What Can I Do If a Sinkhole Has Caused Damage or Injury?

Wednesday, October 27, 2021
Residents of San Antonio sometimes encounter a threat from sinkholes, which can damage property and injure or kill people. The holes occur more frequently in Texas than any other state. They occur naturally and can form without any obvious warning signs. Texas law includes protections for citizens and insurance companies, but many find these regulations complicated. Read on to learn more about sinkholes, the damages they cause and how the government classifies them, methods available to you for filing a claim, and what you should do in the aftermath of a sinkhole.

What Is a Sinkhole?

When water dissolves land forms of soil, sediment, or rock as foundation, a sink hole occurs. The ground may sink into an underground cave that forms from the water dissolution. Insurers are required to cover a catastrophic ground cover collapse when the ground collapses abruptly, a visible hole or depression appears, structures are damaged, and the government condemns the structures due to the damages. If your home is damaged by a sinkhole but all four of those conditions are not met, and you do not have sinkhole coverage, an insurance company can deny a claim. All companies insuring homes in Texas must offer sinkhole coverage. However, if the company completes an inspection and finds sinkhole activity on the property or nearby, they may refuse coverage.

Methods for Filing Suit

When sinkholes occur, owners and those injured may file a claim for liability. These claims fall into different categories, based on the circumstances:
  1. Premises Liability

Visitors to a home or building who receive injuries because of a sinkhole may file suit against the owner claiming premises liability. Owners must make every effort to keep visitors to their property safe from harm. When an owner is aware of a potential sinkhole forming but does not take action to address the dangerous situation, the injured party can sue the owner for failing to fulfill his or her responsibilities.
  1. Real Estate Fraud

Home sellers must advise potential buyers of sinkhole threats. Although the warning signs of a sinkhole forming can be hard to spot, if a seller knows of a sinkhole and fails to inform the buyer, the seller could bear full liability for the damages. Most commonly these holes cause an injury that only a San Antonio slip and fall lawyer can help with.
  1. Neighborly Nuisance

Sometimes a company or entity near your home sets the stage for the sinkhole to happen, causing the damage to your home. A gas company may be doing maintenance on pipes, for example. A factory could do some work that affects an entire neighborhood. Suing a neighbor may prove the best way for a victim to seek damages.

What Should You Do

If you suspect a sinkhole may exist or be forming near your home, contact a professional service. They can fill some small holes as they form. Others require evacuation and may lead to massive damages. In the event you suspect a nearby sinkhole caused damage, make sure you ask the local utility companies to inspect your lines. After that, call your insurance company to file your claim. You may want to call an inspector in to help you identify other damages like cracks in your foundation, walls, or ceilings.
Posted by Aaron Herbert at 6:13 pm

A Guide to Safe Tailgating at Cowboys Stadium (AT&T Park)

Monday, October 25, 2021
Football season is more than a sport. It brings people together for good times at house parties and tailgating before games. People of all ages tailgate around the Cowboys Stadium, drinking a few beers and enjoying the game atmosphere. However, if you tailgate at the arena, you need to understand the rules so you don’t end up getting ticketed, kicked out, or banned. This is what you need to know to stay safe while tailgating.

Location, location, location

Tailgate only in designated areas. You can’t park your vehicle and tailgate just anywhere in Arlington. Only use designated spaces to set up camp up to five hours before kickoff. You’ll find spaces with grassy areas in Lots 4-7 and 10-15, all of which are first come, first serve. You may tailgate in private lots as long as you have permission from the owners. You’re tailgating if you have a chair, cooler, grill, or other items on the ground outside your vehicle, so make sure you’re in a designated space to do so.

Cleanliness

Throw away your trash and properly dispose of coals in clearly marked containers available in tailgating lots.

Do not

  • Fry foods or bring a deep fryer.
  • Use open flame.
  • Bring weapons or fireworks.
  • Campaign, protest, solicit, or distribute flyers or political material.
  • Save space for your buddies. Caravan and get there early if you have a group that wants to tailgate together.
  • Sell or advertise 3rd party products.
  • Play your music too loudly or through an amplifier.
  • Roughhouse, fight, or engage in otherwise disorderly conduct.

Food safety

One of the best parts about tailgating is eating grilled foods on game day. However, raw meat can present an issue if you’re pretty far away from a bathroom. Bring disposable utensils and prepare as much as you can at home so all you have to do is plop the meat on the grill when you get there. Foodborne illness can ruin a game day experience.

Fight fire with…

Take a fire extinguisher and a water bottle. Although open flame isn’t allowed, you could still run into trouble with your gas or charcoal grill. Keep a fire extinguisher handy to prevent any serious trouble, and use a water bottle to take care of occasional flare-ups.

Designated driver

Find your designated driver. If you’re tailgating, that means someone drove. Make sure you have a legal plan for getting back home after the game. You can use a portable breathalyzer to monitor your intoxication levels, but these devices may not always provide accurate readings. If you’ve had more than 1 or 2 beers, you may want to consider getting a designated driver to be safe. Ballgames present the perfect opportunity for cops to pick up drunk drivers. Don’t give them a reason to pull you over. In the event of an injury or death due to drunk driving a Fort Worth drunk driving attorney can assist in getting you and your family compensation they deserve.

