19 Jul

Are trucking accidents common? What about in Texas?

Are trucking accidents common? What about in Texas?

Yes, there are over 500,000 trucking accidents each year. This amounts to at least 100,000 deaths and/or injuries related to trucking accidents every year. In Texas trucking accidents are fatal about 40% more often than the national average.personal injury attorneys

Is a truck accident more likely to cause serious injury than one with just passenger cars?

Yes. Trucks are much bigger and heavier than cars and SUVs. Passenger vehicles have safety standards that are meant to protect someone from a crash with other vehicles of generally the same weight and size. A commercial tractor-trailer can weigh over 80,000 pounds, while an average passenger car weighs around 3,000 pounds. Thus, tractor trailer accidents often result in serious or fatal injuries for the occupants of the car.

What is my truck accident case worth?

There are two main factors that determine the value of a case when another party is judged to be partially or fully at fault. The first is replacement for direct expenses, such as medical expenses and loss of income. The second, and often the higher figure, is for pain and suffering. When there is a fatality, the second will revolve around loss of companionship and other factors resulting from the death. Cases vary enough that an estimate should be made by an accident attorney familiar with the facts.

Can anyone sue after a trucking accident?

Anyone who has been injured or had property damaged as the result of the accident is entitled to make a claim. When there is a death, the estate of the deceased can sue as well as anyone directly affected by the death. This also includes children whose guardians can sue on their behalf, and even other truck drivers if someone else was at fault.

Who should I sue in my trucking accident case?

Whoever is at fault for causing the trucking accident can be sued. This includes the truck driver, the trucking company they work for, the trailer owner, the shipper, a parts manufacturer or any other entity who contributed to your accident. Because the causes of accidents vary, more than one party might be the subject of a lawsuit. Truck Accident Lawyers Texas

What can I do to protect my rights?

The most important thing is to not sign any legal documents without talking to an attorney who handles semi-truck accident cases. You should also avoid making statements to either the trucking company or an insurance investigator. You attorney can advise you on how to respond to any letters or offers you receive.

I am not sure how I want to proceed, is there something I should do in the meantime?

Yes. Document as much as possible. This includes information you gather at the scene or shortly after the accident (photographs are excellent!) as well as maintaining a journal of any and all medical treatment you receive. You should also keep all receipts, pay stubs and anything else associated with the case. These documents will be critical if you end up pursuing a case.

Does the government regulate trucking companies?

Yes. The Federal Motor Carrier Safety Administration regulates commercial motor vehicles and the companies who operate them in order to make the interstate highways safer. For instance, one regulation is that there is a limit on the amount of hours a trucker can drive in one day. Another is that any commercial vehicle is required to carry insurance for bodily injury and property damage.

Do I need an attorney early in the process?

The earlier an attorney is consulted, the more likely they will be able to prevent mistakes. They will also seek to capture key documents that Federal law requires from trucking companies before they are destroyed. Although the records must be kept, trucking and insurance companies know they do not have to preserve them past the federally mandated time limit.

Your attorney will also act as a buffer between you and the insurance company. They will recommend actions you should take to strengthen your claim as well. All in all, delaying a consultation works against you.

04 Jul

South Texas Car Accident Lawyer | Personal Injury Attorneys

South Texas Car Accident Lawyer | Personal Injury Attorneys

A South Texas Car Accident Lawyer becomes necessary when you just can’t get results after an accident. accident lawyers can help you wade through the drama that ensues and help you get the compensation you deserve.

There are many people injured in car accidents every year in South Texas. They suffer from brain injuries, spinal cord injuries, orthopedic injuries and neurological injuries. These are serious conditions that often lead to huge medical bills and even long term expenses. personal injury attorneys

Whether you live in South Texas, or another part of the state, you should have access to auto accident lawyers if you are in need of legal help.

You can be sure that the insurance companies pay good money to their lawyers to help them pay the least amount of claims possible. You will want a South Texas car accident lawyer that has a brilliant understanding of the law as well as real aggressive attitude to helping you win your case.

