How to seek compensation

Right after an accident, there are essential steps to take to safeguard your rights and potential compensation. First, stay at the scene. Leaving could be considered a hit-and-run, leading to profound consequences. Ensure your safety by checking for injuries and moving out of traffic.

Contacting the authorities can also be helpful since they will provide an official accident report that can be useful later. While you wait for them to arrive, you can take photos of the accident scene, vehicle damages and any visible injuries. These images can help support potential claims and legal proceedings.

Lastly, even if you feel fine, visiting a doctor can be beneficial in the long run. A medical professional can identify hidden injuries and provide treatment. This way, you can seek compensation for these damages. Then, you can notify your insurance company about the accident and start your claim.

Filing a Claim

Depending on the circumstances, you can file a claim with either the at-fault driver’s insurance or your own. If the other driver is at fault, their insurance should cover your car repairs, medical bills, and other losses. Still, be prepared for potential disputes about fault or coverage limits.

When pursuing compensation, you can request both economic and non-economic damages. Economic damages include concrete losses like medical bills, car repairs, and lost income. Non-economic damages include compensation for experiences such as physical and emotional pain, mental anguish, and the loss of close personal relationships.

Texas imposes certain limitations on damages, particularly in cases involving public servants or community service programs. Additionally, there is a two-year statute of limitations for filing a personal injury lawsuit, so it is crucial to act promptly. If you have questions, contact a car accident attorney to guide you and defend your rights.

Dealing with the aftermath of a car accident can be complicated, especially regarding fault and compensation. Understanding Texas’ modified comparative negligence system is key to recovering damages. If you feel overwhelmed, consulting with a Texas car accident attorney can provide guidance tailored to your situation.

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by gturnercontentcustoms | Sep 23, 2024 | Motor Vehicle Accident Injuries

When you’ve been injured in an accident, and the at-fault party’s insurance company offers a large settlement, it can feel like a huge relief. You might be tempted to accept the offer and move on with your life. After all, isn’t that what you’re entitled to—quick and fair compensation?

While it might seem that way, there’s an important question to ask: is the settlement enough to cover all your current and future needs? In many cases, the answer is no. Insurance companies are in business to make profits, not to pay out the full value of claims. Therefore, seeking legal feedback before accepting a settlement offer could be one of your most important decisions. The right legal support can help ensure you don’t miss out on crucial financial compensation to support your long-term recovery.

Medical expenses

Depending on the acuteness of the injuries you sustain during a collision, you may incur out-of-pocket expenses for:

• Visiting the emergency room
• Your hospital stay
• Ongoing medical treatments
• Rehabilitation
• Therapy

Involving the right legal team can help you account for all medical expenses that your injuries may require.

Lost wages and future earnings

It’s not uncommon for accident survivors to miss work while they recover from the injuries sustained in the collision. Suppose this is your predicament; accepting the insurance company’s initial settlement offer might not be a good idea. Instead, you should consult a legal team that can help ensure you recover the lost wages you’re entitled to.

Pain and suffering

Did you know you’re entitled to compensation for the pain and suffering you experienced due to a car accident? These damages can vary widely depending on:

• The severity of your injuries
• How the accident affected your daily life
• The accident’s long-term impact on your well-being

With proper legal support, you can rest assured the insurance company will not undervalue your pain and suffering to keep the payout lower.

While a large settlement offer from an insurance company might seem generous, it’s crucial to take a step back and evaluate whether it truly meets your current and future needs. You’re entitled to a settlement that caters to more than just your immediate medical bills. Consulting with a dedicated legal team can help ensure that all of your expenses are considered.

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by gturnercontentcustoms | Sep 10, 2024 | Wrongful Death

Wrongful death lawsuits are one of the best options for justice after a tragedy. Those who lose loved ones in drunk driving car crashes, cases of medical malpractice or situations caused by defective consumer products can potentially take legal action.

In Texas, wrongful death lawsuits are possible when there is evidence of fraud, negligence, defaults or wrongful conduct on the part of another party. Both businesses and individuals may technically have legal and financial responsibility for someone dying.

Even in cases where the state does not prosecute anyone after a tragedy, a wrongful death lawsuit might still be possible. Families can request compensation for the losses caused by their loved one’s untimely passing. For starters, the following common expenses may contribute to the overall value of a Texas wrongful death lawsuit.

Economic damages

A significant percentage of the overall value of a wrongful death lawsuit often relates to economic losses. They are verifiable financial expenses that a family must absorb because an individual died. Lost future wages and benefits are often the biggest contributing element to a wrongful death lawsuit. The family can also seek the value of household services provided by the decedent. Family members may have to absorb a number of unpaid household responsibilities that the deceased individual previously managed. Those services can be worth thousands of dollars a year

Non-economic losses

The death of a loved one can cause a host of different challenges for those who survive. The emotional and social impact of the death on surviving family members can also be a consideration. Their mental pain and anguish, as well as the loss of companionship and love from the deceased, can contribute to the total value of the lawsuit.