Take care of yourself

Hydrate, use the buddy system (it doesn’t matter if you’re a 22 year old female or a 45 year old male; let someone know where you’ll be and when you’ll be back), and wear sunscreen. Tailgating is often an all-day affair; avoid hangovers and sunburn pain by making smart choices.

Don’t be a menace

Cooperate with law enforcement and stadium security/staff. If a staff member catches you doing something against the rules, remain polite and cooperate. Don’t get thrown out of the park or arrested because you feel the need to win an argument against security personnel. Take the hit and move on. Nobody wants to get called to pick you up and take you home.

Etc

For more information about AT&T stadium rules, check out the website before you head over on game day. With common sense and a basic understanding of the rules, you can enjoy a fun day of tailgating before and/or after a fantastic game.
Posted by Aaron Herbert at 11:52 pm

When Can I Sue for a Parking Lot Injury?

Friday, October 22, 2021
Parking lots are the scenes of a variety of harmful personal injuries in Texas every day. Customers may suffer slip, trip, and fall in public or private parking lots, as well as be victims of car accidents, physical assault, or theft. Never assume that because you aren’t inside of a store you don’t have the right to sue a property owner for parking lot injuries. Many parking lot injuries are preventable and are therefore the liability of negligent property owners. To learn when you can sue for a parking lot injury in Texas, work with a local personal injury attorney. Here are a few basic examples of when an injured party can sue.

Can You Sue a Store if You Fall in Their Parking Lot?

Slip, trip, and fall accidents injure thousands of people every year. People suffer serious injuries in slip and fall accidents in parking lots, such as broken bones, concussions, and head and brain injuries. Knowing when the property owner is legally responsible for your parking lot slip, trip, or fall injury can help you know when to file a personal injury claim. An icy parking lot, rough patch of grass, or uneven curb is only grounds for a lawsuit if the property owner knew or reasonably should have known about the dangerous issue but did nothing to prevent injury.

Parking Lot Injuries

The Texas courts may hold property owners liable for accidents and injuries that occur on a property if proper care would have prevented the injury. For example, say a woman trips on an uneven sidewalk walking from the parking lot into the store and breaks her hip. If the owner of a grocery store should have noticed the dangerously uneven curb with proper routine maintenance checks, the courts may hold him or her liable for the woman’s injuries. In this example, the woman was an invitee to the property and the owner owed her the highest standard of care – including checking for and repairing unknown hazards. The woman would have to prove that a prudent property owner would have noticed the hazard and repaired or warned customers of it in the same circumstances.

Auto Collisions

If you get into a car accident in a parking lot, you may have a case against the property owner. If you suffered a personal injury such as whiplash or expensive property damage, a case against the other driver or parking lot owner may be worthwhile. The courts may hold a property owner responsible for parking lot collisions if the parking lot was in a state of disrepair or had known dangers that contributed to the accident, such as a downed light pole or inadequate/confusing signage. If the parking lot owner knew or should have known about car accident hazards and didn’t do anything to prevent a collision, an accident may be his or her responsibility.

Security Issues

Premises liability laws also encompass a property’s security measures. If the owner of a property has reason to believe there is a need for security measures such as a security guard, cameras, or extra lighting to prevent physical assaults and theft but fails to incorporate such measures, resulting in injury, the courts may find the owner guilty of negligence. A property owner may know of a security concern if the neighborhood has a high crime rate, if the previous owner had security problems, or if issues have occurred on the property previously. Failing to make a parking lot as secure as the circumstances warrant is a form of property owner negligence that can result in serious physical, mental, and financial harm to property visitors. If you suffer as a result, speak to a personal injury attorney, file your claim, and prove your claim in the Texas civil court system.
Posted by Aaron Herbert at 9:51 pm

What Happens If I’m Driving Without a License in Texas?

Tuesday, October 19, 2021
Anyone who operates a motor vehicle in the State of Texas must have a valid driver’s license. A license is proof of the legal authorization to operate a motor vehicle. Driving without a license in Texas is a misdemeanor that can come with serious penalties – especially if you cause an accident as an unlicensed driver.

Consequences for Driving Without a License in Texas

Driving without a license is a crime in Texas. This means you could face a criminal conviction, an arrest and even jail time. Under state law, your driver’s license must be legally authorized, valid, up-to-date and the correct class for the vehicle you drive. If you operate a commercial truck, for instance, you need a Class C license. Operating a car without a driver’s license in Texas can lead to:
  • Impoundment of your motor vehicle.
  • A ticket for committing a moving violation.
  • A fine of around $200 for a first offense and more for a second offense.
  • A fine of $500 and up to six months in jail for a third offense.
  • An arrest and jail time for a misdemeanor crime.
  • A permanent conviction on your criminal record.
If you were driving with an expired driver’s license, the penalty is a fine of up to $200, plus a $100 surcharge for three years. You can avoid this fine, however, if you get your driver’s license renewed, pay a $20 fee and bring proof of the renewal to the courthouse. If you fail to follow up with renewal and miss your scheduled court date, however, you could face a class C misdemeanor on top of the traffic infraction. If you were driving on a suspended or revoked license, the penalties can be even steeper. This is called Driving While License Invalid in Texas (Texas Transportation Code 521.457). It is a class C misdemeanor that can come with consequences such as a second suspension of your license, a fine of up to $500 and a surcharge of $250 for the next three years. These penalties can increase for a second or subsequent offense, up to six months in jail and $2,000 in fines.

