the South Loop West, near the Whataburger restaurant. This major intersection reported 206 traffic accidents from 2012 to 2015, or an average of about 67 collisions per year. Many of these accidents involved pedestrians and caused serious injuries. Distracted and careless drivers cause many of these collisions. Running red lights, for example, is a major cause of intersection collisions in Houston.

Beechnut and the Sam Houston Parkway

The Sam Houston Parkway makes the list yet again as the fifth most dangerous intersection in Houston, at Beechnut. This cross-section reported 189 traffic accidents in three years. The Sam Houston Parkway is such a dangerous stretch for drivers and pedestrians for many reasons, including distracted drivers, driving while intoxicated, drowsy driving, speeding and tailgating. Crashes at intersections along the Sam Houston Parkway take dozens of lives each year.

Greens Road and Interstate 45

Interstate 45 (I-45) is a major highway traveling down from Dallas to Houston. In Houston, the intersection of I-45 and Greens Road is an especially dangerous place for roadway users. This intersection had 176 traffic accidents, making it Houston’s sixth most dangerous cross-section. The state aims to make I-45 safer for travelers with a massive rebuild project , which will widen lanes and recreate Houston’s downtown freeway system.

Veterans Memorial Drive and the Sam Houston Parkway

Houston’s seventh most dangerous intersection once again involves the Sam Houston Parkway, for the final time on this list. From 2012 to 2015, crash data shows a total of 174 traffic accidents at the intersection of the Sam Houston Parkway and Veterans Memorial Drive. This is a major intersection with heavy foot and bicycle traffic, contributing to the number of annual collisions. As a driver or pedestrian, staying away from Houston’s most dangerous intersections could decrease your risk of getting into a traffic accident.

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Tips to Avoid a Car Accident on Labor Day Weekend

Mon, 12 Aug 2019 18:02:00 GMT

Holiday weekends are some of the most dangerous for drivers in Texas. Holidays come with safety threats such as drunk drivers, drowsy drivers and heavy traffic. Labor Day, the first Monday in September, is notorious for an increase in traffic accidents. Crash statistics from the Texas Department of Transportation show an unusually high number of collisions on Labor Day weekend. In 2018, 56 people died over Labor Day weekend in Texas, compared to 25 deaths the following weekend. Learning how to avoid a car crash in Houston on a holiday could save your life.

Stay Off the Road

The best way to avoid a car accident is to limit the amount of time you spend on the road. Celebrate close to home, if possible. Host a barbeque in your local neighborhood instead of traveling out of town. Pick up groceries and decorations the week before Labor Day rather than the weekend of, when fewer people will be out and about. If you want to take a vacation over the three-day weekend, choose to fly to your final destination rather than drive.

Map Your Route

If you will be driving out of town or out of state for the long weekend, plan your route in advance. Search for information on the safest and most efficient roads to your destination. Consider taking the scenic route on rural roads if you do not wish to get stuck in traffic or drive next to semi-trucks on major highways. Check the weather where you live and on the way to your final destination to plan for rain or fog.

Maintain Your Vehicle

Take your car to the shop right before any long road trips on Labor Day weekend. Vehicle breakdowns and part malfunctions can contribute to traffic accidents. Avoid a tire blowout, your car overheating or other common problems with proper vehicle maintenance. Check your vehicle’s fluids, tire pressure and lights before embarking. Proper vehicle maintenance can give you peace of mind all weekend long, which is important since many auto shops close on Labor Day.

Never Drive Drunk

Driving under the influence is a serious issue in Texas. In 2018, 940 Texans died in drunk driving accidents. This was 26% of the total number of traffic fatalities. If you plan on drinking at all on Labor Day, do not plan on driving home. Use a designated driver, taxi, Uber or Lyft to get home safely. Keep an eye out for drunk drivers over the weekend, especially at night. If you notice any signs of drunk driving, keep your distance and call the police.

A drunk driver may be unable to keep his or her vehicle between the lines, going the correct speed limit or driving in a straight line. If you see someone who appears to be under the influence or falling asleep behind the wheel, stay a safe distance away and call 911. You can report a suspected drunk driver by giving the police your location and the other vehicle’s license plate number.

Wear Your Seatbelt

Try as you might to stay safe, another driver may involve you in a car accident on Labor Day weekend. Do not drive without your seatbelt, no matter how short the drive. Make sure everyone in your vehicle – especially children under 16 – also buckle up. The National Highway Traffic Safety Administration says wearing a seatbelt is one of the safest choices you can make. Seatbelts saved almost 15,000 lives in 2017. If you do get into a Labor Day car accident, your seatbelt could prevent serious or fatal injuries, including a fractured spinal cord or traumatic brain injury. Buckle up this holiday weekend.

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Electric Scooter Accidents Are Increasing in Texas

Wed, 07 Aug 2019 18:00:00 GMT

Rentable dockless electric scooters, or e-scooters, now have a presence around the world. Over the last few years, e-scooter rideshare companies have released tens of thousands of rentable electric scooters into major metropolises around the U.S. Unfortunately, safety does not appear to be a top priority for many of these companies. They allow inexperienced riders to try e-scooters for the first time in busy cities – scooters that can reach 15 miles per hour or more. As more riders try out electric scooters in Texas, the state’s related crash rate continues to climb.

E-Scooter Accident Statistics

Rentable e-scooters are still relatively new to the transportation sector, with Scoot Networks rolling out the first models in 2012. Dockless electric scooters gained popularity after 2017 when they entered the European market. Statistics regarding e-scooter accidents are difficult to find, but Consumer Reports conducted a survey to shed light on e-scooter safety. The survey attributed 8 deaths to rentable e-scooters since fall 2017, as well as at least 1,500 rider injuries.

The very first death connected to a rentable electric scooter occurred in Texas. The tragedy involved Jacoby Stoneking , a 24-year-old man who may have been in a hit-and-run. He passed away from severe head trauma after an apparent e-scooter accident. Investigators found Stoneking’s body about 500 feet from an electric scooter he had rented, snapped in two. While investigators concluded Jacoby fell from the scooter, his family believes his injuries were too severe and more likely pointed to a vehicle collision.

Another study based out of California found that over one year, e-scooters sent 249 people to emergency rooms throughout the U.S. Only 4.4% of these riders were wearing helmets. The most common injuries that sent riders to hospitals were bone fractures, head injuries and soft-tissue injuries. Other frequent injuries were lacerations, contusions and sprains. Although most e-scooter companies set the minimum age to ride at 18, the study showed 10.8% of victims in hospitals for e-scooter accidents were underage.

E-Scooter Safety Concerns

E-scooter accident research points to a few common problems contributing to related incidents. The first is rider age. Too many riders under the age of 18 unlawfully use electric scooters due to a lack of supervision by the companies. E-scooter companies have no way of restricting who can ride the e-scooters, other than requesting a driver’s license – which riders can have at age 16. Young and inexperienced riders can contribute to e-scooter accidents. Young riders are more likely to speed, ride on sidewalks, run red lights and engage in other reckless behaviors.

Another common safety problem is the lack of helmet use. E-scooter companies tell users to wear helmets, but many users ignore this recommendation. The California e-scooter accident study found that only 10 out of the 249 riders in the hospital had been wearing helmets at the time of their accidents. Wearing a helmet could dramatically decrease a rider’s risk of suffering a serious or fatal head injury in an e-scooter accident.

Texas E-Scooter Laws

Texas has been at the forefront of creating new laws to combat e-scooter safety concerns. In April 2018, LimeBike and Bird pulled their e-scooters from Austin after a City Council vote created stricter rules for e-scooter companies within city limits. The Council passed new rules that forced dockless e-scooter companies to obtain licenses to operate their services in Austin, or else face misdemeanor charges.

Austin now permits each company to release 500 e-scooters and electric bicycles in the city, with the city collecting $30 per vehicle. Operating licenses last six months. Texas lawmakers are further combatting e-scooter risks with proposed bills such as State Bill 549 , which would enact rules such as only one rider per scooter, rider age of at least 16 and no e-scooters on roads with speed limits over 30 miles per hour. Legislators hope the new bill could halt the increasing number of e-scooter accidents in Texas.

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How Common Are Pedestrian Accidents in Texas?

Mon, 05 Aug 2019 17:55:00 GMT

A driver should never strike a pedestrian. Safely designed streets, attentive drivers and prudent pedestrians can prevent vehicles and pedestrians from crossing paths. Unfortunately, human error and roadway defects can cause pedestrian accidents , injuries and deaths in Texas. Every year, hundreds of pedestrians end up in hospitals due to traffic accidents. Crash data and information can help spread awareness of this problem and increase vulnerable road user safety in Texas.

Pedestrian Accident Crash Facts

Pedestrian accidents are on the rise in the Lone Star State. The rate of pedestrian fatalities increased by 0.98% from 2017 to 2018, according to the Texas Department of Transportation . In 2018, 621 pedestrians in Texas lost their lives in traffic accidents. There were 1,116 suspected serious injury crashes involving pedestrians and 5,684 total pedestrian collisions. Texas is one of the top states in the country for its number of pedestrian accidents. Eight of the top 10 deadliest cities in America for pedestrians are in 3 states: Texas, Florida and California. Texas’ most dangerous counties for pedestrians (in order) are Harris, Dallas and Bexar.

What Causes Pedestrian Accidents?

Despite efforts by lawmakers and safety organizations, the pedestrian accident rates in Texas continue to climb year by year. Negligence is the most common cause of these collisions, mainly on the part of drivers. Driver distraction, recklessness and breaches of duty can lead to deadly collisions with people walking and jogging around town. Eliminating the top causes of pedestrian accidents in Texas could save dozens of lives each year.

Human error is a major factor in Texas pedestrian accidents. If drivers paid more attention to the road, put their cellphones down and respected pedestrian rights, fewer collisions would occur. City governments can also play a role in pedestrian safety by designing Complete Streets . Complete Streets look out for the safety of all road users, not just motor vehicle drivers. Safety initiatives such as building more pedestrian walkways and broadening sidewalks could bring down the number of fatal accidents.

How To Keep Yourself Safe

If you often walk, jog or bike around Texas, make your safety a top priority. Do not assume drivers around you will obey the law or keep you safe. Assume the opposite. Be alert at all times. Always look both ways before stepping off a curb, even if you have the right-of-way to cross. Many drivers negligently or recklessly disobey rights-of-way, cutting through crosswalks or running red lights. Drivers endanger pedestrian lives every day. Take control of your safety by paying attention, watching for cars and obeying Texas’ pedestrian rules of the road.

As a pedestrian, keep to sidewalks and pedestrian paths as much as possible. If a roadway defect or construction zone forces you to walk in the road, walk as close to the right-hand side of the road as possible, in a direction facing oncoming traffic. Obey crosswalk signals and do not walk until it is safe and lawful for you to do so. Make eye contact with surrounding drivers so you know they see you and have made complete stops. Cross the street quickly. For your safety, do not cross the road anywhere other than an intersection or crosswalk.

If a negligent or careless driver strikes you in Texas, you have the right to file a personal injury claim with that driver’s insurance company. Texas is a fault state, meaning the driver at fault for the pedestrian accident will be liable for your damages. A successful claim or lawsuit could repay you for many different accident-related damages. Knowing your rights as a pedestrian can help you go up against a driver or another party in pursuit of justice after a harmful accident.

The post How Common Are Pedestrian Accidents in Texas? appeared first on GES Injury Attorneys .

Motorized Tricycle Accidents

Wed, 17 Jul 2019 17:42:00 GMT

A motorized tricycle, or three-wheeled motorcycle, is a unique type of vehicle. If someone operates a motorized tricycle in Texas, he or she must obey specific traffic laws to avoid tickets and fines. Breaking the state’s motorized cycle laws is a traffic infraction. If someone breaks a law and causes an accident, it could be grounds for a civil lawsuit against the tricycle’s operator.

Motorized Tricycle Laws in Texas

Texas does not have laws in place specifically for motorized tricycles. Instead, it groups these vehicles in with others like it depending on the parameters of the vehicle. The state of Texas has unique laws in place for mopeds, motorcycles, autocycles and ATVs. A motorized tricycle could fall under a few different vehicle classifications depending on its specifications.

Most motorized tricycles will fall under the definition of a standard motorcycle, found in Texas Transportation Code section 541.201(9) . However, less advanced versions may qualify as motor-driven cycles in the eyes of Texas law. Identifying the type of motorized tricycle is one of the first steps an operator must take before taking the vehicle out. Otherwise, the rider might break traffic laws or cause an accident.

Why Do Motorized Tricycle Accidents Happen?

Motorized tricycle accidents happen for all the same reasons as other vehicle accidents – mainly, human error. Vehicle operators can make negligent or careless mistakes that increase the risks of collisions. A dangerous operator could break rules that are in place for everyone’s safety. This could lead to a preventable accident, along with personal injuries or fatalities.

An operator could crash a motorized tricycle for many reasons, from driver distraction to incompetence. If a negligent or reckless operator causes someone else’s injuries or property damages, the operator will be financially liable. Texas is an at-fault accident state, meaning the party at-fault for the accident will be the one that pays for everyone’s losses.

What To Do After a Motorized Tricycle Accident in Houston

If you were recently in an accident involving a motorized tricycle, gather as much information as you can about the collision. Get the name, plate numbers and insurance information of the other party. Take photographs of property damages and the scene of the accident, as well as wide-lens photos of the roadway where it happened. Do not admit fault for the accident. Remain at the scene and wait for the police to arrive. When they do, give them an honest account of what you believe happened.

Once you have received medical care for any injuries, contact a personal injury attorney in Houston to review your case. One or more parties could owe you compensation for your medical bills, pain and suffering, lost wages, and other damages. A Houston personal injury lawyer can answer your questions and help you file an insurance claim. He or she can calculate an accurate settlement demand amount based on your damages. A lawyer may be able to help you fight for maximum compensation from the at-fault party in Houston.

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How Do Trash Truck Accidents Happen?

Mon, 15 Jul 2019 17:38:00 GMT

Trash trucks play important roles in the community; they keep cities sanitary for residents. Yet the size, shape and nature of garbage trucks can lead to serious vehicle accidents. A trash truck crash in Houston could cause severe or fatal personal injuries to victims – especially bicyclists and pedestrians. Dump truck accidents can happen for many reasons in Texas, most of which relate to human error. Learning more about how trash truck accidents happen could help victims understand their rights to compensation.

Driver Error

The main reason trash truck accidents occur is because of driver error. Operating a garbage truck requires a Class B commercial driver’s license in Texas. Obtaining this license requires special training and passing a driver education course. All dump truck drivers should have adequate training and experience to safely handle the commercial vehicle in residential areas. Any act of negligence or carelessness on the driver’s part could cause an accident.

A garbage truck driver could easily cause a major accident if he or she fails to pay attention to the road. Negligent or distracted driving could lead to striking a pedestrian or bicyclist in Houston. While all commercial drivers must carry personal automobile insurance, they most likely will not be individually liable. Instead, the driver’s employer will be vicariously responsible for damages.

Dump Truck Company Negligence

Most driver-related trash truck accidents will result in the company or the city’s liability. If the dump truck driver was driving for work at the time of the accident, his or her employer will be vicariously liable. The employer could be a private trash disposal company or the City of Houston depending on the truck. The employer may also be directly liable if it engaged in an act of negligence that contributed to the crash.

The entity responsible for overseeing trash truck operations within a city could be responsible for an accident if it did something that caused the crash. The company or government may have to pay for victims’ damages if it committed an act of negligence, recklessness or malicious wrongdoing that caused injuries. Dump truck companies or the city could commit many acts that ultimately cause collisions.

It is the dump truck company’s legal duty to ensure the safety and performance of its trucks and drivers. Failure to fulfill this duty of care, resulting in trash truck accidents and injuries, is negligence. Victims may have grounds to file injury claims against the company or the city for their negligent acts that caused their collisions in Texas.

Unsafe Streets

Sometimes human error takes a different form in trash truck accidents. Rather than a driver or garbage truck company causing the collision, the root of the issue could be with roadway design or maintenance. A street that is dangerously narrow in Houston, for example, could contribute to a collision. Roadway defects such as an unsafe design, potholes, construction sites, uneven shoulders, lack of pedestrian walkways and broken traffic lights could all pose serious risks.

If an unsafe or defective street causes a dump truck collision, the City of Houston could be financially responsible. It is the city’s duty to maintain the safety of its streets. Failure to exercise reasonable care according to this duty, resulting in a harmful garbage truck accident, would make the city liable for damages. It may take a full investigation of a Houston trash truck collision to determine its true cause during a personal injury claim.

Speak with our Houston truck accident lawyers today.

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Understanding the Texas Stowers Demand Doctrine

Wed, 10 Jul 2019 17:31:00 GMT

If you suffer an injury in any kind of accident, you may have to navigate a complex insurance claim. The person that caused your injuries may not have the assets to cover your damages, but his or her insurance company will. As a claimant, it is unfortunately common to encounter issues that delay your claim, such as the insurance company offering less than your claim is worth or denying your claim outright. In these situations, your lawyer may utilize the Texas Stowers Demand doctrine to pressure insurance companies to reach a resolution.

What Is the Stowers Doctrine?

The Stowers Demand doctrine in Texas encourages insurance companies to accept reasonable settlement demands by claimants. Should the insurer choose not to accept the claimant’s reasonable demand, the case may go to trial. The insurance company will then take financial responsibility for the costs of the trial, regardless of what the judge or jury decides.

The Stowers Demand doctrine holds that if a claimant asked for a reasonable amount but the case goes to trial, the insurance company must pay the amount the jury decides. This could be substantially more than the reasonable offer the claimant originally made. If the claimant did not submit a reasonable offer, however, the insurance company will only owe an amount up to the policy’s limits, even if a trial awards a greater amount to the claimant.

The most common use of the Texas Stowers Demand doctrine is during insurance settlement negotiations using an attorney. A lawyer will make a reasonable settlement demand within the insurance policy’s limits after accurately evaluating the case. He or she may help the claimant prove the value of the case. Then, the lawyer will take the case to trial if the insurance company refuses to accept the reasonable offer.

History of the Doctrine

The Stowers Demand doctrine came about after a Texas Supreme Court decision in 1929: G.A. Stowers Furniture Co. v. American Indemnity Co. This case involved a G.A. Stowers Furniture truck accident. When the furniture company filed a claim for $5,000 with its insurer, American Indemnity Co., the insurance company refused to pay the full amount to settle the claim despite it being within the policy’s limits. The case went to trial and the insurance company ended up paying $12,207 instead.

Following the judgment, G.A. Stowers Furniture Co. filed an additional lawsuit against American Indemnity Co. for negligently failing to settle the original claim within a reasonable amount of time. This case went all the way to the Supreme Court, where the judge ruled in favor of the plaintiff. From then on, Texas lawmakers established a standard of care by which all insurance companies must abide when dealing with claims, known as the Stowers Demand doctrine.

An Insurance Company’s Duty of Care

According to the Stowers Demand doctrine, if a reasonable and prudent insurance company would have accepted a claimant’s settlement demand, the insurance company may be liable for additional damages. Filing a Stowers Demand Letter sets this doctrine into motion. When a plaintiff’s attorney files a demand letter requesting a reasonable settlement within the policy’s limits, it triggers the insurance company’s duty to respond promptly.

The insurance company may evaluate the claim and either offer a settlement or deny the claim. Should the insurance company deny the reasonable settlement demand, it may end up paying for much more in damages during a civil lawsuit. To prove a claim based on this doctrine, a plaintiff’s attorney must establish that the original demand was within the scope of the policy and coverage limits and that the demand was one an ordinary insurance company would have accepted based on the facts of the case. A Houston personal injury lawyer can help a plaintiff with this burden of proof.

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What Is the Statute of Limitations on Injury Settlements in Texas?

Mon, 08 Jul 2019 17:28:00 GMT

All states impose deadlines, or statutes of limitations, on civil and criminal claims. These deadlines serve to expedite the legal system and make the process fair for both parties. If a claimant misses the statute of limitations before filing an injury claim in Texas, he or she will most likely lose any right to compensation. The Texas courts take statutes of limitations very seriously, with limited exceptions.

What Are Statutes of Limitations?

A statute of limitations is a time limit. It is a deadline by which all claimants must file their claims within the state, or else forfeit the right to file forever. States pass these laws to encourage injured parties to bring their lawsuits as soon as they can, ideally while important evidence is still intact. Without a statute of limitations, an injured party could potentially wait until eyewitnesses forget what they saw or something happens to evidence that could have helped the defendant to file.

Although statutes of limitations have exceptions, for the most part, the courts expect a claimant to file by the given deadline. Courtrooms in Texas will most likely refuse to hear a case that someone brings after the statute of limitations has passed. If the courts do accept the case, they may dismiss it after the defendant uses the missed deadline as evidence against the plaintiff. It is important for claimants to understand and obey their statutes of limitations during personal injury cases if they wish to have valid claims.

What Is the Deadline in Texas?

Texas’ statute of limitations on personal actions exists in the Civil Practice and Remedies Code, Chapter 16 . This statute gives a victim two years from the date of suffering an injury to bring a lawsuit within a state civil court. The clock starts ticking on the day the accident occurred unless the victim did not discover his or her injuries until a later date. In that case, the deadline would not begin until the date of discovery. Texas has different deadlines according to the type of civil claim.

Texas law states that a person must bring a lawsuit for personal injury or wrongful death no later than two years from the day of the cause of action. The cause of action is either the injury or the death depending on the case. A claimant who believes he or she is eligible for an injury settlement in Texas must file a claim for financial recovery by the deadline or else lose the right to receive any compensation. A few exceptions, however, could change the deadline for a claimant.

Exceptions to the Rule

Texas lawmakers allow some exceptions to the standard statute of limitations in special cases. Bringing a civil action for an asbestos-related injury, for example, will come with a longer deadline since it can take decades for a victim to recognize injuries or illnesses stemming from asbestos or silica exposure. For these cases, the courts give two years either from the date of the injured party’s death or the date upon which the injured party serves an official complaint on the defendant.

Cases involving minor victims may also have unique deadlines. Most courts will allow an injured minor to toll, or extend, the statute of limitations until he or she turns 18. The child’s parent, however, can choose to file the claim on behalf of the child at any time. Another common exception is a civil case involving criminal charges. Most victims can wait until the completion of criminal cases against the defendants to bring civil charges. Every situation is unique. Claimants should consult with attorneys to learn their specific statutes of limitations.

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Safety Tips for Teenage Drivers

Wed, 03 Jul 2019 17:15:00 GMT

Every driver was once a teenager getting behind the wheel for the first time. Most teen drivers are still learning how to safely and prudently control motor vehicles…often through trial and error. Even the best teen drivers, however, do not have the real-world experience to equip them for all possible roadway scenarios. Teenagers can make poor decisions that increase their odds of getting into serious car accidents . A few safety tips could save lives.

Never Text and Drive

Car accidents disproportionately involve teen drivers compared to other age groups. Although teens ages 15 to 19 only represent 6.5% of the country’s total population, they account for 8.4% of the costs of car accident injuries, according to the Centers for Disease Control and Prevention . One of the most important safety tips for teen drivers is to put the phone down. Cellphones have caused thousands of fatal car accidents.

Texting or talking on a handheld electronic device can greatly increase the risk of getting into a collision. Teen drivers are more likely than adults to use cellphones behind the wheel to text, talk, watch videos and scroll through social media. Teens should get into the habit of turning their phones off or putting them in the glove compartment while driving. Parents may want to consider downloading apps or using other devices to block teens from using cellphones behind the wheel.

Buckle Up

Teenagers have the lowest rate of seat belt use among all drivers in the U.S. They may not fully understand the dangers of not buckling up, or they may intentionally ignore the risks to look cool. Either way, failing to use a seat belt could drastically increase the risk of sustaining a fatal injury in a car accident. In 2017, if everyone had worn a seat belt, an additional 2,549 people would have survived car accidents. All drivers – adults and teens – should wear their seat belts on every drive, whether they are traveling 1 or 100 miles.

Find a Sober Ride

Drinking and driving is a main contributor to fatal car accidents in Texas. In 2017, 1,024 Texans died in car accidents involving drunk drivers. Someone who is under the influence of drugs or alcohol cannot safely or adequately operate a vehicle. Unfortunately, many intoxicated people overestimate their abilities. They may think they are sober enough to drive when in reality they are drifting in and out of lanes, slamming on the brakes, driving the wrong way on one-way streets, running red lights, speeding or engaging in other dangerous behaviors.

Teen drivers should never drink and drive. They could cause accidents that kill them and/or others. They could also face serious penalties if police catch them driving under the influence (DUI). Texas is a Zero Tolerance DUI state. Drivers under the age of 21 can get DUIs with almost any measurable amount of alcohol in their blood, not just 0.08. The penalties for DUI in Texas include thousands of dollars in fines and jail time. It is easier than ever to find a sober ride thanks to apps such as Uber and Lyft.

Slow Down

Speeding is dangerous for many reasons. A speeding driver may be unable to react in time to avoid a stopped vehicle, crossing animal or child that darts into the road. Driving too fast for conditions can make it impossible to stop fast enough in a dangerous situation. It contributes to accidents such as hydroplaning, vehicle rollovers, head-on collisions and high-speed rear-end collisions.

Speeding also increases the risk of suffering serious and fatal injuries in an accident. When two vehicles collide, they do so at the combined speeds of both vehicles. If the teen is traveling at 70 miles per hour, therefore, and collides with a driver going 45, the speed of the collision is 115 miles per hour. Higher speeds in a crash can cause more serious personal injuries. Slowing down is one of the best ways to increase a driver’s safety.

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What Is Considered Distracted Driving in Texas?

Mon, 01 Jul 2019 16:59:00 GMT

Distracted driving is a growing problem. Despite most drivers understanding the dangers of distracted driving, thousands engage in this activity daily. Many overestimate their abilities to multitask, assuming they can do something else and still drive safely. Distracted driving can interfere with reaction time, however, and cause accidents. Distracted drivers took 3,166 lives in 2017. Being guilty of this act of negligence in Texas could lead to serious consequences.

The Definition of Distracted Driving

Distracted driving refers to a driver who is not dedicating 100% of his or her attention to the road. Anything that distracts the driver’s eyes, hands or mind from the driving task could be dangerous. Distractions may be external or internal to the vehicle. External distractions can include reading billboards, sightseeing or looking at car accidents . Internal distractions can be almost anything, ranging from changing the radio to personal grooming behind the wheel.

Cellphone use is the main cause of distracted driving. However, anything could detract a driver’s attention enough to cause a collision. Distractions may be visual, manual or cognitive. If something removes a driver’s eyes from the road, it is a visual distraction. Manual distractions remove the hands from the wheel. Cognitive distractions take the mind off of driving. If a driver is upset, angry or otherwise emotional while trying to drive, it could diminish his or her reaction times.

The Dangers of Texting and Driving

Cellphones are the most dangerous form of driver distraction. Using a cellphone fulfills all three forms of distraction: it absorbs a driver’s visual, manual and cognitive energies. According to the National Highway Traffic Safety Administration, reading just one text message while traveling at 55 miles per hour is the equivalent of driving across a football field with the driver’s eyes closed. It is impossible to safely text and drive using a handheld cellphone. In Texas, texting and driving is not just dangerous – it is against the law.

Texas’ Cellphone Laws

The high number of traffic accidents connected to cellphones motivated Texas lawmakers to make a change. In 2018, 18% of all Texas car accidents stemmed from distracted driving. Distracted drivers contributed to 2,340 injuries and almost 400 deaths in Texas. Cellphone use is a critical cause of distracted driving accidents. Like most states, Texas passed ordinances banning cellphones behind the wheel.

The state’s cellphone laws are primary, meaning a police officer in Texas can stop drivers on suspicions of texting and driving without any other cause. Causing an accident while distracted could have serious consequences. The at-fault driver could face criminal charges, jail time, hefty fines and personal liability for damages. The driver may also owe the victim restitution to pay for losses, which could equal thousands of dollars. Pledging not to drive distracted could protect the driver and save a life.

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Who Is Liable for Texas Apartment Fires?

Thu, 20 Jun 2019 20:53:00 GMT

Home and apartment fires claim lives and destroy property. Victims face unexpected medical bills, replacing their possessions, and finding short- and long-term housing, all in a flash. The emotional trauma overwhelms. Then, the question remains, where does the responsibility lie for all of these sudden expenses?

In Texas, the cause of the fire, the terms outlined in the tenant’s lease and any insurance coverage, all determine the answer in apartment fires.

Landlord Responsibility in Texas Apartment Fire Damages

Tenants often feel that owners of apartment buildings should bear the responsibility for fire losses. Certainly, the owners of the buildings are in a better position financially than most tenants. Often tenants may simply assume the landlord has some type of insurance to cover the damage. Usually that is not the case. Insurance carried by landlords typically covers the premises and building damage, any of the landlord’s personal or business belongings, and third-party liability associated with landlord negligence. Lack of coverage for tenant belongings leaves many victims of apartment fires unprotected and unprepared.

Generally, the landlord accepts liability for tenant losses only for landlord negligence – for example, landlords who fail to maintain an apartment properly where faulty wiring starts the fire. Negligent landlords may assume liability even when the negligence does not directly cause the fire.

Tenant stress suffered after an apartment fire is significant. Landlords that receive several requests to repair faulty smoke detectors and fail to respond are specifically negligent. This intentional infliction of distress contributes to legal liability.

Landlord liability for property losses, injuries, pain and suffering, and the cost of relocation form the foundation of many apartment fire lawsuits. A landlord found guilty of negligence means fines, reparations, or even jail time.

Landlord Negligence That Does Not Increase Harm

Landlord negligence in non-contributory areas, such as a hole in the wall, roof, or window, broken water heater, mold, or rodents, does not increase liability in the case of a fire.

Sometimes, third parties assume apartment fire liability. For example, fires caused by defective appliances, lamps, or other products may hold the manufacturer or supplier legally responsible.

Victims do find recovering damages impossible, in some cases. The negligence of another tenant is a good example of this. Most tenants cannot personally pay the damages, unless they carry renter’s insurance to cover their losses, and those of other tenants.

Renter’s Insurance Covers Losses

Renter’s insurance covers some losses for tenants, both those who started the fire, and those who did not. Policies vary. An explanation of the coverage from the insurance agent representing the policy assures peace of mind.

Determining Liability

Determining the liability for apartment fires requires determining the underlying cause of that fire. An investigation by experts is complex and often time consuming. Expert opinions sometimes differ. Each insurer attempts to avoid liability in the process.

Tenants should always keep a record of all communications with the landlord, in writing. Documenting each conversation helps in any dispute, especially in court.

Ultimately, tenants in Texas find that carrying renter’s insurance for themselves gives them the greatest likelihood of making a successful claim. You have legal options in the event of an apartment fire, even without renter’s insurance. Determining the cause and legal liability is the first step.

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Are Employers Required to Carry Workers’ Compensation Coverage in Texas?

Tue, 18 Jun 2019 20:48:00 GMT

Texas is different from other states in many ways. One of those ways is that Texas is the only state that does not require employers to carry Workers’ Compensation insurance.

Is There Any Workers’ Compensation Insurance in Texas?

Texas encourages employers to carry Workers’ Compensation insurance. Employers have the right to choose to protect their employees using Workers’ Compensation. If they choose not to, the employer loses several common law defenses in employee personal injury claims. When an employer offers Workers’ Compensation to their employees, they are immune from employee lawsuits, except for gross negligence.

The employer only needs to offer the coverage, since the employee can choose to opt out. The opting out choice happens at the initial offering, not after an injury. At the time of hiring, each new employee receives notification of non-coverage or coverage. The same notice posts on the bulletin board with all other announcements required in the workplace. Each new hire has five days to choose to waive their right to workers’ compensation insurance. If they waive this right, they retain the common law right to sue their employer for work related injuries. The notice informs the employee that giving up workers’ compensation means they also give up any income or medical benefits under workers’ compensation law.

Non-subscriber employers that go without coverage remain open for personal injury lawsuits from injured employees. Damages and fees seem almost unlimited. Plus, some typical personal injury defenses like assumption of risk, last clear chance, contributory negligence, or co-worker negligence, do not apply.

How Common Is Workers’ Compensation in Texas?

Many Texas employers choose not to provide protection for their employees through Workers’ Compensation. Premiums are high in hazardous industries, because of the many previous claims. Companies at high risk for claims frequently chose alternate, inferior injury employee benefit plans. Sometimes these companies offer their employees no protection at all.

When employers discontinue Workers’ Compensation insurance coverage, they must inform the Workers’ Compensation Division of the Texas Department of Insurance and their employees, as soon as possible.

Very large corporations that provide Workers’ Compensation insurance by law in every other state do not do so in Texas.

These companies find that their choice in Texas to forgo Workers’ Compensation insurance premiums increases profitability.

Do Injured Employees Have Rights When Employers Do Not Offer Workers’ Compensation Insurance?

This can be tricky and confusing from a legal standpoint. The company’s employee handbook outlines the alternative options for injured employees. The agreement may require waiving employee rights to bring a claim or submitting disputes to binding arbitration instead of filing a lawsuit. Legal advice is helpful before taking any other action.

If the employee handbook outlines no plan at all, the injured party has the right to file a legal claim against the employer. When injuries result from the negligence of an employee, another company or a visitor, a third-party negligence claim may result.

What Does Workers’ Compensation Cover?

Workers’ Compensation covers an injury or illness, without considering fault, when sustained during the normal course of employment. This includes any injuries sustained during travel that relates to the employee’s usual work.

Injuries not covered include the results of the employee’s willful criminal act, horseplay, or self-injury, intoxication from alcohol or drugs, voluntary participation in off-duty recreational activities, third party criminal acts directed at the employee for personal reasons unrelated to work, and acts of God.

Texas Workers’ Compensation laws make work injuries specifically complex. It is certainly wise to speak with an attorney to determine the options associated with any work-related injury.

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What Are the Five Kinds of Driving Impairment?

Thu, 13 Jun 2019 20:43:00 GMT

Human error plays into over ninety percent of all vehicle collisions. Driving impairment factors heavily in human error. Twenty-nine people die every day across the country in alcohol impaired vehicle crashes alone. That means a person dies about every fifty minutes. In fact, alcohol related car crashes cost over $44 billion annually.

The Scope of the Problem (as of 2016)

Not all driving impairment is as a result of alcohol or drugs. The National Highway Traffic Safety Administration identified five distinct kinds of driving impairment.

Medical Conditions

Chronic medical conditions can cause sudden, unexpected changes in consciousness.

Some individuals with these chronic conditions do not drive. Their medical ineligibility for a drivers’ license reduces risks for everyone on the road. If they do drive, their liability for damages increases if they experience a medical episode based on a previous diagnosis and a crash occurs. When a doctor advises against driving, getting behind the wheel anyway – even with a valid license – demonstrates the lack of ordinary care.

Distractions

Cell phones contribute to the distracted driving crisis as they demand the driver’s attention. A cell phone combines every one of the three types of distracted driving.

Distracted driving also includes using hands free phones as cognitive and visual distractions. Eating, talking to the passengers in the car, and applying make-up while looking in the rear-view mirror reflect common, dangerous, distracted driving examples.

Alcohol

Alcohol clouds driver judgment and impairs critical motor skills. Legal intoxication levels require blood alcohol levels of .08, but driving impairment occurs at lower levels. Just one drink affects some motor skills and reaction times.

A driver convicted of driving intoxicated shows negligence. Circumstantial evidence like erratic driving or bloodshot eyes also prove negligence. This all supports the victim’s case.

Drugs

Many types of drugged drivers are on the road. In some areas, the drugged drivers are more common than drunk drivers.

Fatigue

Fatigue affects the brain much the same way as alcohol. After eighteen hours awake, the fatigue changes the brains reactions to the same level as driving with a .05 blood alcohol level.

Fatigue has no test, so plaintiffs use circumstantial evidence to prove liability. Erratic driving provides excellent evidence, plus any statements from the driver about feeling tired.

As a plaintiff, the details behind the different types of the driver’s impairment remain important for your case.

The post What Are the Five Kinds of Driving Impairment? appeared first on GES Injury Attorneys .

What Are Some Common Types of Anesthesiology-Related Errors?

Tue, 11 Jun 2019 20:35:00 GMT

During surgery, doctors typically use anesthesia to prevent the patient experiencing pain during the procedure. Anesthesia makes many procedures possible, but it is not perfect. Anesthesiologists must carefully monitor each patient to avoid complications. Everyone is different, and individual reactions to anesthesia vary, too. It is the doctor’s responsibility to foresee these variations and make the appropriate adjustments in each patient’s care.

Actually, anesthesia mistakes are a leading cause of medical malpractice claims. Medical malpractice cases are different from other personal injury cases because the anesthesiologists have a very high duty of care. Doctors, lawyers and psychiatrists all share this similar high level of duty toward their patients and clients.

Common Anesthesia Mistakes and Complications

Anesthesia errors lead to complications. Some patients feel pain as they actually remain fully or partially conscious during their surgery. Others suffer brain damage from a lack of oxygen because they were under anesthesia for too long or too deeply. These errors lead to significant patient discomfort and can lead to permanent damage.

Patient History

As with other medical procedures, gaining the informed consent of the patient is a critical step. A complete patient medical history is crucial. Patients have allergies to anesthetics. Many have pre-existing medical conditions. Medications commonly prescribed affect anesthesia, too. Patient histories give practitioners the information they need to make critical decisions. Unfortunately, sometimes anesthesiologists do not use the information to reinforce safety issues.

Dosage Errors

Anesthesiologists adjust the dose of the anesthetic based on patient medical history and other situational variables. Obvious variables are the nature of the surgery and the time required, so the patient does not wake up before the surgery ends. Emergency surgical procedures make errors more common. Emergency C-sections or appendectomies limit the anesthesiologist’s time and create distractions. Dosage errors allow dangerously prolonged sedation times of patients, which can lead to lifelong disabilities.

Delay in Administration – Not Giving the Anesthesia the Time to Take Full Effect

In emergency surgery, seconds can count for life or death. Sometimes, a doctor begins a surgery before the patient feels completely anesthetized. Failing to give the anesthesia the chance to take effect means the patient feels excruciating and entirely unnecessary pain. A Delay in Administration case has many anesthesiologists over correcting. They administer stronger doses to get the anesthesia to work faster. Sometimes, the patient does not wake up because of the stronger or higher dose of the anesthesia.

Intubation Refusal

Intubation inserts a tube in the patient’s windpipe. The patient breathes comfortably through the tube. The anesthesiologist can quickly add medicine, or anesthetic antidote, as required. Occasionally anesthesiologists consider this procedure unnecessarily cautious and refuse to intubate. That is just not true. One tiny mistake is all it takes.

Failure to Monitor

Occasionally, the anesthesiologist does not even attend the surgery. They start in the operating room at the beginning, stay for a few minutes, then leave and do not return. They rely on a notification from the surgeon if something goes wrong.

When they leave, the alarms and other equipment shut off. The idea is that these alarms might distract the surgeon and the rest of the surgical team.

Failure to monitor post-surgery is usually the biggest mistake. In the post anesthesia bed, the patient lacks care because some anesthesiologists stop working at that point. Allergic reactions, adverse side effects, or complications can wait to manifest. Patients could relax to the point they stop breathing entirely.

Anesthesia errors are serious. Anesthesiologists need a complete history from each patient, yet errors still occur. Medical malpractice laws provide options for patients who suffer harm from anesthesia.

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Can I Sue if an Intoxicated Person Hurts Me at a Bar?

Thu, 06 Jun 2019 20:31:00 GMT

Most bars and restaurants provide a peaceful opportunity for a nice evening out of the house. Others are a hornet’s nest of chaos and trouble. Direct attacks, or an accidental injury from flying bottles or fists do happen. But the big question is; who is liable?

Are victims able to sue a nightclub or bar when injuries occur there? Premises liability laws cover situations like these.

First, It Must be Someone Else at Fault

To start, someone else had to start the fight. An injured person cannot sue for their own injuries if they started the altercation. Also, the injuries must not arise from an agreed upon fight or a mutual disturbance. The person who began the attack assumes liability to the injured party. Intentional tort principles cover these damages.

Unfortunately, most people fighting in bars lack the financial resources to make it worthwhile to sue them. So, injured parties often must look to suing the nightclub or bar itself.

What Is Dram Shop Law?

Dram Shop law refers to injury lawsuits caused by people who purchased alcoholic drinks at bars and restaurants. When someone drinks and then attacks, a Dram Shop case against the bar or nightclub may ensue.

When someone suffers damages by the actions of an intoxicated person there is legal recourse against the establishment serving the alcohol. Presumably, serving too much alcohol led to the attacker’s actions. Alcohol sparks dangerous situations, and sometimes punches fly for no other reason.

Weapon use is also an issue. Patrons carry weapons in, or a variety of potential weapons are already in the bar as tempers flare. Pool cues and bar stools are handy. Bottles or beer mugs as weapons for glassing another person are particularly dangerous. The unpredictable nature of drunks makes the establishment responsible.

General Premises Liability Law

Claims against bars or nightclubs for damages from a fight are standard personal injury cases, which is a type of negligence case. The nightclub must prove negligent, and that negligence caused the injuries. Fight cases generally involve intoxicated assailants which calls into question security and alcohol service policies. Every establishment has a duty to reasonably provide security for customers, and not to continue to serve intoxicated customers.

Under Dram Shop Laws, bars and nightclubs have a duty to closely monitor patrons. They provide assurance that they do not continue to serve alcohol to their intoxicated customers.

State and Municipal Laws

Violations of a state or local law leads to potential liability against the establishment. Serving underage customers, staying open later than regulations allow, or happy hour drink specials where prohibited, help an injured patron in their lawsuit.

Immediate Actions

In personal injury cases, actions taken immediately afterwards can help the success of the case. The management of the bar should receive a report of the fight, and the injury, immediately. A law suit can still proceed, even if the injury report waits. Juries and insurance companies question accident claims not reported quickly. Witness contact information is part of an injury report, too.

Victims of Drunken Violence

The perpetrator of drunken violence, and also the enabling establishment, hold the responsibility for damage. Bars pouring drinks for drunk patrons violate the law. Dram Shop Law considers both the attacker and the bar responsible for the violence and the damages.

If the attorney proves that negligent alcohol service primarily caused the injuries, the victim can pursue damages from the negligent bar. In Dram Shop cases the conclusion is that the intoxicated person would not take the actions that caused the injuries if alcohol did not cloud his thinking.

So, can someone hurt in a bar fight sue the bar where it happened? Yes, in some situations, as long as they didn’t start the fight.

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What Is the Thin Skull Rule?

Tue, 04 Jun 2019 20:23:00 GMT

The Thin Skull Rule refers to the same law as the Eggshell Skull Rule, the Eggshell Plaintiff Rule, the Special Sensitivity Rule or the Old Soldier’s Rule. The rule states that a defendant’s liability extends to uncommon and even unforeseeable results for the victim. Basically, the victim’s pre-existing vulnerability does not reduce the defendant’s responsibility .

Thin Skull Rule and Personal Injury Law

Thin Skull Rule cases all begin with the same elements as any other personal injury case .

Personal injury also includes the concept that damages are reasonably foreseeable. That way, people are responsible for the consequences of their actions. Laws also cover carelessness and inattention, so long as the actions of a defendant were avoidable.

For example, if someone drives along and suddenly experiences medical symptoms that result in the driver causing a crash, the scenario will receive different treatment than one in which the driver were simply driving distracted, such as with texting while driving. The driver suffering an unexpected medical symptom would not have the same level of responsibility as someone who was being negligent, even though both drivers did not intentionally cause a crash. The case would be different, however, if the driver was aware of a medical condition that could lead to such a symptom, and negligently chose to drive anyway.

Foreseeability Defense Turns Into a Thin Skull Defense

The Thin Skull defense basically represents an exaggeration of the foreseeability defense. The foreseeability defense claims that the defendant could not reasonably foresee that the action would result in harm to the plaintiff. In a Thin Skull defense, the defendant’s lawyer argues that the plaintiff suffers from pre-existing conditions or a status that makes their injuries worse than expected. Therefore, the defendant simply did not reasonably know about the defendant’s condition. The argument follows that the resulting damages must not be the defendant’s responsibility.

A civil trial fortunately does not permit this argument. The law says that the defendants must take their plaintiffs as they find them. The defendants remain responsible for any and all injuries resulting from their actions. A plaintiff’s pre-existing condition is, therefore, irrelevant.

How to Recognize a Thin Skull Case

The most common example of a Thin Skull case in legal texts explains it in a hypothetical scenario. Someone negligently bumps a man and knocks him over onto the ground. The man bumps his head. This appears as a minor incident from which most people would get up and continue along, with perhaps little more than a bump on their head. However, because this particular man lives with an eggshell skull, so this fall causes a skull fracture and a serious brain injury.

The Thin Skull Rule states that the defendant does not escape liability for damages on account of the man’s unusually thin skull.

Calculating Damages in Thin Skull Cases

Calculating damages in Thin Skull cases does require an adjustment. The possibility that a plaintiffs pre-existing conditions would result in some harm even without the tort needs assessed in each case. Liability claims of damages drop when the risk of damages remains remote and not in proportion to the defendant’s responsibility.

The Protection of Everyone

The courts do not speculate about how healthy people and more fragile individuals respond to carelessness or negligence. Everyone receives the full protection of the law, without the consideration of pre-existing states or conditions.

If the Thin Skull Rule did not offer protection to individuals, the old and sick would receive less protection than the strong and healthy in personal injury cases. A focus on actual harm done and the avoidance of speculation supports the equal protection of everyone.

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Workers’ Compensation for Industrial Accidents?

Thu, 23 May 2019 16:00:00 GMT

Industrial accidents occur in various sectors of factory work and can cause serious injuries. As in any other workplace, industrial workers can seek workers’ compensation for the damages incurred by the accident.

Common Industrial Accidents

Electrocution, dependent on its severity, can cause minor damage or serious injury. Electrocution occurs when the owner of the premises does not properly maintain their property, causing faulty/exposed wiring and defective equipment. Electrocution can cause burns, nerve damage, heart attack, and sometimes death .

Toxic Exposure involves exposing the workers to toxic gases or chemicals. This can happen physically through skin contact, ingested, or inhaled. Some harmful industrial substances that cause toxic exposure are lead, asbestos, gasoline, and even cleaning solutions that are not safe to inhale or touch. Toxic exposure causes short term effects like dizziness and headache, but can pose long term risks like cancer development, internal damage, neurological issues, and death dependent on exposure.

Falling objects are a straightforward cause of industrial accidents. Improperly stored items or loose building components can cause significant fall damage to both property and worker. Falling objects cause concussions and broken bones in minor accidents. In more severe accidents, falling objects can cause brain damage or death.

Falling from elevated locations can cause broken bones and internal damage. Falls commonly happen when using ladders or scaffolding. Several risks come into play when assessing ladder falls: defective equipment, interfering or negligent coworkers, inclement weather, and exposure to power lines. Scaffolding accidents occur under different risk factors, like unprotected openings on the scaffold, insufficient covering of scaffold rebar, and faulty components (braces, connectors, etc.).

Mechanical injuries occur when a machine component hits a worker, or the worker gets stuck somewhere in a machine. This causes a range of damage: bruising, broken bones, severed limbs, tissue damage, and potential death. If defective machinery does not cause mechanical injuries, they are typically a consequence of the past-paced industrial environment. In this case, tripping on or around, and squeezing past, dangerous machinery are common causes.

Inadequate safety regulations are an additional cause of workplace accidents, especially in reference to the operation of machinery. An employer that lacks effective communication – including signage, verbal, and written communication – unintentionally creates danger when they ask their employees to operate heavy machinery or tools. Inadequate safety regulations can cause falls, electrocution, mechanical injuries, and toxic exposure.

Workers’ Compensation Claim

Certain injuries sustained while working in an industrial setting are the result of employer negligence. Industrial workers receive workers’ compensation payments for medical bills they accrue from treating workplace accidents. Sometimes the employer’s insurance company will also cover lost wages, but this is not a guaranteed benefit. In the case that workers’ compensation does not accurately address the damages incurred by the incident, the injured worker can sue their employer for negligence in the workplace.

The worker should seek legal assistance in filing either claim with their employer. In some cases, employers may withhold certain benefits or retaliate when an employee files for workers’ compensation. Effectively addressing situations like these requires professional consultation and backing.

Benefits of Workers’ Compensation

Workers’ compensation benefits assist the injured worker in their recovery. Workers’ compensation benefits apply to any worker, even if employer negligence did not cause the incident. Job-related illnesses and conditions, like carpel tunnel syndrome, are covered under workers’ compensation.

Dependent on the worker’s status post-accident, they may be eligible to receive at least two-thirds of their paycheck via lost wages. Full-time status and base pay determine the payout of workers’ compensation in terms of lost wages. However, compensation benefits always cover all medical bills and recovery-related objects and medications for the injured worker.

Industrial accidents are typically more severe than incidents like falls in the office workplace. With that in mind, the workers’ compensation claims process in in place to benefit any employee when they suffer work-related injuries, no matter the severity.

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Is Technology Promoting Distracted Driving or Safer Driving?

Mon, 20 May 2019 15:56:00 GMT

Two questions sum up the debate surrounding the role of technology in day-to-day life: Is it necessary? Is it safe? Hesitancy as technological innovation continues to grow is understandable because it takes trust to take certain responsibilities. However, technology has the potential to improve different facets of day-to-day life, including the driving experience.

Why Are We Worried?

The most cited worries surrounding modern technology’s impact on the safety of driving fall under one category: distracted driving. When over 70% of teenagers report texting and driving, this worry begins to hold validity. Younger drivers are apt not only to text in the car, but to take advantage of cool car features, like Bluetooth that projects incoming calls from friends, or a booming surround-sound system. Distracted driving is a valid worry, but it detracts from the positive attributes that technology does provide drivers.

How Does Technology Help?

Despite the worries associated with technological distraction while driving, modern innovation has produced a myriad of features that help with various aspects of driving. In the case of young drivers, these innovations may even save them. If a driver forgets simple driving details (ex. checking a rear-view mirror while reversing) or makes larger mistakes (ex. checking blind spots while changing lanes), recent technology prevents the ensuing car accident . Various features of driving technology are useful in helping younger, and older, drivers from making human mistakes:

Meet in the Middle

Technology isn’t the enemy in any driving scenario – distracted driving is. Distracted driving causes fatality every thirty minutes. happens under a multitude of disguises: makeup application, eating food, searching for directions or places to eat, listening to music, and even texting. Curb distracted driving that results from phone and car app usage by taking several precautionary steps:

The “do not disturb” setting on iPhones have already decreased phone usage while driving by 8%. Although distracted driving is a valid concern regarding the state of technology and the driving process, the safety advantages that it provides outweigh this risk. Knowing how to properly utilize technology, and establishing firm boundaries in its use, are key in preventing accidents caused by distracted driving.

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What Are the Four D’s?

Thu, 16 May 2019 15:51:00 GMT

When it comes to medical malpractice, four aspects must be present in any and all cases. The four D’s – duty, dereliction, direct causation, and damages – remind the public of what constitutes an act of medical malpractice. Medical malpractice is not always intentional; it is commonly attributed to acts of negligence that still possess overarching consequences. Severe cases of malpractice result in injury or death to the patient . Other cases pose more of a financial burden because the medical professional orders needless exams, surgeries, or unnecessary equipment use. The four D’s guide us in assessing medical malpractice. So, what exactly constitutes each aspect?

Duty

Duty refers to a medical professional’s obligation to uphold the rules and guidelines set forth to ensure smooth and safe practice. One clear indicator that a professional is breaching this tenet is an aversion toward referrals. A doctor that is not qualified to treat certain conditions should not give medical advice – they should refer a patient to a qualified practitioner. An unqualified medical professional provides inadequate treatment and counsel, putting the patient at risk,

This category of malpractice also involves retaining patient confidentiality and treatment. Even if the doctor does not inflict bodily harm to the patient, they can still file a claim against a practitioner that breaches their confidentiality agreement or provides biased and/or prejudiced treatment.

Dereliction

Dereliction occurs when a medical professional has breached terms of their practice or overstepped patient boundaries.

A court will charge a medical practitioner with breaching their terms of practice simply by not meeting the expectations of the patient. For example, if the professional works in an unsanitary environment, while the patient is under the impression that the workroom is safe, they can be charged with dereliction. Unfounded diagnoses are another example of dereliction because they can result in unnecessary treatment, costs, and emotional distress.

A professional is also charged with dereliction if they perform any medical procedure not specified with, or approved by, the patient. In severe cases, this can involve the removal of unapproved body parts or altering a patient’s preapproved cosmetic surgery.

Direct Causation

Direct causation is an assessment that determines whether dereliction resulted in negative consequences. Dereliction in which a medical professional operates on or removes an unapproved body part is straightforward. Record will show that the practitioner did not previously obtain patient approval, and they will be charged. Some situations, like claiming a lack of workplace sanitation caused patient illness, require more evidence to count as dereliction. In both scenarios, medical records, and other written evidence of workplace maintenance, are essential in determining direct causation.

Damages

Damages refer to any class of suffering directly caused by medical malpractice as determined by the previous three D’s. You can define suffering as any financial, emotional, mental, or bodily harm incurred by the medical practitioner. For example, infection caused by dereliction can result in both emotional and bodily suffering of the patient. Courts award financial compensation to address damages that result from remedying the issues caused by malpractice. Medical bills, lost wages, and even emotional distress are all compensable as forms of damage.

Using the four D’s, patients can act against medical malpractice. Talk to a lawyer about filing a claim against a practitioner that has directly incurred damage during any portion of the diagnosis and treatment process.

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What Are the Most Common Premises Liability Claims?

Mon, 13 May 2019 15:48:00 GMT

Premises liability cases involve claims that assert an individual was harmed due to a specific issue with the premise itself. Failure to acknowledge certain safety risks and improper maintenance of any aspect of a premise are grounds for taking legal action against the owner of the location. You or your lawyer must provide evidence to support such assertions, but most cases are straightforward in their cause. This article discusses some of the most common reasons for seeking premises liability claims.

Slips and Falls

This type of accident is the most common reason cited for a premise liability claim. In successful cases, slips are reportedly caused by cluttered or unsafe environments that are not being properly maintained. Slip and fall cases require evidence that prove the premise was truly unsafe when the injury occurred. Some items that qualify as evidence are exposed cords, puddles of water, excessive clutter, wires, and open holes on the premise.

Animal Bites

Animal bites most commonly reference dog attacks in premise liability cases. These cases typically rule in favor of the victim, especially if the dog has a history of aggressive behavior. If the court rules in favor if the victim, the dog owner must reimburse the victim’s subsequent medical treatment. Though uncommon, dog owners are not always at fault in these cases if the following details are revealed: the victim was trespassing, or the dog was defending itself against maltreatment. Dependent on the nature of the animal bite, the dog owner may have the chance to split the costs of the victim’s medical treatment. This is based on the degree of fault for which the court decides the dog owner is accountable.

Property Maintenance

Property owners are responsible for the upkeep of their premises. Specific codes require property maintenance and regulation that protects its inhabitants from unnecessary injury. Minor construction faults, like uneven surfacing, are qualifying evidence in this type of liability case.

Two significant consequences of improper premise maintenance are electrocution and toxic exposure:

Drowning

Drowning is a severe premise liability case that impacts the victim’s family. Drowning cases commonly occur in public swimming arenas and water parks but can also take place in another individual’s home. In any case, courts deem the pool owner at-fault if the victim’s family/lawyer can prove that the pool owner did not soundly address the potential risks associated with swimming. Two pieces of qualifying evidence are a lack of written warning (ex. Regulations/no running sign) and a lack of supervision.

Fires

Fire standards are set to prevent excessive fire damage and help those exposed to the fire get to safety. Fatalities and serious injury result if a location does not meet these standards. A building is deemed unsafe if their fire alarm system is not functional, it is not constructed with adequate exit points for escape, or if the sprinkler system is faulty.

Escalator and Elevator Maintenance

Inadequate maintenance of escalator and/or elevator mechanisms is grounds for an at-fault ruling in a premises liability case. The machinery involved in both transportation systems require consistent maintenance. The owner of the premise in which either system is utilized is liable to pay for medical expenses associated with the dysfunction of their machine, if it can be proven that inadequate care was the cause of this dysfunction.

Assault

Assault is a common liability in public premises like bars, clubs, and arenas. Public venues are at fault for injuries caused by altercations on their grounds if they do not adequately address the risk of assault with the public. Commonly, courts rule public locations as hazardous if they lack security and have a history of past altercations. Establishments that fail to address the bodily risk associated with frequenting their premise are almost always at fault.

Numerous possibilities exist when considering modes of improper premise care and the injuries they cause. The injured individual must first understand what aspect of the location caused their accident to successfully navigate a premises liability claim. From here, they have grounds to claim that the property owner is responsible for their injuries and is therefore at-fault.

The post What Are the Most Common Premises Liability Claims? appeared first on GES Injury Attorneys .

What Should I Do Immediately Following Workplace Injury?

Thu, 09 May 2019 15:45:00 GMT

Workplace injury is characterized by any injurious incident that occurs within work hours in the work environment. This includes accidental slips and falls , machine-related injury, illness, and even injury sustained while traveling for a job.

Report the Injury

Immediately report the injury to your supervisor to retain all legal rights associated with workers’ compensation. Some states require this to be done in writing, but it is advised that all injured employees submit written proof of the incident for professional proceedings. The report should occur no more than thirty days after the injury. This step is mandatory to initiate the claims process.

Seek Medical Treatment

Medical verification of work-related injury or illness is required to receive workers’ compensation benefits. Federal employees can choose the doctors that perform the examinations according to the Federal Employee’s Compensation Act (FECA). This does not apply to all state employees, because they are governed by state law. Some states require employees to be seen by specified providers. This is not always ideal because company-provided doctors tend to interpret medical data in favor of the employer.

When reporting the injury to a medical provider, thoroughly explain the extent of the injury and its accompanying symptoms. The information given should apply only to the work-related injury, with no mention of previous medical issues. Straightforward answers are necessary, especially when working with the employer’s chosen practitioners.

Initiate a Claim

When you first report the injury to your employer, they initiate the claims process. In most cases, our employee gives you the claims forms immediately when you notify them of the incident. If they are not provided, contact your state’s Workers’ Compensation agency, and return the completed forms to your employer for submission. The insurance company typically provides a claim decision within two weeks of this. During this interim in the claims process, it is wise to obtain more information regarding your legal rights.

Review your states’ workers’ compensation laws after reporting the incident to your employer. Typically, employers are required to provide workers’ compensation so long as employer negligence is the proven cause of the injury or illness. Though this may sound daunting, only a few circumstances (ex. illicit drug use) hold sway in the determination being shifted to employee-caused.

Find a personal injury lawyer that will guide you through the claims process. Your lawyer ensures that all proof and paperwork are present. A professional lawyer will:

You should disclose all evidence you’ve obtained with your lawyer.

Lawyer Interaction

Provide all details about your case to your lawyer. Withholding details prevents the lawyer from having a clear picture of the case, which will prevent them from working effectively. In most cases, lawyers possess a wealth of information and advice about topics that may seem unimportant to the case. Even in uncomplicated cases, a lawyer provides a solid foundation that prevents accidental slips in the claims process by the injured employee. They allow the claimant to focus on recovery rather than the case.

A lawyer also helps their client after claim determination. The appeals process is a separate process from the original determination that requires an equal level of assistance from a professional workers’ compensation lawyer. Additional evidence can be provided via request for a court hearing with the Branch of Hearings and Review or through a written request for reconsideration. A lawyer will also help in the case of disruption, or early termination, of benefits.

Workplace injury requires immediate action. Properly follow through with the claims process with the aid of a lawyer and seek benefits while recovering from your injuries.

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What Are the Move Over Laws in Texas?

Mon, 06 May 2019 15:42:00 GMT

In all states, Move Over Laws are laws put in place to ensure the safe-keeping of emergency vehicles that are pulled over on the side of the road. Move Over Laws are crucial in decreasing the instance of car accidents that occur when passenger cars neglect to give the emergency vehicle an adequate amount of room.

The History of Texas’ Move Over Law

Texas established its own Move Over Law 15 years ago to address the volume of accidents that occurred involving passenger cars speeding into stalled emergency vehicles. A lot of these collisions, if not physically damaging to the passenger driver, turn into hit and run scenarios. One example of this danger occurred when a passenger car clipped a Texas State Trooper, who was located outside of his vehicle to pull over another driver. The speedy driver did not pull over to check the trooper’s safety – they continued to drive.

In 2013, Texas added to its Move Over Law, stating that drivers must slow down when Texas transportation workers, and their vehicles, are working on the side of the road. This addition requires drivers to treat transportation vehicles as emergency vehicles. It also clearly mentioned that the updated Move Over Law considers transportation workers themselves because they move around their work vehicles, as in the case with the state trooper mentioned above.

Texas’ Move Over Law

Texas’ Move Over Law requires passenger vehicles to move out of the lane that is closest to all emergency and work vehicles that are stalled on the side of the road, with their lights on. Vehicles covered under this law include: police cars, ambulance/emergency response vehicles, fire trucks, tow trucks, and Texas-state transportation vehicles. When approaching these vehicles, drivers must slow down to 20 mph below the speed limit and move into the nearest left-hand lane.

Penalties – Do They Work?

Those who do not obey Texas’ Move Over Law acquire a fine. A $500 fine applies to those who cause property damage while a court can fine up to $2000 in cases of injury.

Despite the fines and updated Move Over Laws, Texas still suffers from dangerous off-road collisions. Texas’ transportation department continually raises awareness about this safety issue, but many violations occur regularly. Since 2018, police have given over 32,000 warnings and citations to Move Over Law violators. Citations, which occur in non-accident situations when a vehicle simply doesn’t slow down or move over, cost the driver $200. Even with this deterrent, violations are a common occurrence.

Pulling Over as a Civilian

If you find it necessary to pull over on the side of the road, pull over as close to the right-side shoulder as possible. Remove your vehicle from immediate side-swiping territory and move as far away from the lane as possible. Do not try to exit the vehicle using the driver’s side door. Climb to the passenger’s side door and exit there. Give this instruction to all passengers inside of the vehicle to prevent unnecessary accidents. Once every passenger is safely out of the car, move out of the road, if possible, while waiting for an emergency vehicle. If moving out of the road is not an option, move away from the car and toward the shoulder. Maintain visibility while waiting.

Despite its efforts in preventing off-road collisions, Texas’ Move Over Laws do not guarantee pedestrian safety. Continual violations make it clear that simply updating this law is only one-half of a solution when Texas residents do not abide by it. One way to contribute to Texas’ transportation department’s efforts to raise awareness about these collisions is by adhering to the law yourself.

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What Is an Expert Witness and an Expert Report?

Thu, 18 Apr 2019 21:44:00 GMT

If you are filing a personal injury lawsuit in Texas civil court, you may wonder what types of evidence and testimony you will need to present a compelling case. Your attorney can put you in touch with numerous experts to help boost your claim’s validity. These experts can provide witness testimony on your behalf that will help prove your claim. In addition, these experts will produce reports to verify their claims.

Expert Witnesses in Texas Personal Injury Cases

Depending on the circumstances of your accident, your personal injury attorney may consult an expert witness to support your claim and testify at your trial. These witnesses have significant experience and training in their respective fields. You may need an expert witness for many reasons – verifying an instance of medical malpractice, testifying about tire blowout rates for a particular brand, or calculating your economic damages.

Your attorney will enlist the help of expert witnesses as he or she sees fit for your case. Your attorney may ask the following types of expert witnesses to provide testimony at your trial.

Rules for Expert Reports in Texas

Expert witnesses will also submit an expert report to the court and to the defense team regarding their findings in your case. This report will express their opinion about whatever your attorney asked them to study for your case, supported by facts and qualifications. Under United States federal law, your attorney will have to prove that the expert witness has the qualifications and credentials necessary to make him or her an expert in the field. Therefore, the expert report comes from a place of factual, reliable information.

Benefits of Expert Witnesses for Your Case

One of the greatest advantages of hiring a personal injury attorney to assist you with your lawsuit is access to expert witnesses and the resources to secure them for testimony. Expert witnesses can provide numerous benefits for the strength and credibility of your case.

Having expert witnesses and expert reports in your Houston personal injury lawsuit can make the difference between an unsuccessful and a successful case. However, you need an attorney with the resources necessary to put you in contact with these experts. Contact a Texas personal injury attorney as soon as possible to begin your litigation and consult with the experts you need.

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What Is Loss of Earnings in a Car Accident Case?

Tue, 16 Apr 2019 21:41:00 GMT

If you are in a car accident on Texas roads, you can emerge with a variety of injuries and losses. Depending on the severity of your crash, your damages can range from minor injuries and a few broken car parts to severe, debilitating injuries that will stay with you for the rest of your life. If you suffered injuries that impact your ability to work, you could claim loss of earnings in a car accident insurance claim or personal injury lawsuit.

Severe Injuries in Car Accidents and Lost Income

Car accidents can lead to severe injuries for many victims. These injuries can last for a very long time, even impacting you for the rest of your life. If you decide to file a lawsuit against the person responsible for causing your car accident, you can claim many forms of damages, such as compensation for past and future medical expenses and lost income. If your injuries prevent you from working for a period of time, you can recover the income you lost while you were healing.

However, if your accident leads to a permanent or long-lasting disability, you could be out of work for a very long time. Depending on your injury or your line of work, you may never return to your old profession. If you do try to seek employment, you may have to take a lower paying job. In all of these circumstances, you can claim compensation for your loss of earnings.

All types of injuries sustained in a car accident can lead to loss of earnings compensation, including physical and psychological injuries. Paralysis, quadriplegia, brain damage, spinal cord injuries, post-traumatic stress disorder, and severe and chronic pain are all common disabilities that can occur after a car accident and qualify you for loss of earnings compensation.

What Happens If You Have a Pre-Existing Injury?

To recover lost wages and lost earning capacity in a car accident lawsuit, the car accident must be the primary cause of the injuries that keep you from working. If you had a pre-existing injury that did not change because of the accident, you cannot claim compensation for that injury. However, if the car accident negatively impacts or aggravates your pre-existing condition to the point where you cannot work any longer, you can claim loss of earnings.

To qualify for loss of earnings, you need to prove that the accident aggravated your pre-existing injury and you can no longer work, or cannot work as well as you could before your injuries. In these circumstances you may be able to recover the full amount of your lost wages and earnings.

How to Prove Loss of Earnings in a Car Accident Case

When you suffer a severe, disabling injury in a car accident, you will need to prove that you lost wages and your earning capacity due to the injury. Proving wages is an easy process: all you have to do is submit your recent paystubs or invoices to prove what you would have earned if you did not suffer injuries in your car accident. In addition, you can claim lost tips and benefits with proper documentation.

Proving your loss of earnings is a more difficult process, since you cannot easily quantify how much you could have earned without your disability. You will need to analyze your job functions, the type and severity of your injuries, and your physical and mental capacity to perform your job. Consulting with a car accident attorney can help you establish your loss of earnings and provide an accurate calculation in your lawsuit.

If you suffered severe injuries that left you with a disability in your Texas car accident, you could claim additional damages to make up for your loss of earnings. You need a car accident attorney to advocate for your rights. If you have not already done so, contact an attorney as soon as possible following your accident to help you with your lawsuit or insurance claim.

