What Are the Top Causes of Car Accidents Here in Texas?

What Are the Top Causes of Car Accidents Here in Texas?

by internationalCar AccidentsPosted on Comments are Disabled

Driving under the influence, distracted driving, and speeding are the leading causes of serious car accident injuries in Texas.

Hundreds of thousands of Texas residents are affected by car crashes and other motor vehicle accidents every year. According to the Texas Department of Transportation, in 2015, there was a crash somewhere in Texas once every 61 seconds. Unfortunately, crash data from localities shows that many of these accidents could be caused by dangerous or completely unneeded driver behavior.

Driving Under the Influence

Drunk driving has been a leading cause of severe injuries in Texas for years. According to the Foundation for Advancing Alcohol Responsibility (1,446 people died in alcohol-related accidents in 2014). These deaths accounted for more than 40% of traffic fatalities in the state. This is significantly higher than the national drunk driving fatalities rate to overall deaths of 30.3 percent in 2014.

Mothers Against Drunk Driving reports that Texas passed a 2015 law that required all DUI offenders to have ignition interlock devices. This law may reduce recidivism and possibly even prevent accidents. However, this may not be enough to address the danger posed by habitual drunk drivers and first-time offenders who have never been arrested.

Unsafe or Illegal Travel Speeds

In Texas, speeding is a significant factor in serious accidents. According to the TDOT, over 17,000 fatalities in Texas were caused by drivers who drove at unsafe speeds or violated speed limits. These crashes led to 398 deaths and more than 3,300 injuries. Drivers who could not control their speed to avoid collisions were also involved in more than 30,000 additional crashes that resulted in more than 3,000 injuries and 160 deaths.

Although speeding is not the most common cause of accidents in Texas, it can contribute to severe injuries and deaths. According to the Insurance Institute for Highway Safety, drivers are less likely to react to dangers and have less control over their vehicles if they travel at higher speeds. High-speed crashes also release more incredible energy, leading to structural damage, vehicle injuries, and severe consequences.

Driver Distraction

According to data from DOT, distracted driving was a factor in over 105,000 Texas car accidents that occurred in 2015. More than 2,500 distracted driving accidents resulted in incapacitating injuries. At least 10,000 others resulted from milder injuries. Tragically, 422 people lost their lives in these accidents.

According to KXAN News, driver distraction is now a factor in approximately one in five Texas accidents. Unfortunately, several years of unsuccessful attempts to ban cellphone use while driving have led to the extinction of a state-wide ban. Although some cities have implemented local bans, these have not proven to reduce distracted driving accidents.

Reckless Drivers Held Accountable

These common accidents can lead to many Texas residents being unsafe and negligent drivers this year. If the victim of an accident can prove the fault of another driver, they may be eligible for compensation. A League City personal injury attorney can provide additional information to help victims understand the consequences of an accident.

How to Prove Negligence in a Slip and Fall Case in Texas

How to Prove Negligence in a Slip and Fall Case in Texas

by internationalSlip and Fall AccidentsPosted on Comments are Disabled

You may be eligible for financial compensation if you are injured in a Seabrook Texas slip-and-fall accident. You or your attorney must prove negligence before you can receive compensation for medical bills and other losses. This legal requirement requires evidence to prove that the defendant caused or contributed to your accident.

What is Negligence?

Neglect is a failure to exercise a reasonable or average amount of care in personal injury law. In a premises liability case, negligence could be the intentional disregard of a property defect or hazard. Negligence can be described as four elements.

  • Duty of care or the obligation to act with carefulness and prudence.
  • Violation of the duty to care.
  • There is a causal link between the plaintiff’s injury and the defendant’s breach.
  • Compensation for the plaintiff’s losses.

A reasonable and prudent party would not have done the same thing in the same circumstances. This is considered negligence. Negligence can cause injury to another person. The negligent party can be financially responsible or liable for the losses.