What If You Cause an Accident While Driving Without a License?

You can face life-changing penalties for causing an automobile accident while driving without a license. You may get arrested for this offense, as it is a class A misdemeanor. The penalties for this crime include up to a year in jail and/or a fine of up to $4,000. If you cause a car accident that results in injuries or wrongful death to another person while driving on a suspended or revoked license, it is also a class A misdemeanor. You will face civil liability for causing a car accident while unlicensed as well. Civil liability means financial responsibility for the injuries and losses suffered in the car accident. Your auto insurance provider will be responsible for covering the medical bills and property repairs of all injured victims. If you were also driving without auto insurance, these expenses may become your responsibility to pay out of pocket.

What Is Negligent Entrustment?

If someone negligently entrusted his or her vehicle to you while knowing you were unlicensed, that person could bear a portion of liability for a car accident. For example, it is against the law for a parent to knowingly allow a child who is unlicensed to operate a motor vehicle. If you get into a car accident in this scenario, the person who negligently let you drive may have to pay some or all of the financial damages through his or her auto insurance provider. This could lead to an increase in that party’s insurance premiums.

What to Do After an Accident While Unlicensed

Stop your vehicle at the scene of the car accident whether or not you were driving with a valid license. Fleeing the scene can result in much more severe penalties than driving without a license. Then, contact a lawyer for assistance. A San Antonio, Texas car accident lawyer can help you understand your options and rights after a collision while driving without a license.
Posted by Aaron Herbert at 6:01 pm

Halloween Pedestrian Safety Guide for Dallas

Tuesday, October 19, 2021

Pedestrians are always at risk of injuries while walking around Dallas. Negligent and distracted drivers can collide with pedestrians and cause life-changing injuries. In 2017, 615 pedestrians in Texas lost their lives in traffic accidents. On Halloween, however, pedestrians may be at a greater than usual risk of accidents due to careless and belligerent drivers.
More pedestrians using the roadway can mean more opportunities for pedestrian-vehicle collisions on Halloween. Halloween should mean thrills and spooks, not real scares such as serious accidents. Use this Halloween pedestrian safety guide to keep yourself and trick-or-treating children as safe as possible this year in the city of Dallas. Speak with a pedestrian accident attorney to learn more about pedestrian law.

Common Halloween Pedestrian Risks

Halloween night can come with additional risks to pedestrian safety that are not as common on other nights of the year. Halloween is a popular holiday for late-night parties, for example, which can increase the number of drunk drivers on the road. Halloween also comes with a huge increase in the number of pedestrians in Dallas for trick-or-treating. Recognizing the most common pedestrian risks on Halloween night could help you avoid dangerous situations.

  • Drunk or drugged drivers
  • Distracted drivers
  • Speeding or reckless drivers
  • Drowsy drivers
  • Poor visibility
  • Lack of crosswalks
  • Poorly designed roadways
  • Sidewalk defects
  • Slip, trip and fall hazards
  • Criminals

Negligent, dangerous and careless drivers are the most serious risks to watch out for as a pedestrian on Halloween. Drivers can put pedestrians at serious risks of injuries by not paying attention to the road, failing to watch for trick-or-treaters or driving recklessly. A vehicle-pedestrian collision could be disastrous or fatal for the pedestrian. Children are especially vulnerable to pedestrian accidents in Dallas. You should also be on the lookout for unsafe sidewalks and criminals as a pedestrian. Walk in well-lighted areas for optimal safety.

Pedestrian and Motorist Safety Tips

As a pedestrian, take steps to increase your safety on Halloween night. Pass these tips onto your children if they are trick-or-treating this year. First, tell kids to walk, not run. Running can increase the risk of falls and of darting into traffic. Children should always stop and look both ways for oncoming vehicles before crossing a road – even if a crosswalk has given the walk signal. Carry flashlights or glow sticks to both light the way and increase your visibility to drivers. Use reflective tape on goodie bags for extra visibility.
Children should know never to enter the homes or vehicles of strangers while trick-or-treating. Send them with a responsible adult, as well as with cellphones in case of emergencies. Tailor costumes with safety in mind, making sure they are short enough not to tangle between the legs or trip the wearer. Avoid using masks or long wigs that could impede vision. Make sure children know not to eat anything until they have come home and allowed a parent to carefully inspect the goodies.

Driving on Halloween

As a driver, what you do can also impact safety – for yourself and vulnerable pedestrians. If you plan on driving on Halloween, do not plan on drinking. Arrange for a sober ride to and from your destination, especially if you are attending parties where you know the host will be serving alcohol. If you do drive, pay special attention to the road and watch for pedestrians. Thousands of kids and their guardians will flood the streets of Dallas on Halloween night for trick-or-treating and other local events. Try to avoid residential zones as much as possible.
Keep your eyes on the road and put your phone away while driving. Avoid other distractions as well, such as chatting with passengers or eating behind the wheel. Reduce your speed at or below posted limits at all times. Prepare to brake at any moment, without warning. Children in costumes may not obey pedestrian rules and may run into the road. Yield the right-of-way to crossing pedestrians whenever applicable. Stay alert and do not drive if you are feeling fatigued. It is up to you to prevent tragedies this Halloween.

