02 Mar

Know What To Do After An Motorcycle Accident

Know What To Do After An Motorcycle Accident

1. What should I do if I have been injured in a motorcycle accident? 
You should immediately contact the police so that an investigation can be done. You should also obtain the name and addresses and insurance carriers of any vehicle owners involved in the accident

2. Is there a time limit in which I need to file a lawsuit in this type of case? 
In most personal injury cases, a lawsuit must be brought within two years of the date of the accident. An attorney will let you know the specific time limit in your home state. 
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3. What should I do if I have been injured? 
Even if your injury seems minor, be sure to report it to the police officer at the scene. A minor injury may become more significant later on. With most all injuries, you should seek prompt medical treatment and follow your doctor’s advice. 

4. Do I need an attorney?
If you, and your physicians, are not certain of the extent of your injuries and how they may impact your future, you should consult with an attorney. An experienced attorney will be able to evaluate your case and advise you of your legal rights. A delay in consulting with an attorney may negatively impact your case, so be sure to contact an attorney immediately following the accident.

5. Who can be held responsible for the injury or death of a motorcycle operator?
Any person who causes a motorcycle accident due to their wrongful or negligent conduct may be considered at fault and held responsible for the injury or death. Potential defendants may include other vehicle drivers, product manufacturers, owners of dangerous private or public property, repair shops, and any other person that contributed to the accident.

6. What if I was partially at fault for the accident?
A person can still sue, even if partially at fault, as long as they can prove that at least one other person also contributed to the accident. In a case such as this, however, your recovery may be reduced.

7. Is the investigation of the accident important?
It is critical. There is almost always a presumption that motorcyclists are responsible for accidents, so a thorough investigation must be performed to establish the fault of another. An investigation will include the examination of the scene and vehicles involved, and obtaining of statements from witnesses. Be sure that you do not move your motorcycle or helmet after the accident. It will be a major part of the investigation. 

8. Is it possible that my case will settle out of court? 
Yes. About 90 percent of motorcycle accident cases settle; however, they are generally more difficult to settle out of court than any motor vehicle cases, because insurance companies are more willing to try them in hopes that the public’s bias against motorcyclists will help them win the case or at least hold down the monetary awards.

07 Jun

Auto Accident Questions Your Attorney Should Have The Answers To

Auto Accident Questions Your Attorney Should Have The Answers To

When dealing with an auto accident in Texas there are numerous questions that must be addressed and answered. Not every lawyer knows all the legal questions that must be investigated and then answered to ensure that you receive maximum compensation under the law. When looking for an auto accident attorney, see if they have the inside knowledge of the auto insurance business by asking them if the following questions are important. Based on their answers, you’ll know if that lawyer can get you all you deserve whether it’s via settlement or a trial.car accident attorneys

So what exactly is a serious injury?

Under the law, it is defined as a personal injury resulting in death, permanent and serious disfigurement, or serious impairment of bodily function. Courts across Texas are, in fact, still interpreting what constitutes a serious injury. Generally speaking, they will look to see if your injuries have substantially affected your ability to perform your normal everyday activities of life for a long period of time and caused you to suffer a significant amount of pain and discomfort during that time. More information on Carabin Shaw’s link here @ https://www.carabinshaw.com/corpus-christi-automobile-accident-lawyer.html

Do you have uninsured or underinsured motorist coverage? Does it come with stacking or without?

Uninsured: Uninsured Motorist coverage offers protection for you and your family if you were injured in an accident, and the other driver has no insurance. It also protects you if the driver who caused the accident leaves the scene without stopping. In other words a hit and run. UM, coverage is fairly cheap but you can waive it. By waiving UM coverage, you are choosing not to insure or protect yourself and your family. It’s honestly not a wise move. I mean why would you buy insurance to cover someone else if you’re at fault but not yourself? If you choose UM coverage, your insurance company will pay you like another insurance company would if their driver was at fault. Also, your insurance company is NOT allowed to raise your rates or refuse to renew your coverage just because you make a claim for UM benefits. If the accident wasn’t your fault, your rates will not go up just because you made a claim.

Underinsured: Underinsured Motorist Benefits protect you and your family if you were injured in a car accident and the driver at fault had insurance coverage, but the amount is too low to compensate you for injuries. Here’s a simple example; let’s say you get in an accident and the driver at fault maintained the minimum amount of insurance allowed in Texas which is $15,000. They pay you that money. Now let’s assume that you were hurt pretty bad in that accident and it was determined that fair compensation for your injuries would be $100,000. If you had underinsured motorist coverage of $100,000, your insurance company could pay you an additional $85,000 to make sure you are fully compensated. Again, your insurance company is not permitted to raise your rates or refuse to renew your coverage because it paid underinsured benefits. If the car accident was not your fault, your rates can not go up just because you made a claim. It is strongly recommended that you obtain and keep underinsured coverage. These days $15,000 doesn’t go too far in a hospital. This coverage is worth every penny.

