How Can Social Media Affect My Personal Injury Claim?

Thursday, June 30, 2022

During a personal injury claim in Dallas, the insurance company responsible for assessing your eligibility for benefits will not want to maximize your payout. Diminishing your injury claim is the insurance company’s main mission. One thing an insurance company may use to investigate your claim is your social media accounts. Be careful what you post, as it could be used as evidence against you.

Social Media Is Admissible Evidence

Your social media profiles are not off-limits during a personal injury claim. Even if you have your account set to private, everything you post is accessible to an investigator. This includes private messages and posts you have deleted. If an insurance company finds evidence on your social media accounts that is relevant to your case, it can submit it to the courts. Social media accounts are a form of electronic records that are considered written documents under Texas law. This makes anything you post on social media admissible as evidence in court.

How Can Posting On Social Media Hurt Your Claim?

Posting things on social media after an accident may seem harmless. After all, it is not on official record and it is used for personal reasons. Since an insurance company can use social media content as evidence against you, however, it is important to recognize the power of what you post. Many accident victims make the mistake of posting things on social media that diminish the values of their injury claims.

Information about the case. It is natural to want to talk about your recent accident or injury on social media. Try to avoid posting any information about your case until it is over, however. An insurance company can compare what you post to the facts reported on your claim. Even a minor contradiction could ruin your reliability and hurt your chances of recovering damages.
Photographs of you out with friends. Posting pictures out and about with your friends on Facebook or Instagram could show an insurance company that your injury is not very serious. Pictures of you enjoying normal life, such as on vacation or at a bar, will contradict your story if you are pursuing compensation for pain and suffering.
Location check-ins. During your personal injury claim, your goal should be to show an insurance company that the accident interfered with your enjoyment of daily life. Checking in at different locations could go against your injury claim. If you claim you broke your leg, for example, checking in at the gym could show an insurance company that you are physically able to continue your daily tasks.

Insurance companies and defense lawyers will almost always check a claimant’s social media accounts for information or evidence. They will look at sites such as Facebook, Instagram, Twitter and Snapchat for things to use against a client to diminish his or her payout. The best way to protect yourself during an injury claim is not to post anything on social media at all.

Social Media Dos and Don’ts During an Injury Claim

Although it may be difficult to stay off of social media while a personal injury claim is pending, this could be critical for your case. Posting or doing the wrong thing on a social media account could hurt your injury claim.

Do: change all of your social media settings to private.
Do not: post anything about your accident or injury.
Do: screen your friend requests and avoid interacting with people you do not know.
Do not: respond to any questions or comments about the accident.
Do: warn friends not to post any photos of you.
Do not: post new photographs or videos of yourself after your accident.

When in doubt, stay off of social media completely until your case concludes. This is the most effective way to protect your rights. For more assistance protecting yourself during a personal injury claim, hire an attorney to represent you.

Posted by Aaron Herbert at 12:39 pm

Can You Be Sued for Texting a Driver?

Thursday, June 30, 2022

The age of technology has brought about some interesting questions regarding liability. Although people may not have a physical influence at the scene of a crime or accident, their electronic presence could impact one party’s ability to perform certain duties. Although it is not yet a criminal act to text someone who is driving, more people are beginning to question the liability of texters due to recent law suits.

The Case of the New Jersey Texter

In 2009, a New Jersey couple was badly injured by a driver whose truck drifted into their lane. After settling with the driver, the couple decided to go after his girlfriend as well because she texted him before the crash and was said to be the cause of his distracted driving. The court could not prove the driver’s girlfriend knew he was driving when she sent the text, and, therefore, she was not liable. However, this case led to many questions about the liability of those who text a driver.

What Does the Law Say?

The driver of a vehicle is responsible for operating under a “duty of reasonable care.” This means drivers must take an ordinary amount of care to ensure the safety of passengers and others on the road. If the prosecution proves a driver breached the duty of care, and that breach resulted in harm or injury to others, the driver is guilty of negligence. IT’s extremely important to work with a car accident lawyer to fully understand the laws and your rights. Can You Be Sued for Texting a Driver? 3

In some states, the passenger of a vehicle must also act with reasonable care. If the passenger doesn’t take reasonable care, he or she could bear the guilt in an accident. It usually takes a great deal of investigation to prove liability in such a case. If a non-driver’s text directly affected the driver’s ability to act with reasonable care, the texter could be found guilty if a prosecutor proves he or she was aware the driver was operating a vehicle at the time. Because the texter is not physically in the vehicle, liability is even more difficult to prove, but it’s not impossible.

Elements of Negligence

For the courts to find someone guilty of negligence, the prosecution must prove all elements of negligence. First, the prosecution must establish a duty of care based on the relationship between the defendant and plaintiff. All drivers assume a duty of care when they operate a vehicle, and it extends to those with direct impact over the driver’s behavior. Once the prosecutor establishes the texter has a duty of care, he or she must prove the texter broke that duty by sending the text. If the prosecutor can prove a breach of duty, there also needs to be evidence that the breach caused the harm or injury. The law calls this a “cause in fact” or “but-for” causation. If the defendant could have reasonably foreseen the resulting harm, even if the actions did not directly impact the damages (such as texting from a different location), his or her actions fall under proximate cause, and the courts can still apply liability. Lastly, the law must legally recognize the harm, known as damages, resulting from the defendant’s actions to prove liability in a negligence case.

How to Avoid Liability

Even though it can be difficult to prove liability of a texter in a text-related accident, all involved parties should be careful. If you suspect the person you are texting might be on the road, don’t send the text. It is better to be overly cautious than to unwittingly cause an accident. Additionally, if you are the driver of a vehicle, don’t let new messages distract you from your responsibility to drive with care. As tempting as it may be, checking your phone while driving could cause harm to you, those around you and possibly your message sender.

Posted by Aaron Herbert at 10:39 am

What to Do If You Fall in a Store

Tuesday, June 28, 2022

Slip and fall accidents are one of the most common causes of serious injuries in the U.S. Falls, in general, account for about eight million hospital visits each year, while slip and falls alone account for one million. You could slip and fall when you least expect it – such as while grocery or clothes shopping. If you do suffer an injury in a slip and fall accident, take the right steps toward financial recovery.

Report Your Fall

As soon as you fall in a store, tell somebody about the accident. Ask the first staff member you see to get a manager or supervisor to the scene. Request an official accident report. If you feel too injured to move, ask someone to call 911 and request paramedics. Tell the manager what happened in detail: where you were, what you think caused you to slip, and the time and date of the accident. Getting all the facts down on paper while they are still fresh in your mind can help you build a slip and fall case against the store later. Keep a copy of the accident report.

Take Pictures

While still at the scene of the slip and fall, take photographs. Use your cellphone or a camera to take pictures of the aisle or location where you fell, the slippery condition, any surrounding property damages or warning signs, and your personal injuries. Photographs can serve as indisputable evidence during a slip and fall accident claim, such as that the floors were wet or covered in food debris. If you cannot take pictures, ask an employee of the store (or a friend or family member) to do so for you and to send them to you, if possible.

Talk to Witnesses

If anyone saw the slip and fall accident happen, get that person’s full name and contact information. You may also ask if the eyewitness is willing to give a statement. You can record the statement right there, on your cellphone, or explain that someone will call the witness later for an official statement. Eyewitness accounts may support your version of events, such as that the dangerous condition was present for half an hour or more before your fall. If you do not wish to talk to witnesses directly, simply get their information and give it to an attorney to handle the rest. Do not harass or pester witnesses, as they may become unwilling to cooperate.

