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TX injury lawyerOn March 13, 2020, on the heels of Gov. Abbott’s declaration of disaster for the state of Texas, the state Supreme Court authored an emergency order tolling (pausing) all “service and filing deadlines” in civil cases until June 1. This means that any deadline for filing a lawsuit or serving process on a party to a lawsuit is extended until June 1 - usually a good thing for those contemplating filing suit - but there has been some confusion about just how far the order extends. If you are in a position to file a civil lawsuit, you need to be aware of what your position will likely be now that the statute of limitations is no longer being paused.

Do Not Miss The Statutory Window

The Texas civil statute of limitations is a law governing the amount of time in which a person can file a lawsuit before it is barred. It is generally understood that there must be a time limit on lawsuits, because over time, evidence decays, and memories become faded - if too much time elapses between an event and filing suit over injuries sustained, there will eventually be no evidence to prove liability. However, the time limit itself depends on the offense in question - for example, most personal injury lawsuits have a limitation period of two years, while a lawsuit for defamation must be filed within one year.

Very often, an injured party will fail to file their lawsuit within the statutory period, for one reason or another (the most common is simply not realizing how short a time they have in which to file suit). If you fail to file in time, the lawsuit will be forever barred - that is, you can never file it again, as you will have missed the proverbial window. The statute begins to run when a cause of action accrues - in other words, when something happens that might be grounds for a lawsuit - but very often, the injured party will not be told about it.

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TX injury lawyerMost of the time, when one hears about people being injured on a bus, they assume there has been an accident. However, recently, one San Antonio man was sentenced to 35 years in prison after being convicted of the stabbing of another man in October 2017, aboard a VIA bus. This is obviously a very unusual event, but it can sometimes confuse people who may not understand the difference between a criminal case like this one, and a civil case in personal injury, as is more likely to happen on board a bus.

Crime vs Civil Tort

In the stabbing case, the attacker appeared to attack the victim in an attempt to steal his cell phone, stabbing him repeatedly, though the victim ultimately survived. There was graphic video from the bus’s security cameras that captured the nature of the attack, and it seemed to begin out of nowhere. The attacker was later tried and convicted, reappearing in court on February 6 for his sentencing. He pleaded “nolo contendere,” which means ‘no contest’ and is technically not an admission of guilt. However, the judge sentenced him to 35 years in the Texas Department of Criminal Justice, plus a fine.

The attacker was charged with a crime, punishable by jail time among other potential consequences. However, most injuries that happen on buses or other public transportation are considered to happen as a result of civil torts. A civil tort is a negligent or reckless act that ends in loss or harm to another person or to property, while a crime is considered a wrongful act against society as a whole. If there is a VIA bus accident where people are injured, it is considered a civil tort because the keyword is accident - there would be no malice or intent to injure anyone. The attacker clearly, by the video, intended to injure the victim and was thus charged with a crime.

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TX injury lawyerRecently, a school bus from the North East Independent School District (NEISD) was rear-ended by a car trying to go around it, injuring the bus driver and the auto driver. Approximately 30 children were on board, en route to Stone Oak Elementary, but none were reported injured; they were transferred to another bus and send on their way. However, school bus accidents can often end far worse for those involved, especially very young children. If your child or children is injured in a school bus crash, consulting a lawyer is a crucial step to determine how to proceed.

Rear-End Collisions Are Common

In general, rear-end collisions between vehicles (that is, collisions where one vehicle’s front end strikes another’s rear end) are some of the most common in the U.S., as the National Highway Traffic Safety Administration (NHTSA) estimates that they make up around 30 percent of all two-vehicle accidents. While these types of crashes are common, they are also allegedly the most avoidable - studies indicate that a majority of rear-end crashes occur simply because one or both drivers are not paying attention.

In the Stone Oak accident, the driver of the automobile had grown impatient and tried to cut around the bus, but miscalculated the distance and struck the back of the vehicle. This kind of driving is another common cause of rear-end crashes; trying to cut corners or pass another vehicle without appropriately checking the distances (in other words, driving in a manner that might be classified as negligent) can be the cornerstone for a personal injury lawsuit if negligence can be established.

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TX injury lawyerA woman was killed when her vehicle rolled over early one morning, landing in a field near Highway 151 and Pinn Road. There were two car seats found in the back of the vehicle, though no evidence of passengers was immediately clear. Law enforcement said that the woman was ejected from the vehicle because she was almost certainly not wearing a seatbelt and that the immediate cause of the accident was most likely the vehicle hitting the curb and rolling. While no other vehicles appeared to be involved in the crash, this fact pattern does not always repeat itself in rollovers. If you or a loved one has been in a rollover accident, it is possible that you were injured due to someone else’s negligence, and if this is the case, you may be entitled to compensation.

Rollover Accidents Are Deadly

Because of the sheer nature of rollover accidents, with so much weight moving around, rollovers are generally more likely to cause injuries and deaths than other types of car crashes. Statistics from the National Highway Traffic Safety Administration (NHTSA) estimate that while only about two percent of accidents are rollovers, those accidents cause as many as 35 percent of all car crash fatalities. This number may even be higher if one factors in a lack of seatbelt usage - approximately 70 percent of those killed in rollovers were not wearing seatbelts at the time of their accidents.

Because rollover crashes can be so violent, the types of injuries that a rollover victim can sustain, even if they survive, are varied and will often be quite severe. They can be as simple as broken bones, cuts, and bruises, or they can be as complex as traumatic brain injuries, total or partial amputations, and spinal problems. Either way, if you believe that you were injured due to someone else’s negligence, bringing suit may be an option.

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Texas bike accidnet lawyerThere are very few months in Texas in which an individual would choose not to ride a bicycle if they so desired and the weather permitted. Texas is actually one of the better states to offer the opportunity to exercise and see the “great outdoors” on a bicycle. Unfortunately, the current society functions on the mechanical engine and the automobile, and bicycle injuries occur because of the fact that bicyclists are often difficult to see among a sea of moving cars.

The Law

In Texas, bicycling is very popular because of the constant temperate weather, yet injuries are often rampant. Personal injury lawyers can help assist you, a loved one, or someone you know in recovering damages for an injury suffered from a bicycle accident. The question often turns to the potential to recover damages, including pain and suffering, from your insurance carrier or the insurance carrier of the individual who caused the injury. If you are covered by an auto insurance policy, you may be able to recover for either personal injury protection (PIP) or uninsured (UM) benefits depending on your auto insurance and, in addition, you may be able to recover for your medical bills, lost wages, and other injuries.

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

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