Car accidents are one of the most common causes of property damage and personal injury in the United States. When these incidents occur, all parties involved must take steps to ensure safety and to document the damages. One way to do this is by filing a police report.
Should You File a Police Report After a Car Accident?
In most cases, filing a police report after a car accident is a very good idea. This applies whether the incident was minor or resulted in serious injury. Even if you don't think there's much damage, it's better to err on the side of caution and document everything that happened in an official report.
Contents of a Police Report for a Car Accident
By providing a detailed account of all facets of the accident, police reports can be an invaluable resource for insurance companies, courts, and other legal entities who need to know exactly what happened in order to determine liability and offer compensation accordingly.
As such, police reports need to have the following information:
Weather conditions, road conditions, and any other relevant factors that could have contributed to or resulted from the car accident
Officer's assessment as to who was at fault in the accident
Photographs of the scene or footage from a nearby traffic camera
Why a Police Report is Important in a Car Accident Claim
A police report is an important document that can help substantiate a car accident claim. It includes the details of the crash, such as who was at fault, who changed the lane and what caused the crash, as well as any information about bystanders or witnesses, or other factors such as driver negligence. A police report often contains diagrams of the scene and photographs of the damage incurred. The insurance company will use this information to determine who is liable for the damages.
Having a police report on hand can be especially advantageous if there are any disagreements about fault or responsibility for the accident. With the details outlined in an official report, it can help ensure that an accurate settlement is given and that both parties involved get what they are owed. Insurance companies may not accept an insurance claim without a police report, so make sure you acquire one as soon as possible after the accident.
It can be beneficial to have a copy of the police report for your own records so that you can refer back to it in the future if necessary. In the event that a dispute arises between two parties, having a copy of the police report can help mediate any disagreements.
How to File a Police Report for a Car Accident
Filing an accurate police report is often the first step taken towards protecting yourself and any passengers involved in a car accident. To do so, you first need to have all of the necessary paperwork, which includes:
Driver's license and insurance information for all parties involved in the accident
Any witness statements related to the accident
Photos of the accident scene
Any police report numbers or citations issued at the time of the crash
Remember to be as detailed and accurate as possible when providing information for a police report. This includes listing any physical damage to vehicles, injuries sustained by individuals involved, and any other relevant details that could provide an accurate understanding of what took place during the accident.
Once all of the necessary paperwork is collected, it should be submitted to your local police or sheriff’s department and a report will be filed. If a law enforcement officer was present at the scene of the crash, they may provide you with a copy of their report.
Keep any copies of the police report and other paperwork related to the accident in a safe location, as it might be needed later for insurance or legal claims.
How to Know When It is Time to Settle a Car Accident Case
No one expects to get into a car accident, but it can happen to anyone. When you do find yourself in this situation, it can be difficult to know when is the right time to settle your car accident case.
There are several considerations that should be taken into account before making the decision to settle or pursue legal action.
When to Settle
In some cases, it may make sense to take your case to trial, while in others, you may have a better chance of getting more money from an insurance company if you agree to a settlement. In any case, be sure that you understand your rights and options and that you make a decision based on what is best for you.
Before deciding whether or not to settle a car accident case, consider factors such as the nature of the injuries sustained in the crash, the amount of medical bills, the amount of property damage, and any other costs associated with the accident.
You should also take into account the severity of any permanent or long-term injuries, as well as how much work you may have missed due to your injury. All of these factors can help determine whether or not a settlement offer is fair.
When to Pursue Legal Action
If the involved parties have sustained minor property damage and no personal injuries, then a settlement may be appropriate. However, if either party has suffered serious physical injuries or there is significant property damage inflicted on one side only, then it is advisable to seek legal action.
In some cases, even if minor damages have occurred, taking legal action may be recommended. This could be the case if the other driver was found to have been driving recklessly or under the influence of drugs or alcohol at the time of the accident. In such situations, evidence needs to be gathered and presented in court to secure a favorable result. Learn about finding liability for car accidents due to rain.
How to Know if a Settlement is Fair
The settlement of a claim is one of the major milestones in the insurance claims process. Knowing if a settlement is fair can be difficult since there are no fixed rules for evaluating them.
However, there are some general guidelines that you can use to help determine if a settlement offer is reasonable and satisfactory:
The extent of your damages and how much money you are asking for in order to cover them.
