In this article you’ll find 5 things you need to know about handling commercial truck accidents that result in personal injury or wrongful death.
1) Document the scene.
If you’re faced with an accident, speak only to the police to file a report. Do not speak to the trucker, company representatives, or insurance representatives until you have a lawyer. At the scene, get photos, contact information, and all other important details you have access to and contact a lawyer. It’s critical to do this right away. Waiting can result in lost, damaged, or destroyed evidence, and unreliable memories of the incident instead of hard facts.
For example, without a specific legal document it’s possible for trucking companies to intentionally destroy evidence after the accident without breaking the law. Have your lawyer inspect the damage on all vehicles involved in the accident so he or she has all the facts readily available to mount a strong case on your behalf.
2) Get a good lawyer.
Law firms are unique and have different areas of expertise. Some are more experienced at handling accidents and holding commercial trucking companies responsible. A good law firm for your case will be one that has tried similar cases in the past, and has the resources to access the best experts, technology, and analysis to make your case.
Personally, you should feel that the attorney is attentive to your needs, professional, and knowledgeable. If you do not feel that the lawyer is authentically concerned for the well being of you and your family, don’t be afraid to find someone else. This individual will be helping you make serious decisions that impact your life. Take the time to find someone who has the expertise and the empathy you need.
3) Let your attorney do the talking.
Do not sign any documents or speak to any insurance or trucking company representative without first consulting a lawyer. Federal and state governments oversee the trucking industry. Attorneys with experience in this field have a working knowledge of how to navigate these regulations to hold truck drivers and companies responsible for a semitrailer crash.
In most accidents, the insurance company pays the money won in a settlement. Because of that, the insurance company may try to have you sign away your rights to a higher settlement before you hire a lawyer. This can result in you getting a settlement that is much less than the amount of money you deserve.
Refer all calls and questions related to the accident to your lawyer, especially those from an insurance company. Do not say anything or sign anything without a lawyer present. Even if the conversation seems casual, anything you say or do can be used in your legal case to reduce the amount of your settlement. Your lawyer is your advocate and has experience dealing with the insurance companies. Let them be your advocate.
4) Know who is responsible.
In an accident with a commercial trucking rig where the truck driver is at fault, you may be entitled to sue several individuals and companies. For example, if a commercial truck driver has a blood alcohol content of 0.04% or greater and causes an accident, both the driver and the company who hired him or her are responsible for damages and injuries suffered by you and your passengers.
A good lawyer will identify all parties who are legally responsible for the accident. This may include, but is not limited to:
- Trucking rig owner
- Tractor-trailer cab / trailer owner
- Freight owner
- Cab, trailer or vehicle parts manufacturer
Proving fault in a court of law requires evidence. Your attorney will interview people who witnessed and were directly involved in the accident. They will collect law enforcement records of the incident and relevant corporate documents. They will review the crash scene and damage to all vehicles involved – even recruiting expert testimony to build and support your case.
Even in the event that a commercial driver is only partially to blame for the accident, you may have the right to sue the driver, trucking company, and connected entities to cover medical expenses, lost income, damages, and more. Actions that can put a commercial driver at fault include:
- Driving aggressively
- Driving too fast
- Driving under the influence of drugs or alcohol
- Driving without adequate rest
- Exceeding the legal limit of driving hours
- Failing to stop or slow to avoid a likely accident
- Losing control of any part of the vehicle
- Not checking blind spots
- Not yielding where appropriate
5) Understand your rights.
In a collision with a commercial truck, you may be entitled to damages if you are a:
- Driver in a personal vehicle affected by the crash
- Passenger in a personal vehicle affected by the crash
- Passenger in a commercial truck affected by the crash
- Passenger in a commercial truck which caused the crash
- Pedestrian or cyclist affected by the crash
- Family member of a driver or passenger killed by the crash
In the event of personal medical needs and property loss due to the accident, filing a suit against the individual(s) and company(s) responsible is the path to cover your related expenses. This can also cover other damages (lost wages, pain and suffering, etc.) due to the collision.
If a family member was killed in a collision with a semitrailer you may have the right to sue for compensation and get justice for your loved one. This is possible if the evidence supports a wrongful death claim. Speak with an attorney about what options are available if your family has suffered the loss of a loved one in a commercial truck accident.
If you are involved in a collision with a commercial trailer, hire an experienced attorney who can advocate for your rights and ensure that you receive the justice you deserve.
It’s no secret that traffic accidents can burn a big hole in your pocket. Not only that, but traffic accidents can also be devastating in a more serious way, with an average of 33,000 fatalities a year. This only further increases the economic costs of traffic accidents, considering the whopping life insurance cost as well as the money needed for simple quality-of-life for those injured.
Now, to be sure, private insurance companies can cover a significant amount of this cost. However, an insurance company is still a business, and will still try to keep their cost down as much as possible. There is no legal duty imposed on insurance companies to settle reasonably in any particular case. To ensure accident victims do not get swindled out of the money they need after an accident, it is highly recommended that such victims always retain an attorney for such a circumstance.