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What Is a Downtime Claim?

Thu, 11 Apr 2019 21:36:00 GMT

If you are a truck driver for a large transportation company in Texas, you put yourself at risk for injury even when you are not on the clock. You may even use your own truck to perform work for your company. If you are in an accident when you are not working, but you are in your work truck, you may wonder how you can pay for these damages without employer coverage. However, you could make a downtime claim to recover compensation for your losses.

How to Calculate Your Damages for Your Texas Downtime Claim

When you get into an accident with the truck you use to perform your work, you can lose out on lost wages while you are waiting for your repairs. However, your Texas insurance company must compensate you for all of your lost profits during your repair time as long as you were not at fault for your accident.

To calculate your damages, you will first need to look at your gross income. You can choose any number of days to base your gross income on, as long as it is between 90 days to one year. Take your gross income and subtract all of your expenses from it, such as gas, tolls, and any required maintenance for your vehicle.

Divide this amount by the number of days that you chose to calculate your profit from, and you have your daily net income. Now, you have a figure to present the insurance company for your lost profits. This number will be your daily losses for each day that you cannot use your truck to work.

Proving Your Damages in Your Downtime Claim

After you have calculated your damages for your downtime claim, you will have to provide the insurance company with documentation to prove your claims. Make sure to file and keep track of the following documents for your downtime claim.

One major requirement for filing a downtime claim is that you must attempt to mitigate your damages. Simply put, mitigating your damages means that you must minimize your lost wages and profits while you were waiting for repairs for your truck. You must prove that you did not try to delay repairing or replacing your truck, and that replacing and repairing your truck was not possible for you while your truck was in the shop.

For example, say that you tried to contact a rental company to replace your truck after your accident. All of the trucks they had available were out of your budget range and you could not afford to rent one. You can provide documentation listing the prices of the rental trucks and a record of your communications with the rental company to prove that you tried to mitigate your damages.

Why You Need an Attorney for Your Downtime Claim

Receiving a downtime claim is not always an easy process. The insurance company may deny your claim or offer you a lower settlement than you need to recover from your lost profits. They may also claim that you did not do enough to mitigate your damages. In these situations, contact a Texas truckers’ attorney as soon as possible to assist you with this process.

Your attorney can provide numerous benefits to your claim, such as helping you collect the documentation you need to prove that you tried to mitigate your damages. Your lawyer can also help you calculate your profit loss using your documentation so you can provide an accurate number to the insurance company, minimizing your risk of claim rejection.

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What Are the Types and Degrees of Burn Injuries?

Tue, 09 Apr 2019 21:32:00 GMT

Burn injuries are some of the most devastating wounds we can suffer. When a fire strikes, we can suddenly find ourselves permanently disfigured and in severe pain – leading to a diminished quality of life and thousands of dollars in medical expenses. Medical professionals categorize burns into different types and degrees based on the extent and severity of the wounds.

The Different Types of Burn Injuries

Many different accidents can lead to burn injuries. The types of burns you can sustain from these accidents can be very different from each other, coming with their own set of symptoms and treatment options.

First, Second, Third, and Fourth-Degree Burns

When you visit a doctor for your burn injuries, he or she will classify your burn into one of four degrees. These degrees range in severity, with first-degree burns being the mildest and fourth-degree burns being the most severe, life-threatening, and rare. Your symptoms and doctor’s observations will lead to your burn diagnosis in the following four categories.

How to Treat Burn Injuries

Seeking treatment for your burn injuries will depend on the type of burn you sustain. If you have a first-degree burn, you can treat it with skin ointments and pain medication. For second-degree burns, you will need to visit a doctor and receive a special antibiotic cream or ointment to treat your injuries.

Third- and fourth-degree burn treatment will require extensive medical care and surgeries. You may need to undergo skin grafting. If your burns cover large parts of your body, you may need to seek intensive treatments to prevent infection and dehydration.

If you suffered burn injuries in an accident that was not your fault, you can claim compensation for your damages through a personal injury lawsuit or insurance claim. Contact a Texas burn injury attorney as soon as possible to discuss your legal options and begin your proceedings for compensatory damages.

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How Do I Pay for a Funeral Following a Wrongful Death?

Thu, 04 Apr 2019 21:28:00 GMT

Losing a loved one is one of the most difficult experiences we can go through, and his or her death can be even more challenging if it was unexpected and avoidable. You could face thousands of dollars in burial and funeral costs that you did not prepare for. If someone else’s negligence led to your loved one’s death, you could claim compensation for his or her funeral expenses through a wrongful death lawsuit.

How Much Do Funerals Cost?

Funerals are not inexpensive, especially when you are not prepared to hold a funeral for your loved one. According to the National Funeral Directors Association , the average cost of an adult funeral in 2017 was $8,755. These costs included the funeral ceremony, a viewing, and a burial. The main expenses in the average funeral include the cost of the casket, the funeral staff, and the hearse responsible for transporting your loved one.

While this figure is an average of the adult funerals across the United States, it does not reflect all the costs you may have to pay to hold a funeral. You may have to pay for many add-ons to pay your final respects, such as purchasing a grave plot and labor costs for the funeral. These costs can add another $3,000 on top of what you already have to pay for your loved one.

Filing a Wrongful Death Claim in Texas

If your loved one died as a result of an accident caused by someone else’s negligence, you can file a wrongful death claim on his or her behalf to seek compensatory damages. In the state of Texas, the surviving spouse, children, parents, or personal representative of the deceased can file a wrongful death claim in Texas civil court.

You have two years from the date of your loved one’s death to file a wrongful death claim. You can recover many compensatory damages related to your family’s losses and the losses of the deceased’s estate as a result of the death. These damages may include final medical expenses, lost earning capacity, mental and emotional anguish – and reasonable funeral and burial expenses.

What Funeral Expenses Can You Recover in Wrongful Death Claims?

In a Texas wrongful death claim, you and your family can claim compensation for the funeral and burial expenses associated with your loved one’s death. You may not receive these funds until years after you hold the funeral, so they are more of a reimbursement than up-front payments. You can claim compensation for the following funeral expenses in a Texas wrongful death claim.

How to Prove a Wrongful Death Claim in Texas

In order to successfully obtain compensation for your loved one’s funeral and burial expenses, you and your wrongful death attorney will have to successfully establish negligence in your lawsuit. To do so, you and your attorney will have to prove four conditions in Texas civil court.

If you lost a loved one in an accident caused by someone else’s negligence, you can claim compensation for your and your family’s losses and your loved one’s burial expenses through a wrongful death lawsuit. Contact a Texas wrongful death attorney as soon as possible to begin the claims process.

The post How Do I Pay for a Funeral Following a Wrongful Death? appeared first on GES Injury Attorneys .

What Are the Deadliest Jobs in Texas?

Tue, 02 Apr 2019 21:21:00 GMT

In Texas, people work thousands of different professions to make a living. Certain jobs involve higher risks of serious injury, leading to devastating consequences and even death to the employees who perform them.

Installation, Repair, and Maintenance Operators

Workers involved in installation, repair, and maintenance operations are at a much greater risk of suffering serious and life-threatening injuries than many other occupations in the state. According to the Texas Department of Insurance, 44 employees who worked in this industry died due to workplace-related injuries. Because of the nature of this work, the likelihood of injuries suffered on the job turning deadly is very high – from heavy machinery to electrocution and burns, this industry can be very dangerous.

Construction Workers

Construction work is dangerous across the country. In Texas, construction is an especially deadly trade – in 2012, 82 construction workers died due to fatal injuries in construction accidents. Falls from scaffolding, malfunctioning machinery, and a disregard for applicable safety regulations for employees can all lead to fatal construction accidents.

Trash Collectors

One of the more surprising occupations that suffer from high rates of workplace death is trash collection. People who collect trash and recyclables from Texas homes each week are at a high risk of death because of the amount of time they spend in large vehicles on the road and the hazardous materials they come in contact with every day. In addition, trash collectors have to work with heavy machinery that could malfunction or lead to serious injuries.

Roofing Employees

Working up high can come with serious injuries, and roofing employees in Texas often pay the price in this line of work. One of the most dangerous jobs in the state is a roofer because of the high number of falls that occur on the job. Many fatal roofing accidents occur in Texas each year.

Tractor-Trailer Drivers

The Texas Department of Insurance stated that in 2012, the deadliest occupation in the state of Texas was tractor-trailer truck driving. In 2012, 121 truck drivers lost their lives while on the job in Texas, increasing 57% from the deaths that occurred in 2011. Car accidents alone are a very common occurrence, and truck drivers must encounter these hazards while they are driving. Because of the sheer weight and size of these trucks – often totaling 80,000 pounds including freight – any accidents on the road can lead to devastating consequences.

Steel Workers

Another construction industry profession that has a high rate of workplace-related deaths is steel working. When it comes to workplace injuries and accidents, steel workers are especially vulnerable due to the dangerous materials and heavy machinery they have to work with every day. Fatality rates for steel workers are high across the United States – approximately 37 steel workers out of every 1,000 die from workplace accidents every year.

Oil, Drilling, and Gas Employees

One of Texas’s biggest and most famous industries is our oil and gas industry – and this comes at a price to the safety of oil and gas workers. Approximately 39 workers in the Texas oil industry die from workplace accidents every single year, according to the Occupational Safety and Health Administration. Not only does the nature of the work lead to high rates of death, the environment plays a role as well – most oil fields are in remote areas, far away from emergency services and medical help.

If you suffered a serious injury on the job in Texas or lost a loved one due to a workplace accident, you could claim compensation for your medical expenses, lost wages, emotional damages, and more. Contact a Texas employee injury attorney as soon as possible to discuss your workers’ compensation claim or personal injury lawsuit.

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Where Do Slip & Fall Accidents Commonly Happen?

Tue, 26 Mar 2019 22:23:00 GMT

Slip and fall accidents may not sound serious at first, but in reality these incidents often lead to severe injuries. If you own private or commercial property, you must understand your responsibilities when it comes to furnishing lawful visitors with a safe environment. Similarly, it is wise to know the most common places slip and fall accidents occur to limit your risk of serious damages.

Workplace Slip and Fall Accidents

The National Floor Safety Institute (NFSI) reports that slip and fall accidents are the leading cause of workers’ compensation claims and missed days from work. Slip and fall accidents are especially dangerous for older adults, and they are the leading cause of occupational injuries for people over the age of 55.

If you or a loved one suffered an injury at work from a slip and fall accident, you may have the option to pursue a workers’ compensation claim for medical expense coverage and weekly benefits until you recover enough to return to work. However, workers’ compensation may not be an option through some employers, and even if you secure workers’ compensation benefits, they may not be enough to cover the cost of your damages.

When a workers’ compensation claim does not offer enough to fully cover your injuries, or if an employer’s egregious negligence or intentional tort caused a slip and fall at work, the employer could face liability if the victim pursues a personal injury claim. Employers may also face fines and other legal penalties from oversight bodies if they fail to prevent foreseeable injury risks or fix known safety issues.

Commercial Property Slip and Fall Accidents

Another common place for slip and fall accidents to occur is commercial property. Business owners must ensure they prevent slip and fall injuries whenever there is a foreseeable risk of such injuries. For example, if a heavy snowstorm hits, a business owner must refer to state and local laws to determine how and when to clear away the ice and snow. The owner should also place wet floor signs inside the entryway to warn customers of slippery floors due to people tracking in snow and ice.

A business owner could easily face liability for a slip and fall accident if the owner failed to take reasonable steps to prevent such injuries. Even if snow and ice is not a factor, the owner should ensure employees mark wet floors after mopping or cleaning up spills.

Private Premises Liability Lawsuits

Slip and fall injuries often occur on private property. The NFSI report that about half of all accidental deaths that occur in the home are falls, and many of these incidents may occur due to personal negligence. Every individual must use appropriate caution when performing household chores or anything else that may entail a slip and fall risk. Private property owners also owe a duty of care to lawful visitors on their properties and must take reasonable precautions against injuries.

One important thing to remember about commercial and private premises liability claims is that property owners do not owe any duty of care to trespassers. Anyone who illegally enters a property cannot sue the owner for damages if he or she suffers a slip and fall injury.

Slip and Fall on Public Property

If you or a loved one suffered injuries from a slip and fall on a publicly-owned property or in a government facility, the government entity responsible for the location would likely absorb liability for the resulting damages. However, filing a civil claim against a government body is difficult and entails some special considerations such as limited time to file a claim and restrictions on certain types of damages. Some government entities have immunity from civil claims, so navigating these issues is especially difficult.

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Who Pays If the Smoke Detectors Don’t Work?

Tue, 19 Mar 2019 22:21:00 GMT

Smoke detectors are an essential security feature of any residential building. Homeowners must check their smoke detectors regularly and replace them about once every ten years. This helps ensure they remain in proper working condition, but tenants in rental properties may need to rely on their landlords to ensure their smoke detectors stay operational. If a smoke detector fails and anyone suffers injuries and/or economic damages from a preventable fire, the party responsible for the smoke detector is liable.

Landlord Premises Liability

Most rental agreements cover liability for smoke detectors. Generally, a landlord will arrange for regular inspections of tenant residences and require tenants to test their smoke detectors monthly and replace batteries as needed. It is usually the landlord’s responsibility to handle smoke detector replacement if a device has reached the end of its lifespan. The landlord will check each smoke detector during routine inspections and replace them as needed. If a smoke detector fails to alert a resident to a fire and the resident suffers injuries and other damages, the landlord will likely face liability for the resulting damages. However, in some situations tenants could be liable as well.

If a tenant tampered with a smoke detector or failed to replace the batteries as required, the tenant may face liability for his or her damages. It is essential for all rental tenants to carefully review their rental agreements so they know their exact responsibilities and potential liabilities for any incidents involving a broken smoke detector.

Potential for Product Liability Claims

It is also possible for a smoke detector to have a defect. If a manufacturer released a defective smoke detector, the manufacturer would bear liability for any damages resulting from these devices’ failure.

A plaintiff with a product liability claim does not necessarily need to prove the manufacturer was negligent, only that the product in question is defective and the sole cause of the plaintiff’s damages. Products can be defective in three main ways.

Success with a product liability claim hinges on the plaintiff’s attorney’s ability to prove the device in question is defective in at least one of these three possible ways, and the plaintiff’s attorney must also prove the full extent of the plaintiff’s damages.

Navigating Your Smoke Detector Lawsuit

If you or a loved one suffered injuries and/or economic damages due to a faulty smoke detector, the first step is to identify the cause of the defect and the party responsible for maintaining the device. If you own your own home and you failed to check your smoke detectors as required, you will likely absorb liability for the resulting damages. If you rent and your landlord failed to check smoke detectors as required or failed to replace outdated smoke detectors, the landlord will likely be liable.

A personal injury attorney is a fantastic resource for anyone thinking about a lawsuit for a broken smoke detector. Find an attorney with experience in personal injury, premises liability, and product liability law so you know he or she can handle the potential variables in your claim. If another party is liable for your damages, you could secure compensation for medical expenses, property damage, pain and suffering, and more.

The post Who Pays If the Smoke Detectors Don’t Work? appeared first on GES Injury Attorneys .

Who Is at Fault in a Jaywalking Pedestrian Accident?

Thu, 14 Mar 2019 22:18:00 GMT

In any accident involving a pedestrian and a motor vehicle , the pedestrian will likely suffer the worst damages. Drivers have a duty of care to always yield the right-of-way to pedestrians, even if they cross the street illegally, due to the high chance of a pedestrian suffering injuries from a car striking him or her. This technically applies to jaywalking, or a pedestrian crossing the street outside of a crosswalk. However, the jaywalking pedestrian will likely bear some fault for the accident, potentially jeopardizing his or her ability to seek legal recovery.

Comparative Negligence in Jaywalking Accident Cases

Most states in the U.S. uphold comparative negligence laws, meaning a plaintiff could potentially bear partial liability for his or her injuries if he or she was in any way negligent and contributed to those injuries. In most states that follow modified comparative negligence laws like Texas, a plaintiff can still seek recovery through a personal injury lawsuit if his or her fault does not exceed that of the defendant. In states like California that follow pure comparative negligence laws, a plaintiff’s fault does not bar recovery at all, but the plaintiff loses a portion of the case award equal to his or her fault percentage.

For example, a personal injury claim in Texas for $100,000 in total damages leads to a trial, and the jury finds the plaintiff 10% at fault. This is below the defendant’s fault percentage, so the plaintiff can still claim compensation, but the plaintiff loses 10% of the case award to reflect his or her fault. This results in a net of $90,000 in damages instead.

In another example, a personal injury claim in California for $100,000 in total damages leads to a trial, but this plaintiff is 80% at fault for the accident. The plaintiff can still technically claim the remaining $20,000 in damages under the state’s pure comparative negligence statute, but this high fault percentage could leave the plaintiff open to a counter-claim from the defendant.

In a jaywalking accident, it is very likely the jaywalking pedestrian will bear some fault in the subsequent lawsuit. Depending on state law and the severity of the comparative negligence, the jaywalking pedestrian may not qualify for as much compensation as he or she originally expected.

Determining Fault and Collecting Compensation

Any ambiguity when it comes to fault for a jaywalking accident will lead to an investigation. Both sides of the lawsuit will investigate, look for available evidence like traffic camera or dash cam data, and consult with relevant experts if necessary. For example, a plaintiff may require expert witness testimony to accurately convey the full extent of his or her pain and suffering to the jury in a case, ensuring he or she receives appropriate compensation.

Traffic camera data or data from the vehicle’s computer could reveal the driver was speeding at the time, further diminishing the jaywalker’s level of fault for the accident. It is also possible for the investigation to reveal other evidence, such as the pedestrian entering the road between parked vehicles, making it impossible for the driver to stop in time to avoid hitting the pedestrian.

Ultimately, a driver has the higher duty of care on the road when it comes to avoiding accidents, but pedestrians must also exercise care and refrain from crossing the street illegally. Although jaywalking may at first seem to be a minor or even silly offense, the reality is that jaywalking laws exist to protect pedestrians. Ensuring a proper flow of both vehicle traffic and foot traffic helps prevent injuries, so anyone who jaywalks does so at his or her own risk.

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When Is an Injury Serious Enough to Hire a Lawyer?

Tue, 12 Mar 2019 22:15:00 GMT

If another party causes a personal injury to you or a loved one, you may wonder whether you have grounds for a lawsuit against them. When you sustain injuries and economic damages due to the actions of another party, there is no reason you should have to bear the resulting costs. A personal injury claim is generally the best option for financial recovery in these situations, but some injured people may wonder whether it is worth the trouble to take legal action if they only sustained minor injuries.

Fully Assess Your Damages

Some injuries seem mild at first only for them to lead to secondary medical complications or worsen over time. It is also possible for a person to suffer injuries in an accident that do not cause immediate pain or noticeable symptoms. In these situations, it can take several days or even weeks before the victim realizes something is wrong.

It is crucial to seek medical treatment immediately after any accident. Your physician can assess your injuries and check for signs of underlying issues that may not be immediately noticeable. If you are considering taking legal action in any way after a personal injury, the medical report from your physician will be essential in your lawsuit for recovery.

Weigh the Cost of Your Lawsuit Against the Potential Recovery

Your injuries may only be mild, but the other damages resulting from a personal injury could be substantially more, leading to significant economic losses. Some people assume that the cost of legal representation is too high to warrant legal action for relatively small claims. Many personal injury attorneys offer contingency fee billing to provide legal representation to those who need it regardless of their ability to pay. With a contingency fee, the attorney only collects legal fees if he or she wins the case for the client, and those fees are a percentage of the client’s settlement or case award.

Consider taking advantage of a free consultation offer with a local personal injury attorney if you are unsure whether you should bother pursuing a lawsuit. The attorney will review the details of your claim and assess your damages, potentially revealing other avenues of compensation you may not have yet considered. Once the attorney has a firm understanding of your situation, he or she will advise you as to whether it would be in your best interests to take legal action. If the cost of pursuing your lawsuit would be too high or your damages are minimal, the attorney may recommend an alternative route to recovery.

Damages and Compensation for Personal Injury Claims

If your attorney recommends a lawsuit, he or she may know of types of compensation you had not considered. Several types of damages are available in a typical personal injury claim.

Ultimately, the total cost of your damages and the potential value of your lawsuit are the most important factors in deciding whether to take legal action for a personal injury. It is essential to seek medical care after any personal injury caused by another party’s negligence, even if it only seems mild at first. Your physician can help you understand the full extent of your injuries, and you may qualify for more compensation than you initially expected.

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What to Do When a Truck’s Cargo Caused an Accident

Thu, 07 Mar 2019 22:11:00 GMT

Commercial trucks and other large vehicles are an integral part of the United States economy, shipping billions of tons of cargo each year across the country. When a truck accident happens, the size and weight of these vehicles can mean devastating damages for those involved. A fully-loaded commercial truck can weigh up to 80,000 pounds and stand 14 feet above street level, towering over most passenger vehicles.

Accidents Caused by Cargo

While driver inattention, aggressive driving, mechanical failures, and road damage can all potentially cause truck accidents, a truck’s cargo can also lead to a serious accident if the party responsible for loading it failed to do so safely. Commercial trucks sit higher above the surface of the road than smaller vehicles, meaning they have higher centers of gravity and are more susceptible to balance issues.

A trucking company or distributor responsible for loading a commercial vehicle must ensure the vehicle’s load is balanced. Any weight differences on the two sides of the truck can easily lead to a tip-over or rollover around a sharp curve at even moderate speed. Some types of cargo require special security devices or specific types of trailers.

These are just a few examples of commercial truck cargo types that require specialized attention when it comes to loading a truck safely. If a truck’s cargo causes a trucking accident, anyone injured as a result would need to file a personal injury claim against the party responsible for loading the cargo.

Pursuing a Lawsuit for Improperly Loaded Cargo

If you or a loved one suffered an injury in a trucking accident caused by improperly loaded cargo, one or more parties could potentially face liability for the resulting damages. Any entity in the supply chain could be liable for damages resulting from an accident if those entities were at all negligent in the handling of the vehicle’s cargo.

For example, a trucking company sends a driver to complete a delivery of construction equipment. The truck driver goes to the pickup site and the distributor loads the truck with the equipment but neglects to properly secure the cargo. The truck’s load is imbalanced, and as the truck rounds a curve it tips over, crashing into another driver and causing severe damages.

In this example, the distributor that failed to properly load the cargo would likely face the bulk of the liability for the accident. However, if the investigation uncovers that the driver was speeding around the curve or otherwise contributed to the accident, the driver and/or the trucking company could also face liability for the resulting damages. In states that follow comparative negligence laws, all negligent parties receive fault percentages based on their levels of fault for a given accident. In this example, the distributor could face 70% of the liability while the driver and/or trucking company absorbs the remaining 30%.

First Steps After a Truck Accident

Determining liability for a trucking accident is crucial for anyone who expects to take legal action following such an accident. If you are in a truck accident and only sustain minor injuries and feel well enough to move, contact the police, check on those involved in the accident, and document as much as possible.

Take photos of the accident scene, the vehicles involved in the crash, your injuries, and anything else that seems important about the accident site; once the police arrive and check on everyone, they will start clearing it, potentially destroying valuable evidence. Once you seek medical treatment for your injuries, contact a personal injury attorney to help you determine your best options for recovery.

The post What to Do When a Truck’s Cargo Caused an Accident appeared first on GES Injury Attorneys .

What to Do After Bicycle Brakes Failed

Tue, 05 Mar 2019 22:06:00 GMT

When a bicycle accident happens, anyone injured must ascertain the cause of the accident to determine the available options for recovery. If another party caused a bicycle accident through negligence, the injured party would have grounds for a personal injury claim against that party. However, what happens if a bicycle’s brake failure is the cause of an accident and the victim’s injuries?

Personal Injury Versus Product Liability for Recovery

A personal injury lawsuit can help the victim of another party’s negligence recover the damages resulting from that negligence. For example, if a bicycle riding in the bike lane had the right-of-way to continue through an intersection but another driver from the opposite direction runs a red light into traffic and hits the bicyclist, this is negligence, and the driver would be liable for the resulting damages.

In the event a brake failure causes or contributes to a bicycle accident, the manufacturer of the defective device bears liability for the resulting damages. In some cases, an injured person in this situation may have grounds for both types of claim. For example, if a negligent party caused an accident with the bicyclist but the bicyclist could have potentially avoided the accident with working brakes, both the negligent party and the bike’s manufacturer would face liability for the victim’s damages.

Determining Legal Options After a Bike Brake Failure

If you or a loved one sustained injury in a bicycle accident that would have been avoidable with functional brakes, the most likely route to recovery would entail a product liability claim against the manufacturer. An attorney can advise you on how to have the cause of your accident confirmed. For example, a safety expert or forensic examiner may be able to deduce the mechanical failure in your bike that caused your accident.

The standard of proof in a product liability claim is relatively lenient; the claimant must simply prove the device in question is defective and responsible for the claimant’s damages. Proving negligence is not always necessary in a product liability claim, and some cases may compel a manufacturer to prove it was not negligent in the design, production, and/or sale of the product in question.

In the event negligence plays any role in a bike brake failure accident, the injured party must prove the negligent party owed a duty of care but violated that duty in some way, such as by running a red light or by driving while distracted. If both a negligent party and a product manufacturer bear liability for a bike brake failure accident, the jury hearing the case will assign each party a fault percentage based on their levels of liability. If the plaintiff was at all negligent in any way that contributed to the accident, the plaintiff could lose a portion of his or her case award in states that follow comparative negligence laws.

Proving a Product Liability Claim

Ultimately, any bike accident resulting from faulty brakes will likely lead to a product liability claim against the manufacturer. The plaintiff will need to prove the bicycle or the brakes were defective in one of three ways: design, production, or marketing. Defective design refers to an inherent flaw in the design of the product, while a production flaw involves some fault in the manufacture and/or assembly of the product. Defective marketing refers to an issue with the required safety markings, failure to include adequate instructions for use, or misrepresentations of a product in advertisements.

Any bicycle accident can cause severe injuries and substantial economic damages. Anyone in such a situation needs to work quickly to secure the compensation needed for recovery. A personal injury attorney is a fantastic resource for anyone considering a product liability claim for a bike brake failure accident. An attorney can help an injured client assess the extent of his or her damages and review the details of the accident to help determine the best legal options for the client.

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What Is Post-Traumatic Arthritis?

Mon, 25 Feb 2019 18:16:00 GMT

A physical injury can involve a long and difficult road to recovery. Even after the visible wounds heal, victims of negligence may suffer from long-term consequences. A common complication from a physical injury is a condition called post-traumatic arthritis, a painful medical condition that can seriously affect a person’s life quality.

Arthritis refers to the inflammation of any joint. A common cause of arthritis is a condition called osteoarthritis, which is what occurs when the surface cartilage surrounding a joint wears out. Post-traumatic arthritis is a form of osteoarthritis and it arises from a physical injury to the joint.

Post-traumatic arthritis is unfortunately common. According to the Cleveland Clinic, it affects around 5.6 million people in the United States and accounts for around 12% of all osteoarthritis affecting the hips, knees, and ankles.

Causes of Post Traumatic Arthritis

When a physical injury occurs in a joint, it is more likely to experience osteoarthritis. Falls, motor vehicle accidents, and other forms of physical trauma can change the mechanics of the joint and cause it to wear out more quickly. The process of osteoarthritis may accelerate if an injury does not heal properly or a person does not undergo appropriate therapy following the injury.

Symptoms of Post Traumatic Arthritis

A person with post-traumatic arthritis may experience several uncomfortable symptoms.

A physician may be able to diagnose post-traumatic arthritis based on a detailed history and physical exam. He or she may ask questions about when it bothers you, what makes it worse, and when it feels better. He or she may also order diagnostic tests such as an x-ray or CT scan, as well as laboratory bloodwork to eliminate other possibilities.

Treatment of Post Traumatic Arthritis

The treatment plan for post-traumatic arthritis varies based on the individual and how the injury affects his or her quality of life. Conservative treatments include maintaining a healthy weight and engaging in low-impact exercise to strengthen the muscles that surround the joint. Use of non-steroidal anti-inflammatory medications (NSAIDs) such as Advil may be helpful in controlling pain. Other treatment options include cortisone injections to control inflammation or the introduction of Hylamers to act as artificial joint fluid.

When post-traumatic arthritis progresses to the point that conservative measures do not adequately address the pain, then surgical intervention may become necessary. Possible surgical options include debriding, reconstructing, or replacing the surfaces of the joint. As a progressive disease, most people can expect post-traumatic arthritis to become worse as time goes on.

Unfortunately, the treatment of post-traumatic arthritis can also have risks and side effects. Prolonged use of NSAIDs, for example, can cause stomach problems as well as irritation of the liver and kidneys. Cortisone injections can elevate the heart rate and might not be appropriate for some patients. Surgical interventions often bring the most relief, but come with risks of infection or damage to the surrounding areas of the body. Anyone who suffers from post-traumatic arthritis should consider the risks and benefits of each treatment carefully.

Post-traumatic arthritis can seriously diminish a person’s quality of life and treatment can be expensive. A personal injury claim should consider the long-term consequences of the accident as well as the cost of any surgical intervention. A person who suffers from post-traumatic arthritis arising from an accident may be able to collect compensation from the economic and noneconomic damages it causes. An attorney can help determine the extent of the damages and demand fair compensation from the parties proximally responsible.

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Making a Claim for Work-Related Stress Injury

Mon, 18 Feb 2019 18:05:00 GMT

We often think of work-related injuries as being physical, but workplace injuries can also take an emotional toll. If you experience stress as the direct consequence of your job, can you file a worker’s compensation claim and collect benefits as a result? No one size-fits-all answer exists, but some basic principles may form the grounds for a viable worker’s compensation claim.

How Does Worker’s Compensation Work?

The worker’s compensation system is a no-fault one that provides benefits in exchange for injuries that a worker incurs throughout the course of performing work duties. As a no-fault system, a worker does not have to prove that an employer is at fault in order to collect benefits. In exchange, the employer cannot be personally liable for any damages the worker incurs.

Under a worker’s compensation insurance policy, workers can collect a portion of their average earnings, medical care, and disability benefits, if applicable. In order to be eligible for these benefits, you must make an incident report in a timely manner and start the claims process.

Filing a claim is not a guarantee of benefits. When filing a claim for something like work-related stress, some workers may face an uphill battle. A worker’s compensation attorney can help facilitate the claims process and improve the chances of an approval.

Stress-Related Injury Claims

In the digital age, more workers experience more stress than ever. It can be difficult to get away from the work environment with constant access to phones and work emails. As a result, more workers report mental health effects such as stress, anxiety, and even depression.

Emotional injuries are more difficult to prove and it may be harder to receive worker’s compensation benefits from them. However, in some cases it may be possible, particularly when a worker has a diagnosed psychiatric condition.

In order to collect worker’s compensation benefits for an emotional injury, a worker must be able to show that a psychiatric illness or injury prevents them from completing their work duties and that the work environment either caused or exacerbated it. Stress itself is not a condition listed in the Diagnostic Statistical Manual of Psychiatric Disorders (DSM-5), so a worker cannot collect benefits on stress alone. However, stress can exacerbate certain conditions such as major depression, generalized anxiety disorder, and bipolar disorder. In some cases, a work-related physical injury can lead to the diagnosis of a psychiatric injury such as Post Traumatic Stress Disorder.

When stress on the job causes or worsens a psychiatric illness, then a worker may conceivably collect worker’s compensation benefits. However, due to the subjective nature of these claims, it is essential to have help from a worker’s compensation attorney.

Claims Using Personal Injury Laws

Texas is the only state in the nation that does not require employers to carry worker’s compensation insurance, though most do. If your employer does not offer worker’s compensation benefits and you experience psychiatric injury directly arising from your work duties, you may be able to file a claim outside of the worker’s compensation system. A personal injury claim requires that your attorney establish an employer’s negligence as the proximal cause of your injury. If you succeed, you may be able to collect compensation for medical bills, lost income, and intangible losses such as loss in life quality.

Making a claim for a stress-related injury, whether through the worker’s compensation system or civil justice system, can be difficult. Guidance from an attorney is essential; as he or she can review your legal options and help you pursue the course that is most likely to lead to compensation for your injuries.

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Can You Reopen a Personal Injury Case?

Wed, 13 Feb 2019 18:02:00 GMT

An injury can take a serious toll on a person’s financial, physical, and emotional well-being. Aside from monetary damages, a victim of negligence may suffer from lingering physical pain, loss in life quality, and mental anguish. A personal injury claim can help compensate for the tangible and intangible losses a person suffers in light of an accident. Some people, however, sick of negotiating with insurance companies themselves, may give up on pursuing a case. Can you reopen one with the help on an attorney and gain compensation for your injuries, pain, and suffering?

Receiving a Settlement

The nature of reopening a case will largely depend on whether or not you accepted a settlement. If you and the defendant agreed upon an amount for your injuries, pain, and suffering, and you accepted it, the case is closed. You likely signed a form that released the defendant from further liability regarding the matter in exchange for the settlement. Most insurance companies will not issue a check until they see the release and assure that you will not come forward with any more claims arising from the accident or injury.

If you did not sign a release, you may have agreed in person not to pursue any further legal action in exchange for the settlement. In general, if you accepted any kind of settlement and money exchanged hands, you will not be able to reopen a personal injury claim. However, exceptions always exist and it is a good idea to schedule a free consultation with an attorney if you are unsure.

Claims against Multiple Parties

Even if you pursued and received a claim against one defendant, multiple parties may share liability for your injuries. If, for example, you were involved in a car accident involving multiple vehicles, you may have grounds for additional claims against the drivers of other vehicles. Alternatively, maybe your car crash arose from an unsafe road condition and grounds for a claim against the government exists. In either case, another party might be partially responsible for your injuries, financial damages, and emotional turmoil.

You may be able to bring additional claims against other parties, even if you settled a claim with one person responsible. Your ability to reopen a personal injury case in this sense will depend on the agreement you signed when you settled the claim with the first party. In some cases, a release of liability agreement involves claims against other parties arising from the same accident.

If you sustained injuries in an accident and your settlement amount did not accurately reflect the amount of financial hardship, physical pain, and emotional suffering you experienced, contact a personal injury law firm to determine your other legal options. Pursuing further compensation or reopening a personal injury case is not always an easy road, but it can be possible in some cases. The best way to determine if it is possible is to schedule a free initial consultation with an attorney who can complete an in-depth review of your legal options.

When to Talk to an Attorney

Once an insurance company closes a case, for example, through as settlement – it is typically hard to reopen. As such, it is essential to make sure that you receive fair compensation for your injuries, pain, and suffering from the start. Victims of negligence often ask if they can reopen a case because the settlement amount they received did not adequately cover their medical bills, lost income, and other losses. In some cases, they may even require additional surgeries or medical procedures arising from an injury that their settlement did not cover.

Unfortunately, it is more common to be unable to reopen a personal injury case than it is to pursue further compensation. Although you may be able to pursue a claim against additional parties in some cases, once you accept a settlement from one party, you lose the right to pursue additional compensation from them.

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Do You Need A Personal Injury Endorsement On Your Homeowners’ Insurance Policy?

Mon, 11 Feb 2019 18:00:00 GMT

It can be difficult to determine how much homeowner’s insurance coverage you need, especially when there are so many different types available. You may think you have everything you need to protect your assets, then something other possibility comes along that could jeopardize your hard work. In reality, your children’s own actions could cost you money in the form of a personal injury suit . Something as simple as online slander, if it occurs on your home computer or wifi network could make you liable for damages. A personal injury endorsement on a homeowner’s insurance policy can provide additional coverage that insulates you from seemingly innocuous incidents that may arise.

What Is a Personal Injury Endorsement?

Most people assume that a standard homeowner’s insurance policy prepares for any contingency that may arise, but this is not necessarily the case. A homeowner’s insurance policy may provide protection for bodily injury and property damages that do not arise from business purposes, but it does not provide protection from personal injury matters. For example, you current homeowner’s insurance policy likely does not provide coverage for wrongful entry or eviction, slander, defamation, defamation, and more. When you add a personal injury endorsement to your homeowner’s insurance coverage, you may receive coverage for additional damages arising from these types of actions.

What Does a Personal Injury Endorsement Cover?

A typical homeowner’s insurance claim will cover someone’s injuries up to a certain policy amount. For example, if you have $200,000 in coverage for liability coverage, you can use this to pay for damages when someone incurs an injury on your property. You will only have coverage up to this amount, unless you have an umbrella provision on your policy.

Homeowner’s insurance claims that involve a personal injury can get expensive quickly. If someone sustains a serious injury on your property, he or she could conceivable sustain hundreds of thousands of dollars in damages.

A personal injury endorsement effectively kicks in where a homeowner’s insurance policy leaves off. It helps assure that you will not financially be on the hook for any damages that someone incurs on your property – as long as those damages are within policy limits.

Unless otherwise specified, a third party liability limit for a homeowner’s insurance claim is around $100,000. In the event that someone incurs a serious injury on your property, he or she will seek compensation from the homeowner’s policy first, and the personal injury endorsement second. The personal injury endorsement can help provide compensation for medical bills, lost income, and the cost of appointing a lawyer to defend the claim, if necessary.

In many cases, an insurance claim from a personal injury incurred on private property settles for less than the policy limit. However, in some cases, it is a good idea to have an additional personal injury endorsement for protection. People who have swimming pools or other architectural features that could be potentially dangerous could benefit from these policies.

In general, it can be beneficial to have more coverage, even if it raises your insurance premiums. A personal injury endorsement on your insurance policy helps insulate you from risk and provide valuable peace of mind. The coverage amount and rate can vary exponentially due to various factors such as the cost of your home, your willingness to pay, and more.

Is a Personal Injury Endorsement Necessary?

A personal injury endorsement can help pay for additional damages that a person incurs on your property, above and beyond your liability limit. It can be helpful in the event someone sustains a serious injury or other damages, but it is not a requirement. If you have the budget for it, a homeowner’s endorsement can help effectively insulate your personal assets from risk.

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Is a Personal Injury Settlement Community Property?

Wed, 06 Feb 2019 17:55:00 GMT

A personal injury settlement can help a victim of negligence obtain valuable compensation for medical bills, lost income, intangible losses, and more. A divorce that occurs following a personal injury settlement can complicate matters, as couples divorcing in the state must follow community property laws regarding the allocation of assets. Do personal injury settlements count toward the division of assets upon the dissolution of marriage?

What is Community Property?

Texas is one of just nine community property states in the United States. Community property are the assets, property, and debts that a couple holds together. Generally, each spouse has a 50% share of all community property acquired throughout a marriage. Property that a spouse receives before a marriage is still separate. Community property can include many different types of assets.

At the same time, not all assets are community property when a couple seeks to divorce. For example, a gift that one spouse receives is the sole property of that spouse. Money and inheritance can be spate assets, as long as they go into a separate account.

When separate martial assets go into a joint account, a process called transmutation occurs. As soon as separate assets become joint through transmutation, they may be community property and subject to 50/50 division.

Is a Personal Injury Settlement Community Property?

Unique rules exist for the division of property when a personal injury settlement is involved. When a personal injury settlement involves compensation for losses such as physical pain and suffering, that compensation is the sole property of the plaintiff. He or she was the sole person who experienced those harms following an accident.

However, many personal injury settlements involve compensation for lost income, loss in earning capacity, and damage to property. These damages, also called economic damages, are community property. Similarly, if a couple uses personal injury money to buy property, the purchase can become community property, as well. For example, if a couple uses personal injury settlement money to buy a new home, that purchase is community property and subject to 50/50 division.

Finally, non-economic damages from a personal injury settlement may be community property when the assets co-mingle or undergo transmutation. A person who receives a personal injury settlement should put it in a separate account under his or her name to avoid community property division in the event of a divorce.

Community Property Laws in Texas

Texas law presumes that all property that either spouse acquires throughout the course of a marriage is community property, with the exception of separate property noted above. When a couple in Texas divorces, the law requires that their property undergo a division that is just and right considering the circumstances. In other words, the division must be equitable under the circumstances that surround the case. Texas does consider fault in the division of marital assets, and will also consider other factors such as disparity in earnings, the overall health of each spouse, the custodial arrangement regarding the children, and each couples future earning and employability prospects.

Texas is just one of a handful of states that follow a community property approach to the division of assets. The approach can affect how the courts divide a personal injury settlement, especially if it undergoes transmutation or comingling. Generally, the noneconomic damages from a personal injury case are the sole assets of the victim, but putting those assets into a joint account can make them subject to community property division.

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Who Is at Fault in a Multi-Vehicle Crash?

Mon, 04 Feb 2019 17:43:00 GMT

Multi-vehicle crashes in Houston can cost multiple lives. One or more negligent drivers may be at the heart of what started the car accident . Determining fault for a collision that involves more than one vehicle can be difficult, but it is necessary to obtain compensation for damages in Texas. Texas is a tort-based insurance state. Victims injured in a car accident must identify the at-fault party to file an insurance claim. In an accident involving more than two vehicles, discovering who is legally to blame may take a professional investigation.

Whom Did the Crash Involve?

The first question to ask is how many drivers or other parties the collision involved. Remain at the scene of the accident and document how many people were part of the accident. Write down the number of vehicles, the names of the drivers, license plate information, and auto insurance information. If the crash involved commercial trucks or city vehicles, write down the company name and vehicle number. Keep in mind the cause of the crash could be a party not actually present, such as the manufacturer of a defective auto part.

Call 911 after a multi-vehicle crash in Texas. Police must know about accidents if they cause injuries, deaths, or more than $1,000 in property damage. Almost all multi-vehicle accidents will meet this threshold. Call 911 from the scene and request an ambulance, if necessary. When police arrive, make sure to give them your side of the story. Multiple drivers may have different versions, so it is important to get yours on record. Police officers can collect evidence and help determine fault for the crash.

What Was the Proximate Cause?

The proximate cause of an accident is the main event that led to the crash. The accident would not have happened but for the proximate cause. Establishing the proximate cause takes identifying the defendant guilty of the action that started the series of events that caused the multi-vehicle crash. For example, a driver may have sideswiped you, but a semi truck making an unsafe lane change might have forced the driver to merge lanes unexpectedly. In this scenario, the driver of the semi truck was the proximate cause of the wreck, not the driver that struck you.

It is possible to hold a driver responsible for your car accident damages even if that driver’s vehicle never touched yours. There may be one driver at fault for all other drivers’ losses, regardless of whether that driver actually came in contact with each vehicle affected. If that driver did something negligent to cause the series of collisions, that driver will be liable. Drunk, distracted, negligent, speeding, drowsy, and reckless drivers may be responsible for the multi-vehicle crashes they cause.

How to Determine Fault

Multi-vehicle collisions require investigations to determine the at-fault party. Police officers, insurance companies, and lawyers may all investigate the case. Investigations can involve returning to the scene, recreating the accident, interviewing eyewitnesses, taking photographs, looking at medical records, checking phone records, and obtaining other evidence, such as footage from security cameras. Hiring a lawyer to represent your side of a multi-vehicle wreck can ensure a fair, unbiased investigation of events.

Comparative Negligence in Texas

Texas is a modified comparative state. The courts can find more than one party at fault for the same accident. A plaintiff may still qualify for partial damages even if he or she contributed to the accident. As long as the courts find the plaintiff less than 50% at fault, he or she will be eligible for compensation. Working with an attorney can help you identify all possible defendants in your case, as well as help minimize your percentage of fault through proven case strategies. Hire an attorney for your multi-vehicle collision for the best possible results.

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What Is Malorie’s Law?

Thu, 17 Jan 2019 22:29:00 GMT

In 2014, the Texas State Legislation implemented Malorie’s Law on behalf of motorcyclists and motorcycle passengers. Many motorcyclists remain concerned about the implications of this legislation and how it will impact their ability to ride their vehicles. Implemented as a response to the 2010 death of Malorie Bullock, this law impacts how motorcyclists transport passengers on Texas roads.

Malorie Bullock’s Story

In 2010, 19-year-old Malorie Bullock, a Sherman local studying at Texas A&M University, lost her life in a tragic motorcycle accident . Malorie and her boyfriend were traveling about 90 miles northeast of Fort Worth, with Malorie riding on the back. The driver attempted to avoid a collision, crashing into a ditch and accidentally throwing Malorie off the back of the motorcycle.

Malorie died as a result of her injuries, although she was wearing a helmet at the time. Her death raised concerns across the state on how motorcyclists transport their passengers and how safe common methods are. As a result, Texas lawmakers began to implement Malorie’s Law, with partial implementation in 2013 and full implementation in 2014.

What Does Malorie’s Law Say?

The 2013 partial implementation of Malorie’s Law required all motorcycle training courses to include basic information on how to safely transport a passenger on a motorcycle. The full 2014 implementation bans passengers on motorcycles that cannot carry more than one person at a time. If the manufacturer indicates that the motorcycle’s design cannot carry another person, the driver cannot transport a passenger.

In addition, all motorcycles carrying two passengers must have the following holds.

Passengers riding on a motorcycle cannot simply grab on to the driver to ride the motorcycle safely. Grabbing onto the other person was what Malorie was doing when she died, and a helmet could not save her from the injuries. Texas lawmakers believe these requirements will prevent other people from dying in the same manner.

Passengers and riders who fail to follow Malorie’s Law could be subject to the following penalties.

Implications and Concerns for Texas Motorcyclists

Many motorcycle riders expressed extreme concern at the new piece of legislation. Many motorcycles coming from the factory have the holds required by Malorie’s Law, but many riders are unsure what qualifies as a hand hold. While the requirement for foot pegs is clear, many motorcyclists wonder what a hand hold consists of and how it should hook on to the vehicle.

In addition, motorcyclists are unsure about the safety of Malorie’s Law and how it compares to basic motorcycle training. Texas motorcycle training courses explain what Malorie’s Law is, as required by the state of Texas, but they also tell motorcyclists that the safest way to operate the bike with a passenger is if the passenger is holding on to the rider. Motorcyclists are unsure what to tell their passengers to stay safe. When in doubt, however, motorcyclists should follow what the law states.

What to Do After a Motorcycle Accident

If a motorcyclist and passenger suffer an accident while riding, they should take the following precautions to stay safe and receive necessary medical and police attention:

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How to Prevent OSHA’s Fatal Four Construction Accidents

Tue, 15 Jan 2019 22:25:00 GMT

According to the Occupational Safety and Health Administration (OSHA), certain construction accidents cause death at a higher rate than other injuries. The Fatal Four accidents, as the agency dubbed them, include falls, struck-by object accidents, electrocutions, and caught-in/between injuries. According to OSHA, these accidents caused over 64% of construction-related deaths in 2015. However, certain safety regulations and practices can help construction sites prevent these accidents from happening.

Preventing Falls

Fall injuries account for almost one-third of construction deaths in the United States. All sites must have certain fall protection mechanisms in place, but some forego safety requirements, leading to increased worker risk. On construction sites, workers can fall for a number of reasons.

These accidents can lead to spinal cord damage, paralysis, brain trauma, broken bones, and other injuries. Construction sites can prevent fall accidents and save worker lives by implementing the following changes.

Preventing Struck-by-Object Accidents

Workers can face unexpected hazards from falling objects, flying debris, swaying loads, and rolling equipment and vehicles. Struck-by-object accidents are common causes of death on construction sites, catching workers off guard so that they do not have time to react. Workers can suffer from broken bones, head trauma, spinal cord injury, brain damage, and crushing injuries as the result of struck-by accidents.

Construction sites can prevent struck-by-object accidents by implementing the following changes.

Preventing Electrocutions

Electrocution causes over 300 deaths and 4,000 injuries annually on construction sites. These injuries are very serious, leading to severe burns, internal injuries, traumatic brain injury, kidney failure, and neurological damages. Workers can suffer electrocution injuries due to any of the following conditions.

While OSHA requires all workers to have adequate protection when working near electrical power circuits, some workplaces forego this requirement. Construction sites can reduce electrocution deaths by implementing the following safety standards.

Preventing Caught-In/Between Injuries

Caught-in and between accidents are the fourth cause of construction-related deaths. In these accidents, two or more objects on the site catch, crush, or squeeze a worker. As a result, workers can suffer from crushing injuries, broken bones, brain and head trauma, limb mangling, and other severe injuries. Vehicles, equipment, and stationary objects can all cause these injuries.

Construction sites can avoid caught-in and between injuries on the job by implementing the following safety precautions.

The post How to Prevent OSHA’s Fatal Four Construction Accidents appeared first on GES Injury Attorneys .

How Do Roofing Accidents Happen?

Thu, 10 Jan 2019 22:18:00 GMT

Roofing accidents are common among Texas workers, and the effects of these accidents are too dangerous to ignore. The injuries sustained in roofing accidents are life-altering and often fatal – from paralysis to broken bones, roofers are subject to severe risks. These accidents can take place on both commercial and residential properties and occur throughout the year.

Roofing Accident Statistics

Roofing accidents are frequent throughout the United States. According to statistics from the Center for Disease Control and Prevention (CDC):

All roofers must have fall protection whenever they are above 6 feet off the ground. In addition, roofers must have fall protection when they are working on walkways, hoist areas, ramps, overhand bricklaying, runways, and unprotected sites.

Common Causes of Roofing Accidents

Certain factors contribute to roofing accidents more often than other situations. Many roofers face these risks on a daily basis due to the nature of the job.

Common Roofing Accident Injuries

The injuries sustained by roofers in these situations can be dangerous and potentially life-threatening. Without quick medical attention, many roofers can die as the result of their injuries.

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What Is the Longshore Act (LHWCA) in Texas?

Tue, 08 Jan 2019 23:30:00 GMT

When you suffer injuries on the job, you may receive benefits through workers’ compensation from your employer. Usually, this compensation covers medical costs, lost wages, and certain additional expenses related to your injury and illness. Certain industries have special forms of workers’ compensation, and the maritime industry is no exception. Offshore maritime workers receive coverage through the Jones Act and longshoremen and harbor workers receive coverage from the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Longshore and Harbor Workers’ Compensation Act (LHWCA)

LHWCA provides specialized workers’ compensation coverage to maritime workers not covered under the Jones Act. To receive Jones Act coverage, a maritime worker must prove that he or she has seaman status. However, not all maritime workers qualify for these benefits. To fill this gap, LHWCA provides coverage to over 500,000 workers in the following positions.

If you receive Jones Act coverage, you cannot receive LHWCA coverage. You may also be exempt from LHWCA coverage if you receive state coverage. Speaking to a workers’ compensation or maritime attorney can help you determine what coverage you are eligible for.

What Benefits Does LHWCA Provide?

If you receive coverage under LHWCA, you are eligible for certain benefits to help you recover after a workplace injury . Like all workers’ compensation insurance requirements, you must directly tie your injury or illness to your workplace activities to receive the following benefits.

How to File for LHWCA Benefits

To receive coverage for work-related injuries or illnesses under LHWCA, you must notify your employer of your condition within 30 days after the accident happened or you discover your illness. After you inform your employer, he or she must file a formal LHWCA claim so that you can receive benefits. If your employer does not file your LHWCA claim in a timely manner, he or she can face penalties.

Benefits of a Maritime Attorney for Your LHWCA Claim

Filing a LHWCA claim can be a difficult and stressful process. Your attorney will need to prove the validity of your injuries, prove that your work functions caused the injury, and prove your need for benefits. Receiving compensation lower than what you need to recover can set you back hundreds and even thousands of dollars in medical expenses and lost wages.

A maritime attorney can help guide you through the LHWCA process and assist you in receiving the benefits you need. If your employer fails to file your LHWCA claim in a timely manner, causing you to lose benefits, your attorney can help you pursue legal action as well. A maritime lawyer can provide multiple benefits for your LHWCA claim.

If you experience issues with your LHWCA claim, contact a maritime attorney as soon as possible to discuss your legal options and pursue your compensation.

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What Are the Most Dangerous Professions in Texas?

Thu, 03 Jan 2019 22:04:00 GMT

Many jobs are inherently dangerous due to their proximity to heavy equipment, high risk situations, and other environmental hazards. In Texas, certain jobs are more dangerous than others due to their reputation of high workplace deaths and injuries. These positions usually have strict safety procedures and guidelines necessary to keep workers safe.

Oil, Gas, and Drilling Workers

Texas’s oil industry is well-known around the country. Oil industry workers often bear the risks in oil-related occupational injury and death. According to the Occupational Safety and Health Administration, approximately 39 Texas oil, gas, and drilling workers die each year due to injuries suffered on the job. Since the oil fields are usually in remote areas, these workers cannot seek emergency medical attention as quickly as other professions can.

Tractor-Trailer Drivers

Driving a truck requires significant training and the attainment of a special driver’s license, and likewise comes with a major set of risks. According to the Texas Department of Insurance , truck driving is the state’s deadliest occupation. Truck drivers are 57% more likely to suffer fatal injuries on the job than other Texas workers. This is due to the fact that truck accidents are most often fatal because of the size and weight of the vehicles involved.

Construction Workers

Following big rig drivers in the highest number of work-related deaths are construction workers. According the Texas Department of Insurance, approximately 82 construction workers died from fatal workplace injuries in 2012. Construction workers encounter several high-risk situations on the job, such as falling off scaffolds, injuries from falling objects, machinery mishaps, and electrocution.

Agriculture, Fishing, Forest, and Hunting Industries

Working outdoors comes with its own set of risks. While this category is quite broad, these positions encompass farmers, ranchers, fisherman, foresters, agricultural managers, and other related professions. According to the Texas Department of Insurance, 203,165 non-fatal work injuries occurred in Texas in 2012. Out of these injuries, 3.9% of them were related to these positions in fishing, forestry, hunting, and agriculture.

Steel Workers

In the category of construction jobs, steel workers specifically have an extremely dangerous position. These workers are some of the most vulnerable people in the construction industry and can suffer significant injuries from the nature of their work, using hot materials and heavy machinery. Steel working is a dangerous job nationally, as well as within Texas – each year, an average of 37 employees per every 1,000 employees die from work-related injuries.

Sanitation Workers

Collecting garbage, recyclables, and other waste from Texas homes also comes with its own set of risks. Spending lots of time on the road can lead to accidents and collisions that cause injury to trash collectors. In addition, the heavy equipment that these workers operate can crush and mangle someone who becomes stuck. Trash collectors also have to come in contact with hazardous materials, which can cause illness and poisoning.

Maintenance Workers

Texas workers involved in installation, maintenance, and repair are also at a high risk of injury and death. According to the Texas Department of Insurance, 44 of these workers died from injuries from workplace accidents . In addition to the fatalities, many workers suffer from non-fatal injuries ranging in severity from mild to permanently disabling.

Roofing Employees

Another dangerous profession in the construction industry is roofers. Many roofing accidents occur throughout Texas every single year. Due to the nature of the position, falls from roofs cause the majority of injuries that lead to death for these employees. Not all of these accidents are fatal; many roofers suffer from life-altering injuries.

If a worker suffers an injury on the job in Texas, he or she may receive workers’ compensation. This insurance can help pay for any medical costs, lost wages, and other damages suffered as the result of a work-related injury.

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What Are the Pedestrian Laws in Texas?

Tue, 01 Jan 2019 21:39:00 GMT

Pedestrian collisions happen daily throughout Texas and across the United States and. In many cases, negligent or distracted driving causes these accidents, as well as a disregard for traffic laws. If you suffer injuries in a pedestrian collision, you will need to file an insurance claim or personal injury lawsuit to receive compensation. In both situations, you will need to prove that you are not responsible for the accident.

One of the most common ways courts or insurance companies find pedestrian liability is examining if the pedestrian followed Texas pedestrian law. Many pedestrians are unaware of what exactly Texas laws say about pedestrian right of way. Here’s everything you need to know about pedestrian laws in Texas.

Texas Right of Way Laws

Texas law implements certain right of way laws to protect pedestrians from motor vehicles.

In addition, pedestrians must follow these ordinances when crossing areas where they do not automatically have the right of way.

In addition to these state laws, your specific city or municipality may implement laws for pedestrian crossing. Always check with your city or municipal agency to confirm if you are following correct pedestrian laws.

Marked and Unmarked Crosswalks

Many people can identify a marked crosswalk by its painted white lines and other indicators. However, less people are familiar with an unmarked crosswalk. Many drivers fail to realize that Texas law requires that they yield at both marked and unmarked crosswalks – and this can lead to collisions, injuries, and even death.

An unmarked crosswalk is a crosswalk that does not have painted lines or other indicators. They can be difficult to identify, but most intersections in Texas represent crosswalks, even when no indicators are present. An unmarked crosswalk is basically an extension of the sidewalk that crosses the intersecting streets.

However, unmarked crosswalks are only at intersections – they cannot be in any other place along the street. In situations where you are crossing anywhere that is not a marked crosswalk or an unmarked crosswalk at an intersection, you must yield the right of way to oncoming motor vehicles.

Determining Liability in Pedestrian Accidents

Texas operates using a comparative negligence rule for lawsuits involving car accidents. If you file a personal injury lawsuit, the jury will assess the facts of your case and determine if you share a portion of the liability. If you crossed the street in a place other than a marked or unmarked intersection, for example, you could share a portion of the liability. The jury will then reduce your settlement amount by the percentage of your fault.

For example, say that you file a personal injury lawsuit against a negligent driver and receive a $100,000 settlement to compensate for your medical expenses, lost income, pain and suffering, etc. However, the jury finds that you crossed the street in an area other than a marked or unmarked crosswalk.

The jurors determine that you are 40% responsible for your accident. As a result, you only receive $60,000 at payment. If the jury finds that you are at-fault for 50% or more of the accident, you will not receive any damages.

If you are in a pedestrian accident , consider hiring a personal injury attorney to represent your claim or lawsuit. He or she can conduct a full-scale investigation into the circumstances of your accident and determine who is liable.

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Can Loose Objects Be Deadly in Car Crashes?

Wed, 19 Dec 2018 18:00:00 GMT

The odds of dying in a car accident are around one in 583 in the United States. The odds of getting into a nonfatal car accident are even higher. For most people, therefore, getting into an accident is not a matter of if, but of when. You may not always be able to prevent a car crash , but you can prepare for one. One thing you could do to better protect your family and decrease the risk of fatal injury is to eliminate dangerous loose objects from the cab of your vehicle.

Three Collisions in Every Accident

A car accident does not involve just one collision. Instead, each crash has three separate collisions: the vehicle collision, human collision, and internal collision. The vehicle collision occurs when the car smashes into another vehicle or object. The human collision occurs when something inside the vehicle stops the occupant’s forward motion from the crash, such as a seatbelt or airbag. The internal collision occurs when the organs’ forward motion stops after colliding with other organs or the skeleton.

The Risk of Loose Objects During a Crash

Loose objects in the vehicle can contribute to injuries sustained during the human collision. Objects such as electronic devices, loose food containers or canned goods, luggage, boxes, tools, and children’s toys can strike passengers with deadly force during an accident. A laptop, for example, can become a deadly projectile traveling at 60 miles per hour. When the vehicle abruptly stops (collides with something), the laptop will continue its forward motion at the same speed – until it collides with something inside the cab.

If the laptop, or another loose object in the vehicle, collides with the driver or a passenger at this speed, the impact could be fatal. The body may not be able to withstand the forces of the accident that caused the object to fly at the person at high speed. The victim could sustain a fatal head injury, traumatic brain damage, neck injury, multiple fractures, spinal cord injury, or other major injury because of a loose flying object in the vehicle during a collision. The more loose objects someone has inside his/her vehicle, the higher the risk of serious injury.

Unrestrained Passengers and Vehicle Accidents

Like loose objects, unrestrained passengers can also become deadly projectiles in a car accident. Passengers who do not use their seatbelts can move about the cab of the vehicle in a crash, striking other passengers at high speeds. Colliding parts, such as two heads, could be deadly for both people involved. Always insist on your passengers wearing seatbelts before every trip – for their safety and yours.

How to Reduce Your Risk of Injury in a Car Crash

Decrease the odds of suffering a fatal injury in a car accident by eliminating loose objects in your vehicle. Keep cargo only in the trunk or cargo area of your vehicle, where the odds are lower that it can fly forward and strike passengers. Use tools such as cargo nets and tethers to secure objects within a cargo hold. Putting objects in the pockets on the backs of the seat, in gloveboxes, and in other compartments does not eliminate the risk of projectiles, and they can come loose in the forces of the accident. Leave loose objects home as much as possible.

If you are driving with a pet, use something such as a pet harness or seatbelt specifically made for pets to secure your pet to the seat. Otherwise, your dog or cat could become a fatal projectile just like other loose objects. An 80-pound dog striking you during a high-speed collision could easily be deadly for both you and your pet. Secure your pet as you would human passengers to protect both of you.

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Space Heater Safety

Mon, 17 Dec 2018 17:57:00 GMT

When temperatures drop, the rate of home structure fires spikes. Fires due to faulty furnaces, damaged electrical wires, holiday decorations, and space heaters claim dozens of lives every year. Heating equipment is the second-leading cause of house fires in the United States and the third-leading cause of fire deaths, according to the National Fire Protection Association (NFPA). Portable and stationary space heaters caused 43% of home heating fires and 85% of related deaths between 2011 and 2015.

Inspect Your Space Heater

Most homeowners only bring out their space heaters during winter and put them away in storage the rest of the year. Infrequent use, however, does not mean the space heater will have a longer life. In fact, storing your space heater somewhere such as a shed or attic could result in damage to the equipment, including frayed wiring or faulty components. Before you dust off last year’s space heater to plug it in for the winter, hire a professional to inspect the piece.

A heating expert can inspect your space heater and recommend repairs or replacement. If your space heater is more than a few years old, consider replacing it before you use a dangerous, outdated version. A qualified professional could install stationary heating equipment to better heat your home in a way that may be safer than using space heaters. A professional can also clean out your chimney and help prevent other winter fire risks.

Leave Room Between Your Space Heater and Other Objects

The NFPA states that 53% of all home heating fire fatalities stemmed from fires that started because heating equipment was too close to flammable objects, such as bedding materials or furniture. Decrease the odds of a deadly house fire by keeping your space heater far away from other objects in your home – especially Christmas trees, curtains, and upholstered furniture.

The NFPA recommends keeping space heaters at least three feet away from anything flammable. Keep a three-foot rule for kids and pets, as well, installing temporary gates, if necessary, to keep kids and pets far enough away. Do not hang any flammable holiday decorations on or near your space heater. United States firefighters respond to an average of 800 holiday-decoration-related house fires per year – excluding Christmas trees.

Follow Your Owner’s Manual

When buying a new space heater, make sure to find one with safety certifications from Nationally Recognized Testing Laboratories (NRTLs). This can ensure you purchase a heater that meets certain safety standards, such as including safety warnings and proper instruction manuals for consumers.

Do not throw out your instruction guide after you purchase a new space heater. It will contain important safety information, such as how to install and use your space heater, where to put it, and how much electrical capacity the unit will take to power. Read your manual fully before turning on your space heater. That way, you will know you are using it according to the manufacturer’s guidelines.

Turn Off Your Heater at Night

Do not leave your space heater running at night or in an empty room. Almost half of heating fire deaths occur between 8 p.m. and midnight. Once everyone leaves a room, turn the space heater off and unplug it from the wall. At night, when everyone is sleeping, the space heater should be off and unplugged. Many models have programmable timers to help you avoid accidentally leaving your space heater on while you leave the house or sleep.

Do Not Combine Your Space Heater With Water

Space heaters rely on electricity to function. Therefore, they can pose a risk of serious electric shock in combination with water. Do not use a space heater near a shower or bathtub, or anywhere in a bathroom unless it has a design specifically for bathrooms. Do not touch a space heater or its plug with wet hands. If you want to run a space heater in a humid space, find one specifically designed to do so to decrease the risk of shock.

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How Do Train Accidents Happen?

Wed, 12 Dec 2018 17:54:00 GMT

Trains are common carriers. This means they transport people and/or goods for money. Common carrier operators owe higher standards of care to their passengers compared to typical drivers. Despite this high standard of care, however, many train companies and their employees are negligent in ways that cause train accidents. Discovering all the reasons most train accidents happen can help you identify your rights as a victim after a crash.

Common Types of Train Accidents

Trains might not be as common a way to travel as they were in the past, but thousands of miles of tracks still exist across the U.S. Trains are still important components in America’s economy, transporting millions of tons of freight each year. Unfortunately, train accidents still happen as well. There were 11,842 train accidents or incidents across 808 reporting railroads in 2017. This was a 3.2% increase from the previous year. Train accidents alone (rather than highway-rail accidents and other incidents) took seven lives.

The two most common types of train accidents are collisions and derailments . Collisions may occur between trains and other trains, vehicles, or pedestrians. Derailments occur when something forces a train off its rails, such as speeding or a problem along the tracks. Both types of accidents are serious and can cause life-threatening injuries to those involved. Both types often stem from someone’s negligence, such as that of a parts manufacturer or conductor. Identifying the cause of the crash can help victims recover damages.

What Causes Train Accidents?

Train accidents happen when someone in the chain of command fails to uphold his or her duties. Negligence on the part of the train manufacturer, installers, maintenance crew, conductors, engineers, other passengers, or others can all cause serious train accidents. While acts of God can also cause train accidents, most stem from someone’s negligence or breach of duty.

Several common causes of deadly train accidents in the US exist.

Conductor error, railway company negligence, mechanical failures, and third-party errors such as a reckless motor vehicle driver can all cause train accidents to happen. When one or more parties do not fulfill their duties of care in maintaining a train or ensuring it runs properly, accidents can happen. Victims of these accidents may have personal injury claims against one or more parties if they can prove negligence played a part in their accidents.

Who Is Liable?

If you suffered injuries in a train accident as a passenger, employee, or third party, you may have grounds for a lawsuit. The party liable for your damages depends on the crash itself. First, your lawyer will have to identify the cause of the crash. Then, your lawyer will need to identify the at-fault party for the train accident. This may be the railroad company, the owner of the train, one of the train’s employees, or a third-party driver.

The railroad company will be financially responsible for most train accidents. The company is vicariously liable for accidents that occur because of its trains, lack of maintenance, or because of negligent employees. The company will also pay out most employees who suffer injuries on the job, due to Texas’ workers’ compensation laws. Although railroad companies to not have a duty to ensure passenger safety, they must use due diligence to reasonably avoid passenger harm. Any failure to uphold this duty, resulting in a train accident, could be grounds for a lawsuit.

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Is Driving While Hypothyroid Worse Than Drunk Driving?

Mon, 10 Dec 2018 17:52:00 GMT

Most drivers recognize the dangers of driving drunk . They may also know not to drive under the influence of certain prescription medications and over-the-counter drugs. Driving while hypothyroid, however, is a lesser-known risk that could cause accidents. Hypothyroidism occurs when the thyroid gland does not produce enough hormones, causing irregular metabolism. Hypothyroidism can affect energy, mood, sleep patterns, muscle strength, and other aspects of life. It could also impact an individual’s ability to drive.

Medical Conditions and Driving

Drivers should not operate motor vehicles unless they are fully capable of controlling the vehicle and paying attention to the road. Anything that impedes these abilities, such as distractions, substances, and medical conditions, can render a driver unfit.

What common medical conditions run the risk of impairing a driver?

