I Got Hit By a Car While Walking | What to Do

Friday, February 17, 2023

As a pedestrian, you assume you’re relatively safe walking to your destination. Unfortunately, accidents can happen even when you watch for vehicles and follow all laws.

If you were in a pedestrian accident, you are probably wondering, What do I do if I got hit by a car while walking?

If you are considering pursuing a legal claim after a pedestrian accident, the Law Office of Aaron Herbert is here to help you.

What to Do After a Pedestrian Accident

Getting hit by a car while walking can be a traumatic and life-altering experience. It can lead to physical, emotional, and financial stress. While it can be challenging to think straight right after a pedestrian accident, there are a few steps you can take to help you recover compensation.

Here is what to do after a pedestrian accident:

Contact the police. If you were struck by a car, you must contact the police. The police will create an accident report, which will be helpful when filing a personal injury claim.
Gather information. Get the driver’s contact and insurance information, as well as the make and model of their car. If there were any witnesses to the accident, get their contact information.
Document the accident. Take photos of the accident scene and any visible injuries you have sustained. These photos can help you support your claim.
Seek medical attention. Even if you feel okay, seeing a doctor as soon as possible after a pedestrian accident is vital. Some injuries may not show up immediately, and you might need diagnostic tests to rule out any internal injuries.
Contact your insurance company. If a negligent driver strikes you, it’s important to notify the driver’s insurance company as soon as possible. You could be eligible to receive compensation for your medical expenses and lost wages by filing an insurance claim.

Common Injuries After Being Hit by a Car

Pedestrian car accidents can result in severe and life-altering injuries, some of which may require extensive medical treatment and rehabilitation. Here are some of the most common injuries after being hit by a car.

Head Injuries

Head injuries are a common type of injury in pedestrian accidents. They can range from mild concussions to more severe injuries such as skull fractures, brain swelling, and bleeding.

A head injury can have long-term effects, including memory loss, difficulty speaking, and cognitive impairments.

Spinal Cord Injuries

Spinal cord injuries are typically devastating as they can result in permanent paralysis and profoundly impact a person’s quality of life.

Fractures and Broken Bones

Because cars are so much larger than a pedestrian and can generate a great deal of force, victims of pedestrian accidents often suffer broken bones. Some of the most common fractures that occur in these types of accidents are fractures in the arms, legs, and ribs.

Soft Tissue Injuries

Soft tissue injuries can also occur in pedestrian accidents, such as sprains, strains, and bruises. These injuries can be very painful, and many victims require physical therapy and rehabilitation to recover.

Internal Injuries

Pedestrian accidents can result in internal bleeding, organ damage, punctured lungs, and other types of internal injuries. These types of injuries can be life-threatening and require immediate medical attention.

Vehicle Vs Pedestrian Accident Law in Texas

In Texas, a vehicle’s driver must exercise due care to avoid colliding with a pedestrian. Under vehicle vs pedestrian accident law in Texas, a driver must yield the right-of-way to a pedestrian crossing a roadway in a marked or unmarked crosswalk.

Additionally, a driver must stop and remain stopped to allow a pedestrian to cross the street within a marked or unmarked crosswalk.

If a driver negligently causes a pedestrian accident, they may be liable for any damages the pedestrian suffers. Damages in a pedestrian accident case can include medical expenses, lost wages, pain and suffering, and personal property damage.

Even if a pedestrian is partially responsible for causing an accident, they might still be able to recover compensation. Texas follows a rule called modified comparative negligence.

That rule allows a plaintiff to recover some compensation even if they were partially at fault for their accident. However, their compensation will be proportionally reduced by their percentage of fault.

For example, if a jury finds a pedestrian 10% at fault for their accident, they would receive 90% of their damages, not 100%.

Texas follows a modified comparative negligence standard with a 51% bar rule. That means that if the pedestrian is 50% or less at fault for an accident, they may still recover damages from the driver who hit them.

However, if a pedestrian is 51% or more at fault, they can not recover any damages.

Why Hire a Pedestrian Hit-by-Car Lawyer?

