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Do I Have To Go to Court for My Personal Injury Claim? | TX
You have probably heard that you may be entitled to compensation if you are injured in an accident caused by someone else’s negligence, but you might not know how the process works. Whether you are involved in a car wreck, truck accident, or other type of personal injury claim, you do not necessarily have to go to court to get a payout.
When you work with the skilled lawyers from Alford & Associates, we will usually try to resolve your case through settlement negotiations before we recommend filing a civil lawsuit and taking your case to trial. Understanding the process may give you peace of mind.
Do You Have a Valid Personal Injury Claim?
Before you can think about a settlement, we must determine if you have a valid claim. After discussing your situation during your free consultation, your legal team will begin investigating your accident. We will look for evidence proving negligence to establish liability, or responsibility for causing your accident and resulting injury.
How Can Cargo Contribute to Semi-Truck Accidents?
Did you know tractor-trailers transport almost 75 percent of U.S. domestic freight? A large portion of that cargo travels through Texas, taking goods the country depends on to their destinations. While this cargo is a vital part of our nation’s supply chain, it can also contribute to causing deadly truck accidents.
How does cargo cause collisions? Who is liable for cargo-related accident claims? If you have been hurt in a truck crash because of spilled cargo, do you need a lawyer? Whatever questions you may have, Alford & Associates can help you get the compensation you deserve.
Improperly Loaded Cargo Can Contribute to Collisions
Fully loaded, an 18-wheeler can weigh 80,000 pounds, and the cargo being transported accounts for much of that weight. Properly loading a truck takes more effort than stacking boxes haphazardly in an enclosed trailer or placing items on a flatbed wherever they will fit. When cargo loaders make errors, they can lead to drivers losing control of the truck.
What Is Negligent Driving, and How Can It Affect Your Claim?
If you are injured in a motor vehicle accident, you may be able to collect compensation from the responsible party. To qualify, you must prove negligence on the responsible person’s part. This is true even if you are partly to blame for causing your collision. However, if you yourself are guilty of negligent driving, you might not be eligible for compensation.
What is considered to be negligent driving? How do you know if you qualify for compensation? How can you tell if a settlement offer is fair? These questions may be difficult to answer if you do not consult with a qualified Texas car accident lawyer from Alford & Associates.
Negligent Driving Explained
When someone gets behind the wheel of a motor vehicle (motorcycles count, too), he assumes a legal responsibility to drive safely to reduce the likelihood of causing an accident. There are several things drivers can do that are considered negligent, such as:
Is Drowsy Driving Illegal in Texas?
Drowsy driving occurs when a driver is fatigued or weary, and he or she chooses to operate a vehicle regardless of this fact. When someone drives a vehicle drowsy, their reaction times are slowed, they may fall asleep at the wheel, or they may drift into other lanes without realizing it. This causes accidents and dangerous risks for those on the road around the drowsy driver.
While drowsy driving is dangerous, it is not specifically outlawed in Texas. An experienced Texas drowsy driving accident attorney can help you understand what to do next if you have been injured in an accident with a drowsy driver.
Drowsy Driving – What Does the Law Say?
Only two states in the United States – Arkansas and New Jersey – have laws that specifically outline legal consequences for drivers who have caused an accident due to drowsy driving. In Texas, while there are no explicit laws in regard to drowsy driving, the Texas Transportation Code outlines limitations on the operation of motor vehicles.
What Is the Statute of Limitations for a Texas Car Accident Case?
Motor vehicle accidents occur every day around Texas, and acting quickly after a car accident is essential if you wish to file a claim. Waiting too long to file a claim against the driver responsible for your accident can result in your case being dismissed, leaving you without compensation for the damages the accident caused. A knowledgeable Texas car accident attorney can help you with filing your claim within the time limit set by Texas law.
What Is a Statute of Limitations?
A statute of limitations is a legal concept that refers to the time frame an individual has to file a claim after an accident, wrongful death, or injury. State legislation sets the limit on statutes of limitations for a variety of legal claims, such as personal injury and product liability claims, and the time frames of a statute of limitations are considered to be a reasonable period in which a case should be pursued in court.
