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Pursuing Third-Party Liability for Workplace Accidents in Texas

 Posted on November 28, 2023 in Personal Injury

San Antonio personal injury lawyerWhen employees suffer injuries on the job in Texas, the only option is to file for standard workers' compensation benefits from their employer's insurer. However, if outside third parties' unsafe actions or defective products also contributed to the workplace accident, injured staff may be entitled to pursue additional compensation through third-party liability claims. A Texas lawyer can help you determine the best option for you.

When Third-Party Liability Comes In

Understanding when third-party liability comes into play is crucial for maximizing potential recovery after occupational injuries involving external negligence. The key is that when acts or omissions by parties other than the direct employer contribute to a workplace accident through provable negligence, those third parties may share a portion of liability for damages.

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What to Do if a Drunk Driver Caused Your Accident

 Posted on November 08, 2023 in Personal Injury

San Antonio personal injury lawyerBeing the victim of a drunk driver can lead to devastating injuries and financial stress. If you believe the other driver was impaired when they hit you, it is critical to take legal action to pursue compensation. But how do you build a case if they refused blood alcohol testing? Here are some tips on how a Texas lawyer can help you create your case.

Gather Circumstantial Evidence

While a BAC reading would be ideal, you can prove intoxication through other indicators like:

  • Witness statements about the driver drinking or seeming impaired beforehand
  • Open alcohol containers found in their vehicle
  • Slurred speech and balance issues after the crash
  • Prior DUI convictions establishing a pattern
  • They were coming from or going to a bar/restaurant
  • Late night timeframe when drunk driving is common

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Proving Truck Driver Negligence for Your Accident in Texas

 Posted on October 25, 2023 in 18-wheeler truck accidents

San Antonio truck accident lawyerWhen pursuing fair injury compensation after a truck collision, proving that the truck driver’s negligence caused the accident is crucial. Having a Texas lawyer on your side establishes liability by helping gather evidence and demonstrating negligence.

Thoroughly Documenting the Accident Scene

Photograph accident damage from multiple angles, including wide shots and close-ups illustrating vehicle positions, debris fields, and any skid marks or road evidence. Capture weather, lighting, and road conditions at the time. Photos provide evidence that would be hard to argue.

Do not forget to take photos of your injuries sustained immediately at the scene, if possible, as this documents their direct connection to the crash. Of course, this should be done only if it is not an emergency, as you should seek medical care before anything.

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What to Do After an Uber Driver Ran a Red Light and Hit Me

 Posted on October 10, 2023 in Personal Injury

Austin personal injury lawyerBeing hit by a negligent Uber driver can leave you confused and overwhelmed. You may think moving forward is going to be daunting, but with help from your side, it is not as complex. Here are important steps to take after an Uber driver runs a red light and crashes into your vehicle and how a Texas lawyer can help.

File a Police Report

If you did not think to get a police report during the rideshare incident, you still can now. All you have to do is contact your local police station, and they can give you a copy. There may be a small fee. The report will contain key details like witness statements, vehicle positions, and any traffic violations cited. This evidence will help support an injury claim and negotiations with insurance companies.

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Holding a Truck Company Liable for a Drowsy Driving Accident in Texas

 Posted on September 20, 2023 in 18-wheeler truck accidents

TX truck accidentWhen a commercial semi-truck driver causes a serious accident because of falling asleep behind the wheel or drowsy driving, injured victims may wonder, "Can I hold the trucking company liable?" Under certain conditions, the trucking carrier may share responsibility. Here is how Texas law approaches accidents caused by drowsy truckers and how an attorney can help.

Negligent Hiring and Training

If a trucking company hired a driver they knew or should have known was unqualified or unsafe, they may be liable for negligent hiring. Failing to adequately train drivers on compliance with sleep regulations could constitute negligence as well. Plaintiffs should gather driving history and training records. Look for any red flags like sleep disorders or past drowsiness issues that should have been caught.

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Gathering Evidence for Your Rideshare Accident Claim

 Posted on September 08, 2023 in Car accidents

TX car accident lawyerBeing in a rideshare accident can derail your life and leave you with mounting medical bills, lost income, and ongoing disability. You deserve full and fair opportunity to provide proof. Building a strong claim for your vehicle accident requires gathering the right evidence from the start. What key proof should you collect for your Texas lawyer?

