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TX bike accident lawyerIn addition to allowing someone to enjoy the warm weather Texas offers nearly all year round, riding a bicycle instead of driving a car goes a long way toward reducing a cyclist’s carbon footprint and protecting the environment. Additionally, people who cycle to work, school, or other obligations tend to be in better physical and emotional health.

Unfortunately, riding a bike instead of driving is not without its risks. Careless drivers often do not check for cyclists in the road and cut off cyclists, open their doors into a cyclist’s path, or pull out in front of cyclists, putting the cyclist in danger of serious injury or death. If you or someone you love has been hurt or killed in a bicycle crash with a motor vehicle of any kind, it is essential to understand your legal options for seeking financial compensation to aid in your recovery.

Can a Bike Rider Sue a Car that Hit Them?

In most cases, vehicles are responsible for yielding the right-of-way to bicyclists. Cyclists are required to follow the rules of the road, just like drivers, but when a cyclist needs to slow down, stop, travel slower than motor vehicle traffic, or make a turn, cars and other vehicles are responsible for granting the right of way and keeping the cyclist safe.

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TX car accident lawyerFew of us can get away from the need to regularly drive, and the boredom of sitting in traffic or the frenzied rush of the morning commute can make it hard to give our full attention to the road in front of us. Despite laws against texting and driving, car accidents due to distracted driving are on the rise and over 3,000 people die in distracted driving-related car crashes every year.

While the reasons for being distracted while driving are many and varied, fundamentally there is no excuse for endangering other people on the road. The vast majority of serious car accidents could be avoided if people were simply willing to wait to address the distracting elements in their vehicles. If you have been badly injured or had someone you love killed in a car crash caused by a driver who was not paying attention to the road, you know this better than anyone and deserve the help of a skilled Texas personal injury lawyer.

What Kinds of Distractions Cause the Most Accidents?

Distractions while driving come in many forms. Teenagers are often most susceptible to being distracted, both by their phones and their friends. However, adults are often distracted as well, and fail to give their full attention to the road because they are giving it to:

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TX accident lawyerMotorcycles are notorious for getting into accidents frequently, and while there are certainly motorcycle drivers who take unsafe risks, many accidents are caused by other, larger vehicles that simply fail to see motorcycles. Inexplicably, the most common explanation given by drivers who hit motorcyclists is simply just: “I didn’t see him.”

While this may seem implausible or even impossible for motorcycle drivers, especially those exercising caution, new research suggests this may very well be true, thanks to a phenomenon called “inattentional blindness.” However, regardless of whether the driver of a vehicle that struck a motorcycle saw the cycle or not, it does not absolve them of responsibility for their actions. If you have been hurt in a motorcycle accident, you deserve help from an assertive personal injury attorney who can help you pursue compensation for your injuries.

What Is Inattentional Blindness?

In many cases of motorcycle accidents, drivers of other vehicles appear to look right into the path of the oncoming motorcycle, and, in many cases, directly at the motorcycle itself - and then pull out anyway. Researchers suggest this is because drivers are receiving an enormous amount of information, not all of which the brain can process or respond to. For an unknown reason, drivers appear to simply not see motorcycles as threats on the road as often as they do other objects, such as taxis - even when the driver demonstrates theoretical awareness that the motorcycle is just as likely to be on the road as a taxi.

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TX accident lawyerIn a tragic accident on the Southwest Side of San Antonio, one person was killed and three teenagers were injured after the driver of the car lost control, drove off the highway, and crashed into a fence. The car flipped over and three of the victims were ejected from the car. While investigators are still gathering data on the accident, according to police, the driver of the car was speeding.

Being in a car with a speeding or reckless driver can be a terrifying experience. When bad driving leads to a car accident, passengers can end up injured or even killed through no fault of their own. When this happens, victims of the crash or their families may wonder whether they can hold the driver responsible.

Are Vehicle Drivers Responsible for Passenger Injuries?