There are a variety of things you’ll want to consider when hiring such an attorney. This goes for those making a claim against their own insurance company or even against another driver involved in the accident, particularly one at fault according to police reports.
- It is essential to remember that an insurance company will always try to make the smallest pay-out possible. These payouts are considered losses for the business, and, in order to turn a profit, the insurance company will attempt to give you the least amount of money they can.
- The last thing an insurance company wants to be involved in the case is a lawyer. To insurance companies, attorneys mean more money out of their pocket.
- You need to consider any other drivers involved in the accident. Should the other driver prove to be at fault for the accident, the claim will need to be filed against his insurance provider rather than your own. Again, this provider will act vastly similar to yours, looking to minimize their losses, and your profits, as much as possible.
- You need to know how much your claim is actually worth. Due to non-economic damages and future losses, this can be incredibly difficult for most victims. However, it is important to have a suitable estimate in your mind in such a circumstance.
Considering these factors, the most logical thing would seem to be to have an experienced legal negotiator on your side when going up against an insurance company, especially if the stakes are high. Perhaps it may not be worth the check if the damage claims are on the lower end of the spectrum. However, if there is serious damage or injury that is going to require a serious payout, the best thing you can do for yourself is hire an experienced Houston auto accident attorney to make sure you get what you need.
It is dangerous to drive while you are sleepy. In fact, even if you have only lost one or two hours of sleep, you are still more likely to get into a car accident. A study done by the AAA Foundation for Traffic Safety showed exactly how dangerous it is to drive if you are tired.
Sleep experts recommend that people get between seven and nine hours of sleep every night. Eighteen percent of adults get fewer than seven hours of sleep per night. Two percent of adults get fewer than four hours of sleep per night. Many adults are sleep deprived, and this can lead to an accident.
- People who get fewer than seven hours of sleep are 1.3 times more likely to be involved in an accident
- People who got five or six hours of sleep per night are 1.9 times more likely to be involved in an accident.
- People who got four or five hours of sleep per night are 4.3 times more likely to be involved in an accident.
- People who got less than four hours of sleep per night are 11.5 times more likely to be involved in an accident.
The results did not take into account the other factors that lead to an accident. This includes things like drug use and alcohol use. However, research clearly proves that it is dangerous to drive while you are sleepy.
Why it is Dangerous to Drive While Tired?
The National Highway Traffic and Safety Administration showed that drivers who are tired are twice as likely to get involved in an accident. Drivers who do not get enough sleep not only put themselves endanger, but they also put others on the road in danger. Driving with little sleep impairs your alertness and slows down your reaction time. It can also impair judgment and take your attention off of the road.
Signs of Drowsy Driving
Your safety should be your top priority when you are hitting the road. Some of the people who drive may be drowsy. Erratic driving, which may include repeatedly slowing down and speeding up, is one of the signs of drowsy driving. Overcorrecting errors, drifting in and out of lanes and losing control of the vehicle are other signs of drowsy driving.
Car Accidents Caused By Drowsy Drivers
Drowsy driving accidents can occur on highways and rural roads. They can also occur at any time of the day. However, they are most likely to occur between the hours of 12 a.m. and 6 p.m. Many drowsy drivers leave the road without even braking.
Call an Experienced Attorney
If you or one of your loved ones have been hurt in an accident caused by a drowsy driver, then you will need to contact an attorney. A lawyer will protect your rights and help you get compensated.
Insurance companies work on the principle of prepaid payments that one deposits so that they can utilize claims in the future. The claims are written when one needs to get their capital back from the insurance company due to various reasons. These can be approached in two ways, “in good faith” and “bad faith”. As per the contract, every company is supposed to approach claims in good faith, and declining or settling for a low rate is when the practice is going by the bad faith principle.
In Houston, once an individual has been exposed to this treatment, the best solution might be to take advantage of a lawyer. More specifically, a personal injury attorney. If one’s claim has been handled with bad faith, the lawyer can sue the company for additional damages. Although this is not easy to prove, it can be done. Additionally, by proving that there was some type of bad faith, the plaintiff could recover more than the initial claim costs as all the expenses associated with the bad faith lawsuit will be added.
Since a lawsuit is a final leverage every customer possesses, insurance companies may try to undermine the process. This is most often done by implying how the customer was lying in their original claim, thus the company did not act in bad faith. Sometimes, if the evidence is condemning and the verdict will be in favor of the plaintiff, the company might even admit to nothing but an innocent error.
If Houston residents undergo this situation, one has to communicate with their insurance provider to acknowledge the bad faith that is taking place. If a direct approach based on communication does not solve anything, one should reach out to an attorney who can represent them. Then, a lawsuit can be filled to collect what is owed.
Hit by a Drunk Driver in Houston – Here are Your Legal Options
If you have been hit by a drunk driver, your first instinct may be to sue them. You may be hurt and your vehicle damaged. Before you do, however, consider the easier and sometimes more effective route of an insurance claim. Know your legal options at this difficult time.