Go to the Hospital

Go directly to a hospital or health care center for a physical evaluation. A doctor can diagnose an injury you suspected you had based on your symptoms. A doctor could also find an injury you were unaware you had, such as a slipped spinal cord disk you did not feel because adrenaline from the fall was masking the pain. Prompt medical care is an important step for your insurance claim. An insurance company could allege that you exacerbated your injuries by delaying medical care if you wait too long to see a doctor. Keep copies of all medical records, treatment plans, and hospital bills.

Contact a Slip and Fall Attorney

It can be difficult to obtain fair compensation for a slip and fall accident in a store in Texas. A storeowner may refute liability by saying you should have noticed and avoided the dangerous condition, or by alleging that its employees upheld a reasonable standard of care by cleaning the floors regularly. Furthermore, if you suffered soft tissue injuries, such as a pulled muscle, it may be more difficult to prove than an injury that shows up on x-rays, such as a broken bone. Regardless of the specifics, contact a Dallas slip and fall attorney for assistance with your injury claim. A lawyer will help you take the next steps toward recovering fair compensation.

Posted by Aaron Herbert at 10:41 am

What Damages Can Be Recovered in a Wrongful Death Case?

Thursday, June 23, 2022

In personal injury law, damages refers to the amount of money granted to a victim for a breach or violation of a duty of care by a defendant. Damages are awarded to make an injured party whole again after suffering a loss or injury due to a wrongful act. Although no amount of money can reimburse a family for a loss of life, the damages available in a wrongful death claim in Dallas can help a family achieve justice and greater financial stability in the future.

What Damages Can Be Recovered in a Wrongful Death Case? 7

Lost Earnings

There are two broad categories of damages available in a wrongful death case in Texas. The first permits beneficiaries of the deceased person (the decedent) to recover for their losses connected to the loss of a loved one’s life. The second reimburses the decedent’s estate for the losses he or she suffered between the date of the accident and the date of death.
One type of financial compensation that falls into the second category is lost earnings. This refers to the deceased individual’s lost wages, lost employment benefits and lost capacity to earn, including the wages he or she foreseeably would have earned in the future, had the fatal accident not occurred. The amount recoverable in lost wages will depend on the decedent’s income and age at the time of death.

Lost Inheritance

Lost inheritance reimburses surviving family members for the value of what the deceased person likely would have saved and bestowed to surviving beneficiaries had he or she lived a normal expected lifetime. This can include inheritance in the form of savings, property, a 401(k), retirement benefits, stocks and bonds, and other investments. The courts will estimate what the decedent likely would have made and passed onto his or her heirs had the fatal accident not taken place.

Lost Services, Support and Love

Lost services and support is an intangible category of damages that refers to survivors’ losses of the decedent’s household services, such as chores, cooking, childcare and handiwork. This damage category can also refer to the loss of the decedent’s love, companionship, care, advice and comfort given to loved ones. These losses can apply to a parent-child relationship as well as a spousal relationship.

Pain, Suffering and Emotional Distress

A successful wrongful death lawsuit can reimburse family members for their emotional distress and mental anguish, as well as the decedent for his or her pain and suffering in the time leading up to the death. This damage category can encompass physical pain, emotional suffering, distress, psychological trauma, post-traumatic stress disorder, depression, anxiety, reduced quality of life and many other noneconomic damages connected to the unexpected loss of life.

Exemplary Damages

Texas Revised Statute Section 71.009 states that if a death is caused by a willful act or omission, or by gross negligence on the part of the defendant, the plaintiff may recover exemplary damages in addition to actual damages. Gross negligence is a reckless disregard for the safety of others. Exemplary damages, also known as punitive damages, serve to punish a defendant rather than reimburse a plaintiff. A judge will determine an amount in punitive damages, if any, based on the circumstances of the individual case.

How Much Is Your Wrongful Death Case Worth?

There is no such thing as an average settlement value for a wrongful death case. The value of your family’s wrongful death case will depend on many factors and circumstances unique to you. A wrongful death lawyer in Dallas will review the specific facts of your case and give you an accurate evaluation.
Then, your attorney can negotiate with an insurance corporation on your behalf or represent your family during a trial. A lawyer will fight for maximum financial compensation to give your family justice, closure and the recovery you need to move forward. For more information, contact The Law Firm of Aaron A. Herbert to request a free wrongful death case review.

Posted by Aaron Herbert at 3:38 pm

How Common Are Truck Accidents and Crashes?

Wednesday, June 22, 2022

Truck accidents are often catastrophic for the victims involved. They are some of the most dangerous types of collisions on the road, involving trucks that can weigh more than 80,000 pounds – about 20 times more than the average passenger car. Truck accidents, injuries, and deaths are almost always preventable. Yet every year, thousands of people lose their lives and suffer life-changing injuries in accidents with commercial trucks. Talk to a Dallas truck accident lawyer if you have been injured in a semi truck-related accident.

How Often Do Truck Accidents Occur?

Truck accident facts from the Federal Motor Carrier Safety Administration state that close to 4,700 large trucks had involvement in fatal accidents in 2017. This was a 10% increase from 4,251 trucks in 2016. In addition, 107,000 injury crashes and 363,000 property-damage-only accidents involved big rigs in 2017. Most fatal truck accidents occurred in rural areas (57%) and interstate highways (27%). Thirty-five percent (35%) occurred at night.

Truck accidents involved hazardous materials in 3% of fatal large truck crashes and 2% of nonfatal crashes in 2017. The first harmful event in the majority of fatal truck accidents (74%) in 2017 was the collision with a vehicle in transport. Rollover was the first event in 4% of fatal truck accidents. About 5% of truck drivers involved in fatal accidents (252 total drivers) tested positive for drugs.

Statistics for 2018 from the Insurance Institute for Highway Safety state that 4,136 victims lost their lives in collisions with large trucks. The majority (67%) of these deaths were passenger vehicle occupants, while 16% were truck occupants and 15% were motorcyclists, bicyclists or pedestrians. Sixty-two percent (62%) of accidents that killed large truck occupants involved other large trucks, in multiple-vehicle crashes. In 2018, 11% of all traffic fatalities involved large trucks.

Why They Happen

Truck accidents occur more often than most drivers realize. It is a common assumption that large trucks are safe due to federal regulations. In reality, however, many trucking companies cut corners to save time and money on transports. People die every day in preventable commercial trucking accidents, including rollovers, jackknife accidents, rear-end collisions, underride accidents, and head-on collisions. Most of these accidents stem from the same few causes.

Speeding is the most common driver-related cause of fatal truck accidents. Speeding can refer to driving faster than the speed limit or too fast for conditions. If it is raining or snowing, for example, a truck driver may need to slow down to below the speed limit.
Distraction/inattention. Driver distraction or inattention was the second most common driver-related crash cause. Driver distractions often include cellphones, food and drink, the radio, passengers, personal grooming, and things happening outside the cab.
Drug and alcohol involvement was the third leading cause of fatal truck accidents in 2017. Impaired truck drivers may be unable to safely control their rigs, leading to catastrophic collisions.
Truck defects. A truck defect can refer to manufacturing mistakes – such as bad brakes – maintenance errors or cargo loading issues. It is a trucking company’s responsibility to properly load and maintain its trucks. Failure to do so can contribute to tire blowouts, lost cargo loads, rollover accidents and other problems.
Dangerous roads. Some fatal truck accidents start with a roadway hazard or defect, such as a pothole, uneven shoulder, dangerously designed road, malfunctioning traffic light or obscured stop sign. It is the city’s responsibility to adequately maintain its roads and highways.

