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Car Accident Attorney: Injured in a Car Accident:
Have you been injured in an auto accident?
If you have been in an auto accident, the car accident lawyers in our firm can help you. You may be eligible to file a personal injury lawsuit, which, if successful, could ensure that you are compensated for your medical bills (both past and future), lost income from time spent in recovery for your injuries, your property damage, and any mental or emotional stress caused by the accident. But you should not attempt this lawsuit without experienced help. Many auto accident cases are much more difficult than they initially appear. More on this website
For instance, auto accident lawsuits often involve multiple potential defendants. If the defendant was intoxicated due to alcohol, you may be able to sue the provider of the alcohol under a dram shop cause of action. Suppose your accident was caused by a maintenance error or manufacturing defect (in either your car or another driver’s). In that case, you may be able to sue the party responsible for the defect. In short, there are many factors to consider in an auto accident case. Without the help of an experienced attorney, you may have difficulty securing a fair settlement. But our Texas attorneys have been helping auto accident victims for twenty years, and we know how to overcome these cases’ unique legal challenges. If you or someone you love has been in a car accident in Texas, contact the auto accident law attorneys in our firm and make sure you get the compensation you deserve.
Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.
Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.
Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.
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How Can an Auto Accident Attorney Assist? What are the benefits of Employing Them?
Automobile accidents can happen anytime and anywhere and it helps to know an auto accident attorney. When car accidents occur, the event could lead to a few, fatal injuries or even death. Sometimes, a car or truck accident can happen, even when you are driving safely. More on this website
You could end up in an accident brought on by the recklessness or carelessness of another driver. Put simply; automobile accidents can result from unpredictable and unavoidable situations.
According to the National Highway Traffic Administration, car accidents happen every 60 seconds. That equates to about 5.25 million accidents across the nation on a yearly basis.
While Americans drove less in 2020 due to the pandemic, NHTSA’s early estimates show that an estimated 38,680 people died in motor vehicle traffic crashes—the largest projected number of fatalities since 2007. This represents an increase of about 7.2 percent as compared to the 36,096 fatalities reported in 2019
It is not the automobile accident but the various elements linked to it that necessitate the need to have an auto accident attorney.
When you or a loved one is involved in an auto accident, an attorney specializing in car accidents will be ready to help you get compensation for your loss. Below are some situations that our Law Firm can help you with:
• Drunk Driving Accidents
• Bodily Injury Claims
• No-Fault Accidents
• Pedestrian Accidents
• Mechanical Defects and Malfunction
• Underinsured Motorist
• Uninsured Motorist
• Wrongful Death
• Other Insurance Claims
• Highway Defects
The benefits of hiring an car accident attorney
It is crucial to understand that any car accident victim, no matter if they are the driver or passenger, is entitled to compensation.
An auto accident attorney may help you get compensation for just about any potential health care bills due to your accident. As outlined by the law, they can also pursue probably punitive damages that have been designed to punish careless drivers.
There are numerous other pros of employing an auto accident attorney. Several of the positive aspects that you will derive involve:
• Death advantages or compensation
• Quick healthcare interest together with long-term health and fitness care
• Compensation for psychological or emotional discomfort and suffering
• Compensation for residence damage
• Compensation for vehicle damage
• No-fault gains for lost wages or earnings
• Compensation for brief or long-term wage reduction
• Claim for wrongful death brought on by negligence
• Quick or long-lasting attendant care benefits
Hiring an auto accident attorney to file a compensation claim is like obtaining a sho
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Personal Injury Law – Trucking Accidents
Trucking accidents between passenger vehicles and tractor-trailers, semis, or other large or over-sized commercial vehicles, due to their size and weight, cause some of the most catastrophic serious personal injuries, including traumatic brain injuries, paraplegia and quadriplegia, limb loss and blindness, and all too often, wrongful death are among these all too often catastrophic truck accident results. At our trucking accident law firm, we know from past client experiences that truck accidents, given the many contributing factors, are among the most complicated personal injury accidents to investigate and prosecute on behalf of the injured party. This is because it is not just you against the truck driver it is also you against the trucking company, the truck leasing company, the manufacturer of the truck, and even the shipper or truck cargo loader. Suppose you or somebody you care about has suffered a serious physical injury or wrongful death in a truck accident. In that case, you need a trucking accident legal advocate that has trucking accident experience and resources while not being afraid to take on all potentially liable parties. There are numerous insurance companies and lawyers. For over 20 years, our truck accident lawyers have helped injured trucking accident victims and their families throughout Texas. As truck accident lawyers, we know what to look for in a truck accident. Moreover, we have a track record of success in getting our clients the compensation they need and deserve. More on this website
Which party is liable for the truck accident?
The trucking industry is heavily regulated and subject to state, federal, and local laws. Truck drivers and operators, trucking companies, and others involved in the commercial trucking industry are also subject to certain standards. Suppose any of the laws, standards, rules, and regulations are ignored or improperly implemented. In that case, one or more of these trucking entities may be liable for your accident involving a truck:
The driver – did the truck driver operate the truck recklessly? Was he (or she) drugged or intoxicated, or was there a violation of the federal hours of service rules?
The trucking company – did the trucking company fail to follow regulations or have unreasonable deadlines? Were their trucks improperly maintained?
The freight company – did they improperly secure the cargo load or overload the truck?
The truck manufacturer or components manufacturer – is there an inherent flaw in the manufacture or design of the truck or any of its parts? Are the brakes, tires, lighting, computer, or other systems faulty?
Like all personal injury cases, determining liability in truck accident cases is a factor in getting you the best possible compensation for your serious physical and financial injuries or those injuries relating to the wrongful death of a loved one. Whether you were walking as a pedestrian, in a motorcycle accident with a truck, or driving a minivan, we will drive a hard bargain with the insurance companies either at the negotiating table or in the courtroom. To that end, we often employ highly qualified networks of medical specialists, life-planning experts, and accident reconstruction experts to help us support and win your truck accident case.
