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How Are Pain and Suffering Calculated After an Injury?

 Posted on July 08,2024 in Car Accidents

New Braunfels, TX personal injury lawyerWhen most people hear the words "personal injury," they think of medical bills, lost wages from being off work, and other losses. These are called economic damages, and they are the most common type of damages that personal injury victims seek compensation for.

Some damages, however, are not physical. Someone who has been in a truck crash, for example — which is often more traumatic than car accidents due to the weight and size of trucks — can suffer psychological and emotional shock. Texas law refers to the psychological impact as pain and suffering. Even though pain and suffering are considered non-economic damages, a victim can still receive compensation for them.

But how are pain and suffering calculated? This article will discuss the methods used to determine the value of pain and suffering. If you have been injured in a truck accident or any other incident, contact a Texas personal injury attorney to find out if you may be eligible to claim compensation for pain and suffering.

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What Is the Claims Process for a Truck Injury in Texas?

 Posted on June 24,2024 in Truck accidents

Comal County, TX personal injury lawyerPeople who are injured in collisions involving trucks are more likely to sustain severe injuries than people injured in car crashes. This is not only because trucks are larger and heavier, but because they sometimes carry cargo that can spill in the event of a crash and hurt other vehicles.

Most truck accident victims who sustain injuries want to seek compensation. They know that they are supposed to file a claim with an insurance company, but they are not familiar with the rest of the process. Knowing the whole process is important because, as you will see, a Texas truck accident attorney can be the key to receiving the most compensation possible for your injury.

The Accident

The process begins with the truck accident. Try to account for all your injuries and their severity. Remember every detail you can and write it down. The more information you have, the better you can help your attorney identify who is at fault.

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What Damages Can I Claim for a Truck Accident Wrongful Death?

 Posted on June 07,2024 in Truck accidents

TX injury lawyerTruck collisions are known to have higher fatality rates than passenger car collisions. When someone dies in a truck wreck, the victim’s family may be able to sue the other party for wrongful death.

According to Texas law, wrongful death means that someone died as a result of another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.” So, if a person was killed in a car or truck accident, his or her relatives may be able to claim compensation for damages.

This article will discuss the types of damages that can be claimed in a wrongful death case following a truck collision. However, keep in mind that some of these claims are not easy to win, so they should be brought by a skilled personal injury attorney.

Economic Damages

Economic damages, which refer to financial losses, are the easiest type of damages to claim. This is because they can be quantified. When you sue for economic damages, you are telling the court that you lost money and you want the other party — the defendant — to reimburse you. Such losses include:

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Can I Sue a Reckless Driver for an Accident in Texas?

 Posted on May 28,2024 in Truck accidents

Comal County, TX car accident lawyerReckless driving is the most common cause of fatal car accidents. Texas law defines reckless driving as when a “person drives a vehicle in wilful or wanton disregard for the safety of persons or property.” This is slightly different from aggressive driving, which is “any unsafe behavior performed purposely with ill intent or disregard for safety that puts other drivers or property at risk.”

Both types of driving are moving violations and are punishable with fines and jail time. If someone gets injured as a result of aggressive or reckless driving, the victim may be able to sue for damages. However, not all claims are entitled to compensation, so make sure to consult a Texas personal injury attorney about your specific case.

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Can I Sue if I Was Hit By a Truck Driver with Driver Fatigue?

 Posted on May 09,2024 in Truck accidents

New Braunfels, TX truck driver accident lawyerIn 2023, Texas suffered the highest number of truck accidents in the United States with over 12,540 collisions involving semi-trucks, commercial trucks, tractor-trailers, and similarly large vehicles. At least 8,710 people were injured in truck accidents and over 560 people reportedly died from truck collisions in 2023 alone.

The most common cause of such accidents is driver fatigue. If you have been injured in a truck collision due to driver fatigue, you may be entitled to compensation. This article will discuss truck driver fatigue and whether you are entitled to claim damages.

Make sure to consult with a Texas personal injury attorney about your specific case to know whether you are entitled to a claim.

What is Driver Fatigue?

Driver fatigue refers to tiredness a driver experiences that can affect his or her performance at the wheel. A truck driver’s ability to drive can be compromised by not following responsible trucking practices. For example, driver fatigue can be caused by:

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Proving Liability in Multi-Vehicle Collisions

 Posted on April 25,2024

Comal County personal injury lawyerMulti-vehicle collisions often involve complex liability issues. When three or more vehicles collide, determining who caused the accident and who owes compensation can be challenging. An aggressive and compassionate Texas lawyer can help you determine how to move forward in this situation.

