Dilley Law FirmDilley Law Firm2024-03-27T00:41:42Zhttps://www.dilleylawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1503347/2023/01/cropped-dilley-site-icon2-32x32.pngOn Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874921242024-03-27T00:41:42Z2024-03-27T00:41:42ZSemi-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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920602024-02-21T15:12:46Z2024-02-21T15:12:46Zphobic 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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920512024-01-24T13:01:22Z2024-01-24T13:01:22ZConsidering 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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920502024-01-18T01:51:46Z2024-01-18T01:51:46ZThe 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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920492023-12-22T15:14:24Z2023-12-22T15:14:24ZThe 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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920472023-12-15T18:00:22Z2023-12-15T04:20:18ZThe 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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920432023-11-19T13:45:42Z2023-11-19T13:45:42Zcan 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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920422023-11-16T23:15:31Z2023-11-16T23:15:31ZE-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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920392023-10-18T17:22:51Z2023-10-18T17:22:51ZFailing 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.]]>On Behalf of Dilley Law Firmhttps://www.dilleylawfirm.com/?p=9874920382023-11-07T15:38:49Z2023-10-16T23:05:11ZMost 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.]]>