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Who Can File a Wrongful Death Lawsuit Following a Car Accident in Texas?

 Posted on June 13, 2023 in Wrongful Death

b2ap3_thumbnail_shutterstock_1144538219-1.jpgAt Alford & Clark Injury Attorneys, we know that no amount of money can replace the life of your loved one. However, when you suffer a devastating loss as a result of another person’s negligence, you may want to seek compensation. The unexpected death of your relative killed in a traffic accident will no doubt affect several members of the family. But the state of Texas limits who may sue for wrongful death in court. Although you can never be truly compensated for your loss, the attorneys at Alford & Clark Injury Attorneys, we are here to help.

Who Can File a Wrongful Death Claim?

A wrongful death is a death that could have been prevented if the party at fault had used an appropriate level of care regarding your family member’s safety. The Lone Star state established the Texas Wrongful Death Act, which allows certain family members to sue for damages when a relative is wrongfully killed. Under the law, the family members that can file a claim include the parents of the deceased, a spouse, and children of the deceased, whether they are biological or adopted. These family members do not have to each file a lawsuit individually. One person can bring a suit on behalf of those who qualify. These beneficiaries can file a claim for compensation for mental anguish and suffering too.

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Texas 18-Wheeler Accidents: How Do You Know if You Have a Case?

 Posted on June 05, 2023 in 18-wheeler truck accidents

b2ap3_thumbnail_shutterstock_764670658.jpgThe Lone Star State has 90,000 miles of public highways enabling the trucking industry to play a vital role in the state’s economy. Unfortunately, 117,300 large trucks were involved in accidents in 2021 resulting in injuries. That is a 12 percent increase from 2020 and 63 percent of those accidents occurred during the day. With so many people caught up in traffic, accidents with an 18-wheeler are bound to happen. At Alford & Clark Injury Attorneys, we understand that the effects of a serious injury quickly put a family at risk of financial ruin.

Causes of Truck Accidents

To establish liability for your injuries and damages, it is important to look for evidence that a trucking company may try to hide. Often truck drivers and trucking companies are to blame for the following reasons:

  • Driver fatigue may have led the truck driver to violate regulations dictating the number of hours they should drive even though they may have felt drowsy.

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Did You Suffer Injuries in a Truck Crash as a Result of Negligent Hiring Practices?

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

Austin Commercial Trucking Accident LawyerThe number of fatal truck accidents is the highest in the state of Texas. In 2020, commercial truck crashes led to nearly 600 deaths. Texas accounts for nearly 13 percent of all fatal trucking accidents in the United States. Driving a commercial truck is not the same as driving a passenger car. These trucks carry a massive amount of weight and extensive training is needed to maneuver such vehicles. It is the responsibility of trucking companies to ensure not only that their fleet is safe to drive but that the drivers are fit for the job. If this is not the case, the trucking company could potentially be held liable for any accidents and injuries they cause.

Negligent Hiring

The practice of hiring commercial truck drivers is a big responsibility. Drivers must demonstrate they have a history of safe driving and are medically able to operate these massive vehicles. Failing to exercise reasonable care to hire a qualified and experienced truck driver should be penalized. Commercial truck drivers may seem qualified on paper but more needs to be done to ensure everyone is safe on the road. Truck driver candidates may have a commercial driver’s license or CDL and they may have carried loads of cargo for several companies. However, employers who are in a rush to get more drivers on the road may be deemed guilty of the following negligent hiring practices:

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Have You Been Injured by an Amazon Delivery Van?  

 Posted on May 17, 2023 in Personal Injury

Bexar County Personal Injury LawyersWe have all seen Prime delivery vans speeding through neighborhoods, maneuvering around cars, and parking right smack in the middle of a road. Although most consumers value the fast delivery service, this is a convenience that may come with a risk for other motorists and pedestrians. In 2021, a study found that one in five Amazon delivery drivers suffered job-related injuries, many of which involved an accident on the road. If you or a loved one has been injured in an Amazon delivery accident you may be entitled to financial compensation for your injuries.

The Harsh Reality for Amazon Drivers

Any type of vehicle accident can lead to painful injuries, not to mention great financial losses. In instances when you are not responsible for the accident, you should not have to bear this heavy burden alone. The responsibility should lie on the driver who caused the accident. It is no secret that Amazon pressures its delivery drivers to make a mass amount of deliveries each day. While Amazon requires contracted delivery drivers to check their vehicles at the start of their shift, it has been reported by drivers that they are allegedly pressured to ignore vehicle damage and complete the inspections as quickly as possible in order to meet quotas.  

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Are you Considering a Lawsuit After Being Injured at Work?

 Posted on April 19, 2023 in Personal Injury

San Antonio Work Injury LawyerSlips, trips, and falls in the United States are among the top three causes of accidents suffered at work. Injuries such as sprains and tears often lead Texans to take time off of work and have to pay costly medical bills. Most people think that the state workers’ compensation program will take care of everything but there are limitations. In Texas, private employers are not required to carry workers’ compensation insurance. So what are your options? Here we will explore third-party liability.

Who Can Be Liable for My Injuries?

In most states, if an employer subscribes to the state insurance fund employees are legally barred from suing the employer in civil court. You may receive benefits that may not fully cover your expenses. In some cases, you may be able to take legal action against other parties at the worksite who are partially responsible for your injuries. If you can demonstrate that a third party caused your injury at work, then you can file a personal injury lawsuit against that company or person to recover damages.