Recognizing why truck accidents and crashes happen can help drivers avoid the most common risks and potentially prevent collisions. Trucking companies and their drivers cause many collisions, while others stem from mistakes on the passenger vehicle driver’s part. Either way, most truck accidents are preventable. After a serious truck accident that causes injuries or deaths, the at-fault party may be liable for victims’ damages.

Posted by mockingbird at 12:47 pm

If a Jaywalker Is Hit by a Car, Who’s at Fault?

Wednesday, June 22, 2022

When we think of accidents involving pedestrians and fault, we often assume that the motorist is at fault. In driver’s education courses, we’re often taught that pedestrians have the right of way. In certain situations, however, pedestrians can be liable for accidents, either partially or wholly.

How Do We Determine Fault?

Imagine witnessing a car hit a pedestrian. When telling a friend about the accident, you maintain that it was the pedestrian’s fault because he or she ran out in front of the vehicle before the driver could react. In some cases, assigning fault is this simple. There’s little a motorist can do when a pedestrian runs out in front of traffic. In these situations, witness testimony like yours may help an insurance adjuster arrive at that decision. Insurers may also look at police reports, traffic cameras, and whether or not the driver was following all applicable laws. It’s important to discuss your situation with a car accident lawyer to understand your rights and possible compensation. If a Jaywalker Is Hit by a Car, Who’s at Fault? 9

If a Jaywalker Is Hit by a Car, Who’s at Fault? 9

In the case that the driver is wholly at fault, the pedestrian will easily recover damages from the driver’s insurance policy for economic and general damages. The main hassle in these circumstances is fighting with an insurance company to raise its lowball offers. In the event that a pedestrian shoulders all the blame for an accident, he or she likely won’t get compensation for subsequent injuries. In fact, the driver may be able to file a personal injury claim if he or she was injured in the process of swerving, or if the insurance company won’t cover the full cost of property damage. Instances in which a pedestrian may be fully at fault include jaywalking (crossing in the middle of the street), crossing against a traffic signal, walking along a highway, or walking while intoxicated.

What About Shared Fault?

Even in these scenarios, a driver may shoulder at least part of the blame for an accident. For example, a motorist may be partially at fault for a jaywalking accident if he or she was speeding even just a few miles over the limit. Distracted driving is another common reason for shared fault in jaywalking cases. When both the pedestrian and driver are a fault, the courts turn to one of two different legal concepts to guide their decisions in personal injury claims: contributory negligence or comparative negligence.

What Is Comparative Negligence?

Most states, including Texas, use the principle of comparative negligence to determine the proportion of fault in personal injury cases. A handful use an all-or-nothing system called contributory negligence to settle personal injury claims, stating that a guilty party must be 100% at fault for an injured person to collect a personal injury settlement. While these cut down on the number of personal injury cases the courts see, they’re rarely fair. San Antonio and surrounding areas use a comparative negligence rule when an injured person, like a jaywalking pedestrian, shares some of the blame for an accident. Under this rule, the victim can collect damages from another at-fault party, but the settlement will be reduced by his or her fair share of fault. For instance, imagine a driver was texting a friend when a jaywalker stepped out in front of him or her. The vehicle strikes the pedestrian, causing extensive injuries. The pedestrian sues the driver for damages, and a jury determines that the driver was 60% at fault for the accident. The pedestrian is entitled to damages minus his or her proportion of fault. Texas follows what’s known as the 51% rule, meaning an injured party can recover damages if he or she is 50% at fault or less.

Have You Been Injured in a Pedestrian Accident?

If you’ve been injured by a vehicle, you may be eligible for compensation—even if you were jaywalking. Contact our office for a free case evaluation to see if you qualify.

Posted by Aaron Herbert at 12:03 pm

What To Do After a Rear-End Car Accident

Monday, June 20, 2022

Although many rear-end car accidents are minor collisions, they have the propensity to be severe and even catastrophic. If a commercial truck rear-ends a small passenger car, for example, the injuries can be devastating. Knowing exactly what to do after a rear-end car accident in Dallas can help you effectively protect your rights as an injured victim, as well as help you from feeling overwhelmed in the aftermath of a collision.

What To Do After a Rear-End Car Accident 11

Pull Over and Check for Injuries

You legally must pull your car over immediately after any type of motor vehicle collision according to Texas law. Failing to pull over after a rear-end car accident could lead to a hit-and-run charge against you. This is a serious crime that can come with hefty fines and jail time.
Pull over as close as you can to the scene of the rear-end collision without putting yourself in danger. Turn on your hazard lights and check yourself and your passengers for injuries. When it is safe to do so, exit your vehicle and ask if anyone in the other car has been injured.

Call 911, If Necessary

If anyone has been injured in the rear-end collision, if anyone appears unconscious or bleeding, or if you believe there has been at least $1,000 worth of property damage, the law in Texas requires you to call 911 to report the collision immediately.
You should also call the police if your rear-end accident involves an uninsured driver, a drunk driver, or a hit-and-run. Calling the police can create an official accident report that your insurance company can use to assess your claim later. You or the police will need to file a report with the Texas Department of Transportation, as well.

Exchange Information With the Other Driver

While you wait for the police to arrive, spend the time exchanging information with the other driver. You and the other driver should exchange names, addresses, phone numbers, license plate numbers and car insurance information. You should also write down other accident details for your own records, such as the date, time and location of the crash, plus a description of the other driver’s vehicle.

Do Not Admit Fault

While it is important to remain polite and not get aggressive with the other driver, it is also important not to apologize for the crash or admit any fault for the accident. Admitting fault could automatically bar you from financial recovery. Even if you are the rear driver and believe you caused the crash, refrain from admitting fault. Wait for a thorough investigation of the collision to identify the at-fault party. There may be other factors at play that you are unaware of, such as a dangerous road defect or the other driver’s comparative fault.

Document the Crash

Something else you can do while you are waiting for the police is document the crash. Use a camera or smartphone, if possible, to take photographs of the scene of the rear-end car accident. Obtain the names and contact phone numbers of any eyewitnesses, as well. If any local businesses caught the rear-end collision on surveillance cameras, request copies.

Watch for Hidden or Delayed Symptoms

Go to a hospital right away after a rear-end car accident in Dallas. Rear-end collisions can cause many serious injuries, including whiplash, broken bones, muscle strains, lacerations and traumatic brain injuries such as concussions. You may or may not notice the signs and symptoms of an injury immediately; however, going to a doctor without delay can lead to prompt diagnosis and treatment even with hidden or delayed symptoms.

Consult With a Car Accident Lawyer

If you encounter problems or challenges during the insurance process after a rear-end car accident in Dallas, consult with a Dallas car accident attorney for assistance. If the other driver’s insurance company is refuting fault, for example, or not offering as much as you believe your injuries are worth, an attorney can help.

Posted by Aaron Herbert at 4:05 pm

San Antonio Pedestrian Accidents – Child Pedestrian Injuries

Saturday, June 18, 2022

San Antonio Child Pedestrian Injury Attorney

Child pedestrian injuries and deaths due to motor vehicle related incidents nationwide average 20,000 incidents each year. The majority of child pedestrian injuries and deaths occur at non-intersection locations.