Filing a Lawsuit
A lawsuit is one of those options but if you live in a no-fault state, it may be a difficult road to compensation. Personal lawsuits can be difficult to prove in a state that does not assign blame for the accident, so even if the other person was drunk-you will have to prove your case.
Meet with the Other Insurance Company
Another option for you is to talk to the other person’s insurance company. If you let the company know that you are going to file a third-party lawsuit for all of your medical and repair bills, you will get their attention. You may be surprised at the generosity of their offer for settlement. Every driver is required to carry a standard of insurance for this very reason, so why not at least talk to their insurance company. The company’s first interest is limiting a payout but a settlement means they don’t have to go to court, which will save money for everyone.
DUI Convictions Means a Strong Case for You
DUI convictions are another thing for you to consider. If the other driver was charged with a DUI-his insurance company is going to do everything possible from keeping that case from going to court. An insurance company with a convicted drunk client does not want to face a jury. Juries are well known for placing high settlements against drunk drivers. If this is the case you are in, it will definitely be worth your while to meet with the insurance company before filing suit.
There are more than 10 states that operate under the “No-fault” premise. If your accident took place in one of these states-your options are more limited. You will need to file with your own Personal Injury Protection to assist you with your medical bills and repairs. However, even in these states, there is a cap on medical coverage and you can seek damages from the other person when you have reached this maximum.
Consider the Options
Any accident is difficult but being hit by a drunk driver is especially traumatic. Before you make any quick decisions, consider your legal options with a local accident attorney in Houston to help you find the best way to ease your losses. You don’t have to pay if a drunk driver caused your accident. The law does protect those who follow the law.
The auto sector has experienced massive evolution since its inception. Thankfully, through embracing technology, the seatbelts, breaks, and airbags have improved significantly. Even so, it is good to realize that automotive machines are not fail-safe. Even with serious vehicle testing, on several occasions, the cars and trucks have been released to the markets with bad design or construction flaws and inbuilt safety vulnerabilities. Should you buy a car that has defects and it gets recalled, you are entitled to legal recourse. A personal injury attorney plays a crucial role in evaluating your options as you go into it.
Explore Some of the Common Auto Defects
To avoid getting a consumer suffering over purchase of a flawed auto, the National Highway Transportation Safety Administration closely monitors safety recall cases. As it is, the issues that lead to safety recalls are quite common including damaged tires, airbag deployment issues, low-standard emissions, steering problems likely to trigger loss of control over the vehicle, defective breaks causing the machinery to freeze up, and wiring defects. You realize an issue with wiring and fuel leaks could cause fire on a car. As well, the organization looks into matters of accelerator devices that freeze or malfunction and a vehicle’s onboard electronic classification. Several brands have been highlighted for manufacturing faulty cars that ended up causing accidents and deaths.
Acquiring Legal Representation
When a manufacturer produces defective motor vehicles, they should be held financially accountable because it is their duty to build safe cars. In case you have fallen victim by purchasing a track or car that has been recalled and intimidates your safety, you should consider seeking legal solutions through a personal injury lawyer. An attorney helps with evaluation of loss of value on your car, and personal injury settlement. While at it, check that you go an attorney who comprehends the laws binding your particular state considering that they vary. A personal injury lawyer specializing in product liability has the best of their interests the commitment to helping people who are not in good terms with their manufacturers to obtain justice.
Hook Up With a Qualified Personal Injury Lawyer
Usually, after the occurrence of an accident, the victim’s insurer might try to tone down amount claimed. Those adjusting the claims are trained to source information from the injured victims. By so doing, the insurance firms boost their profits to impress their shareholders. Should you accept an amount not equal to the damage caused, it means you will have to suffer raising money for further treatment by yourself. Nevertheless, you can never go wrong with John K. Zaid & Associates. They represent you adequately and fight for your rights so that rapacious insurers do not oppress you.
Is a business in the Houston area liable for any injuries to a person, on its premises, caused by the criminal acts of another?
At first blush, the answer would appear to be “no” because how can a business be liable for the criminal conduct of another person?
If the offender is not found, the injured person has no legal remedy.
Does the business have any responsibility to its clients who are invited on its premises?
If the business owner knows that its customers have been injured on its premise, is this knowledge relevant as to the issue of liability?
A business has the responsibility, in keeping within accepted business standards to its customers requiring that its premises be safe from any defects or dangerous conditions, to have appropriate lighting and supervision on the premises.
Prior knowledge is always relevant and settles the question of the legal responsibility of the business. This responsibility is also heightened because the customers are invited.
But does this responsibility continue to the businesses parking lot? The answer is probably “yes” for any defects or dangerous conditions that exist in the businesses parking lot.
Is the business liable if its customers are attacked in the business lobby, inside the store or in the businesses parking lot?
The law has evolved in this area of premises liability.
The law of negligent security arose out of situations where people were attacked and injured on business premises when there was inadequate lighting, as an example. Initially, it was found that the business owner owed no duty to provide any security to the protect the public who had a legal right to be on the premises.