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Texas Texting and Driving Accidents Attorney
Texting and driving is an extremely dangerous practice and is responsible for many serious and fatal car accidents in the U.S. every year. According to the University of Utah, a distraction from texting and driving affects a driver’s reaction time to the same extent as that of having a .08% blood alcohol level. The National Highway Traffic Safety Administration reports that those who text while driving are four times more likely to get into an automobile accident that involves injury than those who don’t. The Virginia Tech Transportation Institute found that drivers of semi-trucks are 23 times more likely to be involved in an accident when texting and that their eyes are off the road for an average of five seconds every time they do so.car accident attorneys – distracted driving
If you have been injured in a car accident that was caused by another motorist texting while driving, you may be entitled to substantial compensation; that motorist is has displayed gross negligence while operating their motor vehicle. Contact an experienced Texas Injury Attorney who will fight to obtain the compensation you are entitled to.
Seasoned Personal Injury Attorney in Texas to Prosecute your Accident Caused by Driving While Texting
Our Law Office has provided state-of-the-art legal services to many satisfied clients throughout Texas in their personal injury cases. Our Texas Injury Attorneys are well versed in all areas of accident and personal injury law and have handled many cases involving severe car accidents. Our experienced Texas Injury Attorneys can provide you with help in your texting and driving accident case by working to establish fault on the part of the motorist responsible and fighting for the injury compensation you deserve. Contact our office today for a free legal consultation, and we will work tirelessly with the goal of a case resolution that is beneficial to you. Our Law Office offers an exclusive No Win-No Pay-No Catch. Guarantee™ that you can rely on.
If you have been harmed in a texting and driving accident that was caused by another motorist, contact a Texas Personal Injury Attorney for help today.
By teMDstCLIENT|April 6th, 2022|Uncategorized|0 Comments
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This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio
Truck Accidents – 18 Wheeler Wreck Lawyer
The truck accident attorneys at our Law Firm are experienced in the area of commercial 18-wheeler accident law and have a successful track record of recovering the maximum monetary compensation for their seriously injured clients. We exclusively represent the victims of serious personal injuries and the family members of wrongful death victims. If you or a loved one has suffered serious physical injuries in a truck accident, please contact our office today for a free consultation.truck accident attorneys Houston
Every year tens of thousands of truck accidents take place in the U.S. It is estimated that approximately 70% of all truck accidents take place in rural locations. In one year, big trucks were involved in 4,669 fatal traffic accidents in the United States, with 608 of those fatal accidents being rollovers. A few common factors that contribute to truck collisions include unsafe vehicle operation, oversized loads, and fatigued drivers. These hazards place innocent drivers and passengers on the road at risk for serious harm. Truckers who drive big rigs in the United States must follow strict driving laws in an effort to protect themselves and others from being involved in truck crashes.
If you have been injured in an accident with a big rig, you should contact an accomplished big rig injury lawyer at our Law Firm. We may be able to help you collect a monetary settlement for your physical injuries and any damage that may have occurred to your vehicle. Our personal injury law firm is committed to protecting the legal rights of our personal injury clients and to recovering the maximum monetary compensation for their injuries and injury-related expenses. We have recovered tens of millions of dollars for our personal injury clients. If you have been seriously injured or lost a loved one as the result of a truck accident, you need the advice of an experienced personal injury lawyer. Call our Law Firm today for your free consultation. Our firm has been awarded the highest ranking a law firm can be awarded, signifying that the lawyers have reached the best heights of professional excellence and are recognized for the highest levels of skill and integrity.
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Trucking and Tractor-Trailer Accidents
Our law partners have represented hundreds of individuals who have been seriously injured or lost loved ones in a tractor-trailer-related accident around the country. With over 65 attorneys and 250 support professionals on staff, our Law Firm is eminently qualified to provide you with prompt, aggressive, and experienced legal representation. If you have been injured or lost a loved one in a trucking-related accident please contact us for a Free Case Evaluation.truck accident attorneys Houston
A truck wreck is not just a bigger car wreck. The investigation and legal issues are far more demanding and complex. It is impossible to over-emphasize the importance of quickly hiring a qualified attorney who can get an experienced truck wreck investigator on the scene right away and demand the preservation of trucking company records. Quick action is essential in launching a thorough investigation of a serious truck wreck. Truck companies and their insurers often immediately send out teams to document their side of a case, attempt to influence the police investigation, and “lose” unfavorable
physical evidence. Companies providing satellite communication systems for trucking companies purge their computer records within a few weeks. Trucking companies are only required to maintain driver logs and related operational records for six months and may destroy records after that time. Therefore, if the victim does not have a knowledgeable person working to promptly preserve evidence, vitally important information may be lost forever. More on this website
Contact Us to Get a Free Trucking/Tractor-Trailer Accident Case Evaluation.
Breaking News – Attention!
Compliance with Safety Requirements for Operators of Small Passenger-Carrying Commercial Motor Vehicles Used in Interstate Commerce is required. Motor
carriers operating vehicles designed or used to transport 9 to 15 passengers (including the driver) in interstate commerce, must comply with applicable safety regulations when they are directly compensated and the vehicle is operated beyond a 75 air-mile radius from the driver’s normal work-reporting
location. If you delay, the trucking company and its insurer may both vanish. Quick action is also important because some trucking companies play shell games with both undercapitalized corporations with “self-insured” retentions approved by lax regulatory agencies, and paper-thin insurance coverages documented by managing general agents but backed up by financially unstable insurance companies that pass off their obligations to reinsurance companies in Bermuda or the Caribbean. Remember that truck wrecks do not involve amateurs out for a drive in the country, but professional drivers operating huge vehicles for profit under conditions that provide incentives for speed rather than for safety. Therefore, a truck wreck case may be viewed as a professional malpractice case – with clear standards of care for safety spelled out by Federal Motor Carrier Safety Regulations. Trucking is heavily regulated for safety. Almost any truck wreck involving serious injury or death involves a violation of multiple Federal Motor Carrier Safety Regulations. Any attorney handling a truck wreck case must be familiar with the Federal Motor Carrier Safety Regulations that are designed to establish minimum standards for the protection of the safety of the traveling public. Among these are:
49 CFR 390.5 Broadly defines “employee” of a trucking company to include independent contractors and drivers of leased trucks. A driver may simultaneously qualify as an “employee” of multiple companies, multiplying the amount of liability insurance available in a case of catastrophic injury.18 wheeler – big rig accident lawyers
If you have been injured or lost a loved one in a trucking-related accident, contact us for a Free Case Evaluation.