Recently, physicians have added hypothyroidism to the list of conditions that could impede a driver’s abilities. Patients with significant hypothyroidism may exhibit symptoms that are not conducive to driving, such as drowsiness and delayed reaction times. If you have a significant hypothyroid condition, you could be at risk of unintentionally causing a car accident.

Hypothyroidism and Driving Risks

A study from the University of Kentucky analyzed the driving abilities of 32 people with thyroid cancer, who were no longer taking their hormone drugs and had become hypothyroid. Researchers studied the subjects during a driving simulator test and found surprising results: Those who drove while hypothyroid had similar driving test results as someone with above the legal blood alcohol concentration level. The study concluded that driving while hypothyroid could be just as dangerous as driving drunk.

The study found that hypothyroid patients experienced depression, as well as noticeable declines in neurological function. These conditions resulted in slower braking times, like a driver who is drunk. The authors of the study recommended physicians should warn patients with hypothyroidism of the risks of driving prior to having sufficient treatment with thyroid hormones. Once the drivers involved in the study received their hormones, their abilities to drive safely came back, and the negative driving effects reversed.

It is possible that driving while hypothyroid could be worse than drunk driving, as the impaired driver may not realize the risks of getting behind the wheel with hypothyroidism. While most people understand the dangers of driving drunk, they may not realize how dangerous it could be to drive with an untreated thyroid condition. The lack of knowledge and awareness could make this issue even more dangerous than drunk driving. It is up to physicians to warn patients of the potential risks of driving while hypothyroid.

What Does This Mean for Patients?

If you have hypothyroidism, you can still drive. Patients with mild to moderate hypothyroidism should not experience any driving impairments related to their condition. With severe hypothyroidism, you may be at risk, but only if you do not treat your condition and achieve a proper hormone balance. Without treatment, you could be susceptible to drowsiness, delayed reaction times, and other problems that could impact your ability to drive safely. Achieving a proper thyroid balance, however, can reverse these symptoms and enable you to drive.

You may have hypothyroidism if you experience constant fatigue, weight gain, muscle aches or weakness, joint pain, dry skin, cold sensitivity, hair loss, depression, or impaired memory. Do not operate a motor vehicle or other heavy machinery until you have seen a doctor about your symptoms and restored your thyroid balance. Otherwise, you could be a danger to yourself and others on the roadway.

The post Is Driving While Hypothyroid Worse Than Drunk Driving? appeared first on GES Injury Attorneys .

Tips to Ensure Motorcycle Visibility

Wed, 05 Dec 2018 17:49:00 GMT

Motorcycle accidents are common, and often deadly for riders. In 2017, 501 motorcyclists in Texas died in traffic accidents. A major contributing factor to fatal motorcycle collisions is lack of visibility. Drivers often fail to see smaller, sleeker motorcycles, resulting in preventable collisions. While it is a driver’s job to pay attention to the road, motorcyclists can decrease their risks of accidents by increasing their visibility.

Run Your Headlights During the Day

Turn on your headlights at all times, even in daylight. Texas law states that all riders on motorcycles manufactured after 1975 must keep their headlights on during operation. This law helps protect motorcyclists from visibility-related collisions. With your headlamp on, you increase the odds of a motor vehicle driver seeing you during the day, in bad weather, and at night. Also, ensure your headlights, taillights, and brake lights are in proper working order when riding before sunrise or after sunset. Avoid riding in poor weather as much as possible, as this can significantly reduce drivers’ visibility – even if you are using a headlight.

Wear Bright Colors

Wearing all black or other dark colors on a motorcycle can contribute to the inability of a motorist to see you coming – especially if you own a dark-colored motorcycle as well. Instead, wear bright colors such as yellow or neon while riding to optimize your visibility. You can purchase a neon vest to wear while you ride if you do not wish to change your clothing. Many reflective neon motorcycle vests can also protect your skin and body in case of an accident. Consider purchasing a brightly colored motorcycle for extra visibility.

Ride in the Best Lane Position

Sometimes visibility is not about the lights or colors you wear, but rather your position on the road. Drivers may merge on top of motorcyclists or cause sideswipe accidents if they do not see a motorcycle in the lane. As a motorcyclist, you can diminish your odds of getting into this type of accident by staying in the best lane position for visibility. This position will depend upon the vehicles around you.

Try to stay out of common blind spots to the left and right of other vehicles – especially the large No Zones of a tractor trailer. If you need to pass another vehicle, do so as quickly as possible without speeding. Do not hover in a blind spot while passing. Do not ride on the white line between lanes (lane split), as this is against the law in Texas and drivers will not expect you to be there. Being aware of which lane makes you most visible can prevent a collision.

Make Eye Contact

Whenever possible at intersections and other places your path may cross that of another driver’s, make eye contact with the motorist. If you are both stopped at a four-way intersection, for example, make eye contact with the driver to ensure he or she sees you. Then, proceed when you have the right of way. If a driver is pulling out onto the road you are on, make eye contact. If you cannot make eye contact, assume the driver does not see you, and reduce your speed in case the driver pulls out in front of you.

Signal Your Intent

Visibility and predictability go together. Drivers expect motorcycles to obey roadway rules and to be where they should be according to the law. If you break the rules, you become unpredictable to other drivers – and put yourself at risk of accidents. Signal your intent to turn and brake with the proper motorcycle lights and/or hand signals. Stay predictable to other drivers to improve your visibility. Obey the speed limit, communicate your intentions, and maintain adequate space between your vehicle and others. Prepare yourself to act quickly, if necessary, to avoid a crash.

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When Is a Doctor’s Mistake Malpractice?

Mon, 03 Dec 2018 17:42:00 GMT

Medical malpractice is a serious – and sometimes deadly – form of professional negligence. It occurs when a health care practitioner fails to use the accepted standards of care when diagnosing or treating a patient, resulting in patient harm. Recognizing medical malpractice is one of the first steps toward obtaining compensation with a civil claim as a victim.

Proving Medical Malpractice

Medical malpractice claims are complex, and unfortunately difficult to win as an injured patient. If you have the correct elements of a case, however, you can improve your odds of success. As the plaintiff, it is your burden to demonstrate that the physician’s mistake fulfills the requirements of medical malpractice in your state. Four main elements prove that a doctor’s mistake qualifies as malpractice.

Medical malpractice claims often take testimony from a medical expert to prove negligence or breach of duty. Generally, if a reasonable and prudent doctor of a similar profession would not have done the same thing in similar circumstances, the defendant’s mistake could constitute malpractice. An attorney can hire experts and otherwise help you prove a difficult medical malpractice case.

Common Examples of Medical Malpractice

Malpractice claims can have several complex issues, including informed consent, assumption of risk, terminal illnesses, and analysis of damages. Reviewing some of the most common causes of medical malpractice claims can help determine whether you have grounds for a case.

What kind of frequent physician mistakes qualify as malpractice?

In Texas, your attorney must establish that the health care professional breached the standard of care during your treatment. If your lawyer can do that, and prove that this breach caused your damages, you likely have grounds for a malpractice claim. Some types of malpractice, such as operating on the wrong body part, are blatant. Others can be more difficult to recognize.

How to Strengthen Your Malpractice Claim

Speaking with a medical malpractice attorney about your incident can help you determine whether you have been the victim of this type of professional negligence. Claims do not require a medical malpractice affidavit of merit but hiring an attorney who can hire experts may be in your best interest anyway.

You have two years from the date you discover the injury to bring your claim. You may have more or less time to file a lawsuit, however, depending on the situation. The statute of repose on malpractice claims in Texas is 10 years from the date of the incident. Discuss your case with an attorney to identify your specific deadline.

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Why Are Overweight Trucks So Dangerous?

Thu, 22 Nov 2018 23:08:00 GMT

Trucking is an essential part of the United States economy, and tractor-trailers carry billions of tons of cargo across the U.S. every year. Unfortunately, the demand for tight delivery schedules, increased consumer purchasing, online ordering, and many other factors pressure trucking companies into overloading some of their trucks to meet demand.

This has the unfortunate consequence of leading to serious truck accidents , as overweight or overloaded trucks are more dangerous than properly loaded trucks for many reasons.

Weight and Braking

One of the biggest dangers of overweight trucks is the impact on braking time and distance. Tractor-trailers require much more time and space to come to a complete stop than smaller passenger vehicles. An overloaded or overweight truck may move down an incline much faster than the driver expects and require much more time and room to slow down. If a truck driver cannot compensate for sudden shifts in momentum, accidents are very likely.

An overloaded truck’s systems may not be able to handle the weight under less-than-ideal driving conditions. Too much weight or a sharp turn may put too much pressure on a tire and blow it out. Axles may snap, or a trailer may not be able to stay upright during a sharp turn at even moderate speeds.

Load Distribution

When distributors and trucking companies overload their trucks, they place added stress on the vehicle’s systems. The brakes need to work harder to slow the vehicle down, the engine needs to work harder to bring the vehicle up to speed, and the tires and axles need to be able to support the load. An improperly balanced load can put extra stress on one axle and lead to equipment failures, breakdowns, and even rollover accidents.

An overloaded truck will likely have insufficient security in place for the cargo in the trailer. This can lead to weight shifts during transit. It’s also possible to lose products from damage due to crushing and falling inside the trailer while traveling. A trucking company that overloads a truck may believe they are being efficient, but they are actually risking more of their products and profit losses if the truck gets into an accident.

Liability for Overloaded Trucks

Most large trucks must visit weighing stations during their routes to ensure their vehicles meet the appropriate weight requirements. Generally, no tractor-trailer should weigh more than 80,000 pounds, aside from a few exceptions reserved for interstate trucks. A truck driver who visits a weigh station may not lighten the vehicle’s load if the truck is overweight.

If a trucking company negligently overloaded a truck and the truck causes an accident, the company will likely bear liability for the resulting damages. In some cases, a truck driver may not know that a picked-up trailer has been overloaded until well into a journey. This puts the driver at risk, and the party responsible for loading the truck would face liability for the driver’s injuries and damages in the event of an accident as well as damages to other drivers.

Trucking companies have a responsibility to keep accurate logs of truck trips, cargo loads, vehicle weights, and maintenance. Truck drivers have a duty of care to drive responsibly. The parties that load tractor-trailers must meet all applicable weight and safety requirements for every shipment, regardless of pressure to meet delivery schedules and other deadlines.

When a trucking accident happens due to an overloaded truck, anyone injured may have grounds for a civil action against the driver, trucking company, truck’s owner, or any entity in the supply chain responsible for loading the truck. An injured driver should contact an experienced personal injury attorney to discuss the legal options available after an overloaded truck accident.

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Common Brain Injury Myths

Tue, 20 Nov 2018 23:03:00 GMT

A brain injury can be devastating for a victim and his or her loved one, resulting in significant economic losses as well as physical and psychological harm that may involve permanent damage. Despite the severity of these injuries, there are many misconceptions surrounding brain injuries and it’s important for everyone to separate myth from fact when it comes to severe injuries.

Myth #1: A Brain Injury Will Always Cause Unconsciousness

Not every traumatic brain injury will render the victim unconscious. It’s possible for someone to sustain a severe traumatic brain injury and show almost no outward symptoms at first, aside from moderate disorientation. Whether a patient loses consciousness is a major factor in treatment, and responding paramedics and medical personnel will want to know if a victim lost consciousness for any time. If there is any reason to suspect a person suffered a brain injury, even if symptoms appear very mild at first, the victim should receive immediate medical care.

Myth #2: Imaging Tests Like MRIs Are the Only Way to Positively Diagnose Brain Injuries

While it is true that some imaging tests like x-rays and MRIs can help diagnose a patient’s condition after a brain injury, these imaging tests will not only show signs of a brain injury. It’s possible and very common for imaging tests to appear normal after a brain injury. Medical professionals know this, so it is unrealistic for any party to claim that a normal imaging test result is proof no brain injury occurred.

Myth #3: Only Severe Traumatic Brain Injuries Cause Permanent Damage

The more severe a brain injury, the more likely the patient is to develop long-term medical complications from the injury. However, this does not mean that a mild brain injury like a slight concussion has no potential to cause permanent damage. Even mild brain injuries can lead to chronic conditions like regular headaches, migraines, and psychological issues that may take time to develop noticeable symptoms. Additionally, a brain injury victim is more susceptible to future brain injuries.

Myth #4: Brain Injuries Always Result in Psychological or Cognitive Impairment

Many brain injuries are capable of causing severe psychological effects and impair brain functions at various levels, but this does not mean that every brain injury invariably leads to permanent disability. Many recorded cases show people suffering severe head injuries and making full recoveries, while others who suffered only mild injuries struggle with chronic pain and other long-term effects.

The effects of a brain injury may be physical, psychological, or a combination. The reality is that brain injuries affect each victim differently so there is no firm way to predict what long-term effects any particular patient could experience.

Myth #5: Brain Injury Recovery Is Relatively Simple

Many people mistakenly assume that a concussion or other head injury simply requires medical treatment and recovery time for a victim to return to normal. Recovery can take weeks, months, or even years for some brain injury victims.

The severity of the brain injury, co-occurring conditions, preexisting conditions, and other factors may complicate a patient’s situation and lead to unique medical concerns later. There is no “one-size-fits-all” treatment method for brain injuries, no matter how severe or mild they are.

Brain injuries are some of the most severe injuries a person can suffer. Brain injuries can potentially cause long-term or lifelong medical issues that interfere with daily life. Misconceptions and myths surrounding brain injuries delay treatment, and may actually put brain injury victims’ lives at risk in some situations. If there is any reason to believe that someone suffered a brain injury, it is always best to err on the side of caution and seek immediate medical care.

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Should Doctors Use the Pain Scale for Injuries?

Thu, 15 Nov 2018 22:53:00 GMT

Doctors use a differential diagnostic process to assess patients’ problems; a doctor records a patient’s symptoms and vital signs to form a list of possible diagnoses and then uses a process of elimination to arrive at the most likely diagnosis for the patient.

One of the factors many doctors rely upon to accurately diagnose patients is the degree of pain their conditions cause. Unfortunately, there is no way to objectively measure pain. It is an entirely personal experience and there is no medical test that can “prove” a patient’s level of pain.

Doctors use the pain scale in many cases to help determine a patient’s condition, but this is also subjective. The pain scale is a one to ten scale that patients can use to rank the severity of their pain. A rating of one to three typically indicates mild pain and discomfort that the patient may barely notice or only find mildly distracting.

Four to six on the pain scale indicate moderate pain that can be distracting, make it difficult to move, or perform certain actions for short periods. Seven to ten indicate severe pain that the patient cannot ignore. The patient may cry out, demand painkillers, or even fall unconscious from the severity of the pain.

Why Is The Pain Scale Unreliable?

Since pain is purely personal and subjective, one person’s “seven” could be another person’s “three.” It’s also possible for a patient to simply exaggerate his or her level of pain either knowingly or unknowingly. The pain rating that a patient provides to a caregiver or doctor will go onto the patient’s medical record. If the patient’s issue leads to an insurance claim or lawsuit, then it’s possible that different legal parties and insurance companies will view this record.

If a provider believes that a patient’s reported level of pain does not fall in line with the provider’s observations and diagnosis, the provider may doubt the patient’s sincerity. This may also happen if the patient reports different levels of pain at multiple visits without justification. Ultimately, inconsistencies in reported pain levels can cause problems for patients later if these inconsistencies cast doubt on a legal claim.

Tips for Patients Reporting Their Pain Levels

There are several things any patient should remember when a doctor asks him or her to report pain using the pain scale. First, simply responding with a “ten” may seem like a good way to get providers’ attention, but a patient should only report a ten if he or she is on the brink of collapse and the pain is so unbearable the patient is ready to pass out. Some patients may report a “ten” to simply get painkillers or to create a sense of urgency. Ultimately, this can be a big mistake for several reasons.

A patient’s pain levels may be the determining factor between two possible diagnoses, one more severe and requiring complex treatment. If the patient exaggerates his or her level of pain it may lead to unnecessary medical procedures or surgeries that cause further discomfort.

Exaggerating pain levels can also cause problems for a patient who attempts to take legal action for his or her injury or illness. A defense attorney, insurer, or a judge may see a “ten” rating as an exaggeration if the plaintiff can manage to hold a conversation. This may cause them to doubt the patient’s claim or even believe the patient has been deliberately deceptive.

It’s best for patients to try and report a range of possible ratings. For example, a patient could report that an injury feels like an “eight” during short periods but feels like a “four” most of the time. This can help a provider form a more accurate picture of the patient’s condition and provide better treatment. Ultimately, the pain scale isn’t foolproof, but it remains an important diagnostic tool until some type of objective pain measurement technique becomes available.

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When to Sue for Loss or Damages From a Wildfire

Tue, 13 Nov 2018 22:48:00 GMT

Wildfires have burned hundreds of thousands of acres of land in California and the Western United States over recent years. These fires have caused billions of dollars in property damage and displaced thousands of people. Only some insurance companies offer wildfire coverage, but policies that do cover these damages are typically expensive, especially in areas at high risk of wildfire damage. After a property owner suffers property damage and other losses from a wildfire, he or she should know when there are grounds for a lawsuit and recovery beyond insurance coverage.

Insurance Before Lawsuits

The first step to recovery after a wildfire is usually an insurance claim. A property owner’s policy may only cover certain types of damage or a certain amount, but it’s important to determine whether a claim falls under a policy’s guidelines. If a policyholder believes an insurance company denied a covered claim, the policyholder may have grounds for legal action against the insurer. Anyone shopping for insurance coverage in an area susceptible to wildfires should be very clear on the scope of fire damage coverage before signing up for a policy.

Even if a property owner’s insurance policy covers fire damage of some kind, it may only apply to the home and not to land, livestock, vehicles, or additional structures on a property. When insurance doesn’t apply to wildfire damage or an insurer refuses to cover it, the property owner should speak with a reliable attorney to determine the best next course of action.

Possible Legal Remedies

If an insurance company acted in bad faith while handling a legitimate claim, the insurer faces civil liability in an insurance bad faith lawsuit. If the wildfire occurred from an intentional tort, such as arson, then any affected property owners may have grounds for civil claims against the responsible party. In such a case, the claimants could use the criminal charges from the state as grounds for restitution claims.

Negligence is another common cause of wildfires. If a private individual, company, or government entity negligently causes a wildfire, any affected property owners may have grounds for civil suits against the responsible parties. One recent example of this scenario is the lawsuit against Pacific Gas & Electric, a major utility provider in California found responsible for more than $9 billion in damages for fires caused by their power lines in Wine Country.

Individual Lawsuits vs. Class-Action Lawsuits

When many people suffer damages from the same cause, such as the negligence of a particular company, those individuals may opt to either file individual lawsuits against a single defendant or band together in a class-action lawsuit. In a class-action lawsuit, many plaintiffs essentially roll their claimed damages into a single lawsuit against the responsible party. This allows legal proceedings to move much more quickly for everyone involved.

There are benefits and drawbacks to either choice. An individual lawsuit may result in more compensation for a single claim, but the plaintiff will likely spend much more on legal fees and it may take a long time to receive a settlement or case award. A class-action lawsuit offers a speedier means of recovery at much lower cost to each individual plaintiff, but each plaintiff will likely receive much less than that from successful individual claims.

The damage from a wildfire can be astronomical even for a single plaintiff. A wildfire could potentially destroy a home, vehicles, land, and cause serious injuries or health problems as well. Anyone who suffers injuries or other damages from a wildfire should contact an experienced personal injury attorney as soon as possible to discuss legal options and potential complications with insurance carriers. A good attorney can determine if any parties are potentially liable for a client’s damages and help build strong civil claims against those parties.

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Top Legal Issues Following a Flood and What You Can Do in the First 24 Hours

Thu, 08 Nov 2018 22:45:00 GMT

Floods can be devastating to homes and businesses. Even a few inches of water can lead to thousands of dollars in structural repairs, toxic mold growth, lost inventory, and destroyed personal belongings. Anyone who has experienced flood damage knows that acting quickly is crucial after a flood; your first 24 hours after sustaining flood damage are crucial. It’s important to know the most common legal issues arising from flood damage and the best first steps to take to address it.

Understand Your Insurance Policy

One of the most common safety nets for flood damage victims is insurance coverage. Both residential and commercial property owners must carry some property damage insurance coverage. Any policyholder should fully understand the terms and scope of coverage in a policy before agreeing to it. Homeowners insurance and other types of property insurance typically stipulate the types of damage they cover.

For example, a policy may offer “Fire Damage Protection,” but under the fine print you may find that it protects against fire damage from accidents like cooking mishaps, but not wildfire damage. If you live in a dry area prone to wildfires, this policy would likely be ineffective for you.

Flood insurance coverage often works in a similar way. For example, the flood coverage section of a policy may state that the policy covers flood damage from broken appliances, burst pipes, and other internal causes of flooding, but not flooding from natural disasters. The most common legal issue facing flood damage victims after a flood is a problem with insurance coverage or an insurer denying coverage for a flood based on the terms of the policy.

First Steps After a Flood

There are several things homeowners and business owners should do in the first 24 hours after a flood to stand the best chance of financial recovery. These include:

An attorney can help a property owner determine his or her legal options after a flood, handle problems with difficult insurance companies, and explore additional options for recovery beyond the scope of insurance coverage.

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Can You Sue for an Unnecessary C-Section?

Tue, 06 Nov 2018 22:37:00 GMT

Medical professionals have a duty to treat their patients’ conditions appropriately using approved methods and to account for changes in a patient’s condition during treatment. Childbirth is a complex procedure with many risks. When certain conditions make vaginal birth impossible, such as the position of the infant, the mother’s anatomy, or other physiological factors, a doctor may make the decision to perform a cesarean section procedure to save the life of the baby, the mother, or both.

If a patient doesn’t expressly request a C-section or tells her doctor that she does not want one, the doctor must have a medically sound reason for moving to surgery. Typically, this means either the baby’s or mother’s life is at risk and that a speedy surgical birth is medically necessary. Unfortunately, some doctors are hasty to recommend C-sections or do so to charge patients more for complicated surgical procedures.

C-sections are generally more expensive than traditional childbirth procedures and they have the potential to cause long-term medical issues for some mothers. Doctors must only perform C-sections when patients explicitly request them or in emergencies.

Unnecessary C-Sections May Constitute Medical Malpractice

A medical professional commits medical malpractice whenever he or she fails to meet an acceptable standard of care for a given patient’s condition. A doctor must use a thorough diagnostic process to assess a patient’s condition, treat his or her symptoms appropriately, and determine recovery concerns and possible long-term complications.

While medicine is an inherently uncertain field and honest, understandable mistakes can and do happen, medical malpractice occurs when medical professionals perform medical procedures incompetently, fail to inform patients of the risks of a suggested treatment, or commit fraud for financial gain.

When an expecting mother requests a planned C-section, the doctor must secure the patient’s informed consent to the procedure. This means the doctor must carefully explain the potential risks, side effects, and possible long-term complications that could arise from the procedure. The doctor must also consider the patient’s individual health and explain why the procedure is or is not a good choice for her.

If a doctor recommends a C-section that the mother did not specifically request, he or she must explain the reasoning behind this suggestion with medically sound facts. If a doctor fails to disclose known risks or other important aspects of a C-section to a patient, then the patient cannot provide informed consent.

If a doctor simply moves to a C-section to charge a patient more and commits any type of fraud or omits vital information for the patient, the doctor may face criminal charges in addition to civil liability for the patient’s damages. Doctors who commit fraud for financial gain typically lose their license to practice medicine.

How to File a Lawsuit for an Unnecessary C-Section

The determining factors in whether a patient has grounds for a medical malpractice lawsuit are the resulting damages and the doctor’s violation of the standard of care. If the patient suffered no tangible loss or incurred no financial issues from the doctor’s actions, then there are no grounds for a claim. However, C-sections entail surgical recovery, prescription pain management, and generally more extensive recovery than traditional childbirth. It is highly unlikely for an unnecessary C-section to come at no cost to the patient.

If a doctor did not secure informed consent or otherwise committed medical malpractice, the patient could sue for her longer recovery time, the physical pain from recovering from surgery. If the procedure resulted in any medical problems or long-term damage, the patient would also have grounds to claim compensation for the damages related to treating these issues and the pain and suffering endured for their duration. Anyone who has suffered a medical problem resulting from a C-section or believes a doctor misinformed her of the risks of a C-section should contact an experienced medical malpractice attorney as soon as possible.

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Are Older Workers at a Higher Risk of Workplace Fatalities?

Thu, 18 Oct 2018 21:34:00 GMT

Many people in the American workforce are pushing retirement past the usual age of 65 and working longer. Unfortunately, older workers, especially those in high-risk industries, are at a greater risk of suffering fatal injuries at work than younger employees. In 2015, 35% of all workplace fatalities involved victims age 55 or older. In California, the rate of fatal injuries to workers over 55 was 60% higher than the average. Many reasons for this exist, and it’s vital for workers of all ages to know the most common causes of workplace fatalities and which industries face the most severe risks.

Natural Effects of Aging

Older adults are naturally less resilient to injury than younger folks. As the body ages, it becomes more difficult for it to repair itself after an illness or injury. Older employees need to use extra caution if they suffer from deteriorating conditions or other aging-related health concerns that may pose a risk at work. Chronic conditions that often affect older individuals such as back pain and arthritis may also increase the risk of injury.

Aging also impacts reaction time, visual acuity, and some problem-solving skills. An older worker may struggle to fix an issue before it leads to a serious injury or fatal accident or may not have enough time to react to a sudden safety hazard.

Complacency

Complacency is a major issue in many industries. Construction workers who perform the same jobs day in and day out may eventually start to neglect safety standards, and this can easily cause an accident. It’s essential for workers in high-risk jobs to follow safety regulations on day 1,000 as closely as they followed them on day one. A worker may have done the same job for decades, but as he or she grows older, complacency can easily lead to fatal accidents.

Poor Lighting

Older individuals may experience eyesight deterioration over time. Poor visibility can easily lead to fatal falls and other workplace accidents. Employers can help reduce the chances of these accidents by installing high-quality lighting and repairing broken lights as soon as possible. Employers may also offer discounts for employees to purchase heavy-duty, antiglare eyewear to limit the risk of accidents caused by poor visibility.

More Difficult Recovery After Injury

People over 55 generally have a harder time recovering from injuries and illnesses than younger individuals. Some workplace accidents may result in serious injuries, and a younger worker may make a full recovery with time while an older worker may suffer tremendously or succumb to his or her wounds. A workplace injury may also exacerbate common preexisting conditions that many older workers experience, such as chronic back pain, arthritis, and other medical conditions.

Legal Options After Fatal Workplace Injuries

The surviving spouse or other family members of an older worker who perished from a job-related accident may have several options for recovery depending on how the accident happened. In the event of a fatal accident from negligence, the victim’s surviving family may be able to pursue a wrongful death claim against the responsible party. An employer who allowed a safety issue to persist in a workplace or failed to meet required government compliance standards may face heavy fines and other legal penalties after fatal workplace accidents.

Older workers face an increased risk of workplace injuries, so it is essential to account for the various factors that may amplify the risk of fatal injuries at work. It’s also important to assess the risk of fatal workplace injuries in different industries. For example, construction is statistically the deadliest industry with the highest rates of injuries and fatal accidents by a wide margin. Other high-risk industries include transportation, warehousing, agriculture, and professional business services. Regardless of industry, older workers must take their personal health and the concerns of aging into account every day on the job to limit their risk of suffering fatal injuries .

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Motorcycle Safety at Dusk and Dawn

Tue, 16 Oct 2018 21:31:00 GMT

Motorcycles are great fun to ride, but they are also vastly more dangerous than enclosed passenger vehicles that have safety features protecting drivers when motorcycle accidents happen. Many risk factors make motorcycling more dangerous than driving a typical car and one of the most dangerous and most common is riding in low light. Motorcycling at dawn and dusk present several significant risks that all motorcycles should acknowledge.

Make Yourself More Visible

Riders should ensure their bikes are as visible as possible in low-light driving situations. This means keeping track of headlights, taillights, and turn signals and addressing any issues promptly. It’s also a good idea to keep spare bulbs in a storage compartment of the bike for every ride. Dirt, bugs, and other debris may cake the headlight and reduce visibility for the rider. A defunct taillight can make it impossible for a driver behind the bike to notice the rider in low-light situations.

Reflectors also help riders be more visible to passing drivers. Consider attaching reflective tape to your motorcycle helmet and jacket, and make sure to regularly check the reflectors on your bike. Replace damaged or destroyed reflectors as soon as possible and be sure to position them correctly on your bike for maximum visibility.

Maintain Your Own Visual Range

Many motorcyclists have full-face helmets that come with shatterproof visors. Darkened or sun-tinted visors can help reduce glare and improve a rider’s visual range during the day, but these visors may be a liability at night and restrict a rider’s vision. Consider purchasing an additional clear visor for your helmet or keep an extra helmet with a clear visor ready for when you need to ride at dusk or dawn. You can also keep a pair of shatterproof glasses with you, so your darkened visor won’t restrict your vision.

Stretch Your “Buffer Zone”

You should always keep a buffer zone between your vehicle and the next one in front of you, no matter what type of vehicle you drive. Many drivers follow the rule of thumb of one car length per 10 mph of driving speed. For example, when driving at 30 mph, it’s a good idea to keep three car lengths of space between your vehicle and the one in front of you, so you have ample time to stop in case the driver in front of you suddenly stops.

It’s a good idea for motorcyclists to increase their following distance at night. One car length per 10 mph may be enough during daylight hours but may not be enough at night. Stretching your following distance gives you much more time to react to other drivers’ actions and allows you to spot road hazards more easily.

Watch for Wildlife

Many animals are active at night, and the risk of encountering dogs, raccoons, deer, and groundhogs on the road is higher at night. If you are traveling anywhere where wildlife on the road could be a concern, reduce your speed while driving at night. A car may hit a raccoon or a groundhog and barely notice it while the same impact could cause a severe accident for a motorcyclist.

Never Ride Under the Influence

Alcohol is a major contributing factor to thousands of fatal motorcycle accidents and serious injuries every year. The National Highway Traffic Safety Administration reports that alcohol contributes to more than 25% of all fatal motorcycle accidents each year. It’s vital to refrain from drinking alcohol or consuming illicit drugs before riding or driving any type of vehicle. The risks of driving under the influence are even greater at night or in low-light situations like riding at dusk or dawn.

These are just a few ways to limit your risk of serious injuries and fatal accidents while motorcycling. Review your area’s motorcycle laws to ensure you meet the minimum insurance requirements and your state’s helmet laws. Although not every state requires riders to wear helmets, doing so drastically increases your chances of avoiding a fatal head injury in an accident.

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Safety Tips for Walking at Night

Thu, 11 Oct 2018 21:27:00 GMT

Many Americans enjoy walking for regular exercise or leisure, and many others walk to and from work and school every day. When people walk at night, there are different rules for nighttime walking they should follow to avoid injuries and accidents, as there are several additional risks to walking at night. If you or a loved one regularly walks in the evening hours, keep the following safety tips in mind.

Improve Visibility

If your walking route takes you anywhere near where vehicles are traveling, you need to make sure drivers can see you. Wear clothing with reflective patterns or add reflective tape to your walking outfit so passing drivers can spot you more easily. If possible, stick to well-lit walking routes and sidewalks and avoid dark or poorly lit areas. This is especially true in metropolitan areas with higher rates of muggings and other violent crimes. Attackers generally wait in dark and hard-to-see areas for unwary victims to pass.

Have the Right Gear

You should wear comfortable shoes if you plan to walk a significant distance or walk for exercise. If you work in an office building and walk home every night, keep your sneakers with you to change into before you head home. If a walking path takes you away from streetlights or through darkened paths, you may want to keep a small flashlight or headlamp with you. A headlamp is especially useful because it will provide a great light source while keeping your hands free. While it’s also a good idea to let someone know when and where you will be walking, you should limit cell phone use while walking at night to keep your hands free. Cell phones are distracting and could give a criminal an easy means of catching you by surprise, or it could lead to an injury from a slip and fall .

Safety in Numbers

If possible, always walk with a partner or in a group. If you’re walking alone, stick to paths with other walkers. Drivers generally do not expect to encounter many pedestrians at night, especially outside of large urban areas, so use extra caution if you need to cross a street. Avoid alleys and other less-traveled paths. If you notice something out of the ordinary on your usual route, or you suspect that someone with ill intent is following you, try to adjust your route back toward more populated or well-lit areas to deter any potential attacks.

Trust Your Instincts

It’s a good rule of thumb to remember that if something doesn’t feel right to you, it probably isn’t. If you feel uncomfortable or you have an instinctual feeling that someone nearby may try to harm you, adjust your route and head toward the safest place nearby. For example, if you are walking at night and think someone is following you, you could enter a café or restaurant for a few minutes until you feel that it’s safe to continue on your way.

Consider Self-Defense in High-Risk Areas

Walkers who live in urban areas or any other places with high crime rates may also want to consider self-defense options. Many non-lethal self-defense devices are available, including whistles, pepper spray, and mace. Some states allow licensed firearms owners to carry concealed handguns, and a personal firearm is one of the best ways to dissuade a would-be attacker from attempting to victimize you. The decision to purchase and carry a firearm is a personal choice, so do some research about the gun laws in your state if you believe a firearm would be a reasonable precaution for walking in your area.

Many people enjoy walking at night to exercise before bed while others simply work late and find walking home to be the most efficient commute. No matter why you walk at night, keep these tips in mind to limit your risk of injury or victimization.

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Stepladder Safety Tips

Tue, 09 Oct 2018 21:22:00 GMT

The National Safety Council reports that falls are the leading cause of nonfatal injuries for all age groups and the second most common cause of accidental workplace deaths after highway accidents. Thousands of people suffer serious or fatal injuries from falling every year, and many of these falls involve stepladders.

Many people rely on stepladders at work, including construction workers, painters, and window cleaners, and these professionals typically use specialized, heavy-duty stepladders for their work. Private homeowners often purchase their own stepladders for home repairs like cleaning gutters and repainting interior rooms. No matter how an individual uses a stepladder, a few universal safety tips that anyone can follow can limit the risk of falling injuries.

Choosing the Right Stepladder

If you are purchasing a stepladder for a specific purpose, make sure the ladder is tall enough and sturdy enough to handle your weight as well as the weight of any tools you’ll need while working. Most stepladders feature a small shelf that extends away from the steps near the top of the ladder, and this is where you would store a paint can, your drill or screw gun, or other tools while you work. Most ladder manufacturers will clearly mark this shelf as “not a step” and include a weight limit, so make sure to keep this in mind while you work.

Most ladders for household use and some light commercial work have load limits of 200 to 250 pounds, while special duty and extra heavy-duty ladders for construction work and other industrial applications can support 350 pounds or more.

Proper Setup and Ladder Use

You may need to use a stepladder indoors on a carpeted floor or outside in the grass. You should always try to set up your ladder on dry, sturdy surfaces, but if you need to set up your ladder on any type of soft or potentially slippery surface, place a sturdy board under the legs of the ladder for extra stability.

Make sure your stepladder is completely open before climbing. Locking struts between the legs of your stepladder keep it locked into place as you climb, so make sure to engage the fasteners on these struts for the most stability. If you attempt to climb a ladder without fully extending the legs, it may snap closed as you climb and send you tumbling to the ground. Additionally, never attempt to climb on the support struts for additional height.

Modular and Extension Ladders

Some stepladders can convert into extension ladders, so you can reach even higher places. However, an extension ladder does not have the same amount of stability, and you must use extra caution when placing and using them. A good rule of thumb is to place the bottom of your extension ladder about one foot away from a wall for every four feet you need to climb. If you need to extend your ladder to reach 12 feet off the ground, the bottom of the ladder should be about three feet from the wall.

Never rest the upper portion of your ladder against unstable surfaces like windowpanes or unfinished drywall. Additionally, if your ladder cannot extend to the full height you need to complete your work, never attempt to place anything under the ladder for additional height, such as a box, barrel, or any other object.

Ladder accidents can happen in the home or at work for several reasons, but when negligence or a defective product causes an accident, victims need to know their options for legal recourse. If you believe a ladder injury occurred due to a defective product, you could pursue a product liability claim against the manufacturer. If a negligent coworker or supervisor created the hazard that caused your injury, you might have grounds for a personal injury lawsuit . An experienced attorney can help you determine your best options after a stepladder injury.

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Who Pays for Emergency Airlift Costs?

Thu, 04 Oct 2018 21:19:00 GMT

Health care costs in the United States are notoriously expensive, and some of the most exorbitant health care costs today result from airlift rides. If you or a loved one ever requires air rescue after an injury, airlift fees will likely be one of the most expensive items in your medical bills. Many Americans are not aware of how their personal insurance coverage applies to airlift costs, and in a life-or-death situation it may be impossible to ask the victim’s permission to evacuate by airlift. It’s possible to wake up after a catastrophic accident only to discover an enormous medical bill for an airlift ride. Everyone should understand how insurance coverage can affect airlift costs and what to expect after an accident requiring airlift rescue.

What Is an Airlift?

When an individual suffers extreme wounds but is very far from the nearest emergency room or in a remote location, an air vehicle will retrieve the victim and take him or her to the nearest medical center. Some patients requiring specialist care may need to travel with medical equipment, and airlift vehicles help transport them to medical centers all over the world. Helicopters are useful for retrieving victims from remote locations and dense urban areas where planes cannot land. Airplanes help with longer-distance medical evacuations or for transporting a patient in critical condition to a specific treatment center.

Airlift costs can run thousands of dollars for a short flight, and as much as $25,000 in some cases.

A private health insurance policy may or may not contain air ambulance or airlift coverage. Some insurance carriers will cover a small portion of the fee while others will charge higher premiums for policies that include air ambulance coverage. However, if a policy only covers a few hundred dollars it will cover only a tiny fraction of the total bill for a single ride.

Airlift Insurance and Private Services

If you believe you may need air ambulance coverage or want to purchase additional coverage, remember that more extensive coverage will lead to higher premium payments. An insurance policy may also dictate terms for “medical necessity.” A physician may determine that a patient needs immediate, life-saving care from a certain specialist or treatment center that specializes in a procedure. If a physician deems an airlift a matter of medical necessity, insurance may cover it.

Some individuals may purchase airlift services from private air ambulance companies for non-emergencies, and these companies typically use an insurance coordination service. For example, an individual who suffered a severe injury while on vacation may require long-term hospitalization but is no longer in critical condition. He or she may pay for private air ambulance travel in an aircraft equipped with the necessary medical equipment. The cost and coverage that can apply to these services generally hinges on whether your insurance carrier coordinates with the service provider.

Liability for Airlift Costs

Many medical emergencies necessitate airlift evacuation for critically injured victims, and when these incidents happen due to negligence, those victims should know their options for legal recourse. Airlift fees are just one of several possible medical bills after catastrophic accidents , and victims of negligence can pursue civil claims against the parties who cause those accidents.

In a personal injury claim, the plaintiff can pursue compensation for any medical expenses resulting from the defendant’s negligent behavior. For example, a drunk driver causes a severe accident in a remote location and one of the drivers involved requires airlift evacuation due to excessive bleeding. If the victim later pursued a civil claim against the drunk driver at fault for the crash, the plaintiff could secure compensation for hospital bills, long-term care costs, physical therapy, and emergency transportation costs from the defendant.

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Electrical Safety for Kids and Adults

Tue, 02 Oct 2018 21:13:00 GMT

The vast majority of people today depend on electricity for daily tasks at home and at work. Kids today play with more electronic and digital devices than any other previous generation. Despite the massive proliferation of electrical systems and electronic devices in recent years, many people take electronic devices for granted. Many electronics are capable of seriously damaging or deadly shocks. It’s essential for people of all ages to know some electrical safety best practices.

Risks of Electronic Devices

Virtually every American home has electrical wiring and at least a few electrical appliances. These appliances may include TVs, dishwashers, laundry machines, clothes dryers, refrigerators, and countless other devices. Before installing or handling any type of electrical device or any device that requires an electrical source for power, consult the included owner’s manual or instructions to determine any safety hazards. Always follow instructions for any electrical device you purchase. If the manufacturer failed to include necessary safety warnings or instructions, you may have grounds for a product liability claim if a dangerous or defective product causes an electric shock.

Most of the best ways to avoid electrical injuries in the home are common sense. Never clean or attempt to repair an electronic device without unplugging it from the electrical outlet or power source. Never insert foreign objects into electrical devices to attempt to repair them or remove debris or other particles. When you leave your home for work or any other extended time, make sure to switch off your lights and other electronics. Never leave space heaters, ovens, or other electronic heat sources powered on while you’re out of the house.

Electric Shock-Related Injuries

Electric shocks are not only painful; they can also cause severe medical issues including nerve damage and cardiac problems. The human body generates its own electrical signals, and any exposure to high-voltage electric discharge can disrupt these signals and damage nerve endings. Electricity can cause severe injuries to adults, but children face an even greater risk of electric shocks. Children are smaller and less resilient to harm than adults and therefore more vulnerable to catastrophic injury from electric shocks.

Electronic Kids’ Toys and Game Systems

Kids should know basic electrical safety as well. If your children play with any devices that require electrical outlets, make sure your children know to never play with cords or pull them from outlets. If you notice any frayed or damaged cords, remove them immediately. If your children use handheld electronic video game systems or tablets that require chargers, keep the chargers in a safe location and retrieve them when necessary.

If you have very small children, there are many devices you can purchase to protect your little ones from electric shocks. Consider purchasing covers for electrical cords and locking covers for outlets. This will prevent small children from damaging cords and suffering shocks or sticking objects into wall outlets.

Electrical Safety at Work and Home

The average American home has many electronic devices and electrical systems. If you need to plug multiple devices in within the same room but are short on outlet space, only use a surge protector with actual shock protection instead of an extension cord or outlet adapter. Some modern outlet adapters feature surge protection, too.

If your workplace contains any electrical fire or electric shock risks, use extra care in dangerous areas and report known safety issues as soon as possible to a supervisor. If a negligent supervisor or employer receives notice of an electrical hazard but fails to correct it in a timely and acceptable manner, any employees who sustain injuries as a result would have grounds for personal injury lawsuits against the employer.

Ultimately, common sense and following directions included with electronic products are the best methods of preventing electrical fires and injuries from electric shocks. If you or a loved one sustained an electrical shock injury due to the negligence of another party, consult a personal injury attorney about your options for legal recourse.

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Can I Sue Over a Prescription Error?

Wed, 19 Sep 2018 22:51:00 GMT

For many Americans, prescription medications are essential for their health and wellbeing. However, medications are not foolproof. Many have side effects, can interact negatively with other drugs, and may not work properly if taken in the wrong dosage. These complications are the reason that there are such strict regulations on prescription medications.

However, even careful regulations cannot prevent errors. When a patient receives an incorrect prescription, it can have terrible consequences. Though some victims of prescription errors only experience minor effects and discomfort, many others are not so lucky. If you or a loved one suffers damages or death as a result of a prescription error, can you sue?

Prescription Error Lawsuits

In short, it is possible to sue for a prescription error. These cases fall into two categories: medical malpractice and product liability.

Most cases involving prescription errors are medical malpractice. This is because doctors, nurses, hospitals, pharmacists, and other medical professionals have a duty to care for their patients. When an error on their part leads to suffering for the patient, they have violated their duty of care, which then makes them liable for any damages. Some forms of medical malpractice related to prescription errors can include:

Sometimes the error isn’t the fault of the doctor, but instead the fault of the prescription manufacturer. A manufacturer may not properly label shipments, neglect to provide adequate instructions or warnings of side effects or distribute ineffective medication. In these cases, the doctor or pharmacist may have prescribed or distributed the right medicine, but the manufacturer’s error resulted in damages. These cases are instead categorized as product liability, but they still give the patient a right to compensation.

Risks of Prescription Errors

Part of what makes prescription errors so serious is the devastating effects they can have on victims’ lives. While the exact effects will vary based on the patient’s health history, medications, and the extent of the error, some potential damages that can result from prescription errors are:

Sometimes these damages can have life-altering consequences. When this happens, you have a right to not only recover compensation for experienced damages, but also for any future medical bills, lost wages, and pain and suffering that happened because of the error.

Filing a Lawsuit for a Prescription Error

As a medical malpractice or product liability case can lead to facing down a large hospital or corporation in court, it can feel intimidating to start a lawsuit. However, you still have a right to compensation for any damages resulting from the error. To have a case, you must be able to prove that:

As medical malpractice and product liability are complicated areas of law, it’s in your best interest to hire an experienced medical malpractice attorney rather than representing your case on your own. A lawyer will be able to help you prove liability and can bring in expert witnesses who are able to establish the standard of reasonable care that contrasts with the liable party’s actions.

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What Are the Most Common Types of Construction Site Accidents?

Mon, 17 Sep 2018 22:47:00 GMT

Construction jobs carry many risks. Workers are regularly in conditions that can lead to serious injury and even fatalities. With more than 300,000 nonfatal injuries and illnesses and roughly 5,000 deaths for construction workers on the job annually, there are several ways in which construction accidents can occur.

Falls

Many construction accidents are the result of falls. Construction workers routinely work on scaffolding, roofs, ladders, cranes, and other heights. While a fall from a short distance may not cause much injury, greater heights can easily lead to life-changing injuries.

Electrocution

When working on a project, a construction worker may routinely handle powerful equipment or even electrical components that are part of the installation. Malfunctions and improper handling of these products can lead to exposure to high voltage currents, which can cause severe burns. Some burns may not be extensive, but higher degrees of damage can cause disfigurement and even put the worker at a risk of infection and other medical complications.

Falling Objects

Besides the risk of falling themselves, construction workers also need to be aware of falling objects in the workplace. Even something as small as a wrench can cause serious damage when falling from a great height. Tools and improperly secured materials can lead to broken bones, concussions, brain damage, and spinal injuries, even when workers are using safety equipment.

Chemical Spills

If a construction project involves chemicals in the area, that chemical may spill. Depending on the substance, workers can suffer damages when touching the chemical and/or breathing in any toxic fumes.

Equipment-Related Accidents

Construction workers routinely work with dangerous equipment. Heavy machines like cranes can fail, trapping workers or even dropping people or objects from great heights. Handheld equipment is also a risk, such as a nail gun misfiring and damaging the user or another worker.

Structure Collapse

Improper construction, inclement weather, building demolition, and other errors can cause an in-progress structure to collapse. This type of accident is dangerous for any workers that are on the structure at the time of collapse, as they can suffer a fall or become trapped between debris, and for anyone near the structure, who can also be caught in the fall.

Vehicle Accidents

Construction sites see many vehicles coming and going daily. While these vehicles are essential for bringing in needed parts and equipment, they can also create great risks. If a truck driver isn’t aware of the surroundings or a supervisor doesn’t properly control a worksite, a construction worker may suffer damages by becoming caught between large vehicles or even run over as the trucks back out of the site.

Fires and Explosions

Exposed wiring, flammable chemicals, and leaking pipes are often at construction sites. These items create a risk for fires and explosions, which can cause extensive damage to workers in the form of burns, oxygen deprivation due to inhaling smoke, broken bones when caught in collapsing debris, and other forms of serious or potentially fatal injuries.

Collapsing Trenches

Trenches can run the risk of collapsing as workers build them. When these accidents happen, it’s often without warning, making it difficult for workers to prepare themselves. Those caught in a collapse are at risk for serious injury or death due to the weight of the collapsed area.

Heat Stroke and Overexertion

Construction workers often work long hours in difficult conditions. When working during the day, temperatures rise and put workers at risk for heat stroke and stress, which can lead to kidney, heart, and brain damages. Overexertion can also have detrimental effects on the worker’s health. In some cases, both of these conditions can lead to death.

Even the most prepared of construction sites and workers can still experience accidents. Because these are workplace incidences, an injured individual may be eligible for worker’s compensation. Receiving proper medical care and consulting an attorney shortly after an accident can help make a successful claim.

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How Do You Determine Liability for Food Poisoning?

Wed, 12 Sep 2018 22:44:00 GMT

Food poisoning can be an uncomfortable situation at best, no matter who you are. The feelings of nausea, exhaustion, and other symptoms can easily put you out of commission for several days. Depending on the bacteria that caused your food poisoning, you may even be at risk for further health complications.

With so many potential sources of food poisoning, it’s possible that any number of foods can cause your illness. When that food comes from a restaurant, you do have a legal right to pursue compensation. However, it can be difficult to prove liability in such cases, which can cause complications if you wish to make a successful claim.

Proving Liability for Food Poisoning

Sometimes, symptoms of food poisoning start to appear shortly after eating contaminated food. In others, there can be a delay of several hours between the meal and any resulting illness. While you may suspect that your meal at a restaurant is the source of your food poisoning, it can just as easily be from something else you ate, or even another illness like the stomach flu.

One of the first things you can do to establish liability for your case is to visit a doctor to confirm that you do have food poisoning, and not some other illness. Having a medical record will confirm your symptoms and give you a solid foundation for your claim. You are not required to be hospitalized in order to have a valid claim.

From there, you will need to establish the negligence that led to your illness. When building cases against restaurants, this usually works by proving that the restaurant did not follow safety standards in storing, preparing, and serving food. You will then need to make a connection between that negligence and the food you ate, which then resulted in your illness.

Proving that the restaurant’s food was the cause of your food poisoning is often one of the most challenging aspects. One method you can use is to take any leftovers you have of your meal in for lab testing. While this may reveal bacteria in your food, however, it is likely that the restaurant may counter that the bacteria growth happened because you failed to properly preserve it, after leaving the restaurant.

You can have a much better chance of proving liability if several people become affected by food poisoning by the same source. This can involve several people becoming ill after sharing food at a restaurant, or product recalls on infected food products. For such cases, proving liability involves showing that known contaminated products were in use at the restaurant you visited.

Knowing When a Food Poisoning Case Is Worth It

Because of the complications in proving liability for food poisoning, it may not be worth the effort to pursue a lawsuit. Unless your illness was serious, your total damages may not bring you any worthwhile compensation for the time and money spent on pursuing a legal claim.

However, food poisoning cases that involve E. coli, salmonella, and other dangerous bacteria can cause greater health complications, and can have higher damage rewards for affected parties. Children and the elderly are also at greater risk when exposed to food poisoning, so such cases may also be more justified.

When in doubt, you can always contact a Houston personal injury attorney to learn about your options. And if you choose to sue the restaurant that caused your food poisoning, we can help you prove liability and pursue your rightful compensation.

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What Are the Texas Right-of-Way Laws?

Mon, 10 Sep 2018 22:38:00 GMT

Following traffic laws is essential to safe roadways for motorists and pedestrians alike. While many laws are well known, such as when to drive at traffic lights and stop signs, unmarked roads and intersections can cause some confusion – as well as potential accidents. As such, understanding Texas right-of-way laws is critical when driving.

Right-of-Way at Intersections

When people don’t follow the proper right-of-way at an intersection, the risk for collisions increases as multiple vehicles approach from different angles. To reduce the chances of vehicles entering each other’s pathways, Texas right-of-way laws state that:

Yielding the appropriate right-of-way at intersections allows everyone to reach their destinations safely.

Right-of-Way to Emergency Vehicles

If a police car, ambulance, or fire truck is using its bell, siren, or flashing red light, then they have the right-of-way. You should move out of their pathway as soon as possible by pulling over or into another lane. If an emergency vehicle approaches while you are in an intersection, continue through and pull over to the right when it’s safe. Never stop in the middle of an intersection, even for emergency vehicles.

Right-of-Way for Pedestrians

In addition to vehicles, pedestrians also have a right-of-way when crossing roads. Rules for pedestrians are as follows:

As a motorist, you have a legal duty to remain aware of pedestrians while driving, while pedestrians are on, or alongside, the road.

Penalties for Right-of-Way Violations

While ignoring right-of-way may not seem like a big deal to some, it is still a violation of Texas law. If you fail to yield to a pedestrian or another vehicle, you may face a fine of anywhere between $50-$200. Fines can increase to $500-$2,000 if you injure another person, and even higher to $1,000-$4,000 if the injuries are serious. In addition, you will receive two demerit points to your driver’s license for failure to yield, and three if that violation results in injuries.

Ignoring proper right-of-way procedures can also have an adverse effect on your claim if you end up in a personal injury lawsuit due to a car accident . Ignoring your duty to follow proper roadway laws can make you partially liable for the accident. Even if you suffered injuries and the other party didn’t, you could receive reduced compensation in relation to your contribution to the accident. In some cases, you may not receive any compensation at all.

Following proper right-of-way laws doesn’t just protect you legally, but also helps you and others stay safe on Texas roads.

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Why Is the “American Rule” Important?

Wed, 05 Sep 2018 22:34:00 GMT

When working with a personal injury attorney , you may be wondering, “what happens to my legal fees if I lose my case?” Fortunately, most personal injury lawyers work on a contingency fee basis, which means that you don’t pay for any legal expenses if you don’t receive any compensation from your claim. If you do win, your payment will depend on the agreement set by you and your attorney at the beginning of your case.

This sort of arrangement is possible thanks to the so called “American Rule,” a part of our country’s legal system since its inception. So how does this rule help you and the legal system in personal injury cases?

What Is the “American Rule”?

The premise of the American Rule is that all parties involved in a lawsuit or other legal matter will pay their own individual attorney fees, regardless of who wins and loses a case. It’s possible to have an exception to this rule through a previously agreed-upon statute or contract in place, but in most cases, this rule means every party only needs to consider their own legal fees, and not anyone else’s.

While this may be the most familiar system, it’s doesn’t exist anywhere else in the world. The colloquial term, “American Rule,” is derived for being unique to the United States. At the founding of the country, this rule contrasted with the legal system in Britain, where the losing party would pay everyone’s legal fees. Other countries have their own distinct policies and laws in place about this matter.

How Does the “American Rule” Help?

Putting the burden of paying for the attorney fees of everyone involved in a case on the losing party seems unfair. After all, many lawsuits, especially those involving personal injuries, happen because a party needs compensation for damages they can’t cover on their own. For such parties that are in dire financial straits before a case, making them pay for expenses in the event of a loss may put them in further distress.

On a similar note, both the attorney and the client work to agree upon the legal expenses involved in the case. Without the American Rule, many people would end up responsible for fees of the other party, to which they had no control in negotiating. When there is financial disparity between the involved parties, one individual may end up with a bill that far exceeds their ability to pay. Rather, this rule allows people to take their cases to court without the fear of shouldering the costs of a wealthier individual or corporation’s attorney in the aftermath.

Likewise, the American Rule helps avoid drawn-out cases. Attorneys and clients on both sides need to consider the cost of an ongoing case because, no matter the result, the client will be responsible for the ensuing legal fees. Resolving the claim through settlement negotiations costs less and can be a preferable option for all parties. Settlements take less time, thereby lightening burden on the judicial system.

Countries may debate whether the American Rule is the best approach to handling legal fees, but this system helps protect the rights of everyone who enters a lawsuit, no matter who the opposing party may be. Unless your case involves qualifying contracts or statutes, you can count on the American Rule to keep your legal fees reasonable, even in a loss, as you agree upon them with your attorney.

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What Is a Truck Underride Accident?

Mon, 03 Sep 2018 22:22:00 GMT

Commercial trucking accidents come in many different forms – and the results are often devastating for those who end up in them. Commercial trucks and eighteen wheelers are responsible for nine percent of traffic-related fatalities, despite these trucks having a much lower percentage of total vehicles on the road. Truck underride accidents are one type of accident that can be particularly tragic for those involved.

What Is a Truck Underride Accident?

A truck underride accident happens when a smaller passenger vehicle ends up wedged underneath the tractor trailer of an eighteen-wheeler. Most often, these accidents cause the top of the passenger vehicle to be sheared off. Depending on the angle that the car becomes wedged underneath the truck, it can also lead to the truck driving over the smaller vehicle, crushing it and the passengers.

As expected from such devastation to the vehicle, anyone in the passenger vehicle during a truck underride accident will become severely injured – decapitation, amputation, and paraplegia are all commonly seen injuries. Others may even face fatal consequences, with approximately half of the total eighteen-wheeler related deaths per year happening as a result of underride accidents.

How Do Underride Accidents Happen?

While it may not seem likely that your vehicle could end up slipping underneath a tractor trailer, it can still happen due to various factors. In a side underride collision, a motorist may not notice that a commercial truck is making a turn. When the two cross paths, the speed of the motorist can be enough to wedge the vehicle right under the trailer as it crosses his or her path.

A difference in speed can also lead to rear underside collisions where the passenger vehicle slams under the rear of the truck. These accidents often happen due to poor visibility or when trucks are moving slower than the motorist expects. Others even occur when the truck is stationary on the side of the road.

Inclement weather conditions can also facilitate both these types of underride accidents. Slippery roadway conditions, such as rain or ice, make it easy for vehicles to spin out of control. With reduced friction, the vehicle can have a difficult time slowing down and might build up enough momentum to slip underneath a trailer.

Ways to Prevent Underride Accidents

Aside from attentive driving practices, such as avoiding reckless driving around commercial trucks and making decisions appropriate to roadway conditions, there are safety guards that can place a barrier between passenger vehicles and the underside of truck trailers. NHTSA standards require all trucks to have rear guards in place, which can help prevent rear underside collisions.

However, US commercial trucks have no requirements for side guards, despite several efforts on the part of the National Transportation Safety Board. Many truck manufacturers cite worries about the expense of such guards, and maintenance of them can also be an issue. Instead, the American Trucking Association has put a focus on other vehicle safety technologies.

Safety measures are important, and rear and side guards can go a long way towards reducing the risk of serious injury and death in commercial trucking accidents. The Insurance Institute for Highway Safety has published results that show how strong side underride guards help prevent these types of accidents. While those in passenger vehicles may still be at risk for other injuries in such collisions, they maintain much better chances of survival than if they crashed into a truck without any form of side guards.

As time goes on, science, technology, and trucking regulations should advance to fully consider the risks of not requiring properly maintained rear and side guards on new and existing trucks. Until then, if you have suffered injury or lost a loved one in an underride accident, seek out the help of your Houston personal injury attorneys at Gordon, Elias & Seely, LLP.

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When are Restaurants Liable for Personal Injury?

Wed, 22 Aug 2018 16:49:00 GMT

There have been several cases in recent years involving restaurant customers suing restaurants after suffering injuries from very hot foods and beverages. The most famous of these cases occurred in 1994 and involved a 79-year-old woman who suffered severe burns from extremely hot McDonald’s coffee served through a drive-thru window. More recently, a woman sued a Chicago restaurant in 2017 after “piping hot” lasagna burst hot marinara sauce all over her hand, causing severe burns. In both of these cases, the plaintiff claimed that the restaurant failed to properly warn them about the intense heat of their products, and did not adequately train staff to handle these items and warn customers about the potential for injury.

The careless or negligent serving of food would generally constitute grounds for a lawsuit if the restaurant’s negligence results in harm to a customer. However, there is a measure of assumed risk whenever you eat at a restaurant. While you have an expectation for your food to be thoroughly cooked and safe to eat, you must still exercise good judgment to prevent injuries in some cases. This may include waiting for hot food to cool, and being careful not to spill anything. If the restaurant fails to give warning about a hot dish, hot food, or a restaurant employee causes an injury, then you would likely have grounds for a personal injury claim.

Filing a Personal Injury Claim for a Hot Food Injury

It’s vital to assess the strength of your claim before going forward with a lawsuit. If you attempt to pursue legal action on your own, you could have the case thrown out before it even reaches trial due to lack of evidence or failure to meet the court’s filing deadlines. After suffering any type of injury from a hot food or beverage, secure as much evidence as you can pertaining to your injury and the environment in which it occurred. This can include photos of your injury, the food, the place where you received the food, and statements from other people in your dining party or in the restaurant.

Once you have received medical care for your injury, obtain a copy of your medical report that outlines the extent of your injuries and recovery plan. Your next step should be to contact a reliable personal injury attorney to discuss the strength of your case and potential compensation. Although the McDonald’s hot coffee lawsuit resulted in a $2.7 million award in punitive damages, the court later lowered this amount to $480,000. It’s vital to avoid assuming that your hot food or beverage case will result in a multi-million dollar settlement. Your attorney can provide you with a realistic idea of the compensation you should expect from your lawsuit.

Your Case

If an attorney decides that your case holds merit, he or she will likely start gathering evidence to strengthen your case. This entails finding proof that the restaurant was careless or negligent in the service of your food, and proof that your damages resulted from this negligence. Plaintiffs in these cases can secure compensation for their medical expenses, lost income (if the injury prevents them from working while they recover), and pain and suffering damages. Burns are painful injuries that can easily cause permanent or long-term damage, and your attorney will advise you as to a realistic amount you could expect from a lawsuit.

Ultimately, you cannot expect to secure compensation for an injury that you caused yourself. It’s important to speak with a reliable attorney before taking any type of legal action, or you could wind up paying more in legal fees than your case is actually worth. If you genuinely feel that a restaurant was negligent in the preparation or service of your food and caused an injury, an attorney will help you assess your claim and determine the types of compensation you should pursue in your lawsuit.

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Who is to Blame for Perinatal Asphyxia?

Mon, 20 Aug 2018 16:43:00 GMT

A birth injury is every parent’s worst nightmare approaching a due date, and it’s important for expecting parents to understand the risks that can arise during childbirth. Perinatal asphyxia is a dangerous condition that impairs a baby’s breathing just before, during, or after delivery. Many issues may cause this, and parents need to know their rights and options for legal recourse if the condition results from negligence.

How Does Perinatal Asphyxia Happen?

This condition can occur for a number of reasons. One of the most common is a prolapse umbilical cord that comes out before the baby. A pinched umbilical cord may also cause it. A baby receives oxygen from his or her mother through the umbilical cord, so any pressure or pinches in the cord will reduce the baby’s oxygen supply, potentially resulting in perinatal asphyxia. A child born prematurely may also suffer from perinatal asphyxia due to underdeveloped lungs. In some cases, an unborn child will defecate in the womb, releasing meconium which the child may then aspirate into his or her lungs. Doctors will have to work quickly to complete the delivery and remove the meconium from the child’s lungs as soon as possible.

Perinatal asphyxia can cause brain damage within minutes, potentially impacting the child’s development in many ways. It’s also possible the child will experience seizures later in life, and the condition may impede other aspects of the child’s growth.

There are several ways to treat perinatal asphyxia, but hospital staff or attending physicians must work very quickly to do so. Treatment typically involves suctioning fluid from the baby’s lungs, introducing the baby to an oxygen-rich environment, and use of a respirator. If left unaddressed for too long, perinatal asphyxia can be fatal or result in permanent brain damage. Although some instances of perinatal asphyxia are unavoidable, when the condition results from negligence, the parents of an affected child need to know their options.

Filing a Malpractice Lawsuit

If a physician or other medical professional causes a birth injury due to negligence, inattention to patient vital signs, anesthesia errors, or any other failure to meet an acceptable standard of care, the parents may then take legal action against the responsible party in the form of a medical malpractice lawsuit. To succeed with such a claim, the parents will likely need approval from the relevant medical board, which will review their claim and determine whether it has merit as a medical malpractice case .

Proving medical negligence is similar to proving negligence in any other civil claim with a few notable exceptions. First, the plaintiff must prove that any doctor-patient relationship that existed with the defendant was official, meaning the defendant agreed to provide treatment and the plaintiff agreed to the defendant’s treatment. Next, the plaintiff has to prove how the doctor failed to meet an acceptable standard of care. This could involve using excessive force during delivery, improper use of medical instruments like vacuum tubes or forceps, insufficient patient monitoring, or poor prenatal care.

If the plaintiff can prove that the defendant failed to meet an acceptable standard of care or was negligent and caused the birth injury in question, the parents can recover compensation for their damages. This could include missed time from work to provide childcare or to stay with an infant in recovery, long-term medical expenses for the child, and pain and suffering damages. Plaintiffs should remember that there are special provisions in place for medical malpractice claims throughout the country, and many states cap or limit the amount of compensation a claimant can receive. However, anyone whose child has experienced perinatal asphyxia should contact an experienced birth injury attorney to discuss available options.

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Can I Get Disability for Gaming Disorder?

Wed, 15 Aug 2018 16:34:00 GMT

While there are countless discussions concerning the impact of gaming on youth and social networks, the reality is that most Americans play video games at least some of the time, and they should know that an excessive gaming habit can actually turn into a legitimate mental health disorder. Like any other leisure activity, gaming can become addictive, and a person who puts gaming ahead of real-world responsibilities will likely suffer for it.

Video games have moved beyond the niche hobby market they used to command, and now represent a dominant force in the entertainment market. In fact, video games have become the most profitable entertainment market over the past few decades, as the industry generated more than $108 billion in 2017 . By contrast, the movie industry only generated about $43 billion in 2017 . With this added attention, experts have begun reassessing its role in modern health.

WHO Announces “Gaming Disorder”

With these new developments, the culture surrounding video games has changed as well. The World Health Organization (WHO) recently classified “gaming disorder” as a verifiable mental health condition. The WHO describes gaming disorder as having three distinct traits:

Many people play video games every day, and many people prefer them to linear entertainment like TV shows and movies. However, just because a person spends his or her free time gaming does not mean he or she has gaming disorder. The habit must have clear negative consequences for the person’s life to qualify as a disorder.

Does Gaming Disorder Qualify for Disability?

The Americans with Disabilities Act (ADA) requires American employers to make reasonable accommodations for employees with qualifying conditions. However, the ADA does not uphold a list of qualifying conditions. Instead, the ADA reviews each case on an individual basis to determine an applicant’s eligibility for benefits. Gaming disorder is a relatively new concept, so a reviewing party may be skeptical about a claim for disability benefits.

In the unlikely event that an individual’s condition would qualify for disability benefits, this would not mean that the individual’s employer must allow the employee to install a gaming PC or console at work. However, a qualifying condition may compel the employer to allow the employee extra time off work to attend therapy sessions or counseling, if required.

Applying for Disability

If you have received a diagnosis of gaming disorder, you may wish to apply for disability benefits . The application packet is extensive and will require documentation related to the diagnosis and treatment of your condition. It is very unlikely that the Social Security Administration will offer benefits for gaming disorder, but if there is clear proof that the disorder has had negative effects on your life, you may secure some accommodations from your employer.

With any application for disability benefits, you have the option of appealing a denied claim. It’s wise to connect with a reliable and experienced attorney who can help you navigate the claims and appeals process. Ultimately, gaming disorder is a new condition with little precedent behind it, and many may simply consider it a frivolous fixation or obsessive hobby instead of a genuine mental health condition. A Houston personal injury attorney can help you determine whether your particular case would warrant an application for disability benefits.

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How to Avoid Sun Glare Accidents

Mon, 13 Aug 2018 16:31:00 GMT

Driving can be difficult in many conditions, and the sun can cause serious problems for drivers in some situations. Sun glare occurs when the sun’s light reflects off of surfaces near the road, impairing drivers’ vision and creating the perfect conditions for a serious car accident . Sun-glare accidents are most common during the colder months when the trees lose their leaves, resulting in less cover from the sun’s light. Snow and ice accumulation on the roadside may also cause blinding glare to drivers approaching from certain angles.

Sun glare can happen very suddenly and may startle a driver. It can also persist for long stretches of road in some areas at certain times of the day. For example, driving next to a snow-covered field in the lowering light of the late afternoon can mean a blinding glare that persists for quite some time. Although a driver’s sun visor may offer some relief from sun glare coming from higher angles, they will not do much to mitigate glare emanating from closer to the road surface. The National Highway Traffic Safety Administration reports several hundred sun glare accidents each year in the U.S.