An experienced Texas pedestrian hit-by-car lawyer can help you fight for maximum compensation. Your lawyer will:

Thoroughly investigate the accident, gather and preserve evidence, and interview witnesses;
Handle all communication with the insurance company and the driver’s defense lawyer;
Negotiate a potential settlement on your behalf;
Meet all legal deadlines and adhere to all applicable court rules;
File a lawsuit on your behalf and represent you at trial if necessary;
Hire necessary experts to solidify your case;
Ensure you have access to medical care; and
Review all settlement documents, pay any liens, and help expedite the receipt of your compensation.

Pedestrian accidents often involve complex aspects of personal injury law, which is why you need an experienced Texas pedestrian accident lawyer on your side.

Contact a Texas Pedestrian Accident Lawyer

As you can see, knowing the answer to the question “what do I do if I got hit by a car while walking” is only the first step towards getting the compensation you deserve for your injuries.

The Law Office of Aaron Herbert can help you hold the driver who hit you accountable. Aaron Herbert is a tenacious fighter who takes the time to understand the unique facts and circumstances of each client’s case.

Our team has years of experience helping clients get the financial support they need to recover from their injuries and move forward with their lives. Contact our office to learn more about how we can assist you.

Posted by Aaron Herbert at 10:47 am

What to Do After a Slip-and-Fall Accident from a Legal Perspective

Wednesday, February 15, 2023

Slip-and-fall accidents can happen anywhere, at any time, and to anyone. Unfortunately, they can cause serious injuries that may lead to hospitalization, long-term medical treatments, and other significant expenses.

Knowing what to do after a slip-and-fall accident in Dallas can help you strengthen your compensation claim.

What Is the Difference Between Slip, Trip, and Fall?

Before we explain the steps you should take after a slip-and-fall accident, it’s important to understand what the difference between slip, trip, and fall accidents is. While most of these types of claims are collectively known as slip and falls, there are some notable differences between them.

Slip accidents occur when there is too little friction between your shoe and the walking surface. Common causes of slip accidents include wet or oily surfaces, loose rugs or mats, or freshly waxed floors.

Trip accidents occur when you strike your foot or leg against an object, causing you to lose your balance and fall. Common causes of trip accidents include uneven walking surfaces, cluttered floors, or objects left in walkways.

Finally, fall accidents occur when you lose your balance and fall to the ground. Common causes of fall accidents include poor lighting, cracked or uneven pavement, or defects in walking surfaces.

Should I Get a Lawyer for a Slip and Fall?

Understandably, you might be asking yourself, “Should I get a lawyer for a slip and fall?” The short answer is yes, you should hire a lawyer if you sustained injuries in a slip-and-fall accident.

Resolving slip-and-fall accident claims is complicated. Proving negligence on your own can be challenging. An experienced Dallas slip-and-fall lawyer can help you gather evidence, file paperwork, and negotiate with insurance companies on your behalf.

How Do You Prove Negligence in a Slip and Fall?

How do you prove negligence in a slip and fall? To win a slip-and-fall case, you must prove that the property owner was negligent.

That means you must show that the property owner knew about the dangerous condition and failed to correct it or warn you about it.

Alternatively, you can show that the property owner should have known about the hazardous condition because it was present for a long time.

You will need to gather evidence such as photographs, witness statements, and medical records to prove negligence. In some instances, it might be necessary to hire industry experts too.

How Long Can a Slip-and-Fall Case Take?

The amount of time it takes to resolve a slip and fall depends on multiple factors. Some of the most common factors include the following:

The complexity of your case,
The severity of your injuries,
Whether the property owner and insurance adjuster are willing to negotiate,
How many defendants are involved, and
The court’s schedule.

So, how long can a slip-and-fall case take? In general, slip-and-fall cases can take anywhere from a few months to a few years to reach a settlement or verdict.

Your lawyer will be able to give you a better idea of how long your case will take based on the specific circumstances of your case.

Are Slip-and-Fall Cases Hard to Win?