49 CFR 390.3(3) Trucking companies are required to be familiar with trucking regulations and teach them to drivers and loading lock personnel.
49 CFR 391.11 Truck drivers must be over 21, pass a test on ability to safely operate the truck, read and speak English, and pass a physical exam related to the ability to safely operate a large truck.
49 CFR 397.27 Trucking companies must check the driver’s driving history and document that references have been checked.
49 CFR 391.15 A truck driver is automatically disqualified if caught driving with a blood alcohol score of 0.04 gr/%, and cannot consume any alcohol within four hours before driving.
49 CFR 391.31 Trucking company must investigate driver’s employment background for ten years back. Failure to investigate a truck driver’s background may support a punitive damages award against the trucking company.
49 CFR 391.25-.27 Trucking companies must monitor the truck driver’s records. This should include comparing driver logs to GPS records, trip receipts, etc.
49 CFR 390.13 Trucking companies should not aid, abet, or encourage drivers’ violations of regulations. Paying truck drivers by the mile, and not paying for inspections, required rest time, time out of service due to safety concerns, etc., may encourage violations of regulations.
49 CFR 392.6 Trucking companies must schedule loads with time for safe delivery.
49 CFR 395.3 Trucking companies must not permit or require drivers to exceed time in service rules. They should monitor driver logs. If a driver “cooks the books” to falsify service time, rest time, inspections, etc., that is imputed to the employer.
49 CFR 392.2 Interstate truck drivers must obey traffic laws of the states where they operate.
49 CFR 392.3 Driver and company prohibited from operation when driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate a commercial vehicle.
49 CFR 392.5 Drivers’ use of alcohol prohibited.
49 CFR 392.6 Truck schedules must comply with speed limits.
49 CFR 392.7 In a pre-trip inspection the following must be in good working order: service brakes, including trailer brake connections; parking (hand) brake; steering mechanism; lighting devices and reflectors; tires; horn; windshield wiper or wipers; rear_vision mirror or mirrors; coupling devices.
49 CFR 392.8 Duty to inspect emergency equipment.
49 CFR 392.9 Driver must inspect truck’s load at beginning of the trip, again in first 25 miles, and every 3 hours or 150 miles thereafter, except for a sealed trailer.
49 CFR 392.22 Warning devices must be put out within ten minutes when a truck is disabled.
49 CFR 392.14 Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued.
The lawyer for the injured person, or for the survivors of one who is killed, must be prepared to diligently and aggressively pursue detailed discovery from the trucking company and related sources of information. You cannot rely on most trucking companies to respond fully and honestly to discovery, any more than you can rely on them to follow safety regulations. Plan to try the case to verdict. Do not expect a trucking company and its insurer to agree to a fair, friendly settlement for an adequate amount of money. You must go into any truck wreck lawsuit with the assumption that the case will be tried to verdict before a jury, and prepare accordingly. If such preparation results in a favorable settlement, that’s great. If not, you will be ready to try the case and hit the trucking company as hard as the truck hit the victim.
If you have been injured or lost a loved one in a trucking-related accident please contact us for a Free Case Evaluation
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This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
Motorcycle Riders and Insurance Obligation
All drivers on the road, including motorcyclists, are responsible for carrying insurance to protect themselves and other drivers on the road in the event of an accident. This insurance will help cover costs for damage and injuries caused by the accident. Unfortunately, not all drivers obey this law, operating vehicles without proper insurance.
motorcycle accident attorneys
An accident with a motorcycle. traffic accidents with skid marks on road. photo icon.
Texas state law requires that all motorists carry auto insurance, with a minimum coverage of $30,000 for injury liability for one person in an accident, $60,000 for all injuries in an accident, and $25,000 for property damage in an accident. A driver that carries less than this minimum requirement is considered an underinsured motorist. Please find more information on this website here @ https://www.accident-lawyers-dallas.com/motorcycle-accident-attorneys-dallas/
While it is not required by the state of Texas, it is highly recommended that you carry insurance that includes coverage against uninsured or underinsured motorists. This will cover the costs that result from being involved in an accident with these individuals. More here
Regardless of your insurance coverage, contact an experienced Texas motorcycle lawyer to seek legal advice about your rights. Protect yourself from the financial hardships that arise when you have been in an accident with an uninsured/underinsured motorist.
If you have been seriously injured in a motorcycle accident with an uninsured or underinsured motorist, you need to hire an experienced motorcycle injury attorney to protect your rights.
At our firm, we have experienced and accomplished personal injury lawyers handling motorcycle injury cases for clients in Texas. Call today for your free consultation with one of our trusted attorneys.
Our firm has been awarded the highest ranking a law firm can be awarded, signifying that the lawyers have reached the best heights of professional excellence and are recognized for the highest levels of skill and integrity.
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What Is Premises Liability? – Personal Injury Law
What Is Premises Liability?
Premises Liability Lawyers can help you determine whether you have a case against a property owner for injuries sustained as a result of their negligence. So what exactly is premise liability? Owners of private and public properties can be held legally responsible for accidents and injuries that take place on their land or at their premises. What kinds of incidents are covered by premise liability? Liability claims can include slip and falls on a public sidewalk or privately-owned store, amusement park accidents, swimming pool accidents, explosions, broken glass or other dangerous conditions, defective fixtures and inadequate security at an event.accident lawyers
Under state law, the property owners have a responsibility to maintain their premises so that visitors are not injured. Governments are supposed to maintain public structures, homeowners must keep fences around dangerous conditions such as swimming pools and amusement parks must inspect and maintain rides.
