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san antonio car crash injury lawyerGetting into a serious car accident can be a terrifying experience. In addition to having to manage complex logistical issues, such as how to get your car towed and repaired, you may be suffering from serious injuries which require extensive treatment and physical therapy. You may be unable to work for an extended period of time and find yourself struggling to pay your bills. 

If you are in this situation, know that you do not have to face it alone. An experienced, compassionate Texas car accident injury lawyer can help you pursue compensation from the party responsible for causing your injuries and handle the bureaucratic aspects of a lawsuit so you can focus on resting and recovering. One important task an experienced lawyer can help with is securing the crash report.

Gathering Evidence For a Lawsuit

Even if the person who caused the accident is clearly at fault, you will still need to prove this before you can recover compensation for your injuries. The longer you wait to take action after a car crash, the harder it may be to start collecting evidence of what happened. Some of the most important pieces of evidence will include: 

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san antonio fatal truck wreck lawyerWhile large delivery trucks, construction supply trucks, and 18-wheeler big rigs are essential for helping our economies and communities get things done, these large vehicles carry objects that can cause life-changing injuries and fatalities when they fall off the truck into the road. One of the most common causes of truck accidents in Texas is shifting loads that cause a truck to lose balance, roll over, jackknife, or spill its content into the road. Cars driving next to and behind a truck can be crushed by falling objects, may run into the objects on the road, or may swerve to avoid falling objects and run into other cars and stationary objects on the side of the road. 

Strict federal and state guidelines proscribe the way that cargo must be loaded onto a truck to prevent load shifting. Every agent in the chain of transporting cargo is responsible for ensuring cargo guidelines are met - the loading company, the truck transportation company, and the driver are all essential for preventing load-shifting accidents. Unfortunately, all it takes is just one person having a bad day to overlook a potentially dangerous load, leading to disastrous consequences. 

How Do Trucking Injuries Cause Fatalities in Texas? 

Human bodies are fragile and can easily suffer fatal injuries in trucking accidents, even with significant advancements in vehicle safety technologies. Because trucks are so much larger than cars, colliding with a truck or its heavy, fast-moving contents simply leaves passengers in smaller vehicles with very little chance of surviving the serious injuries they sustain. Common truck accident injuries are categorized as either an impact injury or penetrating injury, and these include, but are not limited to: 

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austin personal injury lawyerIt is highly inadvisable for anyone to drive any vehicle while exhausted. Being sleepy can impair a driver’s ability to safely operate a vehicle as much as being drunk can. Recognizing the dangers of drowsy driving, the Federal Motor Carrier Safety Administration set out a series of strict rules called Hours of Service regulations that are designed to prevent commercial truck drivers from driving after long periods of being awake. People - even professional commercial truck drivers - can only drive for so long before they begin to experience “highway hypnosis” and extreme fatigue that can lead to a crash in the blink of an eye. If you have been hit by a semi-truck and need compensation, one of the first things our attorneys will look for is whether there may have been an Hours of Service violation. 

What You Need to Know About Truck Driver Fatigue

Truck drivers must be alert and aware while operating an enormous vehicle that can inflict severe harm on others in the event of a crash. Fatigued driving is negligent driving. If a truck driver’s negligent driving causes a crash in which someone else is injured or killed, the driver or the trucking company may be liable for damages.  

Some facts you should know include:

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san antonio wrongful death lawyerLosing a loved one can be devastating under any circumstances. It is even more upsetting when someone’s negligent or purposeful actions cause a loved one’s death. 

If you lost a family member, you may be able to file a wrongful death lawsuit against the party who caused the death. While no amount of money can replace your deceased loved one, filing a wrongful death suit can force the liable party to compensate you for a wide variety of losses, ranging from the decedent’s lost income to your emotional pain. One of our compassionate attorneys can help you decide whether pursuing a wrongful death claim will be possible or helpful for you. 

What is a Wrongful Death?

A wrongful death is one that could have been prevented had the responsible party been using an appropriate level of caution regarding your family member’s safety. Some wrongful deaths are also caused by intentional actions such as assault. Grounds for filing a wrongful death lawsuit may include: 

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Texas just experienced historic inclement weather, causing plenty of problems for nearly all of us. From rolling blackouts to boiling-water notices, Texans were forced into an unprecedented situation. Many drivers had to brave icy roads to ensure there was food on the table, water for their family, and heat to stay warm. Procuring supplies meant Texans were forced to drive when they normally would not have. As a result, car wrecks were commonplace. Was this the inevitable result of icy roads? Is getting injured in a car wreck a risk you accepted by leaving your home during a snowstorm? The answer to both questions is no.