Example of Negligence in a Slip and Fall Case

Many different types of negligence can cause Texas. You may be held responsible if the property owner knew about the defect or risk that led to your accident but did not remedy it. The negligence of property owners can cause slips and falls.

  • Employees in stores ignore slip-and-fall hazards
  • Failure to adhere to a cleaning and mopping schedule.
  • Failure to post the “Warning: Wet Floor Sign” when it is necessary.
  • Avoid dangerous weather like rain and snow.
  • Allowing a staircase to fall into disrepair.
  • Do not ignore the need to fix an uneven curb or surface.
  • Use lighting that is too dim.
  • Failure to provide proper footwear for nursing home residents
  • Failure to maintain your property correctly.

You are the plaintiff or the filing party in a Texas slip and fall case. You or your attorney must prove that the defendant was negligent and that your accident resulted from this. Clear and convincing evidence must be presented to prove negligence or fault.

Evidence in a Slip and Fall case

Any records, information, or data that can be used to support your claim can be considered evidence. This is known as the preponderance or burden of proof in slip and fall cases. These steps will help you gather evidence that supports your claim as an injured victim of an accident in Texas.

  1. Talk to eyewitnesses immediately after your slip-and-fall accident and report it to a supervisor or staff member.
  2. Photograph the scene of an accident while you are still there, paying attention to the slippery surface, hazard, or puddle that caused it.
  3. Request a copy of any surveillance camera that may have captured your fall on tape.
  4. Request copies of your medical records after being admitted to the hospital for emergency medical care.
  5. To gather additional evidence such as maintenance logs, work with a slip-and-fall accident lawyer.

An attorney is the best way to prove negligence when involved in a slip-and-fall case in Seabrook, Texas. An attorney can help you understand your case and how to negotiate with insurance companies to maximize financial compensation. While your lawyer works to prove your case, you can focus on your healing and relaxation. Contact a Seabrook personal injury attorney today if you have been hurt in a slip-and-fall accident.

Texas Slip-and-Fall Cases: How Long Does It Take?

Texas Slip-and-Fall Cases: How Long Does It Take?

by internationalSlip and Fall AccidentsPosted on Comments are Disabled

It takes two years to resolve a personal injury case where you have been injured when you slip and fall due to the property owner’s negligence. Complex cases may take many years to resolve.

It is important to remember that every case is different. It may prove not easy to establish a time frame for the case.

The length of the case will depend on many factors, such as the date you filed the claim, the response from the insurance company, and whether or not the case must be resolved in court.

Factors that Determine the Time It Takes to Clear Slip and Fall Cases

Slip and fall claims can be challenging to resolve depending on the facts of the accident and the parties involved.

The following factors can be used to determine the severity of a case:

Claim Filed

In some cases, you may be able to sustain severe injuries that require hospitalization, emergency care, and continued physical therapy. It is possible to delay filing a claim until you have received all necessary medical treatment.

Even if you think you aren’t hurt, it’s a good idea for you to seek medical attention immediately if you slip on another person’s property.

The Insurance Company’s Response To Your Claim

After you have filed a claim with your insurance company, they will review the case and determine what next steps to take. There are two options available to the insurance company:

  1. An insurance adjuster will propose a settlement. Accept or decline the offer.
  2. The insurance adjuster may deny your claim. You can take your case to court.

It can take several months to negotiate with the insurance company. Your slip and fall attorney in Pasadena, Texas, can gather evidence during this time.

  • Police reports
  • Eyewitness accounts
  • Documents, such as medical records, diagnosis reports, and bills can be used to verify the authenticity of receipts.
  • Video or photo surveillance of the accident

Your attorney will complete all paperwork and submit them to the insurance company.

Lawsuit and Litigation in a Slip-and-Fall Injury

You can file a lawsuit against the insurance company if they refuse to pay your claim. Your attorney may represent you during litigation.