Are slip-and-fall cases hard to win? Slip-and-fall cases can be challenging to win, but it’s not impossible to succeed. To reach a favorable settlement or jury award, you must prove the defendant was negligent, as previously mentioned.

You must also demonstrate that their negligence caused your injuries. Proving negligence can be challenging. Fortunately, an experienced Dallas slip-and-fall lawyer can help you gather evidence and build a strong case.

How Are Slip-and-Fall Settlements Calculated?

How are slip and fall settlements calculated? The amount of compensation you may be entitled to after a slip-and-fall accident will depend on several factors, such as the severity of your injuries, the cost of your medical treatment, and the impact the accident has had on your life.

In general, attorneys and insurance adjusters calculate slip-and-fall settlements using the following factors:

Medical expenses. This includes the cost of all medical treatment you have received for your injuries and any future medical treatment you may need.
Lost wages. If you had to take time off work due to your injuries, you might be entitled to compensation for your lost wages. If you cannot work in the future, you can argue for compensation for your future loss of earning capacity.
Pain and suffering. This includes compensation for physical pain, emotional distress, and other noneconomic damages you suffered because of the accident.
Property damage. If the accident damaged your personal property, such as your phone or your glasses, you might be entitled to compensation for repair or replacement costs.
Punitive damages. In rare circumstances, you might be eligible to seek punitive damages. These damages are designed to punish the at-fault party for their actions and deter them from engaging in similar behavior in the future.

It’s a good idea to keep your medical bills, pharmacy receipts, repair invoices, pay stubs, and any other documents that show how much money you’ve spent or lost because of your injury.

Your Dallas slip-and-fall lawyer will be able to help you determine the appropriate amount of compensation to seek based on your specific circumstances.

Things To Consider When Hiring Dallas Slip-and-Fall Lawyers

If you don’t know what to do after a slip-and-fall accident, it’s crucial to hire an experienced Dallas slip-and-fall lawyer immediately.

A lawyer can help you gather evidence and meet important filing deadlines, and they can help protect your rights during negotiations with insurance companies.

They can also help you calculate the appropriate amount of compensation to seek and represent you in court if necessary.

When researching slip-and-fall lawyers in Dallas, look for someone with experience handling slip-and-fall cases specifically. You should also look for someone with a track record of success handling cases similar to yours.

You should also consider hiring an attorney who charges on a contingency fee basis. That means your attorney will only get paid if you win your case.

Slip-and-fall accidents can be severe, resulting in significant medical expenses and other damages. Hiring an attorney who works on a contingency fee basis can help you access the legal help you need, even if you’re having trouble making ends meet because of your injury.

Contact the Law Office of Aaron Herbert

If you suffered a slip-and-fall accident in Dallas, the Law Office of Aaron Herbert is here to help.

Attorney Aaron Herbert has years of experience helping injured clients recover the compensation they deserve—including clients who were injured in slip-and-fall accidents.

He understands how stressful the claims process is and how challenging it can be to build a strong case. Don’t risk jeopardizing your case by trying to pursue compensation by yourself.

Contact the Law Office of Aaron Herbert today to find out how our team can help you hold the party responsible for your injury accountable.

Posted by Aaron Herbert at 1:05 pm

What to Do After a Motorcycle Accident from a Legal Perspective?

Saturday, February 11, 2023

Texas motorcycle accidents are unfortunately common, and they often result in severe injuries, extensive property damage, and even death. So what to do after a motorcycle accident?
If another driver caused your injuries in a motorcycle accident, you have the right to seek compensation for your losses.

Knowing what to do after a motorcycle accident is crucial, as the steps you take can impact your subsequent personal injury claim.

After you have sought medical treatment, you should contact an experienced motorcycle accident attorney who can help you understand your legal rights and obligations and walk you through the process of seeking compensation.

This post discusses a few important aspects of Texas law that might apply if you were in a motorcycle accident. If you have questions about pursuing a claim for injuries after a Texas motorcycle accident, please contact the Law Office of Aaron Herbert.

What Is the Most Common Motorcycle Accident in Texas?

What is the most common motorcycle accident in Texas? The most common type of motorcycle accident is a left-hand turn accident.

