Justice for Your Loved Ones: Hiring a Texas Board-Certified Wrongful Death Attorney for Truck Crashes

Friday, January 12, 2024
Justice for Your Loved Ones: Hiring a Texas Board-Certified Wrongful Death Attorney for Truck Crashes 1

Losing a loved one in a tragic truck crash is devastating. The pain and grief can be unbearable, leaving you with unanswered questions and a lingering sense of injustice. In times like these, seeking justice for your loved ones becomes paramount. That’s where a Texas Board-Certified Wrongful Death Attorney for Truck Crashes can make a significant difference.

With their expertise and experience, these attorneys are well-versed in handling personal injury cases, particularly those involving truck accidents. They understand the complexities and nuances of the legal system, allowing them to navigate through the process seamlessly. By hiring a knowledgeable and compassionate attorney, you maximize your chances of obtaining the justice and compensation your loved ones deserve.

Beyond their professional skills, these Texas Board-Certified Wrongful Death Attorneys are committed to providing support and guidance during this challenging time. They are dedicated to understanding your unique circumstances and fighting tirelessly on your behalf. By choosing an attorney who specializes in truck accident wrongful death cases, you are taking a crucial step towards finding closure and moving forward.

Don’t let your loved ones become mere statistics in a tragic truck accident. Seek justice and accountability with the help of a Texas Board-Certified Wrongful Death Attorney for Truck Crashes.

Understanding wrongful death cases in Texas

In Texas, a wrongful death claim arises when a person’s death is caused by the negligence, carelessness, or intentional misconduct of another party. Wrongful death cases can occur in various circumstances, including truck accidents. When a loved one dies in a truck crash due to the negligence of a truck driver, trucking company, or another party, you have the right to seek compensation for your loss.

The importance of hiring a board-certified wrongful death attorney

When dealing with the complexities of a wrongful death case, it’s crucial to hire a board-certified attorney. Board certification is a mark of excellence and expertise in a particular area of law. It demonstrates that the attorney has met rigorous standards set by the Texas Board of Legal Specialization and has dedicated a significant amount of time to mastering their craft.

By hiring a board-certified wrongful death attorney, you can have confidence in their knowledge, skills, and ability to handle your case effectively. These attorneys have demonstrated a high level of proficiency in the field of personal injury law, specifically in wrongful death cases. They have passed a rigorous examination, maintained a substantial practice in the area of law, and received favorable evaluations from their peers.

Qualifications of a Texas board-certified wrongful death attorney

To become board-certified in personal injury trial law, an attorney must meet several requirements. These include:

1. Practice law for at least five years, with a significant portion focused on personal injury trial law.

2. Handle a wide range of personal injury cases, including wrongful death claims.

3. Complete a certain number of hours of continuing legal education in personal injury trial law.

4. Receive favorable evaluations from fellow attorneys and judges.

5. Pass a comprehensive examination that tests their knowledge, skills, and ethics in personal injury trial law.

Benefits of hiring a board-certified attorney for truck crash cases

Hiring a board-certified wrongful death attorney for truck crash cases offers several advantages. These attorneys possess in-depth knowledge of the laws and regulations specific to truck accidents. They understand the unique challenges and complexities involved, such as determining liability, investigating the crash, and dealing with insurance companies.

Furthermore, board-certified attorneys have a proven track record of success in handling truck crash cases. They have the skills and resources to build a strong case on your behalf, gathering evidence, consulting with expert witnesses, and negotiating with insurance companies. Their experience and expertise can significantly increase your chances of obtaining the justice and compensation your loved ones deserve.

Steps to take after a loved one dies in a truck crash

Losing a loved one in a truck crash is a traumatic event that requires immediate action. While dealing with the emotional aftermath, it’s essential to take certain steps to protect your legal rights and maximize your chances of a successful wrongful death claim. Here are some crucial steps to consider:

1. Seek medical attention: If you or anyone else involved in the crash has sustained injuries, seek medical attention immediately. Your health and well-being are of utmost importance.

2. Preserve evidence: If possible, gather evidence at the crash site, such as photographs, witness statements, and any available surveillance footage. This evidence can be crucial in establishing liability and proving negligence.

3. Contact law enforcement: Report the truck crash to the appropriate law enforcement agency. They will conduct an investigation and create an official report, which can serve as valuable evidence in your case.

4. Notify the trucking company’s insurance company: Inform the trucking company’s insurance provider about the crash and your intention to file a wrongful death claim. However, be cautious when speaking with insurance adjusters and avoid providing recorded statements without legal representation.

5. Consult with a board-certified wrongful death attorney: It’s crucial to seek legal advice from a board-certified attorney experienced in truck crash wrongful death cases. They can guide you through the legal process, protect your rights, and help you seek the justice and compensation your loved ones deserve.

