This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
After hearing about your car accident injuries caused by a careless driver, your friends or family will probably tell you that you should sue for damages. You want to, but you aren’t sure if you have a valid claim. You may wonder, “Do I have a case?”
In order to answer this question, you will need to learn the basic law regarding car accidents and know what you could be entitled to, based on the particular circumstances of your case. You must also gather several forms of information regarding your car accident.
You are probably in a great deal of pain from your injuries and anxious about your medical bills. Or perhaps you are grieving a loved one who is suffering due to car accident injuries. Perhaps you have lost a loved one.
It is at this point that you need an appointment with a qualified personal injury attorney.
Give us a call toll-free or email us to talk to one of our experienced car accident lawyers.
One of the most important steps to take after your car accident is collecting all relevant information related to your car accident. A police report is a vital document. Document the names of the officers who responded to the accident.
Additionally, talk to individuals at the accident scene such as witnesses or passengers who may be able to provide additional information and fill in any gaps.
Hold onto all paperwork related to medical treatment. Keep a detailed log of all treatments and procedures as a result of the accident. Remember the names of every doctor you speak with, even doctors who simply refer you to someone else.
Keeping a journal is also highly recommended. Record any days you missed from work and document all of the ways your daily life has been disrupted because of the accident.
Negligence is the core legal theory on car accident lawsuits. The law presumes that every driver has a duty to drive with reasonable care. A driver who fails in this duty and causes harm or injury to someone else is negligent and can be held legally responsible.
For example, a driver has a legal duty to obey traffic signals. If a driver fails to stop at a red light, the driver has breached this duty. If the driver’s vehicle strikes your vehicle, causing you injuries and perhaps vehicle damage, there is a good chance a jury would determine that the other driver was negligent.
You may feel as though your accident and injuries were caused by another driver’s negligence, but you still aren’t sure if you have a case. You want assurance from someone with the proper skills and knowledge before you file a lawsuit.
If you suspect that negligence caused your injuries, it is time to speak with a capable and compassionate personal injury attorney who can vigorously advocate on your behalf. It is minimal or no cost for an initial appointment, and the attorney will provide an honest assessment of your circumstances and your chance for success.
Call us toll-free or email us today to make an appointment with one of our car accident lawyers to discuss your accident and potential claim.
Motorcycle Accidents can be Challenging, Discuss Your Case With Our Attorneys
After a motorcycle accident, there is every reason why you may be confused and uncertain about what you should do next. You may be wondering how you should proceed in order to receive compensation from the negligent person that caused your injuries.
Many people believe that the procedures after a motorcycle accident are similar to the procedures after an automobile accident. Unfortunately, the process is quite a bit more difficult. The attorneys at our Law Office have written this brief article to help explain your basic rights as well as to explain what to do after your accident.
First of all the severity of the property damages and physical injuries are much more extensive than in an accident involving two cars. This is mainly because the motorcyclist has basically no protection in the accident and the motorcycle is directly exposed to severe damage. When the injuries and damages are so high, the insurance companies go on high alert immediately. They know that if they lose this case they will effectively lose a lot of money in a settlement. Consequently, they will send out their most experienced insurance adjusters and defense attorneys and will do whatever they can to negate your case and attempt to pin the blame on you. A skilled motorcycle accident attorney can help protect your rights in scenarios like this.
These adjusters in particular will try to talk with you and will attempt to have you incriminate yourself by saying that you really are not that seriously injured or even that you actually caused your own accident. They will twist whatever you say and will take things out of context to use against you later on in court.
One of the biggest challenges that a motorcyclist faces is the popular bias that exists that basically denigrates the biker. Perhaps because of the manner that the media has portrayed motorcyclists, most people believe them to be wild, reckless irresponsible rebels, with little concern for the safety of anyone, including themselves.
Recent studies have shown that 85% of the general public assumes that the motorcyclist is the liable party when involved in an accident with the motorist. This is an example of a situation where an experienced motorcycle accident attorney can make a huge difference by being able to swing the jury into seeing the motorcyclist in a fair light.
In reality, studies have shown that most of the time motorcycle accidents occur because the auto drivers do not see the smaller motorcycle and drivers on the highways. Motorists evidently instinctively look for vehicles that are their size or larger and fail to be vigilant enough to recognize all vehicles on the road as they should. Again, this is a time when a skilled motorcycle accident attorney can prove to be invaluable, for it takes an experienced attorney to help juries overcome the misconceptions and prejudices that cloud their judgment when considering a case involving a motorcyclist.