Who is Liable?

Unfortunately for a driver who experiences such an accident, the fault rests squarely on the driver. After all, you cannot sue the Sun for causing an accident. Every driver must exercise reasonable care in the operation of their vehicles, and this includes accounting for inclement weather, dangerous road conditions, and sun glare.

A driver can do several things to several things to reduce the chances of a sun glare accident, including:

All of these things are simple ways to avoid sun glare accidents. If another driver hits you and expects you to understand that sun glare was to blame, contact a personal injury attorney to discuss your options. Sun glare is an avoidable hazard, and drivers have a duty to operate their vehicles with reasonable care. A driver who causes an accident due to sun glare will absorb liability for the resulting damages.

If you sustain injuries and other damages due to a sun glare accident, it’s a good idea to contact an attorney. Even if you suspect you are at fault for the accident, your attorney may be able to identify other factors that mitigate your level of liability and may even offer avenues of recovery for your losses.

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Are Trampoline Parks Safe?

Wed, 08 Aug 2018 16:15:00 GMT

Countless attractions and businesses cater to entertaining children. Trampoline parks are the latest craze growing increasingly popular across the country. While many Texas families have enjoyed these establishments, there are no current laws that regulate or govern these parks; including any state-enforced safety requirements or inspections. A trampoline park is essentially an indoor gymnasium equipped with trampolines of different sizes, foam pits, gymnastic equipment, and other activities for kids of all ages. Unfortunately, most of these establishments follow a “jump at your own risk” policy.

Assumed Risk and Liability

When an individual decides to partake in an activity offered by a business, there is assumption of risk involved. For example, if you visit a parasailing company for a day on the water, you will be assuming the risk that something could go wrong and you could sustain injuries. Similarly, if you enter a trampoline park, you will likely have to sign a waiver saying you assume the associated risks of enjoying the park.

In general, waivers or liability release forms rarely hold up in court, especially if there is evidence that a business acted negligently in some way. Some injuries may occur due to a child’s personal behavior or factors outside the park’s control, however there are some cases in which a trampoline park would be liable for a child’s injury. The determining factors are whether or not the trampoline park was in any way negligent, and if that negligence directly contributed to the child’s injury.

It’s vital to understand that although trampoline parks owe a duty of care to their patrons, there are no specific laws in place to govern their requirements in terms of safety, supervision, and age restrictions for different types of play. If you enter a trampoline park, you should acknowledge that you are assuming a level of risk by allowing your children to play in the park.

Proving Negligence

In a lawsuit involving an injury at a trampoline park, the plaintiff must prove that the park was negligent in their supervision of patrons, failed to maintain a safe and clean environment, or otherwise failed to prevent injuries to customers. The elements of negligence include:

If a trampoline park fails to maintain safe equipment, does not adequately supervise the children playing, or staff fail to enforce the park’s rules, these could all be examples of negligence if these conditions lead to a child injury. Of course, since there are no specific laws or state-level regulations for trampoline parks, plaintiffs may be somewhat limited in their options for legal recourse.

Ultimately, there is always a level of assumed risk when you enter a trampoline park, and there are no state laws that you can refer to in the event of an injury. You will need to prove that the park was negligent in some way to secure compensation for your child’s injuries. If you or a loved one experienced such an event, reach out to an experienced personal injury attorney to discuss your options. Your attorney will be able to tell you if the park’s liability waivers will be a concern, and determine other factors that may help your case.

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Drugged Driving Laws in Texas

Mon, 06 Aug 2018 16:07:00 GMT

Texas drivers should know that driving under the influence (DUI) of alcohol is incredibly dangerous and illegal, but it’s also vital to recognize that other drugs can lead to DUI charges as well. Texas generally punishes drugged driving in the same way as drunk driving, but there’s a good possibility that a drugged driver will also face additional criminal charges for drug possession, paraphernalia, and more.

Probable Cause and Implied Consent

When a police officer conducts a traffic stop, he or she will assess the driver’s condition and determine whether he or she appears intoxicated. If the police officer smells alcohol on the driver, notices empty or partially empty alcohol bottles in the vehicle, or the driver is visibly intoxicated, the police officer will likely issue a chemical test to confirm that the driver is intoxicated. While a breathalyzer can identify drunk drivers, a police officer will likely require a blood sample if he or she suspects the driver is under the influence of other drugs, such as methamphetamine, cocaine, or opioids.

In some cases, a police officer may suspect drunk or drugged driving but will not have probable cause to issue a chemical test. In this event, the officer may ask the driver to perform a roadside sobriety test. This involves a few dexterity exercises that the average person may find difficult when sober, so an intoxicated person will more than likely fail. A police officer may then use a failed sobriety test as probable cause to issue a chemical test, such as a breathalyzer. While there is no compulsion for drivers to take a roadside sobriety test, all Texas drivers must agree to chemical tests. When a driver receives a Texas driver’s license there is an implied consent to submit to a chemical test should a police officer require one.

Refusal to submit to a chemical test will result in an automatic driver’s license suspension and the police officer will likely conduct an arrest. This refusal will also work against the driver in a subsequent DUI trial.

Penalties for Drugged Driving

The penalties for a drugged driving charge mirror those for drunken driving charges. These penalties increase with consecutive offenses, so a first-time offender will receive a lighter sentence than a second or third-time offender will. Penalties also increase depending on the level of intoxication assessed at the time of arrest. For example, the legal limit for blood-alcohol-concentration (BAC) is .08% for all drivers over the age of 21. For minors, there is a zero-tolerance policy for DUI in Texas, so any detectable amount will result in a DUI charge. A driver with a BAC of .15% or higher will incur substantially harsher penalties for the extreme nature of the offense.

A first-time DUI offense in Texas will result in up to $2,000 in fines or up to $4,000 for drivers with a BAC of .15% or more. A first-time DUI may also result in jail time for three days to six months, but the maximum increases to one year for a BAC of .15% or more. A first-time DUI offender should expect driver’s license suspension for 90 days to one year as well. A second offense will result in 30 days to one year in prison, license suspension for 180 days to two years, and up to $4,000 in fines, and a third offense will lead to two to ten years in prison, license suspension for 180 days to two years, and fines up to $10,000.

It’s never worth risking a drugged driving charge in Texas. Unlike other states that allow a “washout” period for prior convictions, there is no such law in Texas. If you have questions about Texas’ drugged driving and DUI laws or have recently received a DUI charge, contact a reliable defense attorney as soon as possible to discuss your legal options.

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Can Over-The-Counter Medications Contribute to Car Accidents?

Wed, 18 Jul 2018 21:06:00 GMT

Alcohol and recreational drugs can cause significant impairment and increase the chance of motor vehicle crashes. This is part of the reason why Texas has strict laws regulating the use of substances and how much alcohol one can consume and still operate a motor vehicle. Most people are aware of the risks associated with driving while impaired.

Many people understand prescription drugs can also cause problems while driving. Despite understanding these risks, people do not exercise the same level of caution when it comes to over-the-counter medications. Think about it: The potential powerful effects of prescription medications is why a prescription is required to use them.

Potential Risks of Over-The-Counter Medicine

The mere idea of over-the-counter brings expectations to users’ minds: The medicine is so safe it does not need strict regulations to prevent complications. People understand that taking excessive amounts of over-the-counter medicines may bring illness and other problems, but that’s where the level of concern usually stops.

Over-the-counter medicines have much the same potential for risks while driving as prescription medications. There are many medicines, and even vitamins, that can lead to drowsiness and impaired focus. While that evening cold medicine may not seem like much a risk if taken before bedtime, the very same pill can present a major risk if someone consumes it before getting behind the wheel.

These sleep-inducing or focus-distracting effects can very much contribute to motor vehicle accidents . In fact, such incidents can fall into the category of driving while impaired (DWI), making driving after consuming some medications just as dangerous and illegal as driving after consuming alcohol or recreational drugs.

Medications That Increase the Likelihood of Car Accidents

Many types of medication, both over-the-counter and prescription, can be unsafe to take before driving. These include medicines for:

Those who receive prescriptions for such conditions should check with their doctors to determine if the medication is safe to take before driving. Those who purchase over-the-counter variants should always read the warning labels thoroughly for any information, even for vitamins and herbal medicines. If unsure, it is better to ask a physician or pharmacist before getting behind the wheel.

Reducing the Risk of Medication-Induced Car Accidents

Drivers who cause accidents because of medication-induced drowsiness or lack of focus are still liable for the incident – the same way drunk drivers are responsible for their accidents. This can result in unfortunate compensation costs to recover any damages suffered by the victim.

Taking steps to prevent the risks can reduce the chances of such accidents occurring. It is best to always check for potential side effects of medicines that may make operating a vehicle unsafe. Drivers should avoid any such medications when they will be getting behind the wheel.

It is possible to reduce the risk of driving under the influence even for people who take medications for chronic conditions. These drivers should discuss with their doctors if it is possible to reduce the dosage, take the medicine at a different time of day with less risk, or change to a different medication that come with the side effects of causing drowsiness or lack of focus.

Plenty of causes for car crashes already exist in the world without the risks of medication impairment. Being an informed driver can go a long way to prevent possible accidents on the road. No matter how harmless the medicine may seem, it is always best to read the label thoroughly to understand the possible side effects. When in doubt, check with your physician or pharmacist, who can provide valuable insight about a medication’s side effects.

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What Is a Truck Driver’s Responsibility in Inclement Weather?

Mon, 16 Jul 2018 20:57:00 GMT

Inclement weather creates dangerous roadway conditions for every driver. Heavy rain, fog, snow, ice, tornados, thunderstorms, and high winds can make it difficult to see the road and other vehicles and obstacles on it. Accidents in inclement weather are almost a given without proper safety precautions.

Poor weather conditions make it difficult for passenger vehicles to maneuver on the road, but commercial trucks have an even more challenging time when road conditions become treacherous. A fully loaded commercial vehicle can weigh as much as 80,000 pounds, which may be difficult to control and can cause extensive damage in an accident. Poor weather makes handling these vehicles even more difficult and dangerous.

All drivers must follow the rules of the road to help prevent accidents and make roads safer. Truck drivers have more responsibilities than the average motorist because of the greater dangers commercial vehicles present on the road. Some of these rules apply to handling inclement weather.

Pulling Off the Road

Truck drivers are well-versed in the safety concerns for their vehicles. Any driver who works under Federal Motor Carrier Safety Regulations must at least reduce his or her speed when faced with bad weather conditions. Whenever the situation is dangerous, commercial truck drivers must pull off to the side of the road and not continue travel until the weather improves.

Some truck drivers may be reluctant to stop driving if it means they will be late with their shipments, but stopping is the safest option in poor weather conditions. Reducing the risk of accidents and keeping all drivers safe is much more important than an on-time delivery.

Driving According to Weather Conditions

Many car accidents are a result of drivers failing to drive appropriately for the weather conditions, and truck accidents are no different. Truck drivers should reduce their speed appropriately to allow more reaction time in the event of an emergency or other road hazard.

In addition to speed, truck drivers should work to keep ample space between their truck and other vehicles on the road, especially between the vehicles in front of them. It can be difficult to remain patient during poor weather conditions, but doing so is essential when operating such massive vehicles.

Conducting Pre-Driving Inspections

Truck drivers are responsible for checking their vehicles before all trips, and safety regulations require the process. Driver should be sure to check all items relevant to driving safely in inclement weather, such as tires, lights, wiper blades, and windshield fluid. Such inspections should occur before every drive.

Beyond just following safety requirements, a thorough inspection can help drivers fix any issues that may make driving difficult before they become problems on the road.

Preparing Necessary Equipment

Truck drivers have the potential to travel across the country, so they may encounter all types of weather conditions on the job. A truck driver can build a safety kit for inclement weather, which can include jumper cables, tire chains, a flashlight, gloves, rain gear, and a blanket, along with any other useful items.

Even when inclement weather is the cause of a truck accident, the driver may still bear responsibility if he or she was not acting in accordance with Federal Motor Carrier Safety Regulations. Following proper procedures does not just reduce the chances of an accident – it reduces the possibility of becoming the liable party in a much larger incident.

All truck drivers have an obligation to follow safety regulations while on the road. Failure to do so can result in catastrophic accidents, especially in adverse weather conditions. Following these steps are just some of the ways drivers can reduce the chance of crashes.

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What Are Signs of Nerve Damage After a Car Accident?

Wed, 11 Jul 2018 20:41:00 GMT

Car accidents can cause many types of injuries, some which may be internal. It may be easy for the average person to recognize injuries such as cuts, bruises, and broken bones, but damages inside the body can be more difficult to recognize – and they may have long-term consequences.

Nerve damage can cause serious problems for patients, such as restricting mobility and dulling other functions. Though these injuries can be severe for the victim, timely treatment will allow two-thirds of patients to make full or near-full recoveries. Recognizing the signs of nerve damage after a motorcar accident is an important skill for any person to have.

What Is Nerve Damage?

The human nervous system has two major components: the central nervous system and the peripheral nervous system. The central nervous system consists of the brain and spinal cord, which are responsible for maintaining most major functions in the body. The peripheral nervous system consists of the millions of other nerves throughout the body.

The nerves in the peripheral nervous system are what allow us to feel, move, and control many other functions of our bodies. Nerve damage can affect these functions, making victims lose feeling, the ability to move, or create difficulty with other physical tasks. Nerves are fragile and can suffer damage through pressure, stretching, or cutting.

Types of Nerve Damage Injuries

Any kind of nerve damage can occur in a car accident. One of the most common injuries that lead to nerve damage is whiplash. The rapid motion of the neck can both pinch and stretch nerves past their limits. Collisions against objects in cars, such as steering wheels and seat belts can also put pressure on nerves, compressing them.

Lacerations in crashes can lead to nerve damage. Depending on the depth of the wound, a laceration may also cut through a nerve ending. When severed, a nerve will lose most of its functions and can necessitate lifestyle changes for the victim. Any type of nerve damage can prevent signals from reaching the brain, which can lead to impaired movement.

Signs of Nerve Damage

You can recognize nerve damage after a car crash if you experience:

If you have any of these symptoms, immediately report them to a medical professional. Fast treatment can greatly reduce the impact of nerve damage. Do not ignore any injury after a car accident.

Treatment for Nerve Damage

The exact type of treatment for nerve damage depends on the type and severity of the injury. A doctor will diagnose the type of damage and recommend treatment. Physical therapy can help victims return to their full level of functionality for minor injuries.

More severe injuries require surgery, especially in cases of lacerations. The more extensive nerve damage is, the less likely it will be for a victim to recover full functionality. Older injuries are also harder to treat. Recognizing your symptoms and receiving immediate treatment provides the best chance for recovery.

If you or a loved one has suffered nerve damage due to a car accident, you may be eligible for compensation. Contact the Houston personal injury attorneys at Gordon, Elias, & Seely LLP for a free consultation about your next steps. Your Texas personal injury lawyers can help you recover damages for this potentially extensive type of injury, making it easier for you to recover. Contact us today to see how we can put our experience to work for you.

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Is the Texas 85 MPH Freeway Dangerous?

Mon, 09 Jul 2018 20:31:00 GMT

Texas opened the State Highway 130 toll road with a speed limit of 85 mph in 2012. This quickly caught the attention of motorists in and out of state. Other states, such as Utah, boast speed limits up to 80 mph, SH 130 has the highest speed limit in the United States and the second highest speed limit in the world. Some roads in Poland beat SH 130, where the speed limit is roughly 86 mph.

Many Texas drivers flock toward toll roads to avoid congested traffic, and the higher speed limits are even more attractive for motorists who want to get to their destinations quickly. The Texas Department of Transportation (TxDOT) hoped for just that when it approved the speed limit, hoping to relieve traffic congestion between San Antonio and Austin. TxDOT also conducted tests to make sure the new speed limits were safe for drivers. Even so, is travel on SH 130 dangerous?

How Speed Limits Affect Safety

The purpose of speed limits is to keep drivers within a safe range of speed suitable for the road conditions. The risk of accidents goes down when drivers obey the speed limit. A lower speed limit doesn’t necessarily mean fewer accidents, but once the limit starts going higher there is an increase in deaths on highways .

Part of the safety of speed limits also comes in collective speed. When motorists are all traveling at the same rate, there is much less risk for an accident, as opposed to when drivers are going at a range of different speeds. Drivers traveling above or below the average traffic speed are more likely to be a part of crashes.

Many drivers feel that going “just a little over” the speed limit is acceptable, so some motorists may add another five or 10 mph over what is posted, believing they are still within a safe range. With SH 130’s 85 mph speed limit, there is a chance of drivers going upwards of 90 mph – which isn’t within TxDOT’s studied speed range.

Speed and Accidents

Increased speed may increase the number of accidents, depending on the roadway. As it stands, though, the higher the speed a vehicle is traveling, the more time is necessary to slow down for hazards on the road. Speed can make it impossible to prevent a collision if drivers are not adhering to proper distance between vehicles.

Higher speed contributes to more than the likelihood of accidents; it also contributes to the severity of accidents. High-speed collisions lead to more extensive damages due to the level of force behind the impact. Accidents at lower speeds are much less likely to cause death than a comparable crash at a higher speed.

Staying Safe on SH 130

SH 130 is still operating with its 85 mph speed limit, despite accidents on the highway. The lack of initiative to decrease the limit over the years indicates it is possible to stay safe on the road. It is up to drivers to be safe and act with responsibility and caution.

Any motorists taking SH 130 should be sure to drive at the speed limit – not above. Likewise, all drivers should avoid distractions and stay alert to react to any potential hazards. Keeping up proper vehicle maintenance and driving on good tires can also help reduce the risk of accidents, just like traveling on any other roadway.

A speed limit of 85 mph does have its dangers, especially for drivers who do not obey traffic regulations. The potential for car accidents increases as more drivers flock to the road. The risk of more severe accidents on SH 130 should encourage drivers to be alert while driving so everyone can arrive at their destinations safely.

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What Is a Pursuit Accident?

Wed, 04 Jul 2018 20:24:00 GMT

Car chases can seem somewhat like a spectator event, especially for those who are watching events play out from home. The use of these pursuits in media has heightened the excitement factor, but while watching the police attempt to catch a criminal may be fun from afar, these police pursuits bring very high risks to drivers who are on the road at the time.

Pursuit Accidents

Pursuit accidents are any vehicle collisions that occur because of a police pursuit of another vehicle. This can include the pursued vehicle crashing, the police vehicle crashing, or incidents with other vehicles whose drivers are trying to avoid the chase. Oftentimes uninvolved bystanders can become the unfortunate victims of a police pursuit.

One in every 100 police pursuits results in a fatality, according to the FBI, while one-third of all pursuits ends with a collision. What’s more: Most pursuits take place after police attempt to stop suspects for nonviolent crimes. The pursuit tactic is dangerous for everyone involved and sometimes does not even bring the desired result.

The usefulness of police pursuits doesn’t compare to the amount of damage they cause. Many law enforcement organizations are beginning to question the wisdom of using such chases when measured against the potential dangers to those involved in them.

Issues with Liability and Compensation

Pursuit accidents involve unique legal issues that differ from the typical personal injury case. In car traditional accidents, the at-fault driver becomes the liable party and is responsible for paying any resulting damages. Pursuit accidents can complicate this issue depending on which party was responsible for the incident.

In many pursuit accidents, the fleeing driver does not have proper insurance coverage, which makes it difficult for victims to get the compensation they deserve. Even if the court orders the evading driver to pay restitution, the lack of insurance can present a problem. When evading drivers must serve prison time, it becomes even more difficult for victims to recover damages.

Uninsured and Underinsured Motorist Coverage

Texas law requires all drivers to carry a minimum amount of liability insurance in case of an accident. Uninsured and underinsured motorist coverage can help injured parties recover damages after an accident, including pursuit crashes.

The prospect of being unable to recover damages in a pursuit accident is another reason for drivers to consider adding uninsured and/or underinsured motorist coverage to their insurance policies so they can file a claim if the at-fault party cannot fully cover the cost of damages. This coverage is helpful beyond police pursuits; it’s useful in any accident that has the potential of the at-fault driver having insufficient financial responsibility.

While you may not often find yourself involved in a police pursuit, the possibility exists, and if the moment arrives, you will be in a high-risk situation for an accident. Instead of facing potentially unrecoverable damages if a crash occurs, you can prepare yourself by expanding your insurance coverage.

How a Lawyer Can Help

If you or a loved one has suffered injuries in a pursuit accident, you will need the help of a skilled lawyer to properly assess the damages in your case and navigate the legal issues. Having an attorney on your side can make it easier to decide what your best steps are moving forward, depending on the evading driver’s insurance coverage.

An attorney can also help you understand uninsured and underinsured motorist coverage and assist you with filing a claim after a pursuit accident. No matter the level of damages, you can expect the attorneys of Gordon, Elias, & Seely LLP to defend your rights and assist you through the aftermath of an accident every step of the way.

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What Are Secondary Car Accidents?

Mon, 02 Jul 2018 20:19:00 GMT

Driving on Texas highways can be a frustrating experience, and the risk of accidents is often high. Distracted driving, failure to follow rules of the road, and motorists attempting to slip through traffic can all lead to crashes and injuries. But beyond these “primary” accidents, secondary car accidents are also a concern.

What Is a Secondary Car Accident?

A secondary car accident is any accident that occurs because of another car accident. Many times, secondary car accidents happen because a driver becomes distracted by the sight of an accident and takes his or her eyes off the road, causing a collision with another vehicle.

Many circumstances lead to secondary accidents, such as:

Pileup accidents via secondary car crashes are especially dangerous. The multiple collisions can cause additional damages and injury to vehicles and passengers already affected by one impact. When multiple vehicles start to congest a roadway, it can be difficult for emergency responders to get through to provide the necessary medical attention.

These chain-reaction incidents are also challenging for determining liability and fault for those seeking compensation.

Risks for Secondary Car Accidents

Secondary car accidents have many causes and can happen anywhere, but they are especially likely to occur in urban areas and places with dense traffic. If traffic is heavy and vehicles are close to each other during rush hour, one small secondary accident can easily cause a much larger chain-reaction collision.

Any primary accident that involves a commercial truck also creates a big risk for secondary accidents. The larger vehicle size means much more of the road may become obscured. When a truck is involved in a rollover accident, cargo may spill and further obstruct the roadway. Some cargo spills may involve hazardous materials, posing danger eve to drivers not involved in the accident.

Avoiding Secondary Car Accidents

A secondary car accident is every bit as dangerous as a primary accident. In the right traffic conditions, secondary incidents can create even more of a risk for a larger number of people than the initial collision. It is critical for drivers to understand what they can do to stay safe when driving past crash sites.

One of the most effective ways to prevent secondary car accidents is for all drivers to remain alert on the road. Motorists should be aware of an accident so they can navigate the crash area safely, but they not spend time focusing on the results of the crash. When they see signs of an accident ahead, such as flashing lights, drivers should slow down and move over as appropriate.

Eliminating distractions while driving overall allows motorists to be more aware of their surroundings. This makes it easier to make sure they are leaving enough space between them and the vehicles in front of them, plus noticing any changing road conditions to react in a timely manner. Drivers should not suddenly swerve or make any other erratic movements, unless it is necessary to avoid a collision.

If you or a loved one has been involved in a secondary crash on Houston roads, contact the personal injury attorneys of Gordon, Elias, & Seely LLP. We understand how stressful being in a car accident can be and want to make your claim process as easy as possible. Contact us for a free consultation.

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What Is Necrotizing Enterocolitis and How Can It Be Misdiagnosed?

Wed, 20 Jun 2018 21:03:00 GMT

A birth should be a joyous time for expecting parents and their entire family. Unfortunately, complications can occur during pregnancy or delivery. When a physician or other health professional fails to diagnose a potentially dangerous condition in a newborn, the consequences can be severe. One of these instances applies to necrotizing enterocolitis, a condition primarily affecting premature babies.

What Is Necrotizing Enterocolitis?

Necrotizing enterocolitis is a rare but devastating disease that primarily affects premature infants, but can affect any newborn within the first two weeks of birth. It occurs when bacteria invades the intestine and begins a process of local infection and degradation of the delicate, still developing intestinal tissue. Left untreated, it can lead to the destruction of the bowel wall and spillage of the contents of the intestine into the abdomen, leading to systemic infection and death.

Necrotizing Enterocolitis, or NEC, affects only 1 in 2000-4000 births and makes up about 1% of neonatal intensive care (NICU) admissions. It may occur in up to 10% of all premature infants but is extremely rare in full term babies. The exact reason for this disease onset is unknown, but several theories exist regarding why it may affect premature babies. Neonates before 37 weeks gestation have especially immature lungs and immature digestive tissue. As a result, not as much oxygen gets to the intestines, which can lead to necrosis (cell death). Additional research suggests that formula fed infants are more likely to experience NEC, suggesting that an immature immune system may also play a role.

What Are the Signs and Symptoms of NEC?

NEC presents within the first two weeks of life, most commonly in a premature baby who is formula fed. One of the earliest signs of the disease is an inability to tolerate feedings. The baby may also present with abdominal bloating or vomiting green-colored bile. From there, the disease progresses and may present with the following symptoms:

Is NEC Treatable?

If a medical team catches the disease quickly enough, many babies can recover from NEC without the need for surgery. Treatment for NEC may include

How Might NEC Be Misdiagnosed?

Diagnosing NEC requires a full physical examination which may include the following:

When a baby presents with any of the symptoms above and a doctor fails to correctly diagnose the issue by ordering these tests, he or she may have committed negligence. Parents of children with NEC may also have grounds for a medical malpractice claim if their child’s provider failed to provide care in line with the standard of practice within the medical community. Proving this requires testimony from a similarly trained medical professional with similar background and experience.

Most babies who receive a speedy diagnosis of NEC make a full recovery. However, this disease presents a serious threat and time is of the essence. A misdiagnosis can lead to permanent injury.

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What Extra Laws Apply to Truck Drivers in Texas?

Mon, 18 Jun 2018 20:58:00 GMT

Motorists have a duty to exercise reasonable care and follow all traffic laws in an effort to protect other drivers on the road. Commercial motor vehicle operators have a higher duty of care and must follow extra rules on Texas roadways. Who establishes these rules, and what extra laws do truck drivers in Texas have to follow?

A Matter of Federal Law

Commercial truck drivers must follow certain regulations set forth by federal laws. The Federal Motor Carrier Safety Administration governs all commercial motor vehicle operators in the state of Texas and beyond. This organization, which falls under the authority of the U.S. Department of Transportation, establishes rules and regulations for all commercial motor vehicles to follow. Rules may vary slightly depending on the nature of a trucker’s job – for example, intrastate truckers may have different rules than truck drivers who travel from state to state.

What Are Some Common FMCSA Regulations?

The FMCSA has a wide variety of regulations designed to assure public safety and protect others on the road from accidents. Some of the most important regulations for truck drivers include:

Restrictions Regarding Hours of Service

Commercial motor vehicle operators must obey duty hours, or hours of service in line with FMCSA regulations. For example, they must take regular breaks and have a certain amount of time between shifts in order to combat fatigue, one of the leading causes of truck accidents.

A commercial truck driver hauling any property may only drive for 11 hours each day, after at least 10 hours off duty. If a truck carries passengers, the driver may only drive for 10 hours a shift after at least 8 hours off duty. Lastly, drivers are only allowed to log 60 hours in 7 days or 70 hours in 8 days. All truck drivers must have at least 34 hours off before beginning another 7 to 8 day stretch.

These hours of service help truck drivers remain sharp and mentally focused on the task of driving. Since their vehicles pose such a high risk of injury, the FMCSA closely monitors hours of service and requires all drivers to log activity in an electronic log book, which is subject to random audits.

Testing for Drugs and Alcohol

No motorist may operate a vehicle under the influence of drugs or alcohol, but the average driver does not get random drug testing. Under the Omnibus Transportation Employee Testing Act of 1991, however, all transportation employees must submit to drug and alcohol testing in an effort to reduce the number of alcohol-related truck crashes. If driver refuses testing, he or she will face an immediate removal from any transportation-related activities, as required by federal law.

Using a Mobile Device

In September of 2017, Texas became one of the last states in the nation to pass a statewide texting ban. However, the FMSCA banned all mobile phone use for all commercial drivers long before the law went into effect. Anyone who holds a CDL may not text, email, use a navigation system, or use a handheld device of any kind, for any purpose while driving.

Maintaining Commercial Trucks

The FMCSA recognizes that lack of proper maintenance can lead to dangerous truck accidents. As a result, all commercial vehicles that operate on public roads must adhere to a regular maintenance schedule. Federal law requires that all trucks and their components maintain good operating condition at all times. Truck owners and operators must complete checks of certain systems at least once every 90 days, and motor carriers must log all maintenance activity in books, which they must present upon request of a law enforcement officer.

Truck drivers in Texas must follow stricter rules in order to assure public safety. These rules exist to reduce risk of injury and prevent truck accidents whenever possible.

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What Causes Internal Injuries in Car Accidents?

Wed, 13 Jun 2018 20:55:00 GMT

Car accidents can lead to serious and life-threatening injuries. Victims may have to contend with broken bones, concussions, or soft tissue injuries like whiplash. Severe car accidents can even lead to life threatening conditions like internal bleeding. What causes internal bleeding and other injuries in car accidents?

Speed Matters

Speed is one of the number one factors that determines the severity of an injury in a car accident.

Even a minor fender bender can cause injuries when a car comes to a sudden stop. Consider, for example, a low speed rear end collision. Driver A drives in front of Driver B, and Driver B fails to see Driver A slam on the brakes to allow a deer to run across the road. Driver B tries to slam on the brakes to avoid a crash, but slams into Driver A.

Thankfully, the drivers were on a low-speed road. However, the force of the impact disturbed Driver B’s momentum. His body continued to travel forward, even after his car stopped. His seat belt saved him from going through the windshield, but the sudden stop in momentum forced his head back into his seat, causing whiplash.

In a high speed collision, the aftermath can be much worse. Modern cars have important safety features like air bags and seatbelts, but they can only do so much to minimize the damage of a car accident. The force of the body recoiling and being exposed to G-forces leads to serious internal injuries following a crash. Generally speaking, the higher the speed, the more traumatic the injury – resulting from the application of external forces on the body.

What Are the Most Common Types of Internal Injuries?

Internal injuries in a car accident can run the gamut from minor internal bruising to serious damage of the internal organs and body systems. Some of the most common internal injuries in a car accident include:

Internal injuries in a car accident result from the forces at play. The higher speed of the crash, the more severe the injuries. Internal injuries in a car accident can encompass a wide variety of conditions, from fractured rubs to hematoma. These injuries may require extensive and expensive medical treatment in order to make a full recovery. Often, the only way for a victim to receive compensation for the full extent of his or her internal injuries is by filing a personal injury claim.

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What Are the Texas Laws Regarding Power Lines Over Lakes?

Mon, 11 Jun 2018 20:53:00 GMT

In summer of 2017, a tragedy shook Texas when three boy scouts took their sailboat out onto a lake in east Texas. The boat’s mast struck an overhead power line, killing all three onboard . The news made national headlines, and many people wondered why a power line was over a body of water in the first place. What are the laws regarding power lines over lakes in Texas? Will regulations increase in light of this recent tragedy?

Are There Regulations for Power Lines?

Texas does have regulations on the books for power lines in an attempt to assure public safety. In 1997, the Corps of Engineers established a regulation that mandates all overhead power lines, including electric supply lines and communication lines, must have a vertical clearance of at least 52 feet, in areas where sailboats commonly frequent. Unfortunately, existing power lines were exempt from this regulations, not compelling electric companies and other utility suppliers to do anything.

Furthermore, this rule only applies to USACE (United States Army Corps of Engineers) development projects (like the reservoir where the accident occurred), and supersedes a preexisting rule set forth by the National Electric Safety Code. The latter regulations state that all waterways suitable for boating must have a clearance of 37 feet, 6 inches. Considering the average sailboat is only 26.5 feet in height, there’s no way this tragedy should have occurred, no matter whose regulations apply.

Do We Need More Regulations for Waterways?

The Texas Public Utility Commission reports that no statewide agency exists for checking height clearances on power lines Instead, this responsibility falls to the utility company itself, or the authority that holds domain over the body of water.

Historically, a model of self-regulation does not end well. In fact, the incident involving the boy scouts was not the first time that a tragedy like this occurred. In the 1980s, an attorney was sailing with his friends on a reservoir only a mile from the body of water where the boy scouts lost their lives. The attorney’s sailboat struck a power line, killing him (the other occupants of the boat survived). The wife of the attorney pursued a wrongful death claim against the USCAE, which ultimately settled out of court. Unfortunately, it does not appear that they learned their lesson, as tragedy struck once again in September.

Currently, no plans exist to implement stricter regulations for power lines over water in Texas. In the meantime, AEP Texas recommends that citizens take the following preventive actions around power lines

Until the state government decides to intervene in the situation and regulate clearance of power lines over water, citizens will have to take a proactive approach for their own safety. Follow basic safety guidelines and check out a body of water for power lines before using a sailboat. Report any downed or low clearance power lines to the utility company. In time, maybe the government will do a better job regulating power lines before disaster strikes again.

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What Are the Hands-Free and Texting While Driving Laws in Texas?

Wed, 06 Jun 2018 20:50:00 GMT

Public safety official have long warned about the dangers of texting and driving. According to the most recent report from the National Highway Traffic Safety Administration, distracted driving activities, including texting, killed 3,450 people in 2016 alone. In light of these dangers, many states, including Texas, passed laws to protect its citizens from harm. What are the rules regarding cell phone use and texting behind the wheel in Texas?

A Statewide Texting Ban

On September 1, 2017, Texas joined most of the nation in banning texting behind the wheel. The new law addresses reading, writing, composing, or sending electronic messages such as email or texts. Citizens who violate the law can face a fine of $25-$99 for the first offense, and $100-$200 thereafter. Texas law stipulates that a person who causes a serious bodily injury or death due to texting and driving, may face up to $4000 in fines and a jail term up to one year for a Class A misdemeanor. The law does not include points on a driver’s license.

On the other hand, it’s important to note that the law only encompasses texting and emailing. In most cities in Texas, it’s still lawful to use a phone for GPS, music, and dialing a phone number. Drivers may, however, still face a traffic stop from an officer for suspicion of texting. The texting law is subject to primary enforcement, which means police officers need no other reason to pull a driver over other than suspicion of texting.

Hands-Free Rules

Texas does not have a statewide ban on using a cell phone behind the wheel, but many cities in the area have their own laws. For example, Austin, El Paso, and San Antonio all have citywide bans on using any mobile or wireless device while driving.

Upon the passage of the new texting and driving law, Governor Abbot attempted to roll back citywide bans on texting and driving, but was unsuccessful. For now, cities have the freedom to enforce their own bans regarding talking and other mobile device use behind the wheel.

A Long Process

Texas was one of the last in the nation to enforce a statewide texting ban. In fact, the only state that currently does not have any texting ban on the books is Arizona. Currently, 47 states including Texas, have a ban on texting and driving that involves all drivers. The other two only place limitations on novice drivers. The Lone Star State was the second to last state to adapt a texting and driving ban – Arizona seems poised to adopt one in the coming months.

Why did it take Texas so long to come aboard and regulate this dangerous practice? In reality, the state legislature has attempted to pass a ban four previous times, starting in 2011. In that year, the state legislature was successful in passing the ban, but the Governor at the time, Rick Perry, vetoed the measure. The other attempts that followed were unsuccessful in passing the Senate, until May of 2017. Governor Abbott approved and signed House Bill 62 into law in the summer of 2017, effective in September.

How Will These Affect Accidents in Texas?

We’ve yet to see how the texting ban will affect public safety in the long term, but evidence seems to suggest that states that pass texting bans experience a reduction in the number of distracted driving related fatalities . Even if the texting ban only saves one or a few lives, the effort will be worth it. In the meantime, Texas residents should prepare to put away their phones and focus on the task of driving – unless they want to risk a ticket or other possible fines.

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What Evidence Do I Need After Being Involved in an Accident with a Commercial Truck?

Mon, 04 Jun 2018 20:41:00 GMT

An accident involving a commercial motor vehicle can cause devastating injuries. Due to the nature of the accident and the size difference of the vehicle, victims of truck accidents often sustain serious and even permanently disabling injuries. If you’ve recently suffered harm in a truck accident, you may be wondering if you have grounds for a personal injury claim. Learn how claims in trucking accidents work – and how your attorney will gather evidence to demand compensation for both your economic and non-economic losses.

Who Is Liable for the Accident?

One of the most important aspects of a truck accident case is determining who is responsible for your injuries. The answer to this question is not always clear-cut. A number of factors may affect your truck accident case, from the driver of the vehicle who hit you, his or her employer, the manufacturer of the truck, or even the federal government. To determine liability in a truck accident, we look at several important pieces of evidence, including:

Where Will My Attorney Gather Evidence?

Collecting enough evidence to establish liability in a truck accident case requires the assistance of an attorney. He or she can subpoena records that help establish negligence in your case and demand fair compensation for the full amount of your injuries, pain, and suffering. Your attorney will look to several sources to complete an investigation:

Truck accident claims can involve multiple players. Your personal injury attorney must conduct a thorough investigation into the nature of the crash to determine the parties responsible. He or she will use evidence from the dash cam, log book, and traffic cameras to establish liability in a truck accident. With the help of an experienced truck accident lawyer , you can hold the negligent parties accountable for the harm you suffered.

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Is Roundup Dangerous?

Wed, 23 May 2018 19:08:00 GMT

Anyone with a garden experiences issues with weeds. Many turn to weed-killing chemicals such as Roundup to keep the weeds under control, using it liberally. However, recent research has revealed significant health dangers associated with excessive Roundup exposure.

What Is Roundup?

Roundup is one of the most common herbicides that people use around the world. People usually use it to kill weeds in gardens, roadsides, railways, sidewalks, and any other areas that weeds are overtaking.

Roundup is made with glyphosate, water, and surfactant. Glyphosate makes up a large portion of the substance. It is a phosphonate that people use to kill weeds and grasses. Manufacturers add surfactant to the substance to help it stay on the weed long enough to kill it. Though Roundup is an approved substance, scientists have discovered many health hazards associated with it.

Risks of Roundup

Though Roundup is a quick and easy way to clear an area of weeds, it brings significant health downsides. Like many other chemicals, scientists have linked exposure to Roundup to many illnesses and diseases, some of which include:

Largely due to the significant presence of glyphosate, research has specifically linked heavy Roundup exposure to various kinds of cancer. Some of the types of cancer associated with Roundup include:

People Most at Risk

Because countless people all over the world use Roundup, almost everyone suffers exposure at some point. You may become exposed to Roundup simply by walking around your neighborhood. However, it is unlikely that you will develop any of the illnesses and diseases associated with Roundup without extensive exposure, putting certain people at a higher risk of contracting the illnesses or developing diseases.

One of the groups that is especially vulnerable to the hazards of Roundup is farmers. Farmers and field workers often work directly with Roundup, using large amounts of it frequently. Farmers with smaller crop fields report using 50 to 70 gallons a year. The number is significantly higher for people running large farms. The direct and frequent contact with Roundup puts farmers and field workers at a high risk for developing some of the illnesses and diseases associated with Roundup.

If a parent dealt with extensive Roundup exposure at some point, research has revealed that his or her children are twice as likely to develop brain cancer. Scientists have discovered that Roundup has a negative effect on DNA cells, impeding their ability to function and develop normally and increasing the chances of cancer.

Controversies Surrounding Roundup

Though the damaging health effects of Roundup are now proven, it is an approved herbicide without stringent regulations. There are multiple reasons why the opinions about Roundup are more complex than they seem:

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Who Is Responsible for Fan Safety at a Baseball Game?

Mon, 21 May 2018 17:52:00 GMT

Spending a day at the ballpark cheering for your favorite team is one of the best ways to pass the time. Though catching the home run hit is a goal for most fans, it can also be a life-changing incident. Many people suffer injuries from getting hit with balls or bats at baseball games. Due to the multiple parties involved in the event, determining liability can be difficult.

Assumption of Risk

When a fan decides to attend a baseball game, he or she is accepting the possibility of getting hit with a ball or bat. Baseball leagues or facilities can defend a personal injury lawsuit by claiming that the victim chose to put him or herself at risk by attending the game. Assumption of Risk, the legal term for the concept, outlines that anyone who willingly involves him or herself in a dangerous activity assumes the risk of suffering an injury during the activity.

For example, if a baseball fan gets hit in the head with a foul ball and suffers a head injury, the baseball league, team, and facility could argue that he or she was aware of the danger and chose to risk it by coming to the game.

There are certain exceptions to the Assumption of Risk rule. The theory is only relevant if the injury occurred during regular activities. The fan can only assume risks that he or she would expect at a sports game. For example, if a baseball player is celebrating after a play and throws a ball into the stands, assumption of risk would not shield the player and team from a lawsuit because the injury resulted from abnormal activity.

Potential Liable Parties

For fan injuries at baseball games, there are multiple potential liable parties. One of the possible responsible parties are the owners of the premises. They are in charge of making sure that the property is reasonably safe for all guests. An injury caused by a dangerous condition on the property would most likely fall under premises liability law.

The security teams that oversee baseball games could also be responsible. They have a duty to keep each fan safe from violence. If a fight breaks out and the security teams neglect to stop it, they could be partially liable for injuries.

The court could also find individual baseball teams responsible for injuries. Individual teams are in charge of making sure that the netting behind home plate is secure and strong. The league provides each team with advice and recommendations about netting, but the final decision is up to the team. If someone suffers an injury because the netting breaks or develops a hole, the team could be liable.

Disclaimers

Most baseball teams put disclaimers on the back of the tickets that state a person’s assumption of risk. Many people do not pursue claims because of the disclaimers. However, disclaimers do not relieve an organization of liability. Disclaimers can reduce the responsibility, but an injured person can still receive compensation if the organization was negligent in some way.

Possible Compensation

If the court determines that another person or organization is liable for your injury, it may order the guilty party to compensate you. The defendant may need to compensate you for:

Texas Comparative Fault

Texas courts adhere to the comparative fault rule. If the court determines that you were partially responsible for your injury, it can reduce your compensation. For example, if it determines that you were 20% responsible for the incident, the court would reduce your overall compensation by 20%. You can still receive compensation as long as you were less than 50% at fault for the incident.

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Who Is at the Greatest Risk of Work Zone Injuries?

Wed, 16 May 2018 17:49:00 GMT

Construction zones are spread along roads all over the country. It is difficult to avoid them, especially on long drives. They are usually frustrating occurrences that slow down your trip. Not only are work zones inconvenient, they can be extremely dangerous. Many people are at risk for work zone injuries. However, motorists, pedestrians, bicyclists, and other people passing by suffer a majority of the work zone injuries.

Most Common Hazards of Highway Work Zones

Crashes and accidents are not uncommon around work zones. People often need to adapt their driving to navigate the area, which can lead to potentially fatal driving mistakes. There are many aspects of work zones that are hazardous. Some of the most common hazards include:

Many work zone accidents occur because of misunderstandings or confused drivers. Due to the changed rules and circumstances, reckless and distracted driving becomes more dangerous around work zones.

After Suffering an Injury In or Near a Work Zone

If you suffer an injury in a work zone, you may be able to receive compensation. The first thing you should do is get as much information as possible about the situation. Call the police so that they can take statements and create a police report. Exchange contact information with the other drivers involved, along with a description of the car. You should also get the phone numbers or emails of people who witnessed the accident. You may need statements from them later in your claims process, as they can provide an objective, third-party viewpoint that can be extremely valuable.

It is also a good idea to take pictures. Photograph anything that could be relevant to a claim, including: your vehicle, other vehicles involved, the setting, and anything else that is significant. Taking a picture of your injury can also serve as proof of the severity of your injury before receiving medical treatment.

If you decide to pursue a claim, contact an attorney in your area with experience in work zone injury law. Your attorney will work to build a case, starting by collecting evidence such as:

Tips to Stay Safe in Work Zones

When driving through a work zone, it is important to use extreme caution. You need to pay attention to everything going on, as many different situations could lead to an accident. Some tips to remember when driving in a work zone include:

It is possible to prevent almost all traffic collisions, as long as you are paying attention and can adjust in time. Using caution in work zones could save you and everyone in your vehicle from suffering a severe injury.

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Are Small Cars Safe?

Mon, 14 May 2018 17:44:00 GMT

Car accidents are one of the leading causes of injury in the country. Even minor crashes can cause severe injuries. Vehicle safety has been a central factor of car design for decades. Among the discussion about vehicle safety are questions regarding how the size of the car affects how safe it is. Many people are wondering if small cars are safe.

Bigger Cars vs. Smaller Cars

Though small cars are not unsafe, they are not as safe as most bigger cars. Smaller, lighter cars are easier to crush and experience serious damage in an accident. If another vehicle or object crushes a car in a crash, the occupants of the car will most likely suffer severe injuries or death.

Most big cars have longer hoods and bigger crush zones, so the people inside the car are less likely to suffer injuries in an accident. Many car experts claim that the safety of small cars against big cars is a simple matter of physics. Heavier vehicles usually push smaller vehicles back in collisions, putting less force on the people inside the heavier vehicle. In 2015, there were almost five times more deaths per million in mini cars than in SUVs.

Safety Ratings

Some people believe that size does not factor into safety rating and that cars of all sizes and weights can have identical ratings. Safety ratings are only comparable for vehicles that are in the same size class. A five-star safety rating in a Jetta is not the same as a five-star rating for an SUV.

No matter what size vehicle you are purchasing, a vehicle with a higher safety rating is always a better choice. It will reduce your chances of suffering a serious injury in a crash. If you are looking to buy a small car for the superior mileage or lower impact on the environment, be sure to pay attention to the safety rating.

Most Cars Are Safer Than They Used to Be

Though small cars are still not as safe as bigger cars, most cars have become safer in recent years. Car companies are designing vehicles with more safety features. Years ago, cars did not have the safety features such as extra airbags, electronic stability control, and stronger roofs in SUVs and trucks. In fact, electronic stability control became a legal requirement for all vehicles in 2012. Some recent models even have technology that will automatically stop the vehicle if it is about to collide with something.

No matter what size or kind of car you drive, a newer vehicle is safer than older ones. Every vehicle size category has experienced reduced fatality rates in the past ten years. An older, larger car will not be outfitted with the same safety features as a new, smaller car.

SUVs

When people think of big cars, many immediately picture an SUV. Though SUVs have had rollover and roof issues, they are still the safest vehicles on the road for many reasons.

SUVs are taller vehicles, making it extremely unlikely for them to slide beneath another vehicle in a crash. Large SUVs had the fewest fatalities per million in 2015. Over a span of ten years, the death rate in large SUVs decreased by 71%. The death rate for the smaller SUV class also saw a significant decrease of 60%.

Though SUVs are often the safest vehicles, not everyone needs to drive one. Safety is just one of the many features to consider when purchasing a car. Cost, fuel efficiency, and everyday driving needs are also significant factors in choosing a vehicle.

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How to Pick a Good Bike Helmet

Wed, 09 May 2018 17:38:00 GMT

No matter where you live, bicycling is a dangerous activity. Anytime you hit the road with your bike it is imperative that you follow all the traffic laws and wear the necessary safety equipment. One of the most important pieces of gear that all bicyclists should have is a good bike helmet. Keep in mind the following things when you are picking your next bike helmet.

Types of Bike Helmets

There are three main types of bike helmets : recreational helmets, road bike helmets, and mountain bike helmets. Recreational helmets are the most common. Casual bikers and commuters often use recreational helmets, which can include visors to help shield your eyes from the sun.

Road bike helmets, built for more serious bicyclists who want to go fast, are lightweight, with a lot of ventilation and an aerodynamic design. Road bike helmets do not usually include a visor so that the bicyclist can still see while crouching low.

Mountain bike helmets cater to bicyclists who want to tackle rough terrain. Their designs fit snugly and often have more rear-head coverage than other helmets. Some mountain bike helmets protect the entire face, as well.

Additional Features

There is a variety of additional features that you can have on your helmet. Ventilation is a priority for many bicyclists. Proper ventilation on a helmet will keep your head cool and comfortable.

Helmets can also come with visors. Though they help block the sun, some bicyclists prefer helmets without visors because visors can add wind resistance and extra weight to a helmet.

Some mountain bike helmets have full-face protection, an ideal feature for people who want to do more extreme bicycling such as off-terrain riding or doing tricks.

All bike helmets have at least one strap that you buckle beneath your chin. It is important that you adjust the strap so that it is easy to buckle and unbuckle and the helmet fits your head snugly but comfortably.

Finding the Right Size

For your helmet to be effective, it must be the right size. Though the straps allow for a small amount of variation in head size, the helmet itself must also be the correct size. Most bike helmets are available in small, medium, large, or extended sizes.

To find your size, wrap a tape measure around your head. Place it about one inch above your eyebrows. If you do not have a flexible tape measure, you can also use a string and then measure the length of the string after wrapping it around your head.

If you fall between sizes, choose the smaller option so that the helmet will be snug. If you want the larger helmet, wear a cycling cap or small beanie beneath the helmet to improve the fit.

Adjusting the Bike Helmet

Once you have found the right size helmet, you need to properly adjust it. The helmet should sit level on your head, not tilted forward or back. If the helmet shifts more than one inch when you push it in any direction, it is not tight enough.

There are usually two main adjustable parts on a helmet: the sizing wheel and the chin strap. The sizing wheel is on the back of your helmet. Expand it before putting on the helmet and, once the helmet is positioned correctly, tighten the wheel so that it is snug. Tighten the chin strap enough so that when you open your mouth the helmet presses against the top of your head.

You should replace your helmet after it experiences any significant impact. Even if there is no visible damage, it may have been weakened in the bike accident .

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What Is an Environmental Injury?

Mon, 07 May 2018 17:24:00 GMT

Injuries and ailments are not always caused by other people. Environmental injuries are injuries that occur as victims are exposed to something dangerous in the environment. If the exposure occurred because of work conditions or a similar situation, a company or organization may be liable. If you suffered an environmental injury or ailment, you may be able to receive compensation. Contact Gordon, Elias & Seely, LLP for more information about environmental injury law in Houston.

Common Types of Environmental Injuries: Lead

One of the most common environmental injuries is lead exposure . In recent decades, companies have taken steps to reduce the risks of lead exposure. However, it is still a serious hazard. Whether you breathe it, swallow it, or absorb it into your skin, exposure can cause severe consequences. Some of the symptoms of short-term lead exposure include:

Because it can be difficult to diagnose lead poisoning, some people suffer lead overexposure for a long period of time. Long-term lead exposure can lead to:

Asbestos

Another potential source of environmental injury is asbestos . The United States government banned the use of asbestos decades ago but, because it can take 30 or 40 years for symptoms to appear, many people are still seeing results from exposure in the past.

Asbestos is not naturally harmful. It only becomes dangerous when someone disturbs it by touching or moving products that contain asbestos. The fibers lodge in your lungs and can cause serious problems. Some of the diseases that asbestos can cause include:

Asbestos is especially hazardous because people do not need to work with it to suffer from overexposure. Workers can bring it back to their homes and communities in their clothing. Asbestos exposure is especially dangerous because of how quickly and easily the particles spread.

Oil Spills

Oil spills are another common cause of environmental injuries. The risk is becoming more prevalent as oil transportation is happening more frequently all around the world. People can suffer injuries both from direct and indirect exposure to oil spills.

Direct oil spill exposure occurs when people live or work close to a spill. Individuals may suffer injuries by breathing contaminated air or letting oil make contact with their skin. Long-term inhalation of oil fumes can pose a serious health risk, introducing volatile gases into the body. If the oil touches your skin, you will experience initial irritation. The symptoms will intensify if the oil seeps into your skin and enters your body.

Indirect exposure can happen to people who live farther away from a spill. Many can experience health issues when bathing in contaminated water, which could occur without the victim realizing that the water contains dangerous oil contaminants. People may also eat contaminated food.

Environmental Injury Liability

Determining liability in environmental injury claims can be difficult because symptoms may take a while to appear and there is rarely a single instance when the injury occurred. Sometimes companies can be responsible, especially if you are a worker who was sent into an area with dangerous contaminants. A company could also be responsible if it used asbestos in products and distributed them or if it caused an oil spill.

Environmental injury cases can become complicated and difficult. Contact Gordon, Elias & Seely, LLP for more information and guidance with your environmental injury claim.

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What Should I Have in My Car Emergency Kit?

Thu, 19 Apr 2018 17:05:00 GMT

We often fail to prepare for emergencies. In one sense, emergencies are unpredictable in both the nature of what may occur and in the timing. However, you can be sure that at some point your car will break down on the side of the road. Having a good emergency kit can make getting back on the road happen quickly. It may even help you avoid a serious incident that could jeopardize your health and safety and that of the other passengers with you. Texas weather can be unpredictable – make sure you’re prepared for any emergency.

Car Breakdown Emergencies

Our cars are generally reliable transportation for getting from Point A to Point B. However, from time to time a car will break down, causing an emergency.

Spare Tire

A flat tire can put you on the side of a busy road – not a safe situation. The sooner you can get back on the road, the safer you will be. For something as simple as a flat, having a spare can get you going quickly. Check your spare frequently to ensure it has enough air and is ready to go in case you need it.

Extra Fluids

The Texas heat can take a major toll on any vehicle. Overheating is one of the most common causes of a breakdown. Having extra fluids on hand can help get you going again or prevent a major engine breakdown. A quart of oil, a gallon of water, and antifreeze mixture can help ensure your vehicle stays cool and on the road.

Duct Tape

This gray tape is famous for being able to repair almost any problem. A small amount of duct tape can temporarily solve some problems. It can temporarily seal hoses with small leaks; it can, for a short time, secure parts in danger of falling off; there is almost no end of uses for this versatile product.

Jumper Cables

Almost everyone has accidentally run down the battery on their vehicle. A pair of jumper cables can get your vehicle started again quickly if someone comes along and is willing to help. You might even consider upgrading to a jump starter that provides the cables and the power to crank the engine.

Weather Emergencies

From freak ice storms, thunderstorms, tornadoes, and even the occasional hurricane threat, Texas weather can create conditions that will put your car out of commission.

Flashlight

One of the most important items to carry in your emergency kit is a good flashlight. When problems take place in the dark, a flashlight can help you see to fix them and get going again as well as make you more visible to passing motorists, so you can avoid an accident.

Poncho

The only thing worse than trying to change a flat tire on the side of the road is trying to change the flat in the rain. In colder weather, this can be even more important, as staying dry can prevent you from becoming dangerously cold.

Blankets

In the winter, a breakdown at the wrong time may leave you stranded for hours while waiting for help. Having a warm blanket for each of the occupants can spell the difference between an inconvenience and something far worse.

Personal Items

In addition to items to help you handle a breakdown or problems from inclement weather, you should include some items to help people involved in difficulties or with injuries.

First Aid Kit

Minor scrapes, cuts, and burns are common after accidents as well as from trying to loosen the lug nuts on your flat tire. Having a first aid kit can help after minor injuries that are just part of the normal course of life.

Water Bottles

Breaking down in a Texas summer can quickly become a dangerous situation if you have no water to drink. If you are stuck waiting for help, you can become dehydrated in as little as an hour during even a moderate heat wave. Having some water on hand will keep you safer and ensure you can think clearly during your emergency.

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What Are Some Common Seatbelt Defects?

Tue, 17 Apr 2018 16:58:00 GMT

Companies must design cars to reduce injury from impact during a car crash . The front of the car has crumple zones designed to absorb an accident’s impact. The windows have safety glass to reduce the risk of impalement and serious cuts from shards of glass. Even the doors can help cushion and absorb impacts. One of the most important features of modern vehicle safety is the seatbelt. The National Highway Traffic Safety Administration (NHTSA) estimates that wearing a seatbelt reduces your risk of death in an accident by 45% in a passenger car and 60% in a light truck. However, when a seatbelt is defective, the device that should protect you in an accident may be responsible for causing severe injury or death .

Protection From the Second Collision

In designing a car to be crash-worthy, car makers take measures to protect you from injury in what is known as the second collision. The first collision takes place when your car strikes another car or object, or another vehicle strikes it. The force of the collision sends the occupants flying inside the vehicle. The second collision takes place when the occupant hits another object inside the vehicle, usually the dash, steering wheel, the seat back in front of them, or the side of the vehicle. It is this second collision where injuries occur. Seatbelts should restrain occupants, so they do not violently collide with other objects in the vehicle in the second collision.

Common Seatbelt Defects

A defective seatbelt may be the result of a poor design that renders the safety feature ineffective in an accident, or poor manufacture in which the seatbelt was not constructed correctly, leading to failure of critical components at the time of impact.

Inertial unlatching occurs when a seatbelt becomes unlatched during a crash. While some tests show this can happen with certain seatbelts, manufacturers dispute this claim.

Improperly latched seatbelts cause injury by appearing to be latched securely while still being unlatched. In a crash, the seatbelt will not protect the driver, who may suffer serious injury as a result. In recent years, the Department of Transportation recalled millions of vehicles with Takata-manufactured seatbelts that had this false latching defect.

The internal workings of a seatbelt must allow you to extend the belt to put it on, but lock into place and hold the occupant in the event of an accident. The seatbelt’s retractor may fail to lock into place during a crash, resulting in too much slack in the seatbelt during a crash, and occupants impacting objects in the car rather than being restrained.

Defective seatbelt mounting is another common factor in faulty seatbelts. If an anchor point of the seatbelt gives way during a crash, it will not properly restrain the occupant, who may suffer severe injuries.

Protect Yourself From Defective Seatbelts

If your seatbelt appears to have difficulties latching or staying latched, you should get it checked by a qualified mechanic. A technician can test problems with the retractor by giving the seatbelt a sharp, quick, pull to check if it locks in place. If there is a recall of your vehicle for issues with the seatbelt, have it repaired right away. You can also check with the NHTSA online to see if your vehicle is the subject of a seatbelt recall.

Product Defect Claims

Auto manufacturers and seatbelt manufacturers have obligations to ensure their products are safe for use. Car manufacturers must pass crashworthiness tests and drivers and passengers have a right to expect the seatbelts in the vehicle they are in will protect them in case of an accident. If a defective seatbelt results in injury to the occupant of a vehicle, the injured party can seek compensation for the damages suffered because of the injury.

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Is It Illegal to Ride in the Back of a Truck in Texas?

Thu, 12 Apr 2018 16:54:00 GMT

Many of us are old enough to remember growing up when it was common to hop in a pickup truck’s bed when going somewhere. Many people reason that since they rode in the back of a truck as a child and nothing bad happened, laws forbidding riding in the back of a truck are unnecessarily restrictive. However, Texas law does place restrictions on riding in the back of pickups.

Statistics Regarding Unrestrained Passengers

Being in an accident while not restrained by a seatbelt makes it much more likely a passenger will die in an accident. In Texas, 43.71% of all fatalities in 2016 occurred where the occupants were unrestrained. For 2016, this means more than 1,650 fatalities involved persons not wearing seatbelts. The National Highway Traffic Safety Administration estimates fatalities can be reduced by 45% and severe injuries reduced to moderate injuries by 50% with the use of safety restraints. With no seatbelts in the back of pickup trucks, the risk of severe injury and death greatly increase while riding unrestrained.

Laws Regarding Children Under 18

Texas law makes it illegal to operate a vehicle with a child younger than 18 in the bed of a truck or on a trailer in almost all circumstances. There are only a few exceptions to this law, and they include:

In each of these cases, children under 18 may ride in the back of a pickup truck; however, it is still unsafe in some of these cases. The safest way to ride in a vehicle is always to ride in a seat with a seatbelt.

Laws Regarding Adults

It may surprise you to learn that Texas law does not forbid adults from riding in the back of a pickup truck. In recent years, Texas law enforcement officers have stepped up seatbelt enforcement; failure to wear a seatbelt can result in fines of $25 to $50.

However, the laws requiring seatbelt use only govern riding in seats equipped with seatbelts. Since the bed of a pickup truck or trailer does not contain any seats or seatbelts, no law requires the use of a seatbelt in the bed of a truck or trailer. As laws governing riding in the back of a vehicle apply only to people under 18 years of age, adults can legally ride in the back of a truck.

What Happens in Case of an Accident?

In the event of a car accident , the driver responsible for the accident is liable for the damages he or she causes. A negligent driver who causes an accident will be responsible for compensating accident victims who received injuries while riding in the back of the pickup truck.

In such cases, the at-fault driver’s insurance company may try to blame you for your injuries because you were riding in the back of a truck. If your case were to come to trial, a judge or jury might be inclined to reduce your compensation due to where you were riding, and the nature of the risk taken by riding in the back of a truck. Having an attorney on your side in these cases is important.

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What to Do If Your Car Catches Fire

Tue, 10 Apr 2018 16:50:00 GMT

When a vehicle catches fire, your first instinct may be to panic. Knowing what steps to take in advance can help you remain calm and ensure that you and everyone in the vehicle remains safe. The State Fire Marshal’s Office Texas Department of Insurance reports that vehicle fires account for 16% of all fires in Texas in a year.

Avoiding Car Fires

No amount of prevention can avoid all car fires, but you can avoid many fires by taking some reasonable precautions.

Many vehicle fires result from poor maintenance. Fuel lines wear out and driving can damage them. A regular checkup once a year can help ensure your car is less likely to catch fire in the first place. If you smell fuel while driving the car, something is wrong. Have any suspicious fuel smells investigated immediately, as well as any fluid leaks.

Electrical fires are another common source of car fires. You might smell insulation that is heating up or find that a fuse blows out on a regular basis. Loose wiring or exposed insulation poses a risk of an electrical fire in your car. This damage often results from mice chewing the insulation as well as from regular wear and tear over time. Have a mechanic check into any suspected electrical problems promptly.

Human error, unfortunately, is a frequent cause of car fires as well. When no one replaces the oil cap after changing the oil or when someone spills oil on the engine when refilling the vehicle, the fluids can easily catch fire under the hood. Make sure your mechanic is certified to work on your vehicle and has a good track record for service and safety.

When the Car Catches Fire

Remaining calm is the most important thing to remember. Unlike what you may see on TV or the movies, cars rarely explode. Signal and immediately move over to a shoulder or safe stopping place. Don’t forget to place the car in park and turn off the ignition. In the panic of the moment, many people forget these important steps and often make the situation worse by simply jumping out of the vehicle and leaving it running; some people keep driving down the road (this is not a good idea).

Make sure everyone is out of the vehicle and clear of the car, away from flames and upwind from any dangerous fumes. Call 911 and wait for firefighters to come and put out the fire.

If the fire is under the hood, do not open the hood. You will only add oxygen the fire needs to keep going. If you have a fire extinguisher, you may unlatch the hood and spray under the hood. However, it is never a good idea to raise the hood on your own.

If the fire is coming from the back, you should put even more distance between you and the vehicle in case the fire catches in the fuel tank. While it is unlikely to cause an explosion, if the fire is in the rear where the fuel tank is located, it is a possibility. Maintain a safe distance from the car.

Remember, no item in the vehicle is worth your life. Get clear of the vehicle as soon as possible and do not go back for any personal items you may have left in it. Wait until the fire department has extinguished the fire before trying to retrieve any personal items left in the car.

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Easiest Ways to Prevent Electrical Hazards

Thu, 05 Apr 2018 16:46:00 GMT

Electrical hazards injure and kill many people each year, especially in on-the-job accidents. While many workplaces and occupations have natural hazards as part of their daily routines, with proper care and attention, it is possible to reduce the risk of injury and death from electricity.

Statistics on Electrical Accidents in the Workplace

Between 2003 and 2016, fatalities from electrical hazards in the workplace have increased by 15%. In 2016, 154 electrical fatalities represented a 15% increase just over the prior year. Construction is the most dangerous occupation for electrical accidents, with 53% of all fatal electrical accidents coming from that industry. Eighty-two fatal accidents related to electricity occurred in the construction industry, almost three times as many from the second highest source.

There were 1,640 injuries from electrical accidents in 2016. There were 270 electrical burn injuries and 150 electric shock injuries in the construction industry that same year. Nonfatal injuries were most common in the agriculture industry, with a rate of 0.5 electrical shock injuries per 10,000 versus the construction industry’s 0.2 per 10,000.

Preventing Electrical Hazards

While electrical hazards are common, preventing accidents doesn’t require extraordinary measures. In fact, preventing electrical hazards only requires following some basic safety procedures.

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What Is an “Unmarked Crosswalk” in Texas?

Tue, 03 Apr 2018 16:38:00 GMT

Pedestrians are particularly vulnerable in any accident involving a motor vehicle. Accidents killed 678 pedestrians in 2016 in Texas, a 21.5% increase over the previous year. Accidents involving pedestrians injure many others, some seriously. Even when pedestrians take appropriate precautions, a negligent driver can cause an accident resulting in horrific injuries.

Where to Find Marked Crosswalks

Crosswalks exist at any intersection of a roadway. Often, surface markings indicating where pedestrians may safely cross the roadway designate these crosswalks. These may be marked perpendicular to the roadway or occasionally diagonally across both roadways in the intersection. Intersections near schools often have marked crosswalks to encourage school children to cross at safer locations. Busy intersections where there is normally a great deal of pedestrian traffic often have crosswalks marked out in combination with the use of traffic signals controlling both vehicle and pedestrian crossings.

Understanding Unmarked Crosswalks

Pedestrians may cross a roadway any place an intersection exists. However, it is not always feasible to mark the crosswalk at every intersection. When an intersection exists without any marked crosswalk, an “unmarked crosswalk” is said to exist. These often extend from the sidewalk on one side of the road to the sidewalk on the other side of a road. Unmarked crosswalks are always perpendicular to the roadway, never diagonal. Pedestrians in unmarked crosswalks have all the same right-of-way privileges they would have in a marked crosswalk and must abide by the same traffic rules.

Driver’s Responsibilities to Pedestrians in Unmarked Crosswalks

If a driver approaches an intersection without a marked crosswalk, he or she must yield the right of way if there is a traffic control signal giving the pedestrian the right to cross the road at that time. A driver must also yield the right of way at unmarked crosswalks in cases where there is no traffic control signal, if the pedestrian is on the half of the roadway in which the vehicle is traveling or is approaching so closely from the other side of the road as to be in danger from the vehicle. Drivers also may not pass a vehicle that stops to yield to a pedestrian. Drivers have a responsibility to watch for and avoid striking pedestrians if possible.

Pedestrian Responsibilities in Unmarked Crosswalks

The pedestrian may not cross an intersection controlled by traffic signals until the “walk” signal or green light is on for traffic in his or her direction. In no case should a pedestrian suddenly enter the roadway in such a way that a vehicle does not have the opportunity to stop or avoid hitting the pedestrian. The most important responsibility of the pedestrian is to exercise care and watch for vehicles before entering an unmarked crosswalk, even if the vehicles approaching should yield the right of way.

Crossing at a Location Other Than a Crosswalk

In Texas, a pedestrian may legally cross the road between intersections under certain circumstances. If the pedestrian is between intersections where one or both intersections lack a traffic control signal, the pedestrian may cross without “jay walking.” However, when crossing between intersections, the pedestrian does not have the same right of way that he or she would have when using a marked or unmarked crosswalk. When crossing the roadway between intersections, the pedestrian must yield the right of way to the vehicles.