Choosing A South Texas Car Accident Lawyer

If you’ve been the victim of a serious car accident, you can face more than just financial loss due to the damage to your vehicle. You may also have:

lost wages

medical bills

towing costs

rental car fees
…and more. That’s why you may need to hire a good accident lawyer.

You may want to choose a lawyer that actually practices in the South Texas area, but it’s important that at the very least you choose a licensed accident lawyer.

When you are in a car accident, your first most obvious option is to make a claim against your insurance or the insurance of the other driver, if they are the one at fault. Unfortunately, you may not initially get fair compensation from the appropriate insurance company. truck accident attorneys

If you feel that you aren’t being offered fair compensation, don’t sign a settlement before speaking to an auto accident lawyer.

To find a qualified and skilled professional here are some simple steps you can follow before making your decision:

Make a list of your local South Texas car accident attorneys. You can check your yellow pages or do a search online.

Narrow your search to lawyers who specialize in auto accident claims. The more narrow the field, the more knowledge and experience the lawyer is likely to have on your specific type of claim.

Check the lawyers record with the Supreme Court’s Attorney Registration and Disciplinary Commission to see if they have had disciplinary action against them.

If you have already have a lawyer that practices another type of law, ask them for a referral to a good car accident lawyer.

Call a few of your top recommended lawyers and ask them questions.

How long have they been in practice?

What is their current caseload?

Do they have experience in cases like your particular situation?

How do they handle fees?

Can they provide client references that you can speak to?
A good car accident lawyer in South Texas should have many years of experience. They should be able to tell you who will handle which portions of your case.

Be sure you read all the fine print before signing an agreement with an auto accident attorney. Be sure that you understand what you are getting into and what fees they will require and when payment is to be made.

I hope you never need a South Texas accident attorney, but chances are, if you’re reading this page, you probably do. I hope these tips will help you find a good one who will work with your best interests in mind at all times.

26 May

Are you one of the car accidents statistics in your state?

Are you one of the car accidents statistics in your state?

If you have recently gotten involved in a car accident in one of the more popular car accident cities such as Fort Lauderdale, Orlando, Houston, Dallas, Denver, and Illinois, there are some things you should know. You’re not alone!personal injury attorneys

Though these popular cities are great places to live in, car accidents are more common in these places mainly due to the high population and heavy traffic streaming through these cities.

According to the National Highway Traffic Safety Administration, most of the Personal Injury cases in the U.S. are caused by car accidents. So make sure you know what to do and how to deal with car accidents in the popular cities of the U.S.

Fort Lauderdale Car Accidents Statistics

Fort Lauderdale is a city in Florida lying just along the Atlantic Ocean. The city is known as the Venice of America and gets more than 10 million visitors every year. The area is home to a hundred boatyards and marinas, more than 4000 restaurants, and hundreds of nightclubs. As expected, the crowded area also gets several car/truck accidents in a year.

Most car accidents are caused by heavy loads or cargo shifting inside the vehicle, drugs and alcohol, over-speeding, traffic, long distance driving, and vehicle condition. If you encounter a car accident in Fort Lauderdale, find a Fort Lauderdale car accident lawyer to help you out.

Orlando Car Accidents Statistics Report

Orlando is one of the major cities of Florida and is the third largest metropolitan in the state. It is also the sixth most populous city there, which means that it could get particularly crowded, especially with the Walt Disney World Resort and Universal Orlando Resort. This is certainly a recipe for car accidents.

In Orlando, the largest number of car accidents is caused by driver misbehavior and driver distraction. Most distractions are caused by cell phones, passengers, the radio, and driver fatigue. Orlando records also cite several car accidents resulting from over-speeding.

Houston Car Accidents Statistics Report

As the fourth largest city in the United States, Houston is a booming and densely populated area. As such, it is also prone to car accidents. The leading cause of car accident in Houston is DWI and vehicle rollovers.

Vehicle rollovers are also observed to be the most fatal type of accidents in Houston. In fact, most rollovers almost always lead to deaths. For help with car accident issues in Houston, you can seek the assistance of Houston car accident lawyers.personal injury attorneys

Dallas Car Accident Stats

With a population hitting 1.3 million this year, Dallas is no doubt an economic center with a huge population. This makes car/truck accidents quite common in the city, and most of them are caused by driver fatigue, driver impairment, rollovers, speeding, and bad weather.