Negligence and Duty of Care

In Texas, liability in a multi-vehicle crash generally depends on establishing negligence. Every driver has a duty to exercise reasonable care towards others on the road and operate their vehicles prudently to avoid foreseeable risks of harm.

When a driver breaches this duty through actions like speeding, running red lights, or distracted driving, they can be considered negligent. The injured parties must then show this negligence proximately caused the collision and their damages.

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Proving Liability in Slip-and-Fall Accidents in Texas

 Posted on April 09,2024 in Uncategorized

New Braunfels personal injury lawyerSlip-and-fall accidents can lead to serious injuries and financial burdens. You may be entitled to compensation if you have been injured in a slip-and-fall accident. However, proving liability can be challenging. A Texas lawyer can help you prove liability in slip-and-fall accidents.

What Exactly is Premises Liability?

In Texas, slip-and-fall incidents are considered under premises liability law. Property owners are legally responsible for maintaining their premises reasonably safe for guests. This duty applies to both business and private property owners. To prove liability, you must demonstrate that the property owner failed to maintain a safe environment, leading to injuries.

Establishing Negligence

You must prove negligence to hold a property owner liable for your slip-and-fall accident. Negligence occurs when the property owner fails to exercise reasonable care in maintaining their property. You must show that:

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Why are semi-truck crash insurance negotiations often so challenging?

 Posted on January 31,2024 in Uncategorized

The aftermath of a motor vehicle collision can take months to fully resolve. Depending on the scope of the property damage and injuries caused, the people involved may need months to properly settle everything. Those who get injured must receive immediate medical care. People also need to arrange for vehicle repairs after having their vehicle towed to the shop. In some cases where the vehicle is no longer safe to drive, people must begin the often lengthy and frustrating process of hunting for a replacement vehicle after a crash.

Those settling matters from a recent car crash often need to negotiate with insurance companies as part of that process. While many of the needs are the same when the vehicle that caused the crash is a semi-truck, not another passenger vehicle, the process can be infinitely more difficult than “usual” for people to manage.

Insurance companies have more to lose in semi-truck crashes

Claimants can expect more challenges when seeking coverage after a semi-truck crash. The biggest reason why insurance negotiations after a semi-truck collision might prove challenging is how much larger the insurance policies usually are.

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5 kinds of negligence that commonly cause semitruck crashes

 Posted on January 05,2024 in Uncategorized

Understanding the common causes of collisions is essential for victims involved in commercial truck crashes. The aftermath of semitruck crashes is often more complicated than typical car wrecks due to a variety of factors. Being able to accurately assess what has caused a wreck can help to smooth the process of sorting out what comes next.

If you’ve been injured in a semitruck crash, recognizing common potential causes of the kind of harm you’ve suffered is important. This information can provide essential context for any legal claims you might pursue as you move forward.

Driving fatigue

Truckers often face long hours on the road, which can lead to fatigue. Despite regulations limiting driving hours, tiredness remains a common cause of crashes. Fatigued driving can impair reaction time, judgment and overall driving performance in a way that increases the chance of a crash.

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Fatigue while driving is a shockingly common safety issue

 Posted on January 02,2024 in Uncategorized

Personal choices are the underlying cause of many motor vehicle collisions. Thousands of people die every year because some people drive while drunk or flagrantly disregard the speed limit. There are laws prohibiting distracted and drunk driving, and people still make the choice to engage in these unsafe practices.

There are no laws technically prohibiting driving while fatigued or drowsy, at least for people in their own vehicles. There are federal Hours of Service rules that govern the commercial transportation industry. These rules help prevent semi-truck crashes caused by fatigued drivers. Unfortunately, no such statutes exist for those driving their own vehicles for personal purposes. People can drive for an entire day or when they haven’t slept well in days without violating the law. Their choices could endanger others.

It is incredibly widespread

Far more drivers than people realize routinely drive when they are too tired to be safe at the wheel. In a study involving self-reported driving information conducted by the Centers for Disease Control and Prevention (CDC), a surprising number of drivers admitted to falling asleep at the wheel in the last 30 days. Approximately one in 20 drivers admitted that they had fallen asleep at least once while driving in the last month. Some of them had more than one such incident. For every driver who falls asleep at the wheel and admits to doing so, there are many others who experience impairment caused by fatigue.

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