In this type of situation, people normally think that the fault lies with the weather conditions. Insurance companies are counting on this, but that view is just plain wrong. In fact, the Texas Department of Public Safety specifically states that drivers need to adjust their speed and following distance for adverse weather conditions. Typically, you are supposed to keep a four second gap between your vehicle and the vehicle in front of you when driving faster than 30 miles per hour with good road conditions. This means that when Texas experiences historic weather and icy roads, drivers must increase that four second following distance. Failing to do so could result in a car wreck. Failing to do so is not just an accident – it is negligence. And if you, your friends, or your family were injured as a result of another driver who did not adjust their driving to the icy roads, you are entitled to compensation from that driver’s insurance company.

As Texans, we owe each other a duty to operate our vehicles safely while sharing the roadway. That duty does not stop when faced with a snowstorm. On the contrary, that duty is heightened to ensure that Texas families are safe while trying to procure food, water, and heat. In fact, Texas law specifically provides at Texas Transportation Code Section 545.351 that an operator shall drive at an appropriate reduced speed if a special hazard exists with regard to weather conditions. So, if you got rear-ended on an icy, snow-covered road, you are the victim of someone else’s negligence. It is not your fault or the weather’s fault. It is not just an accident or an act of god. No matter what the other driver’s insurance may tell you, it is negligence, plain and simple.

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Under Texas law, a person has two years from the date of death to file a wrongful death lawsuit in Texas. In the tragic event of the loss of a loved one in an accident, it can be hard to know how to move forward. Untimely deaths disrupt every aspect of the lives of surviving loved ones. When faced with an untimely accidental death, a victim’s loved ones may be able to file a wrongful death claim for damages brought on by the loss of life.

Wrongful death generally applies to any loss of life resulting from the negligent or malicious actions of another party. These claims can range from death caused by negligence such as a car accident or medical malpractice, to intentional harm such as death resulting from assault or manslaughter.

Wrongful death lawsuits usually differ from workplace death claims which are typically covered under workers’ compensation insurance policies that prohibit an employee from suing their employer for injuries or death on the job. An experienced San Antonio wrongful death attorney will be able to advise you if an exception applies that will allow the surviving family to sue the decedent’s employer for its gross negligence.

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We are pleased to announce that Attorney Willard W. Clark III, Partner at Alford & Clark, PLLC, has been selected to the 2018 Thomson Reuters Texas Super Lawyers Rising Stars list! This is an exclusive list, recognizing no more than 2.5 percent of attorneys in the state of Texas.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.The annual selections are made using a patented multiphase process that includes:

  • Peer nominations
  • Independent research by Super Lawyers
  • Evaluations from a highly credentialed panel of attorneys

Please join us in congratulating Will Clark on his selection.

And as always, if you or a loved one have been injured in an accident, call Alford & Clark now for a free, confidential consultation. Our attorneys are on call – 24/7 – and are happy to answer any questions absolutely free of charge. You can find Alford & Clark online at www.injuredtexan.com or you can speak with an injury attorney now by calling 210-951-9467 .

[Date – on or before August 31, 2017]

RE: Notice of Claim under Policy # [Policy Number]

To Whom It May Concern,

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If your loved one has been seriously injured or killed as a result of abuse at a private prison or private jail, call Alford & Clark now for a free, confidential consultation. Our attorneys are on call – 24/7 – and are happy to answer any questions absolutely free of charge. You can find Alford & Clark online at www.injuredtexan.com or you can speak with an injury attorney now by calling 210-951-9467 .

If the insurance company unfairly denies or delays payment on your claim, count on Alford & Clark PLLC to help after disaster strikes.

After witnessing extreme flooding in Louisiana, record-breaking hail in San Antonio, and the destruction caused by Hurricane Matthew, countless homeowners are asking: how do I protect my most important asset when disaster strikes?
 
While most homeowners do purchase insurance to protect their property, even if you do have a homeowners insurance policy, you are not necessarily protected against every conceivable risk.

There are two very different types of homeowners insurance policies sold in Texas:

 

  1. Named perils policies cover only the damage caused by events and occurrences specifically named in the policy.
  2. All-risk policies (comprehensive coverage) cover all causes of loss unless the policy specifically excludes them. This type of policy offers much broader coverage than the named perils policy.

Most homeowners insurance policies in Texas, regardless of whether they are named perils or all-risk, protect against the following dangers:

  • Fire/smoke
  • Lightning
  • Vandalism and theft
  • Sudden, accidental water damage (as opposed to damage resulting from rain and/or continuous and repeated seepage)

On the other hand, the following events are typically not covered:

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The trial attorneys at Alford & Clark evaluate Samsung’s exposure under Texas products liability laws.