Posted by Aaron Herbert at 10:27 am

What to Do If Your Injury Was on a Commercial Property

Thursday, October 14, 2021

Every day in Texas, people suffer serious injuries in premises-related accidents. These are accidents that occur due to hazards on a property, such as slip and fall accidents, dog attacks, and staircase accidents. Premises accidents can take place at private residences, on public property or in commercial buildings. If you were injured due to a defect on a commercial property in Texas, find out what it will take to recover compensation from the business or corporation.

What to Do If Your Injury Was on a Commercial Property 1

Basic Premises Liability Laws in Texas

Establishing any premises liability claim in Texas requires a few key elements. First, you or your premises liability lawyer must prove that you were lawfully on the property. This will give the property owner duties over your care, including a duty to maintain a reasonably safe and defect-free property. If you were trespassing on a commercial property at the time of your accident, the landowner will not owe you any duties of care (unless you are a minor).
Second, your lawyer will need to prove the owner of the commercial property was negligent in keeping the premises safe. The owner or possessor of the building – or an employee at a store – must have done something a reasonable person would not have that created an unreasonable risk of injury. Another example of negligence is the owner of the property noticing a defect but failing to repair it in a timely manner. In either situation, the owner would be liable for failing to prevent the injury.
Third, your lawyer must establish a connection between the defendant’s negligence and your injury. The business owner’s breach of the duty of care must be what caused your accident and injury. For example, if the owner knew about a faulty staircase but did not want to pay for repairs, he or she could be responsible if you fall down the stairs. Finally, you will need proof of compensable losses, such as medical bills and pain and suffering, to have a valid claim to damages.

Who Is Liable?

If you suffer an injury on commercial property, the party responsible for your medical bills and other losses will be the owner of the building, in most cases. In Texas, it is a property owner’s legal responsibility to maintain a safe premises. If a company was leasing the property at the time of your accident, however, the possessor may be liable instead. You will need to look at the lease or business contract for information about the landlord’s liability before determining the defendant.

What to Do After an Accident on Commercial Property

After an accident on a commercial property, start protecting your rights immediately with the following steps.

  1. Seek medical attention right away.
  2. Report your accident to a store manager or the property owner.
  3. Collect evidence in the form of photographs.
  4. Keep the clothes and shoes you were wearing for evidence.
  5. Write down the names of eyewitnesses.
  6. Get copies of your accident report and medical records.
  7. Consult with a lawyer for assistance.

Once you’ve reported your accident, taken photographs and seen a doctor, you’ve taken all the key steps to establish that the property contained a defect and that this is what caused your injury. A lawyer can help you from there.

Get Help From a Premises Liability Lawyer

Difficult questions, such as who is liable for your injury on a commercial property, can be answered by an experienced premises liability attorney. Hiring a lawyer to represent you can increase your chances of having a successful claim in Texas. Your lawyer can return to the scene of your accident, collect evidence, identify the defendant and build a strong claim to damages on your behalf. Then, your attorney can fight for maximum compensation for your injuries. Consult with a lawyer about your premises liability case today. If you need a slip and fall lawyer in San Antonio please visit https://www.herbert-texas.local/san-antonio-slip-and-fall-lawyer/ for more information.

Posted by Aaron Herbert at 11:07 am

What Can I Do if My Child Was Injured in a Haunted House?

Monday, October 11, 2021
Creepy music, dimly lit passages, and eerie décor set the stage for paying customers seeking to feel startled and scared in the classic Halloween-time haunted house. As costumed employees jump around corners and faux guillotines drop right in front of guests, people suffer premises-related injuries every year. In certain cases, haunted house owners bear responsibility for resulting injuries, and parents should take swift action to protect their children’s rights.

Types of Haunted House Injuries

Owners often lay out haunted houses in a way that disorients customers, creates sensations of unease, and directs the flow of traffic. If the owners and operators do not use extreme care during construction and employee training, they can create accident hazards and increase the overall risk of injury. Some of the most common types of haunted houses injuries include:
  • Actor-caused accidents. In character, some haunted house employees take their roles too seriously. They may grab guests or run into them with force. These actions can cause a child or adult to fall backwards, into other customers, or into a safety hazard.
  • Trampling incidents. In a particularly frightening moment, crowds may run together to get away from the startling image and knock down and/or trample unsuspecting children. Many reputable haunted houses limit the number of visitors allowed inside at one time to prevent these kinds of accidents.
  • Unsafe premises incidents. Haunted house operators must use reasonable care when constructing and maintaining the venue for the season. Improper ventilation, poorly secured props, rides, and exposed construction materials can all contribute to preventable injuries onsite. These oversights can result in injuries including carbon monoxide poisoning, lacerations, burns, and broken limbs.
The causes of these incidents are outside a visitor’s control. They can happen despite a visitor’s individual safety precautions.

