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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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What are the most dangerous intersections in New Braunfels?

 Posted on November 02,2023 in Uncategorized

There are collisions on the roads in Texas every day that range from minor fender benders to life-altering wrecks. Many of these collisions occur at intersections. This is because, ultimately, places where vehicles have to approach and cross paths with one another are higher risk than places where they drive next to one another or have a barrier separating lanes of traffic.

Technically, collisions can and do occur at just about any intersection, but some locations are more dangerous than others. The speed of traffic, the visibility of approaching vehicles and even the number of drivers passing through can influence the degree of collision risk at any particular intersection.

What intersections in the New Braunfels area tend to experience the highest rates of collisions?

New Braunfels is one of the most dangerous areas for drivers

According to a nationwide analysis by Smart Growth America, the San Antonio/New Braunfels area is one of the most dangerous metropolitan areas in the country concerning pedestrian crashes specifically. The area also experiences a relatively high number of motor vehicle crashes, many of which take place at busy intersections.

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Why some people don’t realize a crash has hurt their spinal cords

 Posted on October 30,2023 in Uncategorized

What most people understand about spinal cord injuries largely stems from seeing movies and television shows where people experience an immediate and total loss of sensation and motor control after sustaining harm. That is often what happens when a traumatic injury causes a complete spinal cord injury.

Car crashes are a leading cause of spinal cord injury, with collisions causing roughly 38% of the reported spinal cord injuries incurred by the public each year. Individuals may not be able to exit their vehicles after a crash because of the loss of function and require emergency transportation to a nearby medical facility to undergo treatment as soon as possible.

However, it is also possible for people to experience a spinal cord injury and still retain both their feeling of pain and their ability to use their body below the injury site. Medical professionals refer to these as incomplete spinal cord injuries. Ruling out the possibility of an incomplete spinal cord injury is one reason why people may need to be assessed thoroughly by a medical professional after a collision that causes severe damage to their vehicles and leaves them unsure of their physical condition.

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3 mistakes people make when they handle crash claims on their own

 Posted on September 27,2023 in Uncategorized

Those injured in collisions caused by another driver have certain rights under Texas state law. Typically, they have the option of filing an insurance claim. If someone doesn’t have insurance or if they cause a crash that leads to major losses, people can pursue personal injury or wrongful death lawsuits in civil court.

Those who are not at fault for a crash often assume that the system will work in their favor, but that is not necessarily the case. Insurance companies may aggressively negotiate to limit what they pay on claims, and the person who caused the crash could very well retain a lawyer in hopes of avoiding personal responsibility for the wreck. Ultimately, attempting to manage the process of pursuing compensation without professional support could very easily lead to someone making one of the three mistakes below.

Paperwork or deadline mistakes

There are numerous statutory rules that apply to personal injury lawsuits and insurance claims. For example, someone seeking to take another driver to civil court only has two years from the date of their initial injury to take action. After that point, the statute of limitations will largely prevent any lawsuits. Mistakes regarding the type of papers that someone files with the courts or the insurance company, as well as errors or omissions on the documents they submit, could complicate their claim or lead to significant delays.

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3 steps involved in an insurance claim after a Texas car wreck

 Posted on September 06,2023 in Uncategorized

Car crashes in Texas can cost people a large amount of money, particularly when they involve high speeds and/or vehicles of vastly different sizes. As a result, someone injured in a car crash may have a stack of medical bills and concerns about paying for the basic cost-of-living expenses until they can return to work.

People in such precarious financial positions typically expect that insurance will help them manage their financial obligations. They may not know what steps to take to file an insurance claim or what to expect during that process.

How can someone not at fault for a Texas crash go about securing coverage?

Document and report the collision

The proper response immediately after the wreck is of the utmost importance for those who believe they will require insurance later. Whenever possible, it is usually advisable for people to capture video footage of the scene of the crash or to take pictures to document the placement of the vehicles and the extent of the damage. Notifying local authorities will also be an important step to take, as Texas law does mandate police reports and collisions involving property damage and injury. Drivers want to effectively communicate with police officers about what they believe caused the crash without being aggressive toward the other driver.

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