Over this past weekend, Samsung advised all owners of its Note 7 smartphone to power down their devices and immediately exchange them. This warning comes after a flood of complaints regarding battery overheating issues that may lead to fires.

With reports of Jeep being set ablaze by a Note 7 and a six-year-old Brooklyn boy being injured when a Samsung Galaxy smartphone allegedly exploded in his hands, readers may be wondering what, if any, legal liability the electronics manufacturer may face from these apparently dangerous devices.

 

Products liability cases in Texas generally fall into three categories: (1) manufacturing defects, (2) design defects, or (3) marketing defects. Depending on the evidence, a particular case could feature any combination of these defects or even all three at the same time.

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Ridesharing services like Uber and Lyft are the fastest growing method of transportation in Texas. While these services are obviously convenient for their users, the companies behind these services must properly hire, train, and supervise drivers. Their failure to do so has produced a startling number of accidents in Texas.

As a result, the Texas legislature passed new legislation that took effect on January 1, 2016. Among many other provisions, including a section requiring drivers to disclose their cellphone use, the Texas Legislature saw fit to include a requirement that ridesharing companies carry up to one million dollars in insurance.

As with any new service and any new law, ridesharing and ridesharing laws have created a great deal of confusion in the legal community. Most Texas attorneys don’t even know what ridesharing is, let alone how to properly handle a case against Uber or Lyft. Alford & Clark PLLC, on the other hand, is at the forefront in tracking the case law as it develops.

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Driving is one of the most dangerous things you do on a daily basis. Good driving habits can help make the difference between a safe trip and a catastrophe. But do you know what bad habits you need to avoid?

The Texas Department of Transportation maintains a database of all reported motor-vehicle collisions that taking place across the state. The trial attorneys at Alford & Clark PLLC dug into the latest data to determine the Top 10 Most Dangerous Driving Habits in Texas.

 

If you’ve been in a serious accident, please visit www.injuredtexan.com to learn more about how Alford & Clark can help you recover or you can call 210-951-9467 now for a free, confidential consultation with an injury attorney.

10. Disregard Stop and Go Signal – 20,983 Crashes
Failing to obey a traffic light can easily cause a crash. Remember that a yellow light is a warning. Many drivers made a habit of running yellow lights or speeding up to try to “catch” the light. This bad driving habit causes over a hundred fatal crashes every year. Shaving a few seconds off your drive by running a yellow or blowing through a red light is not worth that risk.

9. Faulty Evasive Action – 23,945 Crashes
What is faulty evasive action? When a driver takes no evasive action at all when they should have, or when a driver takes improper evasive action by doing something like overcompensating. By staying alert, and not panicking, you can reduce your chances of a crash. Stay alert, stay calm, and stay alive.8. Failed to Yield Right of Way – Stop Sign – 25,329 Crashes
Bad driving habit #8 is the failure to wait your turn at an intersection. It occurs when a vehicle does stop for a stop sign, but then fails to yield the right of way to another vehicle in the intersection. When stopping at a stop sign, it is critical to actually take a moment to look both ways before proceeding through the intersection.7. Followed Too Closely – 25,436 Crashes
Tailgating – unless you’re at a football game – is not only dangerous, it’s illegal. Indeed, Texas law requires that drivers, maintain a sufficient stopping-distance when traveling behind another vehicle. When a vehicle is following too close to take proper evasive action, the results can be deadly: tailgating contributed to 12 fatal crashes in 2015.6. Unsafe Speed – 26,608 Crashes
Many drivers think it’s always okay to travel the speed limit. Wrong! Sometimes safe driving requires you to drop your speed BELOW the speed limit. Not doing so can be dangerous. Unsafe speed occurs when a driver fails to reduce speed while traveling (1) through an intersection or railroad crossing, (2) around a curve, (3) over a hill, (4) on a narrow or winding road, or (5) when approaching a special hazard. A total of 407 fatal crashes could have been avoided last year alone, if drivers made a habit of reducing their speed when caution demanded it.5. Failed to Yield Right of Way – Turning Left – 30,741 Crashes
It’s simple: yield to oncoming traffic. Typically, an oncoming vehicle has the right of way over a vehicle turning left. But even if you have the right of way, make a habit of yielding when trying to make a left turn. The few seconds it takes could save your life.4. Changed Lane When Unsafe – 34,157 Crashes
We have all been stuck behind a slow driver on the highway and felt the urge to pass them. However, reckless passing is one of the most common and most dangerous bad driving habits in Texas. When passing another vehicle – ESPECIALLY on a two-lane highway – make a habit of taking extra care to avoid causing a potentially deadly collision.3. Failed to Drive in Single Lane – 36,238 Crashes
This is the deadliest driving habit. When a driver fails to keep his/her vehicle within their lane of travel, the results can be catastrophic. The dangerous habit of drifting into other lanes or off the road produced 502 fatal crashes last year.2. Driver Inattention – 94,876 Crashes
Pay attention! Driver inattention can result from driving while texting, talking on the phone, putting on makeup, or even playing Pokémon Go while driving (you know who you are). The Texas Department of Transportation defines “Driver Inattention” simply, it’s when a driver’s lack of attention to the road or traffic contributes to a crash. At least 326 fatal crashes occurred last year due to inattentive driving.1. Failed to Control Speed – 136,383 Crashes
Speeding. It’s the most dangerous thing you can do behind the wheel of a car. Each year, approximately 1 in 100 Texas drivers are involved in an accident that was caused by speeding. It caused nearly 140,000 crashes last year, of which 417 were fatal. Speeding doesn’t just mean going over the posted speed limit, it means not adjusting your speed for traffic, weather, and road conditions. Don’t be a statistic, slow down and stay safe.If you have been in a motor vehicle accident, call Alford & Clark now for a free, confidential consultation. Our attorneys are on call – 24/7 – and are happy to answer any questions absolutely free of charge. You can find Alford & Clark online at www.injuredtexan.com or you can speak with an injury attorney now by calling 210-951-9467.