When they fail to keep their properties free of hazards they may be liable to the injured party for premise liability damages. Whether you can file a personal injury claim depends if it can be shown that the property owner was negligent in allowing the hazardous condition to persist.
For nearly 30 years, our firm has been helping injured clients through the process of establishing the liable party for their premise liability claim. We have documented success in helping our clients recover just compensation for their injuries. Call us today for a free consultation to determine if you have a premises liability case against a property owner.
Premises Liability Cases
Premises liability cases can be difficult to prove, but a qualified personal injury law firm can help you determine if you have a case against a negligent property owner.
Property owners are held liable for those injured on their property if the plaintiff can prove that there was negligence involved.
Premises liability in Texas. … For someone to prevail on a premises liability claim based on a defect, the plaintiff has to illustrate that the defendant (the landowner) owed him a duty of care, he breached that duty, and that damages resulted.slip and fall injuries
Premises Liability Experience and Results
Were you injured as a result of a hazardous condition on someone’s property? In order to file a claim against a negligent property owner you will need to expertise of an experienced premise liability lawyer. Our attorneys will do a thorough investigation to clarify the facts surrounding the cause of the injury. In the case of a serious premise injuries, reconstruction experts and investigators could be needed to help determine the exact cause of the accident and the liable parties. In choosing a law firm it’s important to hire one who has the reputation, experience and financial resources to vigorously plead your case. You may be eligible to recover damages for lost wages, future lost wages, medical expenses, and pain and suffering. An experienced premise liability attorney will be able to recover the highest compensation allowed by law.
Our firm has worked with many premise liability clients with a track record of major settlements and jury verdicts. If you or a loved one has been injured on someone’s property you deserve legal representation that will fight hard to protect your rights and recover the maximum compensation for your injuries. Call today for a free case evaluation by an experienced premises liability lawyer. We never charge an upfront fee. If we take your case, we will advance all costs and fees. We get paid only if you get paid.
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Injury Lawyers – Accident Attorneys
Charles Michel June 23, 2019 Leave a comment
Burn Injury Lawyer
Burn injuries create more than just physical pain – they can also create financial burdens, psychological trauma, and emotional suffering. If you or a loved one has been suffering from a burn injury due to someone else’s negligence, don’t hesitate to seek full compensation with the help of a skilled personal injury lawyer.injury law
Types of Burn Injuries
A report from the American Burn Association states that 450,000 burn injuries are being treated in the United States, and the fire-related deaths pile up to 3,400 each year.
The injuries vary in degree of damage:
First degree burns are those that affect only the outer layer of the skin, also known as the epidermis. They usually appear dry and can heal in 3 to 5 days. Hospitalization may not be necessary for these burns, except when the victim needs pain control or medical care for related health issues.
Second degree burns fully damage the epidermis and pervade through to the second layer, the dermis. It can appear dry or wet, and may need skin grafting to aid in the healing.
Third degree burns destroy all skin layers, and because of this, the victim can feel no pain. However, this type of burn takes months to heal and will most likely need grafting.
Fourth degree burns are the most serious. The skin is fully destroyed and the damage extends to the muscles, blood vessels, ligaments, and even bones. This type of burn definitely needs urgent professional care.
Causes of Burn Injuries
The most obvious cause of burns is extreme heat – when the skin comes in contact with fire or hot objects. However, electrical sources, chemicals, radiation, and even friction cause many other burns. These causes should not be overlooked. Electrical injuries, for example, contribute around 1,000 deaths in the US, according to a study.
Out of the burn admissions recorded by the American Burn Association, 69% of the incidents happened at home, 9% at work, 7% on the streets, and even some 5% during recreational activities.
Many burn injuries are a result of negligence. Whether it’s a minor fault in a building’s wiring or a major fire due to an accident, you need to know that you can be compensated for your injuries and losses. This can help greatly in the physical, financial, and emotional process of recovery.
Consulting a Burn Injury Lawyer to Count On
You need to entrust the legal dealings of your case to a good lawyer so you can focus on your recovery. Our firm iis composed of skilled and highly experienced personal injury lawyers who can help win your case and get you maximum compensation. They also make sure to treat their clients with utmost care and compassion, helping you heal not only financially and physically, but emotionally as well. For a free consultation, call our office.
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Motorcycle Accident Lawyers – About Motorcycle Accidents
About Motorcycle Accidents
Motorcycle accidents can cause much more damage to the rider than to the driver of the other car or truck that may have been involved. Almost all motorcycle accidents cause serious or catastrophic injuries. Some result in the wrongful death of the rider.motorcycle accident attorneys – bike crash lawyers
If you or a loved one has been injured, disabled or killed in a motorcycle accident that was the result of another’s negligence, you should speak to a personal injury attorney at our office immediately. We can assist you with getting you the medical care needed, even if you have not received an insurance settlement offer yet. We can help you negotiate with the insurance companies to fight for the full compensation you require for your injuries, losses and pain and suffering. More from our San Antonio Motorcycle Accident Attorneys here:
We understand the trauma and upset that a motorcycle accident can cause. To protect your rights and to help you get all the financial coverage you are entitled to, having a skilled and experienced motorcycle accident attorney to represent your best interests can put your mind at rest. We understand that insurance companies will often attempt to pay a quick and cheap settlement as soon as possible. Before accepting any settlement offer you should let us review the circumstances of your accident. This can prevent you from giving away your right to get the complete and comprehensive settlement that you may deserve.
Motorcycle Accident Attorney
Insurance companies often hold to the belief that in any motorcycle accident the rider was at least partially to blame. This makes them offer a reduced settlement compared to what the rider actually may need for his injuries. We are dedicated to protecting the rights of motorcycle accident victims and are prepared to fight aggressively with their best interests in mind. Especially in case where the accident involved another driver and whose negligence was responsible for your injuries, we can help you make the necessary claims against them to get additional compensation for such things as lost wages and your pain and suffering. Protect your rights and get the full settlement amount you need for your medical bills and other damages. Call our offices today for a free consultation.