In case you encounter car accidents, you can contact Dallas car accident lawyers specializing in car accidents and personal injury if injury is involved.

Denver Car Accidents Statistics Report

Denver is the most populous city of Colorado. It also gets many visitors each year. Denver car accidents are also related to high levels of personal injury, most of which are whiplash cases.

In Denver, driver negligence is cited as the most common cause of car accidents. For help with car accidents, contact a Denver car accident lawyer who can assist you in making your claims.

Illinois Car Accident Reporting Statistics

Illinois, known as the fifth most populous state in the country, is also susceptible to a lot of car accidents each year. Careless and reckless driving is the number one cause of car accidents in Illinois.

With the crowds of Illinois and drivers’ negligence, Illinois roads pose a threat to motorists. In case of car accidents, contact an Illinois car accident lawyer.

The Verdict On Car Accidents Statistics

Car accidents are part of life on the road. By knowing what causes the accidents, particularly in popular cities such as Fort Lauderdale, Orlando, Houston, Dallas, Denver, and Illinois, you can try and avoid such accidents, so you don’t become a statistic, too.

But if not, you can avoid huge damages by contacting the right car accident lawyers in these cities to be sure that you get proper compensation for any loss.

08 May

Traumatic Brain and other Injuries


Traumatic Brain and other Injuries

Our San Antonio, Texas based Legal Group has outstanding results in cases involving airplane crashes, traumatic brain injury, head injury, personal injury, catastrophic personal injuries, mass torts, medical malpractice, professional negligence, class actions, civil rights, environmental disasters and wrongful death.

Economic Losses in TBI Cases:

If you or a family member has sustained a traumatic brain injury, the chances are you already have first hand experience of the overwhelming financial burden that these injuries cause.personal injury lawyers

The following two case scenarios demonstrate damages sustained in a so-called “mild” traumatic brain injury case, as well as a “moderate” to “severe” traumatic brain injury case.

Case No. 1:

A seventeen-year-old young lady is driving home from her evening class at a local college when a car operated by another individual swerves across the center divider and hits her straight on. She is evacuated by helicopter to the closest trauma hospital whereupon a craniotomy is performed in order to release the pressure resulting from multiple subdural hematomas. Additionally, as a result of spinal cord injury, the young lady is rendered quadriplegic. The catastrophic injuries are apparent to all. The victim’s brain damage renders her a functional five-year-old in mental development. She is fed through a gastrostomy, and will require attendant care the rest of her life.

Case No. 2:

A forty-two-year-old working mother of three is stopped before a crosswalk allowing an elderly pedestrian to cross the street with her walker when her car is suddenly and unexpectedly rear-ended. She keeps her foot on the brake in order her vehicle is not pushed into the crosswalk thereby striking the pedestrian. The force of impact appears to have been fairly minor. There is approximately $1,200 damage done to her car. She does not lose consciousness. Other than a diagnosed cervical “strain”, CT scans and other neurologic testing are without adverse finding. Within several months, however, thevictim’s family notices a marked change. She expressed difficulty with attention and concentration and ultimately loses her job. Her life spirals in denial, confusion and discomposure. Finally, a treating health care provider concedes that she sustained a so-called “mild” traumatic brain injury. accident injury lawyer

The above two case scenarios are a mixture of facts involved in actual cases brought within the court system in the State of California. The effects of brain injury were profound on both victims, although due to the extent of those injuries, their damages were somewhat different.

In a case involving catastrophic injury, the failure to obtain adequate compensation will deprive the victim of the very funds he/she may need in order to survive. Often times, and especially where the victim’s injury dictates on-going medical care, the future economic loss may be staggering.

Contrast the catastrophic injury case with a “mild” TBI case. Often overlooked or misunderstood, a case involving so-called “mild” traumatic brain injury, with corresponding cognitive deficits, will cause a devastating impact on the vocational abilities of the victim, not to mention the impairment to quality of life.