These accidents usually occur at an intersection, but they can also happen when someone turns into a parking lot, shopping center, or driveway.

Oftentimes, these accidents occur because a driver is distracted or misjudges a motorcycle rider’s speed or distance and turns left in front of them. Left-turn accidents can be severe and often result in serious injuries or death.

Other common types of motorcycle accidents include single-vehicle accidents, in which a motorcycle rider loses control of their bike and crashes, and accidents caused by road hazards or defective motorcycle parts.

Does No-Fault Cover Motorcycle Accidents?

Does no-fault cover motorcycle accidents? No-fault insurance is a type of insurance that covers medical expenses and other losses incurred in an accident, regardless of who is at fault.

However, in Texas, no-fault insurance does not cover motorcycle accidents. Instead, Texas follows a fault-based system for motorcycle accidents, which means that the person who caused the accident is responsible for paying for the damages.

Texas requires drivers to carry liability insurance, which covers damages and injuries that the driver causes to others in an accident.

That means if you were hit by a driver while riding your motorcycle, you would first pursue a claim through the at-fault driver’s insurance company.

Because of the fault-based system, you must establish fault to recover damages for injuries and other losses. If you’re partially at fault, you might be responsible for paying for a portion of the other driver’s damages.

Texas law applies a comparative negligence rule to accidents with a 51% bar when determining liability and compensation. That means Texas law prevents you from recovering compensation if your share of fault is 51% or more.

But, you can collect some damages if you are 50% or less at fault. For example, imagine a jury determines you’re 40% at fault for your accident.

In that case, you could collect 60% of your damages. But, if the other driver was 40% at fault, your insurance will pay 60% of their damages, and you wouldn’t recover any compensation because you were 60% at fault.

When Do You Need a Motorcycle Accident Lawyer?

When do you need a motorcycle accident lawyer? If you were involved in a motorcycle accident in Texas, you might wonder whether you need a lawyer to represent you.

The answer to this question depends on the circumstances of your accident. In most situations, hiring a Texas motorcycle accident lawyer is highly recommended.

Examples of situations where you might want to consider hiring a Texas motorcycle accident lawyer include:

You or someone else suffered injuries in the accident,
Another driver’s negligence or recklessness caused the collision,
You’re not sure who was at fault for the accident,
You’re having trouble getting the insurance company to pay for your damages and injuries,
An uninsured driver hit you,
The other driver fled the scene, or
Another driver or passenger is suing you for damages.

A motorcycle accident lawyer can investigate your accident, collect evidence, and negotiate with insurance companies on your behalf. Additionally, a lawyer can represent you in court and advocate for your rights and interests if your case goes to trial.

You can expect that insurance companies will be fighting to put the most blame on you in hopes of reaching that 51% threshold so they don’t owe any money.

A skilled Texas motorcycle accident lawyer can help you push back against insurance adjusters who are trying to pin the blame on you and deny you compensation. A lawyer can also handle all communications with insurance companies on your behalf so that you don’t inadvertently jeopardize your claim.

What Is the Average Payout for a Motorcycle Accident?

What is the average payout for a motorcycle accident? There is no predetermined amount for motorcycle accident claims or any average settlement amount we can share.

That’s because the amount of compensation you can receive for a motorcycle accident depends on the specific circumstances of your case. Some factors that influence your potential settlement include:

The severity of your injuries;
The extent of property damage;
Who is liable, and to what extent;
Available insurance coverage; and
Cost of medical treatment, lost wages, and other losses.

In Texas, you can recover damages for economic and noneconomic losses, such as:

Medical expenses, including hospital bills, doctor visits, and medication;
Lost income, including wages and benefits you may have lost as a result of the accident;
Property damage, including damage to your motorcycle and any other damaged personal property; and
Pain and suffering, including physical pain, emotional distress, loss of enjoyment, and more.

Because every case is unique, it’s essential to consult with an experienced motorcycle accident lawyer to determine the value of your case.

How Long Does a Motorcycle Accident Lawsuit Take?