In a large number of accidents, both drivers are to some degree responsible. Insurance companies accordingly only have to convince a jury that the motorcyclist is 51% liable in order to win their case. It isn't necessary to prove that the accident was the motorcyclist's fault, only that it was somewhat the motorcyclist's fault. When you combine this with the already preconceived bias that exists with the jury, the difficulty in these types of cases becomes readily apparent. A motorcycle accident attorney can navigate these treacherous waters and ensure that the jury's biases have a minimal negative impact upon your case.
How We Can Help
We understand the trauma that accompanies a bad motorcycle crash. Our goal is to help you through this difficult period by taking away any worries or concerns regarding your legal and financial issues, allowing you to spend time recuperating and healing.
The attorneys at our Law Office have been successfully litigating personal injury cases for over 20 years. During this time we have won millions of dollars for our Texas clients from major insurers nationally. As a result, major insurance companies are well aware of our stellar reputation and are often eager to settle out of court rather than face our highly skilled attorneys in the courtroom. This of course can be beneficial to you, requiring less of your time involved in the legal process and generally enabling you to receive your settlement check more rapidly.
If you or a family member has been injured in a motorcycle accident, contact our Law Office today. We offer a free consultation and are available 24 hours a day. Our attorneys look forward to discussing your case with you and to answering all of your questions.
Texas Drunk Motorcyclist Attorneys on Drunk Driving Motorcycle Accidents in Texas
Nearly since the advent of the motor vehicle, the extreme risks of operating a car, motorcycle or any other means of conveyance while intoxicated have been recognized and grimly documented through an infinite number of cases.
A good deal of responsibility lies with the compromised operator of the vehicle, and the law recognizes this. What you may not realize is that the law also recognizes the responsibility of drink-serving establishments and their role in causing your accident. More information here @ https://no1-lawyer.com/motorcycle-accident-lawyer-in-midland/
In any personal injury case, justice compels all parties to assume their true liability. The place of bars, nightclubs and taverns in causing drunk driving motorcycle accidents is recognized by law and should be recognized by you. Drunk driving accidents involving any motor vehicle can have disastrous consequences and precipitate devastating damages, but the risk is significantly increased when a motorcycle is involved. If you or a loved one has been injured or suffered death as a result of operating a motorcycle while intoxicated, contact our Texas drunk motorcyclist attorneys to ensure that all liable parties assume their appropriate responsibility. Henceforth, we shall examine exactly what that may be.
Dram shop cases have a cryptic name and a controversial history. Perhaps more than any other field of personal injury law, dram shop cases are the least known. Consequently, absent a competent drunk motorcyclist lawyer, defendants may not be apprised of what dram shop laws afford them.
Dram shop cases center around the responsibility of bars and taverns assume in serving drinks to customers. The law is clear on this point: bars are not permitted to over-serve their clientele. If an already drunk individual enters the bar, they are not permitted to serve him or her at all. The parameters are well-drawn. The legal blood-alcohol content level is 0.08% and below. Bars, taverns and nightclubs are not allowed to sell alcohol in any quantities that would shove a patron over this legal limit. The law is clear on that point. If injury or death occurs as a result of over-consumption, the following parties are permitted to bring suit against the alcohol-serving establishment:
A bereaved family member, in the case of death
Third parties suffering damages as a result of a drunk driver
When the first two types of plaintiffs bring suit, it is known as a first-party dram shop case. We will focus on this type of case going forward.
Many who do not have full, working knowledge of law and liability dubiously regard dram shop laws. The responsibility of drink-serving establishments often goes unexamined and the drunken motorcyclist is thought to carry the brunt of responsibility for riding while intoxicated. The law does not ignore the personal responsibility of the motorcycle’s operator, but neither does it leave the role of the establishment unexamined. An experienced drunk motorcyclist attorney can help you navigate the exact framework of these laws. see more information on this website @ https://caraccidentattorneysa.com/motorcycle-accidents/
Dram shop laws were drafted because litigators recognized alcohol’s mitigating influence on rational decision-making. The drinker, rationale dictates, is incapable of managing his or her own intake past a certain point. Therefore, the bartender and the establishment where he or she works assume the role of a caretaker and must take reasonable precautions, not to over-serve patrons. The state of Texas recognizes this responsibility to its full extent and will rightly allow prosecution of these bars, taverns, and nightclubs.