Legal costs that were incurred during the claim process and if they have been factored into the settlement offer.
If the settlement amount is within your insurance policy limits.
Time limitations associated with the settlement offer. These can include deadlines for payment and any stipulations regarding when you can make a decision on the claim.
Ultimately, if a settlement offer meets or exceeds your expectations, then it is likely to be fair. However, if you feel that the offer does not adequately cover your damages or the process was unfair in some way, then you might want to negotiate for more with the insurance company.
An experienced car accident attorney has likely seen many cases like yours and knows how to build an effective argument for compensation. Part of their job is to assess the costs associated with your claim and then negotiate on your behalf with insurance companies or other parties involved in order to get you a settlement that reflects these costs. Your attorney should also be able to fact-check the offer and advise if you should take it.
Ultimately, it is up to you whether or not to take a settlement offer. However, by seeking legal counsel from an experienced San Antonio car accident attorney, you can get much-needed advice and be in a better position to make informed decisions. With their help, you will be able to rest assured that you are getting the best possible outcome.
Options for Recovering More Than The Insurance Policy Limits of an At-Fault Driver
When an at-fault driver is underinsured or uninsured, the victim may find themselves facing significant losses that their insurance policy limit is not able to cover. Fortunately, there are options available for them to recover the amount to which they are entitled.
In this article, we will look at some of these options, including filing a lawsuit against the at-fault driver, seeking compensation from other sources that may be liable for your losses, and potentially filing a lawsuit against the insurance company.
Insurance Policy Limits in San Antonio, TX
The most common form of auto insurance is liability coverage, which pays for damages and injuries caused to another driver or their property in the event of an accident.
In San Antonio, drivers are required to have a minimum of $30,000 in bodily injury liability coverage per person and $60,000 in total maximum per incident. Property damage liability coverage requires at least $25,000 for damages to another vehicle or structure.
How Often Auto Accident Settlements Exceed the Insurance Policy Limits
Auto accident settlements often exceed the insurance policy limits, as insurance companies do not always provide a fair settlement that covers all of the damages incurred.
Options to Recover if the At-Fault Driver Has Low Insurance Policy Limits
It is important to take steps to protect yourself following an accident with a driver who has low insurance coverage. Here are some legal options that may be available to you.
Seek Compensation from Other Liable Parties
If you have been injured in a car accident and the at-fault driver has a low policy limit, you may still be entitled to compensation from other liable parties. Depending on the circumstances of your case, other liable parties can include:
Vehicle’s owner (or the parent or guardian if the driver is a minor)
Mechanic or manufacturer of a faulty vehicle part
Person, business, or agency that negligently maintained the roadways
Government agency responsible for maintaining public roads
File a Claim From Your Underinsured Motorist Policy
You may also be able to file a claim through your own underinsured motorist policy (UIM). UIM coverage is designed to provide additional compensation if the at-fault driver’s policy limits are not enough to cover all your costs.
When filing a UIM claim, present evidence that demonstrates the extent of the damages and losses for which you are seeking compensation. This could include medical bills, repair costs, lost wages due to time spent away from work, and other related expenses.
The insurance company may require you to provide detailed information about your injuries and the circumstances surrounding the accident. You should be prepared to answer questions regarding the at-fault driver’s policy limits and any other available sources of compensation.
File a Lawsuit for Insurance Bad Faith
Bad faith happens when an insurance company fails to deal fairly with its customers, such as by refusing to honor a legitimate claim. A bad faith lawsuit can help ensure that you receive full compensation for your injuries, medical bills, and other damages even if the at-fault driver has low insurance policy limits.
In order to prove bad faith on the part of an insurance company, you must show that the insurance company did not act in good faith when handling your claim. This can include things like refusing to pay a legitimate claim or unreasonably delaying payment. You will also need to show that you suffered financial harm as a result of the insurance company's actions.
File a Lawsuit Against the At-Fault Driver
In the event that an at-fault driver has low insurance policy limits, you may wish to file a lawsuit directly against the at-fault driver. This will allow you to seek compensation for any additional costs that exceed their insurance policy limits.