How long does a motorcycle accident lawsuit take? The timeline to resolve a motorcycle accident lawsuit also varies. Some factors that influence how long your case might take include the following:

The complexity of your case,
The willingness of parties to participate, and
The court’s calendar.

Generally, a motorcycle accident lawsuit can take a few months to several years to resolve. Some cases may settle during the discovery phase of litigation, while others may go to trial.

Contact a Dallas Motorcycle Accident Lawyer Today

Contact a Dallas motorcycle accident lawyer today. If you need assistance understanding what to do after a motorcycle accident, the Law Office of Aaron Herbert is ready to help you.

Aaron Herbert has years of experience helping injured motorcyclists hold the drivers responsible for their injuries accountable. He knows what it takes to build a strong case and will tenaciously fight to protect your rights.

Don’t risk losing out on valuable compensation by trying to handle your claim yourself. Contact our office to schedule an initial consultation to learn more about how we can help you.

Posted by Aaron Herbert at 10:35 am

Catastrophic Truck Accident Injury Attorney | Texas

Friday, February 10, 2023

If you suffered injuries in a Texas catastrophic truck accident injury, you’re likely facing physical, emotional, and financial challenges.

However, you don’t have to go through this alone. Contact an experienced Texas catastrophic truck accident injury attorney at the Law Office of Aaron Herbert today.

If you cannot speak with us we want you to know what to do after a truck accident – from a legal perspective. We understand this is a terrifying and traumatic time for you and your family. Let us help you seek the justice and compensation you deserve.

Are you unsure about what to do following a serious truck accident? The steps you take after an accident can affect your potential personal injury claim and help you protect your rights. Read on to learn more about what to do following a truck accident.

Common Truck Accident Injuries

Truck accidents can be devastating, and victims may suffer from various types of injuries. Due to the size and weight of commercial trucks, the injuries sustained in a truck accident can be much more severe than those suffered in a typical car accident. Many victims are left with residual pain or permanent damage. Here’s a closer look at the most common truck accident injuries.

Traumatic Brain Injuries

A traumatic brain injury (TBI) occurs when a victim’s brain suffers injury due to a sudden force or impact. These types of injuries can occur when your head strikes a hard surface, such as a steering wheel, or when your brain suffers a jolt because of a collision. Symptoms of a TBI can range from mild to severe, including loss of consciousness, confusion, memory loss, headaches, and seizures.

Spinal Cord Injuries

The spinal cord is a vital and delicate part of the central nervous system. Injuries to the spinal cord can have severe consequences. Spinal cord injuries can result in paralysis, loss of sensation, and loss of bodily functions. Victims may require extensive medical treatment, including surgery, rehabilitation, and long-term care.

Broken Bones and Fractures

The force of a truck accident can cause victims to suffer from broken bones and fractures. These injuries can be severe and may require surgery, rehabilitation, and extended recovery periods. Fractures in the arms, legs, and pelvis are some of the most common types of fractures suffered in truck accidents.

Internal Injuries

Not all injuries are visible. Internal injuries can occur in truck accidents due to the force of the impact itself or because you collide with a surface or object, such as a dashboard or an airbag, during a crash. These injuries can be challenging to detect, and symptoms may not appear immediately. Internal injuries can be life-threatening and require immediate medical attention.

Burn Injuries

Truck accidents can also result in burn injuries, which can be caused by fire, explosions, or contact with hot surfaces. Burn injuries can be excruciating and may require extensive medical treatment, including skin grafts and reconstructive surgery.

Amputations

When your limb is crushed or severely injured, there’s a risk of amputation. These injuries can be life-altering and may require long-term medical care, rehabilitation, and prosthetics.

Whiplash

Soft tissue injuries like whiplash are also common in truck accidents. Whiplash is a common neck injury caused by your head jerking back and forth suddenly. This sudden motion can cause damage to the soft tissues in the neck and can result in pain, stiffness, and limited mobility.