The law changes slowly and the law a negligent security, a subcategory of premises liability, was finally recognized by the judiciary as a viable theory of liability.
Negligent Security requires a business to provide adequate security for the premises when there was a legal duty to do so. Of course, the business owner has no criminal liability for the injury, only civil liability. Civil liability allows one to file a lawsuit against another person.
John K. Zaid & Associates invites you to apply for an essay-writing contest they are sponsoring. One talented student will be awarded with $1,000.
Before You Apply
- Write an essay of 1,500 words on “Road Traffic Safety”. The essay should represent your opinion, backed up with facts, on how to enhance the road traffic safety and prevent accidents.
- Submit the essay in PDF or Google Document format.
- We’ll also need some sort of proof that you’re currently a college student, as this competition is opened for college students only.
- Your location does not matter.
Note that the deadline for application is January 15, 2018. By sending us the essay, you agree that we may publish it on our website. We won’t share/rent/sell any of your personal information without your specific permission.
The winner will be announced by January 20, 2018 and will be contacted for receiving the award.
Sorry. This form is no longer available.
If you follow certain steps when filing an auto insurance claim, you can make the process easier, and have issues resolved more quickly.
Determine The Cost of Damages
If your main concern is raising auto insurance rates, carefully consider how much damage has been done in the accident, regardless of who is at fault. If it’s a small amount of damage or an amount that each driver can cover, then it might not even be necessary to contact your auto insurance company.
If the accident is deemed to be the other driver’s fault and/or the other driver is the one who gets a ticket because of the accident, then his or her insurance should have to cover the damages to your vehicle and the incident should not affect your car insurance rates. You will still need to inform your insurance company of the accident and they will contact the other driver, just as the other driver’s insurance company will likely contact you.
If you were at fault or you received the ticket, then your insurance will be expected to cover any damage to the other driver’s vehicle. If you can pay the costs of repair out of pocket, then there’s also no need to contact your insurance company.
When Your Insurance is Involved
If you’re not sure whether or not to file a claim, give us a call to discuss your case. Even simple phone inquiries to your insurance company can be added to your record and may affect your rates in the future. Decide first if you want to use your insurance or pay out of pocket, and whether the cost of paying out of pocket is worth keeping your insurance rate down.
Filing a Claim
Here are a few things to get you started if you decide to file a claim.
Witness’ Names & Contact Info
Get as many witnesses’ names and phone numbers as possible that you can supply to your insurance company to help show that the accident wasn’t your fault.
Be sure to record things including the time, place, date, photos of the scene, a copy of the police report, and names, addresses, and insurance information of everyone involved.
Other Important Tips
- Do not admit or debate fault
- Anything you say can be used as evidence
- Make a note of any passengers of all involved vehicles
- Take photos of all vehicles involved and the location
If your claim is rejected
- Make sure the insurance company explains the reasons in writing
- You can always appeal the decision
Being involved in a car accident is a very stressful experience. Having the right legal counsel on your case can make all the difference. Give us a call or send us an email to discuss the details of your case right away.
The content of this article is provided for informational purposes only.
Having a PIP, or personal injury protection, policy while traveling can help the policyholder cover the costs of medical bills and lost wages for himself and his passengers. As opposed to standard automobile insurance, PIP insurance is no-fault auto insurance that covers the driver and associated parties despite who caused the accident. In some states, PIP insurance is a mandatory extension of standard car insurance.
Per the particular policy, personal injury protection insurance may pay up to 80 percent of the driver and passengers’ medical bills, including rehabilitation. Sometimes, PIP covers the injuries of other drivers and pedestrians. If necessary, PIP also covers funeral costs.
Personal Injury Protection Versus Medical Payments Coverage
Medical payments coverage, or Med Pay, is another type of automobile insurance. While medical payments coverage and personal injury protection coverage share similarities, they differ in several ways. Like PIP, Med Pay covers the driver and passengers’ medical bills. Unlike PIP, Med Pay will not cover funeral costs, lost wages and other expenses. Therefore, many drivers prefer PIP.
Claims and Settlements
Generally, a policyholder who has personal injury protection insurance receives a settlement faster than a policyholder who has another type of automobile insurance. However, insurance companies do not always handle claims fairly and quickly. Anyone who is tired of dealing with their insurance company should seek advice from one of the personal injury attorneys at zaidlaw.com. Usually, PIP cases can be resolved without going to court, but if necessary, the attorney can file a lawsuit in order to seek a favorable settlement for the client.
Driving is dangerous, and anyone who spends a lot of time behind the wheel should consider personal injury protection insurance. Besides providing coverage for the policyholder, PIP insurance covers any passengers such as the policyholder’s spouse, children, friends or coworkers. The decision to forego PIP insurance is simply not worth the risk.
A link has been recently discovered by researchers from both Britain’s National Hospital for Neurology and Neurosurgery and University College, London regarding traumatic brain injury and contact sports. Of the many sports, soccer was the most recent sport added to the list of many possibilities.
