Personal Injury In Texas
No one wants to be injured in an accident. However, as the old saying goes “stuff happens”. There are many different ways that accidents occur. We will discuss a few of these here today, to demonstrate how they are handled differently from a legal prospective.
Auto Accident:
When most people think of an attorney handling an accident claim, they generally think of an auto accident. When an auto accident occurs, the first legal hurdle is which party is at fault. This determines which party is responsible for causing the accident. If you were rear-ended while stopped at an intersection, it is pretty clear that the other party was at fault. But, we see that after many accidents the people involved will blame each other.
After liability has been determined, we need to get your damages covered. Damages include your property damage, medical expenses, lost income, permanent impairments and other damages. Your attorney will help you discover the different insurance claims that are available to compensate you for your damages.
Commercial Truck Accident:
You may ask what is the difference between being in an accident with a commercial vehicle and a normal vehicle. It is like the difference of being tackled by your ten year old nephew or Dallas Cowboy middle line backer Sean Lee. Most commercial vehicles are bigger and heavier than normal vehicles on the road. When the accident occurs, they do more damage to your vehicle and more importantly, YOU.
As a result, commercial vehicles carry more insurance. This means there are resources to cover greater levels of care when necessary. Additionally, if your claim goes to trial, the insurance company knows that jurors are more inclined to give an award of money against a business then an individual.
18 Wheeler Accident:
Like other commercial traffic accidents, 18 wheeler accidents generally lead to serious injuries or even death. As a result, 18 wheel drivers must maintain logs as to their driving and maintenance on their tractors.
When dealing with the effects of an 18 wheeler accident, not only do we need to look at all the evidence that they need to provide us, there are additional insurance policies they carry for the increased likelihood of serious damages. We need to set up a plan to establish your damages and to show how your life is affected as a result of the accident.
Premise Liability Claims:
Premise liability is a legal term for injuries that on someone’s property. To establish a premise liability claim, you must establish that the property owner’s negligence caused your injuries. You will generally, also need to prove that the owner knew or should have known of the unsafe condition and failed to remedy the unsafe situation.
Slip and Falls:
Slip and fall injuries are some of the most common premise liability claims. Our bodies sub-consciously brace for impact as we see something about to hit us. But, in a slip and fall, we lose control as our feet come out from underneath us and at times suffer serious injuries, including head injuries.
As discussed earlier, we must show that the property owner knew or should have known about the dangerous condition and failed to fix that condition prior to the accident. This knowledge is one of the biggest hurdles in establishing a slip and fall claim.
Dog Bites:
Dog Bites are another type of premise liability claim. Dog owners have a legal responsibility if their dog injures another person or damages their property. If you’ve been bitten, you must show that the owner was negligent or that the dog was known to be a dangerous dog.
In Texas different cities and counties have their own laws as to when a dog must be on a leash and when they can roam with out one. However, since 2007, Texas enacted Lillian’s Law which can place criminal penalties on the dog owner in addition to their civil liability for any damages.