Contact a Motorcycle Accident Lawyer if you or a loved one has been injured or killed in a motorcycle accident. We can help you get the compensation you need for your injuries or loss.
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Do You Need an Experienced Auto Injury Lawyer?
Charles Michel November 10, 2020 Leave a comment
Do You Need an Experienced Auto Injury Lawyer? Here are Some Hints to Look Out for After Your Wreck
Most often, it takes a Texas personal injury lawyer to assure that accident victims recover the full worth of their medical bills, pain, suffering, and damages to their vehicle and its contents if liability for the accident is contested. And as we said at the beginning of this article, depending on the circumstances surrounding the accident and its coverage level, it’s possible for a reasonably intelligent accident victim to handle his or her claim on their own, without the assistance of a lawyer. So below, we’ll discuss the instances where achieving a full recovery for your total damages is best-served with the assistance of an experienced, local auto injury attorney.car accident lawyers
You Can’t Afford to See a Doctor or Pay your Medical Bills – Even if an accident victim might have some sort of healthcare coverage, the odds become less and less every day that their treatment needs will be sufficient to cover them. And even if they have such coverage, many are reluctant to get treatment for their injuries because they don’t think they can afford to take the time off of work that they’ll need to see a doctor, or maybe they have higher-than-normal deductibles which preclude even using their health insurance to treat their accident-related injuries.
But seeing a doctor and getting treatment for your injuries after an accident is not only essential to your health, it’s absolutely necessary to your injury claim or lawsuit. If you can’t afford treatment, or if you already have medical bills that you can’t pay, there’s probably something that we can do to help. We regularly work with doctors and healthcare professionals and can refer you to the right one who will take your situation into account. We have helped many of our clients receive vital medical care after an auto accident at no initial out-of-pocket cost to them. And we can explain how the time you take off from work for treatment may be included in the damage compensation owed you by the defendant in your case.
You’ve Suffered Bodily Harm in the Wreck – If you suffered any sort of physical injuries in your accident, it’s best for you to have an experienced lawyer handle your claim. A good rule of thumb is whether or not you need to see your doctor after being treated for your injuries in an emergency room, or your physician sends you to some other healthcare specialist to continue your medical treatment. When you seek damages for bodily injuries, insurance companies don’t have to abide by any pre-existing guidelines when deciding how much to pay you. And since by their very nature, insurance companies are more about premiums than claims, they can arbitrarily decide to pay you nothing by default and tell you to sue them. A sad fact of civil law is that no one automatically owes you anything. You have to make them pay. This is the first benefit of having a lawyer who is looking out for your interests regarding your claim. If you’ve suffered broken bones, head injuries, back injuries, or any other sort of injury in your wreck, do the smart thing and call a good attorney quickly.
The Other Driver is Hard to Deal With – It’s also a good idea to call an auto accident attorney if the driver who hit you gives you a hard time either at the scene of the wreck or later, or if that other driver doesn’t want to give you his contact or insurance information. This is never good. Belligerent accident “victims” usually have something to hide, either from the law or their insurance company. When this happens, it’s an early clue that he’ll make it as difficult as possible for you to recover what you deserve. If you encounter such a driver you need to seriously consider hiring a lawyer, or at least have a serious conversation with one.
The Insurance Company Pressures You to Settle Your Claim or Harasses You – Insurance companies can be extremely difficult to negotiate with. They take up a lot of your time if you don’t have an experienced attorney on your side. Insurance companies are out to protect their own interests at your expense; which involves collecting premiums and paying out as little as absolutely necessary. So they’ll use adjusters to try to find ways to deny your claims. These adjusters may call you repeatedly, asking innocent-sounding questions about your accident. Their inquiries may seem proper. But these contacts are usually calculated to induce you to say something that could be used against you to deny your claims. Whatever you say to them will probably be recorded and could come back to haunt you as evidence against your claim in the future.
Our accident injury clients have learned the best way to deal with insurance adjusters is simply to not deal with them at all. Adjusters don’t call our clients’. We make them call us instead. When adjusters can’t talk to you, they can’t twist your words around and use what you innocently say against you.
car accident lawyers
Personal Injury
Many other times an insurance company usually pressures you to settle your lawsuit for less than your claim is worth: sometimes much less! We believe accepting a fair settlement can be beneficial for you. But accepting an unfair settlement can be devastating for your legal rights. When you accept a settlement offer, your right to sue the defendant for more compensation money in the future ends then-and-there. So it’s important not to accept an offer unless it’s fair and meets all your financial needs. And the only way to determine a fair settlement from an insurance company that wants to victimize you is with the assistance of a Texas car wreck lawyer with our Law Firm.
Insurance companies’ strategy is to entice accident victims with small amounts of fast cash that might get them back to even. But what if that’s not the end of your expenses? You know it’s not the end of your financial obligations, or even your recovery. Settlements you accept from an insurance company before you have a lawyer on your side never benefit you in the long run. But they’re almost always binding. Don’t let the defendant’s insurance company get away with paying you less than your case deserves.
If you’re lucky, and none of those circumstances applies, then you can probably handle your case on your own and reasonably resolve it without the assistance of a lawyer. Sometimes, plaintiffs can successfully protect their own rights when they’ve been involved in a wreck which resulted in property damage only. If your car was damaged, but you’re not injured, insurance companies are bound by strict guidelines surrounding what they have to pay you in compensation for the damage to your car. Since these guidelines give them little wiggle room, insurance companies have very little opportunity to rip you off when they reimburse you for your repair bills.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call the auto accident attorneys with our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver.