These are the steps involved in civil litigation:

  • The court serves a notice of intent to sue on the defendant. It can take several months to serve the papers.
  • The defendant has ample time to respond. You may be able to negotiate with the defendant before trial, or you can challenge your claim in court.
  • Both sides have lawyers who enter discovery periods to gather evidence and testimony from potential witnesses.
  • If the matter is not resolved, the court will schedule a trial.

After you file a lawsuit in Texas, it can take some time before a civil trial begins. The complexity of the case and the speed at which the court processes the case will determine how long it takes to resolve your claim. The trial period can last from one day to one month.

Four Factors that Can Cause a Slip-and-Fall Injury Case

Texas can delay cases involving slip-and-fall injuries by four factors.

  1. Establishing Facts: You and the defendant may disagree about the facts of your case. This could include fault and liability, how and when the accident happened, and if you were partially responsible for it.
  2. You may be seeking damages for medical expenses, lost wages, or pain and suffering. It may take longer to resolve a case if you seek extensive damages.
  3. Still Receiving Treatment The court may delay proceedings until you have received treatment.
  4. You have missed the Statute of Limitations. According to Title 2 SS 16.033, the Texas Civil Practice and Remedies Code Title 2 SS 16.033, two years are allowed for you to file a claim. You may still be eligible to file a claim even if you have missed the Texas statute of limitations. This depends on certain factors. Your case might take longer to resolve.

 Find a Texas Slip and Fall Injury Lawyer. 

If you’ve been hurt in a slip-and-fall accident in Pasadena, Texas, contact a Pasadena TX personal injury attorney. We will review your case and discuss your legal options.

What to Do After a Texas Slip and Fall Injury

What to Do After a Texas Slip and Fall Injury

by internationalSlip and Fall AccidentsPosted on Comments are Disabled

Many people consider death and taxes the only certainty in life. However, accidents are a fact of life. Unfortunately, these accidents can often result in injuries. However, many accidents can be prevented, even those involving slip-and-fall incidents. You may consider taking legal action if you have been injured in a slip-and-fall in Webster, Texas, accident on someone else’s Texas property. If you’re one of those who are reluctant to take legal action, it might be worth considering what you could lose if your actions are not taken.

Do not Take on the Responsibility

You can choose to deal with your injury on your own. This could lead to dire consequences for your family and you.

  • Your injuries will require medical treatment.
  • Any income you lose due to your absence from work will be lost.
  • If you require physical rehabilitation, you will be responsible for paying.
  • In the event of a severe injury that renders you permanently disabled or unable to work, you will have to make up for your income loss.
  • You have lost your right to claim redress from the property owner’s negligence.

The National Floor Safety Institute estimates that approximately 1 million Americans visit the emergency room each year because of injuries from slip-and-fall accidents. In 2002, the Bureau of Labor calculated that over a fifth of slip and fall injuries resulted in an injury that required accident victims to be absent from work for at most 31 days. Many workers cannot afford to lose a month’s income to avoid litigation.

Take a look at your options

Texas has a two-year statute of limitations on most civil actions arising from slip-and-fall accidents. You only have two years to file a lawsuit to receive compensation for any personal injuries. This includes your actual financial damages and any damage to your personal property. Although it may seem like a lot to think about, there are essential things you should keep in mind when deciding whether to pursue legal action.

  • It is vital to act quickly. It is best to seek medical attention as soon as possible after an accident. You may be eligible for compensation if an injury is found and the injury was caused by your fall.
  • You risk that your injury is exacerbated by factors other than the accident. This could be a defense for your claim. This could also make the jury wonder why you didn’t act sooner after discovering the injury.
  • Any case involving damages will be decided based on how you were treated. To ensure you are compensated, legal representation may be necessary.

Your First Steps

It is essential to consult an attorney after an accident. A lawyer can review the accident’s circumstances and help determine if the property owner is at fault. This finding will require certain elements. These elements include the owner’s duty of safety, failure to do so, evidence of injury, and actual damages that can be awarded.