Staying Safe as a Pedestrian

The number of injuries and fatalities pedestrians suffer each year even in cases where they have the clear right of way highlights the dangers of attempting to cross in anything but the safest possible locations. However, when a pedestrian uses an unmarked crosswalk in a safe manner, drivers ultimately have the responsibility to act appropriately and yield to pedestrians to avoid accidents and injuries.

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What Is the Texas Tort Claims Act?

Thu, 22 Mar 2018 18:03:00 GMT

If you recently suffered injuries and a government agency is responsible, you must follow a different procedure than with a traditional personal injury case. Claims against the government are highly specialized and require quick assistance from an attorney with specific experience in municipal claims. Claims against the government have a small window of opportunity, so if you’ve suffered harm at the hands of a city, county, or state entity in Texas, contact a personal injury attorney for a case evaluation as soon as possible.

The Texas Tort Claims Act

Claims against the government fall under the Texas Torts Claims Act’s jurisdiction. In the past, it was virtually impossible to file a claim against an at-fault government entity, even if that entity were clearly negligent. Prior to 1969, government officials enjoyed sovereign immunity against culpability whenever an individual tried to file a lawsuit against them. Thanks to the Texas Tort Claims Act , however, individuals can file claims against the government, assuming the following conditions apply:

The Importance of Acting Quickly

If you believe that a government entity’s negligence played a role in your injuries, it’s essential to act as quickly as possible. While most personal injury claims have a statute of limitations of two years in Texas, claims against the government could be as short as 45 to 180 days. The state of Texas allows up to 180 days to file a claim, but several local bodies have even shorter time limits. The city of Dallas, for example, has a 90-day statute of limitations, while Austin’s time limit is a mere 45 days.

Schedule a free initial consultation with a personal injury attorney as soon as possible, even if you’re not sure you have a case. Your case evaluation is at no cost and your attorney will take on the case with a contingency-fee basis if you qualify. This means you won’t owe any fees unless you win a settlement or court judgement.

Caps on Damages

Under the Texas Tort Claims Act, there are also special caps on damages. Damage caps limit the amount a victim of negligence can collect regarding personal injury claims. If you’re suing the state government of Texas, for example, your damage caps are $250,000 per person or $500,000 per accident. Local entities have smaller damage caps, at $100,000 per person or $300,000 per incident.

Examples of Municipal Claims

There are several instances in which you may be able to collect damages from a municipal entity. Examples include:

If you sustained injuries in any kind of accident involving a state, local, or municipal body, contact a personal injury attorney to discuss your legal options as soon as possible. Remember, you have a limited time in which to act and defend your right to compensation. Neglecting to file a claim within an appropriate amount of time could lead to dismissal of your case. Ask a Houston personal injury attorney about your rights under the Texas Torts Claims Act today.

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Can I Obtain Traffic Camera Video of a Car Accident?

Tue, 20 Mar 2018 17:59:00 GMT

Thanks to today’s technological world, video cameras are everywhere you look. If you sustained injuries in a car accident in Houston , it’s more than likely that a surveillance camera captured evidence of another driver’s negligence. Obtaining copies of this footage could prove invaluable to your car accident claim by providing evidence of negligence to an insurance company. Video surveillance footage can help you obtain fair compensation for the harm you suffer following a car accident – but how easy is it to get the footage?

The answer to this question will depend on the nature of the video itself. There are different traffic cameras, as well as private footage that could prove valuable in a car accident investigation.

Traffic Cams

If your accident took place at an intersection with traffic cameras or on a highway with surveillance video, you’ll need the help of an experienced attorney to obtain footage. These cameras have ownership between both private and public entities – the Texas Department of Transportation may own some, while they may contract others out to private contractors and entities. All have different regulations and procedures for releasing footage to a civilian – and most will require a subpoena.

A subpoena is a legally binding demand that compels an individual to release the information outlined within the order. There’s no harm in asking for a copy of a traffic cam video, but most entities will report that they cannot release videos unless compelled to by the court. A personal injury attorney will be familiar with the process of filing a subpoena and can efficiently obtain the footage you need to use as leverage in the negotiation process.

If you’ve already hired an attorney, tell him or her about any surveillance cameras you noticed as soon as possible. If you haven’t yet consulted with a personal injury attorney, we highly recommend doing so – case evaluations are always free and come at no financial risk to you. If an attorney believes you have a case, he or she will take it on a contingency-fee basis. This means you’ll owe no attorney’s fees unless you win a settlement or court judgment.

Gaining Information From Private Surveillance Cameras

If your car accident took place in a town, there’s a good chance that a local business caught some of the footage on a CCTV surveillance camera located on its property. In this instance, you stand a good chance of getting some valuable help with little red tape. While private businesses are under no obligation to give up or share their footage, they often will to help your case. Keep in mind, however, that larger chain stores may have unique rules regarding releasing surveillance footage, so prepare to take your request to branch manager or corporate if necessary.

How Video Footage Helps

If you can obtain video surveillance footage of your car accident, it could provide serious leverage in your claim. Video footage can provide hard-to-dispute evidence of a driver’s negligence, particularly if cell phone or distracted driving played a role. This could help adjust the focus from whether an insurance company will pay a claim, to how much an insurance company should pay out for your injuries, pain, and suffering. Video footage can kick start negotiations and expedite the car accident claim settlement, so you can move on with your life.

If you recently suffered injuries in a car accident, your first step is to contact a personal injury attorney as soon as possible. He or she can help you obtain any footage and negotiate with an insurance company on your behalf to achieve fair compensation for any damages you incurred.

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What Does “Pain & Suffering” Mean in a Personal Injury Case?

Thu, 15 Mar 2018 17:54:00 GMT

If you recently suffered harm in a Texas car accident and believe that someone else may be legally responsible, you may be able to gain compensation for both the monetary and nonmonetary losses that result. Monetary losses include damages such as medical bills, lost wages, and the cost of future care. Nonmonetary losses, on the other hand, address intangible damages such as pain and suffering. What does this term mean, and how does your personal injury attorney determine how much your emotional anguish is worth following an accident?

Defining Pain and Suffering

Not all injuries are immediately visible following a car accident. Some injuries manifest as emotional or physical distress, which are not as calculable as the cost of an X-ray or surgical consultation. For personal injury claims, there are two main types of pain and suffering:

How Does a Personal Injury Attorney Calculate Pain and Suffering?

It can be difficult to determine what non monetary losses are worth. Judges do not provide juries much guidance for determining an appropriate compensation amount for pain and suffering – for example, there are no charts that juries can reference to determine an award. Rather, a judge simply instructs a jury to use its good sense to determine what’s reasonable and fair to a plaintiff.

There are two main methods your attorney or an insurance company may use when calculating pain and suffering damages in a personal injury case:

No matter which method you use, a personal injury attorney will work hard to defend your right to fair compensation for both your monetary and non monetary damages under Texas law. If you believe that someone else is legally responsible for your injuries, contacting a Houston personal injury attorney is the first step.

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Should I Accept a Settlement After a Car Accident?

Tue, 13 Mar 2018 17:50:00 GMT

If you suffered injuries in a car accident resulting from another driver’s negligence, you may be able to collect compensation for your medical expenses, lost wages, pain, suffering, and more. Receiving full compensation for your damages requires negotiations with the at-fault driver’s insurance company.

After the insurance company investigates your accident and determines that the insured was at fault, it might approach you with an offer. Should you accept it? There’s no one-size-fits-all answer – and successful litigation often requires the assistance of a personal injury attorney.

How Much Is My Claim Worth?

Knowing whether to accept a settlement requires basic knowledge about your claim’s worth. In Texas, you can collect two main types of damages following a car accident:

Economic damages are easier to calculate, as you simply need to add up the total amount of your incurred medical bills, lost work hours, etc. It might be harder to determine the cost of your future medical expenses or loss in earning capacity, however. Additionally, most victims of car accidents don’t know how much their pain and suffering are worth.

Fortunately, a personal injury attorney can use a special formula to put a monetary amount on your intangible losses. He or she can also give you an idea of what your future medical expenses will entail, based on his or her own experience as well as expert testimony.

If you don’t know how much your claim is worth, you cannot confidently accept a settlement. Arranging a free initial consultation with an attorney can help you determine how much an insurer owes you for the full extent of your injuries.

The Truth About Insurance Companies

An insurer is responsible for paying your car insurance claim, but it is not committed to your best interests. Insurance companies are for-profit entities that are committed to paying as little on your claim as possible. Even the firm does determine that an insured policyholder is responsible for a car accident, it will not initially agree to pay what your claim is worth.

The initial offer of settlement from an insurance company is a lowball offer. It’s a jumping-off point for negotiations and will not accurately compensate you for the harm you suffered.

Personal injury attorneys have specific experience in negotiating with insurance companies. Not only do they know the value of your claim, they will aggressively negotiate on your behalf to obtain compensation that reflects the harm you suffered in a car accident.

The Bottom Line

Be wary of settlement offers from insurance companies. Never accept a first offer unless instructed to do so by your personal injury attorney. Let an experienced attorney negotiate on your behalf to achieve a fair settlement in your car accident case. If negotiations fall flat, you always have the option of pursuing litigation, in which a jury will rule on your case following a trial.

Never settle for less than you deserve following your car accident claim. Never sign any statements or agree to recordings from an at-fault driver’s insurance company unless you’ve consulted your attorney. A personal injury attorney will defend your right to compensation under Texas law. Even if an offer does seems to accurately reflect the degree of your monetary and non-monetary losses, an experienced attorney can point out often overlooked and highly technical areas of law. Hire a Houston personal attorney to help you obtain the best possible outcome in your case.

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How Can I Prove a Driver Was Texting?

Thu, 08 Mar 2018 17:47:00 GMT

Distracted driving plays a role in many Texas car accidents. Because the state prohibits texting and driving, cell phone use often constitutes negligence under Texas law. Victims of negligence may gain compensation for their injuries, pain, and suffering following a Houston car accident, but successfully winning a claim requires proving the other driver committed negligence. Fortunately, there are several tactics your personal injury attorney can use to determine if an at-fault driver was texting during the time of a crash .

The Dangers of Texting and Driving

According to the CTIA Wireless Association, Americans send around 170 billion text messages each month. We use our cell phones while working, playing, even during our commute. Unfortunately, many people text and drive, despite the fact that it’s illegal in nearly every state. The National Highway Traffic Safety Administration estimates that 660,000 drivers engage in cell phone use behind the wheel, which poses extra danger to other drivers and passengers on the road.

Another recent study from the Virginia Tech Transportation Institute determined that texting and driving creates a 23-fold increase in crash risk compared to drivers who do not use cell phones while operating a motor vehicle. Since sending a text message takes an average of 5 seconds, a car may travel 100 yards without the driver looking at the road. Such actions create an incredible hazard for all nearby drivers, passengers, and pedestrians. Proving that a driver was texting and driving at the time of a crash, however, requires a specialized process.

Check Cell Phone Records

Obtaining an at-fault driver’s cell phone records requires the assistance of an attorney. The civil claims process involves a process called discovery, in which your personal injury attorney will investigate your claims and formally request evidence from the appropriate parties. If a cell phone company or insurance company fails to furnish these records at your attorney’s request, then he or she will file a subpoena to compel the company to turn over the records.

Subpoenas are legally binding requests that require a phone or insurance company to provide the information included in the request. Such information becomes subject to contempt of court charges if you do not follow these requirements. Your attorney will be familiar with the subpoena process and can request this information in an efficient manner.

If you hire a personal injury attorney to handle your car accident claim, this falls under your contingency-fee contract. In other words, your attorney will handle the process of discovery at no charge to you – you won’t owe any attorney’s fees unless your lawyer secures a settlement or court judgment on your behalf.

Review the Police Report

After an accident, the local police will report to the scene and gather as much evidence as possible. This includes photographs of skid marks and damage to both vehicles, eyewitness contact information, statements from all parties involved in the accident, and more. Clues in the police report can indicate the presence of texting or distracted driving.

For example, a witness may attest to the fact that a driver was texting at the time of the crash. If this applies, the witness can provide a statement for the court – called a deposition – that recounts what he or she saw.

Additionally, pictures of skid marks or other forensic evidence could serve as proof of distracted driving. This evidence might suggest decreased reaction time or other signs that a driver’s attention was not on the road at the time of the accident.

To collect a car accident claim, you must prove that the other driver committed negligence. Your attorney can prove cell phone use by using the tactics outlined above.

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How Do Amputations Happen in the Workplace?

Tue, 06 Mar 2018 17:33:00 GMT

Occupational injuries present a compelling threat to American workers. The Occupational Health and Safety Administration (OSHA) reported approximately 2.9 million nonfatal injuries and illnesses in the workplace in 2016. Of these:

An amputated limb can seriously decrease a worker’s quality of life as well as impact the ability to earn a living wage. Some amputees lose their ability to work altogether, depending on the nature of their injuries.

Amputations are more common in some industries than in others. According to OSHA, the workers most prone to amputation injury include:

Factors Contributing to Amputations in the Workplace

OSHA’s report states that many of the hazards that lead to these injuries are both well-understood and preventable. Amputations are most likely to occur when workers use inadequately safeguarded mechanical equipment such as conveyer belts, printing presses, food slicers and meat grinders, band saws, drill presses, milling machines, and more. They also occur during routine materials handling and operating heavy machinery such as forklifts, trash compacters, and hand tools.

OSHA has also identified machine movements that increase risk of occupational amputation:

Preventing Occupational Amputation

OSHA states that that employers can easily mitigate many of these actions, which suggests that employers may be negligent in maintenance or upkeep of heavy machinery. Without proper guards or training, occupational injury and risk of amputation increases. To help control the number of preventable amputations, OSHA has a severe injury reporting requirement that compels businesses to identify the source of a worker’s amputation and make necessary changes to prevent further injury. OSHA investigates the source of each reported occupational amputation and makes suggestions to employers for improving overall worker safety.

Unfortunately, not all employers report severe workplace injuries. In fact, OSHA estimates that compliance with severe injury reporting guidelines is only about 50%.

Workplace accidents like amputations often result from lack of proper safety standards, inadequate machine maintenance, and lack of employee training. In some cases, amputations result from defective equipment manufactured, distributed, or sold by a third party.

While workers’ compensation insurance pays for medical bills, vocational training, and a portion of an injured worker’s lost wages following an amputation, in some cases an injured worker may be eligible to file a civil claim against a negligent party. An amputation settlement can help compensate for past and future medical expenses as well as intangible losses such as decreased life quality. Talk to a Houston personal injury attorney for further details and guidance.

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What Are the Most Common Causes of Distracted Driving?

Mon, 26 Feb 2018 17:47:00 GMT

Distracted driving is a dangerous activity that causes thousands of injuries each year and inflicts major financial consequences on drivers as well. Approximately 25% of all fatal accidents are tied to distracted driving behavior.

We often equate distracted driving with cell phone use, but that is only one way that our attention drifts from the road. The US Department of Transportation defines distracted driving as any activity that keeps a driver’s full attention from the task of operating a motor vehicle. According to a recent study, some of the most common forms of distracted driving include:

Smoking

Smoking is linked to about 1% of all distracted driving accidents. You’re most likely to cause an accident while trying to light a cigarette on the road or when putting it out. There is a simple fix – kick the habit. Smoking not only increases your risk for lung cancer and other health problems, it also increases your risk of injury in a car accident.

Adjusting Your Vehicle’s Controls

You likely do several things during your commute that equate to distracted driving without even realizing it. Examples include fiddling with the radio, adjusting your sideview and rearview mirrors, and adjusting your climate control.

One way to prevent such distractions is adjusting your car to the ideal settings before leaving your driveway. If you want to adjust the radio, try to do so during traffic stops, not while you are moving.

Eating and Drinking

Your morning coffee fix could be a source of distraction that leads to accident. Unfortunately, our culture condones eating and drinking in vehicles, with fast food options and drive-thrus at every exit ramp. Eating and drinking both take your attention from the road and increase your chance of injury. Try eating before you hit the road. If you stop at a drive thru, wait until you reach your destination before sipping your morning latte.

Being a Lookie Lou

Car crashes can be distracting. Unfortunately, gawking at car accidents itself is a contributing factor in crashes. About 7% of distracted driving crashes involving looking at another person or car accident. Instead of craning your neck to check out the damage on someone else’s car, keep your eyes on the road.

Cellphone Use

Using a cell phone does account for a significant number of distracted driving crashes. It doesn’t matter if you’re talking, texting, using your navigation system, or perusing your social media networks – using your phone while driving is extremely dangerous (and might even be illegal in your state). Stash your phone out of reach to avoid temptation.

General Distraction

Finally, another leading cause of distracted driving accidents is simply being lost in thought. A wandering mind takes your focus off the road and could be catastrophic. Unfortunately, this is also the hardest problem to rectify. Getting enough sleep certainly helps, as does taking frequent breaks during long road trips. Try to remain focused on the road throughout the duration of your trip and take turns with other passengers to avoid fatigue.

Car accidents caused by distracted driving can lead to devastating injuries, and they’re 100% preventable. Many of our national campaigns surrounding distracted driving focus on cell phone use, but there are several additional risk factors involved in distracted driving crashes. Chances are, you’ve done one of these things while operating a motor vehicle. Today, make a pledge to stop distracted driving. Keep your eyes and attention on the road, not on things like eating, drinking, being preoccupied with other drivers, cell phone activity, or mental distractions. By controlling your own behavior, you can make the roads a little bit safer for everyone.

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How Do Wrong Way Accidents Happen?

Mon, 19 Feb 2018 17:44:00 GMT

All car accidents have the potential to be catastrophic, but some are naturally more dangerous than others. A wrong way accident, for example, is more likely to result in serious or incapacitating injuries, because it generally results in a head-on collision. At high speeds, head-on collisions are the most likely to cause catastrophic injury or death to the driver and front seat passenger. How to these devastating accidents happen? There are a few factors that might affect the risk of a wrong way crash.

How Common Are Wrong Way Crashes?

According to data from the US Department of Transportation, on average, 350 people die in the country each year in wrong-way accidents. While this might not seem like a high number, the fact that they occur at all is disturbing. Despite wrong way signage and proper marking, hundreds of Americans lose their lives each year. Why is this?

The National Transportation Safety Board compiles data on car crashes to assess common trends and make recommendations for improved safety. According to its data, it found some related elements in wrong way crashes throughout the years:

A disproportionate number of drivers over the age of 70 are involved in wrong way accidents. The NTSB did not go as far to say that elderly people are more likely to cause wrong way accidents, but it’s possible that difficulty reading road signs may play a role in wrong way collisions.

The majority of wrong way accidents occur at night, between the hours of 6 pm and 6 am. This means a variety of factors might be at play – poor visibility, tired drivers, and people who are operating vehicles under the influence of drugs or alcohol are some examples. If you can avoid driving between these hours, you could greatly reduce your risk of being in a wrong way crash. The NTSB found that over three quarters of crashes occurred during nighttime hours.

Wrong way crashes also occur more frequently on the weekends than during the week. This seems to coincide with the idea that people are more likely to drive drunk during this time.

The majority of wrong way crashes involve a vehicle that enters the highway on an exit ramp. Other than operating under the influence, there are other factors that could be at play – for example, a driver might be unfamiliar with the city, or a city’s signage might be inadequate.

Some studies have shown that cloverleaf and partial cloverleaf highway designs can be more confusing to drivers, and those who enter a highway on the left are more likely to use the wrong ramp. Confused drivers can easily end up taking the wrong side of the ramp, even if they’re sober. Fortunately, reasonably alert drivers usually realize this mistake and back up before a catastrophic collision can result.

How Can I Avoid a Wrong Way Collision?

There are a few ways you can reduce your risk of being involved in a catastrophic collision:

Wrong way crashes can be devastating, but they’re preventable with the right approach. Know the most common causes of accidents and take steps to reduce your risk of catastrophic injury.

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Proving Fault in Stair Accidents

Wed, 14 Feb 2018 17:40:00 GMT

If you or a loved one recently sustained injuries while falling down the stairs, you might have legal grounds for a personal injury claim . The laws of premises liability govern staircase accidents. Finding the party liable for your injuries is not always easy and may require an investigation by your attorney. The following considerations are some things your attorney might review when determining who is at fault for your injuries in a stair accident:

Slip and Fall Liability Basics

If you incurred injury in a slip and fall accident on another person’s property, all the following must apply:

The following elements make up the basics of a premises liability case, but it’s not that simple. The courts may also look at whether your carelessness was a contributing factor in the accident. For example, a patron who trips and falls on a piece of torn carpet while texting might share a small portion of fault in the accident. This is called the rule of comparative negligence and may affect your settlement amount. For example, if you incurred $100,000 in damages following a staircase accident, but the courts find you 10% at fault for an accident, you might only be able to collect $90,000.

Unique Considerations for Staircase Accidents

Determining liability in a staircase accident is generally more complicated than simple trip and fall accidents on level surfaces because of the inherent dangers involved. Staircase accidents generally cause more serious injuries and result in higher claims. Additionally, some staircase defects might not be immediately visible and will require a thorough investigation to determine fault.

The following examples might also inform your attorney’s investigation into your staircase accident:

Staircase liability can be a complex matter. If you or a loved one suffered harm from a slip and fall or trip and fall accident, it’s essential to contact a premises liability attorney as soon as possible. Their legal services can help protect your right to compensation under the law.

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What are the Common Car Seat Safety Mistakes and Tips?

Mon, 12 Feb 2018 17:37:00 GMT

Car seats provide invaluable protection to our children and greatly reduce their risk of severe injuries in the event of a car accident. Unfortunately, these devices are also notoriously hard to use and install. Despite cries from parents and the Consumer Product Safety Commission (CPSC) to make car seats more intuitive, approximately 75% of them are installed incorrectly or are incorrectly used. Improper installation or use could cause your car seat to be ineffective in a crash. Here’s what you need to know about the most common car seat safety mistakes – and what you can do to ensure your little ones enjoy maximum safety on the road.

According to car seat inspectors, the number one mistake that parents make is installing the car seat with a loose fit. To test yours, try moving it to the right, then to the left, then forward. If you can budge it more than an inch in any direction, it’s too loose. To fix the problem, push your knee into the seat and bear your entire weight on the seat to create more slack on the LATCH straps or seatbelt, and pull (it helps to have two people if possible – one to push into the seat, and one to pull on the strap). If you’re using a seat belt installation, make sure the seat belt locks – if your car was made prior to 1996, you might need to use the provided locking clip.

One of the most common mistakes that parents make is turning their children around too soon. According to the American Academy of Pediatrics, your child should weigh at least 20 pounds and be at least 2 years old before making the switch to forward facing.

Ideally, children should be rear facing until they reach the maximum height or weight for forward facing, whichever comes sooner. Some car seat experts recommend that children remain rear facing until age 4, but this isn’t always possible. If your child is over the age of 2, over 20 pounds, and is constantly fussing from having little legroom, it’s okay to turn him or her around.

Your infant seat should be at a 45-degree angle in the backseat. Some car seats come equipped with a level to help you determine the correct position, but you might not realize it. Checking the angle on your infant seat is essential for a simple reason: Your newborn’s windpipe is very small, about the size of soda straw. Their heads are also disproportionately large and heavy. A car seat that leans too far forward could cause your baby’s head to roll forward and cut off his or her air supply.

Fortunately, you can fix this problem by using the level. If your car’s rear bench leans too far back to achieve the right angle, try shoving cut up pool noodles or tightly rolled towels under the seat at baby’s feet.

Once you install your car seat correctly, you still have the harness itself to contend with. When buckling your child into the seat, make sure the five-point harness is tight enough (you should not be able to pinch any excess strap). You should also position the retaining clip at nipple level to avoid severe injury.

Car seat safety may be confusing, but it’s also essential to preventing significant injury in the event of a car accident . If you have any questions about your car seat installation, find an inspector in your area to check your work. Your local police or fire station is likely to have a car seat inspector on staff.

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The Importance of Protecting Your Eyes in the Industrial Workplace

Wed, 07 Feb 2018 17:30:00 GMT

For many of us, our sight is the key to our livelihood. We rely on our eyes to get us to and from work, to perform our job duties, and to learn. Our eyes help us acquire new information and even help us determine what other people are thinking. Isn’t that an organ worth protecting?

Unfortunately, some workers shirk their eye protection with disastrous consequences. Nearly 60% of injured workers were lacking proper eye protection at the time of their accidents. Eye injuries are one of the leading causes of lost productivity in the workplace – in fact, they cost the US economy $300 million per year in medical bills, workers’ compensation benefits, and lost work. Sadly, many of these eye injuries are preventable. Proper eye protection is essential for worker health and avoiding potentially devastating injuries.

What Are the Most Common Causes of Eye Injuries?

The National Institute for Occupational Safety and Health collects data regarding work-related injuries in the United States. It’s been found that the clear majority of eye injuries result from small objects or particles, such as dust, wood chips, and metal silvers abrading the eye. A separate study from the Bureau of Labor Statistics confirms this, with 70% of workplace eye injuries resulting from small sparks, embers, and particles. In fact, 60% of injured workers reported that their eye injuries resulted from a particle smaller than a pinhead.

Injuries also occur involving larger objects; there have been numerous reports of eye trauma from accidents with staples, nails, or other pieces of metal creating trauma that can result in permanent loss of vision. Chemical burns, exposure to UV radiation, and blunt force trauma are other causes of eye injuries in occupational workers.

Who Is at the Highest Risk?

While anyone can sustain an eye injury at work, some occupations are naturally more hazardous than others. According to the BLS, craft workers are most likely to suffer eye injuries in the workplace. These include workers in professions like welding, plumbing, electrical work, and pipefitting. While many eye injuries are easily preventable with personal protective equipment (PPE), compliance is often an issue. When PPE is cumbersome or uncomfortable, workers are less likely to wear it. For this reason, NIOSH recommends that each employer evaluate the following before establishing and ordering PPE for workers:

Ideally, a worker’s eye protection will be seamlessly integrated with the rest of their protective gear and should be adjustable to fit the different needs and head shape of each employee. According to a BLS survey, a whopping 94% of eye injuries to workers who were wearing eye protection resulted from a dangerous projectile or substance going around or under their eye protection. This highlights the need for employers to assess their current eye protection standards and ensure that they fit every worker’s needs.

And last, eye protection should be comfortable. According research from the BLS, comfort is a key factor in compliance with wearing eye protection. Eye gear should be easy enough for workers to wear all day, as it cannot provide protection if it sits on a shelf on top of a worker’s head due to discomfort. Features like cushions, gel nosepieces, and venting help improve the compliance rate in the worker population.

Protective eyewear, when properly fitted, is an essential aspect of worker safety. If employers took steps to make eyewear comfortable and adjustable, we could save millions of dollars and prevent thousands of workplace injuries each year.

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Can PTSD Occur After Car Accidents?

Mon, 05 Feb 2018 17:25:00 GMT

Victims of car accidents often find that the full extent of their injuries don’t present for days, sometimes weeks after a crash. Such symptoms may be indicative of whiplash or other soft tissue trauma. Symptoms can be also emotional in nature and signal a warning sign of a serious medical condition – post-traumatic stress disorder.

What Is Post-Traumatic Stress Disorder?

PTSD is a severe mental health condition that you might develop after being involved in a life-changing event, such as a motor vehicle accident. While it’s normal to experience some emotional tumult after a traumatic experience, PTSD takes a more profound toll on your ability to function normally. If it’s been a few months since your car accident and you still find it difficult to go to school or work, you might have PTSD.

PTSD is not a sign of weakness; it can happen to anyone exposed to trauma. You might be more likely to develop PTSD if you were involved in a serious car accident or lacked proper social support in the following weeks and months of your recovery. Gender, age, and previous exposure to trauma might also be risk factors for developing PTSD.

Main Symptoms of PTSD

Post-traumatic stress disorder can look a little different from person to person, but there are four main classifications of symptoms. These symptoms usually occur soon after a traumatic event, but in some cases, may appear months or even years later. They include:

How Common Is PTSD After a Car Accident?

Developing PTSD symptoms following a car accident is more common than you might think. The unfortunate reality is that 1% of the US population will experience an injury in a motor vehicle accident at some point – making car accidents one of the most common traumatic events people will experience.

The good news is that most people who survive a serious motor vehicle accident do not develop mental health problems. Those who do, however, are most likely to suffer from PTSD, anxiety disorders, or major depression.

According to the US Department of Veteran’s Affairs, around 9% of motor vehicle accident survivors develop PTSD. Additionally, about 50% of car accident survivors who seek treatment have some co-occurring mental health problem, such as depression. This seems to suggest that those with pre-existing mental health conditions may be more likely to experience PTSD after a car crash.

Thankfully, PTSD is treatable with the help of a mental health professional. If you’re experiencing any of these symptoms following a car crash, make an appointment with your health care provider as soon as possible.

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What is OSHA’s Proposed Crystalline Silica Rule?

Thu, 18 Jan 2018 21:28:00 GMT

Employers have a legal responsibility to ensure a safe environment for their workers. The Occupational Safety and Health Administration (OSHA) exists to enforce this responsibility and sets certain regulations regarding our nation’s workplaces. One of these new rules is set to benefit some of our nation’s most vulnerable workers – those employed by the construction industry.

Construction is one of our nation’s most important professions, but it’s also one of the most dangerous. Workers are prone to injuries from heavy machinery, falls, and even electrocution – but there are also other occupational hazards, such as exposure to dangerous substances. One of the most common – and most dangerous hazards – is silica dust. A new rule from OSHA aims to address the dangers of silica dust and protect construction industry workers .

What Does the New Rule Entail?

Workers who engage in undertakings that create silica dust (also called “respirable crystalline silica”) are in danger of health problems. The new OSHA rule states that those who work under these circumstances – for example, cutting concrete, brick, and stone – must have additional protections that minimize the inhalation of this silica dust. Reducing the inhalation of silica particles can help reduce the risk of occupational injury and the negative health outcomes that accompany such exposure.

The Dangers of Silica Dust

The biggest reason for passing this new regulation is to prevent silicosis, which is a serious and incurable lung disease that can prove fatal. Silica exposure can also lead to other dangerous and life-threatening diseases including lung cancer, chronic obstructive pulmonary disease, and kidney disease.

This is not the first time OSHA has stepped in to address the negative effects of silica. In fact, these detrimental health effects have been long known for a long time. Exposure to asbestos, a silicate that was used extensively in home-building as a flame retardant in the 1940s, has been linked to the lung cancer mesothelioma. While asbestos is no longer used, remodeling older homes can expose it – and workers – to dust that can lead to disastrous consequences. For that reason, workers must follow strict procedures and protective measures when working on homes or buildings that might contain asbestos.

Now, OSHA is taking existing standards a step further and attempting to limit all exposure to breathable silica. The new standard requires that silica particles be limited to 50 micrograms of air per cubic meter over 8 hours. The previous standard was 250 micrograms. Companies that do not comply could face fines up to $12,675, and up to $126,749 for repeated or purposeful violations.

What This Means for Workers

The new rule signals many positive changes for workers: First, those who work around breathable silica dust will enjoy a safer work environment. OSHA expects the new rule to reduce the incidence of occupational lung disease and cancer. If you incur an injury at work resulting from silica inhalation, it might also be easier for you to gain compensation for the full extent of your injuries, pain, and suffering. In other words, the new OSHA regulation will make working in one of the nation’s most dangerous industries safer and more fulfilling.

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Were you injured on a bikeshare?

Tue, 16 Jan 2018 21:22:00 GMT

The peer-to-peer model is becoming increasingly popular, both in Texas and around the United States. Savvy consumers are realizing that they can save time and money by cutting out the middleman and working together toward a common goal. That’s why Uber, Lyft, and Airbnb are experiencing an explosion in profit and use. These companies have given rise to other types of service sharing, including bikeshares.

Unfortunately, this convenience also has a dark side – it can make liability extremely complex in the event of an accident that leads to injury. If you recently sustained an injury while using a bikeshare, you might be wondering if you have legal options. Discover who might be liable for your bikesharing accident.

An Evolving Area of Law

Sharing programs are fairly new, so they are still an evolving area of law. As a result, you may be unsure how to proceed if you’re involved in an accident. However, there are several possible forms of recourse you may be able to pursue if you are injured while using a bikeshare. Here are some of the most common scenarios:

An Accident Between a Bikeshare and a Car

The consequences of bicycle/ car accident are often devastating. The most common form of motorist accident involving bikes occurs when a motorist turns right into a bike that’s crossing at a traffic signal. In this case, the driver is almost always at fault. In fact, the law often sides with the bicyclist in accidents involving motorists, as drivers have a legal obligation to “share the road.”

If you’re using a bikeshare and sustain injuries in an accident with a motorist, you will likely file a claim with the at-fault driver’s insurance to compensate for damages.

Injured Due to Defect or Malfunction

If you pay for a service such as a bikeshare, the company has a responsibility to make the experience reasonably safe. This means the bikesharing company must inspect and test the bikes to avoid the risk of malfunction or defect that could lead to injury. If, for example, you were using a bikeshare and the wheel or pedal came off, the company that rented you the bike may be liable for your medical bills and any other harm you suffer.

These rules apply under a broad area of personal injury law called “product liability.” Product liability laws hold that entities that manufacture, distribute, and sell (or in this case, rent) consumer products must use reasonable care in protecting those who use them. If they fail in their duty to maintain their bikes or reasonably foresee the potential for injury, they will likely be responsible for any damages you incur.

Bikesharing may involve several complex elements, and several parties may share liability for your injuries. Since this is a new concept, you should consult a personal injury attorney as soon as possible following an accident with a bikeshare. An experienced attorney can help you protect your right to fair compensation under the law.

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What Is a Common Carrier?

Thu, 11 Jan 2018 21:19:00 GMT

If you’ve ever ridden a bus, taken a taxi, gone on a flight, or taken a cruise, then you have used a common carrier. Many people don’t realize that the types of mass and public transit we use – whether by air, sea, or road – are held to a higher standard when it comes to accidents and duty of care. Common carriers are those businesses and entities that transport goods and people from one place to another in exchange for money. In some states, even amusement park rides are considered common carriers by legal definition.

If you sustained an injury in an accident involving a common carrier, you may be entitled to compensation for your injuries – though the process of proving liability will be different than cases involving private parties. Learn about your legal options following an accident with a common carrier.

Negligence Involving Common Carriers

Any entity that transports people for a fee may be a common carrier. Some examples include:

It’s important to note that ridesharing services such as Uber and Lyft are not subject to common carrier law because of the nature of the business. However, liability involving peer-to-peer services is an evolving area of law.

Parties that are designated as common carriers have a responsibility to exercise the highest level of diligence and care regarding passengers and cargo. These common carriers have a higher standard of care compared to the average motorist, since passengers entrust them with their safety. Because they have a higher standard of care, it’s more likely that an accident may give rise to a negligence claim.

Common carriers often adhere to a higher standard of care by following special regulations. For example, commercial aircraft follow strict rules set forth by the Federal Aviation Administration. Failure to follow these regulations may be tantamount to committing negligence, which would make the carrier liable for any injuries that result. However, the exact mechanism for negligence will depend on the unique circumstances of your case.

Proving a Common Carrier Claim

Like most personal injury cases, proving that a common carrier is liable for your injuries will require showing that four essential elements apply:

Common carrier claims can be complex and require the assistance of a personal injury attorney . In some cases, they may involve claims against the government, which come with strict timelines and procedures. Be sure to talk to an attorney with specific experience in common carrier law.

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Can I Sue for a Railroad Crossing Accident?

Tue, 09 Jan 2018 21:12:00 GMT

Our cities and towns are filled with railroad crossings, as trains deliver goods and people all over the country. We give these railroads little thought, and we might not even think of them as dangerous. Unfortunately, people sustain injuries and die at railroad crossings each year. While you might assume that the driver is at fault for an accident at a railroad crossing, this isn’t always the case. In fact, in many instances, the action or inaction of another party contributed to an accident. Learn about your legal options if you or a loved one was involved in an accident at a railroad crossing.

Determining the Four Elements

Railroad crossing accidents can be complex, because there may be several different parties involved. Like the majority of personal injury cases, however, successfully gaining compensation for your injuries requires proving four essential elements:

Possible Liable Parties in a Train Accident

Accidents at a railroad crossing may involve one or several liable parties. Some of them include:

There are several elements that may come into play during a train wreck – for example, perhaps the conductors were poorly trained or vetted, or maybe the equipment fell below standards for quality. A personal injury attorney can help you by conducting a thorough investigation into the case, determining the parties responsible, and holding them accountable for their negligence.

These cases tend to be complex and can involve several private and municipal parties. If you or a loved one sustained an injury or worse at a railroad crossing, you may be entitled to compensation under civil law. Your best course of action is to contact a Houston personal injury attorney as soon as possible.

The post Can I Sue for a Railroad Crossing Accident? appeared first on GES Injury Attorneys .

Three Types of Auto Insurance You May Want to Consider in Texas

Thu, 04 Jan 2018 21:03:00 GMT

Texas is not strict when it comes to mandated coverage and insurance law compared to other jurisdictions. While many other states require minimums and aspects of coverage, Texas leaves much of this up to the consumer. While this can be a wonderful way to save money on premiums, it also may leave you vulnerable in the event of an accident. Whether you’re a new resident to Texas or simply considering upping your coverage, there are a few types of coverage you should consider to protect yourself from liability and incurring huge expenses in the wake of an accident.

Uninsured and Underinsured Motorist Coverage

You may pay your premiums on time and in full each month; unfortunately, you cannot say as much for every driver on the road. In fact, some drivers may not carry coverage at all. If you get into an accident with an uninsured driver, you may have limited options for filing a claim. This is where uninsured motorist coverage comes in.

If you are in an accident with a hit-and-run driver or someone with little to no insurance, this coverage allows you to file a claim with your own insurance company to compensate for the damages. If the at-fault driver has some insurance coverage but not enough to compensate you fully for your damages, your uninsured motorist coverage will step in and cover the difference. Having an uninsured or underinsured policy can provide valuable peace of mind.

Most Texas auto policies carry this type of coverage unless you specifically reject it. We caution against rejecting such coverage, as you could be paying your expenses out of pocket should the worst occur.

Personal Injury Protection

States with no-fault insurance mandate personal injury protection (PIP) coverage, but Texas does not. It does, however, allow you the option of adding PIP coverage, and it’s worth the extra in premiums. Your PIP benefits may also be called no-fault coverage; it kicks in when you sustain injuries in an accident, regardless of who’s at fault.

When you’re involved in an accident and need to pay for medical expenses, PIP benefits allow you to file a claim against your own insurance company, even if another person is at fault for an accident. This also applies if you’re a passenger and the driver of either vehicle carries PIP coverage.

Towing and Labor Reimbursement Coverage

In many instances, your motor vehicle accident may not involve any injuries and only property damage. In this instance, towing and labor reimbursement coverage may be helpful. This also applies when you must have your car towed or need a flat tire changed. This policy kicks in and covers any labor and towing costs associated with transporting your vehicle and will cover the cost of a rental car if your vehicle requires a lengthy repair. It’s a simple convenience that doesn’t cost much to have on your insurance policy each month but could prove invaluable should you ever need it.

Comprehensive insurance coverage could help you avoid liability and out-of-pocket expenses following a Texas car accident. Add these to your existing coverage to minimize your costs later.

The post Three Types of Auto Insurance You May Want to Consider in Texas appeared first on GES Injury Attorneys .

Can I Sue After Electric Shock?

Tue, 02 Jan 2018 21:02:00 GMT

An electric shock can prove devastating, even fatal . According to a recent report from the Consumer Product Safety Commission (CPSC), there are dozens of fatalities resulting from electrocution while using consumer products. Surprisingly, most of these fatalities were not children, but people 40 to 59 years old. This seems to suggest that many electrocutions that occur while using consumer products are not due to misuse, but defects or dangerous designs.

There are several other ways one might sustain an electric shock – for example, electrocutions are one of the most common forms of workplace injuries, especially in industries such as construction and utility work. You may endure an electric shock from a downed power line on someone else’s property or while using a pool in inclement weather. If you or a loved one recently incurred an injury from electric shock, you might be wondering if someone else is liable for your injuries.

In some cases, you may be entitled to compensation for the medical bills, lost wages, pain, and suffering you endured as the result of an electric shock. Your right to compensation depends on the unique circumstances of your case, as well as the other parties involved.

The Elements of an Electric Shock Case

Electrocution cases, like most personal injury cases, involve four basic elements:

If you want to collect compensation for your electric shock injury, you will have to provide adequate evidence of all of these, with the help of a personal injury attorney.

Other Considerations

You may be limited in your ability to sue, depending on where the accident occurred. For example, if you were shocked at work, your first avenue of recourse will be a workers’ compensation claim. The main advantage of these claims is that you won’t have to prove that your employer was negligent to collect benefits. On the other hand, collecting workers’ compensation benefits prevents you from suing your employer, even if your employer was negligent.

In this case, a personal injury attorney will investigate the possibility of a third-party claim. For example, your injuries could be the result of another party’s negligence, other than your employer. Common examples in a workplace setting include electrical subcontractors and utility companies. These cases can be complex and require the guidance of an experienced personal injury attorney.

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What Do I Need to Know About Opioid Lawsuits?

Wed, 20 Dec 2017 18:54:00 GMT

For the past couple of years, opioid drug overdoses have killed an unprecedented number of people in America. What has been most alarming is that overdose cases are not limited to areas where drugs have typically been a problem – opioids have invaded suburbs and high-income classes. Opioids, or opiates, are drugs that relieve pain. They are highly addictive. Continued use of opioids causes tolerance, dependence, and eventually addiction and withdrawal symptoms. Opioid lawsuits are cropping up around the country for unsuspecting patients who are now addicted to the substance.

The Danger of Opioid Addiction

Opioids are dangerous drugs in terms of addiction. Pain-relieving prescriptions such as those that contain fentanyl, oxycodone, morphine, or hyrdromorphone work by attaching to opioid receptors in the brain. They block the transmission of pain signals and affect the areas of the brain that control emotion. Opioid drugs activate the brain’s reward center, causing the euphoric feelings that can prelude drug misuse and abuse. Over time, the consumer can develop a tolerance for the prescription opioid, meaning he or she needs to take more and more of the drug to experience the same pain-killing effects. This can result in opioid addiction.

Even patients who take prescription painkillers exactly as prescribed can become addicted to the drug. Tolerance can turn into taking more of the opioids, and then experiencing withdrawal symptoms such as headache or nausea when off the drug. Soon, the consumer will not be able to function normally without being on the drug. In 4-6% of cases, when opioid prescriptions run out, the patient turns to heroin for the same effects. Heroin is also an opioid and often more easily available and less costly than prescription drugs.

Thus, the “opioid epidemic” is sweeping America through unsuspecting patients who seek pain relief without understanding the high risk of drug addiction. Every day, more than 90 people die from opioid overdoses. Overdosing is a high threat with opioid addiction due to the power the drug has on the brain. People who manage to begin the opioid detoxification process and the relapse are especially at risk of overdose, as the body may not be able to handle the same dosages it could before detox. Opioid addiction is a painful reality for thousands of Americans – many of whom began as law-abiding patients.

Who Is Liable for an Opioid Addiction?

As more and more patients are falling victim to opioid addictions, state and federal courts are processing more lawsuits. Victims are suing their doctors, drug companies, and other parties for the current opioid crisis. As someone struggling with an opioid addiction or a family member of someone who died because of opioid overdose, you may have grounds to file your own lawsuit in pursuit of financial recovery of damages.

The opioid-prescribing physician may be liable for a patient’s opioid addiction if the physician did not warn of the risk of addiction, failed to notice a developing tolerance for the drug, or issued an unsafe dosage that constituted a breach of professional duty. The healthcare facility may be liable if the doctor is an employee or if another staff member contributed to the addiction.

Suing drug manufacturers for addiction is not as common, but, in an opioid context, this could be a possibility. The opioid manufacturer may have breached a duty to warn doctors and patients about the propensity for addiction. Get help from an attorney right away if you believe you can sue a person or entity for an opioid addiction/overdose.

The post What Do I Need to Know About Opioid Lawsuits? appeared first on GES Injury Attorneys .

I Was Injured By Solar Eclipse Glasses

Mon, 18 Dec 2017 18:53:00 GMT

The total solar eclipse on August 21, 2017 was the first of its kind Americans saw since 1979 – and the last of kind we will see until 2024. Thousands of people stepped outside to look at the amazing phenomenon, when the moon completely eclipsed the sun. People who wanted to look directly at the eclipse purchased special glasses to do so without damaging the eyes’ sensitive retinas. Unfortunately, some solar eclipse glasses did not do their jobs. If faulty solar eclipse glasses caused your eye injuries, learn your rights under law.

About Counterfeit and Non-certified Solar Glasses

Looking directly at the sun, during an eclipse or at any time, can cause solar retinopathy. This is an eye condition in which the sun damages the sensitive cells at the back of the eye. Damage is not painful while it happens – causing many people to continue staring at the light until damage is permanent. Sun damage can cause temporary dark spots to appear in vision or permanent blind spots in vision.

During an event like a solar eclipse, people purchase special glasses to be able to look at the sun and watch the phenomenon without fear of retinal damage. NASA and the American Astronomical Society (AAS) were encouraging Americans to do so in preparation for the 2017 solar eclipse. Certified solar eclipse glasses work by filtering the sun through black polymer – a material about 100,000 darker than typical sunglasses. “Certified” means the glasses comply with the ISO 12312-2 international safety standard for these products.

Certified solar eclipse viewing glasses block out all ultraviolet rays and almost all visible light to allow people to stare at the sun without damaging their eyes. If the sunglasses comply with proper codes and properly protect the eyes, the wearer should not experience any problems. If, however, the product is counterfeit, permanent vision damage could ensue. This is exactly the situation many Americans have found themselves facing in the months following the most recent solar eclipse.

Do You Have a Product Liability Claim?

The AAS provided an article detailing how to tell if your eclipse glasses or handheld solar viewers were safe for use prior to the last eclipse. They wrote the article in the wake of reports of counterfeit eclipse glasses that were falsely labeled as ISO-compliant. The majority of complaints were coming from solar eclipse glasses that consumers purchased through Amazon.com. Counterfeit glasses pose a serious threat to the safety of eclipse-chasers, who assume it’s safe to stare up at the eclipse, when in reality the UV rays are silently damaging their retinas.

The enormous demand for eclipse viewing glasses sparked dozens of counterfeits on the market. If you noticed black spots in front of your vision, permanent spots, or other eye damage after viewing the eclipse through what you thought were ISO-certified solar glasses, get the truth as to whether or not your viewers were actually verified. Genuine viewers will have ISO 12312-2 certification, as well as the manufacturer’s name and address printed somewhere on the product. The glasses should not be more than three years old or have scratches on the filters.

After discovering you were looking through solar eclipse glasses that do not meet the ISO standards of production, talk to an attorney about a possible lawsuit against the manufacturer. False marketing and breach of warranty are product defects that could qualify victims for compensation. A lawsuit won’t restore your vision, but it could pay for your past and future medical expenses, lost quality of life, lost capacity to earn, and other damages.

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Can I Sue for a Heatstroke Injury?

Wed, 13 Dec 2017 18:50:00 GMT

The Lone Star State brings the heat in the summertime, with temperatures well over 100 degrees on the hottest days. Heatstroke, heat stress, and other heat-related injuries are common in Houston, especially for workers who have to labor outside all day. In many scenarios, employers and other parties can reasonably foresee the risk of heat-related injuries in this region and take steps to prevent them. Failure to do so, ending in heatstroke or other injury, may be grounds for a lawsuit.

Establishing Duty and Breach of Duty in a Heatstroke Claim

Strenuous labor in Houston’s sky-high temperatures can drain the body of salts and fluids, resulting in an emergency medical condition. Heatstroke is a serious condition that can cause muscle cramps or pains, dizziness, headaches, fever, rapid breathing, hyperventilation, heat rash, and fainting. Occupational heat exposure can be fatal. The Occupational Safety and Health Administration reports dozens of worker deaths relating to heat every year. Employers in Texas have the responsibility to know of the potential for heat-related injuries, and to try to prevent them. Duties an employer might have include:

If untreated, heatstroke can cause serious damage to the brain, kidneys, heart, and muscles. To have a case against an employer or other party for heatstroke, the victim will need to prove a duty of care existed between him/her and the defendant, and that the defendant breached this duty. The plaintiff must also prove this breach caused the heatstroke and that the plaintiff suffered damages such as medical bills because of the incident. Proving negligence typically requires gathering evidence and investigating the claim at hand.

Who Is Liable for a Heatstroke Injury?

The first step in pursuing compensation for a heatstroke is identifying the party who caused or contributed to the condition. Think about the party or parties responsible for your health at the time of the heatstroke. It might not always be an employer-employee situation. There may have been an employer, coworker, sports coach, supervisor, product manufacturer, property owner, or other party involved in a failure to protect you or a loved one from the heat. There may be more than one party that shares fault for the incident. Identifying the defendant in your case could take an investigation into who owed you a duty of care at the time, and who breached this duty.

Employers who don’t protect employees from the sun, supervisors who don’t watch children playing outside, and businesses or organizations that plan outdoor events could all be liable for someone else’s heatstroke injury. These are common parties accountable for the health and safety of participants. Liability could equal payment for the victim’s hospital bills, pain and suffering, and other damages. To find out if you’re eligible for compensation after suffering heatstroke in Houston, talk to a personal injury lawyer.

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Can You Sue If Someone Makes You Sick?

Mon, 11 Dec 2017 18:44:00 GMT

Getting sick is a nuisance at best, and a serious interruption to your life at worse. Depending on the illness, you could end up with thousands of dollars in hospital bills, lost income from taking sick days at work, physical pain and discomfort, and emotional stress from your condition. If you can pinpoint exactly who made you sick by spreading germs or transmitting an illness, it may be worthwhile to sue that person for your damages. Here’s what you need to know about these types of claims.

You Must Establish Negligence

Technically, you can sue anyone for anything in the Texas civil courts. For your claim to lead to successful settlement or verdict, however, you have to prove negligence. In broad terms, “negligence” can mean any action that falls outside of reasonable standards. These standards will depend on the relationship between the plaintiff (injured party) and the defendant (party allegedly responsible), as well as the circumstances of the situation. Proving negligence can be tricky in cases with a sickness as the alleged harm.

If you believe someone passed you an illness, you will have the burden of proof to show that not only the defendant got you sick, but that he or she did so negligently or intentionally. Proving negligence means presenting evidence, such as testimony from a professional, that shows a reasonable and prudent person a similar situation would not have done what the defendant did. For example, a reasonable and prudent restaurant owner would not have failed to properly refrigerate food, therefore preventing food poisoning.

It can be difficult to prove negligence in cases involving the transmission of illnesses. However, some cases are more cut-and-dry than others. For example, if an unsafe housing or workplace environment caused the sickness, it can be easier to prove that a hazardous condition exists, and that a prudent property owner would have eliminated or prevented the condition. A sexually transmitted disease is another common reason to file a civil lawsuit. In this case, it can be easier to prove negligence if the defendant knew or should have known about the disease at the time of passing it to another person.

When is a Lawsuit a Good Idea?

Just because you can sue someone doesn’t always mean you should. If your sickness has led to expensive medical care or a lifelong condition, it is most likely worthwhile to sue. If, however, you simply contracted the common cold or flu from a coworker, it might not be worth your time, money, or energy to sue. That being said, talk to an attorney if you’re curious about your rights to sue. If someone intentionally made you sick, a tort claim could be the best way to protect your rights. Damages you could sue for in an illness case include:

If someone makes you sick, you can consider filing a lawsuit against the person. In the right circumstances, a lawsuit can be the optimal way to recover financial losses and bring the defendant to justice. To learn more about your individual claim, contact a personal injury lawyer in Houston .

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Where Should You File Your Lawsuit?

Wed, 06 Dec 2017 18:40:00 GMT

Filing a civil lawsuit can be the best move you could make for you and your family’s future. When someone else’s negligence results in an injury to your or a loved one, you can and should take advantage of your right to sue. The first step toward seeking compensation for a civil tort, or wrongdoing, is knowing where to file your claim. Since there are several rules and guidelines for filing this type of claim in Houston, feel free to contact an attorney for assistance at any time.

Choosing the Location and Venue

Local laws can affect a personal injury claim . Therefore, the plaintiff must file the claim within the proper county. State laws protect defendants from having claims against them in inconvenient courts. The correct district is typically the one in which the defendant resides or does business, or the one where the accident took place. Once the plaintiff identifies the correct district, he or she must find the right venue. The venue will depend on the type and value of your claim. Retain a lawyer if you need help with this process (called “forum shopping”).

State vs. Federal Claims

Most civil lawsuits take the form of state court claims; however, some cases must only go to federal courts. For example, a case that names the United States as a party, or a case involving a violation of a federal law would both go to federal courts. Note that different deadlines apply to federal cases compared to state cases.

Small Claims Cases in Houston

According to Texas Rules of Civil Procedure Rule 500 , a “small claims case” is one for “money damages, civil penalties, or the recovery of personal property” that amounts to no more than $10,000, including attorney’s fees but not court costs. If your claim falls under this category, you will file with the Harris County Small Claims Court, in the Justice of the Peace Courts. The lawsuit will begin with the filing of a Petition, in writing. The Petition must state the following:

The plaintiff must make copies of the petition in the amount necessary to serve each defendant named. There is a Small Claims Court filing fee of $34. The plaintiff must make the statement of the claim under oath, by appearing in person before the Justice of the Peace or by filing a sworn Small Claims Petition with the clerk of court. It costs $75 to process a Small Claims case in Harris County. If your claim falls outside the parameters of Small Claims Court, you will need to file with the Justice Court. Your Petition will have the same requirements as the Small Claims Petition.

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Is a Landlord Liable for Criminal Activity?

Mon, 04 Dec 2017 18:37:00 GMT

Being the victim of a criminal attack can be the most frightening experience of your life. The most obvious person to blame is the one who robbed, mugged, or assaulted you – but did you know the property landlord could also be liable? Despite not being an active party in the crime, your landlord is still responsible for criminal activities that occur on the property. Learn when victims of crime can file civil lawsuits against landlords in Houston.

Criminal Attacks and Premises Liability

It may surprise you to learn that criminal acts on someone else’s property fall under the legal category of premises liability . It is the property owner – or holder’s – responsibility to reasonably prevent criminal activity. This requires learning about criminal history in the area or at the location and taking steps to prevent foreseeable crimes. What is “foreseeable” will depend on the area, crime history, and whether tenants have reported crimes in the past. Steps to prevent crime could include:

Failure to do what a “reasonable and prudent” landowner would do in similar circumstances, resulting in injuries from criminal activity, is negligence. Injured victims would have grounds to sue the property owner for this negligence, pursuing recovery for medical bills, property loss or damage, pain and suffering, and emotional distress. A landlord might not own the property, but that does not automatically protect him or her from liability.

Landlord Liability for Premises Incidents

A duty of care exists between landlords and their tenants. Landlords must protect their tenants to a certain degree. For example, they must ensure their buildings are up to code and comply with safe living standards. They must also make the premises secure, installing or replacing locks and other security features. Landlords should keep windows and doors in good working order. If the landlord knows or “reasonably should have known” of the possibility of crime, the landlord must do something about it – making changes to prevent crime.

What the law does and does not expect a landlord to do to prevent crime depends on the situation. If the home or apartment is in a high-crime area, the courts might find it reasonable and prudent to install bars on the windows, put up motion-sensor lights, and hire a nighttime security guard. If there has never been a history of crime in the area, the courts might not expect as much from the landlord. It will be up to the plaintiff (injured party) to prove the landlord was negligent in his or her duties to keep the premises secure and crime-free.

The courts do not expect a landlord’s efforts to be perfect. They do expect them to do enough to encourage and promote safety, as is reasonable for the circumstances. Proving landlord negligence and liability can be tricky in these cases. Victims should retain attorneys to fight on their behalf.

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What Should You Do If You Suspect Daycare Abuse?

Mon, 27 Nov 2017 21:06:00 GMT

Dropping your child off at daycare can be very difficult for a parent, especially that first time. You researched daycares in your area and visited the location, talking to teachers and directors until you have confidence that you have found a safe and happy place for your child to be while you are away. Yet even with all your care, something may happen to your child. If you believe your child may have been the victim of abuse at a daycare center or preschool, here is what you need to know.

Common Warning Signs of Abuse

Abusers often terrify children into keeping their abuse a secret, warning them that they will get in trouble if they tell anyone. Alternately, abusers may convince children through conniving. By gaining the child’s trust and making them promise to keep it a secret, the child often feels as though they cannot tell anyone about any abuse. Additionally, a very young child may lack the vocabulary to describe how someone hurt him or her. However, by knowing what to look for, you may be able to spot signs that something is wrong.

If your child starts exhibiting extreme mood swings or has a marked change in behavior, this can be a sign that he or she has experienced something traumatic. Children who exhibit sudden withdrawal may be struggling with keeping a secret. Abused children may also become aggressive, kicking and hitting and biting as they struggle to deal with their trauma.

If your child shows a continued pattern of extreme aversion to daycare, this may be a warning sign that the child has reason to stay away. It’s common for children to cry or throw tantrums during drop-off times, but extreme outbursts, faking illness, or creating excuses for why they shouldn’t go could be a sign of abuse.

Other signs include finding unexplained bruising or cuts on the child. If your child flinches at sudden movements or cowers at the suggestion you are unhappy, this may be a signal something has happened. Children also often exhibit night terrors or have nightmares after a traumatic experience as well. Also, if your child has soreness or itching around the genitals, this is a major red flag that should catch your attention.

What You Should Do Now

First, if you suspect abuse at your child’s daycare, do not take him or her back to the daycare while you investigate. Find temporary alternatives until you can ensure your child is safe.

Take your child to the doctor immediately. Doctors are more able to notice signs of abuse and may well notice evidence that you weren’t able to spot. When you feel fairly certain someone at the daycare hurt your child, talk to parents of other children at the daycare. If they are noticing the same patterns or injuries, you may have a more solid case against the organization and will be protecting other children.

If you still suspect abuse, then report it. Protect your child and others by letting the authorities do the proper investigation of the situation. Exposing what is going on is the swiftest method of bringing abuse to an end.

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How to File Claims Against the TSA

Wed, 22 Nov 2017 21:04:00 GMT

In the wake of the tragedy of 9/11, the U.S. has radically changed security at airports. The Transportation Security Administration (TSA) screens every passenger at most airports. While TSA agents are usually professional in the way they conduct their business, they are as human as we are and can make mistakes. If a TSA agent overstepped or caused damage to your property, this is how to file a claim.

Different Types of Claims

There are two main types of incidents for which you may file. The first involves your person. If the TSA agent who searched you touched you inappropriately or possibly even injured you, you may file a complaint asserting this wrongdoing. Likewise, if you have been the target of discrimination or prejudice, this is claim process you should follow.

The second type of incident you may file a claim for is damage to property. In the process of inspecting your baggage, the TSA agent may on occasion damage the property. You may file a claim to recover the amount of the damages.

Determine Who to File a Claim With

Before you can file a claim, you’ll want to determine who exactly damaged your property or searched you inappropriately. The TSA does not provide security at every airport in the U.S. At some airports, private security firms are providing airport security. If that was the case at your airport, you will want to contact that airport to learn who provides their security to file the claim against the proper authority.

In the event your property was damaged, one of the important things you will need to demonstrate is that the TSA is the responsible party for your damages. Many hands touch baggage throughout your travel. The TSA, the airline baggage handlers, and those looking for luggage all will likely toss your luggage around. The flight alone will likely jostle some pieces. You will need to clearly establish that it was not the airline or the flight who damaged your item, but the TSA agent who inspected it. This may be clear from the evidence if a securely-packed item is in a box or baggage that shows no sign of damage on the outside, but the contents inside seem mishandled.

Filing the Claim

In these situations, you should start the claim process immediately while you have the evidence at hand to support your claim. In most cases, there is a limit of two years to file a claim for damage. The TSA takes up to six months to fully investigate these claims and may require additional time if investigation by law enforcement is necessary.

Gather your information to begin the claims process. You will need your personal information, the date and time of the incident, airline, flight numbers, and flight times. Also, be ready with a description of the item and its damage, the cost of repair or replacement, any witness statements you have, and photographs of damage or videos of the inappropriate search, if available.

The claim itself begins at the TSA website . Click on “File a Claim” and begin filling in the form with the information you have collected. Two sections allow you the opportunity to explain your claim, the “Basis of Claim” and “Why do you believe that TSA was responsible?” When filling in these sections, remember to simply explain the facts. This is not the place for discussing your political views or venting your frustration. This is your opportunity to present your case in a clear and concise way; simply say what happened and why you TSA should compensate you.

Follow Up

Carefully read any follow up letters sent to you by the TSA, as some of them require further action on your part and are time sensitive. By carefully documenting your claim, you may receive compensation for any injury or damage.

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What Is “Distracted Walking”?

Mon, 20 Nov 2017 21:01:00 GMT

Mobile devices are such an everyday part of our lives that it can be hard to remember a time when we didn’t have them and use them constantly. Just imagine – Apple released the iPhone just over 10 years ago in June of 2007. Could Steve Jobs have imagined that we would be so captivated that we couldn’t walk down the street with these devices? Probably not, but here we are – many accidents later.

Now, we use smartphones constantly to connect with friends and family, to check our email, for work, or just to play games. In fact, many times we can become so immersed in the device, we lose track of our surroundings when walking. Distracted walking is a safety hazard not just for the pedestrian, but for everyone around us.

Hazards on the Rise

The number of injuries due to distraction have doubled in the past decade. While most injuries occur in people under 40, it’s a special hazard for those under 18 years of age and adults over 80. As we age especially, we tend to have a false sense of our abilities to notice what is going on in our periphery while remaining focused on a mobile device.

The problem has become so pervasive that Fort Lee, New Jersey, has banned texting while walking. And some cities in Japan are experimenting with putting crosswalk lights on the streets themselves to help those using phone to avoid walking into traffic.

Dangers and Injuries

Distracted walking creates the potential for a number of injuries ranging from trivial to life threatening. A common danger of distracted walking is tripping or bumping into something. This can result in minor injuries such as bruising or small scrapes or cuts, but a bad fall could lead to sprains, especially in ankles or wrists as you try and catch yourself, broken bones, broken teeth, and concussions.

Far worse injuries can occur from distractedly wandering into traffic. In addition to smaller injuries, this kind of accident could also lead to paralysis, brain injuries, or even death.

Potential Liability

While at first you might only imagine potential hazards to yourself from distracted walking, you are potentially liable for injury to others and damage to property. The law may hold a pedestrian crossing against traffic signals due to distracted walking liable for any accidents caused as a result.

If you are walking distractedly and bump into another pedestrian, you may cause them to trip or even stumble off the sidewalk into traffic. This could result in their facing the same injuries from tripping or stepping into traffic as listed above. Your liability in this case could result in a judgment against you for medical bills, compensation for lost wages, and pain and suffering.

Make Safety a Habit

Always be aware of your surroundings when walking. Wait to look at your phone until you can stop and give it your full attention. Lower volume in headphones when walking so that you can clearly hear cues around you, like sirens or horns.

By exercising common sense precautions, you can prevent causing yourself needless and possibly serious injury, while also looking out for those around you.

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How to Avoid Holiday Decoration Injuries

Wed, 15 Nov 2017 20:59:00 GMT

The holidays are a special time of year for decorating your home inside and out. Those decorations are what give the holidays its festive feel. As with anything, if you or someone you love suffers an injury by those decorations or when putting the decorations up, you might lose that festive feeling. Follow these tips to keep safe this holiday season.

Avoid Fire Dangers

The warm glow of candles and the twinkle of electric lights is everywhere this time of year. Unfortunately, these lights present a particular hazard. The Electrical Safety Foundation International reports that over 1,100 home fires happen every year begin with decorations , and that’s excluding fires that begin with the Christmas tree. Christmas, Christmas Eve, and New Year’s Day are the top three days of the year for candle fires.

Check your lights before using them by thoroughly examining cords and bulbs for any fraying or breakage. If you see a frayed cord, do not try to repair it; simply replace it. Don’t use more than three light strands per extension cord, and examine that extension cord as well, especially if it’s a cord you haven’t used since last year.

For candles, use candle holders and always be aware of your surroundings when holding a candle. Keep hair, scarves, curtains, and the Christmas tree away from the flame. That flame may look small now, but give it just a bit of the right fuel and it could ruin your holidays this year. Never leave a flame unattended.

Christmas Tree Care

Christmas tree fires are among the most deadly. When selecting a tree, make sure it is green and fresh. Before putting in the tree stand, cut the bottom of the trunk back by around an inch for it to draw water properly. Often, the tree lot where you bought it will do this for you. Be sure to check frequently that the tree has water. Also, be careful of placement, the tree may look pretty near a fireplace, but that hot air will dry it and increase the fire hazard.

When putting the tree up, install it securely to avoid a falling hazard. Pets and small children are notorious for toppling things – and few things are more dangerous than a toppled Christmas tree.

Level Your Ladder

It’s especially important to take precautions when using your ladder to put up holiday decorations around the outside of your house. As the project wears on, it can be tempting to become impatient to finish and take shortcuts – especially when it comes to ladder safety. Don’t do it! Ladders are a safe way to reach those high places but only when used properly.

Always plant the ladder on a level surface, and remove any clutter or debris that may be near. A hard surface like a driveway or sidewalk is best for this, but, if you must put the ladder on bare ground, make sure the ground is solid under both feet. You don’t want one side sinking into the ground, causing you to tip over. Have someone holding the ladder whenever you’re on it. After all, this is a project best enjoyed together.

Stay Safe Stay Merry

A few simple precautions can help ensure your safety this holiday season without taking away from the festivities. Stay safe this holiday season, and have a happy new year.

The post How to Avoid Holiday Decoration Injuries appeared first on GES Injury Attorneys .

When Do You Need a Lawyer for a Workers’ Compensation Claim?

Mon, 13 Nov 2017 20:56:00 GMT

An injury at work hurt you and laid you up for a few weeks, but, you’re feeling better now, and your doctor says you can go back to work. Your employer is very understanding and genuinely seems to have your health as the priority. On the other hand, you’ve heard scary things about insurance companies. Those medical bills weren’t cheap, and you did miss a few weeks of work. What about medication and follow up visits to the doctor? Would the insurance company cover those if they accept your claim? Here are some factors to keep in mind as you consider whether to contact an attorney for your claim.

The Claim Process

When you are injured on the job, the first thing to do is seek immediate medical attention. Some policies may require you to see a specific doctor, but many state laws provide for you to receive treatment from the doctor of your choice. Next, notify your employer of the injury as soon as possible. Most states require that you notify the employer in writing within 30 days of the injury if it is work related, but make the report as soon as possible.

If your employer has workers’ comp insurance, the company will file the claim with their insurer. A representative will contact you to notify you if the insurance company has accepted your claim. They will probably require that you fill out some forms. The insurance company will notify you of what benefits they intend to provide and what medical treatments they will cover.

What to do After a Claim Denial

At some point in the process, you may begin to wonder if you need an attorney. There can be a dizzying amount of paperwork to fill out for doctors, the insurance company, and your employer. It’s a lot of stress to deal with while still recovering from an injury. In a recent survey by the Workers Compensation Research Institute, 46% said they hired an attorney because the insurance company denied their claim, when, in fact, the insurers simply hadn’t accepted them in the process. If you are sure the insurance company denied you claim, you will likely need the services of an attorney.