Punitive or exemplary damages

In particularly tragic situations, families may have the option of requesting damages, also known as exemplary damages according to Texas state statutes. Exemplary damages do not stem from financial losses but are a form of punishment for the party at fault for the situation. Exemplary damages are only available in particularly egregious scenarios. Plaintiffs need clear and convincing evidence of egregious circumstances. There must be proof of gross negligence, fraud or malice to seek exemplary damages.

Determining how much to request in a wrongful death lawsuit is an important part of the legal process. Families need to determine the impact a passing has in order to effectively hold another party accountable for the losses generated by an untimely death.

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by gturnercontentcustoms | Jul 10, 2024 | Motorcycle Accident Injuries

Motorcyclists who are injured when a negligent driver slams into them may suffer from catastrophic injuries. These can include spinal cord injuries, traumatic brain injuries and others that alter a crash victim’s life.

Victims of motorcycle crashes often face expensive medical bills and other costs related to the harm they’ve suffered. They may also be unable to work at time when they are being forced to navigate those increased expenses.

For some victims, this situation necessitates a legal claim for compensation to help them hold the liable party accountable for those financial damages. Seeking assistance from a legal representative is a priority for those individuals for a number of reasons, including the following.

Bias against motorcyclists

One of the most difficult challenges that some injured riders face involves having to fight bias against motorcyclists. Some people falsely believe that people on motorcycles are rebel lawbreakers who refuse to follow basic safety guidelines. This can make personal injury cases difficult for crash victims. A lawyer who’s familiar with these cases likely has options for showing that motorcyclists are typically safe drivers. They’ll also likely understand what’s needed to show that a victim was doing their part to remain safe at the time of the crash.

Comprehensive damages are critical

A personal injury claim is a one-time event. Once a case is resolved, a victim can’t come back to ask for more money. Because of this, it’s critical that financial damages are accurately calculated and pursued.

These cases should address the bills the injured motorcyclist already knows about, but the damages at issue may not stop there. The claim should also include future damages that are directly related to the crash. Determining this could require a legal representative to review similar cases to determine what types of damages other victims received and in what amounts.

Because laws surrounding personal injury, liability and negligence are so complex, motorcycle crash victims should work with a legal representative who can take steps to protect their interests. Having solid representation can also allow the victim to focus on healing while their legal representative handles their case.

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by gturnercontentcustoms | Jun 14, 2024 | Defective Products

Imagine glancing at the news only to see a headline about a food recall for a product you regularly use in your household. Few things can be more unsettling than discovering that you’ve unknowingly exposed your loved ones to a product that is now being pulled from shelves. What steps can you take in such a predicament?

Food recalls are a crucial element of food safety. They are designed to safeguard unsuspecting consumers against potential health risks that can arise from contaminated or unsafe products. Recently, a notable recall involved baby formula. This highlights the essence of understanding the recall process and the steps to take if you or a loved one has consumed a recalled product and been poisoned as a result.

What is a food recall?

A food recall is initiated by a company or by pertinent regulatory bodies to remove an unsafe food product from the market. Health concerns can arise when researchers find various contaminants in the product. A food product can be termed as contaminated if:

• It contains bacteria or foreign objects
• The packaging has undeclared allergens
• its production wasn’t hygienic

Food recalls are necessary to help prevent further consumer harm and mitigate the risk of illness or injury. The recent recall of baby formula followed the discovery of Cronobacter sakazakii in the products. This is a bacteria that can cause severe infections in infants.

Steps to take if you’ve consumed a recalled product

When you discover that you have a recalled food product in your household, the initial alarm can throw you into an anxiety frenzy. But before you panic, countercheck the recall notice to ascertain that your family has been, in fact, consuming the contaminated product.

If you have the recalled product, you should stop using it immediately. Consider calling extended family members and friends who you might think were using the product to confirm that they know about the recall. You should then follow the disposal procedures outlined with the recall to safely discard the product from your home.

If you’ve been harmed so significantly that you’ve incurred medical bills, you may be eligible for compensation. And suppose your family, unfortunately, has lost a loved one because of a recalled product; you may be eligible to pursue a wrongful death claim. With the help of a reliable legal team, you can hold the negligent company accountable for exposing you to a contaminated food product.

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by gturnercontentcustoms | May 14, 2024 | Truck Accident Injuries

A semi-truck crash is one of the most destructive experiences an individual can have in traffic. In a matter of seconds, a collision could render their vehicle permanently unsafe to drive and could forever alter their physical health.