Scare Related vs. Premises Liability Related Injuries

Haunted house owners are liable for injuries that arise from onsite hazards and negligent actions. However, all haunted house visitors assume a certain amount of risk the moment they walk through the entrance. If your or your child’s injury resulted from normal, safe, and age-appropriate haunted house conditions, the courts will likely side with the haunted house. Anxiety attacks and other fear-related injuries will generally not stand up as fair personal injury arguments in court. The most common type of injury is slip and fall injuries in San Antonino. The concept of assumption of risk will only protect a haunted house up to a point. You may want to discuss a scare related claim with a personal injury attorney before writing off legal action.

What to Do After a Haunted House Injury

Always make sure younger children visit haunted houses with appropriate adult supervision and that older children go in groups. As soon as you learn of the injury, take these steps:
  • Gather information. If you weren’t present at the time of injury, visit the area where your child was injured and take pictures. If you were with your child at the time of the incident, take pictures/video and ask people nearby for their account of what happened, while collecting names/contact information.
  • Report the injury to the haunted house manager or owner. Ask to file an incident report as soon as possible, and record the names of employees who talk to you about the incident. A haunted house employee may even serve as a valuable witness.
  • Take your child to a medical provider. Tell the physician about the incident and keep all medical records associated with the injury. A swift evaluation can link the injury to the haunted house and serve as a basis for your personal injury claim.
Most reputable haunted houses carry liability insurance to cover premises liability claims that arise onsite. Before you speak to an adjustor, accept a settlement, or let the case go, speak to an attorney. Your child deserves justice in incidents that involve haunted house negligence or malicious conduct, and taking action can prevent similar incidents in the future.
Posted by Aaron Herbert at 10:18 am

Common Defenses in Trucking Accident Cases

Saturday, October 9, 2021
Tractor-trailer accidents can lead to catastrophic property damage, severe injuries, even deaths. These accidents can happen for any number of reasons, including driver errors, faulty vehicle parts, poor maintenance, or aggressive driving. When a person suffers an injury in a trucking accident, he or she may attempt to pursue a personal injury lawsuit against the truck driver or trucking company. While some cases are open and shut, others are more complex, may involve multiple defendants, or there may simply be a lack of evidence that could help reach a speedier conclusion. Trucking companies carry insurance coverage for personal injury claims and often employ response teams that travel to accident sites to gather evidence. These responders look for any evidence to protect their employers from legal entanglements with plaintiffs injured in trucking accidents.

Common Defenses for Trucking Companies

The first step in handling any type of personal injury claim is establishing fault. While the plaintiff must prove the trucking company is at fault for his or her injuries, the trucking company will look for any reason to disprove or cast doubt upon a plaintiff’s claims. Some of the most common defenses these companies will use include:
  • Plaintiff fault. Some states follow comparative negligence laws that allow plaintiffs to secure compensation for damages even if they are partially to blame for those damages. In trucking accident cases, the trucking company will likely look for any evidence that the plaintiff is at least partially to blame for an accident.
  • Third parties. A trucking company may claim that a third party unrelated to the plaintiff or the trucking company caused the accident in question. In these cases, the trucking company must be able to prove a third party had a hand in the accident and may need to collect evidence such as traffic camera data.
  • Honest accidents. If the trucking accident occurred due to an unavoidable accident or honest mistake, the trucking company may be able to prove the driver was not negligent and the accident was inevitable. In these situations, the trucking company’s liability coverage may go toward the plaintiff’s damages, but the trucking company may escape liability for negligence.
  • Plaintiff exaggeration. Plaintiffs can only sue for actual harm suffered or measurable losses. The trucking company may argue that the plaintiff overestimated his or her losses or did not suffer any actual damages.
  • Lack of evidence. A trucking company may cite lack of proof of injury as evidence that the plaintiff lied or exaggerated his or her injuries. Plaintiffs should be certain to secure as much evidence as possible to prove the extent of their injuries and other damages. This also means providing evidence that a plaintiff’s medical treatment was appropriate, given the situation and the plaintiff’s injuries. Additionally, if the plaintiff claims lost wages as damages in a lawsuit, the plaintiff must be able to provide evidence of the lost income.
Plaintiffs injured in trucking accidents should work quickly to secure legal representation if they feel a truck accident lawsuit is necessary. The right attorney will help build a strong case with all the necessary supporting evidence for reaching a satisfactory verdict and help hold negligent trucking companies and drivers accountable for their actions.
Posted by Aaron Herbert at 6:29 pm

How to Prove Fault in a Wrongful Death Claim

Saturday, October 9, 2021

If your family wishes to file a wrongful death claim in Texas, you must learn how to navigate the legal process. One of the most important things to know is that it is your responsibility as the filing party, or plaintiff, to prove the fault of the party or parties you are blaming for your loved one’s death. You or your attorney must convince an insurance company, judge or jury that the defendant you have named is more likely to be responsible for the wrongful death than not.

What Are the Elements of a Wrongful Death Claim?