These elements should be present, so you can pursue the compensation you are due. However, you must remember that you have to do certain things if you want to maximize your chances of obtaining monetary compensation for your injuries. These actions must be taken immediately following your fall.

  • If possible, report the accident to the property owner or manager. You should ensure that you properly document the fall and request a copy.
  • Please keep track of details like the date and the time of the fall and who witnessed it. Contact them.
  • Seek medical attention. This is not only important for your general wellbeing, but it is crucial to establish the cause and effect between the injury and fall.
  • Talk to an attorney. An attorney will tell you not to speak with insurance companies and to resist the urge to make comments on your accident or medical condition on social media. That advice is essential.

You may be wondering if recent changes to the law have affected your chances of receiving compensation, given the importance that has been placed on tort reform. You can rest assured that injury damage caps in the state only apply to medical malpractice cases. Slip and fall injuries do not have such caps, so don’t let those worries stop you from seeking the proper compensation. You might be able to claim compensation under Texas’ modified comparative fault rules even if the fall was partially your fault. However, a jury must find you responsible for less than half of the accident.

You will ultimately decide whether to seek compensation through the courts. You should make that decision with full knowledge of the potential consequences if you decide to pay for the financial costs of your injury. Consider consulting an experienced Webster personal injury lawyer before you make this decision. This will allow you to explore your options thoroughly.

Texas: Fatal Car Accidents and Wrongful Death Claims

Texas: Fatal Car Accidents and Wrongful Death Claims

by internationalCar AccidentsPosted on Comments are Disabled

Learn about the legal options available to the family of a deceased loved one who was killed in a car accident.

What happens if someone is killed in a car accident? Texas’s wrongful death lawsuit gives the right to the deceased’s family to seek compensation.

When a family member is killed in a car accident, one of the first questions they ask is:

What could have possibly caused this?

If you answer this question with negligence or another wrongful act of another driver, then the concept is called wrongful death.

This article will examine fatal car accidents and wrongful deaths claims in Texas.

Fatal car accident statistics

According to the Texas Department of Transportation, in 2017, the fatality rate for Texas roads was 1.36 deaths per 100,000,000 vehicle miles.

Although it may not seem like much, this is one person per 2 hours and 21 seconds.

One person dies in a Texas car accident every 21 minutes.

Texas is the state with the highest number of fatal car accidents. These are just a few of the other alarming statistics about deadly car accidents:

  • Texas roads were not without death in 2017.
  • 40% of those who died in car accidents were not wearing their seatbelts when the accident occurred.
  • 28% of those killed in car accidents were involved in crashes where the driver was impaired by alcohol.
  • 761 people died in car accidents that occurred at intersections
  • 449 people died in accidents involving distracted driving

Car accidents that result in death

The number of car accidents has been steadily increasing in recent years. However, the percentage of fatalities has fallen slightly. This is due to improved safety technology in cars, such as airbag placement, frame construction, and crumple zones.

But fatal car crashes remain a frequent occurrence. The downward trend does not mean much to the loved ones of those involved in car accidents.

These are the most common causes of fatal car accidents in Texas:

  • Driving under the influence
  • Reckless driving
  • Road defects
  • Distracted driving
  • Vehicle defects
  • Dangerous weather conditions

What is a wrongful-death case?

A person can file a personal injury lawsuit to seek damages if another person’s negligence injures them.

What happens if the person is dead due to a negligent, wrongful act?

Here is where a wrongful-death claim comes in. Texas allows family members to step in the deceased’s shoes and sue them for damages.

Texas allows anyone to file a wrongful death claim.

The only persons who can file a wrongful death action under the Texas wrongful-death statute are:

  • Spouse of the deceased
  • Children of the dead (including legally adopted children).
  • Parents of the deceased (adoptive parents included)

The deceased’s grandparents and siblings can file a wrongful death claim in Texas. All eligible family members can file cases either individually or collectively.