Semi-truck collisions have the potential to be financially and physically devastating for the people involved. While federal rules do mandate six-figure insurance policies for semi-trucks and other commercial vehicles, even that may not be enough to reimburse those affected by a crash with an 18-wheeler. People sometimes need to file personal injury lawsuits after semi-truck collisions.

What types of compensation can they request if they file a personal injury lawsuit?

Economic damages

The vast majority of the compensation available after a semi-truck crash relates to the economic damages caused by the collision. Economic damages include provable financial losses related to the wreck. Those who only pursue compensation through insurance may only be able to recover economic losses. Hospital bills and lost wages are examples of economic losses. People can request compensation for their current and likely future economic losses.

Non-economic losses

Texas does allow those involved in crashes to pursue non-economic damages for losses that may not have a direct financial value. The reduction in someone’s quality of life because of their functional limitations is a non-economic loss. Their anguish or physical discomfort is another non-economic damage. Disfigurement, disabilities and the loss of enjoyment of life are all non-economic losses that can contribute to the overall value of a personal injury lawsuit in Texas.

Punitive damages

What other states refer to as punitive damages are exemplary damages according to Texas state statutes. Exemplary damages do not reimburse the plaintiff for losses but instead serve as a punishment for the defendant. Texas has a relatively high standard for cases where plaintiffs request exemplary damages. They need clear and convincing evidence of fraud, malice or gross negligence if they expect a judge to award them exemplary damages in a semi-truck crash lawsuit.

Estimating the financial impact of a semi-truck crash can be as challenging as negotiating with a commercial insurance provider. Those attempting to recover their losses after a semi-truck crash may benefit from securing legal assistance throughout the process accordingly.

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by lainie.little@thomsonreuters.com | May 1, 2024 | Truck Accident Injuries

A recent semi-truck accident on a popular Texas highway is testament to the dangers large commercial vehicles often pose on the road, especially when traveling nearby extremely small passenger cars.

An 18-wheeler transport fleet traveling on State Highway 36 north of Austin was carrying a massive load that looked to be a large piping system several semi-truck beds long.

The piping system detached from the trailer, crashed into a passenger vehicle, pinning the three passengers inside. Two of the individuals died and one was severely injured and air-lifted to the nearest hospital.

The Temple Fire & Rescue responded to the scene with ten units and two-dozen personnel. Police report that it took several hours to remove the driver from the passenger car due to the sheer weight of the pinned cargo.

According to authorities, the piping system load weighed roughly 350,000 lbs.

Common dangers involving semi-trucks

The above real-life scenario shows what many people in Texas have always known: commercial trucks pose an incredibly high risk of danger on the roadways.

They are much larger than passenger cars, take up much more space on the highway, and often haul loads weighing hundreds of thousands of pounds. An accident involving an 18-wheeler is simply no match for those traveling in a small passenger car.

Rules for commercial truck drivers

Commercial truck drivers and their entities must follow strict guidelines and regulations for this very reason. However, it doesn’t always happen. Beds are often not secured properly or they are overloaded, and truck drivers are fatigued, distracted or improperly trained. These and many other reasons could be to blame for this accident and so many more that occur on Texas highways each year.

Fortunately, victims and their families have recourse options. Nothing can change what occurred and nothing will bring back lost loved ones, but financial compensation to help with medical bills, surgeries, funeral expenses and lost future income can help in the recovery process both today and into the future.

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by gturnercontentcustoms | Mar 26, 2024 | Truck Accident Injuries

Semi-trucks have been a safety concern for as long as these massive commercial vehicles have shared the road with passenger vehicles. Collisions between cars and semi-trucks can leave family vehicles unsafe to drive and may put people in the hospital.

People tend to feel relatively safe in traffic. After all, the majority of trips end without any crashes or even close class. Drivers may also trust that their vehicles can protect them if a crash occurs. Personal vehicles have gotten safer in recent years. Improvements in crash testing and design practices can reduce the severity of collisions that occur.

Despite those improvements in safety technology, people may feel like they hear more stories about semi-truck crashes now than they did a few years ago. Is it true that collisions with 18-wheelers have become more of a traffic safety concern in recent years?

Semi-truck crash rates are concerningly high

When looking at trends in vehicle collisions, there have been some alarming changes in recent years. Some of the most concerning shifts include an increase in semi-truck collisions. Overall, crashes involving semi-trucks have been on the rise. The National Highway Traffic Safety Administration (NHTSA) noted a 26% increase in semi-truck crashes between 2021 and 2022. When looking at fatal crashes, there was an 18% increase between 2020 and 2021.

The 5,700 fatal semi-truck crashes in 2021 also represented a 49% increase over the total deaths reported a decade prior. That increase dwarfs the increase in the number of miles traveled by semi-trucks over the same period, which only increased by 22%.