To have grounds for a wrongful death claim in Texas, you must have all of the necessary elements. Surviving family members can only file wrongful death lawsuits in Texas if the circumstances of the death fulfill the state’s definition of wrongful. According to Texas Civil Practices and Remedies Code Section 71.002, a wrongful death is one caused by the neglect, carelessness, unskillfulness, default or wrongful act of another person or agent.
The majority of wrongful death lawsuits are based on the legal doctrine of negligence. A party has been negligent if they failed to use an acceptable amount of care for a situation, such as a driver failing to pay attention to the road and causing a car accident. In general, proving a wrongful death claim based on negligence requires evidence of three elements: duty, breach and causation.
Duty refers to the duty of care, or the responsibility of the defendant to exercise reasonable care based on the circumstances. A breach can refer to any action or omission that falls short of the applicable duty of care. Causation means that the defendant’s breach of duty was the cause of the deceased person’s fatal injuries; that the death would not have happened were it not for the defendant’s actions. Unlike a criminal homicide case, it is not necessary to prove intent to kill in a wrongful death case. Even if the death was an accident, you may have grounds to file a wrongful death lawsuit.
 

How to Prove Fault in a Wrongful Death Claim 4

What Is the Burden of Proof?

As the plaintiff in a civil lawsuit, you have what is called the burden of proof. This means it is your responsibility to prove what you are claiming. The burden of proof changes according to the type of case. In criminal law, for example, it is proof beyond a reasonable doubt. This is the highest evidentiary standard. In civil law, however, the burden of proof is only a preponderance of the evidence. This is enough clear and convincing evidence to prove that the defendant is more likely than not responsible for the injury or death being claimed.

What Evidence Is Available in a Wrongful Death Case?

In a wrongful death lawsuit, you or your attorney must prove that the defendant caused your loved one’s death with at least a 50 percent certainty. You must do this using evidence. Evidence can refer to physical proof, documentation, oral statements or circumstantial evidence that supports the claim being made. Some of the most common examples of evidence used in a wrongful death claim in Texas are:

  • Accident report
  • Police report
  • Photographs and videos
  • Signed eyewitness statements
  • Testimony from experts
  • Medical records
  • Coroner’s report
  • Proof of losses, such as bills and receipts

The burden of proof requires clear evidence that convinces a judge or jury to side with the plaintiff. Collecting and presenting evidence are tasks that an experienced wrongful death attorney in Dallas can help you complete. An attorney can investigate the fatal accident, interview eyewitnesses, request copies of important records and take many other steps to build the most compelling claim possible.

How Can a Wrongful Death Attorney Help?

A wrongful death claim can be difficult to handle on your own. Increase your odds of securing fair financial compensation for the devastating loss of your loved one’s life by hiring a wrongful death attorney to represent you. An attorney can help you with the steps that are necessary to prove fault and get justice for your loved one.

Posted by Aaron Herbert at 9:50 am

How Can Medical Malpractice Result in a Spinal Cord Injury?

Wednesday, October 6, 2021

A spinal cord injury can have a devastating effect on a victim and his or her family. Some spinal cord injuries cause permanent damage, such as paralysis or chronic pain. It can be even more difficult to cope with a spinal cord injury knowing that it is connected to the malpractice of a medical professional. Unfortunately, medical malpractice is a common problem in Texas and throughout the U.S.

Medical Malpractice and the Spine

Medical practitioners must treat their patients with high standards of care. The medical industry has many strict rules and protocols that must be obeyed when it comes to patient treatment and care. If a doctor, nurse, surgeon or another medical professional falls short of the standards of care, the patient can suffer the consequences. This is what is known as medical malpractice. Medical malpractice can cause many different serious injuries to patients, including irreversible damage to the spinal cord or its surrounding nerves and tissues.
Examples of medical malpractice that can result in spinal cord injuries include:

  • Emergency room mistakes, such as failing to properly immobilize a patient’s head and neck.
  • Failure to diagnose a disease, such as meningitis or a tumor on the spine.
  • Anesthesia errors, which come with the risk of epidural hematoma and spine injuries.
  • Mistakes made during a surgery that lead to nerve damage or other spine injuries.
  • Chiropractic malpractice, where a chiropractor causes or worsens spinal cord trauma.

If a reasonable and prudent physician would have done something differently to prevent the patient’s spinal cord injury in the same or similar circumstances, the doctor or practitioner in question may be guilty of medical malpractice. If so, you will have the right to file a medical malpractice lawsuit against the doctor and/or hospital in pursuit of financial compensation for your related medical expenses, revision surgeries, emotional distress, pain and suffering, lost wages, and more.
 

How Can Medical Malpractice Result in a Spinal Cord Injury? 7

How Can a Spinal Cord Injury Affect a Patient?

A spinal cord injury can have a wide range of effects on a patient. Depending on the location, type and severity of the injury, the injury could cause physical pain, immobility, nerve damage or various levels of paralysis. Paralysis means that the victim loses feeling and function below the point of the injury on the spinal cord. There are different types of paralysis. A complete spinal cord injury can cause full paralysis, while an incomplete spinal cord injury may only partially take away the victim’s ability to move and feel.
The body parts that experience paralysis will also depend on the location of the injury. The higher up on the spinal cord the injury takes place, the more severe the related effects. An injury to the upper portion of the spinal cord (the cervical spine), for example, can cause quadriplegia – paralysis from the neck down. An injury to the lower half of the spine may cause paraplegia, or paralysis from the waist down. All spinal cord injuries are serious. If you were diagnosed with any type of spinal cord injury that you believe is related to medical malpractice, get assistance from an attorney.