This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso
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Truck Accident Lawyers
Charles Michel November 18, 2020 Leave a comment
Truck Accident Lawyers
The list of potentially liable parties does not stop with the trucking company, however. Every trucking company that uses flatbed trailers has a whole set of companies and contractors who take care of other, ancillary aspects of the job, including manufacturers who make the cargo straps, the flatbed parts or even the engine parts and the anti-lock brakes, the route-planning companies that create detailed routes for the driver, and the company that handles the loading and securing of the cargo on the flatbed. All of these companies and all the employees involved might bear some of the liability for the accident. For example, the route planning company might not update their digital files (often the equivalent GPS databases) and the truck might pass under an overpass without enough clearance room, knocking the cargo off the bed of the truck and injuring or killing other motorists and pedestrians. In that case, the route-planning company would bear serious liability for the accident. You can easily imagine other scenarios where a third party bears liability: a cargo strap breaks, the anti-lock breaks fail, the trailer hitch is not properly secured, or the cargo is improperly loaded and comes loose. These situations will be indications that another party has been negligent and bears the liability for the case. In such situations as this, your flatbed accident attorney should be on hand to help you determine who bears the liability and who can be named in the lawsuit. Remember, no one is legally required to automatically pay you compensation for injuries and hospital bills and lost wages. You have to take the initiative and retain the services of an experienced and competent San Antonio flatbed trailer accident attorney who will help you get the just and fair compensation you deserve.truck accident attorneys
Some Obstacles for Accident Victims
Bringing a lawsuit against a flatbed trailer driver, trucking company, third party or insurance company without the assistance of an experienced flatbed truck wreck lawyer can be impossible. The legal system is already complicated but in a case like this, there are numerous obstacles that will absolutely prevent you from receiving the compensation you deserve. An experienced and competent attorney will be able to help you overcome these obstacles which might undermine and destroy your case. Some of the obstacles you should be aware of when you begin the process of filing a claim after you suffer injuries in a flatbed trailer accident might include: the cargo source (and the third-party liability that comes with it), dishonest drivers, large and protected insurance companies, self-insurance, and the burden of proof.
One reason that our firm provides this article is so that you will have an idea of what you should expect from a case resulting from a flatbed trailer accident. If you have been injured in San Antonio flatbed trailer accident, then read on to see what some of the obstacles to getting fair compensation are.
The Cargo Source (and the Third-Party Liability that Comes with It)
It might be the case that you don’t even see a flatbed trailer and that the accident occurs when you collide with or swerve to avoid some piece of cargo lying on the road long after the flatbed trailer carrying the cargo has gone on. In a situation such as this, determining liability can be very difficult for a layman without legal knowledge and experience. To bring a suit to court, you must first determine the identity of the liable parties and therefore must seek out the truck that dropped the cargo in the first place. Cases like this are fairly common. During the loading process, even a small bit of negligence can make a difference when the cargo is many tons. This can happen and some part of the cargo might fall off the truck without the driver even being aware of it. In such situations, a San Antonio flatbed trailer attorney has access to the investigative teams that can help you determine whose cargo it was that caused the accident in which you were injured.
Dishonest Drivers
Another obstacle, and one that is fairly common as well, is a dishonest driver who will lie to cover up their liability. Remember that the truck driver’s reputation and experience and competent behavior are key to being successful and continuing to find work. There are a lot of drivers out of their availability to work and a black mark on the record of a driver will often be a determining factor in whether or not they get hired for any jobs. Because of this, the drivers will often try and cover up their mistakes and negligence by lying to protect their interests. It is an all-too-understandable reaction and unfortunate in that their lie might prevent you from receiving compensation for an injury caused by their negligence. In cases where the driver is negligent and causes injury to another motorist or to a pedestrian, it is a zero-sum game. Someone wins and someone loses. If you have been injured and the driver is lying to cover up their liability, you have a great deal to lose. This is why it is so important to determine liability and to retain an experienced attorney who will be able to see through the lies of the driver.
An experienced San Antonio flatbed trailer accident attorney will have many methods of getting to the bottom of the case and detecting the truth through the lies of the driver. The first thing will be to gather as much evidence as possible to show that the driver is being dishonest. An example of this is when in one of our many successful cases we used surveillance footage to prove that a truck driver was being dishonest when he claimed that the victim of the accident was driving without headlights at night. Our footage showed that this was not the case. Another way that an experienced lawyer will be able to get to the truth is through a deposition. A deposition allows the lawyer to question the witnesses for the defense before the trial even begins. An experienced and competent lawyer will be able to ask questions that will get witnesses to admit the truth or get caught in a lie. Here at our firm we have taken thousands of depositions and know what it takes to ensure that your rights are protected before and during the trial. Our goal is to ensure that your side of the story is effectively conveyed before the judge and jury and that the truth be revealed about the negligent parties.car accident lawyers
Large and Protected Insurance Companies
Perhaps the number one obstacle during a flatbed trailer accident claim is the insurance company. Although television commercials give the impression that insurance companies are fair and selfless, it must be remembered that they are for-profit businesses whose entire business model is to gamble against the chance that their policyholders need to make a payout. In the world of insurance, the big guns are the industrial insurance companies whose policies cover millions of dollars of damages should they occur. As you can well imagine, an insurance company that covers potential damages resulting from an accident involving thousands of pounds of heavy machinery hurtling along at many miles per hour is involved in a serious business. While simple automobile insurance companies might make a fifty thousand or a hundred thousand dollar payout, industrial flatbed trailer insurance companies stand to lose millions. Because of this, the company will go to enormous lengths to prevent that loss by means of denying your claims, pressing you to accept an insultingly low settlement and more methods that are unethical at best.
With the value of the flatbed trailer accident policies being so high, the insurance companies will have a team of dedicated professionals whose main job is to fight your claim in and out of court. They will have experienced lawyers who have specialized in the field and will know the ins and outs of the technical world of flatbed trailer insurance, they will have a team of adjusters whose goal will be to see the minimum possible payout, and they will have a team of investigators who will try and build a case in defense of what has happened. These investigators are motivated to act in way that the average person would deem unethical and have been known to take actions, which cause even further hardship to the victims of the accidents. You can guarantee that the insurance companies will have their teams in the field within 24 hours of an accident, sifting through evidence, pressuring you to settle, and building a case against you. It’s what they are paid to do and because of the stakes, they are paid well. They have all been hired because they are the best at their job, their job is to deny and prevent damage claims made by other accident victims such as yourself.