When a child suffers an injury or is killed in an auto accident, parents and other family members are often left with many unanswered questions. It is understandable to feel overwhelmed, but help is available to get you through this. If the crash was the result of negligence, such as a distracted driver, a dangerous roadway, or a faulty vehicle part, the injured child or the family members of the deceased child have a legitimate claim for damages.

The Law Firm of Aaron A. Herbert’s personal injury attorneys and staff are sympathetic to and resourceful for those affected by a serious car collision involving a child. For years, we have fought to protect the rights of our clients, assisting them in their pursuit of justice for compensation. We offer a free, no obligation consultation with a board certified personal injury attorney. We will listen to what happened, we will explain all of your legal rights and we will fight to protect those rights. There is no fee or case expenses unless we recover in your case.

While these accidents are tragic and most often the fault of careless drivers and not the fault of the child or child’s parents, the following are tips can at least help reduce the risk of being hit by a careless driver.

PEDESTRIAN SAFETY TIPS

Teach Kids How to Walk Safely

Teach kids at an early age to look left, right and left again before crossing the street. Then remind them to continue looking until safely across.
It’s always best to walk on sidewalks or paths and cross at street corners, using traffic signals and crosswalks. If there are no sidewalks, walk facing traffic as far to the left as possible.
Teach kids to make eye contact with drivers before crossing the street.
Children under 10 need to cross the street with an adult. Every child is different, but developmentally, most kids are unable to judge the speed and distance of oncoming cars until age 10.
Encourage kids to be especially alert for cars that are turning or backing up.
Teach kids not to run or dart out into the street or cross between parked cars.
If kids are walking when it’s dark out, teach them to be especially alert and make sure they are visible to drivers. Have them wear light- or brightly-colored clothing and reflective gear.

Take Action Against Distraction

Teach kids to put phones, headphones and devices down when crossing the street. It is particularly important to reinforce the message with teenagers.
Pull headphones down or turn off the volume before crossing the street.
Be aware of others who may be distracted and speak up when you see someone who is in danger.
If kids need to use a cell phone, teach them to stop walking and find a safe area to talk.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:

Traumatic brain injury (TBI).
Spinal cord injury.
Limb loss and traumatic amputation.
Internal injuries.
Disfigurement.
Fractures, such as a broken leg, arm, rib or pelvis.
Neck and back injuries.
Sprained or torn ligaments.
Contusions, lacerations and abrasions.

In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city, Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. /contact/”>Contact Us today for a free, confidential consultation.

Posted by Aaron Herbert at 12:37 am

Who Is Liable for a Self-Driving Car Accident?

Friday, June 17, 2022

Self-driving cars are meant to improve the safety of the road, not add to the annual number of traffic accidents, injuries and deaths. Unfortunately, many self-driving car accidents have caused serious injuries and taken lives since their debut. Although a self-driving car reduces the risk of human error, it comes with its own hazards related to complicated autonomous technologies. If you get injured in a self-driving car accident in Texas, liability for your crash can be difficult to determine. This is why it’s important to work with a car accident lawyer in Dallas to help resolve your claim and get you the best possible outcome.

Human Operator

One goal within the self-driving car industry is to manufacture vehicles that are 100% autonomous and require no human input to operate. The current reality, however, is that most autonomous vehicles require a human operator or supervisor. This leaves room for human error. One deadly crash in a Tesla operating on autopilot, for example, occurred as a result of the driver failing to heed the car’s warning to take the wheel. If a human operator is partially or wholly to blame for a self-driving car accident, he or she will be liable for damages.

Technology Company

One of the challenges of self-driving cars is the complex autonomous technology. Self-driving vehicles use cutting-edge technologies to operate – technologies that are often new and not thoroughly tested. If this technology fails in use, it can cause a car accident. This was the case in another fatal Tesla accident on autopilot in 2019, when the vehicle’s radar failed to detect a semi-truck.
If self-driving technology contains a defect and malfunctions, causing a car accident, the company responsible for the technology could be liable. In many cases, the technology company is different from the vehicle manufacturer. For example, Uber’s self-driving vehicles rely on Nvidia Corp to develop its microchips. If an investigation finds the autonomous technology to blame for an accident, the company that made the defective part will be responsible.

Vehicle Manufacturer

The manufacturer of the self-driving vehicle could be liable for a crash if the cause of the accident traces back to a defect in the vehicle’s design, assembly or marketing. If the manufacturing company made an error while designing the vehicle that makes it unreasonably dangerous for consumers, for example, the company would be liable for a related collision. Many car companies have joined the race to develop self-driving cars, including:

Argo AI
Audi
Baidu
Cadillac
GM
Google/Waymo
Tesla
Toyota
Uber
Volvo

Under Texas’ product liability laws, an injured accident victim will not need to prove negligence for a claim against a manufacturer, in most cases. Instead, it will be enough to prove that the self-driving car contained a defect and that this defect caused the car accident. These two facts will make the manufacturing company liable even if it was not negligent.

The Government

Another liability possibility is the government agency responsible for safety rules and regulations for self-driving cars. The state government may be liable, for example, if it had lax rules for safety-testing self-driving cars, and if this contributed to a serious car accident during an autonomous vehicle pilot test. Federal, state and local governments must take citizen safety seriously while granting companies permission to safety-test their vehicles on public roads.

Third Party

Some self-driving vehicle accidents are not related to factors specifically associated with autonomous technology. If a driver outside of the self-driving car caused the crash by texting and driving, for example, that driver would be liable. Other possibilities include the local government for a roadway defect, a property owner for a dangerous parking lot and an employer for a negligent on-duty driver.
Determining liability for a self-driving car accident in Texas can be challenging. For assistance with your particular car accident case, contact a lawyer near you.

Posted by Aaron Herbert at 1:16 pm

Who Is Liable If a Recalled Car or Truck Caused the Accident?

Thursday, June 16, 2022

Most car accidents are preventable and related to human error, such as a driver speeding or driving distracted. Some, however, are connected to defects with the vehicle that a driver has no control over.

Despite safety technologies improving in the automotive industry, 2018 had more light vehicle safety recalls than any other year in US history – 341, according to Stout’s 2019 Automotive Defect & Recall Report. If you get into an accident related to a recalled car or truck, find out who is liable.

Who Is Liable If a Recalled Car or Truck Caused the Accident?

Common Car and Truck Defects

Although many different types of recalled products can cause serious consumer injuries, auto part defects are particularly dangerous. Even a minor auto defect could act as a catalyst for a serious car accident. Common car and truck defects connected to motor vehicle accidents are:

Brake failure
Sticky gas pedals
Tire blowouts
Electrical issues
Exploding airbags
Seat belt malfunctions
Seatback failure
Problems with the steering column

When a vehicle manufacturer discovers a defect in one of its models, it lawfully must issue a recall. It must also make a reasonable effort to notify buyers of the defect, such as through an ad campaign or direct mail. A recall means the vehicle contains known defects that could be dangerous to consumers. The recall will contain information and safety recommendations for the vehicle’s owner, such as where to take the car for free repairs.

Who Is Responsible?

If a defective vehicle part causes a car or truck accident, an injured party may have a legal claim to damages. Most vehicle defect accidents fall under the category of product liability law. Product liability is a manufacturer or distributor’s legal responsibility for injuries caused by a faulty product. Under Texas’s product liability laws, a manufacturing company may be liable without proof of negligence if the vehicle contained one of three types of defects:

Design flaw
Manufacturing error
Marketing mistake

If the injured party can prove the vehicle contained one of these product defects and that this is what caused the car or truck accident, the manufacturing company will be liable for damages whether or not the company was negligent. Other parties involved with the manufacture and distribution of the vehicle could also bear liability for a crash, such as a retailer, part or component manufacturer, or car dealership.