Factors ranging from harsh employment practices and increasingly erratic traffic behavior may contribute to the concerning recent increase in semi-truck crashes, particularly fatal ones. Drivers may want to take greater care when driving in close proximity to semi-trucks, but they unfortunately have no control over the transportation industry or the conduct of individual commercial drivers.

Anyone involved in a commercial vehicle collision can anticipate a very complex compensation process ahead due to commercial insurance requirements, the number of potentially liable parties involved and the likely severity of the crash. Pursuing an insurance claim or a personal injury lawsuit may be necessary if a semi-truck operator, their employer or any other related party is to blame for a recent wreck.

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by gturnercontentcustoms | Feb 21, 2024 | Car Accident Injuries

A car crash can be a traumatic event – both physically and emotionally. However, the emotional effects of this turn of events may not manifest immediately if someone is focused on their physical injuries. When they do present, however, they can be life changing and continue long after a person’s body has largely healed.

How a crash affects someone’s mental health depends in part on how their brain is wired as well as whether they have history of or ongoing issue with anxiety disorder and/or phobias. It may have less to do with how serious the crash was. Some people who have been in car collisions suffer a phobic condition called amaxophobia that can disrupt their personal and work life.

What is amaxophobia?

This condition is a fear of riding in a vehicle, either as a driver, passenger or both. It’s not just anxiety or getting knots in your stomach. A person suffering from amaxophobia may begin shaking, have heart palpitations and feel like they can’t breathe when they even think about getting in a car. Not everyone experiences amaxophobia the same way. It’s more serious in some than others. Some people with this condition can ride in a car but are afraid to drive. Some can’t be a passenger, even if a trusted, experienced driver is behind wheel. Some people are unable to even use public transportation.

Treatment is necessary

A person who is suffering from amaxophobia or any anxiety disorder after a crash can be unable to live their life the way they need to. They may be unable to get to work, take their kids to and from school and much more. Mental health treatment can be every bit as necessary as the medical treatment they’ve undergone. The sooner the condition is diagnosed and the sooner treatment can start, the better the chances are of treating it.

If you have recently been involved in a crash and are suffering mental health effects, you may need to seek compensation from an at-fault driver. If so, you can and should include the cost of mental health treatment for serious issues caused or exacerbated by the crash. However, you’ll likely need a diagnosis by a mental health professional before you’ll be awarded damages.

Being able to afford the mental health care you need after a crash is just one reason not to agree to a settlement after a crash until you know the full extent of your economic and non-economic damages. With experienced legal guidance, you can better seek the compensation to which you’re entitled.

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by gturnercontentcustoms | Jan 24, 2024 | Wrongful Death

No one wants to file a Texas wrongful death lawsuit. These lawsuits are usually the result of some terrible family tragedy. A drunk driver causes a crash or a business releases an obviously unsafe product that leads to someone dying.

The people left behind when someone dies prematurely may then pursue a wrongful death lawsuit as a way of recovering the economic damages triggered by the untimely death of an immediate family member. Families can go to court to request reimbursement for losses caused by someone’s untimely death if they have proof that another party is to blame for their loved one’s death.

Wrongful death lawsuits in Texas can lead to compensation for the end-of-life care and funeral services. Families can also request compensation for someone’s future earning potential, which represents financial support they could have provided their loved ones. How do plaintiffs in a wrongful death lawsuit calculate future wages?

Considering future opportunities is crucial

Many people employ an overly-simplistic approach to the calculation of lost wages in a wrongful death lawsuit. They simply multiply an individual’s current salary by the number of years they should have continued working before retirement if they hadn’t suddenly died.

The problem with this approach is obvious if people think about it long enough. Most workers continue to receive at least cost-of-living raises for as long as they continue working. Those with special skills or focused career ambitions might have also pursued promotions or new jobs with other companies to significantly increase their earning potential if they had survived. They could have eventually earned multiple times more than what they did at the time of their death.

There are also employment benefits to consider. An individual worker’s benefits could be worth as much as 30% of their annual salary. Family members may struggle to replace the health coverage and other benefits lost when someone dies unexpectedly. It is often a challenge for those seeking justice after a tragic incident to put a realistic value on the loss of their loved one by accurately estimating their future income.

Requesting the maximum amount of compensation possible can diminish the harm an untimely passing causes for survivors and maximize the consequences for those who negligently or intentionally cause someone’s death.

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by gturnercontentcustoms | Jan 17, 2024 | Truck Accident Injuries

A semi-truck collision can cause major damage and might even force local authorities to shut down a road or highway. Semi-trucks can cause catastrophic injuries and massive property damage. The people licensed to operate commercial vehicles typically have more training than those with basic driver’s licenses and also have to hold themselves to a higher standard. There are many rules limiting the conduct of commercial drivers that do not apply to those in passenger vehicles.

