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Recent Blog Posts
The Dangers of Drowsy Truck Drivers
It 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.
Can I File a Wrongful Death Lawsuit in Texas?
Losing 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:
Can I Make A Claim For A Crash During A Winter Storm?
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.
How Long Do You Have To File A Wrongful Death Lawsuit In Texas?
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.
Attorney Will Clark Named To The 2018 Thomson Reuters Texas Super Lawyers Rising Stars List
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 .
Sample Hurricane Harvey Notice Of Claim Letter
[Date – on or before August 31, 2017]
RE: Notice of Claim under Policy # [Policy Number]
To Whom It May Concern,
Pursuant to the terms of my [Insurance Carrier] policy, I am providing this written notice of claim for my losses sustained during Hurricane Harvey. Please contact me as soon as possible to arrange an inspection of my property at a mutually agreeable time.
Sincerely,
_________________________
[Name]
[Address of Damaged Property]
[City, State, Zip]
[Phone Number]
[Policy Number]
Private Prison Lawyers Fight Against Abuses At For-profit Jail In Beaumont, Texas.
After Hurricanes, Hail Damage, Or Extreme Flooding, Will Homeowners Insurance Be Enough To Help My Family Fully Recover?
If the insurance company unfairly denies or delays payment on your claim, count on Alford & Clark PLLC to help after disaster strikes.
There are two very different types of homeowners insurance policies sold in Texas:
- Named perils policies cover only the damage caused by events and occurrences specifically named in the policy.
- 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.
Reports Of Exploding Smartphones May Expose Samsung To A Surge Of Injury Lawsuits.
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.
What Are The Top 10 Most Dangerous Driving Habits?
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.
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.
Alford & Clark Injury Attorneys has offices in San Antonio, Austin, Houston, Corpus Christi, and Dallas, and we represent clients in Bexar County, Selma, Schertz, Live Oak, Converse, Kirby, Travis County, Round Rock, Pflugerville, Harris County, Bellaire, West University Place, Spring Valley Village, Nueces County, Portland, Port Aransas, Robstown, Dallas County, Tarrant County, Fort Worth, Irving, Garland, Arlington, Mesquite, Grand Prairie, and throughout all of the state of Texas.
Results listed are not a guarantee or indication of future case results.
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