In a case where the doctrine of strict product liability does not apply, an injured crash victim may still be able to bring a claim based on the theory of negligence. An automaker could be liable based on negligence if it was careless and violated the accepted standards of care for the automotive industry. If the manufacturer knew about a defect but did not disclose it, for example, and this caused a car accident, the manufacturer could be responsible based on negligence.

How Will a Recall Affect a Claim?

Whether or not a recall was in effect at the time of your car or truck accident could affect your right to recover. An automaker may try to refute liability for your accident if you knew or reasonably should have known about the defect due to an ongoing recall.

If the defendant can prove that you received notice by mail of the recall with the company’s recommendation not to drive the car until getting it repaired, for example, this could protect the company from liability for an accident. If, however, your accident occurred before the recall was announced, the company could still be liable.

When to Hire a Product Liability Attorney in Dallas, Texas

A car accident case involving a recalled car or truck with a defect or safety issue can be complex. If you or a loved one was injured in this type of auto accident in Dallas, consult with a vehicle defect attorney for advice. If you have grounds for an injury claim against the manufacturer or another party, your lawyer can help you with the legal process.

Posted by Aaron Herbert at 1:22 pm

What Are Owners Liable for in a Slip & Fall Accident on Their Property?

Wednesday, June 15, 2022

When a person legally visits another person’s property, the visitor has a reasonable expectation to visit without fear of injuries. Property owners have a legal duty to ensure their properties do not pose any risks of injury to lawful visitors. They must take appropriate steps to address and correct known safety issues or at least provide adequate warnings to lawful visitors if those visitors are likely to encounter known safety issues while on the property. A personal injury attorney in Dallas can help an injured person understand his or her options for legal recourse after a slip and fall injury on private property.

Damages in a Slip and Fall Lawsuit

What Are Owners Liable for in a Slip & Fall Accident on Their Property? 17

A slip and fall lawsuit against a property owner will follow a similar framework to any other personal injury claim. The plaintiff’s attorney will need to prove that the property owner owed a duty of care to the plaintiff, failed to uphold that duty, and consequently caused the plaintiff’s claimed damages. Several types of damages are available in a typical personal injury claim.
· Medical expenses. Slip and fall injuries can cause cuts, bruises, broken bones, spinal injuries, traumatic brain injuries, and a host of other possible afflictions. A property owner who was negligent in the care and maintenance of a property and caused such injuries is liable for the victim’s immediate and future medical expenses resulting from the incident. This can include hospital bills, ambulance fees, surgical costs, and any costs for necessary ongoing treatment like physical therapy.
· Lost income. A slip and fall injury may cause the victim to miss work, and the defendant is liable for the wages lost during the victim’s recovery period.
· Property damage. If a slip and fall incident also damaged or destroyed the victim’s personal property (such as an expensive watch or smartphone), the plaintiff can claim compensation for the costs of repairing or replacing these items.
· Pain and suffering. The jury reviewing a slip and fall lawsuit will consider the plaintiff’s medical expenses as well as testimony from expert witnesses to determine a fair amount of compensation for the plaintiff’s physical pain, emotional anguish, and mental distress resulting from the incident.
· Punitive damages. In some cases, a jury may decide that a property owner was intentionally reckless or negligent beyond the scope of typical negligence and award punitive damages in addition to other damages. This discourages similar behavior in the future and the amount typically depends on the personal finances of the defendant; wealthier defendants pay more in punitive damages.

Determining Liability for a Slip and Fall Incident in Texas

What Are Owners Liable for in a Slip & Fall Accident on Their Property?Property owners are not automatically liable for any and all slip and fall injuries that occur on their property. Several factors may negate or mitigate a property owner’s liability. To succeed with a slip and fall lawsuit against a property owner, the plaintiff’s Dallas slip & fall injury lawyer must prove several conditions.
· The defendant owns the property where the incident occurred.
· The plaintiff was on the property lawfully. Property owners have no duty of care to trespassers.
· A condition on the property existed that created an unreasonable risk of harm.
· The risk of harm was foreseeable, or the property owner knew about the hazardous condition prior to the injury in question.
· The defendant failed to address the hazardous condition in a timely and/or appropriate manner, or did not take adequate steps to warn the plaintiff of the risk.
· The plaintiff suffered actual harm, such as a physical injury or economic expenses resulting from a physical injury.
· The defendant’s breach of duty directly caused the plaintiff’s damages.
When a slip and fall injury occurs on private property in the Dallas area, a Dallas slip & fall injury lawyer can help a victim recover his or her damages and hold a negligent property owner accountable. Call the law firm of Aaron A. Herbert today to learn more about our speciality practice areas.

Posted by Aaron Herbert at 12:59 pm

What Are Long-Term Injuries From a Slip and Fall Accident?

Tuesday, June 14, 2022

Slip and fall accidents do not only cause minor bumps and bruises. According to statistics from the National Floor Safety Institute, slip and fall accidents account for over one million emergency room visits per year. A victim may end up in the emergency room after a fall for a serious injury such as a broken bone or head trauma. In the most severe cases, a slip and fall accident could inflict long-term physical injuries.

What Are Long-Term Injuries From a Slip and Fall Accident? 19

Complications From Hip Fractures

Bone fractures are one of the most common serious injuries related to slip and fall accidents. Bone fractures can occur in any part of the body in a fall, but the most frequent places injured are the wrists, arms, knees and hips. Out of all bone fractures from falls, hip fractures are the most dangerous – especially for the elderly. At least half of all seniors over the age of 65 who are hospitalized due to hip fractures from falls cannot live independently after the injury.
What makes a hip fracture a potential long-term injury is the risk of severe health complications. A hip fracture from a slip and fall accident can keep a victim immobile for a long period of time during the healing process. This can lead to additional health issues, such as bedsores, urinary tract infections, blood clots and the loss of muscle mass. Even after a hip fracture heals, a victim can continue to suffer from the effects of related complications. Elderly victims may not survive their hip fractures due to the risk of secondary conditions.

Knee Damage

A slip and fall accident can cause severe knee damage, as the victim may twist his or her knee during the fall. The kneecap may also break or shatter upon impact with the ground. Knee injuries can be difficult to heal. The knee is a highly complex part of the body that consists of many different bones, muscles and ligaments. A torn ACL or MCL can be especially difficult to repair and may cause long-lasting pain or immobility. Many victims require knee reconstruction surgeries and ongoing physical rehabilitation after fall-related knee injuries.

Traumatic Brain Injuries

A traumatic brain injury can occur in a slip and fall accident if the victim strikes his or her head in the fall. If the head hits the ground or a sharp object on the way down, it can cause brain trauma, with or without a skull fracture. Brain trauma can mean bleeding or swelling in the brain, as well as damage to the cells in part of the brain.
Severe brain injuries can cause long-term symptoms that last weeks or even months, such as cognitive challenges, trouble communicating and headaches. In the most severe cases, a victim can have permanent brain damage from a fall accident.

Spinal Cord Injuries

If a slip and fall accident causes damage to the spinal cord, a victim can suffer long-term pain or disability. The spinal cord is a fragile column of vertebrae, nerves and disks. If any part of the spine gets injured in a fall accident, the victim may not be able to make a full recovery. Nerve damage may cause chronic back pain, while a more serious spinal cord injury in a bad fall could cause permanent paralysis (loss of feeling and movement from below the point of injury).