After a Serious Injury

If your injury is minor and you will soon return to work, you may not feel that an attorney is necessary. If you have suffered a serious injury that may keep you out of work for several weeks, or if your medical situation will require ongoing care for an extended period, you should likely consult an attorney. Though insurers are doing their job by paying your claim, they still have the best interests of the company at heart – not yours. It may be your wisest move to consult an attorney.

Even if your claim seems relatively minor, it may still be in your interest to engage a lawyer. What will be the ongoing consequences of your injury? Are you likely to continue to require medication or rehab even after returning to work? Also, you may need to consider the possibility that your condition worsens again later, especially after returning to work. An attorney has the experience, along with your doctor, to know the likelihood that your situation will worsen or get better with time.

Consider Your Options

In many cases, the workers’ compensation system works exactly as the law intends to get you the medical treatment you need to get you back to work and compensate you for lost time. However, if your situation has the possibility of having lasting consequences or the insurance company has denied your claim, an attorney can advise you of your options moving forward.

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How to Get an Accident Report Revised

Wed, 08 Nov 2017 20:52:00 GMT

If you’ve been in a car accident , one of the most important documents to have is the police accident report. When you receive your copy of the report, it is extremely important that you thoroughly read over all the information to verify that it is correct. The police report of your accident is often an insurance companies primary tool for determining who is at fault and assigning responsibility. If you spot an error, however, you may not know how to proceed to correct it. Follow the steps below, and you should be able to come away with an accurate report.

Contact the Police Officer

If the error is a minor mistake involving readily verifiable facts of the situation, contacting the police officer may be all that the insurance company requires to mend the report. This should work well in cases where someone has transposed the digits in a phone number or driver’s license, misspelled a name, or in correctly identified an intersection.

A careful search of the document should reveal the name of the police officer who made the report. Call the officer and explain what the problem is. Maintain a calm and professional tone of voice throughout this process.

The officer is a professional doing his or her job, and all professionals realize mistakes occur and may require correction from time to time. Maintaining a professional demeanor will help keep any negative emotions from influencing the process. Be prepared to back up your statements with the evidence that establishes the facts.

Write a Letter to the Officer

If the phone call was not enough to bring about the correction, it is time to put your concerns in writing. Carefully explain in writing what you believe are errors in the report or what requires further clarification. Provide as much evidence as you can to support your assertion. Include photographs of the location or vehicle in question if possible. Include statements from other witnesses to the accident that clearly contradict what others may have said.

Again, keep the tone of the letter professional. You are providing clarification and evidence to support your assertions, not attacking the credibility of the officer. Stick closely to the facts and avoid any emotional appeals. The fact that this error may cost you hundreds of dollars is significant to you but is not relevant to whether the report’s facts or your assertions are correct.

Go to Court If You Must

If the letter still does not resolve the situation and the issue is serious enough, you may need to go to court to present the evidence. This is an extreme measure reserved for the most serious cases, but, in some cases, it’s a necessity. If all other means have failed and the matter warrants such measures, having your attorney argue your case in front of an impartial judge may be your best recourse.

Getting the Revised Report

Challenging a police report may seem daunting, but, by maintaining a professional attitude and sticking closely to the facts, these steps should result in getting the correction you need.

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How to File a Minor Automobile Accident Claim

Mon, 06 Nov 2017 20:41:00 GMT

If you were involved in a major car accident you would probably be confident you knew what to do next. You would get treatment for any injuries, inform your insurance company about the accident, and then contact a lawyer and rely on them to take you through the process from there. But if you are involved in a minor crash, and attempting to handle these details on your own, you may be at a loss as to how to proceed. Here is a guide to help you understand what steps to take after your minor accident.

What Is a Minor Accident?

The Institute for Traffic Safety Management and Research recently released numbers indicating that in 2016, there were over 82,000 accidents in New York State, of which the law considered 31% minor. While there is no hard and fast rule about what constitutes a minor accident, generally it means that the damage is less than $500, and there are no significant injuries.

Should I File a Claim?

It is a good idea to file a claim, even if you consider the accident to be minor. Damage to your car may be more serious than you may notice with a quick roadside inspection. Problems may develop down the road that you were not expecting at the time. Injuries, too, may be more severe than you realize at the time. It is not uncommon to have seemingly innocuous injuries at the time of the accident that begin to show increasingly severe symptoms over the following days.

While you and the other driver may have agreed to simply let the matter go, you cannot be sure that the other driver will not have second thoughts and file an insurance claim after all. Choosing not to file a claim may result in serious difficulties later that may not be foreseeable in the moment.

How Do I Start the Process?

Once you have been in an accident, here are the steps to follow:

A Minor Accident Doesn’t Have to Be a Big Problem

New York law requires that all drivers carry auto insurance. If you follow the above steps, your minor accident won’t turn into a big problem down the road.

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How to Avoid Drowsy Driving

Wed, 18 Oct 2017 20:28:00 GMT

Drowsy driving has become an epidemic around the U.S. About one in 25 drivers report having fallen asleep behind the wheel in the last month. An even higher number report driving tired or drowsy. Drowsy drivers may cause up to 6,000 fatal car accidents per year. Anyone can succumb to drowsy driving, but those with sleep disorders, lack of sleep, commercial driving jobs, or night shift workers are most at risk. Use these tips to avoid driving while tired and to prevent yourself from being involved in a related car accident in Houston .

Learn the Signs of Drowsy Driving

Often, drowsy driving creeps up on drivers without them realizing they should pull over. A driver can feel fine one moment and fall asleep the next. There are signs that can indicate to a driver that it is time to pull over and sleep. If you notice any of the following while driving, you are too sleepy to safely continue:

Even small lapses in attention due to drowsiness can be enough to cause an accident. As soon as you detect signs of drowsiness, pull over and rest. Every minute you spend on the road while too tired to drive is another minute you put your life and the lives of others in danger.

Don’t Drive While Medicated

It’s not only illegal drugs that can be dangerous for drivers. Many legal and prescription drugs also have harmful side effects that make a driver incapable of safely operating a vehicle. Always check with your doctor and read the label on over-the-counter drugs to find out if you should wait before driving. Medications such as pain relievers with morphine or codeine are unsafe for use before driving, as are many anti-anxiety and antidepressant medications. If the drug may cause drowsiness, don’t take it before driving.

Deal with Sleep Disorders

The Centers for Disease Control and Prevention states that more than 70 million Americans suffer from sleep disorders. Many have undiagnosed sleep disorders, and they may not realize why they feel drowsy during the day. If you suspect you have a sleep disorder such as sleep apnea, insomnia, narcolepsy, or restless leg syndrome, see a doctor for help. There are treatments for sleep disorders that can help you get a good night’s rest, and prevent drowsy driving.

Pull Over and Sleep

If you feel too tired to drive, pull over someplace safe, such as a secure rest area, and sleep. There is no substitute for sleep. Coffee, energy drinks, and other methods are not enough to make you alert enough to drive, and they can lead to an energy crash later. Sleep for at least 20 minutes, then continue to drive until you feel too tired again. Avoid driving at night or driving for long hours if possible. Drive with a passenger who can stay away with you, or take shifts driving. When in doubt, pull over and rest.

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What Is Qualified Immunity?

Mon, 16 Oct 2017 20:19:00 GMT

Public officials such as government employees and law enforcement officers have specific protections when it comes to liability for personal injury accidents . They enjoy “qualified immunity” from lawsuits, which shields them from civil liability unless they violate an individual’s statutory or constitutional rights. Qualified immunity in Texas makes it more difficult to hold a public official liable for an accident, but it is not impossible. With an attorney’s help, a public official may still have to pay for a victim’s damages.

Who Has Qualified Immunity?

In Texas, qualified immunity protects state or federal employees who were performing job-related tasks at the time of the incident. Civil servants such as police officers, firefighters, politicians, members of the armed forces, security agents, and government officials all fall under the blanket of qualified immunity. However, judges, prosecutors, legislators, and some others do not receive qualified immunity. The goal of qualified immunity is to allow officials to perform their jobs without fear of individuals suing them.

If a party works for the state or federal government, odds are qualified immunity will come into play. Note that the defendant must also have been on the job at the time of the incident. An individual may only receive qualified immunity of he or she was within the job capacity at the time. An off-duty police officer who causes a car accident, for example, may not have immunity under this doctrine. The officer must have been performing his/her job to receive qualified immunity. Talk to an attorney to find out if the individual or entity you plan to sue falls under the protection of qualified immunity.

Were the Defendant’s Actions Reasonable?

Qualified immunity does not always protect public officials from lawsuits. There are circumstances that act as exceptions to the qualified immunity rule. If the employee violated an individual’s clearly established federal constitutional or statutory rights in the incident in question, he or she will not receive qualified immunity. A clearly established law must outline the plaintiff’s rights, and the defendant must have violated this right. In these cases, qualified immunity will not bar the victim from recovery.

Using the qualified immunity defense relies on the reasonableness of the defendant’s actions in relation to the plaintiff’s injuries. The courts will ask if a reasonable and prudent party in the defendant’s position would have known that his/her actions or inactions violated a clearly established right. If the answer is no, the defendant will receive qualified immunity. The defendant must have knowingly (or negligently) violated the victim’s rights to face liability for damages.

Will Qualified Immunity Affect Your Case?

Speak to a lawyer to find out if your personal injury claim will invoke qualified immunity. If so, the party that allegedly caused your harms may avoid going through a trial and paying for your damages. It can be difficult to prove that a government official should not receive qualified immunity in a specific case scenario. An attorney can help you understand whether this element will affect your claim and your options for recovery with or without immunity. The courts must solve qualified immunity issues as early as possible in a case to prevent unnecessary fees and delays.

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What Are Some Things You SHOULDN’T Do After a Car Accident?

Wed, 11 Oct 2017 20:11:00 GMT

Knowing what not to do after a car accident is as important as knowing what to do. There are things you could do or say that harm your chances for recovery or make the process more difficult. Protecting your rights requires an understanding of the actions that could work for you and against you in the future. Keep this checklist available in case you get into a crash in Houston.

Do Not Flee the Scene

Texas law requires all parties involved in a motor vehicle crash to stop and remain on the scene until they can verify that no one suffered personal injuries or property damage or until police tell the party it is okay to leave. No matter how scared or overwhelmed you might feel, stay on the scene and check yourself and others for injuries. Fleeing the scene can result in criminal hit-and-run charges against you. If no one is present at the time of the accident, leave your contact information with the damaged vehicle or property.

Do Not Admit Fault

Once you stop and speak to the other driver, do not apologize for the crash or say that it was your fault. Admitting fault can make it difficult or even impossible to recover damages after a crash. Wait for a police or insurance investigation to assign fault. Even if you believe you caused the accident, the other driver or a third party may have also contributed. Wait for authorities to arrive and record your side of the story.

Do Not Leave Authorities Out of the Loop

You must call 911 and report your crash in Texas if it resulted in personal injuries, death, or more than $1,000 worth of property damage. You must also call your vehicle insurance company as soon as possible after a collision to qualify for coverage. Never leave authorities out of the loop after a car accident. You could get into legal trouble for failing to call 911.

Do not trust an “under the table” exchange with the other driver, wherein he or she promises to pay for your damages out of pocket instead of you calling the insurance company. Odds are the driver will give you false information and disappear. Don’t take this risk – call the police when necessary and always report the crash to your insurer.

Do Not Ignore Your Injuries

Request an ambulance if you believe you’ve been injured in a car accident. If you don’t feel injured, seek medical attention anyway. Explain what happened to the doctor, and he or she will perform the appropriate tests to check for injuries. It is possible that you have an injury with delayed symptoms, such as a minor concussion. Visiting the doctor right away can improve your chances of financial recovery; it proves that your accident-related injuries were intense enough to require immediate medical attention.

Do Not Self-Represent

In the aftermath of a car accident, a major priority may be to receive compensation for your personal injuries , medical bills, lost wages, and property damage. You may need to negotiate a settlement with an insurance company, and/or consider filing a personal injury lawsuit against the driver, a company, and other parties for your crash. Don’t attempt these tasks alone. Partner with a Houston car accident attorney for professional representation and assistance during the filing process. A lawyer can help maximize your recovery.

The post What Are Some Things You SHOULDN’T Do After a Car Accident? appeared first on GES Injury Attorneys .

Tips to Prepare for Injury Lawsuits

Mon, 09 Oct 2017 20:09:00 GMT

Taking on a personal injury lawsuit in Texas can feel daunting. It is likely your first encounter with the civil justice system, and you may already feel rattled after sustaining an injury in a car accident, slip and fall, animal attack, or another incident. Retaining an attorney can ease your mind during the legal processes necessary for filing a suit. There are also steps you can take as an accident victim to prepare for a suit and to make the entire process feel much more manageable.

Record Everything

The more information you put on paper, the better. Record your version of what happened as soon as possible, while the accident is still fresh in your mind. Write down everything you remember, including whom the accident involved and what you believe caused your injuries. Writing down a detailed account of events can help you keep the incident straight later.

Keep track of all documents that relate to your incident, including medical records, police reports, documents from your employer, hospital bills, insurance claims, emails, and anything else that could affect your claim. Keep all documents in a file to stay organized for your claim. If you need help obtaining documents, an attorney can assist you with this process.

Take Photos

Photographic evidence is valuable in personal injury claims. A photograph of a pothole that caused a tire blowout, for example, can serve as proof that the pothole existed, even if the city fills it hours after the accident. Take photographs of the setting of the accident, focusing on elements that may have caused or contributed to your injuries. Photograph property damage, personal injuries, and anything else that seems relevant.

Speak to Witnesses

Witnesses can help support your claim with stories that corroborate with your own. Seek out anyone who witnessed your accident, and record names and contact information. If witnesses are willing, ask them to record or sign a statement. Ask witnesses if they are willing to testify at a hearing. If they do not want to testify, they may at least be available to give a statement to police or an attorney.

Go to the Doctor

To receive an award for your recent accident, you will need proof of compensable damages. This can be personal injuries, emotional distress, or property damage. Proof of physical injuries can come in the form of photographs, medical records, and testimony or statements from your doctors.

The sooner you visit the hospital after your accident, the better. Prompt medical care can improve your prognosis for physical recovery, as well as signal to a judge or jury that your injuries were severe enough to require immediate medical attention. Get a professional opinion about your health, as you can use your doctor’s comments to support your claim.

Retain an Attorney

It is possible to self-represent in Texas, but, in most cases, this will decrease your odds of success. Personal injury attorneys spend years honing their practice, gathering experience and education that can significantly help your case. The best way to prepare for your lawsuit is to receive personalized advice from an attorney. Most offer complimentary initial consultations to get started.

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What Are Dram Shop Laws?

Wed, 04 Oct 2017 20:02:00 GMT

“Dram shop laws” refer to the civil liabilities of individuals and establishments that serve alcoholic beverages. Every state has its own version of dram shop laws, with different provisions and rules for servers. Dram shop laws may come into play in cases involving an intoxicated individual, such as a drunk driver. In some circumstances, accident victims may be able to name the “dram shop” (or social host) as a defendant in a personal injury claim. Understanding the dram shop laws in Texas can help you if your case involves an intoxicated party.

Dram Shop Liability in Texas

“Dram shop laws” came about to hold servers of alcoholic beverages liable for injuries their patrons cause. It is an establishment’s responsibility not to over serve patrons or to contribute to a subsequent alcohol-related accident as much as reasonably possible. The Alcoholic Beverage Code, Title 1, Chapter 2, contains the content of Texas’ dram shop laws. According to this law, the “providing, selling, or serving” of an alcoholic beverage may become the basis of a statutory cause of action if certain elements surround the incident. These elements are as follows:

Texas may also hold social hosts liable for injuries an intoxicated person causes, not just bars or dram shops. If the intoxication of a minor under the age of 21 caused the damages, an adult 21 years or older may be liable if the adult is not a parent, guardian or spouse, and if the server knowingly provided the beverage to the minor or allowed someone else to serve the minor. In other words, a social host may be liable for damages a drunken minor causes if the host knew or should have known that the person was underage.

Third Party Responsibility for Drunken Parties

Dram shop laws came about from the need to hold someone responsible for the intoxication of an individual who goes on to injure others. While dram shops and social hosts do not bear the responsibility of making sure no one gets drunk, they must not serve someone who is visibly intoxicated and presents a danger. Serving this person is an act of negligence that could lead to liability if the person then drives drunk, assaults someone, or causes other harms because of his or her drunkenness.

Accident victims may be able to recover damages against an establishment or social host in a personal injury lawsuit if the defendant’s actions qualify under Texas’ dram shop laws. Victims may name the dram shop as a defendant in addition to the drunken individual and/or other parties. Dram shop laws are particularly helpful when the drunken party does not have the means to pay a compensation award. An establishment such as a bar or restaurant will have insurance that can pay the award. For more information about Texas’ dram shop laws and how to prove your case, talk to an attorney.

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How to Prove Emotional Distress

Mon, 02 Oct 2017 18:42:00 GMT

The injuries one sustains in an accident may not only be physical. Accident victims can also suffer emotional, mental, and psychological harms from traumatic experiences. The courts recognize these as non-economic or general damages, and they allow injured parties (plaintiffs) to financially recover for them. Like showing proof of physical injuries, plaintiffs also bear the burden of proving their emotional distress after an accident. The jury will listen to the plaintiff’s argument and decide on the award. Proving emotional distress takes a few specific actions.

Expert Witness Testimony

Evaluations and notes from psychologists or doctors are some of the best evidence of emotional distress. A professional diagnosis of emotional distress or a condition such as post-traumatic stress disorder (PTSD) can serve as proof that the incident in question affected the plaintiff badly enough to inflict serious and/or long-lasting emotional harm. Calling an expert witness to the stand to testify about the plaintiff’s mental state can also help a case for emotional distress. There are certain symptoms a doctor may use to diagnose emotional distress, including:

A professional may write a note or testify in front of a jury about the plaintiff exhibiting these or other symptoms that point to emotional distress. It is the injured party’s responsibility to then prove the event in question was the proximate cause of the distress. The event could be a personal injury the plaintiff suffered or something traumatic the plaintiff witnessed, such as the death of a loved one or a tragic event.

Serious and Ongoing Suffering

It is important to have evidence that shows the intensity and duration of your emotional distress. This is what will prove the harm is severe enough to deserve financial compensation. The intensity of your mental anguish may come down to the seriousness of your injuries or the amount of trauma an experience inflicted upon you. There are several ways to show the intensity of emotional damage, including testimony from psychologists and comparing your case with others who went through similar experiences.

The duration of emotional distress can decide how great an award the jury believes you deserve. If a plaintiff only suffered emotional distress the day after the incident, the jury may not think it is enough to deserve a substantial award. If, however, the plaintiff suffers consistent, chronic, or recurring pain for a long period of time, it can prove emotional distress. Post-traumatic stress disorder is a common example of emotional distress that lasts for a long time after the incident.

Having a related bodily harm can help prove the existence of emotional distress, but it is not always necessary. Depending on state laws, one can go to court in pursuit of compensation for emotional distress without a bodily injury. However, existence of a catastrophic injury such as paralysis or an amputated limb can serve as evidence that the victim now lives with some level of emotional distress. For emotional distress cases, work with an attorney in Houston. It can be difficult to prove this harm, but a lawyer can help.

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Can I Sue the Government If I Was Injured by a Pothole?

Wed, 20 Sep 2017 18:30:00 GMT

Potholes are more than just inconveniences for drivers. They are dangerous roadway defects that have caused thousands of car accidents, property damage, and personal injuries in the State of Texas. Potholes can cause tire blowouts, loss of vehicle control, and vehicle rollovers. You may think you have no one to blame for a pothole-related accident, but this is not true. You may be able to bring a claim against the entity responsible for the pothole – the city or state.

Texas Tort Claims Act

The City of Houston is responsible for searching for defects and repairing the roadways within the city. Like other property owners within the city, it has a duty to repair known hazards, search for unknown ones, and warn roadway users of existing hazards not yet repaired. If the city knew, or reasonably should have known, about a dangerous pothole on a public road or highway, and failed to make repairs, it may be liable for subsequent accidents the pothole causes.

The Texas Tort Claims Act is a civil law that states when a governmental entity is liable for wrongdoing within the state. Prior to the Tort Claims Act, the government enjoyed sovereign immunity from most civil lawsuits. Now, however, citizens have the right to sue a government body or employee for personal injury accidents . The government may face liability for property damage, personal injury, and death that the negligence, omission, or wrongful act of a government employee or unit causes.

Pothole-related accidents may qualify as wrongdoings if the government body in charge of maintaining the roadways reasonably should have known about the defect and taken steps to prevent related accidents. There are steps a city must take to ensure the safety of its public roadways. This includes hiring maintenance crews, inspecting roads, and responding to driver complaints. Evidence of the city’s failure to fulfill these duties, contributing to a crash or injuries to a bicyclist or pedestrian, could result in city liability.

How to Sue for a Pothole-Related Accident

Pursuing a claim against the government follow different rules than typical car accident claims . Injured parties should pursue a claim against the City of Houston, or another governmental entity, with help from an attorney. An attorney can help you understand the provisions of the Texas Tort Claims Act, and file your claim within the proper time limits. An injured party typically has just six months from the date of the incident to file a Notice to the State of Texas. You have 90 days for an action against the City of Houston and/or Harris County.

Texas caps the amount of damages an individual can receive in a government lawsuit. The maximum amount of recovery a person can receive in a lawsuit against the State of Texas is $250,000 per person, $500,000 for bodily injury, and $100,000 for property damage. The City of Houston has the same minimums, but Harris County makes a unit of local government liable for maximums of $100,000 per person, $300,000 for bodily injury, and $100,000 for property damage. For more information about complex claims against the government for roadway defects, speak to a personal injury lawyer near you.

The post Can I Sue the Government If I Was Injured by a Pothole? appeared first on GES Injury Attorneys .

Bounce House Safety Tips for Kids

Mon, 18 Sep 2017 18:23:00 GMT

Bounce houses are popular attractions at many children’s parties and outdoor events. They provide a fun, seemingly safe activity for kids. Made of walls with bouncy, inflatable material, parents may assume that bounce houses don’t pose threats of bodily injuries. Unfortunately, this isn’t the case. From 2003 to 2013, there were 113,272 emergency department visits for injuries relating to inflatable amusements. More than 90% of these injuries were from bounce houses. Keep your kids safe in a bounce house without ruining the fun with these tips.

Anchor the Bounce House Properly

Some of the worst bounce house incidents involve the equipment falling over or becoming airborne from improper anchoring to the ground. Follow the bounce house supplier’s instructions when stabilizing the bounce house. Always situate the equipment away from trees, fences, and other objects that could harm children if they fall out of the bounce house. Do not set up the bounce house in bad weather, especially in high winds. There have been cases of bounce houses being swept into the air and into crowds. Always follow the instruction manual when setting up and using your bounce house.

Obey Size and Weight Limits

Every bounce house will have specific limitations on size, weight, and number of kids. Obey these limitations at all times, as they are in place for children’s safety. Do not let adults or children who exceed the weight/size limits inside, as this could damage the equipment and cause the bounce house to collapse. Children who are too small for the bounce house might suffer injuries if they get stuck or crushed beneath larger children. Children should be old enough to play safely.

Establish House Rules

Post a sign with rules at the entrance of your bounce house, and have a supervisor available to help enforce them. These rules should include no shoes, toys, food, drinks, or other objects that could cause harm if children land on them. Check children’s pockets for pens, safety pins, and other sharp objects that could puncture other kids or the material of the bounce house. Children should not shove each other against the walls of the bounce house, or push each other outside of the bounce house. Never let children climb on the outside of bounce houses, as they may collapse or turn over.

Supervise Children at All Times

About 66% of bounce house injuries are to the arms and legs. Leg and foot injuries were the most common, followed by arm/hand and head/face. These injuries occur mainly from contact with other children within the bounce house. A supervisor should watch activities constantly to ensure that children are obeying the rules and not getting too rowdy. Do not let children of significantly different sizes bounce at the same time. This can increase the risk of crush and collision injuries to smaller children.

Play It Safe

If you have any qualms about setting up a bounce house on your lawn or allowing your child to enter one at a public event, trust your instincts. Windy weather, broken rules, and lack of supervision have all contributed to child injuries and deaths in the past. Consider swapping out a bounce house for a safer alternative, such as a more permanent playground fixture.

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Car Insurance Terms Explained

Wed, 13 Sep 2017 18:19:00 GMT

Filing an insurance claim after a car accident can be an intimidating process. Whether you’ve done it before or it’s your first time, you may encounter terms and phrases that confuse you. Insurance claims representatives aren’t worried about protecting your best interests, but rather the company’s. They might not be much help when you need guidance for what’s best for you. Here are car insurance terms explained, so you can enter into your next claim informed and confident.

Adjuster

After a car accident, an insurance claims “adjuster” may contact you from the other driver’s insurance company. The adjuster may work for the insurer or be someone the insurer hired from a third party. This is the person who will investigate and settle your claim.

Bodily Injury Liability

With bodily injury liability insurance, your policy contains coverage for others’ bodily injuries after an accident that you cause. This type of insurance will not cover your own bodily injuries, but those of an innocent third party. Texas has a current minimum of $30,000 in bodily injury liability for each injured person, up to a total of $60,000 per accident.

Collision Coverage

Collision coverage will compensate for damage to your vehicle, regardless of who was at fault for the crash. Your company will pay to make repairs or to replace your vehicle after you pay a deductible. Your deductible is the amount you must pay in a loss before the company will cover the rest of the damages.

Comprehensive Coverage

If your insurance policy contains comprehensive coverage, it means your policy will pay for damages to your automobile from car accidents, but also from other causes. This may include fallen trees, vandals, floods, and fires. This type of coverage is not always all-encompassing. It may not pay for damages to other vehicles or properties, or personal injuries.

Medical Payments Coverage

This type of insurance will cover medical bills for you, your family members, passengers in your car during the accident, and other injured parties regardless of who caused the accident. It will also pay for funeral and burial costs.

Personal Injury Protection (PIP)

Personal injury protection (PIP) insurance is the type that will cover your personal bodily harms in a collision. PIP may also cover losses such as 80% of lost wages, funeral expenses, and the cost of a caregiver for injured parties.

Property Damage Liability

Property damage liability coverage will pay for damage to another person’s vehicle if you caused the accident. It will pay to repair damage or replace the actual cash value of the vehicle. Texas’ minimum for property damage insurance is $25,000 per accident.

Settlement

A car insurance claims adjuster may offer you a settlement, or try to get you to settle if the other party caused your crash. A settlement is an official legal agreement to resolve your claim. In a car insurance settlement, the company will offer you an amount of money it deems adequate to cover your losses. You can decide to accept the offer, deny it, or enter into settlement negotiations. An attorney can help you with these processes.

Uninsured/Underinsured Motorist (UM/UIM)

This is additional insurance you can purchase to cover your bodily injuries and/or property damage in the event that the at-fault party does not carry insurance, does not have enough to cover your damages, or you were the victim of a hit-and-run.

For more information about car insurance terms or your specific claim, contact a Houston car accident lawyer.

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Winter Driving Tips

Mon, 11 Sep 2017 18:01:00 GMT

Houston’s cold fronts may not result in inches of snow, but that doesn’t mean citizens shouldn’t know a few basic winter driving tips. Even Texas’ cold weather can create unique hazards for drivers. If the holiday season takes you to more wintry destinations, you need to be able to navigate the roads safely and confidently. Prepare your vehicle and yourself for winter roads to help prevent accidents this season.

Optimize Braking Power

When temperatures dip below a certain point, precipitation like dew on the roads can turn to ice. Icy roadways are not conducive to short, sudden stops. Change your driving behaviors in cold weather to prevent issues such as your brakes locking up, vehicle overturns, or rear-end collisions. Leave more distance between your vehicle and the one in front of you than you normally would. Add at least an extra 10 feet to be safe, and 20 feet when on the highway. In a rear-end collision, the rear vehicle almost always faces liability.

On winter roads, slow your speed as much as necessary to operate your vehicle safely. If you need to hit your brakes on icy roads, you will either pump the brakes or apply steady pressure, depending on your braking system. Learn whether or not you have anti-lock brakes (ABS). If you do, you do not have to pump your brakes on slippery or bumpy roads. You still should avoid slamming on your brakes, if possible, to keep yourself safe and your brakes in good condition. It’s up to you to safely brake on icy, wet, or slippery roads.

Keep Your Line of Vision Clear

Even if cold weather doesn’t cause ice or snow, it can fog up your windshield, windows, and mirrors. Read your vehicle’s operator’s manual to figure out which defrost setting is ideal for cold weather conditions. If you do notice a thin layer of ice on your windshield, scrape it off completely before driving. Replace old wipers to ensure they will effectively wipe away rain, snow, and sleet. Keep your windows clean and clear. Smudges and fingerprints can catch the bright winter sunlight and become opaque, making it almost impossible to see the road.

Check Your Tires

A vehicle’s tires are the only things separating the vehicle from the road. The performance of the tires can make a world of difference in the safety of the vehicle. Operating on bald, worn out, or underinflated tires can lead to blowouts and related car accidents . During winter, the state of your tires is especially important. Check air pressure, as cold temperatures can make tires lose air and go flat. For every 10 degrees colder it gets outside, your tires will drop about one pound per square inch (psi). Fill your tires to the manufacturer’s recommended pressure before hitting the road.

Houston residents can typically get by with all-season tires, since the city does not see snow. If you’re headed somewhere that experiences snow and ice on the roads, however, consider investing in special winter tires. Winter and snow tires have different tread for better traction and safer vehicle handling. The right tires can help you maintain control of your car, even in the most unpredictable weather conditions.

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How Can a Surgery Error Lead to a Lawsuit?

Wed, 06 Sep 2017 17:24:00 GMT

An operating room is a highly complex environment with hundreds of moving pieces. It is up to the surgeons, assistants, and other staff members to safely and effectively carry out surgical procedures without causing harm to patients. When slips in communication, sanitation, or surgical techniques cause patient harms, the injured party may have the right to sue the hospital and/or responsible surgeon for medical malpractice. In Texas, here’s when a surgical error may give rise to a lawsuit:

Failure to Warn of Risks

Every patient has the right to know about, and fully understand, the potential risks of a given surgery before going under the knife. Hospitals must have procedures in place to inform patients of all known and foreseeable risks of a procedure. The patient will sign a release form stating that he or she has read and understands the risks, and accepts them as part of a surgery. If a surgeon fails to warn a patient of a foreseeable risk that would have changed the patient’s mind about the procedure, the patient may have a lawsuit for subsequent harms.

Poor Pre-Operative Care

Surgical assistants and nurses are in charge of preparing a patient for surgery. This includes giving the patient proper instructions before a procedure, such as telling the patient not to eat for a certain number of hours beforehand. Careless patient preparation is a form of negligence that could lead to a patient being unprepared for the procedure.

Dangerous Miscommunications

Communication is key during any and all surgical procedures. The entire team must be on the same page at all times. Lack of communication before, during, or after an operation can result in the worst types of surgical errors – never events . Never events include wrong-site, wrong-patient, and wrong-procedure surgeries. These are events that should never happen in a safe surgical environment. Surgical teams should have measures and protocols in place to prevent miscommunications.

Surgical Errors During the Procedure

A surgeon’s carelessness or incompetence can result in serious errors during the operation. This can include accidentally nicking an artery or organ, opening the patient at the wrong site, or negligently leaving a surgical object or instrument behind in the body cavity. A surgeon should show up well versed on the patient and prepared for a procedure. Incompetence or negligence can mean life or death to someone on the operating table. Other staff members may also be liable for surgical errors if they contributed –for example, if a nurse doesn’t count the surgical sponges before and after a procedure, and therefore fails to notice that one is missing.

Negligent Post-Operative Care and Infections

Upon completion of a surgery, the patient isn’t out of the woods. Post-operative care and treatment is just as important as prudence during the procedure itself. Hospital staff must clean and tend to the operation site and other patient needs to prevent complications such as infections. Proper hygiene during all stages of the surgery can help prevent infection, which is a major risk for surgical patients. Medication errors is another example of negligence during and after surgeries, that can cost a patient his or her life. Speak to an attorney for more information about when to sue a medical professional or facility for a surgical error.

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Unexpected Hazards at Football Stadiums

Mon, 04 Sep 2017 17:13:00 GMT

It’s all fun and games at a local city or school football stadium until someone sustains a serious personal injury. Stadiums can be dangerous settings for football fans who come to cheer on their favorite teams. While most ballgames will go off without a hitch, some have involved serious fan injuries and deaths. Watch out for these five unexpected health and safety hazards of the average football stadium, to prevent becoming a victim instead of a victor at your next game.

Slip, Trip, and Fall Hazards

Metal bleachers and precipitation or spilled drinks don’t mesh well. Watch carefully where you’re walking to avoid slipping and falling in the stands. If you notice a dangerous spill, ask a stadium staff member to put up a sign or clean the spill. If it’s raining outside, wear non-slip shoes and always walk, don’t run, to your seat. Slipping, tripping, and falling down the stands can be extremely harmful, resulting in broken bones and brain or spine injuries.

Unsafe Premises

Slip and fall hazards aren’t the only premises danger fans must avoid. Common stadium injuries may relate to defective elevators and escalators, faulty electrical wiring, collapsing structures, exposed screws or nails, and burning hot bleacher seats. It is the stadium’s duty to provide reasonably safe premises for spectators and players. Injuries that stem from hazards on the property may come down to stadium owner liability .

Physical Assault

When you combine alcohol, spirited fans, and the hot sun, you can get a recipe for physical altercations. The word “fan” for sports spectators is short for fanatic. You may see the fanatical side of a fellow spectator for something as simple as wearing the wrong colored jersey. Verbal and physical assault and harassment are risks any football fan may face in the stands. Security guards should be on the premises to quickly break up fights and punish responsible parties.

Game-Related Injuries

At your favorite sports stadium, there is always the possibility of suffering injuries from a foul ball. Many might argue that this is an assumed risk of watching a live game, but really it is the stadium’s responsibility to try to prevent these types of injuries. They should install proper netting and other barriers to prevent objects from flying into the stands. While not typically a problem during football games, sports like baseball and hockey can pose significant dangers of flying balls, bats, and pucks.

Food Poisoning

An estimated 128,000 people go to the hospital and 3,000 die from foodborne diseases every year in the U.S. Purchasing food from stadium restaurants, stands, and vendors is part of the fun of a live football game. Unfortunately, unsafe food handling and preparation can result in outbreaks of food poisoning. Certain foods can become rancid if they sit in the heat of the sun, or collect mold and bacteria. Vendors may not fully cook chicken, or may not wash their hands before handling food. Many things can go wrong in the kitchens to make stadium food unsafe for consumption. The stadium, restaurant, or food item manufacturer may be liable for food poisoning at football games. Stay safe at your next football game by being wary of these five unexpected harms.

Contact our Houston personal injury lawyers today for a free initial consultation.

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Car Accident Checklist

Wed, 23 Aug 2017 16:58:00 GMT

The actions you take at the scene of your accident can help or hurt you later on. It may be hard to think of the future in the immediate aftermath of a crash, but if you can remember to do certain things, you can greatly improve your chances of damage recovery. Put the following checklist in your glove compartment, in case of a car accident emergency .

Stay Calm and Polite

Do not let panic get the best of you. Try your best to remain calm and levelheaded, even if you have injuries. Panicking or getting angry won’t help, and can make injuries worse. Do not yell at the other driver or threaten him/her in any way. At the same time, refrain from apologizing or admitting fault. Be polite to the other driver, and wait for police to arrive to investigate and assign fault. Never drive away from the scene of an accident until police give you permission to do so, or until you have made sure there were no injuries or property damage.

Keep Yourself Safe

Check yourself for injuries before offering assistance to others involved. If you see that you are injured, call 911 and request an ambulance immediately. If you aren’t sure if you have injuries, tell this to police. Don’t say you aren’t injured if you’re unsure. It can be difficult to prove injuries came from the accident later if you told police at the scene that you were unharmed. Move yourself and disabled vehicles safely to the side of the road, away from traffic. Help other injured parties as much as possible, but do not move them. This could make injuries worse. Make them comfortable while you wait for police.

Call the Police

If you haven’t already, call the police and report the crash. In Texas, you legally have to inform the police of a car accident if it causes injuries, death, or property damage in excess of $1,000. You must file a crash report (if the police don’t do so) within 10 days of your accident. Tell the police your side of the story. Stick to the facts – do not speculate about fault. Give a detailed description of what happened. Record the name of the responding police officer, and the number of your police report.

Gather Information

Unless you’re badly injured and have to leave the scene, stay and gather as much information as you can. Take photographs of the location of the crash, elements that may have contributed (e.g., bad weather or a hidden stop sign), damaged vehicles, and personal injuries. Write down the names of all parties involved in the crash, as well as insurance and contact information. The more information about the collision and your injuries you have, the easier the claims process will be.

Speak to a Houston Car Accident Lawyer

If another party was negligent or careless in some way that contributed to your crash, you are most likely eligible for financial recovery of your medical bills, pain and suffering, and property damage. A conversation with a local Houston car accident attorney can make you aware of your legal options and possibilities for compensation. A lawyer can also help you negotiate an insurance claim settlement, or file your claim with the civil courts in pursuit of fair recovery. When in doubt, contact an attorney directly after a car accident. Keep a local lawyer’s number in your phone for instant assistance after a harmful collision.

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Home Safety Devices You Need to Have

Mon, 21 Aug 2017 16:15:00 GMT

Your home may seem like the last place you would suffer a personal injury, but in reality you are in just as much danger right at home as you are out in the world. According to the Centers for Disease Control and Prevention (CDC), more than 11,000 people die from preventable, unintentional injuries within the home every year. This doesn’t include thousands of others who survive their injuries. Your home can be a hotbed of unnecessary risks to health and safety. Invest in these five home safety devices to increase your family’s protection.

Rails and Grab Bars

The most common causes of fatal injuries at home are slip and falls , fires, accidental drowning, and poisoning. Senior citizens are at the highest risk of falls in the home, with common danger areas being staircases, bathtubs, and showers. A bad fall can easily be fatal to an elderly person. Install grab bars in showers and tubs, and railings on all staircases. Keep stairs in good repair, and clear them of dangerous clutter that could cause a trip and fall. In homes with young children, block staircases with safety gates.

Smoke Detectors

In 2014 (the most recent year data is available), 15,775 people in the U.S. sustained injuries in fires. Another 3,275 people died. About 50.8% of all residential fires stem from cooking, and 10.8% come from heating. Fires that start in the middle of the night are the most dangerous, as sleeping occupants can pass out and die from smoke inhalation without waking. Help protect your family from fires by installing smoke detectors in every room. Check your detectors’ batteries regularly and have an emergency fire evacuation plan in place.

Fire Extinguishers

If a fire starts while you’re cooking, a fire extinguisher nearby can help you put it out before the flames spread to the rest of the house. Keep at least one extinguisher on every floor of your home, and keep them visible so you can find them in an emergency. Check expiration dates to know when to replace them. Learn how to correctly use this tool before a fire occurs in your home.

Carbon Monoxide Detectors

The CDC reports that more than 400 people die , and 20,000 visit emergency rooms every year, from unintentional carbon monoxide poisoning. Carbon monoxide can leak from home appliances such as furnaces, gas range ovens, grills, lanterns, and fireplaces. This substance is toxic, and can kill people if inhaled. It is a colorless, odorless gas that can be impossible to detect without a device, before it causes symptoms. Carbon monoxide poisoning can cause nausea, vomiting, chest pain, headache, dizziness, and confusion. Breathing in too much can cause fainting and death. Install carbon monoxide detectors and check them regularly.

Child Safety Devices

Children and the elderly are most at risk of fatal at-home accidents. Children are especially susceptible to hazards such as falls, accidental drowning, and poisoning in the home. Do your part to prevent these accidents by installing approved child safety devices. These may include cabinet and door locks, stairway barriers, anti-scald devices, outlet plugs, and edge protectors. Install the proper devices for your child’s age and hazards in your home. Always keep a home pool covered, or protected with barriers, to prevent wandering children from falling in the water.

Speak with the Houston personal injury law firm of Gordon, Elias & Seely, LLP today for a free initial consultation.

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What is a Frivolous Lawsuit?

Wed, 16 Aug 2017 16:06:00 GMT

While the U.S. civil justice system encourages all citizens to stand up for their rights, it does not condone frivolous lawsuits. A “frivolous lawsuit” is one that someone files for the sole purpose of harassing, disturbing, or annoying the other party. A frivolous suit may also be one that the filing party knows has little to no chance of succeeding in court. Frivolous lawsuits drain a state’s resources and waste valuable time. Filing this type of suit could result in fines, an order of contempt, and even criminal consequences, depending on the circumstances.

Examples of Frivolous Lawsuits

Under Texas Civil Practice and Remedies Code, Section 2-10.001 , a “frivolous lawsuit” is one that someone presents for an improper purpose, such as to harass someone or cause unnecessary delay and increase costs in litigation. An existing law, or non-frivolous legal argument, must warrant the claim, or allegations must have evidentiary support. Frivolous lawsuits often arise in product liability court. Filing a false claim against the manufacturer or distributor of a product for simply being dissatisfied with the item, or trying to fraudulently receive compensation, can cause the company to waste thousands of dollars in claim investigation.

Other frivolous lawsuits often involve premises liability claims. An individual may have a personal vendetta against a neighbor or property owner, and file a false claim just to pose an inconvenience to the person. Some real estate actions will come to a halt, if the property owner is involved in a lawsuit. Filing a claim for the sole purpose of delaying other types of litigation qualifies as a frivolous lawsuit. False harassment lawsuits are also common frivolous suits, to unjustly punish or harass an individual.

Penalties for Filing a Frivolous Lawsuit

If someone files a lawsuit with a good faith belief that it is actually necessary to protect his/her rights, or achieve compensation for an injury, the courts will simply disregard this action. There will most likely not be serious consequences. If, however, the filing party knows, or reasonably should know, that the litigation is frivolous, the law may punish the individual for delaying legal processes and wasting time and money. Penalties can include:

Call an attorney if you believe that someone is filing a frivolous lawsuit against you. If the court agrees that the claim is frivolous, you could receive an award for your reasonable expenses and attorney’s fees you incurred in opposing the motion. You could also be eligible for compensation for your inconvenience, harassment, and out-of-pocket expenses the frivolous litigation caused.

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How to Deal with a Neighbor’s Poison Ivy

Mon, 14 Aug 2017 15:59:00 GMT

Poison ivy is a plant that excretes a dangerous oily sap from its stems and leaves. If this sap comes in contact with skin, it can cause an itchy, blistering rash. The same can happen with poison oak and poison sumac plants. The best way to prevent poison ivy injuries is to never come in contact with the plant. If your neighbor’s yard sports poison ivy, this can be difficult. Learn your rights when dealing with a neighbor’s nuisance trees or plants.

Ask Your Neighbor to Take the Plant Down

Sometimes, you can solve a poison ivy problem by pointing out to your neighbor that this type of plant is spilling over onto your lawn. Most people will not want to keep this poisonous plant around. Your neighbor may not realize that he or she even has this plant on the property. Simply pointing it out could lead to your neighbor dealing with it for their own good, as well as that of the neighborhood. If your neighbor won’t remove the noxious plant, however, you may have other remedies available to you.

Defend Your Property Line

If a neighbor’s poison ivy plant is causing you trouble, odds are it’s spilling over into your property. You have control over your own property. You have the right to trim the plant back if its vines or leaves cross the line into your property. While you cannot pull the poison ivy plant out by its roots (if the roots are on neighboring property), you can cut down the parts of the plant that cross the property line. Find and maintain your property line to assert your rights. Don’t interfere with the plant on your neighbor’s side, or you could face legal trouble .

Hire a Professional Poison Ivy Remover

Do not attempt to remove poison ivy, oak, or sumac on your own. Even if you wear gloves and long sleeves, odds are you will come into contact with the plant in some way. Burning the plants can cause problems, as airborne sap can enter the eyes, nose, and respiratory system. Particles in the air from crushed plants can also cause health problems, if you inhale them into your respiratory system.

Instead of dealing with your neighbor’s poison plant alone, find a local poison ivy control company . Leave this task to the professionals to prevent developing the itchy rash, having an allergic reaction, or suffering in other ways from contact with the plant. A professional can help you locate and eliminate poison ivy on your property, and trim back plants that encroach from your neighbor’s lawn.

File a Lawsuit for Nuisance

You may be able to compel your neighbor to remove a noxious poison ivy plant, by protecting your rights under Texas’ nuisance laws . Under this law, a “private nuisance” is anything a person does or maintains that leads to someone else’s loss of use or enjoyment of a property (without trespassing). This may include poisonous plants, since they can cause harm to others. If your neighbor is particularly adamant about keeping his or her noxious plants, filing a lawsuit could bring law enforcement out to force the neighbor to remove the plant, or relocate it away from your property. Speak to a personal injury attorney in Houston for more information about lawsuits regarding a neighbor’s trees and plants.

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How to Lawsuit-Proof Your Pool

Wed, 09 Aug 2017 15:50:00 GMT

Owning a pool is one of the best ways to stay cool during hot Houston summers. Whether you keep your pool for private or public use, you have a responsibility to ensure its safety for the community. Ignoring your duties as a pool owner could lead to liability, if an invited guest or even a trespassing child, sustains injuries in your pool. Being the defendant in a personal injury or wrongful death claim is probably the last thing you imagined when you installed your pool. Here are five ways to lawsuit-proof your pool.

Put Up Proper Barriers

With unintentional drowning the fifth leading cause of injury death in the U.S., preventing people from stumbling into your pool should be a top priority. Unintentional drowning is especially a risk for children, with about two children ages 14 and younger dying from unintentional drowning per day. Help prevent this type of accident by putting up proper pool barriers or covers. Install climb-proof fencing or a screen around your pool, with a gate or door that locks. Your pool should be secure from trespassing children at all times. Installing a motion-sensor alarm in your pool area can add additional protection.

Supervise Swimmers

If you own a private pool, you could face liability for injuries or death if you are guilty of failure to supervise swimmers. You or someone else should supervise children during pool parties or gatherings at all times. Have children wear floaties or safety devices in the pool for good measure. If you own a public pool, or one open to guests such as a hotel pool, you must abide by state and federal pool laws. This may include hiring a lifeguard to provide for the reasonable safety of swimmers.

Maintain and Repair Your Pool

Many pool-related injuries stem from a maintenance issue within the pool or pool deck, such as faulty electrical wiring, exposed metal, broken glass, or a missing drain cover. Inspect your pool for safety hazards regularly, and take prompt action to repair known issues. If you know of a potential hazard that may not be obvious to swimmers, such as a pool that is too shallow for diving, you have a duty to post clear signs warning visitors of these risks.

Prevent Slip and Falls

The pool deck can easily get slippery with people getting in and out of the pool. When building your pool, consider using non-slip material for the deck. Otherwise, help prevent dangerous slip and fall accidents by posting visible warning signs around the area. Signs should warn that surfaces might be slippery when wet, visitors should use caution when walking, and swimmers should never run on the pool deck.

Prepare for Emergencies

Lack of emergency preparedness at your pool can make you legally responsible for someone’s related injuries or death. Keep safety apparel such as a life raft or ring by your pool. Obtain CPR certification, so you can perform this live-saving procedure on someone who accidentally drowns. Performing CPR until emergency personnel arrive can make the difference between life and death. A courtroom could find you liable, if it believes a reasonable and prudent person in your situation would have reacted differently in an emergency.

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Injured at the Zoo

Mon, 07 Aug 2017 15:26:00 GMT

Escaped animals, unsafe enclosures, slip and fall hazards …your local zoo could pose many dangers to visitors. Over the years, zoo-related incidents have made headlines all over the country. What starts out as a day of fun and education can turn into tragedy when zoos negligently fail to maintain safe premises. If you or your child recently suffered a personal injury in a Texas zoo , here’s what to do.

Report the Incident

Right after the incident, report what happened to zoo authorities. Find the nearest zookeeper or other staff member and explain that you would like to talk to a manager about an injury. If the incident involved an escaped animal or someone falling into an enclosure, notify someone right away. Record the name of the staff member you report your accident to, and how he or she responds to the situation. If your injury involved a physical assault by another zoo visitor or employee, call the police as well to report a crime.

Gather Information

The more facts you can write down about your incident, the better. Start documenting information as soon as possible, while it’s still fresh in your mind. Write down the names and contact information of any eyewitnesses, as well as the date and location of the accident. If you have a smartphone, you can record information quickly and easily using the voice memo tool. Take photos, if possible, of the area where the incident occurred, as well as any important details. If you slipped on a spilled drink, for example, take photos of the spill.

Go to the Doctor

Once you leave the zoo, go straight to the hospital or your doctor’s office for a medical examination. Seek treatment for injuries such as broken bones or lacerations right away. If you don’t feel injured, it is still worthwhile to visit a medical center. If you bumped your head or fell the wrong way, you could have a head, brain, or neck injury that hasn’t yet shown symptoms. Prompt medical care can work in your favor should you need to file a claim against the zoo in the future. Keep copies of your medical records, treatment plans, and other documentation of injuries.

Understand the Law

The zoo won’t be liable for every single personal injury that happens on its property. However, there are certain types of accidents that will qualify for a personal injury insurance claim or lawsuit. In Texas, premises liability laws enable injured persons to hold a property owner responsible for injuries that occur due to defects on the property. If the owners of the zoo knew, or reasonably should have known, about a premises hazard such as a cracked sidewalk, dangerous zoo ride, or unsafe animal enclosure, but did nothing to repair it, the zoo could be liable for visitor injuries.

Work with an Attorney

After an injury at the zoo, seek help from a Houston attorney. If your injury involved animal attacks, defective equipment, or a property hazard, you can likely hold the zoo and/or a product manufacturer responsible for your damages. A lawyer can help you negotiate a settlement with an insurance company, or take your case to court to seek fair damages, if necessary. You may be eligible for compensation for zoo-accident related medical bills, lost wages, and pain and suffering.

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Trampoline Safety Guide

Mon, 24 Jul 2017 17:26:00 GMT

Thousands of families may have trampolines in their yards, but that doesn’t mean this piece of play equipment is safe for use. Despite warnings from several organizations regarding the dangers of at-home trampoline use, families continue to use these products every year. According to the U.S. Consumer Product Safety Commission, there were almost 286,000 trampoline injuries in 2014 . More than 90% of victims were children. The majority of these injuries occur with at-home trampolines, but trampoline parks are becoming a significant source of youth injury around the nation. Use this safety guide to help prevent trampoline injuries in your family this summer.

Safeguard Your Trampoline

The most common trampoline injuries are sprains and fractures, often from falling off the trampoline or landing wrong on the mat. More severe injuries from children performing tricks and landing on their heads and necks have also occurred. Help prevent these types of injuries by investing in a trampoline net. Most modern trampolines come equipped with built-in safety nets. You can also find them sold separately.

Don’t rely solely on the net – the majority of injuries occur from incorrect landings on the mat, frame, or springs. Take further steps to ensure your child’s safety. Provide a soft landing area around the trampoline in case a child falls off. If your lawn doesn’t have a soft area available, invest in a trampoline pad. This accessory can soften the area around a trampoline, and is available on many online sites. Properly maintain your trampoline, and retire it if you notice dangerous wear and tear, such as spring deterioration.

Establish Ground Rules

Before letting your child play on a trampoline, establish some rules with him or her. Jumpers should not perform high-risk stunts such as flips without proper instruction and adult supervision. The only time children should perform trampoline stunts is with the assistance of a harness. Only allow one child at a time on the trampoline. This will prevent contact injuries, such as children jumping on one another.

Do not let children under the age of six jump on a trampoline. Supervise children at all times while jumping, and assign spotters for increased safety. Place your trampoline at ground level, not on a deck or raised surface. This will only lead to the risk of falls from greater heights. Remove trampoline ladders or close trampolines off while not in use to prevent injuries from children sneaking onto the equipment.

Prepare for the Trampoline Park

Trampoline parks are indoor amusements that are swiftly rising in popularity around the country. Unfortunately, this has led to a spike in trampoline-related injuries . Before taking your child, teach him or her how to prevent injuries in these unique settings. Here are three general tips:

Look into the reviews and safety checks of a trampoline park before taking your children there to play. Tell your child to obey all of the facility’s rules at all times. Your child can jump to his or heart’s content at home or at the trampoline park without worry this summer when you follow these safety tips!

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Summer Camp Safety Tips

Thu, 20 Jul 2017 17:23:00 GMT

It’s that time of year again – time to send the kids to their favorite summer camps! Houston is home to several popular youth camps, from art and theater programs to overnight sports programs and outdoor camps. Summer camps present a number of excellent opportunities for children, but they can also be hotspots for injuries . Protect your child by staying informed, prepared, and ready for anything. This summer, send your kid off in confidence with this safety tips list.

Get to Know Where Your Child Will Be Staying

There’s no such thing as asking too many questions when it comes to your child’s summer camp experience. Thoroughly research the camp before making your decision. Check for accreditations through the American Camp Association to ensure quality of care. Look for reviews from parents who have sent their children to the camp in the past. Visit the camp yourself and have a look around in person. Red flags may include:

Go with your gut when it comes to choosing your child’s summer camp. If you have a bad feeling about the camp, its managers, or the staff, keep searching for a different camp. If you send your child to the same place every year, visit the property each time to ensure consistent safety and quality. Voice any concerns you may have about the safety of the camp with its owners.

Give the Camp Vital Information

Nothing is more terrifying than learning your child sustained a serious injury at camp – a week ago. Avoid this situation by making it easy for camp operators to reach you or a family member in case of an emergency. Most camps will ask for emergency information anyway, but it doesn’t hurt to make sure they have a way to contact you, another parent, and one other non-related backup contact. The sooner the camp can notify you of an injury, the sooner you can take your child home and investigate what happened while he or she heals.

It is also important to give the camp any allergy-related or medical information they need to take proper care of your child. If your child has a condition or health issue such as asthma, ADHD, or food allergies, send his/her medical records to the campsite ahead of time. This information could save your child’s life in an emergency.

Prepare Your Child for Camp

Make sure your child knows what he or she is getting into. If it’s an overnight camp, your child should feel comfortable being away from home for an extended period of time. Prior to an adventure camp, prep him/her on outdoor hikes and swimming lessons. For a sports camp, get your kid into the habit of daily activity well before enrolling. Most camps require doctor’s checkups to check for undiagnosed illnesses. Summer camp can lead to some of your child’s best memories – if an injury doesn’t get in the way. Keep your child safe this year with a bit of preparation.

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Who Pays for Sports Injuries?

Thu, 13 Jul 2017 17:18:00 GMT

Enrolling your child in a school sport is a great way to increase his or her physical activity, self-confidence, and teamwork. Unfortunately, it can also result in childhood injuries. While some sports-related injuries are assumed risks of the game, especially in contact sports, others result from negligence by the coach, the school, or another party. When a student sustains a sports injury, learn who may be liable to pay for his or her medical bills.

Risks Posed By School Sports

A national high school sports-related injury study recorded 3,663 injuries in the course of one year. The majority, 2,062 of these injuries, occurred in competition while the rest happened during practice. The majority of these injuries occurred on the boys’ football team, followed by girls’ soccer. Injuries to the head and face were the most common (27.4%), followed by ankle, knee, and upper leg/hip injuries. Males are more at risk than females in terms of school sports-related injuries. Sports injuries can take many shapes and forms, including:

It is up to the school coach to reasonably prevent injuries to students during sports practices and games. While the law does not expect a coach to prevent all accidental injuries, it does expect them to take steps that a reasonable and prudent coach would to prevent harm. This may include equipping the team with safety equipment like pads and helmets, keeping them properly hydrated during practice, and preventing heatstroke. If a coach or another party is negligent in his or her duties in keeping student athletes safe, parents may be able to file a claim against them.

Proving Negligence in Sports Cases

To have a case against someone for your child’s sports-related injuries, you have to prove negligence. There are four main elements involved in this burden of proof. First, that the defendant (the person allegedly responsible for the harm) owed your child a duty of care. Coaches and teachers owe duties of care to their students as their supervisors. The school has duties such as maintaining a safe premises, hiring competent coaches, and training its employees properly. A defendant might also be the manufacturer of defective sports equipment

The second element is the breach of duty of care, or the act of negligence, that caused your child’s injuries. If the injury resulted from normal sports activities, with no involvement of someone else’s negligence, you do not have a claim and will likely have to foot the bills yourself. These fall under “assumption of risk” cases for sports injuries. On the other hand, incidents involving inadequate supervision, hazardous premises, improperly trained employees, faulty sports equipment, or insufficient onsite medical care most likely stem from someone’s negligence.

The third element is proving that the defendant’s breach of duty caused your child’s injuries. It is not enough to have proof that the defendant was negligent, and that your child sustained an injury. The two actions must relate, with the defendant’s negligence more likely than not causing the injury. Finally, the plaintiff must show that his or her child suffered real damages because of the incident. These could be medical costs, pain and suffering, or lost quality of life.

Who Is Responsible for Student Athlete Injuries?

When determining who will pay for your child’s sports-related injuries, the courts consider the defendant’s liability for the incident. You could have a case against the coach, the school, a product manufacturer, or a third party. Any such entity’s insurance companies may be liable for paying for your child’s damages. Speak to an attorney for help determining the defendant in our particular situation.

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How Much Pain and Suffering is Enough to Sue?

Mon, 10 Jul 2017 17:11:00 GMT

“Pain and suffering” is a form of compensation available in many civil cases. The courts call these damages “intangible” or “non-economic.” This simply means that this type of damage did not cause financial harm, in contrast to damages such as medical costs or missed time at work.

Physical pain and emotional suffering are just as real to the victims as economic damages, and often more harmful. Suing for pain and suffering is a possibility that can lead to a substantial award depending on the degree of harm. Find out if your case involves enough pain and suffering to merit this type of award in a Texas settlement or judgment.

What Qualifies as “Pain and Suffering?”

Since pain and suffering are intangible damages, some plaintiffs try to take advantage of the system to make these harms seem real when they aren’t, or more dramatic than they are in reality. Some plaintiffs may exaggerate the pain injuries caused, or the emotional trauma accidents left them with. The courts will look at a few main factors to decide whether pain and suffering truly exists in a case:

The courts will not award pain and suffering damages if the plaintiff merely experienced irritation or inconvenience from a minor injury . For example, missing a yoga class because of a broken bone will not qualify as significant enough suffering to demand recovery through this outlet. A broken bone that results in chronic pain, however, may qualify as a serious enough injury to recover pain and suffering damages.

How Do Courts Calculate Pain and Suffering Damages?

If you are eligible to sue for pain and suffering, the courts use a special equation to calculate how much you will receive for theses non-economic damages. Since it isn’t possible to place a dollar amount on an individual’s physical pain and emotional suffering, the courts will multiply the amount of special damages (medical bills, lost income, property damage, etc.) by a number between 1.5 and 5, with 5 representing the highest possible seriousness of injuries.

The courts may alternatively use the “per diem” method instead of the multiplier method. With this type of calculation, the courts will decide on a dollar amount to award the plaintiff “per day” of the injury. The courts may look at your actual daily earnings to come up with this amount, as it deems that the pain your injuries cause is at least comparable to the cost of going to work every day. The courts typically don’t use the per diem method for permanent injuries.

In Texas, there is a cap on pain and suffering damages in medical malpractice claims. A plaintiff cannot receive more than $250,000. There are also total claim caps if the case involves a government entity as the defendant. Always equip yourself with a skilled attorney to fight for pain and suffering damages after any type of accident in Texas.

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When Pranks Cause Serious Injuries

Thu, 06 Jul 2017 20:44:00 GMT

An “innocent” prank can quickly turn sour when someone sustains a serious injury. It can be easy for someone to take a practical joke a bit too far without recognizing the potential ramifications of the action until it’s too late. One example is the “popcorning” trend from a couple of years ago – a prank involving an unexploded airbag that led to serious injuries . One young man suffered a broken spine because of the seemingly harmless prank. If you or someone you know received an injury because of someone else’s prank, talk to an attorney. You may be eligible for compensation.

Grounds for Prank-Related Lawsuits

When a prank results in injuries, it can be difficult to determine who might be responsible for paying the victim’s damages. As in the popcorning case above, the victim sustained a permanent injury and had to pay hefty medical expenses. In this case, however, the victim knowingly assumed the risk of injury. For all intents and purposes, he performed the prank on himself. The victim in this situation likely could not sue. When victims are innocent, unknowing players in a prank, on the other hand, it may be possible to sue on a few different grounds.

A prank can quickly go wrong and end in a lawsuit, especially if it involves a stranger. If someone else’s idea of a practical joke resulted in physical injury, emotional suffering, or property damage to you, consult with an attorney. The individual’s actions may constitute grounds for a personal injury lawsuit or civil action. You can sue for personal damages while a criminal case is pending against the prankster.

Suing for a Prank

There are many situations in which a prank victim could sue for damages – the prank might have occurred on someone’s property, opening the door to a premises liability lawsuit. An insurance policy might cover the event. The item used for the prank might have a defect, causing your injuries. If you believe you have grounds to file a lawsuit against someone who organized or carried out a prank, or a third party, speak to an attorney in Texas. An attorney can help you fight for damage recovery for medical bills, lost wages, and pain and suffering.

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How Much Alcohol is “Too Much” According to the Law In Texas?

Mon, 03 Jul 2017 20:35:00 GMT

The maximum blood-alcohol concentration (BAC) level for drivers in Texas is 0.08%. Commercial drivers cannot operate vehicles with BAC levels above 0.04%. Drivers under the legal drinking age of 21 cannot test positive for any BAC level, and may receive a driving under the influence (DUI) charge for any percentage. Before you get behind the wheel in Texas, it’s important to know how much alcohol is “too much.” Knowing your limit can help you avoid driving drunk and causing an accident – or worse, someone else’s serious injuries.

Legal Drinking and Driving Limits

Different people absorb and metabolize alcohol at different rates. Several factors can affect an individual’s BAC. While there is no formula to calculate how many drinks equate to the legal limit of 0.08%, there is a chart that estimates the number of drinks it takes to reach the legal alcohol limit according to body weight. For reference, a person weighing 100 pounds reaches 0.065% at about two drinks, while someone weighing 240 pounds reaches 0.067% after six drinks. For the chart’s purposes, “one drink” equals 12 ounces of beer, five ounces of wine, or 1.5 ounces of hard liquor. Note that the chart calls any BAC above 0.05 “impaired” for driving purposes.

It’s important to note that just one alcoholic beverage can be enough to impair a person enough to make his/her driving unsafe. There is no set-in-stone limit a person can consume and still safely operate a motor vehicle. It depends on the individual’s weight, alcohol tolerance, and food intake. Never drink and drive. Even if you believe you’ll pass a Breathalyzer test, you could still receive a DUI charge in Texas if the officer thinks you’re too impaired to be driving. An officer could charge you with DUI if he/she smells alcohol on your breath and deems you too drunk to drive. The safest bet is always to find a designated driver or to take an Uber, Lyft, or taxi home.

You May Not Be Fully Liable for Your DUI-Related Accident

Even if a chemical test shows your BAC to be above the legal limit of 0.08% after an accident, you might not be entirely liable. The Texas Dram Shop Act states that injured parties (including the intoxicated individual) may be able to sue the provider of the alcohol in certain situations. This includes social hosts at private parties and events. If the vendor sold or served alcohol to a minor under the age of 18 or served to an “obviously” intoxicated person and the person’s intoxication was the proximate cause of the accident, the vendor may be at fault.

It is a vendor, bartender, or social host’s responsibility not to serve alcohol to someone who poses a “clear danger” to him/herself or others. For example, if someone is clearly intoxicated and the bartender knows he plans on driving, yet continues to serve him alcohol, the bartender may end up with some or all the liability for a subsequent drunk driving car accident . Parties injured in this accident could sue the intoxicated person and the dram shop for negligence. The intoxicated person cannot sue the dram shop, as the state of Texas does not allow these types of claims.

Keep in mind that someone cannot sue a bar just for getting someone drunk. The bar must have broken the dram shop rules, and the intoxication must have caused the accident for the bar to be liable. Even if the party you injured because of drunk driving decides to sue the bar, you could still face liability for your actions. The state of Texas allows for comparative fault, or fault split between two or more parties. The main takeaway here is that there is no number of drinks that is “too many.” It may take just one drink for you to be too intoxicated to drive safely.

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What are the Differences Between Defamation, Slander, and Libel?

Wed, 21 Jun 2017 20:35:00 GMT

When one party says, writes, or publishes something negative about another party that harms their reputation, a lawsuit may ensue. While the First Amendment of the U.S. Constitution protects freedom of speech and of the press, this freedom comes within limits. Making false accusations in the form of slander, libel, or defamation does not fall under the protection of freedom of speech. If an individual or business suffers because of these acts by another party, the injured party may have the right to sue the offender. Learn the differences between these three similar facets of law.

Defamation

Defamation is an umbrella term that encompasses both slander and libel. If a party is guilty of defamation, it has released a false statement in some form that has since damaged the other party’s reputation. The reputation could be personal, political, or business-related. The keyword here is “false.” It is not defamation to publish or make public a statement that hurts an entity’s reputation if the statement is an opinion or a fact. This is why systems such as Yelp can exist despite negative reviews that sometimes hurt businesses – the statements published there are the opinions of reviewers.

There is a thin line between defamation and freedom of speech. This makes defamation claims complex and difficult to prove. A plaintiff must show that the defendant made a statement, someone published the statement, the statement caused injury, the statement was false, and the statement did not fall into a privileged category . A statement may be privileged if the person issuing it was under oath, a high government official, someone in a political debate, or a person talking about his or her spouse. In these specific situations, the courts may not deem the statement defamation. Showing that the statement is true or one of opinion are absolute defenses to defamation claims.

Slander

Slander is a form of defamation that exists when someone speaks the false statement. The spoken word can act as defamation even if no one writes the statement down or sends it to publication. This is only the case if a third party – someone other than the plaintiff and defendant – overheard the spoken statement. Otherwise, the defendant did not make the statement public and thus would likely not be guilty of defamation. The courts typically consider slander the least harmful form of defamation, since memory of the spoken word fades more quickly than printed or published material.

Slander can be more difficult to prove than other forms of defamation since there is no hard evidence of the spoken untruth. Written, recorded, or published defamation, on the other hand, comes with evidence a plaintiff could potentially show in court. Often, the only evidence of slander is in the word of the person(s) who overheard the spoken untruth. Defamation spoken over the radio or television is technically libel and not slander, since broadcasting reaches as large an audience as written and printed publications.

Libel

Libel is defamation via the written word or a print publication. This can include an article in a newspaper or magazine, online content, photos, video content, or recorded audio. Any form of communication published to the masses may be libel if the statement is false and harms the person or business. Libel is a civil wrong that can lead to a lawsuit to sue for damages.

Proving libel is often easier than proving slander, since the plaintiff has hard evidence of the defamation in the form of a recording or print publication. Victims of slander and libel may seek recovery for injured reputations, loss of business, and losses such as job termination that results from the public statement. Always enlist the help of an experienced legal team in a defamation case.