With a link between football and TBI already established, there were many headlines beginning to pop up regarding suicide among former players. After many autopsies were performed, it was discovered that many of them had sustained Traumatic Brain Injury. Besides Football, many other sports have the potential to cause TBI. These include baseball, hockey, boxing, lacrosse, skiing, skateboarding, horseback racing, and extreme sports.
Because of these sports, there is a much higher risk of the participants sustaining a tremendous amount of damage caused by being hit in the head repeatedly. According to Brooks Schuelke, a lawyer specializing in TBI stated that “Soccer players are at high risk during times when they hit the ball with their heads during a game. They also incur many head collisions as well as head collisions by ground contact. These collisions can also create concussions repeatedly.”
During a more recent study, researchers found that out of 14 brains studied, 4 showed a significant amount of chronic traumatic encephalopathy (CTE). This is believed to be caused by a repetition in head injuries. Although this research does not draw any conclusive findings, the numbers are still staggering and cause for further research. This could also be a determining factor in justifying how dangerous soccer can really be.
Being a very complex injury, traumatic brain injury displays many symptoms. Possible disabilities include cognitive, emotional, and physical conditions. In the long run, these disabilities can have a traumatic impact on the person’s family too. Schuelke also added that “The recent discovery goes hand-in-hand with the many lawsuits that have been settled between the NFL and former football players who had been diagnosed with TBI. Because of these new findings, soccer “heading” is being looked at as becoming banned for all soccer players who are 10-years-old and younger.
If you suspect either yourself or a loved one to have sustained a traumatic brain injury by being hit in the head repeatedly, it is in your best interest to contact an attorney who specializes in brain injury.
Many times a person in an auto accident hasn’t clue what to do especially if damages are involved. Oh, sure, medical and the police may be involve but that’s only to insure that the people involved know who to contact. The first step a person should remember is to keep your mouth shut and don’t admit anything. The second step is to contact a personal injury lawyer who handles cases like this for a living. However, in some cases, people are hesitant to contact a personal injury lawyer for many reasons. Here are few myths you should remember that are not true:
When hiring a lawyer who specializes in personal injury cases it will cost a fortune.
The truth is that most cases of this type are taken on a “contingency” basis which simply means if your lawyer loses the case and the judge does not rule in your favor, you owe nothing.
Another myth is that a personal injury lawyer spends his or her time running around town looking for car accidents.
Actually, in most cities a personal injury lawyer is forbidden from contacting any accident victims prior to thirty days. It’s a rule in most states.
A personal injury lawyer can file a false law suit claim.
Oh, please. A personal injury lawyer is not going to file a frivolous lawsuit and lose their license that may or may not have any chance of being awarded a small or large settlement.
Payouts on a personal injury claim is guaranteed.
You wish. Insurance companies will fight your claim, so your lawyer, if they have a case, should build a good, strong case.
As of 2014, there are about 318.9 million people living in the United States. Now, we all know that no human being is perfect 24/7, which means that with all of these people there are bound to be some accidents. However, you are lucky that every person has the ability to protect his/her legal rights after an accident or injury. This article is for those who may be unfamiliar with personal injury law, or how to proceed after an accident or injury occurs.
A personal injury case is a legal dispute that occurs when a person suffers harm from an accident or injury that someone else may be legally responsible for. It can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment. Formal lawsuits are started when an individual files a civil complaint against another person, business, corporation, or government agency, claiming that they acted carelessly in connection with the accident or injury. However, it is common that such disputes are resolved through an informal settlement before any lawsuit is filed. These informal settlements occur among those personally involved in the dispute, their insurers, and attorneys representing both sides. It is a negotiation that is followed by a written agreement in which both sides agree to resolve the matter through an agreed upon amount of money.
If you have had an accident that has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit or reach a settlement. It is advised to do so as soon as you can after the accident/injury due to statutes of limitations. Statutes of limitations are like deadlines in which you have to pursue legal action or else you can no longer do so. They are established by state law and often vary by type of injury. For example, in Texas, it is two years for an injury, but five years for sex crimes and one year for libel or slander.
If you believe that you have the potential for a personal injury case, it is very important to consult an experienced attorney. It is good to know as many details as you can about the events that led up to the accident/injury and all that were involved. Gather all the information you can before consulting an attorney. The more facts you can provide him/her, the better they can work to help you out.
The Pokemon game just surfaces weeks ago and already causing injuries due to gameplay. Let me brief you about the game in case you are not familiar with it. This is what you refer to as an augmented reality game, in which players are allowed to hold Pokemon captive (fictional characters based on Japanese franchise, i.e. video game, card game, etc.) in the actual world. These creatures are viewed through the camera of player’s phone as they walk through their neighborhood.
The game itself took some certain preventive measures and warned players to be aware of their surroundings and play safely, but many are not heading to this warning resulting into injuries.
Injuries arise as a result of loss of attention in watching the walkway; they are busy staring at their smart phone’s screen resulting in them slipping, tripping and falling into ditches and holes
Thanks to the creator of the game, the game will not start up while traveling at more than 20mph since it is meant to be played while walking and not while driving. Some gamers would have picked up interest in playing while on the wheel.