Stacking: If you have “Stacking” with your insurance policy, this means that you are permitted to add together or “stack” the coverages of each automobile owned and registered in Texas for uninsured (UM) or underinsured (UIM) coverage or insurance. For example, if each vehicle has $15,000 and $30,000 coverage respectfully, and there are two vehicles, the actual coverage would be equivalent to $30,000 and $60,000 limits. Again, stacking is “optional” coverage but it’s recommended by most lawyers.personal accident lawyers

Do you have income loss protection?

This coverage may be worth its weight in gold. If you choose it, generally speaking, 80% of gross income lost after the first five days of work missed can be recovered up to $1,000 per month. The minimum wage loss coverage you may purchase is $5,000.00. It’s highly recommended that you purchase income loss protection at a level that provides a safety net for you and your family. If you do not have it, you may not be able to collect money for your lost wages until your case has been resolved through a trial or by settlement.

Umbrella insurance: An umbrella policy is excess liability insurance coverage over and above that which is covered by an automobile insurance policy. It picks up where the regular automobile policy leaves off. Think of it as an extra layer of coverage.

Does workers’ compensation coverage apply?

Workers’ comp covers employees from injuries that occur while working and provides wage loss and medical benefits. Most people do not think of workers’ compensation coverage when they are involved in a car accident. If your accident involved a trip or errand for your company, it may very well be covered under Texas’s rules for workers’ compensation. Even a car accident while commuting to and from work can “sometimes” be covered. Not always but definitely sometimes. Here’s an example: The employee’s duties included travel or the employee was running an errand for his employer during his or her commute. Other examples include when an employer is paying/reimbursing mileage as part of an employee’s salary and where the employee has no fixed place of work such as an office or building that he or she reports to every day. A health care provider or nurse that travels to different patients’ homes every day is a great example. He or she may be covered by workers’ compensation even if the car accident occurs on their commute home. Why? Because they have no fixed place of work. A wise lawyer will know this and make sure to at least attempt to get workers’ compensation coverage if it looks like a possibility.

What if the accident happened out of state?

If your injury or car accident occurred out of state, there are many issues that you need an experienced personal injury car accident attorney to investigate. You may very well be bound by the state’s laws where the car accident occurred regarding when and how to bring a claim. Every state has set limits as to the amount of time you have to file a claim. This time period is called a statute of limitations. It definitely varies from a personal injury claim to claim and from state to state. Most jurisdictions though allow victims at least a year from the date of injury or the date the personal injury was discovered, to file a lawsuit. However, every state has its own laws and you may have to make your claim or give notice within a shorter period of time. There may also have to be legal decisions on where to file the claim. If the person at fault is a resident of another state, you may be able to file your suit in Federal Court in the state where you live. However, sometimes there may be advantages to filing suit in the state where the car accident occurred. It simply varies from case to case. Make sure your lawyer has the contacts and knowledge to help you if your accident happened elsewhere.

What if I am partially at fault in causing the car accident?

You may still recover damages if you are partially at fault. However, a judge or jury may find you to be more than 50% responsible for your own injury and then you probably wouldn’t be able to get damages. For example, if you are found 40% negligent and the other driver is found to be 60% negligent, you may recover. This is known as “comparative negligence.” There is no formula for arriving at a precise number for a person’s negligence. You need an experienced auto accident attorney to negotiate your settlement with an insurance adjuster or possibly argue your case to a jury at trial.

Did the car accident involve drunk driving?

If a person was intoxicated who caused the car accident, a claim may also be made against the business, bar, or restaurant that served alcohol to the driver. That is if the driver was visibly intoxicated when they served him or her. This is known as a “Dram Shop” case or complaint. Under Texas law any person or business that negligently sells a container of alcohol to a visibly intoxicated person may be held liable under the Dram Shop Act for potential injuries. In reality, you may have a claim against the at-fault driver and the business that served alcohol to that driver. Because these cases are complicated and involve multiple insurance companies, you need an experienced Dram Shop lawyer and a lawyer familiar with insurance involving drunk driving charges.

These are just some of the complicated legal questions, which must be addressed whenever a car accident occurs in Texas. Do your best to hire an experienced and competent attorney that already knows these issues and is willing to do all they can to secure the best and most just settlement for you and your family.