Recently, a trauma surgeon and crash expert teamed up to envision what features our bodies would need in order to survive low-impact car crashes. The startling results are a reminder of how fragile our bodies truly are. You can click on the photo below to interact with a 3D digital model of Graham, the only human designed to survive car crashes. Find attorneys.

Visit www.injuredtexan.com to learn more about how Alford & Clark can help you recover after a serious motor vehicle accident. Call 210-951-9467 now for a free, confidential consultation with an injury attorney.

#1 – Not calling the police
Always report car accidents to the police. Even if the accident seems relatively minor or if the other driver tries to convince you not to call the police. Even if you are unsure who, if anyone, is responsible, contact the police immediately after the accident.The reason you should call the police is not to get the other driver in trouble. Instead, it’s a necessary step to properly documenting the accident. A responding police officer will investigate the scene, interview drivers, passengers, and witnesses, and prepare a police report. The police report is often the most important piece of evidence. Memories will fade with time. The other driver, who might admit fault at the scene, will be coached by his insurance company the second time around. Not calling the police is the #1 mistake we see.

​Your typical police report is a jumble of codes and jargon. Check out the Texas Instructions to Police for Reporting Crashes to make sense of your report!

#2 – Not taking photographs
You’ve heard the phrase “a picture is worth a thousand words.” The same is true with car accidents – photographs can make or break the case. Photographs do not lie, do not change over time, and are hard to contradict. After the accident, take photographs of the scene, the vehicles, and your injuries. You should also take a photograph of the other driver’s insurance card and driver’s license.Without photographs, it might be impossible to show the jury your bruising or swelling. This makes it much more difficult to prove that your injuries were serious. If you are unable to take the photographs yourself, ask your doctors or your family to take them for you.#3 – Giving written or recorded statements
After the accident has been reported, you will be contacted by an insurance adjuster. That adjuster will be recording every word you say. That adjuster will be using tactics that are meant to diminish the value of your claim and will get paid a bonus if they work.When dealing with the insurance company, you need experienced attorneys in your corner. Let Alford & Clark deal with the insurance company. Don’t let the insurance company trick you into waiving your rights or hurting your case. Make the insurance company take you seriously.#4 – Not seeking medical attention
A car accident causes a rush of adrenaline. Most drivers are left confused and disoriented. Many drivers will simply not realize how badly they have been hurt. When the police ask if they need medical attention, many will say no. This can be a huge mistake.If you’ve been involved in a car accident, get checked out by a doctor as soon as possible.  If you need help finding or paying for a doctor, call Alford & Clark to see what we can do. Do not hesitate to seek medical treatment. Any delay may worsen your injuries and give the insurance company ammunition to minimize your claim or deny it outright.#5 – Not calling Alford & Clark PLLC immediately 
Big insurance companies are out for profit and their insurance adjusters are often paid bonuses when their department pays out less than expected. As a result, insurance adjusters will use every trick in the book to minimize your claim or to deny it outright. Without Alford & Clark, the adjusters will not show you the respect you deserve. If you try to negotiate without an attorney, the insurance company will not take you seriously and will try to get you to surrender your claim for pennies on the dollar.Alford & Clark will help you get the medical care you need, help you safeguard your rights, and help you fight to get the maximum recovery possible.​Visit www.injuredtexan.com to learn more about how Alford & Clark can help you recover after a serious motor vehicle accident. Call 210-951-9467 now for a free, confidential consultation with an injury attorney.
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