Emotional Trauma

Truck accidents can also cause emotional trauma, which can have long-lasting effects on your mental health. Emotional trauma can cause anxiety, depression, post-traumatic stress disorder, and other psychological disorders. Some victims require counseling or other forms of mental health treatment to help them cope with the emotional effects of an accident.

What To Do After a Truck Accident

The steps you take after a truck accident can help you make your compensation claim stronger. However, taking care of your health should always be your main focus. Never do something that could cause further injury or put your safety at risk. Here’s a look at what to do after a truck accident – from a catastrophic truck accident injury attorney.

Call the Police

Contact 911 to have police and emergency medical services respond to the scene. The officer will create an accident report that will likely include the names of all involved parties, witness statements, and the officer’s findings. This report can become crucial evidence in a personal injury claim, especially if your case goes to trial.

Document the Scene and Exchange Information

Take pictures of the accident scene if you can do so safely. Take photos showing any damage to your vehicle and the truck. Also, take pictures of any visible injuries you’ve suffered. Make sure to exchange contact information with the truck driver and witnesses who might have stopped.

Seek Timely Medical Attention

Your health and safety should be your top priority after a truck accident. Even if you don’t think you’re injured, get checked out by a medical professional. Some injuries may not be immediately apparent, and seeking medical attention can help ensure that you receive the appropriate treatment.

Report the Claim to Your Insurance Company

You should contact your insurance company as soon as possible and tell them you were involved in a severe injury accident. Your insurance company will tell you whether you need to report the loss to the truck driver’s insurance or whether they will handle filing a claim.

Consult with a Catastrophic Truck Accident Injury Attorney

Truck accidents can be complex—especially when you have severe or catastrophic injuries. Hiring a lawyer helps you protect your rights and interests throughout the claims process.

How Much Will A Truck Accident Lawsuit Cost Me?

How much will a truck accident lawsuit cost me? Understandably, you might be concerned about the costs of hiring a lawyer and pursuing litigation.

Fortunately, most truck accident lawyers work on a contingency fee basis. There’s no upfront legal cost to you in a contingency fee arrangement. Instead, your lawyer will take a percentage of any settlement or judgment you receive.

What Is the Average Semi-Truck Accident Settlement?

What is the average semi-truck accident settlement? Semi-truck accident settlement amounts depend on the specific circumstances of each case.

For that reason, there is no average settlement amount for these types of accidents. Settlements may include compensation for medical expenses, lost wages, pain and suffering, and other damages. Multiple factors will influence your case value, including:

Severity and type of injuries,
Liability,
Total damages, and
Available insurance coverage.

Rather than research average settlement amounts, speak to a catastrophic truck accident injury attorney at the Law Office of Aaron Herbert. Our team can help you calculate the value of your case so that you can be sure you’re seeking maximum compensation for your injuries.

How Can a Truck Accident Lawyer Help

How can a truck accident lawyer help? A truck accident lawyer can help you in many ways, including:

Investigating the accident and gathering evidence,
Interviewing witnesses,
Calculating your damages;
Communicating and negotiating with insurance companies,
Representing you in court, and
Ensuring all legal deadlines are met.

When you hire the Law Office of Aaron Herbert to represent you, our team will be there for you every step of the way.

Contact a Texas Truck Accident Attorney Today

If you sustained injuries in a truck accident, the Law Office of Aaron Herbert stands ready to help you seek justice. Attorney Aaron Herbert is passionate about fighting for his clients and helping them pursue the compensation they deserve.

Let our Texas truck accident attorney help you navigate the challenges of the Texas legal system so that you can focus on your recovery. Contact our office today to schedule an initial consultation.

Posted by Aaron Herbert at 2:08 pm

How Much to Expect from a Car Accident Settlement | Texas

Monday, February 6, 2023

If you were recently injured in a car accident, you are probably contemplating filing a claim. If so, you might be wondering how much to expect from a car accident settlement in Texas.

It is difficult to predict a settlement amount because each case is inherently unique. The amount of your settlement depends on several factors, and the final value of your case could be as low as a few thousand dollars or as high as six figures. Our board-certified personal injury trial attorney at the Law Office of Aaron Herbert can help you determine the potential value of your case.