This is not just a problem for the children, as many of the injured are in their late 20s and 30s.
The positive side
Since the game is played while walking, people get to exercise their legs while playing. People bump into each other at the Pokemon site and get to interact with each other. So also people get to spend time outdoor when searching for pokemon in places such as parks, landmarks and other outdoor location they have never visited.
Precautions to take while playing
• Don’t play while driving. It is tantamount to texting while driving which is against the law and can at the same time be deadly.
• If walking or cycling, keep your eyes on the walkway. You stop to collect your creature once you sight a Pokemon. The game is nor worth an elbow, ankle or head injury, talk less your life.
Be smart and play safe.
Choosing a personal injury attorney to help you is a very big part of how you will care for yourself and your family after you are hurt. There could be a need for a car accident attorney, or it could be something like a workplace injury. You have a lot of options, and you just need to decide what you are going to do to help yourself. You have been hurt, and someone has to compensate you because of what has happened.
All the injuries that happen have someone who was at fault, and that person needs to be named in the suit. The suit is going to tell people exactly what happened, and you need to make sure that you have worked with an attorney who is going to help you get the results that you need. There are some people who are going to be able to get the money they need to pay off their medical bills, and it is very hard for people to get past them unless they have been paid. Someone who chooses to make the changes that are most necessary is going to work with an attorney who will prepare the case and file the lawsuit that needs to be filed.
Someone who wants to be able to get their money back after they are in an accident needs to find an attorney who will handle the whole case for them. It is very easy for a woman to make changes to their life and their finances. It is very nice to work with someone who is trying to get the money that you need, and you have to be sure that you have asked your attorney to get you what you need so that you can move on and they will help the next person.
In Texas, car accidents are very common and if you’re involved in an accident, then you should know when you need to hire a personal injury attorney. Some accidents require an attorney, while others don’t. Here is when a personal injury attorney is worth it.
There’s no need to hire an attorney if you only suffered scrapes and minor bruises, but if you suffered serious injures that may cause long lasting repercussions, then you will want to considering hiring a personal injury attorney. If a driver caused an accident and they were not insured or under-insured, then consider hiring an attorney. Also, if you are facing pressure from the claims adjuster to settle quickly, then consider contacting an experienced attorney. This is because you might not be getting a fair settlement.
Remember, when an insurance company under compensates an injured person, then they make a profit. This is why insurance companies know what to do in order to minimize settlement claims in cases that involved bodily injury. Unfortunately, this doesn’t give you the upper-hand, at least if you fight them on your own. Hiring an attorney will ensure you get what you deserve from the insurance companies.
Different states have different personal injury laws, which means it’s important to hire one that is familiar with Texas’ personal injury laws. They will be able to apply Texas’s laws to your state.
Texas is home to many personal injury lawyers, which means finding the right one can take time. Most lawyers charge a contingency fee, which usually works out to be about a third to 40 percent of the settlement amount. There are be other fees you could be responsible for, such as court fees, and this is why you need to find out what fees you will be responsible for paying and how much the attorney charges. Nobody wants to be involved in an accident, but the good news is there are personal injury attorneys in Texas when you do need them.
Statistics show that more than 75,000 accidents happen each year that involve autos and pedestrians. Among these accidents, more than 5000 pedestrians die from them. What this means is that every 7 minutes someone is seriously harmed in an auto-pedestrian accident.
The type of injuries that happen in these accidents can be quite serious. This is because the size of the vehicle or truck or that hits the person is substantially larger than the person. The injuries can entail nerve damage, brain and spinal injuries, as well as paralysis and multiple bone fractures.
The seriousness of the injuries entail in depth medical treatment and this can be very expensive. This can have an impact on the families of the victims as well. The time that is spent in medical appointments and having procedures done can impact the person’s ability to earn money. Loss time at work and losing the capacity to earn money are serious outcomes of pedestrian-vehicle accidents.
Consulting with an attorney can expose some of the options that may be available to help compensate victims and their families. A legal professional will also be able to determine the carelessness or negligence of the driver. Things to be considered is whether the driver was adhering to legal speed limits, obeying traffic signs, and whether the right of way was yielded to the pedestrians.
If the driver was found to be negligent, they may be held responsible for compensating the victims. Such compensation can entail recompensing the individual for medical costs and ongoing medical costs. This compensation can also include pain and suffering. The individual and their family should be aware of what legal recourse they have if an injury has happened to a loved one.
Pedestrian-vehicle accidents can be quite devastating. Having someone on your side to defend your rights and needs is an important aspect of recovery.
Texas officials and safety advocates are pushing for new approaches to educating teens about the dangers of teenage drunk driving.
Of Texans under age 21 who were killed in traffic crashes in 2009, 185 were drunk themselves or were in a car with a drunk driver.
Texas has a rate of five alcohol-related driving fatalities per 100,000 people. For those under 21, the rate is 2.3 alcohol-related driving fatalities per 100,000 people.