Get Help From a Car Accident Attorney
A qualified car accident lawyer in San Antonio will be able to review your case and assess the details of the accident such as who was at fault, the extent of damage to both vehicles, any existing insurance policies, and other factors. An attorney can help you determine if you have a claim worth pursuing against the at-fault driver with low insurance policy limits.
Who is At Fault in a Chain-Reaction Car Accident?
When it comes to accidents involving multiple vehicles, the question of who is at fault can be a tricky one. In a chain-reaction car accident, there may be several drivers or other parties involved whose actions could have contributed to the crash.
It’s important to understand what factors go into making liability determinations in these types of accidents in order to assess who should be held responsible for any injuries or damages.
How a Chain Reaction Car Accident Occurs
A chain reaction car accident occurs when the actions of one or more drivers cause a series of impacts with other vehicles. The first step is often an initial impact between two cars. This can cause one or both of the vehicles to spin, rain, veer off course, or enter into oncoming traffic and collide with other drivers.
Depending on the severity of this impact, the second car may then be pushed into another vehicle, setting off a domino effect of collisions. The chain reaction can even involve multiple cars, resulting in an enormous pile-up on the road.
This type of crash is often caused by an initial act of negligence, such as following too closely or failing to stop at a red light. In addition to being responsible for initiating the chain reaction, the negligent party may also be liable for the damages caused to all of the vehicles involved in the incident.
How to Determine Fault in a Chain-Reaction Car Accident
Chain-reaction car accidents, also known as multi-vehicle accidents, can be complicated to untangle when it comes to determining who is at fault. This is because, often, there are multiple drivers involved and the roles they played in the accident must be determined in order to assign blame and liability.
When determining who is at fault for a multi-vehicle accident, it’s important to consider how each driver contributed. Some factors that can help determine fault include road conditions, the speed of the vehicles involved, and whether any drivers made illegal maneuvers or violated traffic laws.
Additionally, the events leading to the accident should be examined in order to determine which driver’s actions led to the chain reaction of events that caused the crash. Courts consider a variety of evidence to determine who is at fault. This can include eyewitness testimony from those at the scene, physical evidence such as skid marks, and any other evidence that may be relevant. Photographs, videos, or police reports taken after the accident can provide valuable information for the court to consider.
The statements made by the drivers involved in the accident can also be used as evidence, as well as any damage done to vehicles or objects at the scene of the accident.
In some cases, all drivers involved may share fault for an accident because they all made mistakes that could have been avoided and contributed to the chain reaction. In other cases, one or two of the drivers may be primarily responsible for the crash due to their careless or reckless actions — such as speeding, tailgating, and distraction.
Your lawyer will use their experience and resources to review police reports, speak with witnesses, and gather other evidence to identify all at-fault parties and provide an accurate assessment of the total damages.
They can also negotiate with insurance companies on your behalf to help ensure you receive comprehensive compensation for medical expenses, lost wages, pain, and suffering, and other associated costs.
Determining Liability for Accidents During Heavy Rainfall
In bad weather conditions, your risk of being involved in an accident increases significantly. Heavy rainfall can cause slick roads and low visibility that make driving dangerous for both drivers and pedestrians alike.
It's important to know how to identify who may be held liable for a crash during inclement weather.
How Liability is Determined for a Rainfall Accident
When it comes to determining liability in a rainfall accident, there are several factors that may come into play.
The most important factor is whether or not the defendant had a duty of care towards the plaintiff and if that duty was breached. If a duty of care existed and then was breached, the defendant will likely be found liable for any damages caused by the breach.
In addition, negligence must be established in order to assign liability. Negligence is defined as the failure of a person to use reasonable care when confronted with a foreseeable risk of harm or injury.
To prove negligence, the plaintiff must demonstrate that the defendant had a duty of care towards them and that they breached it by failing to act as a reasonable person would have in the same situation.
Contributory negligence must also be established. This means that the plaintiff is partially at fault for their damages due to their own actions or lack thereof. If it can be proven that the plaintiff's own carelessness contributed to their injuries, then any award of damages may be reduced or eliminated according to the degree of fault.
How Drivers May Be Held Liable
The degree to which a driver may be held liable in a rainfall car accident depends on the circumstances. Generally speaking, drivers have a responsibility to operate their vehicles with caution and adhere to traffic laws under all weather conditions.