In order to bring a first-party dram shop case, the drink-serving establishment must be found to be more than 50% liable for your motorcycle accident or the motorcycle accident that resulted in the death of your family member. This is a firm answer to dram-shop skeptics who maintain that these lawsuits allow for frivolous suits. It ensures that dram-shop cases can only be brought against bars and clubs that act in a proven, negligent manner.
The sad reality is that most bars and nightclubs do not exercise even the most basic level of precaution where over-service is concerned. In almost every establishment, bartenders in Texas are required to pass a Texas Alcohol and Beverage Commission (TABC) exam in order to be allowed to serve alcohol. These exams instruct aspiring bartenders in the practice of identifying drunken patrons. Holders of a TABC certificate are well-informed and know not to serve drunk customers. Regardless, it is the responsibility of the establishment to instruct bartenders in the identification of drunken persons and to direct that such should be cut off from further drink service. Bars and clubs usually prefer to short-circuit this process by hiring TABC certified personnel who they know have been previously instructed in these matters.
Consider the following:
Comfort Level - Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
Credentials - How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
Cost - How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?
City - Is the lawyer's office conveniently located?
Texas law allows injured drivers and passengers, and the families of the loved ones who have died or were injured in car accidents, to file a lawsuit against those responsible for the accident.
Legal responsibility, called “liability,” for a car accident often depends upon proof that another driver was at fault. The other driver, however, does not have to intentionally cause the crash. Proving the other driver operated the vehicle in an unsafe and unreasonable manner under the circumstances, known as negligence, is sufficient evidence to demonstrate liability.
In certain cases, non-driver factors lead to a car accident. These factors can include roadway hazards, poorly-marked construction sites, construction site debris, sand, or gravel on roadways, and other dangerous road conditions. Keep in mind, the deadline under Texas to bring a lawsuit, known as the statute of limitations, can be as short as six months for claims against governmental agencies.
When should you contact a car accident lawyer?
If you or a loved one has been involved in an automobile accident, you should discuss your case with an experienced auto accident attorney immediately. If too much time goes by before an injury lawyer takes on your case, certain evidence in your case may become impossible to acquire, witnesses may become out of reach, and insurance companies may disadvantage you. Our law firm handles exclusively personal injury claims and wrongful death claims.
Once we accept your automobile accident injury claim, we immediately begin working to obtain for you the maximum compensation allowed by law. We will:
Conduct a thorough investigation
Acquire all available evidence needed to prove and maximize your claim
Work with auto accident reconstruction experts to prove that the other party is at fault
Utilize medical experts to support your claim for the full extent of your injuries
Common Car Accident Injuries
Car accidents can be extremely traumatic. While some of the more fortunate accident victims are able to walk away from crashes without injuries, the sad truth is that many people don’t. In fact, too many car crashes that occur on Texas roadways are catastrophic—some of which result in death.
Because car crashes are usually violent, injuries are common. In fact, across the United States, there are about 1.6 million injury-causing car crashes every year. Whatever your injury and whatever the resulting cost, a San Antonio car accident lawyer from our firm can help you seek compensation to pay for your recovery.
Some of the most serious injuries resulting from car accidents are traumatic brain injuries. Symptoms of a brain injury can be mild, moderate, or severe, depending on several factors involved in the accident.
Unfortunately, brain injuries don’t always show symptoms immediately. If left untreated, even a minor brain injury can cause permanent damage; this can happen when the brain swells and creates too much pressure inside the head.
Spine and Back Injuries
Spine injuries can leave victims paralyzed. Typically, these types of injuries are caused in conjunction with injuries to the vertebrae, discs, or the spinal cord itself. In fact, broken bone fragments and disc material can damage the spinal cord, which carries signals between the brain and the rest of the body.
These injuries often lead to a severely decreased quality of life. This—in addition to your medical expenses—should be factored into your final settlement. With the help of a San Antonio car accident lawyer from our firm, it will be.
Neck Injuries and Whiplash
Neck injuries are some of the most common injuries that happen in car accidents. In many cases, whiplash, injury to the soft tissues of the neck, is unavoidable and results from the head’s forward momentum during a crash.
Other neck injuries include cervical dislocation, disc injury, and neck strain.
Seat belts, airbags, and other parts of the interior of a vehicle can all cause internal injuries during a wreck. The most at-risk organs include the bowels, kidneys, liver, lungs, and spleen.
Internal bleeding and injuries to your internal organs are all but certain to carry a heavy financial burden and long-term medical implications. Your San Antonio car accident lawyer will ensure that your medical needs, both current and future, are fully factored into your financial award.
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