Perplexity and distractibility are among the most common problems associated with brain injury. Any cognitive deficit, including impairment to attention and concentration, will have a devastating impact on an individual’s ability to work and perform properly on the job. Necessarily, the quality of life is deeply affected.
personal injury attorneys
Areas of financial responsibility will generally fall into the following categories: (1) past, present and future medical bills; and (2) past, present and future lost wages and earning capacity. Obviously, the victim has also sustained compensable damages relating to pain and suffering and emotional distress, although those damages are not discussed herein.

(a) Past, Present, Future Medical Expense. The good news is that even if you are without insurance, when you are transported from an accident scene, or place of injury, to a trauma facility, you will not be turned away. Even comatose individuals without insurance will initially be treated by a trauma facility. However, the length of treatment, quality of treatment and treatment options may be curtailed in individuals without appropriate coverage.

If another person’s negligent or intentional acts cause the infliction of traumatic brain injury, there is no reason why that individual should not be held responsible for payment of your medical expenses. After all, if your own insurance is not sufficient to cover the losses, then the taxpayers will be left with the burden of funding whatever treatment you receive. The allocation of financial burden between the taxpayers and a negligent or intentionally wrongful actor should be an easy decision.

To give you an idea of the staggering health care costs involved in a typical catastrophic case, once again turn to Case Scenario No. 1, above. In a 1995 case, proceeding to trial in California, the health care costs of a spastic quadriplegic brain injured young lady were estimated at $106,000 per year through age 45 and then, when her parents die the costs were estimated to increase to $303,000 per year. The total future lifetime costs, assuming a below historically based medical inflation rate of 5%, is over $166,000,000. When reduced to present cash value (using a historic U.S. Government bond rate), the cost is still $14,000,000.

Obviously medical expenses incurred in the “mild” traumatic brain injury case are considerably less. Life care plans developed for victims of “mild” traumatic brain injury do not typically include ongoing orthopedic care, ongoing neurologic care, round the clock therapist care, and other expenses more commonly required in the catastrophic case. However, emergency room bills were likely incurred, and they are never cheap. Radiological studies, including CT scans or MRI may have been ordered. If properly followed, a neuropsychological assessment has been incurred, and rehabilitative training follows. With today’s health care costs, the price tag for such treatment is not inexpensive.personal injury representation

(b) Past, Present, Future Lost Wages/Impairment to Earning Capacity. In a catastrophic injury case, the victim may never be able to hold a job again. Where the victim is an adult parent, children and other dependents are left without any meaningful source of support. Obviously, a life is shattered. The loss represents the entire earning capacity of that adult from the time of injury through his/her work life expectancy. Often times this amounts to over a million dollars even when relegated to present value.

In a case involving “mild” traumatic brain injury, earning capacity is also dramatically impaired. Virtually all tasks performed in the vocational setting require concentration and attention. Where a victim of mild traumatic brain injury has incurred attention and concentration deficits, job performance is adversely affected or outright prohibited. In many instances, the victim will require complete vocational rehabilitation training. Simply put, the victim will be unable to return to his/her former line of work. Obviously, chances for job advancement are greatly curtailed.

(c) The Lawyers’ Role in Presenting Damages. In the litigation arena, it is your lawyer’s job to present your damages in order you be compensated for your injuries. In the catastrophic case, the presentation of such damage figures becomes an art unto itself. Jury alienation is always a concern, even where such damage figures are reduced to present value.

In the “mild” TBI case, the jury must be made to understand that the cognitive deficits affecting this outwardly-appearing “normal” human being will have a devastating impact on that individual’s ability to work and perform properly on the job.

In most instances, in addition to the testimony of treating physicians, life care plan specialists, vocational rehabilitation specialists, and forensic economists will be employed. By using these specialists, a jury is given the entire “needs” framework of the traumatic brain injury victim. The care given in the past, and the reason for that care is explained. Future care needs are likewise explained and all care costs are quantified and relegated to present value. Similarly, earning capacity is explained and mitigating income is taken into account. In all, the jury is left with a thorough understanding of the severity of economic needs of a victim with traumatic brain injury.