Although teen fatalities caused by drunk drivers in Texas dropped by over 42 percent from 1999 to 2009, the numbers are still unsettling for many. Alcohol is an influential factor in 37 percent of all motor vehicle deaths for teenagers ages 16 to 20.
Public education is important in the effort to reduce the number of alcohol-related traffic fatalities. There are numerous groups working to educate teens and young people about the realities of drinking and driving. Among these advocates are public safety officials, drunk driving awareness / safety advocate groups, drunk driver injury lawyers and even teenagers who want to make a difference.
Teens Working to End Teenage Drunk Driving
In Houston, a group of teens recognized the dangerous behavior of their peers and came together to send a life-saving, simple message: don’t drink and drive.
Members of the Houston-Galveston Area Council and the Houston Police Department recently organized a documentary detailing the stories of victims and survivors of Houston drunk driving. The local officials, who witnessed the blatancy and widespread popularity of underage drinking within their community, felt the message would be more meaningful and relatable if the film was made for teens, by teens.
The group of 13 teens worked hard on creating the documentary. They wrote, produced, edited and interviewed victims and survivors.
Falling Through the Cracks
According to Texas law, a minor found driving with any detectable amount of alcohol in his or her system is guilty of DUI, a class “C” misdemeanor. A minor charged with DUI faces up to a $500 fine, a mandatory alcohol awareness education course, community service and driver’s license suspension.
Some safety advocates are concerned that teens are falling through the cracks and that teens struggling with alcohol problems aren’t getting the help they need.
There are more organizations coming to the same realizations — that new approaches to reach teens may be more effective in reducing the number of teens killed in alcohol-related traffic crashes. We applaud those teenagers who had the courage to speak to their own peers about the dangers of teenage drunk driving.
Texas offers motorcycle riders miles and miles of open road and beautiful countryside. However, a string of deadly Texas motorcycle accidents in July of 2011 serve as a reminder of the dangers of riding a motorcycle and the need for all riders to take precautions to ensure the safest possible ride.
According to news reports of the July accidents, many of the riders died, while one lived; however, the rider that survived suffered severe head injuries. While riding a motorcycle is still safe, if a motorcycle crash does occur, the injuries may be traumatic, ranging from road rash and broken bones to head/brain injuries and even death.
Safe Motorcycle Riding Tips
With motorcycles lacking the basic safety features that are provided by other vehicles — seatbelts, airbags, enclosed passenger compartment, etc. — it is important that motorcyclists take it upon themselves to ride as safely as possible. The Texas Department of Public Safety (TxDPS) offers motorcycle riders the following safe-riding tips:
- Do not drink and ride
- Take a professionally-taught motorcycle safety course — they are good for both beginners and experienced riders
- Always wear protective gear such as a helmet and protective eye-wear
- Drive defensively
- Do not speed
By following the TxDPS safety tips, ensuring that motorcycles are in safe working condition and obeying traffic laws, riding can be safe and enjoyable. While many of the TxDPS safe riding tips are only suggestions, understanding the risks involved in riding motorcycles can help riders make the best and safest possible decisions for them, including whether to wear a helmet while riding.
Texas Motorcycle Helmet Law
Prior to 1997, the federal government tied funding for transportation to states implementing mandatory helmet laws. When the federal policy was reversed, Texas modified its mandatory helmet law. Now, only riders under the age of 21 are required to wear a helmet when they ride.
The choice for older riders to not wear a helmet while riding is not absolute, however. Those that choose to ride without a helmet must meet two conditions:
The rider must be at least 21-years-old; and
The rider must successfully complete a motorcycle safety course OR the rider must purchase and have proof of a health insurance policy that covers motorcycle-related injuries.
Risks of Riding Without a Helmet
For riders that meet the provisions of the law, riding without a helmet is a personal choice. But to make an informed decision to wear a helmet or not, riders should understand the risks involved.
According to the Centers for Disease Control and Prevention (CDC), the number of motorcycle deaths increased annually from 1997 to 2008, with a total of 5,290 people dying in motorcycle crashes in 2008. The CDC estimates that helmets prevent 37 percent of fatal motorcycle accident injuries, and reduce the risk of head injury by 69 percent. Further, the CDC estimates that 1,800 lives were saved in 2008 because of helmets, and another 800 lives could have been saved if the riders were wearing helmets.
The TxDPS reports that there were 323 motorcycle accident fatalities in 2003. Of those fatalities, 207 riders were not wearing a helmet. The Southern Medical Journal published a study showing that from 1997 (when Texas modified the helmet law) to 2003, there was a 15.2 percent increase in motorcycle rider fatalities. As reported by Lawyer Shop, based on statistics from the National Highway Traffic Safety Administration (NHTSA), the Texas Department of Transportation (TxDOT) claims there was a 32 percent increase in motorcycle fatalities from 2004 to 2008; although it is not indicated if this is directly related to helmet use.
Making the Safe Choice
With statistics showing that there has been an uptick in motorcycle rider fatalities in Texas in recent years, it is incumbent on riders to take their safety into their own hands. The decision to wear a helmet is solely up to riders over the age of 21, but the numbers show that wearing a helmet is one of the best ways for riders to protect their safety.
