In this article, you will discover: What constitutes a wrongful death claim following a fatal truck accident in Texas. Who can bring a wrongful death claim following a fatal truck accident in Texas. Damages available to surviving family members in a wrongful death claim following a fatal truck accident in Texas. What Is A Wrongful Death Claim In Texas? A wrongful death claim or lawsuit is one brought for a person’s death caused by another's negligence, intentional acts or carelessness. While Texas has a statute that provides for wrongful death claims, it limits who can bring them. Children, a surviving spouse, parents or the estate of the deceased can bring a wrongful death claim. However, a sibling or friend cannot. What Damages Are Available To Surviving Family Members In A Texas Truck Accident Wrongful Death Case? Available damages for surviving family members in a Texas truck accident wrongful death case include: Loss of financial support to the spouse and children Household services, if the deceased undertook a considerable amount of responsibility at home Loss of…Read More
In this article, you will discover: The legal duty drivers owe to pedestrians in Texas. Whether injured pedestrians can share fault and still collect under Texas law. The most effective evidence in proving driver negligence in a Texas pedestrian accident case. What Legal Duties Do Texas Drivers Owe To Pedestrians At Crosswalks And Intersections? A driver’s duty to pedestrians is similar to the duty they owe to other drivers: to exercise care. Specifically, drivers must yield the right-of-way to pedestrians by being mindful of crosswalks, sidewalks, bike lanes, bike paths, or any other areas where pedestrians may be. For example, as a driver turns from one street to another, they must ensure there's no one crossing. That includes children or anyone the driver might have difficulty spotting. So, drivers must be more cautious around children and others. A driver's duty to pedestrians isn't more heightened than it is to other drivers. However, it's more significant because hitting a pedestrian with a car is highly likely to cause serious harm. Can Injured Pedestrians Share Fault Under…Read More
After a car accident, it’s easy to make decisions in the heat of the moment that can later cause serious problems both for your health and your legal claim. Many of the most damaging missteps happen unintentionally, often because people simply don’t know what to do next. In this article, we discuss… Common mistakes people make following a car accident. Why these missteps can hurt your case. Practical insights on how to protect yourself in the aftermath of a crash. Why Is It Risky To Skip Calling The Police After A Car Accident? The police know what basic information needs to be gathered. While I have faith that my clients are intelligent and capable of collecting information themselves, you have to consider the situation they’re in. They’ve just been in an accident, and some of these crashes are violent and traumatic. In those moments, people aren’t always thinking clearly. Having the police on scene ensures that the essential information is collected properly. People are also far less likely to lie to a police officer than…Read More
After a car accident, timing can be just as important as the facts of the crash itself. Texas law sets strict deadlines for filing claims, and missing them can seriously limit or completely eliminate your ability to recover compensation. In this article, we break down… The basics of Texas car accident claim deadlines, including when the clock starts ticking. The limited situations that may fall outside the standard rule. Why acting sooner rather than later can make a meaningful difference in the outcome of a case. What Is The Statute Of Limitations For Filing A Car Accident Claim In Texas? If you’re going to sue someone for a personal injury claim, whether it’s a slip and fall, medical malpractice, or a car accident, you have two years from the day the accident happens. There really isn’t much in the way of exceptions. There are some situations where you may have a bit more time, such as bringing a claim for uninsured motorist or underinsured motorist coverage, but that gets more into the weeds. The bottom…Read More
If you’ve been involved in a collision with a business-owned or work-related vehicle, the legal and insurance issues are far more complex than a typical car accident. In this article, we walk through key questions surrounding San Antonio commercial vehicle accidents, including… How Texas law defines commercial versus private vehicles. Who may be held responsible for your injuries. What types of compensation may be available. What Qualifies As A Commercial Vehicle Under Texas Law In A Vehicle Accident Case? Very loosely put, a commercial vehicle is a company vehicle or one that is being used for business purposes. That said, things quickly get more technical. Case in point: there are situations where factors like the weight of the vehicle, what it was hauling, and similar details become very relevant. Initially, though, when we’re deciding what kind of case this is, we look at what the vehicle was doing and why it was doing it. Was it transporting people? Was it being used for work? Did it have a company logo on it? Those are some…Read More