What to Do if You Suspect You Are a Victim of Medical Malpractice

If you have reason to believe that your doctor, surgeon or another health care provider caused or contributed to your spinal cord injury in Texas, you have two years to file a medical malpractice lawsuit. Don’t wait, however, as the sooner you take legal action, the stronger your case. Act while important evidence is still available, such as accurate eyewitness statements. Contact a spinal cord injury attorney in Dallas as soon as possible to discuss your legal rights and options.
An attorney can investigate your spinal cord injury for signs of medical malpractice and collect any available evidence against the practitioner or hospital. Then, your attorney can guide you and your family through the legal process in pursuit of maximum financial compensation for your serious injury. Learn more about your specific spinal cord injury case by contacting a lawyer near you.

Posted by Aaron Herbert at 12:30 pm

Who’s Liable for Falling on an Uneven Sidewalk or Street?

Tuesday, October 5, 2021

A slip or trip and fall accident can cause serious injuries, including broken bones and concussions. If you get injured after falling on an uneven sidewalk or street, you may be able to bring a claim for financial compensation for your injuries and related bills. The party that is liable, or financially responsible, for your fall will depend on who owns the road and whether that party was negligent. Learn more about your rights as a fall victim in Dallas, Texas.

Who Is Liable for a Premises Liability Accident?

Premises liability is the area of law that holds the owner or controller of a property responsible for injuries that occur on that property. A property owner will only be liable for an injury, however, if the owner was negligent in preventing the injury. Negligence is the failure to use a normal amount of care or prudence for a situation. A property owner in Texas is negligent if he or she fails to keep a property reasonably safe for visitors. Property owners have three basic duties of care:

  1. Inspect land, buildings, roads and sidewalks for trip and fall hazards.
  2. Repair any discovered or already observed injury hazards.
  3. Warn visitors of defects that exist on the property that might not be obvious.

A property owner may not have all of these duties if the visitor is a licensee – someone who enters the property for their own purposes – or a trespasser. However, invitees, or guests invited to the property, are owed the highest duties of care. If a property owner does not meet his or her duty of care, the owner could be held liable for a resultant accident. In other words, liability will go to a property owner if another owner would have prevented the fall accident in similar circumstances.
 

Who’s Liable for Falling on an Uneven Sidewalk or Street? 9

Private vs. Public Property

Determining liability after you fall on an uneven sidewalk or street requires an investigation into who owns or controls the property. If you fell on someone’s private property, such as a private driveway or road, the individual owner of the property could bear responsibility for your accident. In most cases, a homeowners insurance company will pay for injuries to others that arise because of property defects.
If you fell on a publicly owned sidewalk or street, however, the government entity that owns the land may be liable. If you fell on a public sidewalk in downtown Dallas, for example, the City of Dallas may have to pay for your accident and injuries. Municipalities have the same responsibilities as private property owners to maintain safe premises. If there is evidence that the government entity in charge of maintaining safe roads and sidewalks knew or should have known about a hazard but failed to remedy it, the municipality is liable for your injuries.

How Can You Prove Government Negligence?

If you need to bring a trip and fall accident lawsuit against a city, county or another government agency in Texas, it is important to understand what is required of you as the filing party, or plaintiff. The burden of proof rests with your side of the case. This means it is your responsibility to prove that the defendant is liable, not the defendant’s responsibility to prove that he or she is not liable. The burden of proof in a premises liability lawsuit is a preponderance of the evidence. This is enough clear and convincing evidence to prove that the defendant more likely caused your accident than not (with at least 50 percent certainty).
It is up to you or your premises liability lawyer to establish that the government that owned the sidewalk or street where you fell should have done more to prevent the accident, such as sending a maintenance crew to repair an uneven curb or marking the area off with hazard tape. This may require evidence such as photographs and surveillance footage, previous complaints submitted to the city for the uneven road, eyewitness statements, and expert testimony. An experienced attorney can help you collect evidence to support your claim against the government for your fall accident.

Posted by Aaron Herbert at 1:31 pm

What Should I Do If I See a Drunk Driver on the Road?

Saturday, October 2, 2021

According to the Centers for Disease Control and Prevention (CDC), drunk driving results in the loss of approximately 29 lives every day in the United States. Drunken driving also costs American taxpayers about $44 billion every year and accounts for about 28% of all traffic-related deaths in the country. The best thing you can do as a driver to curb these statistics is to refrain from driving under the influence. You can also help prevent DUI-related accidents by knowing how to spot a drunk driver and what steps to take when you do.

Spotting a Drunk Driver

While you are more likely to encounter a drunk driver at night or over the weekend, the reality is that drunk drivers could be on the road at any time. Some of the warning signs of a drunk driver include:

  • Driving well below the speed limit or excessively speeding
  • Erratic maneuvers like swerving, sudden lane changes, or jerky steering motions
  • Sudden braking
  • Quick acceleration from a red light or stop sign
  • Driving without headlights at night
  • Running through stop signs or red lights
  • Swerving onto the shoulder or into opposing lanes

This is not an exhaustive list. It is vital for all drivers to be aware of vehicles displaying these or other worrying signs. If you notice a driver who appears to be intoxicated, it’s better to err on the side of caution and report the driver.