Despite all of the legal precautions in place to protect the public, crashes between commercial vehicles and passenger vehicles are still somewhat common. Who might potentially be liable for the damages inspired by a semi-truck collision?

The other driver

Occasionally, the driver of the smaller vehicle is technically the party at fault for a commercial vehicle crash. Collision statistics indicate that passenger vehicle drivers are responsible for slightly less than half of the crashes that occur between semi-trucks and passenger vehicles. If the driver of the smaller vehicle is responsible, they may not have many options for covering the expenses generated by the collision.

The commercial driver

Sometimes, there’s little question that the person operating the semi-truck is the party at fault for the collision. Provided that they are a self-employed owner-operator, they may ultimately be liable for the expenses generated by the wreck. However, if the commercial motorist is an employee, not an independent contractor or self-employed professional, then their employer may ultimately be the party with liability for the crash.

The commercial transportation company

Rules about vicarious liability often pass responsibility for collisions to employers if someone is on the clock at the time of a wreck. Some transportation companies may even cause crashes by poorly maintaining vehicles or having inappropriate employment practices that require their workers to do something unsafe.

Most commercial transportation companies have very large liability insurance policies that provide at least $750,000 of coverage to protect them from the risks inherent when a worker causes a collision. The people affected by a major semi-truck collision often have massive expenses that they struggle to manage on their own. Pursuing a major insurance claim or possibly even filing a lawsuit against the transportation company can be reasonable choices for those coping with financial challenges stemming from a semi-truck collision.

Ultimately, determining who is liable for a wreck is necessary for those hoping to seek compensation after a crash.

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by gturnercontentcustoms | Dec 22, 2023 | Car Accident Injuries

Car crashes can cause severe injuries even when people properly use restraints and follow all traffic laws. Traumatic brain injuries (TBIs) can occur because someone hits their head on part of the vehicle or because a vehicle spins or rolls over during the crash.

TBIs range from mild to severe. The most severe brain injuries are fatal or leave people dependent on life support indefinitely. Only a small percentage of those with new TBIs die immediately. Thousands of others have to adjust to life with new medical challenges. Frequently, those with TBIs discover that they have expenses well beyond what the available insurance can cover. What makes a crash-related TBI so expensive?

The medical support required

The first and most obvious expense for a brain injury is the treatment it necessitates. Some people may require surgical intervention, while many others need tens of thousands of dollars in emergency trauma care support. Even after someone leaves the hospital initially, they may require ongoing rehabilitative care, such as physical or occupational therapy. The lifetime medical care costs range from $85,000 to millions of dollars in some cases.

Lost earning potential

Every TBI manifests unique symptoms. Some people struggle with memory and cognition, while others develop fine motor function challenges. Many people have to leave their jobs after a TBI because they cannot perform the same work they used to. Even those who keep the same job may lose out on future earning potential because they are no longer as competitive as they once were in the workplace. Symptoms ranging from changes in personality to memory deficits can impact someone’s ability to perform their job well and their income.

The need for accommodations

Depending on what symptoms someone has, they may need nursing support in their home, life support machinery or an accessible living space. Those accommodations can be quite expensive for someone to obtain.

The combination of medical costs, necessary accommodations and lost earning potential can lead to financial devastation for those involved in major collisions. Those coping with a TBI or supporting a loved one who has one may benefit from seeking legal assistance while navigating an insurance claim or support when filing a personal injury lawsuit. Knowing how much a TBI can cost may help people more effectively seek financial compensation to better cover those expenses when the harm in question was caused by another’s actions or inactions.

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by lainie.little@thomsonreuters.com | Dec 14, 2023 | Motorcycle Accident Injuries

Riding a motorcycle can be an exhilarating experience. However, the enjoyment of a motorcycle ride comes at a heavy cost to many riders.

Many bikers are often victims of motorcycle accidents, suffering serious injury due to little protection. Accidents often cause broken bones, brain injuries, spinal cord damage, and amputations which require expensive surgeries and other medical treatment.

When a passenger vehicle collides with another passenger vehicle injuring passengers, the law is pretty clear. However, when a motorcycle rider in Texas is injured from an oncoming car, who pays for medical care?

The driver at fault is liable for harm-related costs

Texas insurance laws mandate liability coverage on all vehicles driving on public roads. Drivers need to carry insurance that can pay for medical costs and property damage losses if they are at fault for a crash. This includes costs to motorcycle riders.

Unfortunately, the liability mandates for drivers in Texas isn’t always enough. Basic coverage under the law is just $30,000 for both medical cost coverage and wage replacement. If a motorcycle rider had a passenger, the minimum bodily injury liability coverage will increase to $60,000 that both people must share.