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How Common Are Skydiving Injuries?

Mon, 19 Jun 2017 20:32:00 GMT

Skydiving is a popular recreational activity for adrenaline seekers and adventure enthusiasts around the world. Skydive Spaceland in Houston offers tandem skydives with professionals for those wishing to “experience the thrill of a lifetime.” While skydiving accidents, injuries, and deaths are not common in Houston or elsewhere, they do occur. Get the facts and figures on skydiving injuries as well as potential recovery options after an accident.

Skydiving Facts and Injury Statistics

According to the United States Parachute Association (USPA), there were 21 recorded fatal skydiving accidents out of about 3.2 million total jumps in 2016. That equals just 0.0065 fatalities per 1,000 skydiving jumps. This is one of the lowest records in history, which points to improved safety in skydiving in recent years. The lowest record since the year 2000 was 0.0053 fatalities per 1,000 jumps (16 deaths total) in 2009, and the highest was 0.0135 fatalities (35 deaths total) in 2001. In the 1970s, there was an average of more than 42 skydiving fatalities every year.

While safety has certainly improved, skydiving accidents unfortunately do still happen. These statistics only reflect skydiving deaths . In 2016, there were 2,600 skydiving injuries that required medical care. These injuries have stemmed from failed chutes, human error, and bad landings. Injured parties can suffer broken limbs, concussions, and neck and back injuries in skydiving incidents. While 2,600 injuries out of millions of skydives does not make injuries common, per se , it does show that dangers exist for participants of this recreational activity.

In most cases, human error is to blame for skydiving accidents. The recreation company may not have properly trained its professionals, or the parachute manufacturing company may have made an error on the assembly line. Negligence is often at the heart of skydiving injuries and fatalities. If you suspect negligence in your case, learn your rights as a potential plaintiff.

Liability and Assumptions of Risk

Skydiving is a recreational activity that comes with well-known risks. Skydivers voluntarily accept these risks when they sign release waivers and agree to knowingly engage in the activity. Every skydiving facility makes patrons sign some kind of liability waiver before getting onto the plane. This waiver aims to protect the company from lawsuits in the event of an accident or injury. When engaging in an activity like skydiving, potential plaintiffs take the risk of injury onto themselves. This is a common defense the defendant might take. However, comparative negligence and other legal theories may circumvent a company’s liability waivers in certain situations.

If the plaintiff’s injuries resulted from some act of negligence on the part of the skydiving company, an employee, the pilot of the plane, the parachute manufacturer, or another party, the victim or his/her family may have the right to bring a lawsuit despite a liability waiver. This is because the assumption of risk in skydiving does not include negligence. It is unreasonable to expect a patron to assume the risk of a party’s negligence, recklessness, or unlawful act. No waiver can protect a company from these actions, or else it could do whatever it wanted to patrons without fear of retaliation.

To sue a party for your skydiving injury or the death of a loved one in Texas, you must base your case on the legal theory of negligence. You must prove that the defendant owed you or your loved one a duty of care, that it breached this duty in some way, and that this breach caused the injurious or fatal accident. You should prepare for a comparative negligence defense and issues regarding the waiver. Liability for inherently dangerous activities like skydiving is complex and deserves attention from experienced attorneys. Contact a personal injury lawyer in Houston for counsel regarding potential recovery after a skydiving accident.

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Pool Safety Tips for Summer

Wed, 14 Jun 2017 20:30:00 GMT

Summer is almost here, and that means hours of pool-time fun for many families in Houston. As the weather heats up, more families will hit public and private swimming pools for relief from high temperatures. While using the pool can be a fun family activity, it can also be dangerous. Drowning is the fifth leading cause of unintentional injury deaths in the U.S., according to the Centers for Disease Control and Prevention (CDC). About one in five people in fatal drowning accidents are children ages 14 and younger. This summer, follow these tips to keep yourself and your loved ones safe in the water.

Take Swimming Classes

Everyone can benefit from learning how to swim. Enroll your child in swimming lessons as soon as he or she is old enough to do so. The CDC reports that formal swimming lessons reduce the risk of drowning in children ages 1 to 4 years. However, even teens and adults can benefit from swimming lessons. Take classes as a family activity before summer gets into full swing. The more confident children feel in their swimming abilities, the less likely serious injury is to occur in a swimming pool accident.

Get CPR Certified

Parents should learn cardiopulmonary resuscitation (CPR). Most community centers and schools offer courses to get your CPR certification. Performing CPR as quickly as possible can reduce the victim’s odds of suffering serious outcomes such as coma, brain death, and death. Learning CPR can give you a lifesaving skill that might come in handy when you least expect it. CPR can save a life while waiting for emergency responders to arrive.

Invest in Flotation Devices

If you have any doubts about the safety of your children and family members while swimming, encourage them to wear personal flotation devices. These systems can save your child’s life if he or she accidentally goes into the deep end of the pool. Safety devices are especially important at a busy pool party with lots of people swimming. The lifeguard may miss a child’s head going under, but a life vest or other float system may prevent drowning. If swimming somewhere other than a pool, make sure you learn the laws regarding life jackets. Keep in mind that pool noodles, inner tubes, and air-filled toys like water wings are not safety devices.

Use the Buddy System

Parental supervision is key to preventing child drowning incidents. However, it only takes a moment of inattention for a child to go under and never resurface. The buddy system is one way to reduce this risk. Pair children up with a swimming buddy that he/she must stay with at all times. Swimming with a buddy in addition to adult supervision and lifeguards can reduce the risk of drowning, as well as bring attention to a potential problem as quickly as possible.

Keep Your Pool Safe

If you own a swimming pool, you are legally obligated to keep it safe from trespassing children. This involves taking some measure to ensure children can’t get into your pool unsupervised. You may need to invest in a swimming pool cover with a lock, a gate with a security code, high fencing, or a swimming pool motion sensor alarm.

You must also keep your pool properly maintained for visitors at all times. This means using appropriate drain covers, repairing any broken elements, and keeping the pool deck clear from hazardous obstacles. You must also warn of any known risks, such as posting “No Diving” signs for shallow pools. These measures can protect children from accidental drowning and can save you from liability in the event of accidental injury or death.

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What is an ‘Attractive Nuisance’?

Mon, 12 Jun 2017 20:27:00 GMT

If you’re involved in a premises liability accident, namely one involving a trespassing child, you will likely hear the term “attractive nuisance.” An attractive nuisance is a legal term that describes a hazardous element on your property that is attractive to children. It is something that will naturally catch a child’s eye, such as a swimming pool without a cover or a homemade roller coaster. An attractive nuisance is something that kids can’t help but interact with, even if it means trespassing on a property. Understanding this legal term and its ramifications is important for property owners and parents.

About Attractive Nuisances

A swimming pool, tree house, playground, swing set, bouncy house, exotic pet, railroad, high-voltage tower, manmade lake, abandoned automobile, piece of farm equipment, or homemade ride or ramp are all examples of attractive nuisances. This is not to say that property owners cannot have these things. They simply must take steps to keep children safe from any related harms – even if the child is trespassing. If a property owner knows that an item is an attractive nuisance that could harm children, it is his or her legal responsibility to make the item safe. In terms of a swimming pool, this could include the following measures:

If the attractive nuisance is something other than a pool, the property owner must take steps to protect potential trespassing children from foreseeable harms. Acceptable measures depend on what a reasonable and prudent person would do in the same circumstances. If the courts deem that another person would have done something different to prevent harm, the property owner on trial may be guilty of negligence.

Property Owner Responsibility

Property owners might assume they do not owe a duty of care to trespassers. After all, trespassers are people you did not invite onto your property and who do not have a legal right to be there. There is a major exception to this rule that all property owners should know: Children are exempt from the rule. All property owners in Texas owe a standard of care to trespassing children and must keep their premises reasonably safe. Regarding attractive nuisance, an explicit age range has not been defined for what constitutes a “child.” However, in most cases where the attractive nuisance claim has been used, majority of child plaintiffs have been younger than 12. Having an attractive nuisance on your property without taking steps to prevent harm to trespassing children can mean you’ve broken this rule.

Premises liability laws may hold property owners responsible for accidents that occur on a premises. This includes swimming pool accidents, dog attacks , and slips and falls . If the courts deem that the item or property element that caused the harm was an attractive nuisance, it may hold the property owner liable. The attractive nuisance doctrine aims to keep children safe despite things in a neighborhood that could encourage trespassing. If there is any hazardous condition or an object on a property that will likely attract children, the property owner can be liable for resulting injuries.

Young children cannot appreciate the risks that some objects, such as swimming pools, may pose. Therefore, the courts cannot hold them responsible for injuries relating to hazardous objects – especially if the object is a common attractive nuisance. Instead, the courts will hold the adult in charge of the property responsible for the child’s injuries. When in doubt, invest in non-climbable fencing around your property or around the attractive nuisance. Taking measures to prevent trespassing children from sustaining injuries can protect you as a property owner.

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Who Is Responsible if I was Injured in Turbulence?

Wed, 07 Jun 2017 20:25:00 GMT

It doesn’t always take a plane crash to cause airline passenger injuries. Sometimes, in-flight turbulence is enough to lead to slip-and-fall injuries, being hurt by luggage falling from overhead bins, or other such incidents. Serious turbulence accidents are rare, but they do happen. According to the Federal Aviation Administration (FAA), about 58 people sustain injuries from turbulence every year in the United States.

In a span of 28 years (1980 to 2008), the FAA recorded 234 turbulence incidents, resulting in 298 serious injuries and three deaths. Flight attendants were the victims of 184 of these injuries, while passengers made up 114 of the injuries. Two of the three fatalities were passengers not wearing seatbelts. If you receive an injury because of in-flight turbulence, learn who might be responsible for compensating your damages.

The Airline

An airline is a common carrier, or an entity that transports passengers for money. As a common carrier, airlines owe heightened duties of care to guests. Federal laws require common carriers to act with high standards of care, including the utmost vigilance in keeping passengers safe. An airline must do all things a reasonable and prudent person would do to prevent injury to passengers, even during turbulence. This might include illuminating the seatbelt sign, warning passengers of foreseeable turbulence, and striving to keep luggage in overhead bins during a bumpy ride.

Airlines are not liable for accidents due to “acts of God,” such as a bolt of lightning or other unforeseen event of nature. Turbulence is one such act of God, but it may not be a defense the airline can always use. While an injured passenger cannot blame the airline for the occurrence of turbulence, it may have a claim if the airline’s negligence contributed to the related injuries. For example, if the flight crew could foresee the probability of turbulence yet failed to warn passengers, injured parties may have a claim based on negligence.

An Airline Employee

If an employee contributed to your injury, you may have a claim against the individual and/or the airline. For example, if the employee bumped a cart into you when rolling by, failed to close a luggage bin properly, or fell onto a passenger during turbulence, you may have a claim. Claims involving the carelessness or inattention of an employee would center on the theory of negligence. As an injured party, you would have to prove that the flight attendant or other employee owed you a duty of care, breached this duty, and that this breach caused your turbulence-related injuries. Strict liability laws may make it possible to sue the airline for the actions of its employees.

Product Manufacturers

When a defective product causes your turbulence-related injuries, you may be able to file a product liability claim against the manufacturer or distributor. This might be the case if a defective seatbelt came undone during turbulence, if a cart with a bad wheel rammed into you, or if an overhead bin with a defective latch opened and dumped luggage onto you. Defective products may provide the opportunity to take up a case against the manufacturing company. If the product was faulty because of poor maintenance on the airline’s part, liability may again reside with the airline itself.

The Federal Aviation Administration

In some turbulence cases, the FAA may be at fault. It is the FAA’s duty to control all air traffic in the United States. Keep in mind that lawsuits against the FAA must abide by the rules of suing a government agency . Speak with a personal injury attorney in Houston when trying to decide which party or parties may be liable for your turbulence injuries.

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I Was Injured on a Construction Site. What Can I Do?

Mon, 05 Jun 2017 20:19:00 GMT

Construction sites are hotbeds for potential personal injuries. According to the Occupational Safety and Health Administration (OSHA), construction is the deadliest industry in the United States. Construction sites are dangerous for workers and bystanders. Falling debris and tools, trenches and pits, and heavy machinery pose hazards to people on or near a work site. If you recently sustained an injury on a Houston construction site, learn your rights. A workers’ compensation or personal injury claim may be in your best interest. Here’s what to do:

Seek Medical Attention Immediately

Seek medical attention right away after any type of construction accident that results in injury. Ask your employer if you must use a physician approved by your company’s workers’ compensation insurance. If there are no restrictions, you may see your primary doctor or go to the nearest hospital. The sooner you seek help for your injuries, the better. Putting off your trip to the doctor can lead to suspicions about your workplace injuries, and even the loss of your right to workers’ compensation. Keep records of your medical bills, tests, and treatment plans.

Report Your Accident to Authorities

If you were a construction site worker at the time of the accident, report what happened to your employer as soon as possible. Most workers’ compensation plans require reporting within a certain time frame of the incident. Failing to let your employer know of the workplace injury could hurt your chances of receiving workers’ compensation benefits. If you were not a construction worker, you may want to report your accident to police depending on the circumstances and severity of injuries. You can report workplace hazards to OSHA at any time while on a construction site.

Learn Your Rights and Legal Options

Once you’ve reported your accident to the right authorities and received medical care for your injuries, start researching your rights. As a construction site worker, you have the right to Texas workers’ compensation benefits, regardless of fault. You do not have to prove your employer or another party’s negligence to receive compensation for your medical bills, lost wages, and disability if you sustained your injury during job-related tasks. Keep in mind there are some exceptions – for instance, if your recklessness caused the injury. Consider all your options before you file a workers’ compensation claim.

Speak with an Attorney

If your construction site injury stemmed from someone else’s negligence, you may have grounds to file a personal injury claim rather than, or in addition to, a workers’ compensation claim. If your employer is the guilty party (i.e., for failing to properly train employees, provide safety equipment, or maintain a reasonably safe work environment), you have to choose between a workers’ compensation claim and a personal injury lawsuit, because law does not permit you to file both. Speak with an attorney about your options. A personal injury claim can result in greater compensation awards if successful.

File Your Claim

It is possible to receive benefits from workers’ compensation and a personal injury claim, if the at-fault person or company is a third party. This might be the case if a coworker, subcontractor, or product manufacturer caused your accident and injuries. Texas workers’ compensation laws allow you to receive benefits and file a claim with the courts if the claim involves a third-party defendant. If you were a bystander and not a worker at the time of your accident, a personal injury claim may be your only choice for restitution.

The property owner and/or construction site manager have the duty to provide a reasonably safe premises for workers and non-workers. If you tripped and fell, something fell on you, or you got into an accident with a construction vehicle, contact an attorney. You may be able to file a claim on the grounds of premises liability.

The post I Was Injured on a Construction Site. What Can I Do? appeared first on GES Injury Attorneys .

What Can I Do if I’m Injured on a Cruise Ship?

Thu, 20 Apr 2017 21:30:00 GMT

A cruise can be a fantastic way to enjoy your vacation time, but it’s vital to know what you should do in the event of an injury on a cruise ship. Whenever a customer suffers an injury in a place of business, the business owner typically bears the brunt of the liability. However, cruise ship injuries may touch on various aspects of the law, including common carrier laws, maritime law, and personal injury.

Cruise ship operators must exercise reasonable care while discharging their duties and carrying passengers. This also means the cruise ship operators must follow all applicable maritime laws, conduct thorough and proper maintenance of all vessels, and properly train all staff members. It’s important to note that common carriers are often liable for passenger injuries that result from intentional acts or negligence, regardless of intent, but are not strictly liable for all passenger injuries.

Filing Claims for Cruise Ship Injuries

If you set sail on a cruise, inspect your ticket and all the information the carrier provides before departure. In most cases, you may only file legal claims in the state specified by the carrier, regardless of where on your cruise the injury took place. It’s also important to note that most cruise carriers do not register in the United States, but rather other countries where they make port, such as various Caribbean island nations or South American countries. These places typically have more relaxed safety and labor standards than the United States.

Maritime law applies in these situations. Under maritime laws , a carrier is only liable for a passenger injury if the plaintiff can prove the carrier knew or should have known about the unsafe condition that caused the injury. If the carrier created or failed to address a foreseeably hazardous issue, the carrier is liable for resulting injuries under maritime laws.

Waivers and Legal Contracts

Most of the information you need regarding lawsuits against a cruise carrier is on the back of your ticket. In addition to specifying the state in which you must file claims, the ticket also presents a legal contract to which you agree by boarding the vessel and taking part in the cruise. The ticket will also explain the statute of limitations, or time limit, you have for filing claims for damages against the carrier. It’s vital to keep this information available in case of an accident so you can file all the necessary paperwork on time.

It’s also important to note that many of these contracts include limited liability waivers or other releases of liability; however, these may not fully protect a carrier from liability if you suffer an injury. Depending on the specific details of your situation, these waivers may not hold up in court.

Proving Negligence

Injured plaintiffs must prove that a cruise carrier acted in a way that was inconsistent with how a “reasonably careful ship operator” would have in the same situation. If you suffer an injury aboard a cruise ship, your attorney must prove the operator either knew about the injury-causing hazard, or should have known about it. The question of “foreseeability” arises quite often in these disputes, and the law accounts for the fact that even the most diligent operator cannot fully account for every conceivable dangerous condition. When cruise operator employees cause harm to passengers through negligence or willful acts, the operator typically assumes liability.

Ultimately, an injury on a cruise ship can quickly turn into a complex legal issue requiring professional attention. If you find yourself in such a situation, it’s important to find an attorney who has experience with personal injury lawsuits , maritime law, and common carrier laws. Look for a track record of success in similar cases when searching for a lawyer to represent your case.

The post What Can I Do if I’m Injured on a Cruise Ship? appeared first on GES Injury Attorneys .

How Do You Prove Fault in a Car Crash?

Tue, 18 Apr 2017 21:27:00 GMT

Car accidents are an unfortunate eventuality for many drivers, and it’s vital to know what to expect should you find yourself in one. If another driver was reckless or negligent, they need to take responsibility for their actions and the injuries and damage they cause. However, it’s important for victims of negligent drivers to know what to do immediately after a crash and how to prove another driver’s fault.

Immediately After a Crash

Your first step after any car accident is to assess your injuries, if any, and seek medical attention immediately if necessary. If your injuries demand serious medical intervention, do not move and instead wait for emergency responders. If you can easily get up and move, you should assess the condition of any other drivers involved in the crash and start gathering evidence. It may sound rushed, but car accidents are typically cleaned up very quickly, and vital evidence of another driver’s negligence can easily be lost forever during the cleanup process.

Most states require you to call the police if any property damage occurred or if anyone suffered any injuries or died from a crash. After contacting the police, try to take as many pictures as you can of the accident site. Take photos of the damage to your vehicle and the other involved in the accident. Try to also take pictures of the road and markings on it, such as lane dividing lines and skid marks from sudden braking. Finally, try to take pictures of the surrounding area for landmarks, distance, and other details. All of these photos help create a visual representation of the accident and the immediate aftermath for a jury.

Police Reports

Once police arrive, they will assess the situation and take statements from every driver involved. It’s important to watch your words when speaking to police – anything that sounds remotely like an admission of fault will be held as such, so don’t admit to any fault and simply answer the officer’s questions honestly and concisely. Keep in mind that police reports are not entirely set in stone. If new evidence or other developments such as errors with the original report arise, you can typically solve them easily by providing the police with the correct information.

No-Fault Accidents

Some car accidents may prove very difficult to assess fault, while others are clearly the result of one driver’s actions. These are “no-fault” accidents and typically lead to speedy resolutions. Some of the most common no-fault accidents include rear-end collisions and left-turn collisions. All drivers should leave enough space between their cars and the cars immediately in front of them so there is room to stop if necessary. A driver who hits another car from behind will rarely be able to argue against his or her fault in the accident, unless a third driver influenced the crash in some way.

Similarly, cars making left-hand turns through intersections are most often to blame for crashes in these situations. Cars traveling straight through the intersection have the right of way before left-turning cars. In some cases, a left-turning driver may be able to argue that another driver or unforeseen hazard forced him or her to stop in the intersection, causing an accident.

Establishing Negligence

Personal injury law hinges on the concept of negligence. To prove negligence, you and your attorney must be able to prove that the defendant had a duty to act with reasonable care, violated this duty, and their actions directly led to your injuries and damages. This is often far more complex than it sounds, so one of the best steps you can take when trying to prove another driver’s fault in a car accident is to hire an experienced personal injury attorney .

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What is Toxic Mold?

Thu, 13 Apr 2017 21:23:00 GMT

Every homeowner dreads the idea of finding mold growth in the house. Mold outbreaks are not just unsightly – they can be extremely dangerous for you and your family’s health. However, due to numerous recent lawsuits, increasing public concerns, and inaccurate or sensationalized reporting from the media, many misconceptions about mold continue to pervade the public. Many homeowners may be holding inaccurate beliefs about mold , and it’s vital to separate the facts from the myths.

Understanding the Basics of Mold

Fungus serves an extremely important function in the world’s ecological systems: it helps break down and repurpose decaying organic matter. Without fungus, dead organic matter would remain and stagnate, potentially endangering other life in the area. Mold is a kind of fungus that can grow in virtually any warm, damp environment, inside or outside. Indoor mold appears in thousands of variations, and you should be happy to learn that even moderate mold deposits in your home probably aren’t hazardous to your health.

Generally, mold only becomes a threat if you face repeated exposure to large, dense mold deposits. In most situations, homeowners will be able to identify and handle these deposits before they reach significant levels. Cleaning mold deposits can be a challenge, even for small amounts. Mold reproduces through spores – tiny, almost invisible specks of fungal matter that become airborne and settle into other warm, damp surfaces to proliferate. Mold spores are also incredibly resilient and able to survive harsh environments much longer than you may expect.

Finding Mold in Your Home

Since mold requires warmth and moisture to grow, you’ll typically find mold in the areas of your home that have the least ventilation and the highest moisture levels, usually basements, kitchens, and bathrooms. You may also see mold growth in other places if you recently experienced water damage or a plumbing failure.

Most of the potted plants in and around your home likely have some amount of mold living in them, and mold can grow on various other surfaces and substances in your home, such as wood, paper, ceiling tiles, cardboard, drywall, and fabrics. Mold in one area of your house can easily spread to others by releasing spores which travel through your heating and air conditioning system. You may also track mold spores into your home on dirty shoes and clothing.

Mold vs. “Toxic Mold”

Technically, there is no such thing as “toxic” mold; however, some mold can produce mycotoxins under specific conditions. These mycotoxins spread with the mold’s spores and can cause significant health problems if your body absorbs them on a regular basis for an extended time. Two of the most commonly cited “toxic” molds are Aspergillis and Stachybotrys atra, also known as “black mold.” Black mold is adept at growing in structures with water or flooding damage.

Mold Removal

Unless you’re only facing a very small mold deposit, you should hire professionals who can handle mold removal. Mold spores can easily spread to other areas of your home when you attempt to clean it without the proper techniques and tools. Additionally, the mold removal process is different depending on what type of surface you intend to clean. If mold accumulates in an absorbent or porous material, you typically have no other option besides replacing the affected materials. It’s important to spot and control mold growth as early as possible to prevent the need for extensive and costly renovations.

If you believe that mold exposure created a health issue for you or a loved one, it’s important to speak to an attorney as soon as possible about it. While establishing negligence for a mold outbreak can prove tricky, an accomplished attorney will be able to assess the facts of your case and let you know your options for legal recourse.

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Injured During Public Transit Accident?

Tue, 11 Apr 2017 21:15:00 GMT

Everyone on the road potentially faces serious accidents. While being involved in a car accident can leave victims stunned and unsure of their next steps, accidents involving public transit vehicles compound this confusion. If you’ve suffered an injury from a public transit accident such as a bus, train, or subway, it’s vital to know your options for legal recourse. You’ll also need to secure representation from a qualified attorney, as public transit accidents operate differently than typical car crashes.

Understanding Common Carrier Laws

Any entity that conducts business by transporting people or goods between places is a common carrier under the law. Common carriers are legally responsible for the safety of all their passengers, and thus the law considers them as having a higher duty of care than other motorists. When you get in a car accident with a negligent driver, you must prove the other driver acted in a way that is inconsistent with what a reasonable person would have done in the same situation.

After a public transit accident, you must prove the carrier acted in a manner inconsistent with what a reasonably careful operator would have done in the same situation. In many cases, proving the carrier failed to meet the standard of a “reasonably careful operator” is enough to establish negligence. Additionally, your attorney must determine whether the carrier is a private or government entity, as the rules for engaging either in a lawsuit vary greatly.

Government-Operated Common Carriers

Many public transportation entities operate under government direction and receive tax-based funding. If your accident involved such a carrier, your attorney must navigate the local tort claims acts for filing claims against government agencies. These rules typically dictate the statute of limitations or time limit you must file a claim. Additionally, the process for filing notices of claims or other documentation to progress these lawsuits fall under very strict deadlines. Some local governments also have caps on the amount of damages you can potentially recover from a lawsuit against a government agency.

Potential Grounds for Public Transit Negligence

If you suffer serious injuries or damages from a public transit accident, you may need to navigate complex legal issues to secure compensation. Most traffic accidents cause broken bones, lacerations, blunt force trauma wounds, traumatic brain injuries, spinal cord injuries, burns, crushing injuries, and many more possibilities. On a common carrier transporting several people at once, the additional passengers and larger size of most common carrier vehicles compound the dangers of a typical car crash and open a host of other potential hazards.

It’s also important to note that you can suffer damages or injuries from a common carrier even if you are not a passenger. For example, if a city bus runs a red light or fails to properly signal and hits you while walking or while in your car, you would need to familiarize yourself with common carrier laws to file the appropriate legal action.

Your Legal Options

Common carriers must ensure every one of their vehicles meets all safety regulations and standards. Failing this, a mechanical flaw or defective part could put passengers’ lives in jeopardy. Additionally, all crew members and individual operators should complete the necessary training before transporting passengers. Negligent or poorly trained crew members can easily cause serious accidents, shifting liability to the carrier.

One of the best assets to have on your side after a public transit accident is a qualified and experienced attorney. While a civil action against a private carrier is typically straightforward, filing a claim against a government carrier is very complex and necessitates decisive, timely action. Take your time and find an attorney with a track record of success in public transit accident cases to increase your chances of reaching a positive result.

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Filing Dangerous Drug Lawsuits for Harmful Side Effects

Thu, 06 Apr 2017 21:11:00 GMT

Americans face a great number of concerns when it comes to healthcare, and suffering harmful side effects from dangerous drugs is unfortunately one of the most common. Physicians who prescribe medications must take care to do so in their patients’ best interests and fully inform their patients of the drug’s necessity, possible side effects, and hazardous interactions with other medications. Failing at any of these things, doctors who prescribe dangerous drugs with harmful side effects may be guilty of medical malpractice.

What are My Options?

When you’ve experienced the harmful side effects of a dangerous drug, you may be wondering if you have any options for legal recourse. You may also wonder who is responsible for your illness or injuries. Depending on the nature of your case, your lawsuit could potentially entail multiple defendants.

Can I Sue the FDA?

The United States Food and Drug Administration (FDA) have a responsibility to the American people to ensure no one may sell or distribute harmful substances. This includes regulation of the food and drug industries as well as extensive review processes that ensure product safety. Many people falsely assume that the FDA must approve a drug before it can legally reach patients. While this would seem to make sense, this is not the case. Many drugs reach the market before obtaining FDA approval.

As a government agency, the FDA has sovereign immunity, protecting it from lawsuits. Since suing the FDA is out of the question, you may think the next logical defendant would be the drug’s manufacturer. Unfortunately, this is not always possible.

Suing Drug Manufacturers

Prior to 2013, if a drug manufacturer released a dangerous drug that caused adverse side effects, anyone who suffered these side effects could sue the manufacturers for their losses. However, in 2013, the U.S. Supreme Court issued a significant decision regarding the case of Karen Bartlett vs. U.S. Merck and Co. and Mutual Pharmaceutical Company. This ruling states that individuals may not sue drug manufacturers for the effects of drugs that have FDA approval. This means that once the FDA approves a drug, plaintiffs may not sue the manufacturer for damages even in the face of legitimate proof the drug is harmful.

Since you cannot sue the FDA or the manufacturer (in most cases) for the effects of dangerous drugs, your only options left for legal recourse will be to sue the doctor who prescribed the medication or the pharmacy that filled your prescription. It’s vital to connect with an experienced medical malpractice attorney in these situations so you can more easily establish physician or pharmacy liability.

Securing Compensation

Physicians have very high legal standards of care due to the nature of their work. Whenever a doctor violates established medical community standards, endangers the health and wellbeing of patients, or deviates from accepted practices without just cause, a jury may deem the doctor negligent and liable for the effects of a dangerous prescription. Similarly, pharmacists have a legal duty of care to ensure safe dispensing of medications. Pharmacists must recognize dangerous interactions between drugs and verify proper doses per doctors’ instructions.

You’ll need the services of a qualified and reliable medical malpractice or personal injury attorney to handle your case. To establish physician or pharmacy liability, your attorney must prove that either your physician or pharmacist knew the drug in question was dangerous, and yet supplied it anyway. Most doctors and pharmacies have access to vast legal resources, so only an attorney of your own will have the skills necessary to navigate you to an acceptable result.

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How Can I Stay Safe on the Golf Course?

Tue, 04 Apr 2017 21:10:00 GMT

Many people enjoy golfing during warm weather, and while golfing isn’t as strenuous on the body as many other sports, it’s still vital for golfers to exercise care and stay safe while enjoying a round of golf. Playing golf outside means golfers are vulnerable to health hazards like heat, weather, and possibly even wildlife. It’s also important to keep a few best practices in mind to avoid injuries and strain on the body.

Tips for Managing Heat

Just like any outdoor activity, it’s important to stay hydrated when playing golf. Many people do not drink enough water before engaging in physical activity, and this leaves them far more prone to heat exhaustion and other problems. Playing 18 holes of golf typically entails quite a bit of walking, so you want to be sure to replace your lost electrolytes on a regular basis and rehydrate at every opportunity.

Playing outdoors also means sun exposure, so you’ll want to wear clothing that is appropriate for the weather, as well as sunblock to prevent sunburn. Some golfers may shy away from sunscreen because it can make golf clubs slippery, so bring hand wipes or a golf towel to keep your hands dry and prevent your clubs from slipping. Additionally, if you must wait to tee off at the next hole, or you’re waiting for the rest of your group to finish their shots, try to stay in your golf cart or stand in the shade instead of the direct sunlight.

Environmental Hazards

Many golf courses feature dense woods around the fairways as well as water hazards. It’s important to use good judgment if you must retrieve your ball from the rough or near water. Typically, if you lose a ball in the water, it’s best to just use a new one. If you attempt to retrieve it, you risk falling into the water, and may suffer injuries if you strike the bottom or aspirate water. When trekking through rough terrain on the outsides of a fairway, make sure to stay vigilant for wildlife, especially animals like snakes, boars, and alligators. It’s not uncommon to see gators crossing golf courses near the swamps of the Southern U.S.

When swinging your club in the rough, make sure your swing arc is clear. Striking a branch during your swing could damage your club, cause an injury in your arms or back, or break branches overhead that could fall and hurt you. Finally, while some golfers may not mind playing in a bit of rain, never play golf when there is lightning nearby. Golf clubs are metal and very attractive to lightning, especially when playing on a wide, generally flat area like a golf course.

Golf Cart Safety

Golf carts aren’t exactly high-performance vehicles, and typically don’t go very fast even at top speed. However, it’s important to exercise caution and drive golf carts carefully to avoid injury. If you overfill a cart, it can easily tip over and injure riders and damage clubs. It’s also important to drive slowly around all areas of the course to avoid accidentally hitting other golfers. Just like driving in your usual car, driving a golf cart requires care, patience, and vigilance to prevent injuries and damages.

Stretching

Even experienced golfers need to stretch and warm up before starting a round of golf. When you tee off, the force of your drive can cause muscle pulls, cramps, or even joint injuries. The body generally cannot handle sudden strong movements without preparation, so make sure to do a full regimen of stretches before your first drive.

If you notice any hazards on the course that may pose a risk to other golfers, notify the golf course supervisors as soon as possible. If the weather or other environmental issues give you pause, it may be better to postpone your golf outing for another day. Finally, if you do suffer an injury while golfing and believe it was due to another person or party’s negligence, consult with a reliable personal injury attorney about your options.

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Texas Motorcycle Helmet Laws Everyone Should Know

Fri, 17 Mar 2017 20:46:00 GMT

Some motorcyclists want to feel the wind in their hair and the slightly rebellious feeling that comes from living on the edge, so they leave home without a helmet. Texas laws require most drivers to wear helmets on motorcycles with some exceptions. Regardless of the laws, wearing a helmet is always a good idea.

Texas Motorcycle Helmet Laws

In general, every driver operating a motorcycle, moped, or scooter must wear a helmet in Texas. Unlike other states, however, Texas offers an exception to the rule . If a motorcyclist is 21 years old or older and has finished a state-approved motorcycle operator training course or can demonstrate a minimum of $10,000 in medical insurance coverage, then that rider can opt out of wearing a helmet.

The laws go one step forward to protect helmet-less riders. A law enforcement officer cannot stop a motorcyclist without a helmet to confirm safety course completion or insurance coverage. An officer may only detain a motorcyclist if he or she can demonstrate probable cause that the motorcyclist has committed an offense.

Why You Should Wear a Motorcycle Helmet Anyway

Texas may not require a helmet for certain motorcyclists, but every motorcyclist should consider the consequences of failing to use a helmet on Texas roadways. In 2015, the most recent data available, 459 motorcyclists and passengers lost their lives in Texas . Fifty-two percent chose not to wear helmets on the day they died.

Motorcycles do not provide any basic protection from blunt force trauma. Head trauma is a real and serious risk in all types of motorcycle accidents . Unlike broken bones and road rash, traumatic brain injuries and spinal cord injuries may never heal with time.

A helmet is not comfortable to wear on hot days, but it could mean enjoying those days longer. In Texas, the number of distracted, drunk, and reckless drivers on the roadways is just too high to justify riding without a helmet. You might drive safely, but you cannot ensure others will do the same.

What to Look for in a Motorcycle Helmet

You’ll find six basic types of safety standard approved helmets on the market today ranging from half helmets to full-face and modular varieties. Full face, modular, off-road, and hybrid helmets offer protection elements to cover the entire head and face, whereas open face and half helmets leave the face and parts of the head exposed to the elements.

In each helmet type, look for a DOT sticker on the back and then evaluate the individual components of the helmet. High-quality helmets will feature a reinforced shell, a Styrofoam-like liner designed to absorb impact, soft padding for fit and comfort, and a chin strap that fits snugly but not uncomfortably under the chin.

A helmet should not easily slide off your head, but it should not cause an uncomfortable level of compression when worn either. Try on different styles and move around with the helmet on to check for movement, visibility, and comfort.

Quality motorcycle helmets aren’t the most inexpensive accessories, but they provide the most important piece of protection you can wear. Manufacturers designed most helmets to last through one crash. Purchase a replacement if your helmet suffers damage or is involved in any accident involving head impact.

Helmet Use and Personal Injury Claim

Consider wearing a helmet to protect your rights in personal injury claims. If you choose not to wear a helmet and to pursue an injury claim against a negligent driver, the defense may try to assume of risk argument against your claim.

In not wearing a helmet, motorcyclists should reasonably know the risk of head injuries in any incident will increase. This argument will not work for claims involving bodily road rash or a broken femur but could bar a plaintiff from recovering damages for resulting head injuries. When it comes to wearing a helmet, it’s better to be safe than sorry.

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Common Defenses Used in Negligence Claims

Wed, 15 Mar 2017 20:43:00 GMT

In civil claims, plaintiffs bear the burden of proving negligence. When one party accuses another of negligence, he or she can use several strategies to diminish or disqualify the evidence a plaintiff presents. Those wrongly accused of causing or contributing to an injurious accident must often fight against aggressive personal injury attorneys to protect their own rights under the law.

Proving a Negligence Claim

In every basic negligence claim, a plaintiff must prove :

For example, a driver owes a duty of care to use reasonable caution and follow the rules of the road. If the driver speeds, texts, or drives recklessly, he or she is in violation of the basic duty of care. If that momentary distraction or 10 extra mph contribute to a wreck and a plaintiff’s injuries, the defendant is liable for the resulting injuries.

Any number of factors in the example could change the merit of the negligence claim. The defendant could prove he or she used a reasonable level of care, that the plaintiff also violated the driver’s duty of care, that the plaintiff did not suffer harm in the incident, or that the defendant’s actions did not proximally cause the injurious incident.

Identifying Defenses in Negligence Claims

Regardless of the case matter, a defendant could choose to invalidate any of the four elements of proof a plaintiff presents, to focus on the plaintiff’s own negligence or assumption of risk, and/or focus on the technical elements required for the courts to uphold the claim. Depending on the case, a defendant may not have owed the plaintiff any duty of care, violated the accepted duty, caused the accident, or contributed to the plaintiff’s injuries. Medical expert reports, witness accounts, accident reconstruction, and other evidence may uphold the defense’s arguments to nullify the elements of negligence.

Texas operates under a modified comparative negligence rule in negligence claims. The concept allows the courts to diminish a plaintiff’s compensation based on his or her own percentage of negligence. Any plaintiff found 51% or more at fault for an incident cannot recover any damages in a claim. Furthermore, any defendant found less at fault may use that determination as a basis for his or her own personal injury claim.

In some cases, a plaintiff may engage in well-known risky activities and suffer an injury. If the plaintiff had prior knowledge of the risks involved in an activity and acted anyway, the defendant may not bear liability for the accident or resulting injuries. If, for example, someone goes ice skating, falls, and suffers an injury, the ice rink would not face liability unless it offered the customer defective rental skates or improperly maintained the rink. Ice skating holds a reasonable assumption of risk.

In addition to case-based defense strategies, a defense attorney may also point out technical flaws in the plaintiff’s claim. For a plaintiff to successfully file a claim, it must adhere to the relevant statute of limitations , file appropriate claim documentation, and follow all legally recognized avenues for compensation. Failure to follow the prescribed civil processes can result in an invalidated claim.

Building a Defense in a Negligence Claim

To protect your rights in a legal claim, reach out to an attorney for a consultation as soon as possible after any injurious accident. You may not see the legitimacy of a claim, but a plaintiff’s attorney will search for every possible argument against the defense. Contentious claims often come down to the legal capabilities of the attorneys representing each side.

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What to Do If You Are Exposed to Benzene

Fri, 10 Mar 2017 20:38:00 GMT

Benzene is one of the most common dangerous substances humans encounter on a regular basis. The colorless and highly evaporative chemical comes from petroleum and poses serious health risks. While some exposure to the chemical is unavoidable in daily life, concentrated or prolonged exposure will lead to adverse health conditions.

What is Benzene?

This sweet-smelling hydrocarbon exists in both liquid and gaseous states. It’s highly flammable and evaporative. Trace amounts are in the natural environment and some foods. You will find the chemical in cigarette smoke, gasoline, exhaust, and in forest fires. In industrial environments, companies also use the chemical to manufacture everything from plastic products to insecticides.

When a human encounters the gaseous form of benzene, half of it goes back into the environment upon exhalation. The body stores the other half in fat and bone marrow until the body can break it down. During metabolism of the chemical, the body creates byproducts that are more dangerous than benzene itself.

Exposure to Benzene

In daily life, you are not likely to come into dangerous concentrations of benzene. Those who work in petroleum product rich manufacturing environments, who smoke heavily, and who are exposed to gas leaks may suffer the most from the chemical’s ill effects. Benzene can enter the body through inhalation, skin contact, and ingestion. The amount of benzene absorbed into the body will affect the severity of symptoms a person experiences.

Long-term benzene exposure can cause cancer , immune system damage, and neurological damage. It poses a heightened risk to children and expectant women. Concentrated benzene exposure can cause blurred vision, nausea, heartbeat irregularities, dizziness, drowsiness, headache, breathing difficulties, confusion, sleepiness, unconsciousness, and death within minutes or hours.

What to Do After Exposure

If you have reason to believe you encountered benzene in any form, take the following steps immediately:

Report the incident and seek medical attention even if you believe you removed all the contaminated clothing and successfully rinsed the chemical from your body. The colorless chemical could affect you more than you know.

There is no targeted antidote for benzene poisoning. Medical treatments vary depending on the nature of the exposure and the symptoms a patient experiences.

After Benzene Exposure

Concentrated benzene exposure rarely happens without some form of human negligence. Gas leaks, industrial chemical exposure, and water contamination almost always occur because someone failed to use an appropriate level of care while handling this highly toxic substance.

If you or someone you know suffered acute or long-term effects from benzene toxicity, you may want to discuss legal options with a personal injury attorney . The World Health Organization considers benzene a significant public health concern , and nobody should have to suffer from the chemical’s after-effects.

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Tips for Avoiding Injuries on Treadmills

Wed, 08 Mar 2017 20:33:00 GMT

Treadmills deliver cardio training in a convenient indoor machine. Whether you’re training for a race, walking for health, or building your strength for a multi-day backpacking trip, a treadmill can help you move forward in your exercise plans, but they pose risks. One accident on a treadmill can leave you unable to work out for weeks or cause permanent injury.

Avoiding Treadmill Injuries

In 2015, a high-profile treadmill death brought home the serious risks of treadmill exercise. Dave Goldberg, the CEO of SurveyMonkey, was 47 when he fell from a treadmill and hit his head. The subsequent blood loss he suffered caused his death. Treadmills can easily cause injuries from falls if users fail to use caution. They can also contribute to repetitive use injuries from improper form. Before you pop on your headphones and space out on the machine, run through this checklist to keep yourself safe:

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Top Causes of Teen Driving Accidents

Fri, 03 Mar 2017 20:31:00 GMT

Teens often drive with the confidence of professional race car drivers. Unfortunately, they do not receive the same training or use the same degree of care as adults when behind the wheel. Teens aged 15-19 were involved in 81,986 crashes in Texas during 2015. If your teen is driving this year, warn him or her of the top causes of teen driving incidents.

According to the CDC, vehicle crashes take the number one spot among the top causes of death for American teens. The most common causes of teen driving accidents include:

Look for new ways to tell teens about the risks of reckless driving. If the increase in insurance rates doesn’t serve as a warning, ask them to think about how they would feel after causing a deadly crash. Designers created simulators and legal racing tracks for speed. Highways filled with mothers, fathers, grandparents, siblings, and children are the wrong places to play with speeding.

Addressing Teenage Car Accidents

Make sure your teen understands what to do in the event of an accident. In accident claims, insurance adjusters and/or juries may hold a bias against teenage drivers who engage in unsafe driving behaviors. Help your child understand the importance of accident scene documentation and who to call immediately after an accident. Reacting to an accident is often just as important as prevention practices.

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What Are the Symptoms of Infant Brain Damage?

Wed, 01 Mar 2017 20:16:00 GMT

When an older child or an adult suffers a brain injury , family, friends, and medical professionals often quickly notice the accompanying symptoms including changes in mood, personality, and behavior. In an infant, identifying the presence of brain damage is more difficult. A baby cannot express feelings through words and has not yet developed precise motor skills. Understanding the signs and symptoms of infant brain damage could save a baby’s life and improve the developmental process later.

What Causes Infant Brain Damage?

Infant brain damage can happen before birth, during labor, or after delivery. Acts of medical malpractice include a preventable loss of oxygen in the womb or compression in the birth canal. Brain damage can also arise from blunt force trauma in car accidents or during a fall. In incredibly sad cases, it may also arise from abuse involving shaking a baby’s head back and forth (shaken baby syndrome) or throwing a baby.

These incidents can lead to a variety of brain injuries including neuropathy, hearing loss, musculoskeletal related palsies, blindness, learning difficulties, paralysis, mood and behavior problems, and death. Early diagnosis is often key in treating brain injuries in infants.

Symptoms of Infant Brain Injuries

Unless a parent witnessed a traumatic event, he or she may not understand the symptoms manifesting in a newborn or baby. Even identifying acts of malpractice may take some time. Look for the following symptoms in the days and weeks after birth that may indicate a birth injury:

After the initial weeks and months after birth, symptoms may manifest differently. Depending on the area of the brain damaged, a child may struggle with developmental milestones a pediatrician outlines. Difficulties with eye-hand coordination, sitting up, crawling, learning words, and identifying shapes may all indicate some level of cognitive or physical impairment.

As a baby grows, brain damage may also appear in the form of a heightened or decreased sensitivity to pain, balance difficulties, excessive fatigue, light sensitivity, or sleeping disorders. Anything that seems to counter a mother’s tuition or a pediatrician’s evaluation may indicate a potential brain abnormality. The list of symptoms changes as a child ages through those first formative years.

If you notice your infant can’t focus on your face, does not show interest in light and colors, or cannot complete basic tasks long after he or she should have reached the milestone, discuss possible explanations with your pediatrician. Some children are simply late bloomers, while others may suffer from a more serious condition. Keep a list of the actions or non-actions that concern you as a parent and discuss them in detail at all checkups to ensure your baby develops properly.

Diagnosing Brain Injuries in Infants

The only way to know for sure if an infant suffers from brain damage is to conduct a brain scan and watch carefully for abnormal development symptoms. An MRI or CT scan will show bleeding, pressure, and fractures affecting the skull and brain. Other tests may measure the electrical impulses indicating normal brain functioning. Specialists know exactly what to look for in infants of varying ages.

If, as a parent, you feel that something is not right, pursue your gut feeling. At best, testing will alleviate your concerns. At worst, you will have a better understanding of what your child faces. Depending on the type of injury, physicians may use therapy, surgery, or other treatments to minimize the consequences of the brain injury.

If your baby suffers a brain injury and you suspect malpractice, abuse, or negligence, you may want to discuss your legal options with a personal injury attorney . A preventable injury can rob a child of a bright future. A legal claim often plays an important role in seeking justice and obtaining financial support for treatment, rehabilitation, and maintenance.

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What can I do if my child was injured on the school bus?

Wed, 22 Feb 2017 22:44:00 GMT

If your child is injured in a school bus accident , your first thought concerns their well-being. Once you see they are all right, you want to know how the accident happened; could a more competent driver have avoided it? If the accident was caused by their negligence, then you deserve compensation for damages.

Can I Sue the School District?

The short answer is yes, but the circumstances have to be right. A school district is considered a government entity, which means they can have immunity from lawsuits in a lot of cases. In the event of an injury related to a school bus accident, how the crash itself happened will dictate whether you can file a claim against the school

Suppose another car or truck hits the bus, and your child is injured. In this situation, it is usually the other driver’s fault, and while you can file a claim against them, one can be filed against the school district as well if negligence can be proven.

How is negligence proven? There are a few things to look at. First, the bus driver’s history will be called into question. If they have a DUI arrest, or an excessive number of moving violations, that the school somehow missed when they hired the driver, then the school can certainly be held responsible. Next, their actions leading up to the accident will be taken into account.

If the bus was hit by another car, but the driver failed to properly signal their stopping or their brake lights were out, then the district can be held liable. When any part of the bus is not working properly, it should be noticed by the driver during their routine inspection. If the driver failed to inspect the exterior or interior of the bus, and this failure directly led to injury in an accident, the district can be held responsible.

Statute of Limitations

Most personal injury claims and lawsuits have to be filed within two years of the date of injury. When filing a claim against a government entity, such as a school, the process is different. First, you must file a notice of a claim with an official from the school, usually within 60-90 days. Once you have done that, then a formal personal injury claim can be filed.

There are only certain times when a claim can become a lawsuit: if the school denies the claim, or if they fail to take any action within three to six months. The lengths of times here vary from state to state, and even city by city, so it’s important to discuss proper course of action with a lawyer if you are seeking compensation for personal injury while your child was under the supervision of the school.

Texas School Bus Safety

In terms of vehicle transportation, a large bus is the safest possible option for the road. Its size offers protection to all riders, but one area of concern among many parents is the lack of seatbelts. As it currently stands, only smaller busses weighing less than 10,000 pounds are required to have safety belts. There are other ways to avoid an accident with a bus.

The NHTSA recommends that you teach your child to always walk at least a few feet in front of the bus so that they can be easily seen by the driver. Make eye contact with them before crossing, and ensure that the bus’ stop sign is up so as to warn other drivers. They should also stand well back from the edge of the road until the bus comes to a complete stop.

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What Is OSHA?

Wed, 15 Feb 2017 22:38:00 GMT

Before 1970, approximately 14,000 workers were killed on the job every year. Minuscule importance was placed on workplace safety, and when employees were hurt while working, almost no mind was paid to compensation. It was clear something had to be done, and so OSHA was created. Since its inception, the number of worker fatalities per year is about 4,400 on average.

What Is OSHA?

The Occupational Safety and Health Administration (OSHA) was born out of the Occupational Safety and Health Act, signed into law in 1970 by then-President Richard Nixon. It’s their job to ensure industry compliance with safety standards, health regulations, and employee benefits by the company. This is most crucial in the field of construction, where more than 20 percent of all worker deaths happen every year.

How Does OSHA Carry Out Their Inspections?

They have a budget of nearly $600 million , employ more than 2,200 federal inspectors, not to mention the nearly 3,000 state-level employees (26 states have their own OSHA programs; Texas is not one of them), and they conducted a total of 75,000 inspections at federal and state levels combined. However, there are approximately 8 million public-sector workplaces, which means OSHA has a very difficult job.

What Happens During an OSHA Inspection?

An OSHA inspector’s first priority is assessing whether there are any imminent dangers present. If there are, employees will be immediately removed and employers asked to fix the problem immediately. Then, the inspection process will usually proceed as follows:

If there are numerous dangers, the workplace may be subject to targeted and repeat inspections. Of course the company has the ability to file an appeal, in which case they can have an informal conference with an OSHA Area Dictator. Employers have 15 days post-inspection to formally file an appeal.

What Are the Penalties for OSHA Violations?

A fineable offense on the part of a company means that they have a certain amount of time to correct the problem, otherwise fine amounts will continue to escalate. The OSHA fine structure works like this:

The incentive for workplaces to comply with OSHA standards is there. Mistakes will happen sometimes, but OSHA does not take repeated dangers or neglectful actions lightly.

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What are the Texas Consumer Protection Laws?

Wed, 08 Feb 2017 22:31:00 GMT

As a consumer, you expect the manufacturers, distributors and advertisers to make, transport and sell a product with honesty. The product should function properly, efficiently, and come with a warranty at the very least as a show of good faith. Sometimes, however, a product may be falsely represented in advertising, or not built with integrity.

Texas Consumer Protection Laws

These laws don’t just cover faulty products or false advertising, they cover business practices that can sometimes turn abusive, such as debt collection. Many of us have experienced the harassing phone calls and threatening language debt collectors may use, but there is a line they cannot cross. The Fair Debt Collection Practices Act was approved in 1977, and it stipulates:

If you have grounds for a suit based on a violation of these regulations, you could be awarded up to $1,000 in damages plus attorney fees. Debt collecting cases are the most common types of consumer protection claims.

Consumer Rights

Most of the time, you can only recover what the product was worth. This is unless that product directly caused further damage to your property or your health. For example, if a Samsung Note 7 spontaneously combusted and set your house on fire, you may be entitled to be compensated for all property damages and any injuries that may have happened because of that fire.

Consumer rights laws also require that companies be transparent in their general communication with the public. For example, if a defect existed on a certain type of car, the manufacturer knew about it, and failed to warn the public, you could file a suit for damages if you own that car. Attempts to hide problems, or any other negligence by a company, could be grounds for a large lawsuit that may involve multiple people.

How Do I File a Consumer Complaint?

There is much paperwork to fill out here, and a lot of time may have to be spent on the phone. The good news is you don’t have to do this all by yourself; hiring an attorney can expedite the process, and the company against whom you are filing a claim will take it more seriously if you hire a lawyer.

The process starts by gathering receipts, warranties, contracts, email correspondence, or any other supporting documents you may have. Then you will contact the company or seller of the product, preferably in writing so that you have physical evidence that contact was indeed made. Try contacting everyone you can think of at the company. If they fail to respond within a certain time frame, contact a local consumer protection office and/or the Better Business Bureau to lodge your formal complaint.

If all of this fails, then legal representation will absolutely become necessary here. A personal injury attorney can file a lawsuit, negotiate a settlement, or gather any other evidence on your behalf.

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How Does a Lawyer Settle a Lawsuit?

Fri, 03 Feb 2017 22:30:00 GMT

Most Texas personal injury cases are settled out of court. The person or other entity against whom you are filing a claim will want to avoid a trial, and avoid being on the hook for court costs and attorney fees should it appear likely that you will win the case. So what is involved in the settlement process? How is the final number for damages payments calculated?

Before the Settlement

Once discussions between the two parties formally begins, there is what’s known as the “discovery period.” This allows for the collection of all relevant documents, records and evidence by both parties. The discovery period is why it’s so important to keep all bills, correspondence and statements relevant to the case. Even if you don’t think it’s directly related – such as your pay stubs – you may need to have it on file, especially if you’ve missed work as the result of your injury and are trying to reclaim lost wages.

Interrogatories will often be filed by either side, and it allows for information pertaining to the case to be requested. These are usually submitted in writing, and you will have the opportunity to object to any question you or your lawyer feel have no bearing on the case. The defense can also ask for medical records, work history or even emails if they can show that it has a relation to the case.

There are a few things the defense can do to extend the settlement process or have the claim dismissed entirely. If you are going to be using expert witnesses, the defense may not want to discuss a settlement until they know who the witnesses are. No matter what they do, it’s imperative that you are open and honest about everything with your attorney, so they can properly prepare for anything that might be brought up during discovery.

During the Settlement

Sometimes, the actual settlement discussion once the discovery process is over is quite simple. If the attorney’s know each other, they may very well negotiate a settlement over the phone. Other times, the settlement process can be long and drawn out, as offers and counter-offers are traded and argued over. This is especially true if the defense is an individual or a company who may be trying to save public face; they don’t want to go to trial, but they don’t want to pay more than they have to either.

Most of the time, the two parties will meet to discuss the terms of the settlement during mediation. This can be conducted by a private mediator or a judge. This can last a few hours, or a few days depending on the complexities of the case. If you and your attorney reach a point where you are ready to accept a settlement offer, be absolutely sure; once you tell the defense that you accept, there is no going back.

After the Settlement

The main question on your mind is likely, “when will I be paid?” Depending on who the defendant is, this could vary. If it’s an individual who may not have a lot of money, then it could take a while to receive full compensation; a payment plan may have to be worked out unless they have good insurance coverage. Texas law limits wage garnishment to 25 percent of every paycheck. It’s likely that you will need to keep your lawyer after the settlement process just in case the defendant tries to renege on the payment.

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What Are the Texas Fireworks Laws?

Wed, 01 Feb 2017 22:21:00 GMT

Millions of people across the country love the traditions of the Fourth of July, and fireworks are on top of that list. While many enjoy the professional shows, they want to shoot off a few of their own as part of the celebration. For maximum safety, it’s important to know what the fireworks laws are in Texas, as well as the city of Houston.

State Fireworks Laws

Texas regulations don’t just cover when and where a person can use a firework, but include provisions on manufacturing and selling them, as well as conducting professional shows. There are constraints for each, and great concern must be paid to fire safety at all times.

When Can Fireworks be Sold in Texas?

What Is Required to Sell Fireworks in Texas?

Anyone who wishes to manufacture, distribute, job or import fireworks to be sold or used in Texas must obtain the appropriate license to do so. Further stipulations are as follows:

Fireworks Use Laws

The state allows fireworks approved by the Department of Transportation and the Consumer Product Safety Commission. The story is much different in Houston, where fireworks of all kinds are not allowed within the city limits, although some are allowed in the outskirts of Harris County. The fine for doing so could be as high as $2,000, on top of any damage the firework may have caused. Harris County was second only to Tarris County (Ft. Worth) in number of fires caused by fireworks, so it’s crucial that you are safe when using them. If you or a family member have been injured by someone’s negligent use of fireworks, contact a Houston personal injury attorney today.

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Most Dangerous Plastic Surgery Procedures

Wed, 25 Jan 2017 19:26:00 GMT

Many plastic surgery procedures come with the same risks and warnings as any other invasive surgery. Infection, anesthesia complications, painful scarring, and hematomas can all complicate seemingly benign cosmetic procedures. Surgeries involving delicate areas and major alterations come with the highest degree of risks. We’ve compiled a list of the most dangerous elective procedures that people undergo.

Plastic surgery can provide meaningful reconstruction for people who undergo extreme weight loss or who experience deforming injuries. Unless a patient requires surgery to regain a normal quality of life, many of these procedures introduce a relatively high level of unnecessary risk. The wrong doctor, a bad day, or a physical anomaly could all jeopardize an individual’s health after plastic surgery.

Less Risky Procedures

While very invasive procedures carry a high level of risk, less invasive procedures may provide results without the likelihood of complications. While these procedures can lead to infections and other complications, the medical community considers them safer than invasive surgeries:

While less risky, always approach any medical solution with caution. From injections to major bone structure alteration, any procedure carries a certain level of risk. Weigh the benefits and the risks before agreeing to a plastic surgery procedure, and reach out to a personal injury attorney in Houston to discuss your options if you experience any complications afterwards.

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Most Common Winter Accidents

Mon, 23 Jan 2017 23:27:00 GMT

In Texas, we rarely see several feet of snow, but we do see plenty of ice. Ice storms, freezing rain, and mixtures of snow and rain can create deadline roadway conditions in urban and rural environments. Meteorologists strongly suggest staying indoors during inclement winter weather, but some people can’t stay home. If you understand the most common types of winter accidents, you can take steps to avoid them and stay safe during any type of weather.

Common Winter Accidents in Texas

A winter accident can total a car and leave you stranded in cold weather. It may also leave you facing hundreds or thousands of dollars in medical expenses. Avoid these most common types of winter accidents:

In addition to these common accidents and prevention techniques, drivers can take steps to increase roadway safety. Maintain your vehicle according to manufacturer guidelines, slow down, and eliminate distractions if you plan to drive during inclement weather.

Preparing for the Unexpected: Winter Accidents

While you can control your own driving behaviors during winter, you cannot always account for other drivers’ behaviors and vehicle defects. Keep an emergency kit in your vehicle during the winter months to protect yourself and loved ones from cold conditions. Fill a box with water, food, blankets, hand warmers, a phone charger, and first aid supplies. In rural areas, you may reach 911 or send a text message even if your phone shows limited service.

With proper preparations, you can handle any situation you encounter on the roadways in Houston and surrounding areas. After an accident, remember to take pictures of the vehicles and the weather conditions to protect your right to compensation.

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Understand Whiplash and Low Speed Collisions

Wed, 18 Jan 2017 19:24:00 GMT

Any time an individual experiences a sudden hyperextension in the neck, he or she may suffer from a whiplash injury. Even a low speed collision can lead to permanent soft tissue damage. Sometimes the symptoms of whiplash injuries take time to manifest and require ongoing treatment.

The Anatomy of a Whiplash Injury

Named for the motion of a whip as it cracks in the air, whiplash injuries can arise anytime a person’s neck snaps back and forth in a traumatic hyperextension. An improperly placed headrest and seatbelt restraint can exacerbate the effects of a whiplash injury during an accident.

After a sudden stop or jolt that causes the whiplash movement, an individual may feel soreness, tightness, or no pain at all. Over time, however, affected vertebrae, disks, and nerves, and tissues may cause a variety of life-altering, chronic, and uncomfortable symptoms. Depending on the area sprained, pinched, or severed, someone may experience neuropathy throughout the body, recurring headaches, dizziness, loss of range of motion, pain, and fatigue. Other symptoms may include mood changes , memory difficulties, or sleep and vision problems.

Since the neck houses part of the spine and the spinal cord , the number of symptoms arising from whiplash injuries vary widely. Two people who experience the same jerking motion may present with completely different whiplash injuries.

Factors in Whiplash Injuries

Low speed collisions, including minor fender benders, can result in long term whiplash injuries. The element of surprise may play a role in the injury. If humans didn’t brace for violent sneezes or other sudden movements, simple daily activities could result in a whiplash injury. The ability to prepare for a sudden back and forth motion can reduce or eliminate the risk of injury.

In a rear end collision, an accident victim may not see or respond to an oncoming vehicle. The sudden motion takes passengers by surprise and creates the dangerous back and forth motion that may result in injuries. Neck strength, support, speed, and the precise angle of movement may also contribute to whiplash injuries.

Whiplash Injury Treatment

The majority of whiplash injuries require at-home therapies and heal on their own within a few weeks. Ice, rest, and support can aid the healing process. However, not all injuries go away with time. Depending on the severity of the incident and a person’s unique physiology, some individuals may suffer from whiplash injuries for years after the incident. Nerve injuries may contribute to long term range of motion and neuropathy symptoms. Vertebral injuries may cause chronic pain and intermittent nerve problems.

For long term symptoms, many accident victims must resign themselves to pain management and routine physical therapy exercises. If ignored, the damage may also lead to long-term psychological difficulties including depression and anxiety.

In severe cases, an individual may lose his or her ability to live normally. Lost ability to work or enjoy life can leave whiplash victims with a distinct loss of quality of life. In unresolved whiplash injuries, a legal claim may provide a meaningful source of financial recovery.

Whiplash Injury Prevention

In low speed and high speed collisions, drivers and passengers can take steps to protect themselves from whiplash injuries. Adjust your headrest so that the top rests even with the top of your head or slightly higher. At this level, the headrest will cradle your head and reduce the impact experienced during a collision.

We strongly advise anyone who experiences the sudden back and forth movement of whiplash to seek medical support. Explain the accident experience to a qualified medical professional and do not hesitate to return for an additional evaluation if you begin to experience additional symptoms. While most symptoms arise within a day of the incident , some may not appear for days.

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Your Guide to Hypothermia: Warning Signs and Prevention

Mon, 16 Jan 2017 23:19:00 GMT

Hypothermia may occur when your core body temperature drops below 96 F. The condition can cause changes in bodily functions including your heart rate. Over time, subnormal temperature will stop the heart completely. People can recover from severe hypothermia, but they must often receive immediate and complete medical support.

The Risk of Hypothermia

Winter represents the most significant risk for hypothermia, but individuals can succumb to the condition in any chilly conditions. If you factor in wind chill, water temperature, and the presence of insulating clothing, someone may experience mild hypothermia in relatively warm environments. In water, even 60–70 F water can cause the onset of hypothermia over time. On land, a temperature of 50–60 F with a colder wind chill and wet conditions can contribute to the onset of hypothermia.

Hypothermia Warning Signs

If you notice any of the following warning signs in yourself or others, reach out for medical support:

During mild cold exposure, exercise, ingesting warm liquids, and bundling up may reverse the condition. However, if an individual acts despondently, feels cold to the touch, or loses consciousness, he or she may require more extreme therapies.

Tips for Preventing Hypothermia

Under normal circumstances, everyone can take steps to reduce the risk of hypothermia and stay warm during cold weather. Use these tips to prepare for cold weather and unexpected circumstances:

Treating Mild Hypothermia

In the beginning stages of hypothermia, fast action can prevent a more serious and life-threatening episode. If you cannot access emergency services and need to warm someone up, remove all wet clothing. Share body heat to keep heat from radiating away into the environment. Eat something, drink warm liquids, and stay in a protected location. Remember wind chill and rain can turn mild temperatures into deadly ones .

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Hit and Run While On Your Bicycle? What to Do Next.

Wed, 11 Jan 2017 19:14:00 GMT

Bicyclists enjoy the same rights and responsibilities as motor vehicles on the road. When a negligent driver forces a bicycle off the road, slams into it, or opens a door onto it and then leaves the scene, he or she commits a hit and run crime. After a hit and run accident, a bicyclist can take steps to protect his or her rights to justice and compensation.

Hit and Run Accidents in Texas

A hit and run incident can lead to misdemeanor or felony charges depending on the severity of the accident. Under civil laws, a bicyclist may also file a lawsuit against the at-fault driver to obtain compensation for associated losses. If a bicyclist cannot identify the at-fault driver, he or she may file a claim against a personal automotive insurance policy containing uninsured/underinsured motorist coverage or a medical insurance policy.

The challenge in hit and run accidents involving bicycles lies in identification. To hold the wrongdoer accountable, investigators must first identify the individual.

Take These Steps After a Bicycle Hit and Run Incident

After an accident, take as many of the following steps as possible to catch the responsible driver and protect your ability to file a claim:

Other Ways to Protect Your Rights in Hit and Run Accidents

Hit and run accidents involving bicycles can lead to catastrophic injuries. Some bicyclists may lose consciousness at the time of the incident, which may make witness and driver identification more difficult. On the roadways, bicyclists can take additional steps to protect their rights to compensation in the event of a dangerous hit and run incident:

After a serious bicycle hit and run accident, reach out to a Houston personal injury attorney for more information about filing a claim. Attorneys provide investigation, insurance, and lawsuit support to aid their clients’ recoveries.

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Can You Sue After Bad Plastic Surgery?

Mon, 09 Jan 2017 23:10:00 GMT

Plastic surgery can refer to reconstructive surgeries after injuries as well as elective surgeries designed to alter physical appearance. While plastic surgery serves an important role to improve body functioning and self-confidence, the public may associate the medical field with stories of surgeries gone wrong. In limited cases, plastic surgery patients may file lawsuits against their surgeons after bad plastic surgeries.

Types of Malpractice Claims After Plastic Surgeries Gone Wrong

Individuals who invest in plastic surgery to change their physical appearances may sign page after page of informed consent documents outlining the risks and uncertainties of the procedure. If the physician used standard practices and followed a patient’s request within reasonable limits, an undesirable outcome may not constitute negligence or malpractice. However, if the physician failed to adhere to standard medical practices or failed to perform within reasonable expectations, the patient may hold the medical practitioner liable for any injurious outcomes.

Lawsuits associated with plastic surgeries may include:

To file a breach of warranty claim, a claimant must prove that the physician used clear and specific language regarding quality assurance. Plastic surgery cases involving breach of warranty claims often require some form of proof of surgical assurances.

Challenges in Plastic Surgery Claims

When holding plastic surgeons accountable for wrongful actions, claimants may run into challenges regarding plastic surgery biases. Juries may automatically disregard claims involving elective surgeries, especially if the patient did not clearly need the surgery. For example, a jury might look at a burn victim who receives plastic surgery differently from an aspiring actress who invests in rhinoplasty (a nose job).

To prove plastic surgery claims, attorneys must often highlight the underlying need for surgery as well as the wrongdoing of the surgeon. Legally, patients hold the right to file claims against medical practitioners for acts of negligence. An experienced attorney will help prevent a jury’s natural biases from interfering with justice. Filing a plastic surgery claim after a botched treatment can help patients receive treatments needed for physical recovery as well as justice in cases involving malicious, inexperienced, or reckless medical professionals.

Pursuing a Plastic Surgery Claim

Plastic surgery may include facial reconstructing procedures, rhinoplasty, breast altering procedures, liposuction, bodily lifts and tucks, structural enhancements, and other procedures. Whether you experience a surgery that leaves you in pain or one that delivers undesirable outcomes, you may have a claim against your medical provider. Speak with a Houston personal injury attorney to better understand your rights, state plastic surgery laws, and your ability to recover after a botched plastic surgery experience.