01 May

Frequently Asked Questions About Accidents

Frequently Asked Questions About Accidents

What if I want to make a claim for my injuries?
What if someone sues me?
Should I get physical check-up after the accident?
How can I get help?
What should I do if the other driver does not have insurance?
How does attorney fee structures work?
What is attorney-client privilege?

1) What if I want to make a claim for my injuries?
If the other driver was at fault, you may be entitled to compensation – for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. You should make a claim with the other driver’s insurance company a.s.a.p . But, if you are not satisfied with the amount they offer, you may want to contact a attorney . personal injury attorneys
If you plan to sue, do not delay. There are time limits for filing various types of claims – usually one to two year after the accident, but sometimes much less so act quickly, you can sue for $5,000 or less in small claims court. A lawyer can’t represent you in this court, but you can talk with one beforehand.
If you want to sue for a larger amount, you will need your own lawyer. An insurance company lawyer cannot represent you if you are the person who is suing (the”plaintiff”). Many lawyers take accident cases on a contingent “fee” basis. That means you do not pay the lawyer if you lose the case. If you win, you pay the lawyer a percentage of the money you get. Most lawyers charge a smaller percentage if the case is settled before the lawyer does all the work necessary to go to trial. If you and your lawyer agree to a contingent fee, the lawyer must put the agreement in writing and give you a signed copy. The contract should explain what percentage the lawyer will get if you win and how it might vary. It should also state who will pay for any court costs.

2) What if someone sues me?
Contact your insurance agent and/or your lawyer right away. Generally, your insurance company will assign a lawyer to handle your case. But, if you are sued for more money than your policy covers, you may need your own attorney too. Also, insurance company lawyers do not handle traffic citations or criminal cases, such as hit and run charges. If you are charged with a crime and cannot afford a lawyer, call your county’s Public Defender. Depending on your income, you may qualify for free assistance. To find the Public Defender, look in the white pages under the name of your county.

3) Should I get physical check-up after the accident?
A check-up may be a good idea for both you and your passengers. You could be injured and not know it right away. At least call your doctor or another health care provider for help in deciding what your needs may be. Your automobile insurance may pay your health care bills.car accident lawyers

4) How can I get help?
As soon as you can get to telephone, call 911. Explain the situation and give your exact locations, so help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine. Or, flag down a passing car, and ask the driver to go for help. Perhaps the driver will a cellular phone in the car and can make an emergency call on the spot.

5) What should I do if the other driver does not have insurance?
If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries – if you have “uninsured motorist” or medical payments” coverage. If the other driver’s insurance is not enough to pay for all of your damages, your own insurance may pay the difference – if you have “underinsured motorist” coverage. If you do not have these kinds of insurance or if your damages are more than the policy’s limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision insurance, it will pay for damage to your car, no matter who is at fault.

6) How does attorney fee structures work?
Most attorneys charge by the hour. Other fee structures include flat fees, contingent fees or retainer fees. The following provides a simple explanation of how each kind of fee structure works.
The hourly rate primarily depends on the attorney’s experience, although other factors include operating expenses and the location of the practice. An experienced attorney may also be able to give you a better estimate of how much (s)he will end up charging you. personal injury attorneys
Attorneys will charge a flat fee when dealing with a more common legal matter, such as composing a will or drafting bankruptcy filings. When dealing with a flat fee, ask what it covers.
Another common fee structure includes a retainer fee. Retainer fees involve creating an escrow account into which you pay in advance, and they deduct from this account in accordance with their hourly rate.
Attorneys occasionally use a contingent fee structure. In this kind of fee structure, the attorney does not charge any fees, but instead takes a percentage of the settlement (usually 33%) and fronts all costs related to bringing the matter. Contingent fee structures are usually used in personal injury cases and debt collection cases, but are not allowed in divorce, criminal or child custody cases.

7) What is attorney-client privilege?
Attorney-client privilege means that any legal information or matter that you discuss with your attorney cannot be discussed with anyone else. Aside from a few exceptions and unless you consent to release legal information pertaining to your case, s(he) is required, by law, to keep all of your information confidential