How Long Do Car Accident Settlements Take?

How long do car accident settlments take? The length of time it takes to get a car accident settlement varies widely. As a general rule of thumb, accidents with minor injuries are likely to resolve more quickly than those with severe and complicated injuries.

In Texas, insurance companies have 35 business days( which can be extended to 45 days) to deny a claim or offer a settlement after it is filed.

Texas insurance companies must follow this general timeline:

Fifteen business days to acknowledge receipt of the claim and send the policyholder the applicable paperwork and information,
Fifteen business days to decide the claim after receiving all completed forms, and
Five business days to make the settlement payment to the claimant if it is approved and accepted.

Typically, this short time frame only applies if you accept the first offer. If you choose to negotiate or appeal, it will extend the process. Further, if you don’t reach a settlement agreement and your case proceeds to trial, the amount of time until you receive money in hand will increase.

Proving Damages

As a plaintiff, you will need evidence to prove your damages and receive the maximum compensation. Some examples of evidence typically presented in car accident claims are as follows:

Hospital and medical bills,
Witness statements,
Police report,
Photos and videos of the scene and damages,
Medical records, and
Expert testimony.

It is common to believe that the more pieces of evidence you have, the stronger the claim will be and the more likely you are to recover a large settlement. However, this is only sometimes true. Even if you only have one or two pieces of evidence, do not fret. You might still have a solid case.

Types of Damages

How much to expect from a car accident settlement in Texas will also depend on the damages you might be entitled to receive. You may be eligible for economic, noneconomic, and punitive damages.

Economic damages are easily quantifiable and include medical expenses, property damage, and lost wages.

Unlike economic damages, noneconomic damages are not based on financial loss. Instead, these damages include more subjective and intangible losses like pain and suffering, emotional anguish, loss of enjoyment of life, and loss of consortium.

Due to their subjective nature, it can be more challenging to negotiate noneconomic damages with an insurance carrier. This is where your lawyer will have the experience to know how to prove and argue for these damages.

Punitive damages are seldom awarded and are reserved only for defendants whose actions are grossly negligent and wrongful.

Is it Worth Getting an Attorney for a Car Accident?

Is it worth getting an attorney for a car accident? Car accident cases can be more complex and challenging than you might initially think. Having an experienced and knowledgeable motor vehicle accident attorney advocating for you will increase your chance of success and make the overall process smoother and stress-free.

Our car accident lawyers can negotiate a possible settlement with insurance adjusters and navigate your case through pre-trial litigation and trial if necessary. After a car wreck, your primary focus should be on healing from your injuries.

Let us handle your claim for you. Contact us today to schedule a free initial consultation!

Posted by Aaron Herbert at 2:55 pm

Trench Collapse | Construction Worker Representation

Sunday, February 5, 2023

It is not a secret that it can be dangerous to work in the construction industry. And excavation and trench work are the most hazardous aspects of the industry.

A trench collapse can lead to catastrophic injuries and even death. If you or someone you love was injured in a trench collapse, your life has likely been forever changed.

You may be entitled to compensation for your injuries. Contact the Law Office of Aaron Herbert today to discuss your case. We are always available to take your call.

What Is a Trench Collapse?

Trenches are an integral part of most construction sites. They provide room for building foundations, pipes, and drainage systems.

To make room for these necessities, construction workers must excavate thousands of pounds of soil to form trenches. Excavating soil is inherently dangerous because the ground can shift anytime without warning.

What is a trench collapse? When the removed soil and debris cave into the excavated trenches, this is known as a trench collapse.

What Causes a Trench Collapse on a Construction Site?

What causes a trench collapse on a construction site? Trench collapses can happen for several reasons with several different causes.

While some can be accidental, most are preventable. If someone’s negligence caused the cave-in, they are liable for any resulting injuries. Let’s look at some common things that can cause a trench collapse.