Even dealing with the insurance company agents will take its toll on you, adding to the burdens you will already bear through your injuries or those of a loved one. They will have company employees making frequent and aggressive calls to your home, and will attempt during those conversations to get you to let slip that you are not that badly injured and that it might have been your fault. Rest assured that your conversations will be recorded and that they will be intentionally trying to get you to let something slip that might sink your claim. We have known insurance company employees to call many times a day, make personal visits, goad victims and their families into signing harmless-looking papers that turn out to destroy a claim, and even visit the hospital where the victim is receiving care. We have had cases where the insurance company adjusters have visited the funeral of an accident victim in an attempt to get the family members to sign away their right to sue the company. Our attorneys have dealt with nearly every major insurance company in the nation and have twenty years of experience with all of their tactics. The companies recognize our name and understand that when we have been retained that they can’t use unethical tactics like the ones described above. Often our reputation alone can help a company see their way to making a fair settlement.
Self-Insurance
Another major obstacle comes when a trucking company chooses to self-insure rather than purchasing a policy from a major insurance company. Though it might sound like this would mean they have less experience and are more likely to lose the case, dealing with self-insured trucking companies is a lot worse than dealing with a major insurance company. The law requires all trucking companies to ensure their trucks, and a portion of them choose to set aside assets for a potential suit rather than paying a yearly premium to a big company. This is completely legal and often will be the smart choice for businesses that don’t suffer any accidents, but with the business of flatbed trailer cargo trucking, the chance of an accident can, unfortunately, be very high. In the event of an accident, you will be forced to deal with the trucking company lawyers rather than the insurance company team.
The person you will be dealing with at the trucking company when you make your claim will probably be an officer of the company rather than the insurance adjuster you would otherwise have dealt with. This employee will have a serious interest in denying your claim because oftentimes their salary or their bonuses or even their job can depend on how successfully they block your claim. In addition, the tactics of a major insurance company, regardless of how unethical they may look, are still within the law since the company and all its employees are licensed professionals who must face the consequences of their actions should they be discovered. If a traditional insurance adjuster were to use the tactics of the self-insured trucking company officer, they would lose their license permanently. Where the traditional insurance company agents can be aggressive and rude, the self-licensed trucking company agent can be harassing and even threatening. It is, unfortunately, a common occurrence to have trucking company officials threaten the victims or the witnesses and even to tamper with evidence. Here at our firm, after twenty years of dealing with self-insured trucking companies, we know what is involved and we know how to prevent such behavior. Our number one goal is to protect our clients and their interests from behavior such as this and see that they get their fair and just compensation for the injury and damages they have received as a result of a flatbed trailer accident.Car Accident Attorneys
The Burden of Proof
Despite all of the previous obstacles, there is in addition a serious legal obstacle for every claimant to overcome in a personal injury or wrongful death claim. That is the Burden of Proof. An underrepresented or non-represented plaintiff is required by law to prove that the defendant is guilty. This may seem unfair, but it is a basic tenant of law in the United States and without it many individuals could be unfairly forced to compensate for someone else’s negligence. The law presupposes that the defendant in any given injury claim is not required to compensate the plaintiff unless the plaintiff shows the evidence that he or she is required to collect by the burden of proof, proving that the defendant is indeed guilty. If the plaintiff does not collect enough evidence or if the evidence they have is not convincing to the jury, then they will receive no compensation. The burden of proof in any case involving injury or wrongful death has four parts that must be proved in order to recover any money for damages and injury.
Duty:
At the beginning of the article, we discussed how everyone on the road owes a duty of care to everyone else. We likened it to a version of the Golden Rule. One way of looking at it is determining how a reasonable, rational person would behave in any given situation. Since everyone owes a duty to those around him or her not to do them harm, behaving unreasonably or irrationally in a given situation is considered negligence and determines liability in the case of a flatbed trailer accident. In this situation, the driver might owe the duty, or the trucking company, or the company overseeing the loading, or the route-planners, or even the manufacturers.
Breach:
Once you have proven that the defendant owed a duty to you, you must then show that he or she breached the duty of care through negligence by acting in such a way that a reasonable, rational person would not act. This might be as easy as showing that the defendant broke a minor traffic rule, like running a stop sign, or as complicated as showing that a third party company was responsible for loading poorly, therefore breaching their duty through a different kind of negligence.
Causation:
Causation must be proved by showing that the defendant’s actions or the lack thereof were the cause of the harm you suffered. If the load fell out of a truck and another driver swerved to miss it without looking around them and ran into you, then causation might be more complicated, since it appears that several causes were to blame. In this situation, the driver of the truck and the trucking company might not have caused the accident or the resulting injuries at all, rather, a third party and a fourth party caused them. You must prove in court that the defendant in front of you caused the breach in duty.
Damages:
The final element that you must prove if you want a successful completion of your case and the resulting compensation you deserve is the element of damages. By damages, we mean the full monetary value of everything you have suffered, from the hospital bills to the property damage to the emotional toll. You will have the hospital bills at hand, hopefully, to show that damage and the car garage should show your property damage, but it remains to be seen that you suffered emotional damage or other intangible damages like loss of future earnings or loss of earning potential. These less clear damages are difficult to calculate and even more difficult to prove to a jury. For hospital bills and the necessity of treatment, you can always bring in a doctor and physically show the bills to the jury, but for loss of future wages, you are actually dealing with a very important and vital piece of information that can change your whole life. If you can’t return to your normal working potential you will lose more money over the course of your life than you can easily calculate. Have you ever thought about calculating emotional damages? Our San Antonio flatbed trailer accident attorneys have the years of experience to know how to help you calculate the damages so that you can get the full and just compensation you deserve for your injuries resulting from a flatbed trailer accident.
If you are considering a trial, then it is absolutely vital that you retain the services of a competent and experienced lawyer who knows how to help you get the most compensation you can by helping you prove each separate element in the burden of proof.