How a board-certified attorney can investigate a truck crash case

Investigating a truck crash case requires a thorough understanding of the laws and regulations governing the trucking industry. A board-certified wrongful death attorney specializing in truck crash cases has the expertise to conduct a comprehensive investigation on your behalf.

They will gather evidence, such as police reports, witness statements, truck maintenance records, and driver logs. They may also consult with accident reconstruction experts and medical professionals to establish liability and assess the extent of damages. This meticulous investigation is crucial in building a strong case and maximizing your chances of a favorable outcome.

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Compensation available in wrongful death truck crash cases

In Texas, wrongful death compensation is intended to compensate surviving family members for their losses resulting from the death of a loved one. The types of compensation available in wrongful death truck crash cases may include:

1. Economic damages: This includes medical expenses, funeral and burial costs, lost financial support, and future income that the deceased would have earned.

2. Non-economic damages: These are intangible losses that cannot be precisely quantified, such as pain and suffering, loss of companionship, and mental anguish.

3. Punitive damages: In cases where the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

Common challenges in wrongful death truck crash cases

Wrongful death truck crash cases present unique challenges that require the expertise of a board-certified attorney. Some common challenges include:

1. Determining liability: Truck accidents often involve multiple parties, including the truck driver, trucking company, vehicle manufacturer, and maintenance provider. Identifying the responsible parties and proving their negligence can be complex.

2. Dealing with insurance companies: Insurance companies may try to minimize their liability by offering low settlements or denying claims altogether. An experienced attorney can negotiate with insurance companies on your behalf and ensure you receive fair compensation.

3. Statute of limitations: In Texas, there is a two-year statute of limitations for wrongful death claims. Failing to file a claim within this timeframe can result in the loss of your right to seek compensation. It’s crucial to consult with an attorney as soon as possible to avoid missing this deadline.

How to choose the right board-certified attorney for your case

Choosing the right board-certified wrongful death attorney for your truck crash case is essential. Here are some factors to consider when making your decision:

1. Experience: Look for an attorney who has a proven track record in handling wrongful death cases, particularly those involving truck crashes. Experience in the field is crucial in navigating the complexities of these cases.

2. Specialization: Ensure that the attorney specializes in personal injury trial law and is board-certified in this area. This certification demonstrates their commitment to excellence and expertise in handling wrongful death claims.

3. Reputation: Research the attorney’s reputation by reading client testimonials, online reviews, and checking their professional associations and awards. A reputable attorney will have a strong reputation within the legal community.

4. Compatibility: Schedule a consultation with potential attorneys to assess their compatibility with your case. It’s essential to choose an attorney who understands your unique circumstances, communicates effectively, and demonstrates empathy and compassion.

5. Fee structure: Discuss the attorney’s fee structure during the initial consultation. Most wrongful death attorneys work on a contingency fee basis, meaning they only receive payment if they secure a favorable outcome for you. Clarify the fee percentage and any additional expenses upfront.

From Fatigue to Equipment Failure: Understanding the Root Causes of Truck Accidents

In the world of trucking, accidents can have devastating consequences. From injuries to loss of life and property damage, the impact of a truck accident can be significant. To prevent these accidents, it is crucial to understand their root causes.

One common cause of truck accidents is fatigue. Long hours on the road can lead to drowsiness and impaired judgment, increasing the risk of collisions. Another contributing factor is equipment failure. Faulty brakes, worn-out tires, or malfunctioning lights can all compromise a truck’s ability to operate safely.

By identifying and addressing these root causes, trucking companies and drivers can take proactive steps to prevent accidents. Implementing regular maintenance routines, adhering to rest regulations, and investing in driver training are essential steps toward ensuring safety on the road.

Common causes of truck accidents

Truck accidents can occur due to various factors, but two common causes stand out: fatigue and equipment failure. Fatigue-related accidents occur when truck drivers are excessively tired or fail to get enough rest. These accidents can be especially dangerous as drowsiness can impair judgment and reaction time. On the other hand, equipment failure accidents happen when crucial components of the truck malfunction or are not properly maintained. Faulty brakes, worn-out tires, or malfunctioning lights can all compromise a truck’s ability to operate safely. By addressing these root causes, trucking companies and drivers can take proactive steps to prevent accidents.

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Fatigue-related truck accidents

Fatigue is a major cause of truck accidents. Long hours on the road without adequate rest can lead to drowsiness and impaired cognitive function, increasing the risk of collisions. The demanding nature of the trucking industry, with tight deadlines and long distances, often puts drivers at risk of fatigue. To combat this, regulations have been put in place to limit the number of hours a truck driver can be on the road without rest. However, adherence to these regulations can vary, and fatigue-related accidents still occur. It is essential for trucking companies and drivers to prioritize rest and implement strategies to combat fatigue, such as taking regular breaks and ensuring drivers get sufficient sleep.