When the driver fails to take reasonable care while driving in rainy conditions, such as by speeding or failing to reduce speed, then they could be considered negligent and liable for any resulting damages.
Courts may also take a look at other factors, such as:
Whether or not the driver was driving without headlights on.
Whether or not the driver was driving with hazard lights on.
Whether or not there was poor vehicle maintenance.
Whether or not the driver was reckless or careless.
In some cases, drivers may only bear partial responsibility for a car accident due to the influence of inclement weather conditions. In such situations, it is important to evaluate all factors that contributed to the crash before assigning fault.
A driver can be partially responsible if they did not take adequate precautions to prevent a collision, such as if another vehicle hydroplaned and crashed into them. Even though the other driver is primarily responsible, the first driver can still be held partially liable for not exercising reasonable caution in the rain.
Other Parties That Bear Liability
In a rainfall car accident, there are other parties that can bear liability in addition to the driver of a vehicle. Depending on the circumstances of the accident, any or all of these liable parties could be held responsible for damages.
Owner of a vehicle - may be liable if they gave permission to an inexperienced or reckless driver to drive their vehicle. This is especially true if a driver under the age of 18 was given permission to drive, as parents and guardians are responsible for any negligence that results in an accident.
Municipality or government agency responsible for maintaining public roads - may be liable for damages caused by poor road conditions.
Construction site operators and managers - may be liable if the accident was caused by improperly contained equipment.
Vehicle manufacturer - may be liable if a vehicle defect or malfunction caused an accident. In some cases, even the seller of a vehicle or auto parts can be held liable for damages caused by defective products.
Call a Car Accident Attorney After a Rainfall Crash
It is important to speak with an experienced car accident lawyer as soon as possible after an accident, particularly when rain or other wet weather conditions are involved. A skilled car accident attorney can help you understand your legal rights and options, as well as how to best protect yourself from liability. Talk to one of our car accident lawyers today.
Who May Be Liable for a Lane-Change Accident?
When a lane-change accident occurs, the question of who is liable for any damages can be complicated. Depending on the circumstances, multiple parties could potentially be responsible for paying compensation to those affected.
This article will discuss some of the parties that may carry liability in these situations and provide guidance on how fault is determined in a lane-change accident.
What is a Lane-Change Crash?
A lane-change crash, also known as a sideswipe or merging collision, occurs when two vehicles collide while attempting to change lanes. It can happen at any speed and on any road, from highways to city streets.
Lane-change crashes are very dangerous because the sudden impact can cause one of the cars to lose control and veer off the road or into oncoming traffic. These types of accidents can be difficult to predict and prevent since they often happen so quickly.
Who May Be Liable for a Lane-Change Crash?
It is possible for multiple parties to be held liable for a lane-change crash. The driver of the car that changed lanes may be responsible if they failed to check their blind spots or used excessive speed when changing lanes, violating traffic laws in the process.
The driver of the other car involved may also be accountable for a lane-change crash if they were negligent in some manner, such as by speeding or not paying attention to traffic signals. This is especially true if their actions led to the other vehicle changing lanes and causing an accident.
The owner of either car may also be included in any liability as they are legally responsible for the actions of anyone who operates their vehicle.
In addition, a third party such as a mechanic or product manufacturer may be held liable if it is determined that faulty maintenance or a defective part caused the crash. For example, if it is found that a tire blowout or brake malfunction caused the lane-change accident, then the mechanic responsible for maintenance or the manufacturer of the defective part could be held liable.
It is important to note that even if one driver is determined to be at fault for the crash, both drivers may still share some responsibility.
Ultimately, determining liability for a lane-change crash depends on the specific circumstances of the accident. It is important to obtain legal advice from an experienced attorney if you have been involved in a lane-change crash in order to ensure that any responsible parties are held accountable and you receive fair compensation.
How Fault is Determined in a Lane-Change Crash
When it comes to determining fault in a lane-change crash, the main factors considered are the behavior of each driver leading up to and during the crash. Did either driver fail to signal their lane change? Was one driver driving too fast for road conditions? Did either driver fail to check their blind spot before changing lanes? All of these actions can factor into fault determination.
Other things that may be taken into account include the driver's history of safe driving, any distractions (such as a cell phone or other electronic device) they may have been using at the time of the crash, and the visibility of each vehicle at the time of impact.