Do I Need a Lawyer After a Texas Car Accident?
Car accidents can be traumatic, and many victims of car accidents feel overwhelmed when it comes to working with insurance companies and advocating for themselves. This process is made more complex when a car accident is caused by another person’s negligent or reckless behavior and results in catastrophic injuries to the victim or his or her loved ones. Hiring an experienced Texas car accident lawyer after an accident occurs is key to pursuing the compensation and justice you deserve.
Am I Required to Get a Lawyer After a Car Accident?
There is no law in Texas that states you will need to hire a lawyer after a car accident. You can navigate through the insurance process and even the process of filing a personal injury claim by yourself. However, this is not recommended, and some victims of car accidents may not even be able to achieve this due to their injuries and associated recovery time.
Can I Win a Lawsuit After a Drunk Driver Injures Me?
Drunk driving accidents are among the most dangerous and severe types of car accidents due to the recklessness of drunk drivers. This type of accident often results in severe injuries to both the drunk driver and the victims of a drunk driving accident, some of which may even suffer wrongful death.
If you have been involved in a drunk driving accident, you may be able to receive compensation to cover the costs of medical expenses and other damages. An experienced Texas drunk driving accident attorney can answer your questions about pursuing a claim.
Catastrophic Injuries From Drunk Driving Accidents
Drunk driving accidents can result in catastrophic injuries, which are injuries that have the potential to prevent a victim from working or otherwise enjoying life as he or she was previously able to. Examples of catastrophic injuries that result from drunk driving accidents include:
Distracted Driving Crashes in Texas
Driving is a very convenient way for people to get where they need to go. Whether you take your own car, a ride-share service, a taxi, or a city bus, there is no doubt that automobiles make it easier for people and things to move around. Unfortunately, even the safest car in the world has an important component that is not always predictable: the driver. Distracted driving is responsible for a significant number of car accidents every year and can lead to serious injury and even death. If you were injured in a crash caused by a distracted driver, speak with an experienced Texas car accident attorney who can fight for the maximum compensation based on the details of your case.
Three Sources of Distracted Driving
Drivers can be distracted from focusing on the road for several reasons generally stemming from one of the following three places:
Pedestrian Accidents in Texas
Traffic accidents can be traumatizing, no matter how minor they may appear. Having a car or truck colliding with you can be terrifying, and having extra costs like medical care and auto repairs to worry about is never easy. When you are walking on the sidewalk and a car crashes into you, it can be even more infuriating. The roads are made for vehicles and the sidewalks and crosswalks are there for people, so being hit by a car while you are walking where you are supposed to is inexcusable. Since cars and trucks are much more powerful than people, pedestrian accidents generally cause significant injury that might affect victims far into the future if not for the rest of their lives. If you or a loved one was hurt in a pedestrian accident, speak with a knowledgeable Bexar County, TX personal injury lawyer to understand your options.
Common Injuries from Pedestrian Accidents
Every pedestrian accident is different. The actual injuries to the victim can depend on the size of the car, the speed it was driving, whether it was turning a corner or driving straight, and other factors. However, there are some injuries that most commonly appear as a result of a pedestrian accident. These include:
Wrongful Death Claim in a Fatal Drunk Driving Accident in Texas
Car crashes caused by a drunk driver can be infuriating. With many laws prohibiting it and warnings on bottles of alcohol and around bars and liquor stores, there is awareness about the potential harm of drunk driving, and yet people still do it constantly. If a loved one is killed in a fatal drunk driving accident, your anger is joined by mourning and heartbreak. In addition to grieving, you likely have medical bills, funeral costs, and other expenses associated with the accident that claimed your family member’s life. If this has happened to you, a compassionate San Antonio, TX wrongful death attorney can handle your case with care and sensitivity to get you the compensation your family deserves.
What Does Wrongful Death Mean in Texas?
The state of Texas understands wrongful death to mean death caused by someone else’s “wrongful act, neglect, carelessness, unskillfulness, or default.” In the case of a fatal drunk driving accident, your lawyer could argue that the driver carried out a wrongful act by driving drunk, which is illegal, and showed a great deal of carelessness.