Documenting Key Crash Details With Police Reports

Secure a copy of the official police report, which contains vital details about how the crash occurred, based on an officer’s investigation. Ensure it accurately reflects your recollection of events. Confirm that parties, vehicles, road conditions, witness statements, and all relevant facts are included. Photos taken by police provide visual evidence.

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What Should I Do If I Am Injured by a Delivery Truck? 

 Posted on August 17, 2023 in Personal Injury

San Antonio, TX delivery truck injury lawyerOnline shopping is an integral part of our lives in today's fast-paced world. Companies such as Amazon, UPS, and FedEx have revolutionized the retail industry with their swift and efficient delivery services. Unfortunately, the increased number of delivery vehicles on the roads has also led to more delivery accidents. If you find yourself injured by a delivery truck, seeking legal guidance from a knowledgeable personal injury attorney is vital to ensure you receive the compensation you deserve and to hold the responsible parties accountable for their actions.

Determining Liability and Negligence

As one of the largest e-commerce giants, Amazon operates under a complex web of contracts with various delivery service providers. The extent of Amazon's liability in an accident involving an Amazon Prime truck depends on the specific circumstances of each case. In some situations, Amazon may attempt to shield itself from liability by arguing that the delivery driver is an independent contractor rather than an employee. However, recent legal trends have seen more cases holding companies such as Amazon partly responsible for the actions of their contracted drivers.

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Litigating 18-Wheeler Accident Cases in Texas

 Posted on August 03, 2023 in 18-wheeler truck accidents

Austin, TX trucking accident lawyerTexas is known for its vast highways and bustling trucking industry, so it is no stranger to 18-wheeler accidents. These colossal vehicles, while vital for transporting goods across the state and beyond, can also pose significant risks to other road users.  

Suffering injuries in an 18-wheeler accident can be a harrowing experience, leaving victims with physical, emotional, and financial burdens. If you are injured in an 18-wheeler accident, seeking the right attorney to litigate your case is critical to ensure justice and fair compensation.

Preparing for Trial

While many personal injury cases, including those involving 18-wheeler accidents, are settled out of court, your attorney will prepare your case as if you were going to trial. This approach demonstrates a strong commitment to securing the best possible outcome for you. If negotiations do not yield satisfactory results, your attorney will be ready to present your case effectively in front of a judge and jury.

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Have You Been Injured in An Accident Caused by a Rideshare Driver?

 Posted on July 18, 2023 in Personal Injury

San Antonio, TX rideshare injury lawyerFor Texans, clicking on a rideshare app to request a ride has become so easy and practical. However, unlike commercial vehicle drivers, Lyft or Uber drivers are not required to receive specialized training or obtain a commercial driver's license. So what happens if you are injured in a Lyft or Uber accident?

Proving Negligence in a Rideshare Accident

You will probably want to seek compensation from the driver who caused the accident and your injuries through a personal injury claim. This is usually done through the insurance company of the defendant. To have a successful case, you will need to prove the following elements:

  • The driver of your rideshare or another driver on the road owed you a duty of care, which was to drive with caution and follow traffic laws while driving

  • The driver breached this duty of care by taking negligent actions such as tailgating or speeding

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Have You Suffered an Injury at a Construction Site Due to Equipment Failure? 

 Posted on July 06, 2023 in Personal Injury

San Antonio, TX construction site injury lawyerConstruction workers have one of the most dangerous jobs. In 2021 construction work was the industry with the most fatalities. The risks are numerous, from falling off a roof to being wounded while operating heavy machinery, and the potential injuries can be life-altering. If you or a loved one has sustained an injury while working at a construction site, third parties may be responsible for your injuries. At Alford & Clark Injury Attorneys, our San Antonio construction injury lawyers can help establish third-party liability so that you can recover the compensation you deserve.

Third Parties

In the construction industry, it is essential that all equipment be adequate for employees to perform their necessary tasks. The equipment should also be marked with safety features and warnings. A company that manufactures and distributes construction equipment may breach its duty of care if the tools or products are not properly designed or assembled. At Alford & Clark Injury Attorneys, we can determine if the best course is to pursue a third-party product liability claim against the manufacturer by conducting an investigation, gathering testimony from other employees, and looking into OSHA reports.

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