The speed of each vehicle prior to and during the crash can also be taken into account, as well as any driver fatigue or impairment. A court may consider other evidence such as skid marks and damage to each vehicle.
Ultimately, the fault for a lane-change crash is determined by evaluating all of these factors together in order to decide which driver was ultimately responsible. To obtain information about these, courts gather evidence from the following:
A lane-change crash is a particularly dangerous type of car accident that can result in serious injuries and other damages. If you've been involved in a lane-change crash, it's important to work with an experienced car accident lawyer who can help ensure you are protected and compensated for your losses. Talk to us about your accident today.
Filing a Claim for an Accident Caused by a Teen Driver
Filing a car accident claim when the driver is a teen can be overwhelming and difficult to navigate. For parents of teen drivers, understanding the nuances of such a claim can be challenging, especially if you are not familiar with insurance policies and claims processes.
This article aims to provide helpful information on filing a claim after an accident involving a teenage driver, including information on liability and coverage and more.
Common Accidents Caused by Teen Drivers
According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death among teens in the United States. Most teen driver crashes occur due to inexperience, risk-taking behavior, distraction, and poor decision-making.
Distracted Driving - According to the AAA, 62% of teen drivers admit to talking on the phone while driving, and 43% of teens admit to texting and driving. In addition, distractions from conversations with passengers increase crash rates fourfold among teen drivers.
Speeding - According to the National Highway Traffic Safety Administration (NHTSA), speed is a factor in one-third of all fatal crashes involving young drivers.
Impaired Driving - According to the CDC, 28% of teens involved in fatal motor vehicle crashes had been drinking before the crash occurred.
Who is Liable When a Minor is At Fault for a Crash?
Depending on the age of the minor involved in a car crash, they might be held liable or not. If the minor is under 18 years old, then they are generally considered too young to be held responsible for their actions and will likely not face any legal repercussions.
However, if the minor is over 18, they may still be held accountable for their actions and could face both civil and criminal liability.
When are the Minor’s Parents Liable?
In some cases, the parents or guardians of a minor may also be held liable for a car crash in San Antonio TX, even if the accident was caused by the minor's own negligence. This is especially true if the parent or guardian allowed their child to drive without proper supervision or without a legal license.
Depending on the age of the minor, the law holds parents and guardians responsible for any damages that may be caused due to negligence or misconduct. This means that if a minor causes an accident, his/her parent or guardian can be held liable for any resulting loss, damage, or injury.
In some cases, the parent or guardian may even be subject to criminal charges for failing to adequately supervise a minor.
Family Purpose Doctrine
The Family Purpose Doctrine holds the owner of a vehicle responsible in certain cases if their child or family member causes an accident while driving their car. This doctrine is most commonly seen when minors are behind the wheel and cause an accident due to reckless behavior or negligence.
In these instances, the insurance company will investigate each case on its own merit. The owner of the vehicle will be held responsible for damages, medical expenses, and other costs related to the accident. This is because the owner of the vehicle granted permission to a minor to drive their car, making them liable for any accidents caused by that minor.
Checking Unlicensed Driver Exclusion
Unlicensed Driver Exclusion is a clause that can be found in many car insurance policies. This exclusion prevents an insurance company from paying out a claim if the driver of the vehicle was not legally licensed at the time of the accident.
This means that if you are involved in an accident with a minor, your insurer will not pay for any damages or injuries you have suffered. The reason behind this is that unlicensed drivers are considered to be higher risks and more likely to cause accidents, which makes them too much of a liability for an insurance company to cover.
If you find yourself in a car accident with someone who is not legally licensed, you could pursue legal action against the other driver if they are found to be at fault for the accident. This could include filing a personal injury lawsuit or a property damage claim.
Hire a Car Accident Lawyer to Help
If you have been in a crash involving a minor driver, having the right car accident lawyer on your side is essential. A good car accident attorney in San Antonio, Texas will be able to provide guidance, advice, and representation throughout the entire legal process. Speak to our lawyers today.
Can a Car Accident Lawyer Help With Claiming Insurance Benefits?
When you've been involved in a car accident, the last thing you want to worry about is whether or not you will receive insurance benefits. That's why many people choose to enlist the help of a car accident lawyer. With the assistance of a qualified legal professional, you can ensure that you are appropriately compensated for the damages caused by your accident.