Inadequate Protection Systems

Before and during the trench excavation, specific protocols are in place to protect workers from these accidents. The Occupational Safety and Health Administration (OSHA) recommends several protection systems to prevent construction site workers from being crushed in a collapse:

Sloping: Sloping is as it sounds and cuts the soil of the trench wall back at an angle. The sloping or grading is used to prevent a wall collapse and usually does not require additional support structures.
Shielding: Shielding is a technique in which trench boxes or other types of support are used to hold up the trench walls to prevent a collapse.
Shoring: Similar to shielding, shoring is another technique where the trench walls are stabilized using timber supports.

Shoring or shielding is typically used when sloping to the necessary angle is impossible. Inadequate protection systems can have catastrophic consequences.

A minor mistake in placement, insufficient shielding, or inadequate sloping can all lead to a devastating and preventable trench collapse.

Unstable Soil

The soil quality and the ground’s makeup are other factors that could increase the risk of a trench collapse. Responsible excavating and trench digging requires proper soil testing before and throughout the project to ensure the soil is stable enough to support the work.

Stress-Loading the Soil

Stress-loading the soil happens when workers place heavy machinery or equipment too close to the trench wall. The additional weight and pressure can cause the trench wall to collapse. Stress-loading the trench wall is easily prevented by keeping heavy machinery safe from the trench site.

Flooding

Flooding within the trench site can cause the floor and walls to become unstable and cave in. Trench flooding can be caused by nature (e.g., torrential rain), a burst pipe, or a spill.

Failure to Inspect the Trench

A trench must be adequately inspected for structural soundness at all times. This is especially true after a possible change in the trench’s integrity (e.g., extensive flooding within the trench). The failure to properly inspect the trench walls can lead to hazardous and preventable conditions.

Vibration

It is no surprise that significant vibration can cause dirt walls to collapse. The problem is that vibration frequently occurs on construction sites from the use of heavy machinery and vehicles. Without proper safety protocols, prolonged, extensive vibration can cause a trench collapse.

Placement of Excavated Materials

Unfortunately, a trench cave-in can happen from negligently or mistakenly placing any excavated material too close to the sides of the trench. In other words, if you are removing dirt from the ditch and piling it too close to the edge, the weight could force the wall to collapse.

Trench Collapse Injuries

A trench collapse can result in many devastating injuries, including the following:

Fractures (i.e., broken bones);
Traumatic brain injuries;
Limb amputation;
Brain damage from suffocation;
Paralysis; and
Exposure to dangerous gasses or chemicals.

As a result of a trench cave-in, it is possible to suffer from multiple injuries or even death. Our team will seek out all potential options for obtaining compensation on your behalf.

Can I Recover Damages for My Trench Collapse Injuries?

Typically, you will have one of two ways to recover damages for your injuries due to trench collapse.

Workers’ Compensation

Most states require employers to carry workers’ compensation insurance. Texas is one of the few states that does not require employers to provide workers’ compensation insurance to its employees.

However, most employers do. If that is the case, you must file a workers’ comp claim and cannot sue your employer for a work-related injury.

Third-Party Liability Claims

A third-party outside of your employer may be responsible for your trench accident.

Depending on the circumstances, you may be able to file a third-party claim against one or more of the following parties:

General contractors,
Subcontractors,
Independent contractors,
Property owners,
Architect or designers of the site,
Engineers,
Machine manufacturers, or
Tool manufacturers.

Every trench accident is different. The causes, reasons, and victims of the accident will be unique to each case. If you were a victim of trench collapse, you must seek the immediate guidance of an experienced Texas attorney.

We will seek out every avenue of recovery on your behalf.

Trench Accident Lawyer

At the Law Office of Aaron Herbert, we prioritize each of our clients and take the time to understand the unique aspects of their cases.

Trench collapse injuries can be a catastrophe; an experienced trench accident lawyer can help. The moments, days, and weeks following your accident should focus on your recovery, not worrying about medical bills and lost wages.

Let us take care of that. Only 2% of attorneys are board-certified in personal injury in the state of Texas—and we are a part of that exclusive group.

With our experience, knowledge, and resources, we will get you the compensation you deserve. Contact us today to discuss your case!

Posted by Aaron Herbert at 10:32 am