Our Main Office:

Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215

13 May

Truck Accident Facts – 18 Wheeler Accident Lawyers

An 18-Wheeler truck due to their size and weight can be very dangerous. They do not stop as fast as a car. According to the Department of Transportation there are about 500,000 trucking accidents every year in the United States with about 5,000 of these accidents resulting in a death. Truck accidents cause roughly 130,000 injuries every year in our nation. In Texas there were 284 fatal truck accidents and 2,339 accidents that resulted in serious injuries in just one year. Find more information here @ https://lawyers-pi.com/truck-accident-lawyers-san-antonio/
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Driver Fatigue

Driver fatigue is one of the leading causes of 18-wheeler accidents. Many times it is directly tied to profits. The federal law known as the Federal Motor Carrier Safety Administration regulations (FMCSA) limit the number of hours a driver may operate an 18-wheeler for any given day. A driver must keep a log book showing the time behind the wheel and the time of rest. Sometimes driver’s logs are changed in attempt to hide the fact that the driver is over the limit on their hours. Our attorneys meticulously review the driver’s logs then compares them to driver’s receipts, travel path and other documents to determine if the log books have been faked.

Poor Truck Maintenance

Poor maintenance causes truck wrecks. Tires that are under inflated can cause heat build up making the tire blow out. A tire blow out can cause a large truck to veer into the path of an innocent driver. Axle and steering problems can cause a crash. Thus it is critical to obtain access to the truck right after a crash to have experts conduct a complete inspection. It is also necessary to get the maintenance records and analyze them to determine if improper maintenance cause the crash.

Overloaded Trucks

Overloaded trucks do not stop as fast as they should and are harder to drive and put undue pressure on tires and brakes. Trucks are generally overloaded to increase profits but profits should never be put before safety. The Federal Highway Administration sets a maximum weight of 80,000 pounds for an 18-wheeler. If a crash occurs, it is critical to determine if the truck is overloaded immediately after the crash to prevent evidence from being lost or destroyed.truck accident attorneys

Unbalanced Loads

Freight that is improperly loaded or poorly secured can cause a big rig to jack-knife, overturn or veer into the path of an innocent motorist. The trucking company and driver may be responsible for these loading errors or failure to tie down freight.

Drugs & Alcohol

While accounting for a small percentage of truck crashes, drugs and alcohol still claim many lives. Article §391.15 of the Federal Motor Carrier Safety Regulations makes it illegal to operate a large truck under the influence of alcohol or drugs. Mandatory alcohol/drug testing are required after a crash when the driver’s performance could have contributed to the accident (as determined by a citation for a moving traffic violation) and for all fatal accidents even if the driver is not cited for a moving traffic violation or when there is reasonable suspicion – conducted when a trained supervisor or company official observes behavior or appearance that is characteristic of alcohol or drug misuse. Visit this website

For a Quick & FREE review of your case call us today.

23 Apr

Rollover Accidents – Personal Injury Law

Vehicle rollovers happen in only a small fraction of all serious accidents, yet they are responsible for nearly one-third of accident-related fatalities. Two types of design flaws usually contribute to the devastating injuries brought on when a car rolls over. The first flaw is faulty design, usually in the suspension; the second is a poorly designed roof that crushes on impact, causing serious harm in nearly every instance of a rollover. personal injury lawyers

The decision of some automakers to weigh profit margins more heavily than human safety appears to be responsible for many of these devastating accidents. Electronic stability control (ESC) is an existing technology that minimizes loss of control and could prevent most rollovers, yet it is still not installed in many vehicles. Moreover, car makers regularly cut costs on materials in the roof to save money, making them more likely to crush the occupants in a rollover. Manufacturers of taller, top-heavy vehicles, such as trucks, vans, and SUVs, should be especially diligent in their design specifications regarding the possibility of a rollover, and manufacture the cabin to protect the occupants in the event of such an accident.

While tire failure or defective tires do indeed cause accidents, they should not cause a rollover. It is true that on a sharp turn, automobiles with a high center of gravity can “trip” over themselves, when the tire deforms and the rim hits the pavement, causing a rollover. However, this can happen with healthy tires, and is a defect in the overall design of the automobile and not the manufacturing of a particular tire. If the right type of tire is on your vehicle, a rollover should not occur. For this reason, it is important to maintain the right type of tires; an expensive, “high-performance” tire may be marketed to make your vehicle more “sporty,” but it may not be the safest choice.

The trial attorneys in our firm are familiar with virtually every type of rollover accident, and handle cases stemming from side-impact, sharp turn, head-on, or rear-end accidents which can cause serious personal injuries or wrongful deaths. If you or a loved one has been involved in one of these devastating tragedies, contact the lawyers in our office today for a free consultation to discuss your case.

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