Options when insurance isn’t enough

If liability insurance isn’t adequate to cover the costs of the collision, injured parties can consider filing a lawsuit against the at-fault party. Personal injury statutes in Texas allow people to sue if the misconduct or negligence of another person directly caused them injury and financial losses. Occasionally, there may even be a third party liable for the crash.

Speaking to a qualified personal injury attorney in your jurisdiction who can offer guidance and recourse options as they pertain to your circumstance is advised.

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by gturnercontentcustoms | Nov 19, 2023 | Car Accident Injuries

If you suffer a traumatic brain injury (TBI) in a car accident, you certainly hope that you’re going to experience healing in the days and weeks to come. You hope that as the injury improves, your symptoms will fade and life will “go back to normal.”

But this kind of transition doesn’t always happen. In many cases, a brain injury can actually get worse over time. This is why it’s so important to get prompt treatment and to consider the long-term costs that may be associated with an injury before accepting a legal settlement from an at-fault party if you have recently sustained TBI-related harm.

A secondary brain injury

Secondary injuries can sometimes occur after an initial injury. This can happen because of changes to blood vessels, changes to the chemical composition within the brain or the changes to the brain cells themselves.

Continuing symptoms

In some cases, you may see symptoms that make your overall condition worse. An example of this is inflammation, which puts pressure on the brain as it is squeezed against the inside of the skull. A similar issue can be a subdural hematoma, where bleeding continues within the brain tissues, and that bleeding leads to increased pressure.

Oxygenation issues

Without proper oxygen levels, there can be neuron damage that is irreversible, harming brain cells for life. Injuries can reduce the amount of oxygen that gets to certain parts of the brain, leading to eventual cognitive decline, and, in some cases, apoptosis – the death of brain cells.

What does this mean for you?

If you have been injured, the biggest takeaway is that there’s no guarantee that your symptoms are going to get better or that your body is naturally going to heal. Even if your condition doesn’t seem too serious immediately after a car accident, it remains important to speak with medical professionals. Procrastinating this care, or failing to go to the hospital entirely, can allow symptoms to continue to progress unchecked.

Of course, seeking out this type of emergency medical care can be quite expensive. If another driver caused the accident and was therefore responsible for your injuries – and the costs that go along with them – then you need to know what legal steps you can take to seek compensation. Seeking legal guidance is a good way to get started.

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by gturnercontentcustoms | Nov 16, 2023 | Defective Products

Gift-giving is common around the holidays. People also give gifts to their loved ones to commemorate birthdays or special events like graduation. Gift-giving can be as exciting for the person who purchased the present as it is for the party receiving the gift.

Usually, the priority is purchasing something that will excite and amuse the recipient. People either purchase something a recipient has specifically asked for or something that is very popular. Unfortunately, in recent years, some of the most popular gifts have also been among the most dangerous. Those thinking about purchasing gifts that facilitate transportation, in particular, may need to educate themselves about recalls and defective products over the last few years because of the degree of risk involved before committing to a particular gift choice for a loved one.

E-bikes, e-scooters and hoverboards are dangerous

People ranging from adults with a youthful streak to those not yet old enough for a driver’s license are often interested in electric transportation devices. Micro-mobility products allow people to travel more quickly than they could on their own feet or on a basic small vehicle powered by the human body. These may include e-bikes and e-scooters.

These devices can reach much higher speeds than self-propelled scooters and bicycles. They allow even those with limited physical fitness to travel long distances, all without handling fuel. Hoverboards are a similar option with fewer transportation uses but more demand among young adults because of how entertaining they can be.

Unfortunately, any device with wiring and batteries comes with a certain degree of risk. In recent years, there have been multiple different recalls that occurred because of e-bikes, e-scooters and hoverboards. In 2022 alone, there were at least 19 reported deaths related to fires caused by e-bikes, e-scooters and hoverboards. Another 22 people required hospitalization due to burn injuries.

Issues with the wiring or the batteries on micro-mobility products can result in serious fires. There have been at least 208 separate instances in which these devices overheat to a dangerous point or burst into flames. Often, these incidents occur during charging, not active use. There are cases going back to 2017 involving serious fires, injuries and deaths.

Gift givers may need to look into recalls carefully, especially if buying used products. Ultimately, recognizing the possible risks created by defective products can take some of the risk out of giving gifts on special occasions.

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by gturnercontentcustoms | Oct 18, 2023 | Truck Accident Injuries

Motor vehicle collisions often directly result from something that drivers have done or failed to do. For example, many crashes caused by semi-trucks occur because a truck operator maintains speeds that are too high or gets too close to other vehicles in traffic.

However, some crashes that occur are the result of decisions made by outside parties. For example, a trucking company can potentially increase crash risk or the severity of a collision through improper company operations. Both regulatory non-compliance and negligence could potentially contribute to a semi-truck collision occurring. These are some of the ways that transportation companies can potentially increase crash risk or the severity of a wreck.