If a car’s driver causes an accident, with or without another vehicle being involved, passengers have the right to hold the driver liable for their injuries. However, proving that the driver was responsible for causing the crash can require some investigation. Crash investigators can help determine the cause of an accident, as can having the following information:

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Texas workplace injury attorneyWorkplace injuries are incredibly common; nearly three in 100 workers get injured every year in the United States, making your lifetime chance of a workplace injury very high. While workers’ compensation insurance may be useful to some people after a workplace injury, private companies in Texas are not required to have workers’ compensation insurance. Furthermore, sometimes a third party, rather than an employer, is responsible for an employee’s injury in the job.

If you have been injured as the result of the actions of a third party in your workplace, you may want to know more about taking legal action against them. 

Examples of Third Parties That Can Cause Workplace Injuries

Business, offices, construction sites, and other workplaces are usually filled with people coming and going. While the third parties that will be present in your workplace will depend on your specific field of work, just a few examples of third parties that could cause workplace injuries include: 

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San Antonio car crash injury lawyerSerious car accidents often require urgent, extensive medical intervention. Even if you do not have to be taken away from the scene of an accident in an ambulance, the cost of fixing broken bones, head injuries, and psychological trauma can be overwhelming - especially if you do not have health insurance. 

Unfortunately, while the at-fault driver and their insurance company will likely eventually be forced to compensate you for your injuries, getting the medical treatment you need right now can be difficult if you are uninsured. If you have recently been in a car, truck, or motorcycle accident that was not your fault (or even that you believe may have been partly your fault), it is a good idea to meet with a personal injury attorney who can assess your case and help you seek compensation for your injuries and losses. 

Are Hospitals Required to Treat Injured People? 

Yes - whether you arrive in an ambulance or get there yourself, a hospital is obligated to treat someone who comes in with a medical emergency. Even if you cannot pay, the hospital is required by federal law to treat and stabilize your injury. As long as your condition has acute symptoms, including pain, that could jeopardize your health or cause serious damage to your body, a hospital will treat you. 

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San Antonio Delivery Driver Crash LawyerEvery day, USPS handles around 500 million pieces of mail, while UPS, Amazon, and FedEx deliver over 30 million packages, for a total of more than 13 billion package deliveries every year. Even more packages are delivered by independent contract workers, who use their private vehicles to make deliveries. 

This means package delivery drivers are on the road more than ever, contributing to an increase in crashes between delivery trucks and passenger vehicles. The size and weight of delivery trucks mean that passenger vehicles often fare very badly in accidents, with serious injuries and even fatalities being common. If you have been injured or lost someone you love in an accident with a delivery driver, it is important to speak with a Texas personal injury attorney. You may be able to recover compensation for your losses and get the financial help you need to begin the recovery process. 

Delivery Truck Crashes On the Rise

Delivery trucks can range from a typical 16-foot box truck making day deliveries all the way up to an 18-wheeler moving thousands of packages across the country. Unfortunately, rates of fatal crashes for trucks over 10,000 pounds are increasing significantly. These crashes happen for many reasons, including, but not limited to: 

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San Antonio Truck Accident Injury LawyerThree weeks ago, a semi-truck collided with another vehicle on a U.S. 75 overpass. The truck, which was traveling at highway speeds, drove off the highway overpass, flipped in the air, and burst into flames as it crashed onto the road below. Dashcam footage from cars waiting at the intersection below the overpass captured the incident, in which the driver of the semi-truck died. 

Texas has the tragic distinction of leading the nation in fatal truck accidents. More than 30,000 commercial vehicles get in accidents every year on Texas roads, and several hundred people die in these accidents. If you or someone you love has been injured or killed in a semi-truck crash on Texas roads, it is essential to understand your legal options for recovering compensation. 

When Can I Sue a Truck Driver for Injuries or Death? 

Determining liability is the first step in exploring whether compensation can be obtained for a truck accident, but it can take some work. Sometimes the truck driver is responsible, sometimes the trucking company is responsible, and sometimes the shipping company that loads a truck is responsible for an accident. Sometimes even the person who was injured or killed in the accident with the truck is responsible for the accident. 

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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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