Due to COVID-19, virtual meetings and consultations are available if preferred.
The Bettersworth Law Firm

PROTECT YOUR RIGHTS! CALL NOW!

Call Us830-606-0404   888-392-0039

New Braunfels San Antonio Seguin Austin

New Braunfels TX car wreck attorneyMany car accidents involve at least two vehicles, and sometimes even more. In a multi-vehicle accident, it is not uncommon for more than one person to be at fault. In some states, if your own negligence contributed to the accident in any way, you would be barred from collecting compensation for any injuries you suffered. Thankfully, Texas follows a rule of comparative negligence, known as “proportionate responsibility,” that allows individuals to file a claim for damages even if they were partially at fault for the accident.

Defining Proportionate Responsibility in Texas

In Texas, each person involved in a car accident will be assigned a percentage of fault for the crash. Depending on the situation, the contributing parties could include:

  • You (the plaintiff)

    ...

New Braunfels car accident injury attorneyIn many cases, car accident injuries are obvious right away. Victims may experience visible bruises and lacerations, noticeably broken bones, spinal cord injuries that result in immediate paralysis, or traumatic brain injuries that result in a loss of consciousness. However, other times, victims may emerge from an accident seemingly unscathed or without realizing the full extent of their injuries, only to have them become apparent soon after or in the coming days. If you are in a car wreck, you should always look out for signs of internal injuries that may require immediate medical attention.

Common Internal Injuries in Car Accidents

The blunt force trauma of a collision between vehicles can potentially cause many different types of internal injuries. Some of the most common include:

  • Torn or ruptured blood vessels

    ...

New Braunfels car crash attorneyIf you are injured in a car accident, your chances of recovering compensation depend on your ability to demonstrate that another party was negligent. In order to receive the largest possible settlement or verdict, you may also need to demonstrate that you were not partially at fault. Doing so requires that you have strong evidence to support your claim, and one of the strongest forms of evidence is video footage of the crash.

Video footage may not exist for every accident, but it is available more often than you might expect. The question is, how can you find it in order to use it in your case? It can be difficult to obtain video evidence on your own, but an experienced personal injury attorney can make it much easier.

What Kind of Video Evidence May Be Available?

Depending on where the accident happens and who is around to witness it, video footage of the crash may be available from a variety of sources. Some of the most common include:

...

TX injury lawyerEach year in Texas, around 2,500 bicyclists are involved in accidents with motor vehicles. Hundreds of these crashes result in serious injuries, with many proving to be fatal. Just this month in Bexar County, a bicyclist was fatally injured by a driver who police say was traveling at a high speed, and who has since been charged with intoxication manslaughter. If you or a loved one is injured in a bike crash, you should understand your rights to recover compensation.

What Causes Texas Bike Accidents?

In many cases, an accident involving a car and a bicycle is the fault of the driver of the motor vehicle, due to their negligence in upholding a duty of care to others on the road. Driver negligence in a bike accident can take many different forms, including:

  • Failing to yield the right of way - According to Texas law, bicyclists have the same rights and obligations as drivers of motor vehicles. As such, the rules regarding right of way are the same for bicycles and cars alike. When a driver fails to appropriately yield the right of way to a bicyclist at an intersection, a collision can occur.
  • Passing too closely - Unlike many other states, Texas does not have a law specifying a safe distance that cars should maintain when passing bicycles on the road. However, if an accident occurs after a car gets too close to a bike, the driver may be considered negligent.
  • Speeding - Driving at unsafe speeds, especially in school zones and urban and residential areas in which biking is common, makes it more difficult to avoid colliding with a bicycle that crosses the driver’s path.
  • Drunk driving - Alcohol intoxication impairs a driver’s abilities to the extent that everyone else on the road, including bicyclists, may be in danger.
  • Distracted driving - Because of their small size, bicycles can already be more difficult to detect than other motor vehicles. When drivers take their eyes off the road to use their phone or for any other reason, they are even more likely to miss seeing a bicyclist.

Injured bicyclists who can demonstrate driver negligence are often able to receive compensation for their medical bills, pain and suffering, and other damages. However, in order to avoid claims of contributory negligence, bicyclists should be sure to take all possible safety precautions when riding, including equipping their bikes with lights and reflectors, following traffic laws, and staying sober and alert.

...

TX injury lawyerIf you are injured in a car crash with a drunk driver, you may assume that the driver bears full responsibility for their intoxication and the resulting damages. However, according to Texas law, bars, restaurants, and other businesses that serve alcoholic beverages have a responsibility to do so safely. Under certain circumstances, if a business fails to uphold this responsibility, they can be found partially liable in a personal injury case involving a driver that the business served.

Texas Dram Shop Laws

Legal statutes addressing a business’s liability for damages related to alcohol intoxication are commonly referred to as “dram shop” laws. In Texas, such laws apply in two kinds of circumstances. The first is when an individual or business with an alcohol license or permit overserves a customer. In order for the business to be liable in this case, there must be evidence that the server knew that the person being served was already intoxicated to the point of posing a danger to self and others and that alcohol intoxication was the cause of the damages for which compensation is being sought.

The other type of circumstance is when a business knowingly serves alcohol to a minor under the age of 18. In this case, it is not necessary to demonstrate that the business overserved the minor, only that they were responsible for serving any of the drinks that led to the minor’s intoxication, which subsequently caused injuries or damages. Liability under these circumstances extends not only to businesses with an alcohol license but also to social hosts or any adults over the age of 21 who serve a minor or who allow a minor to be served on their premises, provided that the adult is not the minor’s guardian or spouse.

...

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