Consult an Attorney About a Long-Term Injury From a Slip and Fall

These are only a few examples of many different injuries that could cause long-term pain and other symptoms from a slip and fall accident. These are serious accidents that often lead to premises liability lawsuits in Texas. If you or a loved one has a long-term or catastrophic injury from a slip and fall accident, consult with an attorney about recovering compensation for your past and future medical bills, lost wages, pain and suffering, and other losses. A lawyer can help if the property owner or another party owes you financial compensation.

Posted by Aaron Herbert at 12:53 pm

San Antonio Construction Crane Accident Attorneys

Sunday, June 12, 2022

Crane collapses and other construction accidents involving cranes can be devastating for workers on a construction project as well as for pedestrians and bystanders. When crane accidents occur due to negligence, board certified personal injury attorney Aaron A. Herbert and the team of experienced San Antonio construction crane accident attorneys at our firm will step in to hold negligent workers, contractors and property owners responsible and obtain compensation for injured workers and their families.

Improper Construction Crane Use Causes Serious Accidents On San Antonio Construction Site

Nearly twenty-five percent of construction fatalities are attributable to crane accidents. Advances in technology in the last twenty years has made construction cranes capable of moving faster, extending farther and carrying greater loads, so concerns regarding construction crane safety are more serious than ever before. All workers at a construction site and others in the vicinity are at risk of serious injury or death while a crane is in operation, particularly if a load becomes unbalanced while it is being lifted, or in the event of a crane collapse.

Causes Of Construction Crane Accidents

Crane accidents occur when careful attention is not paid by the crane operator, other workers on the site, or those in charge of planning and executing the operation in question. Crane accidents are often attributed to the following circumstances:

Crane is not set up properly
Planning and coordination of the construction operation is inadequate for safety
The crane is operated outside the safety parameters set out by the manufacturer
Improper maintenance, modification or negligent repair Improper maintenance, modification or negligent repair
The area surrounding the crane operation is congested
Clearances are insufficient to complete the lift
Pinch points are left unguarded
Outriggers are improperly extended
The crane selected for the job is inadequate considering conditions at the jobsite
The crane selected is inadequate for the load requirements of the jobsite
Power lines, fixed objects and other overhead hazards are not properly considered
Crane operator, site supervisor or superintendent is inexperienced or unknowledgeable about safe crane operation

Common Construction Crane Accident Injuries

There are both physical and psychological scars after a construction crane accident. Some of the most common injuries associated with construction crane accident injuries are as follows:

- - Facial Scarring and disfigurement
  - Nerve damage – paralysis and in severe cases spinal cord injury and paraplegia
  - Amputation
  - Brain injury due to trauma sustained to the head
  - Broken bones and knee ligament injuries
  - Emotional trauma – post traumatic stress (PTSD), depression, and anxiety

San Antonio Construction Attorney Board Certified In Personal Injury Trial Law

Texas board certified personal injury attorney Aaron A. Herbert and our team of highly accomplished and experienced San Antonio Construction Crane Accident Attorneys have extensive experience and a proven record of results in cases involving life-changing personal injury. We can sit down with you and discuss your options for seeking maximum compensation for the harm you or your loved one has suffered due to an the negligent operation of a construction crane or other construction accidents. Call us now for a no-cost consultation. We will fight to protect your rights, and we give you the personal attention your construction accident case deserves. Time to file is limited, so contact us now.

Posted by Aaron Herbert at 11:15 am

Is It Worth It to Hire a Personal Injury Lawyer?

Thursday, June 9, 2022

If you have been injured in an accident in Texas, you may wonder whether you need to hire a personal injury lawyer. An injury lawyer is a licensed professional who is trained to represent accident victims during insurance claims and lawsuits. You may need a lawyer’s assistance in certain circumstances, such as if an accident gave you serious or catastrophic injuries. Knowing when it is worth it to hire a personal injury lawyer could allow you to properly protect your rights.

When You Need and Do Not Need a Personal Injury Lawyer

Not all cases require personal injury lawyers. You may be able to represent yourself during an injury claim, or handle it pro se, if it is simple and only involves minor injuries. If this is the case, your insurance company or that of the at-fault party may offer a fair settlement award, allowing you to resolve your case without further litigation. You may need an attorney, however, if your case involves complicating factors.

Serious injuries
Injuries that will impact you for the foreseeable future
A permanent disability or debilitation
Significant scarring or disfigurement
Thousands of dollars in medical expenses
Loss of a limb
Wrongful death
Multiple defendants
Liability dispute
Comparative negligence or assumption of risk defense

If you run into any issues or complications after filing an insurance claim in Texas, contact an attorney to find out if you need legal assistance. Hiring a lawyer may be necessary to work through complex legal processes or problems. It is especially important to contact an attorney if an accident gave you life-altering injuries. A lawyer will give you advice you can trust, including an accurate calculation of the value of your claim.
If your accident was minor and the damages amount to no more than a few thousand dollars, you can most likely handle an insurance settlement on your own. With a minor injury case, the damages are generally not high enough to be worth the costs of hiring a lawyer or bringing a lawsuit. Instead, you should be able to handle the case yourself with the insurance company or in the Small Claims Court. Managing a minor injury case pro se could save you time and money.

How Much Does an Injury Lawyer Cost?

If you do have serious injuries that require expensive medical treatments, hiring a personal injury lawyer can be well worth the costs. A qualified injury attorney can help you estimate your losses, go up against the correct defendant(s) and fight for maximum compensation. Without an attorney representing you, you may not appreciate the full value of your injury claim. You may take an insurance company at its word when it says a settlement is fair when in reality, the insurance company is lowballing your offer to save money. After hiring a lawyer, you can rest assured of the accuracy of your case estimate.
One of the main obstacles that prevent injured accident victims from hiring lawyers is the cost. Most attorneys, however, have flexible financing options for injured claimants. Lawyers know that the average injured party is dealing with expensive medical bills, lost wages and property damage. To make legal representation more affordable, most personal injury lawyers operate on a contingency fee basis. This means the lawyer will only charge legal fees if and when he or she wins the case for the client.
If you hire a lawyer who works on a contingency fee basis, expect to only pay legal fees if your attorney wins a financial award for your case. If not, you generally will not owe any attorney’s fees at the end of your case. If your lawyer does win the case, he or she will subtract legal fees directly from your settlement or jury verdict. This prevents you from ever having to afford a personal injury lawyer out of pocket. Discuss your personal injury case in more detail with an attorney in Texas to ask about the cost of representation.

Posted by Aaron Herbert at 12:16 pm

Who is Liable for Public Pool Slip and Falls?

Tuesday, June 7, 2022

During the summer months, frequenting public pools to cool off is a tradition for many families across the country. Especially in extremely hot states like Texas, public pools can be a godsend for individuals that don’t have pools of their own. However fun they might be, congested public locations can pose safety risks, especially for young children. Moreover, if a public facility fails to properly warn the public about risks associated with their equipment and/or services, or provide proper maintenance to the premises, they could cause severe injury to those that trustingly enter their establishment.

What Could Go Wrong?

Though at first glance, a location might seem safe, this is not always the case. Upon further inspection, small building code violations and other instances of premises neglect reveal themselves. Some of the most common issues that cause premises-related accidents include:

A lack of signage designating rules, pool conditions (ex. water depth), or safety guidelines.
Inadequate shelving or other faulty equipment/furniture that guests interact with.
In public pools, this could mean leaving maintenance equipment out or neglecting to keep the pool area clean.
Uneven or rough surfaces that cause tripping, especially in environments that involve water. This applies to the pool’s structure, too. For example, a pool with concrete edging or tiling that lift.
Failing to maintain safety-related features, like railings and ladders that lead out of the pool.
Failing to place precautionary signs around areas that need maintenance, or areas flooded with water.