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What Are the Fault Deciding Factors in a Rear End Accident?

Sat, 31 Dec 2016 16:07:00 GMT

Car accidents occur for any number of reasons. Distracted driving, intoxication , and traffic violations can all play direct roles in a crash. Of all the car accident types, rear end collisions are among the most common. Rear end accidents are, often, “fender benders,” that are more of an annoyance than a cause of injury.

One of most widely held beliefs about rear end collisions is that the rear car is almost always at fault. This holds true so often than insurance companies will rarely investigate liability on their own. Instead, negotiations focus on damages that resulted from the crash.

Why is this such a widely-held rule? Is a rear end collision always the rear-enders fault? Let’s examine how the law handles these types of cases.

Following the ‘Rules of the Road’

When you were a teenager and finally got your coveted driver’s license, you inherently agreed to follow the rules of the road. Essentially, this means you agreed to obey all local traffic laws, including signaling before a turn, stopping for signals and signs, and yielding to pedestrians, among other things. You also agreed to exercise “reasonable care” around other drivers. In the eyes of tort law, we all have a responsibility to be reasonably careful around one another or to not neglect our responsibilities as drivers.

Rear end collisions are text book cases in failing to exercise reasonable care. Law enforcement officers refer this neglect as “failing to assure a safe distance” or something similar. Failing to assure a safe distance may be tailgating, but not necessarily.

Assessing Vehicle Damage

People who rear end others often try to spin creative tales for insurance companies and law enforcement. “They slammed on their brakes,” or “they were driving to slowly” are common refrains. Fortunately, all police officers must examine the evidence in front of them. If there is damage on the front end of one vehicle and the back of another, this is all the police need to arrive at a decision. The rear-ending vehicle committed a moving violation and is at fault.

What About Rear End Collisions Involving Multiple Vehicles?

A common question people ask about rear end collisions is what to do when multiple vehicles are involved. For example, what happens if a rear car in a line hit another vehicle so forcibly it sends that car into the car in front of it, creating a domino effect?

Multi-vehicle car accidents are a little trickier when it comes to determining fault. Generally, in these cases, the fault is still clear – the third car is at fault. However, there are still some instances when your own negligence may have played a role. In those types of cases, the courts look at the notion of “comparative fault.” This concept is more easily illustrated with an example:

Say you were involved in a multi vehicle rear end collision as the middle car. The third car is mostly at fault for the accident, but since you were following the car in front of you too closely, you are slightly at fault. You file a personal injury claim against the third car’s insurance, and a jury awards you $100,000 for damages. If a judge finds you 20% at fault for the accident, you’ll only be able to collect $80,000. This is the comparative negligence rule: you can collect damages from another negligent party, minus your degree of fault.

Though there are extenuating circumstances, rear-end collisions are almost always the rear vehicle’s fault. Though fault is obvious in these cases, none are the same. Discuss your incident with an experienced attorney to be sure.

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How is Fault Determined in a Winter Accident?

Fri, 30 Dec 2016 21:52:00 GMT

With the onset of winter comes hazardous road conditions – snow, ice, and sleet bring slippery conditions to the nation’s roadways. Extreme weather conditions may even keep important first responders such as firefighters, police, and paramedics from doing their jobs more effectively. A study at Marquette University in Michigan found that 116,000 people are injured on snowy or slushy roads each winter.

Not all car accidents cause grievous injury, but most do cause property damage. When snow is a factor in accidents, motorists often turn to the idea of fault. Can you blame the weather for a car accident? How does an insurance company (and law enforcement) determine fault in poor weather conditions? We’ll unpack the answers to each.

Insurance Companies and Fault

In general, insurance companies will make allowances for the weather when deciding fault after an accident. Ultimately, however, it’s your responsibility as a driver to take appropriate precautions and exercise reasonable care on the road.

When you make a claim to an insurance company, they’ll review all the facts surrounding the claim, including:

If you slide through an intersection and rear end another vehicle, you may feel it’s the hazardous road conditions to blame, and not you. Most insurance companies don’t see it this way. They operate under the presumption that you should adjust your driving style to accommodate any inclement road conditions.

Winter Driving Conditions and Personal Injury Suits

The law is a little more accommodating when it comes to personal injury law and winter weather conditions. Each case is unique, but the law uses specific criteria when determining fault in an accident:

Fighting a Fault Ruling

If you’ve been found at fault in a winter accident, you can appeal the ruling. You may choose to cite poor road conditions or inclement weather as a factor in the crash. Unfortunately, once the insurance company or police officer on the scene makes a ruling, it’s hard to reverse. Weather cannot be a sole factor in a crash. While the insurance company may acknowledge that weather played a role in the accident, you’ll likely still see your premiums increase. There’s also little leeway for getting a winter-weather related accident removed from your record.

Preventing Winter Accidents

The best thing you can do in the meantime is take steps to prevent winter-weather related accidents. Only travel if conditions are safe. If you must travel in inclement weather, allow plenty of extra time for travel. Stay tuned to local news reports and only travel on roads with frequent salting if possible. Allow plenty of stopping distance between stop signs, traffic signals, and other cars. Finally, minimize distractions while behind the wheel: keep your phone out of reach and focus on the road. Nothing is more important this winter season than your safety.

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Car Accidents Caused By Vehicle Defects

Thu, 29 Dec 2016 23:26:00 GMT

Car accidents have a myriad of causes. According to data from the Insurance Institute for Highway Safety, car accidents remain a leading cause of death and injury . There were over 32,000 fatal car accidents in 2015, causing 35,092 deaths. This equals about 10.9 deaths per 100,000 people.

For each motor vehicle death, there are hundreds of more injuries – more than 2.5 million Americans visited emergency departments following car accidents in 2012, according to Data from the Centers for Disease Control and Prevention.

When we think of car accident causes, the so-called “biggies” come to mind –operating under the influence, distracted driving, unsafe conditions. But there’s another reason for car accidents that we don’t talk about enough, and that reason is vehicle defect.

Defining Defects

Like any other thing we own, cars can develop (or inherently have) defects. But unlike a defective smartwatch or phone, driving a defective vehicle can have disastrous consequences. It’s important to note that a vehicle defect may cause accidents and injury, despite a motorist’s efforts to reasonably maintain their vehicle. If faulty brakes cause an accident, it may be because of a vehicle defect – or it may be because the brakes weren’t properly maintained by the owner.

Types of Defects

There are two main types of vehicle defects: manufacturer defects and design defects. Let’s take a closer look at each.

Manufacturer Defect

A manufacturing defect is an error during the process of assembly. It is often an unintended consequence or mistaken departure from the vehicle’s intended design. A manufacturer defect only affects a subset of vehicles, such as a single model year. For example, a malfunction in assembly equipment in a manufacturing plant may result in a defect of a specific part, such as an acceleration system or fuel pump.

Design Defect

On the other hand, some defects are the result of an inherent flaw in design. As such, it affects an entire line of products. Design defects are not the result of a mistake in assembly or manufacture, but in the engineering of the product itself. For example, the company Takata made an airbag with a faulty design and accelerant, such that inflation of the airbag sends shrapnel flying from the airbag and into passengers. The Takata airbag recall has been one of the most comprehensive and systemic in recent history.

The design of a vehicle (and its parts) must comply with government safety standards. When it fails to do so, it automatically has a design defect.

Why Does the Distinction Matter?

Knowing if a vehicle has a design or manufacturer defect is important in terms of personal injury law. For example, tracing the roots of a vehicle defect will help inform the decision to file a claim against a party for damages. In general, a plaintiff may pursue a couple avenues for recourse:

If several parties have been affected by the same defective vehicle or part, they may be able to join their lawsuits together to expedite the legal process and receive a lump settlement. Courts refer to this as a mass tort action, or, more commonly, a class action lawsuit.

Plaintiffs generally seek personal injury claims to help pay for medical bills, final expenses, and intangible losses such as pain, suffering, or loss of consortium. If you have any questions about the personal injury claims process, consult with an attorney.

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What Should I Do After a Hit and Run?

Tue, 27 Dec 2016 23:46:00 GMT

Being involved in a car accident is stressful enough, even when both parties exchange insurance information. But what happens if you’ve been the victim of a hit and run?

Hit and run accidents are sadly more common than you might think. Evidence suggests the number of hit and run incidents are increasing.

According to a recent study from the National Highway Traffic Safety Administration, the number of fatal crashes from hit and runs is on the rise. In 2011, the last year the NHSTA collected data, the number rose to nearly 1500.

Overall, crashes decreased from 2006 to 2011, but fatal hit and run increased by nearly 14%. In some areas of the country, hit and runs are more common than others. For example, in certain areas of California, around half of all recorded accidents involve a driver who fled the scene.

I’ve Been In A Hit and Run? Now What?

Usually, when we’ve been in an accident, we check to make sure everyone is okay, call emergency services if necessary, and begin the claims process by exchanging insurance information. With hit and run accidents, the process is not so simple.

Immediately after a hit and run accident, your body will likely go into overdrive. You’ll be experiencing a lot of emotions: stress about getting your vehicle fixed and anger at the driver who fled the scene. But maintaining your cool is one the most important things you can do in a hit and run situation. Having a clear head increases your chances of catching the perpetrator, as well as increasing your chances of giving your instance company all the information they need to complete your claim.

Immediately After the Accident

In the moments right after the accident, gather as much information about the driver as you can, including make, model, and color of the vehicle he or she was driving. Obviously, having a plate number is best, but it can be hard to glean from a speeding car. Relay as much information as you can to the police officer.

Look around for witnesses and collect their contact information – names, numbers, and email addresses. They may become important to your case and you should be file them with your report.

Before leaving the accident scene, take pictures, of both the location and the damage to your car. You can request that the police add these to their report, and they will be useful to your insurance company.

Filing a Claim

Since you don’t have the other driver’s insurance information, you’ll have to enact your underinsured or uninsured portion of your auto policy. Most states have required minimums for coverage, but your insurance company may recommend more. Check with your insurance company for exact policy conditions. Keep in mind you’ll have to pay the deductible to cover the cost of repairs, unless the perpetrator is caught.

Filing a Police Report

In many municipalities throughout the metro Houston area, a policer officer will only report to an accident scene if there have been injuries. If you are involved in a hit and run in one of these areas, you’ll have to come down to the police station to file a report. Don’t neglect this step, even if you think the chances of finding the other driver are slim. Provide as many details as possible to aid law enforcement. Even if they don’t catch the perpetrator, having a police report on file will assist you with your insurance claim.

Drivers may flee the scene of an accident for a variety of reasons – because they were intoxicated, they didn’t have insurance, or they were simply immature. While none of this is fair to you, you can still take steps to help bring about a speedy resolution to your claim. Our Houston personal injury attorneys can help you seek justice.

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Car Seat Safety Tips

Tue, 20 Dec 2016 23:49:00 GMT

You took every precaution during pregnancy – you studiously avoided lunchmeat and soft cheeses, took your daily multivitamin with care and ate a variety of healthy foods to give your baby the best start in life. Now your bundle of joy is here, and it seems there’s no safer place than in your arms. But most parents feel the need to break the cycle of feedings and naps with outings eventually. Is your car seat offering the safest ride for your baby? Follow this car seat safety guide to ensure your little one is as safe in the car as they are at home.

Find a Rear-Facing Seat – And Keep It That Way

Today’s car seat market can be overwhelming – options run the gamut from infant seats to convertibles, forward facing seat to boosters. The safest place for your baby in the earliest months is a rear-facing infant seat. In fact, hospitals won’t let you go home without one. Keep your baby in a rear facing seat until he or she reaches the height or weight limit (in the case of infant seats, it’s often the former). You can find the height and weight limits on the back label of your car seat.

Once your tot outgrows the infant seat, consider purchasing a convertible car seat that you can use in a rear or forward facing position. The American Academy of Pediatrics used to say you could flip to a forward-facing position around the baby’s first birthday, but safety recommendations have changed. Now, they recommend keeping tots rear facing for as long as possible – at least until age 2, but even longer if they’ll tolerate it. Flip the seat once they reach the height or weight limit for rear-facing.

Install Your Seat Correctly

Car seats only work well if you install them correctly. Read the instruction manual thoroughly, and, if you’ve purchased a convertible car seat, make sure you’re following the appropriate set of instructions (rear-facing or forward-facing). Use the LATCH guides whenever possible.

A recent nationwide study by the National Highway Traffic Safety Administration found that as many as half of car seats are installed incorrectly. The most common mistakes were:

Buckle Up Safely

Another common mistake parents make is buckling their kids into the seat incorrectly. Ensure you buckle your baby in correctly by reading your car seat’s instruction manual. In general, buckle the baby tightly without any slack – if you can pinch the buckle fabric, it’s too loose. Position the front buckle at armpit level, and untwist the straps each time you take a ride. Finally, with cold weather upon us, consider dressing your baby in layers and removing bulky outerwear before strapping him or her into the seat. Heavy coats may make your buckles too loose to effectively protect your baby in the event of a crash.

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Car Safety Tips For Pregnant Women

Wed, 14 Dec 2016 23:44:00 GMT

Pregnancy brings a whirlwind of new changes and realities – women must watch what they eat and drink, monitor their exercise, and ensure they’re taking enough vitamins each day. All the sacrifices pregnant women make are for the same outcome: a healthy, thriving new family member.

While it’s one thing to say goodbye to sushi and wine for 10 months, most women understandably don’t give up driving during pregnancy. The Centers for Disease Control and Prevention estimates 32,800 pregnant women are involved in car crashes each year, and an advocacy group, SafetyBeltSafe U.S.A., says crashes are the leading cause of trauma or death during pregnancy.

Here is the good news: your belly provides a lot of the natural protection your baby needs to stay safe and healthy. The fluid surrounding your growing little one offers cushion and a safeguard against mild trauma. Still, there are precautions you can take to protect both yourself and the little one on the road. Take the following actions to reduce your risk of trauma on the road:

Buckle Up

Wearing a safety belt is the single most effective action you can take to prevent and reduce injury in vehicle accidents. For pregnant women, buckling considerations are different. The National Highway Traffic Safety Administration notes women should wear their safety belts buckled with the lap belt positioned under the belly and across the upper thighs, never constricting the belly or above it. The shoulder portion should run across the chest and rest on the collarbone. Pregnancy can be uncomfortable, but never put the shoulder strap behind you or neglect to buckle up.

Ride Shotgun

Now is a good time to let someone else take the wheel, for anything from prenatal appointments to trips to the grocery store. As you belly expands, the risk of your baby being injured from contact with the steering wheel increases. If you must drive, particularly later in pregnancy, position your belly as far away from the wheel as possible – 10 inches is ideal. If possible, use automatic adjustments to tilt your seat slightly away from the wheel in a downward facing position. Adjust your steering wheel so it’s slightly facing upward. This offers the safest positioning for your baby.

Exercise Appropriate Posture

When driving or riding in the front seat, sit with your back straight up against the back seat and resist the urge to lean forward. This will allow the airbag to function properly in the event of a crash and minimizes your forward momentum.

Minimize Distractions

Distracted driving isn’t safe for anyone behind a wheel – especially for pregnant women. When you’re driving around town, keep your mind on the task at hand. Resist the urge to check your phone by keeping it zipped into your purse and out of reach. If you need directions, write them out before you leave. If traveling with other youngsters, don’t reach into the back seat or twist around to talk to them – use the rearview mirror if necessary and tell them their requests can wait.

Avoid Long Trips If Possible

If possible, save the long road trips for after pregnancy. If traveling during the holidays, avoid peak travel times and take frequent breaks to walk and stretch your legs. Pack lots of snacks – even women who don’t have trouble with their blood sugar need to take in some amounts of food when pregnant. Take turns driving in shifts and take your time. Noting is more important than your safety.

In the event you’re involved in a car accident, seek immediate medical care at the nearest emergency room, even if you feel well. If you know you are going on a long trip, take extra precaution by having copies of any crucial medical needs. There’s never any harm in checking the safety of yourself and baby.

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Can I File a Claim for a Paintball-Related Injury?

Wed, 30 Nov 2016 21:52:00 GMT

Paintball, a popular game that simulates military combat using capsules of paint shot out of air guns, may be more dangerous than players realize. While millions of people around the globe enjoy paintball as a fun and exhilarating activity, the safety of the sport is heavily debated. The air guns shoot the dye-filled oil and gelatin paintballs at high speeds using compressed air. Paintballs can cause serious eye injuries, blinding, and even death. Most areas that offer regulated paintball matches require safety gear, such as protective face masks, but not everyone adheres to these rules.

The Dangers of Paintball

A statistics brief by the Healthcare Cost and Utilization Project found that on average 56 people visit the emergency room from air and paintball gun injuries every day. Males are five times more likely than females to visit the emergency room with these injuries. About 60% of these visits are children ages 17 and younger. The most common injuries from paintball and air guns are open wounds and superficial injuries, followed by eye disorders. The study found that injuries from air and paintball guns resemble those from conventional firearm pistols.

When projected from a paintball gun, the dye-filled pellets can travel up to 200 miles per hour. Paintballing often causes minor injuries such as bruising, cuts, and welts, as well as sports-related injuries such as sprains or shortness of breath. Serious eye injuries from paintball include painful bleeding in the eye (vitreous hemorrhages or hyphema), detached retinas, corneal abrasions, cataracts, and bruising and swelling of the retina (commotio retina). These eye problems are serious and can result in temporary or permanent blindness.

Paintball can also cause serious ear issues from being shot in the ear at close range. Paintballs shot dangerously near or in the ear can result in ruptured eardrums, ringing in the ear (tinnitus), permanent damage and disfigurement to outer ear cartilage (cauliflower ear), a concussion, and partial or total loss of hearing. In 2004, the U.S. Consumer Product Safety Commission (CPSC) issued a warning for paintball guns after two people died from being hit in the head by pressurized carbon dioxide cylinders from the guns.

Who Is Responsible for Paintball Injuries?

Paintball-related injuries can stem from a defective product, intentionally violent act from another player, or a paintball course owner’s negligence. Determining whether you can file a claim against a party for your paintball injury depends on the cause of your accident. If a defective or dangerous paintball gun, mask, or pellet caused your injury, you may have a case of product liability against the manufacturer or distributor. In one of the cases resulting in the CPSC warning, the husband of a woman who died sued the paintball gun manufacturers for the defect that caused the cylinder to pop off the gun and strike his wife.

If a person’s intentional act of violence, such as purposefully hitting you in the eye with the paintball, caused your injury, you may have an assault and battery personal injury claim . In this kind of case, you could seek compensation from the offender in an intentional tort case in civil court. In cases where a property owner or manager is responsible for your injuries, your case would take the shape of a premises liability lawsuit. The facility owner where you were playing regulated paintball may have ignored a dangerous condition that caused your accident or failed to provide the proper safety equipment to prevent a serious eye or ear injury.

The circumstances of your paintball-related injury will determine what type of personal injury claim you may make against a defendant. Talk to a local attorney about your injury to find out if you have grounds for a lawsuit.

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What Is Proximate Cause?

Wed, 30 Nov 2016 21:41:00 GMT

Throughout your personal injury case , you may come across the term “ proximate cause .” Proximate cause is, in essence, the primary cause of an injury. In a personal injury lawsuit, the plaintiff bears the burden of proof to show that the defendant’s actions or inactions were the proximate cause of injury. Understanding proximate cause and how it may come into play during your case can help you know how to best pursue your claim.

Defining Proximate Cause

A proximate, or legal, cause is an act from which an injury is the direct or natural consequence. Without proximate cause, the injury would not have occurred. The proximate cause of an injury doesn’t have to be the first event that sets a sequence into motion that eventually causes the injury – nor is the proximate cause always the thing that occurred closest in time or space to the injury. To be the proximate cause, an element only has to produce a foreseeable negative consequence.

To determine proximate cause, the court uses the “but for” rule, which asks whether the plaintiff would have been injured but for the defendant’s negligence. If the answer is no, the injury would not have occurred, the court can assign proximate cause. Proximate cause alone, however, is not enough to determine liability since a number of other factors could have also contributed to the accident. In most jurisdictions, the courts look at how substantial a defendant’s conduct was in producing the injury, and use this knowledge to determine liability.

Occasionally, there is an intervening cause that comes in between the defendant’s initial act of negligence and the plaintiff’s injuries. For example, a defendant may have inadequately trained his or her employees to work with heavy machinery. Due to inadequate training, an employee accidentally ran over and injured another employee. While the defendant did not directly cause the plaintiff’s injuries, the defendant’s inadequate training regime was still the proximate cause since it was the main, foreseeable reason for the accident.

Proximate Cause and Personal Injury Cases

The question of proximate cause is an important one in all personal injury lawsuits, since not every cause of an injury is legally liable. For example, an icy roadway may be the cause of a harmful car accident, but the accident victim cannot take the ice to court. Proximate cause is a way for the court to determine if it can hold the defendant liable for damages. Proximate cause deals largely with foreseeability – did the defendant know or reasonably should have known that his/her actions would result in injury? If so, then proximate cause exists.

Identifying whether a type of harm should have been foreseeable is possible by looking at whether the harm that occurred was likely under the circumstances. For example, a reasonable person can foresee that texting and driving can cause a harmful car accident. In the famous Palsgraf v. Long Island Railroad case of 1928, on the other hand, the courts held that there was no proximate cause.

In this case, two railroad workers helped pull a man onto a moving train. By doing so, the workers made the man drop a package of fireworks, which exploded and scared the crowd of people on the train platform. A woman injured because of the scare tried to sue the workers. Since the workers could not have reasonably foreseen that helping the man would cause Mrs. Palsgraf harm, however, the court dismissed her case for lack of proximate cause.

Proximate cause is one of the most important elements in proving a personal injury case. Without proof of proximate cause, a judge and jury cannot hold the defendant liable for injuries. Protect your rights by always trusting an experienced attorney to help you with your personal injury case in Houston.

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How Should I Collect Evidence for an Injury Claim?

Wed, 30 Nov 2016 21:30:00 GMT

All personal injury cases come down to evidence – evidence of your injuries, property damages, and of the responsible party’s negligence. Without evidence, there is no way to prove your claim or take home compensation for your injuries. After any type of accident resulting in injury, take it upon yourself to collect as much evidence as possible. You may not end up filing a claim, but if you do, you’ll be glad you laid the groundwork.

Do as Much as Possible at the Scene

The best-case scenario is to gather evidence at the scene of the accident. If you suffered great property damage but not severe injuries, you can likely collect information yourself. Take photos of the accident, including damage to vehicles involved and personal injuries. Photos should include any abrasions or contusions on your body, damaged clothing, the scene of the accident, and what caused your injury. If you don’t have a timestamp on your camera, record the date of each photo on your own.

Obtain relevant information from any other party involved. In a car accident , this may be the other driver, passengers, pedestrians, and witnesses. Gather their names and phone numbers. Get a photo of the other driver’s license and vehicle plates. In a premises liability case, get the information of staff members involved. In a workplace accident , record which coworkers were there when you sustained an injury. The more information you can get from those around you at the time of the accident, the better your chances are of convincing the judge of what happened.

In many cases, it’s impossible to gather evidence at the scene of the accident. You may have extensive injuries and have to leave in an ambulance. You may be unconscious. If you cannot gather evidence at the scene of your accident, do so as soon as possible. Return to the scene and photograph the street or location of your accident. Contact people who were there when the accident happened and record their statements. Do as much as you can after the fact to strengthen your case.

Keep your medical records relating to your injuries, including paramedic reports, emergency room charts, and the results of any tests. Keep a copy of the treatment plan from your doctor and proof that you have stuck to it. Also get a copy of the official police report. Official documents serve as important hard evidence of your damages and injuries.

Keep Physical Evidence Organized

As you gather evidence for your case, it can start to pile up and become a disorganized mess. Prevent this from happening by organizing your evidence into groups. Keep a file or binder specifically for your case, with separate folders for injury evidence, witness statements, photographs, police and incident reports, clothing from the accident, public records, and your own account of the accident. Keeping your evidence carefully organized can help your attorney and other professionals involved in your case find necessary documents without incident.

Prevent Evidence Spoliation

In some cases, an at-fault party will destroy evidence to protect him or herself from liability. To prevent this evidence spoliation, seek the help of an attorney immediately following an accident. An attorney can send a letter to the defendant preventing this from happening. A spoliation letter notifies the at-fault party of the pending claim and makes it harder for them to cover up purposefully destroyed evidence. If the defendant does destroy evidence, your attorney can file a spoliation motion if your case goes to trial.

An attorney can help you collect information to support your personal injury claim, but these are things you can do directly following an accident to improve your chances of securing a settlement.

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Theme Park Safety Tips

Tue, 29 Nov 2016 23:47:00 GMT

Theme parks are wonderful to relax, unwind, and have fun with the whole family. Unfortunately, theme parks also have a host of potential hazards that can bring your vacation to an abrupt halt. If you plan on taking your kids to a theme park during Thanksgiving or winter break this year, read up on ways to stay safe.

Dress for Success

Before you hit FUNPLEX, Six Flags, or Wet ‘n’ Wild SplashTown this season, check the weather. The winter temperatures in Texas can be unpredictable, reaching lows in the 50s and highs in 80s within the same week. Spending the entire day out in the elements will only be a success if you properly prepare for the weather. Sunscreen will protect from sunburn and sun poisoning if there will be lots of sunshine, and sweaters and scarves will keep your family warm and protected from windburn if chilly temperatures are in the forecast. Wear comfortable, weather appropriate clothes to ensure your physical health.

Be Aware of Your Surroundings

Many theme park injuries are the result of excited patrons failing to pay attention to their surroundings. Simple collisions with other park goers can result in injuries that may ruin your day. Watch out for small children and strollers, as well as people walking closely around you. Don’t run, no matter how excited you are to jump in line at the next ride. Running can easily lead to a harmful trip and fall accident or collision. If you need to stop, move out of the way of traffic to do so. Don’t stop abruptly while other people are moving around you.

Don’t Venture Into Employee-Only Zones

Zones marked “Restricted” or “Employees Only” aren’t there to keep you out of something fun – they’re there to protect you. Don’t be a daredevil. Stay away from these areas, and never climb or hop fences. If you drop a personal belonging in restricted areas, ask a park employee to retrieve it for you. Often, restricted areas at theme parks are where there are dangerous moving parts and heavy machinery that operate the roller coasters. Falling into this equipment can result in serious injury or death.

Know Your Limits

Many rides have cautionary signs listing dangers for certain people, such as those who are pregnant, prone to strokes or motion sickness, have heart conditions, or pain in your neck or back. Pay attention to these signs and take them seriously. Ignoring these warnings could result in serious or worsened injuries. Many theme park injuries are the result of undiagnosed medical conditions. Go for your annual checkup (and bring the kids) before you visit a theme park. If you aren’t feeling well, trust your body and sit this one out.

Don’t Cheat the System

Rides that have height, size, or weight restrictions do so for crucial safety reasons. Ignoring the rules or “cheating” by making yourself appear taller can endanger your life. You may think you – or your child – are brave enough for the ride, but it doesn’t come down to courage when a harness is too wide to keep you or your little one in the ride. The creators of the ride know more about than you do – trust them and obey the rules.

Prevent Head and Brain Injuries

Many rides can whip your head and neck around violently, causing headaches or worse injuries like concussions or traumatic brain injury . This is especially a concern regarding children. During rides, don’t slouch or lean to the side. Stay in the center of your seat with your head pressed against the back of the seat, if there is one. Relax your torso to keep your head centered and upright throughout the ride. Help your children do the same. If a ride looks like it whips the riders back and forth too violently, consider taking a rain check.

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What Are Concurrent Causes? How Can This Affect My Personal Injury Case?

Tue, 29 Nov 2016 23:43:00 GMT

During your time pursuing a personal injury case with multiple causes, you may hear the phrase “concurrent causes.” Attorneys use this term when describing injuries or damages that occur from more than one cause. Many concurrent cause cases involve property insurance companies that do not cover both causes. Concurrent causes can affect personal injury cases when more than one element or person caused your injuries.

The legal doctrine of concurrent causation often comes into play after major disasters, such as hurricanes or tornadoes. In these cases, insurance policies may prevent payouts under one circumstance, but they have to pay for others. For example, there was concurrent causation after Hurricane Katrina, when insurance policies didn’t have to pay for flooding, but they were responsible for payouts for faulty city levees. In other cases, concurrent causation complicates personal injury claims, such as if you have a pre-existing condition your insurance policy doesn’t cover.

Understanding Concurrent Causes in Texas

The doctrine of concurrent causation came from decisions courts in California made in the 1970s and 1980s. As a result of these decisions, many property insurers revised their policy to include anti-concurrent causation clauses to protect them from these types of cases. When insurance policies cover one cause of your injury but not another, it can be difficult to know if your policy will cover or exclude your losses.

Concurrent causation holds that when two causes contribute toward a loss, where insurance policies cover one and not the other, the insurance company must cover the loss. Insurance contracts with specific or named perils coverage are exceptions to this rule. Concurrent causation provisions apply only to insurance policies with “all risks” or “open perils.” These policies cover losses by any cause that is not directly stated on the excluded list. Typically, commercial policies exclude perils such as flooding and earth movement.

Have an attorney review your policy if you receive a denial letter from your insurance company regarding your personal injury claim when you thought your property suffered a covered loss. Denials regarding medical issues require a second or even third professional opinion. It may be in your best interest to have your insurance company review your property claim a second time. It’s possible your insurance representative overlooked something in your policy.

Concurrent Causation in Personal Injury Cases

In a personal injury case, you may run into concurrent causes when dealing with two reasons for injury. For example, if you try to sue for medical malpractice but a pre-existing health condition also contributed to the extent of your injuries, the court might involve the rules of concurrent causation. Concurrent causation can hold the defendant responsible for the entirety of your injuries despite a pre-existing or concurrent condition. Whether more than one cause will limit a defendant’s liability depends on the circumstances of your accident.

In cases with more than one cause, a defendant might be liable based on the substantial factor test. In cases where the negligence of each factor could have caused the injury by itself, the defendant is liable for causing the entire harm. This is similar to how, in terms of an insurance policy, the insurer must cover your losses if the factor the policy covers is enough to have caused your entire injury.

Speak With an Attorney

There are many factors and tests an attorney can review for holding a defendant responsible despite multiple causes of injury. Due to many exceptions, loopholes, and changed insurance policies, it’s difficult to understand how more than one cause may affect your personal injury claim without speaking to an attorney. Cases with more than one cause are complex and require a knowledgeable attorney navigate them.

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I Was Injured During a Black Friday Sale. Who Is Responsible?

Tue, 22 Nov 2016 23:41:00 GMT

Black Friday, the day after Thanksgiving, is a day full of crushing crowds, frenzied customers, and hazardous shopping conditions. Thousands of consumers wait all year to purchase certain items on Black Friday, when product prices plummet to all-time lows. As discounts and deals have grown in measure, so has the chaos surrounding this “holiday.” If you suffered an injury while Black Friday shopping, as a consumer or an employee, you aren’t alone. Pursue your rights by understanding who may be legally responsible for your injuries.

Black Friday Risks and Employer Responsibilities

During a massive sales event like Black Friday, there are several prominent hazards for shoppers and employees. There are risks such as getting trampled by the massive crowd, people blocking emergency exits, and of acts of violence. People may find themselves pushed, pulled, or “sucked in” by the crowd, unable to protect themselves from battling customers. On top of the risks that come with large crowds, there are also regular property hazards such as spills and uneven curbs. During Black Friday, employers must take extra safety measures.

As a day when stores see such heavy influxes in foot traffic, many storeowners may not be prepared to safely control operations. The death of a Walmart worker in 2008 after being trampled by a crowd of nearly 2,000 people on Black Friday is one example of how out-of-control this day of the year can be. Many storeowners, managers, and employers simply don’t take the proper measures to ensure employee and shopper safety under such hectic conditions. Even the police officers on this tragic night said that dealing with such a crowd wasn’t in their job descriptions.

Today, the U.S. Occupational Safety and Health Administration (OSHA) requires retail employers to take certain safety precautions to prevent injury during major sales events. These measures serve to protect shoppers and employees during times of increased traffic flow, especially at events such as Black Friday. OSHA’s guidelines for a crowd management plan include:

It’s an employer’s responsibility to provide a safe work environment for employees. It’s a building owner’s responsibility to provide a safe premises for visiting shoppers. If either of these entities negligently fails in these duties resulting in a Black Friday injury, the injured party may have grounds for a lawsuit.

Do You Have a Case for Your Black Friday Injury?

If you suffered an injury while Black Friday shopping, contact an attorney to discuss whether you have the option of bringing a civil claim. An attorney can investigate the cause of your accident and give you a professional opinion. If you can prove that an employer broke OSHA’s guidelines for crowd management during Black Friday or that a property owner negligently failed to repair a known hazard, you likely can file a claim. Both of these incidents can constitute negligence in the eyes of the law.

Filing a lawsuit against the responsible party can result in compensation for your medical bills, physical injuries, emotional pain and suffering, lost wages due to your injuries, and temporary or permanent disability. If your Black Friday shopping excursion turned into tragedy because of a negligent person or company, don’t delay in speaking with a lawyer to determine your legal recourse.

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How Do I File a Food Poisoning Lawsuit?

Wed, 26 Oct 2016 22:40:00 GMT

At least a few times each year, a high-profile food poisoning or food-related illness seems to make headlines in America. The Chipotle E. coli crisis of 2015 is one notorious example, in which hundreds of customers were ill and 43 Chipotle locations shut down. The media doesn’t publicize all cases of food poisoning to such a degree, but that doesn’t mean they don’t significantly harm the victims. If you’re interested in filing a class action or individual lawsuit against an entity for food poisoning injury, here’s what you need to know.

Contact a Personal Injury Attorney

The first and most important step in filing a food poisoning lawsuit in Texas is to contact a personal injury attorney . An attorney will listen to the details of your case and determine whether you have grounds for a lawsuit. If you do have a case, the attorney will name the defendant(s), write and file a claim for you, and walk you through the claims process. The defendant will have a certain period of time to answer your claim, after which the discovery phase will commence.

During discovery, both parties will find out as much as possible about the alleged food poisoning. Your attorney will keep you informed throughout the process, building your case accordingly. Proving liability in food poisoning cases takes an investigation into the circumstances of your illness, the producer of the product in question, and if there are any similar complaints against the same company.

Learn How to Prove Liability in Food Poisoning Cases

If food poisoning has made you ill, the circumstances of your case will affect how easy it will be to make a claim. A government-issued food recall due to an outbreak of food poisoning would make pinpointing the source of your illness easy to prove. An individual case, however, with time delays between food consumption and the onset of sickness, will be more difficult. Proving a certain food caused your illness requires a plaintiff to show two main elements:

Proving these two main elements is possible with scientific testing of the food you ate and/or analysis of a stool sample specifically for food poisoning. Scientific evidence will greatly strengthen your case, especially if there is no government health agency warning. If an agency has already traced an illness back to a certain food, you only need to prove that you consumed this food and it caused your illness.

Understand the Three Theories of Liability

There are three theories of liability that may come into play during a food poisoning case, all of which relate to the broader category of product liability: strict product liability, negligence, and breach of warranty. Under the laws of product liability in Texas, you don’t have to show how a food manufacturer or distributer was negligent, nor do you need to know what contaminated the food. You only need evidence of the contamination and proof that it caused your illness.

You may instead base your case on negligence if you can prove the defendant was careless in the manufacturing or supplying of the contaminated product that made you sick. If you can prove the defendant failed to exercise reasonable care during production, such as failing to enforce worker sanitation rules, your food poisoning case may succeed under the theory of negligence.

An attorney may also use the theory of breach of warranty to support your claim. In this case, the manufacturer or distributor had a legal duty to abide by minimum quality standards and failed to do so. The minimum expected standards are implied warranties, and the contamination of a food product is a breach of this warranty. Thus, the victim may have a case on these grounds depending on the circumstances.

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What Is False Imprisonment?

Fri, 21 Oct 2016 22:34:00 GMT

Part of being an American citizen is the right to personal freedom. Each individual has the legal right to move freely and without fear of harm. When someone unlawfully restrains another person against his or her will, the law refers to it as “false imprisonment.” The perpetrator may be an unauthorized person or a law enforcement officer. The who doesn’t matter – any person who intentionally restricts someone’s freedom of movement without legal justification or consent is liable for false imprisonment. It’s the why that matters most in false imprisonment cases.

Elements of a Successful False Imprisonment Claim

The main element in a false imprisonment claim is that the restriction of freedom was unlawful. The perpetrator must have no legal authority, no justification, and/or no consent for the detainment. A similar concept, “false arrest,” occurs when one person arrests another without the legal authority to do so. The moment the perpetrator takes the victim into custody, it becomes false imprisonment. The three elements of a false imprisonment claim are:

Proving false imprisonment requires the plaintiff to prove all three elements. Plaintiffs must have evidence that they reasonably believed in their confinement. The court determines “reasonable belief” by determining what a reasonable and prudent person would believe in the same circumstances. The plaintiff must also prove the defendant had no justifiable reason for the confinement.

Types and Examples of False Imprisonment

There are many forms of false imprisonment, from a robber telling nobody to move during a bank heist to locking another person in a room without the person’s permission. This crime may or may not include physical contact. Grabbing and holding someone so they cannot leave is false imprisonment, but so is threatening bodily harm if the person leaves. False imprisonment can happen anywhere – in an alley, a grocery store, or in one’s own home.

Examples of false imprisonment include a storeowner detaining you for an unreasonable amount of time because of personal bias, such as how you look or dress. Another example is a person holding something you value, without your consent, with the intent to make you remain in a certain place. Even an authority, such as a police officer, may be guilty of false imprisonment if he or she holds you against your will without justification.

Examples of what circumstances do not constitute false imprisonment are if someone grabs you but you know you can break free without fear of retaliation or someone who detains you for questioning based on a reasonable suspicion that you committed a crime. You could not sue for false imprisonment just because a judge found you innocent, for example. A defendant may use defenses, such as you gave your voluntarily consent to the confinement, or that he or she had reason to believe you committed a crime.

Outcomes of False Imprisonment Cases

False imprisonment is a civil infraction and a crime in Texas, punishable by jail time and hefty fines. If a false imprisonment case leads to a felony case, such as may be the case with threats of violence or false imprisonment of a minor, the convicted party can serve 20 or more years in prison and pay fines exceeding $10,000. Misdemeanor cases typically result in up to one year in jail and/or a fine of up to $1,000.

False imprisonment can be a terrifying and traumatic experience for victims, who can suffer significant psychological damages. Successful false imprisonment cases can grant the plaintiff compensation for emotional distress and mental anguish, as well as any physical injuries. If the plaintiff has to go through therapy to cope with the experience, the defendant will have to pay for these services as well.

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When Is a Nursing Home Liable for an Injury?

Wed, 19 Oct 2016 22:23:00 GMT

The nursing home setting is no stranger to instances of mistreatment. Every year, millions of nursing home residents are victims of horrendous abuse and neglect from employees, facility owners, and third-parties. From malnutrition to mental abuse, elderly residents are at risk of a wide range of traumatic events at the hands of negligent and abusive professionals. If your elderly loved one has suffered physical or psychological injury in a nursing home, find out who may be liable.

Identify the Source and Cause of Resident Injury

The first step toward discovering who is liable for nursing home injury is investigating the source of the injury. Tracing an injury back to its root cause will clarify who could be at fault. For example, a resident developing bedsores points to negligence on the part of the personnel in charge of the resident’s daily hygiene and care. A case of malnutrition, on the other hand, is more likely the facility’s fault for failing to provide proper meals to residents.

In most cases, Texas courts will hold a nursing home facility strictly liable for the actions or inactions of its staff members. An employer or manager has a duty to provide a reasonably safe environment for residents, properly train workers, and address resident needs. The court might hold a nursing home liable for an injury in cases involving:

In each of these situations, the nursing home would be at fault for resultant personal injuries. The law requires a nursing home or elderly care facility to uphold standards for the mental, physical, and psychosocial wellbeing of residents. Any shortcoming, breach of duty, or intentional harm that leads to a nursing home or its staff failing this legal duty is grounds for a personal injury lawsuit against the facility. If a plaintiff can show that a nursing home’s negligence played a role in a resident’s injury, the court may hold the facility liable for all consequent damages.

Third-Party Responsibility

There are several types of nursing home abuse and neglect that may stem from third-party negligence. A defective piece of medical equipment, for example, would lead to third-party liability for patient injury instead of the nursing home. Common third-parties involved in nursing home injury cases are staff members, outside contractors, manufacturing companies, and visitors. In some cases, naming the defendant can be difficult. A case of food poisoning, for instance, might result from negligent nursing home kitchen sanitation or a defect from the food supplier. Hiring a nursing home abuse attorney is the best way to investigate an injury and identify the correct defendant(s).

There have been cases of elderly financial abuse in Texas that involve visitors or trespassers to the nursing home. A family “friend” or neighbor may hear of a wealthy elderly resident and visit the nursing home to conduct fraud. The visitor might threaten or abuse the resident until the perpetrator gets what he or she wants – bank account information, a blank check, or a changed last will and testament. In this case, the nursing home may be responsible for negligent security or the individual is liable for abuse.

If you suspect nursing home abuse, take your loved one out of the facility immediately. Report the incident to the police, explaining why you suspect abuse or neglect. Then, call an attorney to assist you in investigating the injury and identifying the party that might be liable.

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Should I Take Pictures After a Car Crash?

Fri, 14 Oct 2016 22:07:00 GMT

Thanks to modern mobile technologies, everyone can have a high-definition camera in his or her pocket. Knowing when to use this camera can mean the difference between having sufficient supportive evidence in a personal injury case and being unable to remember the fuzzy details. Car accidents can be traumatic and confusing, coming back as a haze to injured parties. Instead of relying on your memory for vital details regarding your accident, capture solid proof with the click of a button.

Car Accident Photos as Evidence

The adage “a picture is worth a thousand words” is never truer than in a personal injury case . An accident victim with photographic evidence supporting his or her claims has a much stronger chance of securing a settlement than someone making assertions based on memories or witness accounts. Humans are prone to error – a photograph is not. After a car crash, there may be dozens of allegations thrown around – who was at fault, who wasn’t paying attention, who had the right-of-way. Taking photos of your accident can help lay these questions to rest.

Unlike eyewitness accounts or even expert testimony, photographs are not open to interpretation. They are accurate representations of what actually happened, not assertions based on memory. You may not know whether you’ll need car accident photos to prove liability later. Thus, it’s best to have the photos and not need them than need them and not have them. Once police clear the accident away, you may lose pieces of evidence forever.

When an attorney investigates your accident to evaluate whether you have grounds for a lawsuit, he or she will study photographs from the scene of the accident for clues into how and why the crash occurred. Photographs can depict the exact locations of the vehicles, where each sustained damage, and more. An attorney will also use your personal account of the crash, but victims of accidents often overlook important details in the traumatic aftermath of the event. Photographs eliminate the possibility of inaccurately recalled circumstances, placing hard evidence in the hands of someone who knows how to use it to its full potential.

How to Take Accident Photos

Now that you know why pictures of accidents are so important, learn a few tips on how to take them. While any photographic evidence is better than none, taking photos of the right things at the scene of the crash can make or break your case. Knowing what to photograph requires an understanding of what accident scene photographs should accomplish:

These three elements are at the heart of why it’s crucial to photograph accident scenes. Keeping goals in mind will help you know what to photograph, but it’s best practice to take as many photos as possible. Start by photographing the entire accident scene, with wide-angle shots of the general details. Photograph all other vehicles involved in the crash, documenting their locations, positions, and proximity to one another. Take photos of traffic elements such as stoplights, signs, and intersections.

Take a few photos of the weather conditions at the time of the accident. Wet and icy roads can cause an accident but so can bright sunshine. No matter what kind of weather you see, photograph it as evidence. Take multiple shots of property damage up-close, capturing a clear image. Get photos of other people involved in the accident, as well as their driver’s licenses and plates. Photograph witnesses to the scene and responding police officers. Finally, photograph any personal injuries. The more photos you take at an accident scene, the better the chances are of proving your case.

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What Are Common Elevator/Escalator Injuries and How Can They Be Prevented?

Wed, 12 Oct 2016 22:50:00 GMT

Elevators and escalators pose a slew of potential hazards to visitors. From malfunctioning electrical equipment to loose elevator carpeting, property owner negligence can lead to any number of dangerous conditions. Texas premises liability laws protect citizens in these situations with standards of care the law imposes on property owners. When property owners fail in these duties, they invite a variety of liability issues. Learn the most common elevator and escalator injuries and how to prevent them.

Slip, Trip, and Fall Injuries

The most common elevator and escalator accidents involve slips, trips, and falls. The elderly are especially at risk of elevator injuries, with more than 2,600 older adults visiting emergency rooms every year for this reason. More than half (51%) of these visits result from slip, trip, and fall accidents. Escalators also pose a threat to the elderly, who often have balance or vision issues that make escalators dangerous.

Slip, trip, and fall accidents are a preventable type of injury. While in many cases the injured party might be partially responsible for failing to recognize a hazard, negligent property owners are often the root cause of these accidents. Lack of proper signage warning people of slip, trip, and fall hazards such as wet floors or dangerous elevator thresholds contributes to the number of unsuspecting citizens suffering injury. Another example of negligence that could lead to a slip, trip, and fall injury is failure to properly maintain escalator and elevator equipment. An escalator coming to an abrupt halt, for instance, could make users fall down the staircase.

Common slip, trip, and fall injuries include bruises, sprains, and fractures. In severe accidents or those involving the vulnerable elderly, these injuries could be life threatening. A skull fracture and brain injury, for example, could lead to coma and death . Property owners can prevent slip, trip, and fall escalator and elevator injuries by training employees to react swiftly to spills, posting signs warning users of known hazards, and maintaining equipment regularly.

Caught In or Between Injuries

Escalators and elevators have large moving parts that pose a threat of caught in or between injuries, such as crush injuries and amputations. About one-third of elevator-related injuries result from the elevator door closing on a user. Individuals in a hurry may stick their arms or legs in an elevator door to prevent it from closing. Unfortunately, this can lead to harmful caught in or between injuries.

More than 120 billion people use elevators each year in the United States. Owners of properties with elevators have a duty to protect each individual who enters the elevator. Crush injuries and amputations related to elevators often result from the user sticking a limb in the closing doors. Escalators also pose a caught in or between risk at the points of entrance and exit. A poorly maintained escalator may have a worn belt or dangerous gap between the moving parts and the walking surface. Property owners can help prevent these accidents by painting the entrance and exit a bright color.

Defendants commonly argue that an injured party should have paid more attention to his or her surroundings. In Texas, an injured party can still receive compensation even if he or she was partially at fault for an elevator or escalator accident. Texas’ modified comparative negligence rules allow a party to take home a partial award as long as the court finds him or her less than 51% responsible. This is important as many premises liability accidents are partially the fault of the plaintiff.

Elevator and escalator accidents can be incredibly traumatic, both physically and psychologically. Users, especially the elderly, may never fully recover from injuries they sustain in elevator or escalator accidents. Property owners can prevent most of these harmful accidents with the proper care.

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How Can I Prevent Rollover Accidents?

Tue, 30 Aug 2016 22:28:00 GMT

All vehicles are capable of rollover accidents, but some are more likely to roll over than others are. SUVs, trucks, and other vehicles with high centers of gravity are usually associated with injurious rollover accidents. These accidents often include only one vehicle and serve as the cause of serious injuries or death.

Whether you drive a vehicle with a high risk for rollover accidents or a relatively safe vehicle, you can take steps to reduce your risk of an accident. Here are some of the most useful tips for preventing rollover accidents:

Single- and multiple-vehicle accidents involving rollovers are scary, and many are preventable. As a driver, you can reduce the risk of incidents and fatalities significantly. However, a driver isn’t always responsible for a rollover accident. Vehicle manufacturers may also bear liability. If you’re a driver or a passenger in a vehicle rollover case, reach out to a personal injury attorney to learn more.

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Who Is Liable if I Suffer an Injury at a Gym?

Fri, 26 Aug 2016 22:35:00 GMT

When you head out to the gym for your workout, you may not think about injury liability until you suffer an avoidable accident. The liability waiver you sign when you pay for your gym membership may prevent you from pursuing some claims for compensation, but you may still have a personal injury case against the gym or an equipment manufacturer.

Liability and Gym Memberships

Depending on the circumstances, you may have a personal injury case. The following individuals may face liability for the damages:

Unless you know your own carelessness contributed to the incident, consider talking to a personal injury attorney about any injuries you sustain in a gym environment. The gym itself isn’t the only potential defendant in a personal injury case, and you deserve fair compensation after suffering a preventable injury in a gym environment.

Liability Waivers and Gym Injuries

Many gym-goers assume that a liability waiver will prevent them from pursuing any action against a gym or other party. This isn’t true. Liability waivers may prevent you from taking some actions, but they don’t completely protect gyms from personal injury liability. Some waivers don’t contain legally binding language, and no waiver protects a gym establishment from liability for acts of gross negligence. Depending on the incident, you may have an opportunity to challenge the validity of a waiver if your case goes to court.

Do read the full gym liability waiver and ask questions if you aren’t sure about the contents of the waiver. Many front desk personnel may try to bury a liability waiver among other documents you must sign when you apply for membership. Don’t be afraid to look for potential problems with the waiver, and refrain from signing until you do more research. Keep a copy of all of the documents you sign in the event you do suffer an injury.

What to Do After a Gym-Related Injury

After an injury at the gym, inform the manager on duty about your situation and seek medical attention immediately. Try to record the names of any witnesses. Keep all medical records associated with your treatment, and discuss your case with an experienced Houston personal injury attorney as soon as possible. You may be able to seek compensation after suffering from a serious gym injury.

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An Athlete Injured Me at a Sporting Event. Can I Take Legal Action?

Tue, 23 Aug 2016 22:46:00 GMT

When you attend a sporting event as a spectator, you probably aren’t thinking about the risks of sustaining a sports-related injury. However, a wayward ball, an airborne vehicle, or an athlete could potentially contribute to a sideline injury. If this happens to you or someone you know, here’s what you should understand.

Liability and Sporting Event Safety

When you attend a baseball game, stand on a golf course green, or head over to a racing speedway, you accept a certain level of risk. Venue operators and teams can only do so much to protect the visitors who come to watch a sport. As long as they provide reasonable protections for spectators, they aren’t liable for any injuries sustained during the event.

Some sporting event injuries are completely preventable. Depending on the circumstances of the incident, an injured spectator may have a personal injury case against a venue, an individual athlete, or a team. For example, hockey can be a physically aggressive sport. Common safety measures involve adding a clear retaining wall and netting around the rink to prevent pucks from flying into the stands and sticks/players from harming front-row spectators. A spectator may have the opportunity to recover compensation after an injury if the venue operators failed to use the appropriate safety netting/glass or repair damaged areas adequately.

In limited cases, an athlete may bear responsibility for a spectator’s injury. Athletes who engage in typical activities associated with a sport typically won’t face liability for any resulting injuries that occur. If, however, an athlete behaves aggressively or fails to act according to the rules of the game, you can hold him or her accountable for any injuries.

Investigating a Sporting Event Injury

After any sporting event injury, venue operators, sports leagues, and individual teams may undertake investigations to determine the cause of the accident and any liability issues. If you suffer an injury at a sporting event, reach out to a personal injury attorney to learn more about your ability to pursue a legal claim. In cases of serious injury or death, you may have a case against one or more parties associated with the event.

Each case is different and requires scrutiny. You may not have a case if an athlete or someone in the stands throws peanut shells on you and causes an allergic reaction, because you should reasonably know that certain sporting venues sell peanuts. On the other hand, you may have a case if a baseball player gets mad and throws a bat into the stands out of anger, causing a serious injury.

The assumption of risk at sporting events isn’t an umbrella protecting all sports venues, safety equipment manufacturers, and teams from legal liability. An experienced attorney will look at all of the facts of a case and help you determine if moving forward with legal action makes sense. In addition to holding someone legally responsible, your case may change the way sports leagues, arenas, and stadiums protect spectators in the future.

Staying Safe at Sporting Events

While you can’t protect yourself from unexpected mishaps at a sporting event, you can take steps to reduce the risk of an injury. Choose seats behind protective barriers and away from sections too close to the action. Keep your attention on the game to prevent hits from errant balls striking you, and ask for a different seat if you have concerns about the safety of your current seat.

After a spectator injury, always seek medical care and discuss your rights with an experienced personal injury attorney. You may have an opportunity to secure compensation for all medical costs associated with your injury as well as compensation for losses from time out of work and your ability to earn future income. If an athlete or improper safety precautions expose you to an unreasonable risk and you suffer a serious injury, you deserve fair compensation.

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How Can Improper Anchoring Contribute to an Accident?

Thu, 18 Aug 2016 22:51:00 GMT

In 2009, an investigation into a high-profile boating accident in the Gulf of Mexico discovered that the boat capsized because the operator anchored it improperly and then failed to use appropriate care when trying to retrieve the anchor. Instead of working with the anchor line, the operator decided to gun the engine to try to force the anchor up. Instead, the boat flipped and tossed all occupants into the water. The incident resulted in three passenger deaths, including two NFL players. Only one individual survived.

Improper anchoring includes any incident in which a vessel captain fails to use the proper technique when setting and retrieving an anchor. In many cases, including the fatal 2009 incident, inexperience and a lack of care contribute to such mishaps.

Improper Anchoring Accident Causes

In addition to making reckless decisions during anchor retrieval, other improper anchoring habits can contribute to boating accidents . Consider some of the most common anchor-related incidents:

However, only experienced boaters should attempt any motoring techniques, as they can result in serious accidents if improperly handled. Those unpracticed in anchor retrieval methods may need to add a float to the anchor line and try again later or cut the line and leave it.

Avoiding Anchor-Related Boat Accidents

If you’re on the water as a vessel operator, you’re responsible for using good boating practices from the moment you pull off the trailer and away from the dock until you and all your passengers disembark. If you fail to use reasonable care while operating a vessel and an accident occurs, you could face liability for any resulting property damage and personal injuries .

Vessel operators can easily find boating safety and information courses online and in local water recreation areas. Take the time to learn proper boating safety before you take a boat out in the ocean, on a lake, or down a river. Use extreme caution and avoid unsafe boating habits, such as drinking and operating a vessel.

We Can Help

Most boating accidents, particularly those involving improper anchoring, are highly preventable. If you suffer an injury during a boating accident, discuss your legal rights with a qualified personal injury attorney.

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I Hit a Motorcycle While It Was Lane Splitting. Who Is at Fault?

Tue, 16 Aug 2016 22:23:00 GMT

Many motorcyclists advocate for a practice called lane splitting, in which motorcyclists pass vehicles in between two lanes of traffic. In California, this is legal. In other states, however, lane splitting is either expressly prohibited or unaddressed. Here in Texas, the laws currently don’t address the matter, leaving many lane splitting cases in a gray area.

A couple of proposed bills in the state legislature in 2015 ( HB 813 and SB 442 ) addressed the possibility of legalizing the practice for slow-moving traffic situations, but they weren’t addressed before the session closed. As of today, some motorcyclists choose to lane split despite the lack of legislation. Motorists aren’t always prepared to watch for motorcycles that stray from their lanes, and accidents with motorcycles present some interesting liability questions.

Liability in Lane-Splitting Accident Cases

Under current Texas laws, an officer can pull over a motorcyclist for lane splitting and hand out a citation for reckless driving or a similar infraction. All current vehicle laws apply to motorcyclists. They’re responsible for passing in appropriate locations and driving within one lane (except in limited circumstances, including when avoiding hazards or following construction signs). If a motorcyclist chooses to lane split and has an accident, he or she will share at least part of the fault.

Texas follows a modified comparative fault rule, meaning individuals can obtain accident damages if their responsibility for an accident is less than or equal to 50%. Every accident case requires a case-by-case analysis. While you may automatically assume the motorcyclist was in the wrong, a motorist may bear more responsibility depending on the circumstances. For instance, if you (the motorist) were driving under the influence when the accident took place, the courts may rule that you were more at fault than the lane-splitting motorcyclist was.

Since lane splitting is such a gray area in Texas, both parties may require strong legal representation to prove liability. Accident circumstances, location, and injuries may all affect the outcome of each case, and anyone who drives recklessly or breaks a known traffic law may face legal accountability.

How Dangerous Is Lane Splitting?

From a research perspective, a report from the University of California, Berkeley, on motorcycle lane splitting from 2015 discovered that the practice isn’t as dangerous as many people believe. At low speeds and in highly congested areas, lane splitting doesn’t affect the rate of collisions. Motorcyclists only increase the risk of accidents if they travel at high speeds and motorists try to change lanes without seeing the motorcycle.

Many motorcyclists in Texas use this information and other safe riding analyses to advocate for lane-splitting legalization. Studies such as the one from Berkeley can affect a court’s opinion regarding fault. For instance, an experienced and safe motorcyclist may not bear as much accountability as the driver who causes the accident.

Avoiding Lane-Splitting Accidents

For now, we can only advise all motorists and motorcyclists to use caution on the roads. Motorcyclists may want to avoid lane splitting in Texas until the legislature makes a decision about the legality of the practice. If you choose to lane split in certain areas, do so only at low speeds—and watch out for motorists’ blind spots.

Motorists in congested areas should always look for lane-splitting motorcyclists and change lanes slowly in high-traffic thoroughfares. You may not agree with the practice of lane splitting, but avoid trying to cut off or startle a lane-splitting motorcyclist. Doing so may increase your liability in the event of an accident.

Lane-splitting practices and current transportation laws can be incredibly confusing, and they may soon change. If you suffer an injury in an accident that involves lane splitting, reach out to a Houston personal injury attorney for a consultation. Whether you hit a lane-splitting motorcyclist or the motorcycle hit you, a qualified attorney can help you determine the most appropriate legal recourse.

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Eight Tips for Outdoor Cooking Safety You Should Know

Tue, 09 Aug 2016 22:52:00 GMT

During the summer and cooler autumn months, Americans enjoy cooking outdoors. Favorite methods include grilling, deep-frying, and boiling. While nothing beats a nicely charred kabob, a deep-fried turkey, or some freshly boiled peanuts, outdoor cooking comes with certain risks.

Fires, burns, smoke inhalation, and explosions can turn fun-filled afternoons into tragedies. According to a 2016 report from the National Fire Protection Association, grills are responsible for 8,900 residential fires every year, and gas grills account for more fires than charcoal grills. Numerous people seek medical treatment after accidents involving grills, highlighting the real dangers of outdoor cooking.

The next time you turn on the propane, set up those charcoal briquettes, or put an oversized pot on the burner, remember these safety tips:

Cooking outdoors is a fun way to enjoy the season, good company, and fantastic food. With basic precautions in place, you can significantly reduce the risk of injury during all your outdoor cooking festivities.

If you’ve been injured in a cooking related accident because of the negligence of the chef, contact our Houston personal injury lawyers today

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Six Steps to Take if You Suffer an Injury While on Vacation

Tue, 19 Jul 2016 22:24:00 GMT

Vacation getaways should serve as times for relaxation, entertainment, and escape. Unfortunately, leisure travel sometimes results in serious injuries. Getting into a car accident in another state or in another country can cut your vacation short and leave you wondering about next steps.

Protect Your Rights After Vacation Injuries

If you or one of your traveling companions is injured, knowing what to do afterward can provide you with peace of mind. Whether you are on a cruise, at a hotel, or sightseeing in a foreign city, take these steps to protect your rights:

Reduce the risk of suffering an injury on vacation

Injuries on vacations are common, and they can affect an injured person’s quality of life after returning home. When equipment malfunctions and people behave negligently, you don’t have to suffer with the consequences. You may have the right to pursue legal action against those responsible. Protect your right to file a claim with the tips listed above and contact the attorneys at Gordon & Elias, LLP for more information. Whether you are vacationing in Houston or live here and were hurt elsewhere, we can help you explore your legal options after a vacation-related injury.

The post Six Steps to Take if You Suffer an Injury While on Vacation appeared first on GES Injury Attorneys .

I Was Injured on a Work-Related Trip. What Now?

Thu, 14 Jul 2016 22:26:00 GMT

Today, many people travel for work on a regular basis. Whether you travel domestically or internationally, a job-related accident away from the office can raise several questions. Will workers’ compensation cover my injuries? Was my accident job-related? What do I need to do?

You are not covered for any accidents that take place during the commute between your home and office under US workers’ compensation laws. However, if you travel long distances for work, the legal ballgame changes. If you are engaged in an activity that is work-related, including travel, you may have grounds for a workers’ compensation claim.

What Should I Do After I am Injured on a Business Trip?

If you sustain an injury on a business trip, take a few steps to protect your rights to compensation, just in case your injury is covered:

What is Job-Related for the Purposes of Workers’ Compensation?

To understand your situation, you may want to sit down with an attorney for a free consultation. Teasing out activities that are and are not work-related can be difficult, and you may ride a fine line between an activity that is covered and one that is not covered. For example:

If you have any questions about your work-related activity, ask an HR professional and/or your attorney for clarification about Texas workers’ compensation laws. Your company may also carry business travel insurance specifically for business trip injuries and unexpected situations.

Are Workers’ Compensation Claims for Travel Different from Normal Claims?

The workers’ compensation claims process is the same regardless of your injury situation. However, you may run into difficulties during the claims approval process, particularly if the workers’ compensation administrators do not understand the nuances of your situation. An attorney can be an invaluable resource if administrators delay or deny your claim after a business travel injury.

We recommend taking the time to explore other legal options after filing a workers’ compensation claim. Your coverage may not take care of all your medical expenses, and you may have an additional personal injury claim against a third party, such as an airline, an auto manufacturer, or an individual.

Contact

At Gordon & Elias, LLP, we are committed to helping our clients maximize their recovery after work-related accidents of all kinds. If you are concerned about coverage after a business trip accident, contact our Houston personal injury lawyers for a free consultation.

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What are the Most Common Personal Injury Forms?

Tue, 12 Jul 2016 22:34:00 GMT

After a personal injury lawyer accepts your case, you will likely spend time collecting documentation and filling out forms. To move forward, you will need to release certain information to your attorney, sign a contractual agreement, and fill out other forms as needed.

If the paperwork sounds overwhelming, remember that it will expedite the legal process. Your attorney can explain things to you and help you along the way. Enlist family members to help keep you organized as your case moves forward, and the paperwork will go by quickly.

The Most Common Forms You Will See

The contract will typically authorize the attorney to represent you, explain your attorney’s ethical obligations, and outline your agreement for services. You may need to pay for other case expenses out of pocket, and this document will include payment terms and information.

Read the contract carefully and ask for clarification if you have any questions. Pay close attention to all payment agreements and your obligations throughout the case.

These forms and lists of information are crucial when building a case. They give your attorney the authority and information needed to move forward with a claim; they may also give you a sense of justification that pursuing a legal claim is the right thing to do. Take the time to fill out each form carefully.

Ask as many questions as you need during your initial consultation to feel confident in the firm you choose. At Gordon & Elias, LLP, we want to help you make an informed decision about your legal options. Reach out to us for a free case evaluation today.

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My Child Was Injured at School. What Do I Do?

Thu, 07 Jul 2016 22:37:00 GMT

When kids come home from school with the occasional scraped knee or an accidental broken arm from playing on the playground, most parents don’t think twice about legal responsibility. However, some accidents are not quite as innocent. Schools are responsible for providing children with safe environments. When they fail to do so and a child suffers harm, parents have every right to explore and pursue legal action against those responsible.

Getting to the Bottom of Your Child’s Injuries

If your child comes home with bruises, broken bones, or other injuries from serious negligence or intentional harm, you may not know what to do or where to start. Take these steps to protect your child’s wellbeing:

Intentional Harm, Negligence, and Liability

Many schools fight problems with bullying on a daily basis. In reality, administrators can’t reasonably watch every student for potential acts of bullying. Unless a school has reason to suspect bullying and fails to act, parents are ultimately liable for their children’s actions against other students.

In some appalling cases, school employees are responsible for causing intentional harm. Physical violence under the guise of discipline or any other activity is forbidden in modern schools. The employee and the school district may face liability in these cases.

Many student injury cases fall under the category of negligence. A case based on negligence often highlights a school’s failure to provide a safe environment for student safety. Acts of negligence at school may include allowing students to wander into the street, failing to follow safety standards for emergencies, failing to maintain food safety protocols, and failing to maintain the property.

Finding an Attorney for School-Related Accidents

Falling off a swing set, tripping down the front stairs, or tearing a ligament in physical education class is usually a true accident that could happen to any student. However, many school incidents are preventable. If you are concerned about your child’s safety at school, talk to an attorney who has experience with cases against public and private schools. If you do have a claim, your attorney will help you obtain an appointment as your child’s guardian ad litem so that you can take legal action on your child’s behalf.

Your child deserves a safe place to learn, socialize, and grow when he or she is not in your care. Contact the Houston personal injury lawyers at Gordon & Elias, LLP for more information about school injuries and Texas laws.

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What Do I Do When My Car is Overheating in Traffic on the Freeway?

Mon, 04 Jul 2016 22:47:00 GMT

An overheated engine can leave you sitting in the middle of traffic without a way out. Feeling trapped on a busy freeway is a frightening experience, especially if you aren’t sure how to handle it. You need to know these things about vehicles that overheat:

Why Vehicles Overheat

High summer temperatures contribute to engines overheating, but the underlying cause of an overheated engine varies. Low levels of coolant, problems with a fan, and radiator obstructions are all possible causes.

Routine maintenance is the best form of prevention. You can easily check coolant levels before you hit the road, but ongoing maintenance to check and replace worn parts will further decrease the likelihood of problems over time.

Signs of an Overheated Engine

Watch the temperature gauge on your vehicle, especially during the summer. If it edges close to the “H,” your engine is starting to overheat. Steam rising from the hood of your vehicle is another clear indicator. If the problem relates to coolant levels (antifreeze), you may notice puddles of the liquid beneath your vehicle after it has been sitting for a while. Always check fluid levels if you see puddled liquids other than water under your car.

What to Do if You Notice Your Engine Overheating

If you notice any of the signs of your engine overheating, pull over as soon as it is safe to do so. If you’re in the middle of traffic next to a median or in the middle of the pack, and you can’t get to the side of the road:

Using these techniques will buy you a bit of time. They will not fix the problem. As soon as you are able, pull over and evaluate your situation. Call AAA or a tow truck if you cannot safely drive your vehicle.

If you can’t move over and these cooling methods are not working, turn on your hazard lights and call for help. Do not attempt to get out of your vehicle in the middle of the road.

What to Do if You Can Pull Over

Under ideal circumstances, you will have an opportunity to edge over to the side of the road before the problem worsens. Turn off your vehicle and carefully open the hood. Wait for the engine to cool, and then check your coolant levels. If you don’t have any coolant, your vehicle is not safe to drive any further. Never touch the radiator cap or add water to cool the engine down until the engine is already cooled off.

An overheated engine can cause panic in drivers. Try to remain calm, and call for help if you need it. Remember to watch the traffic around you, and only move when it is safe to do so. For more information about traffic-related legal situations, call the Houston personal injury attorneys at Gordon & Elias, LLP.

The post What Do I Do When My Car is Overheating in Traffic on the Freeway? appeared first on GES Injury Attorneys .