Flatbed Truck Wreck Law Firms and How They Can Help
Have you or a loved one been injured or has someone close to you been killed in a San Antonio flatbed trailer accident? If so, then you should know that here at our firm we will fight for your right to just and fair compensation. We will handle your case from the beginning right through to the end, keeping you completely informed and updated on the process and each step of the way.
If you or a loved one has been injured in a flatbed trailer accident in San Antonio, Amarillo, Dallas, Austin, Lubbock or anywhere in the state of Texas, then don’t hesitate to contact our law firm for a free consultation and we will begin to build your case today. Whether you suffered as a result of poorly loaded cargo, bad driving, misguided route-planning, anti-lock brake failure, or any other aspect of a flatbed trailer accident, don’t hesitate to contact us today. We will fight for your right to receive the full and just compensation you deserve.
Author: Charles Michel
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Charges Filed Against Truck Driver
Charles Michel December 1, 2020 Leave a comment
Criminal prosecutors have filed charges against both a semi-truck driver and a commercial shuttle bus driver, for their roles in a crash last month that resulted in 17 injuries.
Our injury attorneys understand there were multiple factors to blame in this situation, a fact that highlights widespread problems within the entire shuttle bus industry – from the design of the vehicles to the fact that they are often poorly maintained to the fact that drivers often aren’t certified to operate them.lawyers
Any one of these factors has the potential for fatal consequences. This case had all of them, plus the involvement of a semi-truck performing an illegal u-turn. Miraculously, no one was killed.
According to authorities, here’s what happened:
A shuttle bus driver was transporting 16 passengers, including at least two children. Meanwhile, the driver of a tractor-trailer was making an illegal u-turn. The shuttle bus slammed into the tractor-trailer, and everyone aboard the bus – including the driver – had to be transported to a nearby hospital, some with serious injuries.
Although the tractor-trailer driver was acting illegally, police investigators say that it was, in fact, the poor condition of the tires that were to blame. One even had the steel belts poking through the rubber.
But the shuttle bus problems didn’t stop there. The rear brakes of the bus were not functional. That meant when the bus driver attempted to make an abrupt stop, it had only the front brakes upon which to rely.
On top of all that, the driver of the bus did not have a proper commercial license for the type of vehicle she was driving or the number of passengers it carried.
The owner of the shuttle bus company admits mistakes were made but said that the driver of each vehicle is supposed to conduct safety checks on a vehicle before transporting passengers. The firm is investigating whether that was done, as well as why the driver was operating a vehicle for which she had no proper authorization.
Meanwhile, the trucking company, while in good standing with the Federal Motor Carrier Safety Association, has been involved in at least 200 crashes in the last two years alone. Of those, six resulted in fatalities.truck accident attorneys
Many times, we find in these cases that shuttle buses failed to even meet the basic requirements as laid forth by the FMCSA. However, we would argue that those standards should be even stricter. For example, as it stands now, there is no requirement for the vehicles to be equipped with seat belts. Plus, particularly with airport transport vehicles, luggage is often not properly secured and there is a tendency to overload those vehicles in an effort to make fewer trips.
The sad reality is that too often, these firms do not have the safety of their customers or others on the road at the top of their priority list. We hope that if there is any good to come from situations like this, it is that this kind of thinking will change.
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Accident Injury Lawyers – Insurance Companies
by admin | Aug 23, 2023 | Accident Lawyer, Injury Lawyer, Personal Injury Attorney | 0 comments
This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio
Please note, the Carabin Shaw Law Office has moved to 875 E Ashby # 1100 San Antonio, Texas 78212
Accident Injury Lawyers – Insurance Companies
If you are filing a personal injury case, there is also a huge chance that you will be dealing with an insurance company. It is given that once you got involved in a car or auto accident, medical malpractice, dog bites, slip fall, or even any verbal or physical abuse, anyone who is involved in one of these kinds of negligence or irresponsibility towards you will be asked to provide you with compensation, often issued by their own insurance company. Thus, since you will be dealing with related factors on charges, compensation, and insurance company, it is crucial that you fully understand how to properly negotiate and handle insurance liability claims. More on this webpage
Insurance Adjuster
Insurance adjusters are frequently assigned to personal injury cases and they are in charge to investigate facts, determining how much a specific case is worth. However, they do not work for you nor are interested in making sure you get fair and just compensation, rather, they work for the insurance company in order to keep the payouts as low as possible (to gain more profits).
Even though insurance adjusters’ goal is to pay the lowest amount possible, they have an ultimate goal of avoiding any lawsuit, making a settlement offer any injured party will accept. If, however, no settlement is agreed upon before the court, the injured party has the right to file a lawsuit, and if the defendant has been proven guilty, the judge or jury shall make the right decision as well as appropriate charges for the damage done.
You also have to remember that filing a personal injury case against the defendant also means that the insurance company can end up paying a very high fee if the jury feels sympathy for you. In addition, some legal fees, as well as miscellaneous costs, can also add to the expense of the insurance company.
Demand Letter
The demand letter is a written statement, enumerating what you will accept in order to settle the case. If you will be sending the demand letter, you also start negotiating with the insurance adjuster instead of the insurance adjuster being the first one to write down what is fair payment for you. Starting a demand letter can possibly result in a more favorable final outcome for you.
Policy Limits
Know the policy limits of the insurance company in order for you to also determine the maximum payout. While you could technically get a judgment for a much larger amount as compared to the maximum payment from the insurer, you should also try to collect the excess from the defendant personally.
Make sure that you do not accept any settlement offer not until you have known of the full extent of the damage and injuries, which, you have suffered and until you are confident that the settlement is just and fair. Once you have accepted the offer and signed a release of all claims, you should know that you cannot change your mind nor sue the defendant after.
Evidence
The above factors are just a few of the most important things you have to do when dealing with the insurance company. However, one strongest way in claiming what is just and right for you is to use your evidence to prove the fault of the defendant and also the injuries you have gained. Presenting evidence is necessary for you to be able to get a desirable settlement and also avoid further discussion by going to court.
Please note, the Carabin Shaw Law Office has moved to 875 E Ashby # 1100 San Antonio, Texas 78212