Why You Need a Lawyer to Handle Your Insurance Provider
Being involved in a car accident can be a frightening and overwhelming experience. The aftermath of the crash can leave you feeling overwhelmed and confused about how to proceed with filing an insurance claim.
It is important to understand that you are entitled to certain rights when filing an insurance claim after a car accident, and this is where a lawyer can help.
A car accident lawyer is a professional who specializes in helping victims of car accidents seek the compensation they are due from insurance companies. They are knowledgeable about the laws, rules, and regulations surrounding auto accidents and how to best navigate the insurance claims process.
They will help you understand your rights as an injured party and can provide the necessary guidance to ensure that you receive the compensation that you are entitled to.
How a Car Accident Lawyer Can Help
A car accident lawyer can help you deal with your insurance company to ensure you’re getting the benefits that are rightfully yours. Specifically, here are things that they can do:
Speak to Your Provider on Your Behalf
Your car accident lawyer will be your primary point of contact throughout the claims process, acting as a bridge between you and the insurer.
They can provide information about your policy coverage and any legal obligations you may have after a crash, and make sure that all relevant evidence is made available to the insurance company.
Negotiate a Fair Settlement
A car accident lawyer is often the best person to negotiate a fair settlement with your insurance company after a car accident. An experienced lawyer knows how the system works and can provide you with invaluable advice on pursuing a claim.
They understand the law and can explain the process in detail so that you know what to expect throughout the course of settlement negotiations.
Gather Evidence to Determine Fault and Liability
Your car accident lawyer will be able to collect the necessary evidence related to your accident, such as police reports, witness statements, photographs of the scene, and any damage done to the vehicles involved.
In some cases, a car accident lawyer may also use forensic experts or private investigators to help determine fault and liability.
A car accident lawyer can help you prove your damages to your insurance provider by gathering evidence, conducting research, and working with experts for analysis. They can also assist in drafting legal documents to support your claim or negotiate with the other party's insurer.
Represent You in a Lawsuit
Having a car accident lawyer by your side can be incredibly helpful when you find yourself in the midst of a lawsuit involving your insurance provider. Your lawyer will know how to navigate the complex legal system and fight for your rights in court.
Your attorney will have experience with cases like yours, which means they'll understand what it takes to get the best outcome. They'll be able to provide counsel on whether or not it's necessary to file a claim, and if so, how much you can reasonably expect from the insurance company.
Let a Car Accident Lawyer Help You Make an Insurance Claim
When you have been involved in a car accident (even if you're a teen), it is essential to contact a car accident lawyer as soon as possible. Not only will they provide you with expert legal advice on how to proceed with your claim, but they can also help ensure that the process runs smoothly and efficiently.
If you have been involved in a car accident, speak to our lawyers today.
How to Choose a Lawyer
According to the American Bar Association, there are currently 1.3 million lawyers in the United States. With this many lawyers in the US, surely it must be easy to hire a lawyer, right? It seems like you cannot drive on the highway or turn on your television without seeing a commercial for a lawyer. So when it is time to retain the services of an attorney you may find yourself wondering how one goes about hiring a lawyer. Keep in mind that hiring the right lawyer is important because of the stakes that are involved if you hire the wrong person for the job. How do you hire the best lawyer? Here's a few tips! Ask About Billing Many people often feel intimidated when they talk to a lawyer. They may not want to ask questions, especially when it comes to money. However, don’t be afraid to ask questions. Ask the following: How much will their service cost you? How do they bill their clients? Will they charge a flat fee, or by the hour? When and how will you receive payment if there is a settlement? What are their payment terms?