Failing to install the best underride guards

Rear underride guards are a requirement for every commercial truck. Side underride guards are necessary for vehicles going into Canada. Many companies will only comply with the minimum standards established by the Federal Motor Carrier Safety Administration (FMCSA). They do not invest in the best underride guards even though there’s clear research showing that bigger and stronger guards better serve their intended purpose than cut-rate options. They may also choose not to install side underride guards at all because the FMCSA does not require them.

Bad vehicle maintenance or trailer loading practices

Some semi-truck collisions occur specifically because of issues with the vehicle. Maybe the brakes have gone out, for example. A company delaying crucial maintenance or repairs to semi-trucks could be the underlying cause of a semi-truck crash. Additionally, improperly loading a trailer or failing to tell a driver about liquid or moving contents could end up causing a situation where the driver loses control of the vehicle.

High-pressure employment policies

Truck driving is one of the better-paid blue-collar professions, but companies often put a lot of pressure on workers in return for those competitive wages. Commercial drivers may only receive optimal pay if they get every load in on time. The policy of providing incentive pay for on-time deliveries might lead to drivers speeding or continuing to drive when they should technically stop for the day. Requiring that drivers communicate with the company or its clients while on the road could lead to distractions that ultimately cause a crash.

Those who are able to connect a collision to a transportation company’s policies may have better options available when pursuing compensation. Holding the right party accountable is crucial for those seeking justice after a semi-truck collision, as making this effort can help to ensure that victims are awarded – and are able to collect – all that they’re due.

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by lainie.little@thomsonreuters.com | Oct 16, 2023 | Catastrophic Injuries

Spinal cord injuries are perhaps the most feared injuries commonly associated with crashes. Many people catastrophize the idea of losing motor function and sensation after an injury to their spinal cords. They might think of the time when they would need to initially adapt to those injuries as the most difficult time after a crash.

However, a spinal cord injury doesn’t just become manageable because someone has adjusted to their new daily life. In many cases, it will continue to create new challenges and expenses that people will have to overcome as the years pass after an initial injury. People have to understand the permanent medical consequences of a spinal cord injury to seek appropriate care and appropriately valued legal recourse.

Most people will not recover from their injuries

Sometimes, individuals with an incomplete spinal cord injury will find that their symptoms improve over time with medical intervention. They may regain more motor function and notice less sensation impairment as their bodies heal. For those with complete injuries and many with incomplete injuries, there will be lasting physical consequences.

The paralysis of a complete injury will persist for life, as will the loss of sensation. The body will also react to the injury, sometimes by causing pain sensations. People may experience a loss of control of their bowels or bladders. Those with incomplete injuries might experience muscle spasms, while anyone with a spinal cord injury could experience sexual dysfunction.

Spinal cord injuries higher on the spine increase someone’s risk of significant heart or lung problems. The body may also have more difficulty regulating internal temperature or even blood pressure because of the injury. People often need to use assistive technology to overcome physical limitations.

They may require pain management and also physical therapy. Ongoing therapy can help control certain symptoms and improve someone’s functional abilities. It can also help stave off issues with blood pressure and a loss of muscle tone. Those medical challenges often translate to hundreds of thousands of dollars in medical expenses or more. Many people will also experience changes in their earning potential. Their transportation and housing expenses may increase as well.

Ultimately, having a realistic idea of the long-term consequences of a spinal cord injury may help people pursue compensation that is appropriate given their losses. Seeking legal guidance is a good way to achieve that kind of clarity.

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by punith.s@thomsonreuters.com | Oct 2, 2023 | Catastrophic Injuries

Texas state statutes allow those harmed by the actions or negligence of another person or a business to take the matter to civil court. Personal injury lawsuits are one of the more common reasons that people find themselves in court in Texas. Slip-and-falls, drunk driving car crashes, distraction-related car crashes, wrongful deaths and product defect claims are all common types of personal injury lawsuits pursued in the Texas civil courts.

Every year, there are a huge number of lawsuits filed in Texas, and the vast majority of them settle instead of going to trial. In 2021, for example, there were roughly 6.9 million personal injury lawsuits filed in the Texas state courts, and settlements or judge dismissals ended around 6.5 million of those cases. Why do some personal injury lawsuits end up at trial while most others settle?

Unreasonable offers

Perhaps the defendant has representation provided by their insurance company, and the focus is almost exclusively on someone’s insurance policy limits. Any settlement negotiated might be far lower than what someone actually requires, forcing them to go to court to seek more than what insurance can provide. Business defendants and those expecting insurance to cover the costs of the claim may be particularly aggressive about offering low settlement offers that fail to cover someone’s expenses.