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Did Falling Truck Cargo Cause Your Injuries? Multiple Parties May be Liable

 Posted on April 10, 2023 in 18-wheeler truck accidents

San Antonio Personal Injury LawyerNearly 5,000 fatal crashes in the United States involve large trucks each year. It is no secret that a large truck has greater momentum especially when loaded with cargo. That alone can lead to a greater impact and drivers in smaller vehicles can suffer serious injuries. When truck accident injuries occur, the consequences can be serious. Financial costs quickly mount and you may be unsure who is responsible for your injuries. At Alford & Clark Injury Attorneys, we have represented clients in a variety of truck accident cases and understand the safety issues and forms of negligence that are often committed by truck companies. We will fight to try to ensure that you are properly compensated.

Weight Limits

There are weight limits for commercial vehicles to ensure that trucks are operated safely. Unfortunately, some companies violate these laws and overload the trucks. These practices are not only dangerous to the driver but to everyone else on the road.

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Filing an Injury Claim After a Crash Caused by Inadequate Truck Maintenance 

 Posted on March 15, 2023 in Personal Injury

San Antonio Personal Injury LawyerSemi-trucks, box trucks, flatbeds, dump trucks, and 18-wheelers are much larger than typical vehicles on the road. Consequently, the damage caused in a commercial truck accident is often severe. If you or someone you care about was hurt in an accident, it is important to explore your legal options. A truck accident injury claim may provide justice as well as financial compensation for vehicle damage, medical bills, pain and suffering, and other damages.

We often assume that the driver of a commercial vehicle is the one responsible for the crash. However, sometimes, problems with the vehicle itself are to blame for an accident. Commercial trucks are complex machines with thousands of moving parts. If trucks are not maintained properly, any number of malfunctions can occur, resulting in dangerous and potentially deadly accidents.

Crashes Caused by Irregular Maintenance and Repair of Commerical Trucks

Maintenance and repair issues can lead to serious accidents. Defective brakes, worn tires, steering mechanism defects, loose suspension components, and missing lights and mirrors are just a few of the problems that can cause catastrophic truck wrecks. 

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Filing a Texas Wrongful Death Claim for a Fatal Drunk Driving Accident 

 Posted on March 08, 2023 in Wrongful Death

Austin Wrongful Death LawyerThe National Highway Traffic Safety Administration estimates that drunk driving is responsible for approximately a third of all traffic fatalities. Just recently an 8-year-old girl was killed in an accident caused by a drunk driver in San Antonio.

If your loved one passed away in a crash caused by a drunk driver, this is not simply a statistic - it is your reality. Losing someone because of another person's irresponsible behavior behind the wheel is devastating. Many families grieving the loss of a loved one must also contend with massive medical bills and other financial losses as a result of the death. In Texas, a wrongful death claim may allow for the recovery of financial compensation for these losses.

What is a Wrongful Death?

Texas law defines wrongful death as “the death of an individual caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another.” If another driver's illegal actions or negligent driving caused the crash that took your loved one's life, you may be able to file a claim and recover damages.

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What Happens If You Get into a Crash With an Amazon Van?

 Posted on February 27, 2023 in Car accidents

houston amazon accident lawyerGray and blue Amazon delivery vehicles can be found in nearly every major city and small town, delivering packages to doorsteps across the country. While Amazon has earned a reputation for service and speed, their delivery vans also come with an unexpected danger: accidents.

If you or a loved one were injured in a crash caused by an Amazon vehicle, you may be unsure of your legal options. Most Amazon delivery vehicles are owned and operated by independent contractors, meaning the company may argue that it is not liable for any damages caused in a crash. However, there are still ways to pursue compensation after a crash involving an Amazon vehicle.

Car Accidents Caused by Amazon Delivery Vehicles

Being involved in any type of car accident can lead to expensive financial losses and painful injuries. However, Amazon accidents are often especially complicated from a legal perspective. If you were injured in an accident involving an Amazon delivery van or truck, it is a good idea to meet with a lawyer as soon as possible to discuss your legal rights and options. Your lawyer can help determine who is responsible for paying medical bills and other damages related to the accident.

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Negligent Hiring Practices Can Lead to Avoidable Semi-Truck Accidents

 Posted on February 10, 2023 in 18-wheeler truck accidents

San Antonio truck crash injury lawyerLarge flatbeds, semi-trucks, tractor-trailers, and other large commercial vehicles are a common sight on the highways of every state. They transport goods all over the country, making them an essential part of our economy. However, when responsible hiring practices are not followed by trucking companies, semi-trucks can become dangerous weapons on the roads.

Trucking companies must carefully vet their employees to ensure they are qualified and safe drivers. This includes conducting background checks, verifying references, checking driving records, or requiring medical exams. However, some companies cut corners when hiring semi-truck drivers by not properly verifying qualifications or overlooking signs of dangerous driver behavior.

If you or a loved one were involved in a crash with a semi-truck or other commercial truck, a personal injury attorney experienced in truck accident claims can help you determine if negligent hiring practices led to the crash. The trucking company may be required to reimburse you for your medical expenses, lost wages, pain and suffering, and other damages.

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