For example, The Major Law Firm’s Criminal Defense attorney offers flat fee pricing. This means that the amount of the attorney’s fee is fixed and will not change during the representation. The Major Law Firm’s personal injury lawyers offer contingency fee pricing. This means that you pay nothing unless The Major Law Firm recovers on your behalf. It is important to understand how the attorney’s fee will be calculated. Meet with different attorneys regarding your case and get these questions answered. Most attorneys offer a free case evaluation, so use this as an opportunity to learn as much as you can. What you don’t know may end up costing you. Compare the fees that an attorney gives you. Don’t automatically go with the lawyer who charges the most and conversely, don’t go with the cheapest lawyer. Hiring the most expensive lawyer does not mean that you are guaranteed to win. Hiring the cheapest lawyer can also backfire because they may not dedicate the necessary time to your case. They may also not be familiar with your type of case and may not know what your type of case will run. If you're a teen, read how you can file a claim against an accident. Consider the Type of Lawyer You Need When you realize that you need a lawyer, whether you've suffered a slip and fall accident at work, or you want to file a wrongful death claim, make sure that the person you hire is able to handle your type of case. For example, a lawyer who mostly focuses on immigration cases may not be able to help you with your construction accident case. The lawyer may be well-known in the media and community for helping with immigration cases, but they may not have the knowledge or expertise to handle a case that is better suited for a personal injury law attorney. Conversely, a family law attorney may not have the skills or expertise to help you avoid DUI charges. In that case, a lawyer who focuses on criminal law will be your best bet. When you bring your case to an attorney, ask about the experience they have in dealing with the case you have. Have they handled cases similar to yours in the past? Ask what type of strategies they have used before. Do they know who the prosecutor might be? What do they know about opposing counsel? It’s easy to hire the attorney with the biggest billboard, but if they don’t have experience with your case, you may find yourself on the losing side. Hiring the wrong attorney goes beyond losing money. You may lose your family, your wages, or even face imprisonment. Make Sure You Feel Comfortable Regardless of the reason that you are needing an attorneyu o feel omfortable with the person that you are entrusting with your legal case. When you meet with a potentia pay attention to how you feel when you are with them. Does the attorney make an effort to make sure you feel like you can ask any questions that you might have? Do you get the sense that you can contact them to ask them questions about the case and trust that they will answer you in a timely manner? Or do you get the sense that they will take forever to get back to you, if they ever do? During your initial meeting with a lawyer, ask questions about your case. While they cannot give you detailed legal advice until you retain them as your attorney, they can give you some information that gives you an idea as to whether they can help you or not. Don’t feel rushed to sign a legal contract retaining your services until you feel assured that your case will get the proper attention that it deserves. Find out who will be working on your case. Is it the attorney that you are meeting with, or is it a junior attorney? A large firm may give your case to a junior attorney to handle and it may be someone that you may or may not feel comfortable with. Remember, you are employing someone to help you and you should feel good about who you hire. In addition to feeling comfortable with your lawyer, make a note of the types of questions they ask you. A lawyer that is familiar with your type of case will ask you specific questions about your case. They will ask for dates, people involved, past legal history, etc. An attorney that has experience with the issue you have will know what questions they need addressed. They will not pressure you to sign a contract until they feel absolutely comfortable that they can help you. You should be able to walk away from your initial consultation feeling assured that you are in the right hands. If you have any questions or would like a free case evaluation, contact The Major Law Firm. Our office is located in San Antonio, Texas but has experience practicing all over Texas. Give us a call at (210) 957-1967.
Remember, "Major Problems Require Major Solutions."
Common Negligent Activities in Car Wrecks
The personal injury attorneys in San Antonio have seen all manners of accidents. Often time drivers are unaware of the rules of road and what activities can subject them to a negligence lawsuit. Whether someone is speeding, driving too slowly, driving with defective equipment, driving while intoxicated, hasn’t secured their cargo, hasn’t maintained fuel, parked in a dangerous area, or drag racing, Major Law Firm car crash attorneys can help.
When you drive a motor vehicle you have a duty to exercise ordinary care as not to endanger the safety of other who may be using the highway. What is ordinary care? The law defines ordinary care as the degree of care that would have been used by a person of ordinary prudence under same or similar circumstances. This is the same standard that applies to children who are over 14 years old unless the child is suffering some mental deficiency.
Depending on the driver’s conduct, exemplary (or punitive damages) may be awarded. If Plaintiff shows by clear and convincing evidence that her harm results from “malice” or “gross negligence” then Plaintiff is entitled is exemplary damages. What is malice? Malice is defined as a specific intent by the defendant to cause substantial injury or harm to Plaintiff. Gross negligence means an act or omission that, when observed from the standpoint of the defendant involves an extreme degree of risk considering the probability and magnitude of the potential harm to others. For example, merely speeding is not enough to support an award of exemplary damages. Other factors must be present. The jury when deciding whether to award exemplary damages will consider the conditions and circumstances of defendant’s conduct.