Understanding equipment failure in truck accidents

Equipment failure is another significant factor contributing to truck accidents. Faulty brakes, worn-out tires, or malfunctioning lights can all compromise a truck’s ability to operate safely. Regular maintenance routines are crucial to identify and address potential issues before they become accidents waiting to happen. Trucking companies should invest in preventive maintenance programs to ensure that their vehicles are in optimal condition. Additionally, drivers should conduct pre-trip inspections to identify any potential equipment failures and report them to the maintenance team promptly. By taking proactive measures, the risk of equipment failure accidents can be significantly reduced.

The role of distracted driving in truck accidents

Distracted driving is another factor that contributes to truck accidents. With the proliferation of smartphones and other electronic devices, the temptation to use them while driving is ever-present. Truck drivers, like all motorists, can be distracted by phone calls, text messages, or even GPS devices. Distractions take the driver’s attention away from the road, increasing the risk of accidents. To prevent distracted driving accidents, trucking companies should have strict policies in place that prohibit the use of electronic devices while driving. Additionally, driver training programs should emphasize the importance of staying focused on the road at all times.

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Poor maintenance and its impact on truck accidents

Poor maintenance practices can also lead to truck accidents. If critical components such as brakes, tires, or lights are not properly maintained, they can fail at crucial moments, leading to accidents. Regular inspections and maintenance routines are essential to identify and address potential issues before they become safety hazards. Trucking companies should establish comprehensive maintenance programs that include regular inspections, repairs, and replacements of worn-out parts. By prioritizing maintenance, the risk of accidents due to poor equipment condition can be significantly reduced.

Weather conditions and their contribution to truck accidents

Weather conditions can play a significant role in truck accidents. Rain, snow, ice, and fog can all create hazardous driving conditions, increasing the risk of accidents. Truck drivers need to adapt their driving techniques to the prevailing weather conditions and exercise caution. It is crucial for trucking companies to provide proper training to their drivers on how to handle different weather conditions. Additionally, drivers should be encouraged to stay updated on weather forecasts and plan their routes accordingly to avoid areas with severe weather conditions.

The importance of proper training and truck driver qualifications

Proper training and qualifications are vital in preventing truck accidents. Truck drivers should undergo comprehensive training programs that cover all aspects of safe driving, including defensive driving techniques, load securement, and emergency procedures. Ongoing training should also be provided to keep drivers up to date with the latest safety regulations and best practices. Additionally, trucking companies should ensure that their drivers meet the necessary qualifications, including possessing a valid commercial driver’s license and a clean driving record. By investing in proper training and qualifications, trucking companies can improve safety on the road and reduce the risk of accidents.

Conclusion: Seeking justice and closure for your loved ones

Losing a loved one in a truck crash is a tragedy that no family should have to endure. However, by seeking justice through the legal system, you can hold the responsible parties accountable and obtain the closure you deserve. Hiring a Texas Board-Certified Wrongful Death Attorney for Truck Crashes is a crucial step towards achieving justice and securing the compensation your loved ones deserve. With their expertise, experience, and dedication, these attorneys will fight tirelessly on your behalf, providing support and guidance during this challenging time. Don’t let your loved ones become mere statistics in a tragic truck accident. Take action, seek justice, and honor their memory by choosing a board-certified attorney who specializes in truck crash wrongful death cases.

Posted by Aaron Herbert at 6:00 am

Texas Laws About Prescription Drugs and Driving

Thursday, December 26, 2019

Driving while intoxicated (DWI) in Texas does not only refer to driving after drinking alcohol. It also refers to the crime of drugged driving. Driving under the intoxicating influence of any drug – even prescription medications – is against the law in Texas. If you operate a motor vehicle after taking a prescription drug that interferes with your ability to safely drive in Texas, you could get a DWI and face substantial penalties. You could also cause a serious car accident and life-changing personal injuries. Be careful what you take before driving.

