Car accidents happen every day, injuring and killing thousands of people. When those accidents are caused by the negligence of another person, there is a remedy. Injured people and the families of those killed can file a claim or a lawsuit against the responsible party to recover medical expenses, lost income, and pain and suffering. To learn if you are eligible to file a lawsuit, speak with an attorney who understands the complexities of car accident claims.
I have successfully represented many of clients over the years in car crash cases. We have litigated hundreds of cases cases, settled cases for the insurance policy limit, and taken verdicts in jury trials. Our law firm has the experience and knowledge you need after a serious auto accident. Find out about your options and your rights.
Negligent operation of a vehicle can take many forms. I have helped people injured or the families of those killed because of: Drunk driving, Excessive speed, Cell phone use, Inattention, Failure to adjust to conditions, and Hazards on roadway
Drunk drivers kill and injure thousands of people every year. Choosing to drive a car after drinking alcohol is a negligent decision that can have disastrous consequences. Texas personal injury law recognizes this; it allows the injured or the families of those killed by a drunk driver to file lawsuits to recover compensation and damages.
I help victims obtain payment for their injuries, medical expenses, and lost income after a drunk driving crash. I have the experience, to fight vigorously on behalf of clients.
The legal blood alcohol count is .08% or lower. It doesn’t take very many drinks to reach this level and become a dangerous driver. The injuries caused by drunk drivers can be catastrophic if not fatal. They have little control of their vehicles, frequently driving too fast for conditions or against oncoming traffic. In these circumstances, other drivers barely stand a chance. By filing a claim for damages and compensation, the injured and the families put drunk drivers on notice.
18 Wheeler Wreck
When it comes to road accidents, some of the worst involve a large vehicle such as 18 wheeler truck. More than 500,000 trucking accidents occur in the United States each year, resulting in about 5,000 deaths and many more horrific injuries. Roughly one out of every eight traffic deaths in America involves an accident with an 18 wheeler, a tractor trailer accident, semi truck accident, big rig or other large truck. Reasons for such horrific accidents include drivers who cannot see in certain blind spots around their large vehicle. Other causes can include vehicular failure. But often the cause of such accidents is driver failure. Many drivers do not follow the speed limits and rules of the road. Pressed by deadlines and by long hauls, truck drivers also often drive while fatigued. Such drivers can fall asleep at the wheel or at least lack sufficient attention and readiness to avoid an accident, when a split second may mean the difference between life and death in an accident. Some truck drivers also drive while under the influence of alcohol or other drugs. Others may tend to tailgate or otherwise drive recklessly. And still other truck drivers may not be properly trained or licensed to handle such vehicles.
An 18 wheeler accident lawyer is a personal injury lawyer who can handle claims arising from the negligence of a truck driver or a trucking company. Such a lawyer can pursue a case to ensure that victims receive full and fair compensation for their injuries. Usually such accident causes much greater damage to a smaller vehicle than would an accident between two small vehicles. Besides death, an 18 wheeler accident can lead to severe injuries, including fractures, head injuries and herniated discs.
Your 18 wheeler accident attorney will determine if you are covered for your injuries by insurance, and then will work to ensure that you get the money you deserve under the policy. This may prove vital since accident insurance companies do not always pay medical bills promptly and fully. Such reluctance may necessitate a semi truck accident lawyer stepping in to force the issue and to make sure that the insurance company lives up to the policy which it wrote and for which you paid. When an insurance company balks at providing coverage, a tractor trailer accident attorney will step in. Your lawyer will make certain that you are not “taken for a ride” by your accident insurance company but, instead, get the coverage you deserve for your medical costs and suffering. If there is a need for costly surgery to achieve your recovery, your lawyer will negotiate for its payment on your behalf. Your lawyer also will see to it that all claims are paid before the insurance coverage expires.
Accidents happen. Unfortunately, when accidents happen the result can be serious injury or death. When an injury or death is caused by the negligence or carelessness of another, Texas law provides a remedy.
Claims arising from defective products and automobile accidents are types of personal injury claims. Others include slip and falls, dog bite cases, and claims arising from improperly maintained premises.
Texas has special laws for claims resulting in death. In fact, Texas has three separate wrongful death statutes – one for claims involving the death of an adult with a spouse and/or dependent children; one for claims involving the death of an adult with no spouse or dependents; and one for the death of a child. Each of these wrongful death statutes places limitations on the damages that can be recovered by the survivors of the person killed by negligence.
Texas' wrongful death lawsuits are derived from two sources: the Texas wrongful death statute and interpretations of the statute by Texas courts. As its name implies, a wrongful death lawsuit is predicated on claims that someone's loved one was killed due to another's wrongful conduct. Texas law requires wrongful death victims to prove the following things (usually referred to as "elements") in a lawful death lawsuit:
The defendant was responsible for the wrongful death victim's death;
The person filing the lawsuit is the spouse, child, or parent of the deceased; and
As a result of their loved one's death, they've suffered monetary losses and/or emotional harm.
The first thing a plaintiff in a wrongful death lawsuit must prove is that the defendant's negligent or reckless conduct was responsible for their loved one's death. How your attorney will be able to establish liability depends on the unique facts of your case. For example, different elements apply to accident victims who are killed by a negligent truck driver than those killed by a defective product. With that in mind, it's important that you retain a wrongful death lawyer in who has not only successfully represented wrongful death victims, but who has also established a successful track record of representing injury victims across the spectrum of injury law.
Next, you'll need to prove that you are a member of the limited class of people Texas law allows to file a wrongful death lawsuit. Texas law places strict limitations on the eligibility of parties who can file a wrongful death claim, and specifically only allows the spouse, children, and parents of the deceased to file suit. Importantly, common law spouses and adopted children and parents are included, but step-parents and distant relatives (such as cousins, aunts, and uncles) are excluded.
Finally, you'll have to prove that you've suffered monetary and/or emotional harm as a result of your loved one's death. As you've likely encountered financial and emotional hardships as a result of your loved one's death (for example, unexpected funeral expenses and the loss of their love and support), and odds are that you'll continue to be negatively affected by these losses for the rest of your life, it's important that you retain an attorney with a history of successfully representing wrongful death victims. In other words, because you only have one shot to recover compensation for your injuries, you'll need to make it count, and the best way to ensure that you're fully compensated for your injuries is to retain an experienced wrongful death attorney.
As you have likely concluded, wrongful death cases are complex, as a party asserting a claim will need to successfully prove several elements before they are able to recover the compensation they deserve. If you are considering filing a wrongful death claim, give us a call for a free consultation to determine if we can help you recover the compensation you deserve.