A denial of responsibility

Sometimes, cases go to trial because the defendant won’t admit that they made a mistake or broke the law. They insist they did nothing wrong and refuse to settle. The case may need to go to court for the plaintiff to have any chance of recovery.

A desire for culpability

Civil litigation isn’t always about financial compensation, even though compensation may be an important aspect of a lawsuit. The need to have the courts affirm that someone else was responsible for an incident may drive a plaintiff to reject all settlement offers. Particularly when there was wrongful conduct or gross negligence involved, the plaintiff bringing the case may desire closure and a court ruling declaring the other party at fault as much as they want financial compensation. Family members pursuing wrongful death lawsuits, for example, are often eager to go to trial to expose the wrongdoings of the party that caused their tragic loss.

Preparing for trial even as one is negotiating for a settlement is often the most realistic strategy for those seeking appropriate compensation and closure through a lawsuit in Texas. Seeking legal guidance can help to ensure that both options are viable.

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by punith.s@thomsonreuters.com | Sep 10, 2023 | Car Accident Injuries

When you compare teen drivers to other drivers in the United States, a few glaring facts stand out. One of them is that these drivers suffer a disproportionately high fatal accident rate. The Centers for Disease Control and Prevention (CDC) claims that this rate is three times higher than the one they have determined is suffered by older drivers.

It’s clear that teens are causing fatal accidents more often than anyone else. But why is this? There are many different factors that play into this reality, even though every accident is unique. The following are a few common factors that lead to fatal accidents caused by teen motorists.

Brand new drivers

When it comes to driving, a lack of experience is very problematic. Statistics show that 16-year-olds have a crash rate that is one and a half times higher than 18-year-olds. Even a few months of experience can make someone a much safer driver. By the time that young motorists are in their 20s, the crash rate falls significantly because they have years of experience under their belts.

Driving with passengers

It is often best for teenagers to drive on their own. This allows them to focus on the road and helps to eliminate some distractions. It also helps to reduce peer pressure, as teens will sometimes do things – such as racing another vehicle on the interstate – to impress their friends. Teenagers who have other young adults or teens in the car with them crash more often than those who do not.

Distracted driving

It is not only teens who are distracted behind the wheel, but it is a reality that disproportionately impacts this age group. As noted above, some get distracted by passengers. But many of them also get distracted by smartphones in an era when connecting with their peers electronically is very important. Furthermore, teens may get distracted by things they have to do in the car, such as changing the radio station, adjusting the mirrors or using the GPS. Any level of distraction is problematic, especially for an inexperienced driver.

Teens aren’t likely to stop causing injurious or fatal crashes any time soon, unfortunately. Therefore, if you or a loved one is affected by a crash caused by an inexperienced driver, just remember that you have rights and that you can seek legal guidance for greater clarity at any time.

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by gturnercontentcustoms | Aug 22, 2023 | Car Accident Injuries

Car crashes may only last a few seconds, but they can result in lasting consequences for the people involved. Those hurt in a collision often need to seek compensation. Every motorist in Texas is subject to legal requirements necessitating liability insurance. People may also incur personal financial responsibility if they cause a crash and do not have sufficient insurance to compensate the people affected by the wreck.

Those in Texas trying to handle the practical consequences of a recent collision may struggle to assert their rights, in part because they may not understand their options or how much the crash will cost them. Recognizing what expenses are recoverable after a crash can help people determine the right step to take after a collision in Texas.

What can people hope to recoup after a crash?

In general, Texas state statutes allow those impacted by the poor choices, illegal activity or negligence of others to take legal action. If there isn’t available insurance or if someone’s total losses exceed the available coverage, then a personal injury or wrongful death lawsuit could be an option.

Property damage expenses are usually eligible for compensation after a crash. The cost to repair a vehicle or buy a new one can contribute tens of thousands of dollars to the overall financial impact of a crash. Additionally, if someone gets hurt, they may have medical expenses. Existing medical bills and estimated future treatment costs can contribute to the total value of a car crash claim.

Those with significant injuries may also have lost wages. They may be unable to work until they recover from their injuries. That might mean multiple weeks or even several months before they get back to work. People can claim the income they did not earn because of their injuries.

They can also claim any lost earning potential created by permanent injuries. If someone has a brain or spinal cord injury, they may never be able to work in the same profession again and will have to adjust to a far lower level of personal income. The difference between their prior wages and their current wages can also be a loss that they seek to recover from the party responsible for the collision. Finally, it is possible to seek non-economic damages, like compensation for pain and suffering.

Those who take the time to really evaluate how a collision will affect their finances and their lives will be able to put together a more comprehensive estimate. They will also, therefore, have an easier time asking for appropriate compensation and seeking it with the assistance of an experienced legal professional.

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