Reporting a Drunk Driver

A drunk driver on the road is an immediate hazard to everyone around him or her. You must call 911 to report a drunk driver as soon as it is safe to do so. You may also want to give your local police department a call to confirm its policy for reporting drunk drivers. Some areas offer tip lines for drivers to report unsafe behaviors while other local laws may require you to contact the police at their non-emergency number. However, if a drunk driver presents an immediate threat or causes an accident in front of you, call 911. If the drunk driver causes an accident resulting in severe injury or fatality a drunk driving accident attorney in Dallas can help get the victim and family compensation they deserve.
There are a few things to note about the car before calling, and you should pull over or park somewhere legal and safe to do so. Try to obtain the following information about the suspected drunk driver before calling the police:

  • The car’s color, make, and model
  • The license plate number
  • A description of the driver, if possible
  • The direction in which the driver was travelling
  • Notable landmarks or intersections near where you last saw the suspected drunk driver
  • A description of the driver’s behaviors

Once you provide the police with this information, a dispatcher will notify the patrolling officers in the area to keep an eye out for the suspected drunk driver. While it’s difficult to determine how often concerned citizens’ calls lead to arrests, it’s safe to say that many law enforcement officers throughout the country have successfully stopped drunk drivers before they hurt themselves or others thanks to the reports of other concerned drivers.

When a Drunk Driver Hits You

A drunk driver is highly likely to cause a serious accident, potentially injuring him or herself as well as others. Alcohol impairs judgment, makes it difficult to determine speed and distance, and hinders reaction time. Many DUI-related crashes happen at high speeds, resulting in death or serious injuries to those involved.
If a drunk driver hits you on the road, you’ll need to call 911 immediately to report the crash. The at-fault driver will face criminal charges for DUI, and you can recover compensation for your damages through a civil action against the at-fault driver. If you or a loved one recently suffered injuries and property damage due to a drunk driver, contact an experienced personal injury attorney to discuss your options for legal recourse.

Posted by Aaron Herbert at 3:48 pm

How to Prove Negligence in a Slip and Fall Case in Dallas

Friday, October 1, 2021

If you get injured in a slip and fall accident in Dallas, you may be entitled to financial compensation from the property owner or another party. Before you can recover compensation for your medical bills and other losses, however, you or your attorney must prove negligence. This legal requirement asks for evidence proving that the defendant caused or contributed to your accident.

What Is Negligence?

In personal injury law, negligence is the failure to use a normal or reasonable amount of care based on the circumstances. In a premises liability case, for example, negligence may be a property owner intentionally ignoring a property hazard or defect. Negligence consists of four key elements:

  • Duty of care, or an obligation to act with care and prudence.
  • A breach or violation of the duty of care.
  • A causal link between the defendant’s breach and the plaintiff’s injury.
  • Compensable losses suffered by the plaintiff.

If a reasonable and prudent party would have done something differently in the same situation, the party in question is most likely guilty of negligence. When one person’s negligence injures someone else, the negligent party can be held financially responsible, or liable, for related losses.
 

How to Prove Negligence in a Slip and Fall Case in Dallas 12

Examples of Negligence in a Slip and Fall Accident Case

Many different examples of negligence could cause a slip or trip and fall accident in Texas. If the property owner reasonably should have known about the risk or defect that caused your accident, yet did nothing to remedy the hazard, he or she may be liable for your losses. Examples of property owner negligence that can cause slip and falls include:

  • Store employees ignoring slip and fall hazards.
  • Failing to follow a cleaning or mopping schedule.
  • Failing to post “Warning: Wet Floor” signs when necessary.
  • Ignoring dangerous weather, such as rain or snow.
  • Allowing a staircase to fall into a state of disrepair.
  • Ignoring the need to repair an uneven curb or surface.
  • Using lighting that is too low.
  • Failing to equip nursing home residents with proper footwear.
  • Failing to properly maintain a property.

As the plaintiff, or filing party, in a slip and fall case in Texas, it is up to you or your attorney to prove that the defendant was negligent and that this caused your accident. Meeting the burden of proof requires clear and convincing evidence of negligence or fault.

Evidence in a Slip and Fall Case

Evidence can refer to any records, information or data that can help you prove the claim that you are making is more likely to be true than not true. This is the burden of proof in a slip and fall case, known as a preponderance of the evidence. Take the following steps to collect evidence to support your legal claim as an injured accident victim in Texas:

  1. Immediately after your slip and fall accident, talk to eyewitnesses and report the incident to a staff member or supervisor.
  2. Take photographs while you are still at the scene of the accident, taking special care to capture the puddle, slippery surface or hazard that caused your accident.
  3. If there are surveillance cameras that might have caught your fall on tape, request a copy.
    After going to a hospital for immediate medical care, request copies of your medical records.
  4. Work with a slip and fall accident lawyer to gather other forms of evidence, such as maintenance logs.

The best way to prove negligence in a slip and fall case in Texas is with assistance from an attorney. An attorney will understand how to prove your case, as well as the best ways to negotiate with an insurance company for maximum financial compensation. You can relax and focus on healing while your lawyer takes the necessary steps to prove your case. Consult with a premises liability lawyer in Dallas today if you’ve been injured in a slip and fall accident.

Posted by Aaron Herbert at 10:02 am