Premises liability cases have their basis in the property owner’s negligence. If you suffered an injury caused by any aspect of an establishment that you know the owner is responsible for maintaining, you could have a valid case to file. It is important to work with a slip and fall attorney to ensure you receive maximum compensation for your injuries.

What is Comparative Negligence?

As mentioned above, premises liability cases are negligence based. In personal injury law, you must prove how the defendant caused your injuries. Proving negligence typically requires claimants to provide evidence that follows the same cause-effect timeline, no matter the type of personal injury case:

The defendant owed the plaintiff a duty to provide safe services and/or products. In a premises liability case, this means the pool owner was responsible for keeping their facility safe while warning against potential hazards.
The defendant failed to meet this duty to maintain the plaintiff’s safety. This could be by neglecting pool facility maintenance or put up safety signs.
The defendant’s negligent actions directly caused the incident that injured the plaintiff. For instance, a guest might trip over uneven tiling in a pool locker room/bathroom. The defendant neglected to fix their facility’s surfaces, causing the plaintiff’s accident.
The plaintiff sustained verifiable injury. Claimants can prove this by providing their medical records after seeing a physician for their injuries.

Providing different forms of evidence surrounding these four key points builds a strong case on the plaintiff’s behalf.

Comparative Negligence

The state of Texas exercises comparative negligence laws. This means that each party must assume responsibility for their contribution to the accident. Law enforcement, insurance companies, or the court assigns each party a fault percentage that designates the proportion of blame each party possesses. Texas utilizes modified comparative fault, meaning you must possess less than 50% of the fault to file a claim for damages. Individuals that caused more than half the damage in an accident will most likely assume responsibility for their damages and the other party’s damages.

Who is Liable?

In premises liability cases several saving graces could save the owner from liability. For example, posted signs, rules, warnings, or other hazard-related materials throughout the facility could act in their favor when determining if the owner was negligent.
However, if there were no signs designating danger, like a sign warning about broken floor tiles, or other communication about premises safety, the plaintiff will likely possess a rating that allows them to file a claim. This means the facility’s owner is liable for all damages associated with the accident.
When entering any facility, it is the guest’s responsibility to abide by all rules and safety precautions communicated by the property’s owner. However, if they neglect to keep up their facility or provide safety regulations to their guests, they remain liable. This means you should talk to an experienced Dallas personal Injury Lawyer.

Posted by Aaron Herbert at 1:19 pm

Who Pays for Medical Bills After an Accident?

Monday, June 6, 2022

A car accident can cause serious injuries that require hundreds of thousands of dollars in medical costs over a victim’s lifetime. Surgeries, treatments, physical therapies and medications can create a massive amount of medical debt for an injured victim. Knowing who is responsible for paying your medical bills after an accident could give you peace of mind during a difficult time as the victim of an accident. It could also prevent you from paying out of pocket for your own expenses, depending on the circumstances.

Texas Is a Fault-Based Insurance State

Most accident victims in Texas pay for their medical bills using a combination of insurance benefits and personal expenditures. If your injuries are minor and the at-fault party has insurance, you may not have to pay anything out of pocket. In Texas, the party at fault for an auto accident will be legally responsible for paying a victim’s damages, which include medical bills. Bringing an insurance claim against the at-fault driver could result in payment for your past and future treatments and medical expenses. If the other driver does not have enough insurance, however, you may need to seek additional benefits from other sources. This could include your own insurance company. As with any injury clamin, it’s important to discuss your situation with a personal injury lawyer to ensure you recieve maximum compensaiton for lost wages, medical bills and pain and suffering.

What Is Insurance Subrogation?

Insurance subrogation is common during an accident claim. It refers to your own insurance company covering your medical expenses in the beginning, even if you were not at fault for the accident, then seeking reimbursement from somebody else’s insurance provider later. If you file a claim with your own insurance company for an accident you did not cause, your insurer may use subrogation to pay for your medical bills right away. After paying your bills, your insurance company will seek reimbursement from a third-party provider on your behalf.

What Is a Medical Lien?

In the beginning, your medical expenses will be your responsibility. If you cannot afford to pay your bills while you wait for a settlement or judgment award, the hospital where you sought treatment may place a medical lien against you. A medical lien is a legal claim to your property or assets if you fail to repay a debt you owe. If you do not pay off your medical bills within a certain amount of time, a medical lien could lead to consequences such as wage garnishment. If you have a successful insurance claim or lawsuit against another party, your car accident lawyer can pay off your medical lien with money obtained from the defendant. Then, what is left will go toward legal fees and your personal expenses.

What If You Were At Fault for the Accident?

If an investigation finds that you caused the accident, you may have to pay for your medical bills on your own. If you have health insurance, this can bring your health care expenses down. Another type of insurance that could help you pay off your medical bills is personal injury protection (PIP) insurance if you were injured in an auto accident. PIP and medical payment insurance can pay for your bills up to your policy’s maximum after a car accident you caused. If you have the responsibility of paying your medical bills, you may be able to arrange a personal payment plan with your hospital.
If you are not the only person at fault for the accident, however, someone else may owe you partial compensation for your losses. Texas is a comparative negligence state. This means if you and the defendant share fault for an accident, the courts will diminish your financial award according to your percentage of fault. If you were 20% to blame for the accident, for instance, the courts would take away 20% of your settlement or verdict award. You would still receive 80% reimbursement for your losses from the defendant.
If you have serious injuries after an accident in Texas, contact a lawyer for advice about who will pay for your medical bills.

Posted by Aaron Herbert at 1:28 pm

How Much Is My San Antonio Personal Injury Claim Worth?

Monday, June 6, 2022

You may not have to pay for your medical bills and other losses out of pocket if you did not cause your accident or injury. In San Antonio, you have the right to pursue financial compensation from the person who did cause your accident using a personal injury claim. One of the most frequently asked questions in personal injury law is, “How much is my claim worth in San Antonio?” The only way to get an accurate answer to this question is by asking an attorney. However, you can get an idea of the value of your claim by understanding how the Texas courts calculate damage awards.

What Damages Are Available?

How Much Is My San Antonio Personal Injury Claim Worth? 25 — Antonio Car Accident Lawyers

The word damages in personal injury law refers to the financial compensation available for an injured victim’s losses. The point of a personal injury lawsuit is to make the victim whole again through financial compensation. When discussing damages with your lawyer, you will be referring to the money you may be able to receive from the at-fault party (defendant) through an insurance claim or personal injury lawsuit. In Texas, you could recover compensation for several types of economic and noneconomic losses.

Medical expenses
Disability-related costs
Lost wages
Property damage
Pain and suffering
Legal fees
Travel costs
Out-of-pocket expenses
Punitive damages

These are some examples of damages that could be available to you as an injured accident victim in San Antonio. This does not, however, mean that you will be eligible for all of these categories of losses; you will only receive compensation for the actual losses you suffered in the accident. It will be up to you to prove the losses you experienced due to a defendant’s negligence. You or your lawyer will need to show an insurance company, judge or jury that you suffered these losses using evidence such as medical bills, receipts, pay stubs and medical expert testimony. Without evidence of your losses, you may not receive fair financial compensation.

How Do the Courts Calculate Damage Awards?