Texas Penal Code 49.04: DWI Law

Texas’ DWI law is found in Texas Penal Code 49.04. This law defines intoxication as the loss of the normal use of physical or mental faculties from any substance, including alcohol, drugs, dangerous drugs or a combination of substances. Intoxication also refers to having a blood alcohol concentration (BAC) level of 0.08% or higher. The loss of normal use of faculties could refer to significant changes, such as falling asleep behind the wheel, or smaller changes that still impact the ability to drive, such as impaired judgment and slowed reaction times.
Penal Code 49.10 goes on to say the defendant’s lawful use of a substance is not a defense to a DWI charge. It does not matter if a person is 21 and legally allowed to drink or if the driver had a prescription for the intoxicating drug. Driving under the influence of any substance that impacts a driver’s faculties meets the definition of the crime of DWI, regardless of whether the person lawfully consumed the substance. Having a legal right to consume a prescription medication does not give a patient the right to drive if the drug impairs his or her faculties.
According to Texas penal law, the crime of driving while intoxicated is a class B misdemeanor. The minimum jail term for a DWI is 72 hours. A DWI with an open container charge comes with a minimum confinement term of six days. DWI with a BAC of 0.15% or higher is a class A misdemeanor with a minimum confinement term of 30 days. Upon conviction of DWI, an individual will also need to pay $2,000 to $10,000 in fines depending on the level of the offense. Other punishments include community service and driver’s license suspension.

Dangerous Prescription Drugs for Drivers

Avoiding a DWI charge is a good reason not to drive intoxicated, but your top priority should be safety. Driving under the influence of a prescription drug that impairs your ability to safely drive could put yourself and others at risk of serious injury. If you cause an accident while under the influence, you could face even more severe criminal charges, such as intoxication manslaughter. Even if you did not realize a prescription drug would intoxicate you, you could be civilly liable for the car accident, injuries and deaths you caused behind the wheel. Avoid taking potentially intoxicating prescription medications if you know you need to drive.

  • Allergy medications
  • Antidepressants
  • Anxiety medications
  • Cold medicines
  • Cough syrups
  • Diet pills
  • Drugs containing codeine
  • Melatonin or sleeping pills
  • Painkillers
  • Stimulants
  • Tranquilizers

Ask your doctor how a prescription medication might impact your ability to drive. Read the possible side effects thoroughly. The first time you take a new drug, do not drive or operate heavy machinery. Find out how the drug affects you first. You may feel drowsy, disoriented, confused, anxious, stressed, dizzy, slow, nauseous or something else that could make it difficult to safely control your motor vehicle. Never combine alcohol with any prescription medication. When in doubt, stay home or arrange a safe ride to your destination rather than getting behind the wheel. You could prevent an accident and/or a DWI charge by not driving under the influence of a prescription drug.

Posted by Aaron Herbert at 2:00 pm

What is Drowsy Driving?

Tuesday, August 9, 2016
The dangers that exist when behind the wheel are perilous and apparent; drunk and distracted driving garners much attention, and is something most drivers avoid themselves while remaining vigilant for it in others. One danger that we perhaps don’t pay enough attention to, however, is distracted driving, which, according to a AAA study, is just as likely to cause an accident as driving while intoxicated.

Fatigue Behind the Wheel

Lack of quality sleep can affect a lot of areas of your life, but driving is perhaps the most hazardous. Even if you’re awake, less than six hours of sleep per night can drastically increase your chances of being in an accident. Side effects of such little sleep include: Car Accident Liability
  • Impaired reaction time
  • Problems processing information and with short-term memory
  • Decreased performance and vigilance
  • Increased aggravation or short temper
If you’ve ever reached your destination and realized you don’t remember any of what you saw while driving there, yelled at another driver for a minor inconvenience or have felt yourself take an extra second to apply the brakes, this could be an indicator of lack of sleep. Fatigue cannot be measured or tested for after an accident like drunk driving can. It’s therefore tough to tell just how often driver fatigue is the main cause of an accident. The National Highway Traffic Safety Administration (NHTSA) estimates that 2.5 percent of fatal car accidents involve drowsy driving. However, because of the difficulty estimating drowsiness, that number could actually be anywhere from 15 to 33 percent.

Drowsy Driving Statistics

Of 19 states surveyed in a 2010 study by the Centers for Disease Control (CDC), 6.1 percent of Texas drivers reported falling asleep at the wheel within the past 30 days, the highest rate of any state. It’s unclear why Texas was the worst of the states surveyed, but it’s well above the national average of 4.2 percent. An interesting anomaly in the CDC study concluded that it’s not just how much sleep we’re getting, but how well we sleep. Those who get less than six hours of sleep and snore reported falling asleep at the wheel at a rate of 8.5 percent, compared to 5.2 percent for those who don’t. Getting the recommended amount of sleep is easier said than done, but it’s imperative to recognize the signs of a drowsy driver, whether it’s yourself or someone else. If you notice the driver appears fatigues, offer to drive for a while. If you feel sleepy behind the wheel, pull off the road and close your eyes for a few minutes. If you have taken a medicine that may cause drowsiness, don’t drive until you know how it affects you.
Posted by Aaron Herbert at 11:01 am