Injuries from a motorcycle accident can be devastating. After an accident, it is important to speak with an experienced Texas personal injury attorney about your rights and the possibility of receiving compensation for the injuries that you suffer. An attorney can help you seek compensation for medical bills, long-term care, repair costs, pain and suffering, and lost wages.
Houston Brain Injury Attorneys
The trusted and compassionate Houston brain injury attorneys at John K. Zaid & Associates, PLLC, know that one of the most distressing forms of injury is brain injury. At least if a victim’s leg is hurt, their mind is still functioning. The brain is the control center of the body, the emotions, and everything that one thinks or does. It can radically alter who an individual is. This means that if you or somebody who you love has endured a brain injury as a result of a mistake the somebody else has made, you should contact John K. Zaid & Associates, PLLC.
Our expertise in this field of law is drawn from years of experience working as Houston brain injury attorneys serving clients who have suffered similar injuries and then received compensation. John K. Zaid & Associates, PLLC believes that anybody who has suffered through something like this needs to receive justice. Contact John K. Zaid & Associates, PLLC today, and we will listen to you and help you.
Understanding the Basics of Brain Injury Claims
Over the past several years, the American public has become increasingly attentive to the subject of brain injuries. The brain injury scandal that continues to rock the National Football League is only one example of the ways in which brain injury issues have become high-profile concerns. Parents now take greater precautions when allowing their children to engage in contact sports and ride certain recreational vehicles and toys. In addition, school administrators, doctors, coaches, numerous manufacturers and government officials are taking proactive steps to reduce the frequency with which brain injuries occur.
Unfortunately, the process of treating brain injury issues with the urgency, attention and resources they deserve is still in its infancy. As a result, brain injuries continue to occur at a startling rate. Thankfully, medical advances are continually evolving and new resources are being offered to brain injury patients on a regular basis. In addition, both injury victims and their families usually have numerous legal options available to them in the event that such injuries occurred as a result of an accident or negligence. Our firm of Houston brain injury attorneys is committed to ensuring that any brain injury accident victim who has questions also has access to answers. Not every accident results in strong grounds for a personal injury claim. But oftentimes, there are legal options available for those who have suffered as a result of a brain injury and a trusted firm like John K. Zaid & Associates, PLLC can help you explore your options.
Every accident is different, so Houston brain injury attorneys know every personal injury claim is a little different also. In general, if a brain injury has been caused by an individual or entity’s recklessness, negligence or intentional behavior and that responsible party owed a specific legal duty to the person who was harmed, the harmed individual may hold the responsible party liable in court. If a verdict or settlement is reached successfully, the person who suffered harm may be awarded economic and/or non-economic damages.
Although no amount of money can possibly compensate for what a brain injury victim suffers, these awards do help to stabilize any financial consequences related to brain injury accidents. For example, past, present and future medical care may be covered by such awards, as may lost wages and pain and suffering. Many individuals are hesitant to file claims in the wake of an accident for a host of reasons, including the fact that such lawsuits may be stressful. However, Houston brain injury attorneys are often able to relieve families of the financial burdens associated with brain injuries does, which can help to reduce a specific kind of stress over time.
What Type Of Injury Do I Have?
You may think that all forms of brain injuries are the same, but that is a little simplistic. There are two distinct forms of traumatic brain injury. First, one may suffer from a Penetrating Brain Injury. This occurs when a foreign object enters the skull. Second, one may have endured a Closed Brain Injury. This occurs when the brain moves within the skull in an unnatural way.
If you believe that you are suffering from one of these injuries, contact us. Our experienced Houston brain injury attorneys will help you to discern the type of brain injury from which you or your loved one is suffering, and then we will determine to proceed.
Injuries To The Spinal Cord
Of course, brain injuries often involve injuries to the spinal cord. Spinal cord injuries can be especially debilitating, since this is such a delicate and important part of the body, which also connect the brain with the rest of the body. Since John K. Zaid & Associates, PLLC has experience in handling this type of casework, we invite you to give us a call. We have handled related cases, such as complete spinal cord injuries, incomplete spinal cord injuries, and much more.
Legal Assistance Is Available
If you or a loved one has recently suffered a brain injury due to another’s negligence, recklessness or intentionally harmful behavior, please reach out to John K. Zaid & Associates, PLLC today. We are passionate Houston brain injury attorneys who care about advocating for the rights of those who have been injured and we would be more than happy to speak with you. Consulting with our firm will not require you to take any action whatsoever. But it will better ensure that your questions are answered and your decisions are informed. You are navigating a significant challenge right now but you do not have to do so alone.
If somebody has introduced this physical distress into your life, then you deserve justice. Unfortunately, justice is often something that you have to fight for. Standing up to someone who has hurt you can potentially benefit you, but it can also help other people who may have been hurt in the past or may be impacted in the future. That is why we are committed to fight for justice at John K. Zaid & Associates, PLLC. Speak with one of our committed Houston brain injury attorneys today!