Once you have a comprehensive list of the losses for which you are seeking compensation, you can gain an idea of how much your claim might be worth by calculating an award using the same techniques that will be used by the courts. A lawyer can help you with your calculation to make sure you ask for enough money in your insurance demand letter.

Economic damages. The courts calculate economic damages by adding up the actual expenses related to your accident, such as health care costs and lost wages. They will also take into account any future economic damages connected to a long-term injury.
Noneconomic damages. The value of noneconomic damages is entirely up to a jury. However, the jury may use a common calculation method, such as multiplying the total amount of economic damages by a number that represents the severity of your injuries.

It is impossible to accurately predict how much you will receive for a claim in Texas, as a lot of it is up to a jury’s discretion. Every client is unique, and awards are given on a case-by-case basis. The best way to obtain an accurate estimate is by asking an attorney for an estimate.

What Factors Can Affect Your Settlement?

An attorney in San Antonio can help you understand the potential value of your personal injury claim by analyzing common factors that affect payouts, such as:

Injury severity and extent
The length of time it will take you to recover
Whether your injury interferes with your ability to work
Your income before the accident
Your age and overall health
Physical pain and emotional distress
Liability for your injuries
The amount of insurance coverage available
Your comparative fault for the accident

With these facts in mind, your lawyer can give you a case estimate that comes close to the amount you actually receive, if any. An attorney will have the legal experience necessary to make this analysis. Consult with an attorney today for more information.

Posted by Aaron Herbert at 12:24 pm

Steps to Be Safer on the Road

Thursday, June 2, 2022

Americans are more health-conscious than ever. Thanks to this new attitude and advances in medical technology, we are living longer, more productive lives. As we age, however, we begin to lose our sharp vision and some fine motor control. As a result, older Americans are more likely to get into accidents on the road. In 2012, motor vehicle crashes killed more than 5,500 adults and injured 214,000 more. Adults ages 85 and older are most vulnerable, though your risk of being in an accident increases exponentially after 70. Physical changes, vision changes, and a decline in cognitive functions are risk factors for age-related car accidents. Driving is an important aspect of maintaining our independence as we age. Luckily, older Americans can take some simple steps to protect themselves when behind the wheel.

Wear Your Seatbelt

This is one of the simplest things anyone can do to decrease the risk of being injured in a car accident. Older Americans already participate in higher rates of seatbelt use than younger groups. Of those involved in fatal crashes, 75% were wearing seatbelts—compared with 66% of those ages 18 to 64. Buckling up is easy to remember and greatly decreases the risk of injury or fatality. In Texas, we wear our seatbelts more than the national average (at a rate of 94%, compared to 86% nationally). Keep up the good work, and buckle up for safety.

Drive When Conditions Are Optimal

Whenever you can, avoid inclement weather conditions. Older adults are already more likely to limit their driving during bad weather and at night. Overall, they tend to drive fewer miles than their younger counterparts. Driving during times of optimum visibility can decrease the likelihood of an accident. If you must drive after dark or in the rain, ask someone for help.

Do Not Drink and Drive

Older drivers are less likely to get behind the wheel of a car while intoxicated. Only 7% of drivers who were involved in fatal accidents had a blood alcohol content above the legal limit of .08. For comparison, nearly a quarter of drivers aged 18 to 64 involved in fatal accidents had a BAC of over .08. Driving under the influence of alcohol or other substances is never worth the risk. If you anticipate drinking some alcoholic beverages, arrange for alternate transportation. Designate a driver or call a cab.

Other Protective Measures

Older drivers can take other steps to ensure their safety on the road. Try some of these preventive measures to lessen your risk of injury in a car accident: • Participate in regular low-impact exercise, such as walking or water aerobics, to keep your muscles strong. Muscle tone and flexibility are important aspects of driving—even if we do not necessarily think about it. • Schedule an eye exam once per year. Our vision is one of the first things to diminish as we age, so regular exams are essential. • Plan your route before getting into your car, avoiding highways and other busy roads whenever possible. Opt for back streets and well-lit areas if driving at night. • Use alternatives if you find your ability to drive waning. Options include public transit and carpooling with a friend. Safety is your utmost priority on the road. But if you have been involved in an accident, you need the services of an attorney. If you think you have the grounds for a personal injury claim due to an auto accident, contact a member at our experienced law firm for a free initial consultation. We will help you decide on an appropriate course of action, risk-free. Contact us today.

Posted by Aaron Herbert at 12:40 pm

How to File a Wrongful Death Claim

Wednesday, June 1, 2022

Wrongful death is a tragedy that can befall a family after a fatal motor vehicle accident, workplace accident, fall, criminal assault or many other types of deadly accidents. The civil justice system in Texas provides a way for surviving family members to seek financial compensation for the wrongful deaths of loved ones. Although a lawsuit is not the perfect solution, it could lead to important compensation for you and your family during this difficult time. Find out how to file a wrongful death claim in your county with a Dallas personal injury attorney.

What Is a Wrongful Death Claim?

Texas Wrongful Death Statue of Limitations

First, determine if you have the ability to bring a wrongful death claim in Texas. A wrongful death claim is a civil cause of action that seeks to hold someone responsible for the fatal injury of a plaintiff’s family member. You may have grounds for a lawsuit if the recent death of someone close to you fulfills the definition of wrongful death according to Texas Civil Practice and Remedies Code 71.002.
State law defines wrongful death as an injury related to someone’s wrongful act, neglect, default, unskillfulness or carelessness, that causes death. In most cases, if the deceased person would have been able to file a personal injury claim had the injury not been fatal, survivors can file wrongful death claims for compensation. You might be able to file after any preventable accident that takes the life of your loved one in Texas.

Who Can Bring a Wrongful Death Suit in Texas?

Next, find out if you are one of the parties permitted to demand compensation for wrongful death in Texas. Laws in many different states are strict when it comes to who may and may not bring wrongful death suits. In Texas, these parties are the deceased individual’s surviving spouse, child or parents. These parties may file separately or together as a group. If these parties do not exist or do not file within three months of the date of death, a personal representative of the decedent’s estate can file instead. The only exception is if a family member expressly forbids the representative to bring a claim.

What Is the Time Limit to File?

Act fast to hire a lawyer and take the first steps toward obtaining compensation after the death of someone close to you. Waiting too long could hurt your chances of recovering financially. If you miss the deadline to bring a claim, you will be permanently unable to hold the defendant accountable. In Texas, the deadline (statute of limitations) is two years from the date your loved one died, with limited exceptions. Contact an attorney before the end of your window to make sure you retain the right to file.

How Do You File a Claim?

Once you have confirmed you have all the elements of a wrongful death lawsuit and the legal right to bring a claim, file the paperwork to initiate the process. Start by hiring a wrongful death lawyer in Texas to help you with your case. A lawyer can handle paperwork and legal red tape for you while you spend time with your family during this hard time. A lawyer can also make sure your family does not settle for less than the claim is worth with an insurance company.
You or your attorney will draft a demand letter to send to the insurance company of the allegedly at-fault party. The demand letter will explain why you believe the defendant named is responsible for causing your loved one’s death and how much money your family is seeking to resolve the claim. A lawyer can make sure you get the wording correct in your demand letter. Submit the letter to the insurer and wait for a response. Acceptance will lead to settlement negotiations, while denial will give you the ability to take your wrongful death claim to court in Dallas County. An attorney can help you regardless of which path your claim takes.

Posted by Aaron Herbert at 3:29 pm