If the individuals eligible to bring a case for wrongful deaths have not filed the action within three months of the death, the executor of the deceased (the person appointed by the will of the deceased) can file and prosecute an action unless the persons allowed to file a wrongful-death action request that the executor ceases filing a claim.

What evidence must be presented?

A surviving family member can file a wrongful death claim to replace the deceased. The family member must prove the deceased’s liability in the same manner as the deceased if the accident happened.

If the victim were killed by a person running red lights, the surviving relatives would need to prove negligence.

What damages are possible under a wrongful-death claim?

Although no amount of money can replace the grief and pain caused by a fatal car crash, filing a wrongful death claim can help ensure that your loved ones are financially supported so you can grieve and heal.

Texas’s wrongful death damages are meant to reimburse the victim’s loved ones for any financial loss they suffered due to the death of the victim.

In the event of a fatal car crash, families and individuals may be entitled to compensation for the following damages:

  • Funeral/burial costs
  • Past treatment costs – Medical expenses
  • Future earnings and income projections could be lost
  • Loss of companionship/consortium (spouse)
  • Loss of love, care (children/dependent).
  • The two most painful things in life are suffering and pain.

In wrongful death cases, Texas law allows for exemplary damages, also known as punitive damages. Exemplary damages can only be awarded if the wrongful death was caused by an intentional act, omission, or gross negligence. Exemplary damages are not intended to compensate the victim’s family but to punish the offender.

Notably, the damages in a wrongful death action are not subject to the deceased’s debts. The debtors can’t collect money that you recover in a lawsuit for wrongful death if the deceased was in debt.

In a wrongful-death lawsuit, how are damages split among relatives?

In Texas, in wrongful death cases, damages are awarded to victims. They’re then divided between the survivors in proportion to the injuries they sustained. The judge or jury will usually decide these proportions after hearing extensive testimonies from surviving relatives and other witnesses.

Texas Statute of Limitations in Wrongful Death Cases

Texas law requires that all wrongful-death lawsuits be filed within two years after the victim’s death unless an exception is made. It would help if you did not rely on any rare exceptions. Instead, seek out an experienced wrongful death lawyer as soon as possible to determine when and if you should file your claim.

Is a survival claim equivalent to a wrongful-death claim?

A survival claim is distinct from a wrongful-death claim. A survival claim is one that was made while the deceased was alive.

If the deceased died not immediately, a survival action might be appropriate. In this situation, the deceased’s estate would be entitled to pain and suffering damages based on the suffering they suffered before their death.

Do not waste time meeting with an experienced La Porte personal injury attorney if your loved one was killed in a car crash in La Porte.Texas: Fatal Car Accidents and Wrongful Death Claims

Is Texas Seeing an Increase in Fatal Car Accidents Involving Large Trucks?

Is Texas Seeing an Increase in Fatal Car Accidents Involving Large Trucks?

by internationalCar AccidentsPosted on Comments are Disabled

Texas roads are becoming more dangerous by the day. Since 1991, at least one Texas motorist has been killed in a car accident. In 2021, approximately 11 people died on Texas’ highways.

A large truck with a commercial driver is the most dangerous on the roads. Texas has seen a rise in fatal accidents involving commercial trucks since 2019 when nearly 19% of them were involved. This trend will continue in 2021.

Even though truck crashes are increasing across the country, Texas has been the fatal state since 2017. Safety experts in traffic safety are frustrated and looking for solutions.

Statistics show an alarming rise in significant truck fatalities

Texas has seen a steady increase in traffic deaths, primarily preventable, for over two decades. These statistics are from 2020.

  • In 2020, almost 14,000 people were seriously hurt on the roads despite a 10% drop in mileage from 2019.
  • Twenty-two traffic accident deaths, marked two days.
  • Every two hours, one person is killed.
  • The Texas death toll was the highest since 1984, reaching a record high of 67.

