Automobile Accidents
Legal claims arising from motor vehicle accidents are typically governed by the law of negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. Figuring out who is at fault in a traffic accident is a matter of deciding who was negligent.
In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. An attorney will look to a number of sources in any automobile accident case to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.
Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include disobeying traffic signs or signals, failing to signal while turning, driving above or below the posted speed limit, disregarding weather or traffic conditions or driving under the influence of drugs or alcohol.
Commercial Vehicle Accidents
Commercial vehicles can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious or fatal injuries.
Often, the trucking company insurance representative will arrive at the accident scene within minutes in order to take pictures, interview witnesses, and compile their version of the events in order to avoid or limit the liability their company will face in the event of a lawsuit. Invariably, the trucking company’s version of the accident will place you at fault.
Texas employs a doctrine of comparative fault, whereby the actions of both the plaintiff and the defendant are factored into a jury’s decision to award compensation. If the jury finds that the plaintiff is partially to blame or contributed to the accident in some way, they may then discount the compensation that the plaintiff will receive proportionately. If the jury believes that the plaintiff contributed more than 50% in causing his or her own injuries then the defendant does not have to compensate the plaintiff.
The consequence of this is that the defendant simply must show that they are not entirely responsible or deflect the blame elsewhere in part. Trucking companies are not usually willing to settle with accident victims if they believe that there is the slightest chance that they can deflect the blame elsewhere in trial.
Utilizing a lawsuit to resolve the harm done by a truck accident serves two important purposes: permitting the injured party to recover from the financial, physical, and emotional harm caused by the wreck and to dissuade those whose negligence caused the accident from conducting themselves in that fashion ever again. In situations where egregious conduct or wanton recklessness causes you to suffer harm, a jury may force the defendant to pay additional damages to further dissuade such reckless behavior. In assessing and presenting your claim, a skilled attorney will consider all aspects of the harm and loss you have suffered as a result of your accident and ensure that you receive fair compensation for your injuries.
Drunk Driving Accidents
Although a drunk driving accident case may seem cut and dry, the reality is that these types of personal injury cases require specialized investigation. Our law firm has the experience, tools and resources to undertake the full and complete investigation necessary to pursue your interests effectively.
One problem in many drunk driving accident cases is a lack of proper insurance – the irresponsible driver either lacks enough coverage or has no automobile insurance whatsoever. This means that your attorney must pursue other avenues of recovery on your behalf, including negligent employers who over serve employees at work functions or bars and restaurants that serve alcoholic beverages to already intoxicated patrons. The Dram Shop Act refers to a Texas state law that outlines the responsibility that servers of alcohol for serving alcohol to an already intoxicated patron.
As you can imagine, evidence that proves a serving establishment encouraged a violation of the act can be difficult to come by. The more time that passes, the harder it may be to find this information.
Uninsured/Underinsured Motorist Claims
Over 14 percent of drivers on the road today do not carry legally required liability insurance. Even drivers who do carry insurance sometimes only carry minimum limits, which may not be enough to cover all of the damages in an accident for which they’re responsible. If the at-fault driver can’t afford to pay out of pocket for the damages that insurance doesn’t cover, you’ll be left paying for them — unless you have Underinsured Motorist insurance, which covers situations in which the at-fault driver is underinsured.
Art. 5.06-1 of the Texas Insurance Code mandates that all automobile insurance companies doing business in Texas offer UM/UIM coverage as a part of the standard Texas Personal Automobile Insurance Policy, with the purpose being to protect those so insured against the negligent acts of “financially irresponsible” motorists.
Texas State laws surrounding uninsured or underinsured motorist insurance coverage are somewhat complicated in Texas; if you find yourself unable to recover financial compensation after a Houston, TX car accident an experienced personal injury lawyer can help guide you through the process and get you the best possible outcome.
Cell-phones and Texting
Texas State Law prohibits drivers under age 18 from using any type of wireless communication device while driving; Texas also places limits on school bus drivers (cannot use their cell phone when children are on the bus), drivers in school zones (cannot use a wireless communication device) and drivers with a learner’s permit (six-month moratorium on using cell phones when they first learn how to drive).
Additionally, some Texas cities and counties have local bans on texting while driving: these include Dallas, Austin, Amarillo and San Antonio. Even though texting while driving is not specifically illegal for all motorists in Texas, reckless driving is. According to the Texas Transportation Code, reckless driving is defined as operating a motor vehicle with “willful or wanton disregard for the safety of persons or property”. In reckless driving, the driver does not intend to cause harm but still sees the possibility of harm, taking the risk anyway. Recklessness involves a greater degree of fault than negligence but a lesser degree of fault than intentional wrongdoing.
Drivers who fail to show a reasonable degree of care when driving can be sued and made to pay damages in a personal injury claim, and victims have a legal right to claim damages and compensation.