The Bettersworth Law Firm

PROTECT YOUR RIGHTS! CALL NOW!

Call Us830-606-0404   888-392-0039

New Braunfels San Marcos San Antonio Sequin Austin
Recent blog posts

Texas accident attorney, Texas injury lawyerOn March 30, a shuttle bus carrying members of the First Baptist Church of New Braunfels was hit head-on by a pickup truck on US 83, killing 12 passengers and the bus driver. A 13th passenger later died of their injuries. The pickup driver, by comparison, was hospitalized but recovered. Two months later, on June 30, he was charged with intoxication manslaughter, as well as normal manslaughter. No civil liability has been alleged, and no suit for wrongful death or any other valid cause of action has been brought. Yet in many auto accidents, especially those where a death occurs, wrongful death litigation is often begun concurrently or set to begin directly before the commencement of a criminal trial.

Civil vs. Criminal Law

In a lot of cases, especially in such an extensive and tragic accident as the First Baptist bus crash, a civil action is begun, or at least filed, around the same time as any criminal charges. While criminal charges are fairly self-explanatory, civil claims are a bit more difficult to define. Under Texas law, a civil action is brought to hold a person liable, usually by alleging negligence on their part (as opposed to finding someone guilty of a crime and showing they broke the law). Civil actions do not result in jail time, but they can result in significant fines and other punishments aimed at making the plaintiff “whole” - that is, to redress the wrong done to them as fully as possible. Most civil cases that are decided in the plaintiff’s favor result in monetary damages being paid by the defendant or defendants.

...

Posted on in Motorcycle Wrecks

Texas accident attorney, Texas injury lawyerOn Saturday June 10 around 4 p.m., a pickup truck drove into oncoming traffic on F.M. 973 and collided with a motorcycle. The driver of the motorcycle was pronounced dead at the scene and the pregnant female passenger, who had been thrown from the bike, was taken to a local hospital. The child did not survive and the woman remains in critical condition. The driver of the pickup truck who caused the head-on collision has been charged with intoxication assault and intoxication manslaughter. If the woman recovers, she may have the right to hold the at-fault driver responsible for her injuries and the loss of her child’s life.

A Personal Injury Claim Following a Motorcycle Accident

After a motorcycle accident caused by another driver or bike, the injured victims have the right to seek compensation through a personal injury insurance claim or lawsuit. Most auto accident injuries are resolved through an insurance settlement. The injured party files a third-party claim against the at-fault driver’s insurance policy. After the insurance company investigates the crash and the claimant provides evidence of his or her injuries, then the insurer will often offer a settlement. The claimant can work with an attorney to negotiate a fair settlement amount.

...

Texas injury attorney, Texas accident lawyerOn the night of July 11, 2017, two adults and four children wound up in the hospital after a single vehicle crash in Austin. Law enforcement logged the call as ‘auto vs. fixed object,’ which means that the automobile hit an object like a telephone pole or a guardrail under its own power, rather than being pushed into it. While the majority of people think that single vehicle accidents like this must by definition be the fault of the car’s driver, the truth is that there are multiple external factors that can cause a driver to lose control.

Texas Law Is Specific

Single-vehicle accidents tend to happen due to one of three common causes: (1) driver error; (2) vehicle failure on some level; and (3) unforeseeable occurrences. Driver error as an accident cause is fairly self-explanatory, but the other two causes are more nuanced. More importantly, they are more likely to be caused by another person, rather than any fault of one’s own, and when one is injured due to reckless or malicious conduct of another person, that is the textbook definition of negligence. If you are able to successfully show that another person’s negligent conduct played a major role in your injuries, you may be entitled to compensation.

...

Posted on in Work-Related Injuries

Texas injury lawyer, Texas workers comp attorneyOne Texas metalworker is suing two companies due to injuries he sustained while working. He alleges in his suit against Alabama Metal Industries and Automation Temporary Service that they failed to follow all relevant Occupational Safety and Health Administration (OSHA) regulations, properly train him for his job, provide adequate supervision, and provide necessary tools and safety gear. Because of this negligent behavior, he hurt his right hand at work in October 2015 and suffered medical expenses, physical pain, mental suffering, and lost earnings. Ultimately, the worker is seeking between $200,000 and $1 million in damages for his physical, psychological, and financial injuries.

Workers’ Compensation in Texas

Under Texas law, most employers are not legally required to purchase workers’ compensation insurance. When businesses do provide workers’ compensation coverage, injured employees have the ability to get their medical expenses covered and obtain a portion of their lost wages. In this situation, workers usually do not have the right to sue their employer. Workers’ compensation is their exclusive remedy.

...

Posted on in Car Wrecks

Texas bike accident lawyer, Texas injury lawyerOn June 3, around 1 a.m., a vehicle struck a bicyclist from behind near downtown San Antonio. The cyclist was found on the ground on West Ashby by a passerby. The responsible driver was nowhere in sight, having fled the scene of the accident. Emergency medical personnel took the cyclist to a nearby hospital. Initial reports indicated the victim may have had head injuries.

Reports like this hit-and-run accident act as a reminder for motorists and cyclists to focus on safety when they are on the roads. As summer gets underway, more cyclists will head out to commute to and from work, participate in long-distance races, and enjoy leisurely rides. While cyclists have to be ready to take common sense precautions and obey the rules of the road, motorists may need to consider how to best drive around bikes.

Tips for Sharing the Road with Bikes

...

The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

Texas Trial Lawyesr Association State Bar of Texas San Antonio Trial Lawyers Association
Back to Top