There were more deaths because fewer people were driving during the pandemic. They rose 18% nationally in the first half of 2020, despite a decrease of 17% in miles. One study also found that speeding deaths are more common on empty roads.

Texas’s three most dangerous interstates are also located through it. In 2019, 9.89 deaths occurred on I-40, which was heavily congested. Nearly 200 deaths on I-35 in 2019 were mainly in Texas, as the highway runs through San Antonio, Austin, and Dallas. I-20 saw 13.52 deaths per 100 miles. This is partly due to its connection with major metropolitan areas such as Dallas and Atlanta.

Why Are There So Many Truck Accidents?

Is the sudden rise in truck-related accidents related to the pandemic? It is, however, not the only reason for the increase in truck accidents.

Fewer traffic equals fewer fatalities during the lockdowns. However, all the empty roads encouraged reckless driving, including alcohol and drug use, distracted driving, and even speeding up from years past. Texas legislators have failed to reduce the speed limit.

Texas is facing unique challenges that contribute to the large truck accident epidemic. Despite traffic levels in Texas returning to pre-pandemic levels now, reckless driving seems more prevalent than ever.

Lance Simmons, director of engineering and safety operations at TxDOT, said more anger on the roads. The state Department. The State Dept.

Another factor is the rapid growth of major Texas cities. Increased traffic means increased construction, more accidents, and more people.

As of last autumn, the Texas trucking industry is facing a shortage of around 80,000 drivers. Some companies offer incentives to drivers to work longer hours and take fewer breaks to make up the difference. Some companies are even hiring inexperienced drivers.

TxDOT officials meet regularly to discuss solutions, such as better rest stops or public awareness campaigns. The Biden administration unveiled a new “Trucking Action Plan” earlier this month to help strengthen the industry. However, significant truck accidents will continue to increase until these plans are implemented.

Staying Safe Around Large Trucks

Although large trucks can be dangerous, there are many ways to protect yourself and others on the road.

Commercial rigs are very maneuverable and require a lot more space to stop. These safety rules will help you avoid disaster.

Blind spots: Large trucks are blind on all four sides. You can’t see the driver’s side mirror if you don’t have his. To avoid being in a blind spot:

  1. Change lanes or slow down.
  2. Do not pass downgrades or in the right lane.
  3. Never cut off a large rig or tailgate.

A big truck could cause your car to slide under it.

Wide turns It is normal for a truck to swing wide or turn from the right or middle lane.

Be patient: It can be frustrating to get stuck behind large trucks, especially if they are moving slowly. Avoid aggressive driving, honking, and other road-rage behavior.

Keep your eyes on the road. Always pull over if you feel tired or distracted. Regular breaks are essential to ensure your mind is not distracted on the road.

Don’t drive while impaired or without your seatbelt. You can avoid the most tragic accidents by using common sense.

Do Truck Accident Lawyers Need to Be Licensed?

Although it is always beneficial to avoid calling the police or seeking legal assistance after an accident, this is not possible with large trucks. They can do more damage than other cars, both financially and physically.

If you want to receive compensation for an accident, there are many situations in which you will need the services of an experienced personal injury lawyer.

Your insurance company may use a previous injury against you. They will claim that you were more likely to sustain an injury after the accident. Texas law allows you to be still compensated for a previous injury.

Although insurance companies may claim they are on your side, in reality, they will offer you the lowest settlement possible. They may deny your claim. A Texas truck accident lawyer is well-equipped to fight against insurance companies.

Even if the accident involved a large truck or a car, it’s not always easy to determine who is responsible. Insurance companies will send an adjuster to investigate if the police can’t find the cause at the scene. A Deer Park injury lawyer can help you if they determine you are at fault.

It is enough to cause an accident with a large truck. You might need to be taken off work or hospitalized because of your injuries. You might experience emotional or mental trauma. There will be many things you need to do quickly, such as getting a car or negotiating with insurance. A competent lawyer can help you save hours and reduce stress.