A driver’s duty to exercise due care extends to people who may reasonably be expected to enter the zone of danger. This includes others on the roadway such as drivers, pedestrians, passengers and people who attempt to rescue an accident victims. Improper stopping or slowing A driver must exercise reasonable care in the slowing or stopping of a vehicle. If a driver slows or stops in a manner that endangers others, then they can be held liable. Plaintiff may recover if Defendant stops too suddenly without giving an appropriate signal or stops in an unsafe place. This is because defendant can be liable for failing to use reasonable care to alert other motorist to the presence of the vehicle.
Driving with defective equipment If defendant knows that his vehicle is in a defective condition and he can reasonably foresee that the continued operation of the vehicle may cause an accident, then defendant can beheld liable. Also, if the defendant knows, or by the exercise of ordinary care should know, that the vehicle has defective equipment, the defendant can be liable for negligence.
Intoxication Intoxication by itself does not constitute negligence however a jury may consider a person’s intoxication when deciding if a defendant is negligence. Evidence of intoxication has been held admissible when there was additional evidence of speeding or erratic driving. Some trial courts have treated driving while intoxicated as negligence per se. Under the negligence per se doctrine, courts define negligence according to a statutory standard of conduct. Texas Penal Code § 49.04 defines driving while intoxicated. The statue prohibits a person for operating a motor vehicle in a public place while intoxicated. Chapter 49 of the penal code contains intoxication offenses for example Texas Penal Code § 49.08 intoxication manslaughter. If you want to learn more about intoxication offenses click here.
Securing cargo A defendant has a duty to secure cargo being carried by the vehicle. This includes trailers and items stored on top of the vehicle. A defendant must secure the cargo in a way that prevents the cargo from falling off the vehicle and causing injury.
Maintaining adequate fuel A defendant has a duty to maintain an adequate supply of fuel. Failing to keep enough vehicle with enough fuel can subject a defendant to liability when the car causes an obstruction of traffic resulting in injury.
Drag racing It is unlawful for a defendant to drive or participate in a drag race on a highway. If a defendant participates in a drag race then it constitutes negligence.
Unsafe vehicle movement Defendants are required to signal their intention whenever the operator turn the vehicle, changes lanes, starts from a parked position, or stop the vehicle. Texas law requires that a turn signal must be given continuously for 100 feet before the turn. If a defendant does not signal for at least 100 feet before a turn is negligent per se.
Unsafe Turning § 545.103 of the Transportation Code prohibits unsafely turning vehicles. If a defendant does not exercise reasonable prudence when turning, then the defendant was negligent. Transportation Code § 545.101 makes it illegal for a vehicle at an intersection unless the vehicle is in the proper position on the roadway. Following Too Closely Texas law prohibits following a vehicle too closely. A defendant must maintain a clear distance between two vehicles, exercising due regard for the speed of the vehicles, and traffic. A car must be able to stop without colliding into a vehicle or veering into another vehicle.
Passing on the Right Texas transportation code § 545.057(a) prohibits passing on the right of a vehicle when the vehicle to be passed is making or about to make a left turn, on a road with unobstructed pavement free of parked vehicles that is wide enough for two or more lines of traffic in each direction, on a one-way street or on any roadway on which traffic is restricted to one direction of movement.
Passing on the Left A driver is required to pass a vehicle at a safe distance and may not cross back to the right side of the road until safely clear of the vehicle. According to Tex. Transportation Code § 545.054(b) when passing on the left side of the road, the overtaking vehicle must return to the authorized lane before coming within 200 feet of an approaching vehicle. It is also illegal to drive on left side of the road when it is marked as a no passing zone, when approaching within 100 feet of an intersection or railroad or approaching within 100 feet of any bridge or tunnel.
There are plenty of negligent activities that can supply the basis of your recovery. If you have been injured in an accident and someone committed one of these acts, call the Major Law Firm’s personal injury attorney to discuss your personal injury case. All of our cases are taken on a contingency basis therefore you do not have to pay any money upfront. In all of our cases you do not owe anything unless we recover on your behalf.