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Truck Accident Attorneys – Satisfying the Burden of Proof

Satisfying the Burden of Proof

As we stated previously, in the state of Texas, the law does not require a defendant to pay a victim anything after he or she has been injured in a truck accident. The victim, or plaintiff, has to prove the defendant owes him or her compensation. And in order to get that compensation, the victim has to produce compelling evidence to sway a judge or jury. Evidence still needs to be produced even when negotiating an out-of-court settlement; the defendant or the defendant’s insurance provider must be compelled to negotiate in good faith; that won’t happen if you don’t have evidence on your side. In order to meet the burden of proof, you need to establish duty, breach, causation, and damages. These are detailed below.

Duty – The state of Texas has established that everyone owes everyone else a duty of care. In your case, you have to prove the defendant owed you the duty of providing for your safety by behaving in a responsible manner. There are different levels of duty of care that apply in different ways. In the case of motorists, all drivers owe all other drivers a duty of care to drive in a manner that is safe for everyone else on the road. In the case of a truck accident, this is a fairly easy element to establish.

Breach – You must next prove that the defendant (or defendants) breached that duty of care that you were owed. This breach typically occurs when a defendant places others in danger, either through an action that […]

Truck Accident Attorneys – Satisfying the Burden of ProofLaredotruck_Accident2024-03-19T02:47:01+00:00

A More Thorough Accounting of Damages Can Recover More Under Texas Accident Law?

If you are hurt in any vehicle accident, you are entitled to receive compensation for many different types of damages, which include:

All of your medical bills caused by the accident: both past and future; includes the payment of all aftercare and prescribed therapy: physical, emotional, and occupational.
Property damage to both your vehicle and its contents.
Lost wages from time spent in recovery at a hospital or while you’re convalescing at home.
Lost earning capacity due to long-term disability.
Your physical pain and suffering.
Emotional and mental distress, including that of surviving family members in the event that the case is one of wrongful death.

There is no limit to how much money you can recover through a vehicle accident personal injury lawsuit. Still, you must seek a legal professional to help you protect your rights, and you must make every effort to receive treatment for your injuries so that you will recover as best you can.

Did You Know?

Our Texas car accident attorneys have won thousands of cases. Call us today to discuss your case. 1(800) 862-1260

Do You Need to Hire a Lawyer After a Car Wreck? We Have a Few Clues

In most instances, it takes a car accident injury lawyer to assure that accident victims recover the actual worth of all damages to themselves as well as their vehicle and its contents. If the circumstances surrounding the accident and its coverage are minor, or if everyone is behaving “above board,” a reasonably intelligent accident victim can likely handle his or her claim without the assistance of a lawyer. Here are a few (of the many) scenarios that […]

A More Thorough Accounting of Damages Can Recover More Under Texas Accident Law?Laredotruck_Accident2024-03-19T02:47:24+00:00

Accident Attorneys – Personal Injury Law

The Value of an Experienced Lawyer Handle Your Personal Injury Case is Clear

A common misconception within the general public is to assume that Texas law will promise them equal financial recovery for their injuries with little trouble just because the law is on their side. But what we actually have is the right to equal financial recovery through the courts. If we want that recompense, we must fight for it ourselves. It’s not given to us automatically.

Texas Civil Practices and Remedies Codes state only that accident victims may seek compensation, following specific legal guidelines, from negligent defendants. The first rule is the burden of proving the damages are owed to us, as we have already said. To be compensated, we must convince the jury that the defendant’s negligence is indeed the cause of the accident, and all the misery we have suffered because of it. Personal injury cases can get extremely litigious. It takes a special kind of attorney to be successful in this type of law. And a host of less-than-knowledgeable people are more than willing to give you “free legal advice” (which is often worth what you pay for it: nothing)

You also might have a relative or friend who is a lawyer who wants to protect your best interests and represent you in a personal injury claim or lawsuit. And though we would never tell you what to do, we will say that when it comes to legal representation of any type, you might want to reconsider retaining anyone who might have a difficult time emotionally disassociating him or herself from your case. Personal […]

Accident Attorneys – Personal Injury LawLaredotruck_Accident2024-03-19T02:48:34+00:00

What Can Our Accident Attorney Do For You?

What Can our Accident Attorney do for You?

The accident lawyers with our Law Offices want to help you through this incredibly trying time you are experiencing, and help you recover by helping you obtain equitable compensation. There are several ways we can make the legal process much easier for you, and help you focus your energy on recovering from your injury. These include:

Taking all of the legal work off of your plate.

Shielding you from the harassing and intimidating tactics used by insurance company operatives.

Filing your claim, or taking over negotiations if you have already filed.

Launching a thorough investigation by collecting any available video or photographic evidence; finding witnesses and interviewing them; sequestering and inspecting all vehicles involved in the accident; measuring the skid marks to the impact point; reviewing police reports in painstaking detail; and cataloging all evidence properly so it will be admissible in court.

Helping you find medical help if you are uninsured and otherwise cannot afford it.

Prepare demand packets.

Negotiate a fair settlement so you can avoid the stress and uncertainty of a trial.

Devising a trial strategy whether or not the case goes to court. The more convincing your case, the larger the settlement you can obtain without having to go through a trial.
For two decades, our skilled and passionate attorneys have been dedicated to doing everything they can to protect the rights of our clients and secure the restitution they have coming to them. Just as we have for so many other Texans, we can help you get the compensation you deserve.

Why You Should NEVER Act as Your Own Attorney

It is legal, of course, for an injury […]

What Can Our Accident Attorney Do For You?Laredotruck_Accident2026-04-18T18:30:34+00:00

Trucking Companies And Their Insurance Policies

The worst part is that you can’t just demand compensation from the court and think you’ll get it quickly. You must provide factual evidence that points out not just your losses but also how you came up with that value for those damages. What happens then is that defendants will likely fight about the total compensation owed by the plaintiff and then submit their own amount owed, which will likely decrease the overall amount of harm the plaintiff has endured. If you’re wanting to show how the defendant took the sneaky cheap way out, you must present unflappable evidence that prove your numbers are spot on.

What is the true cost of my case? Damages like pain and suffering and loss of earning capacity are very subjective and always up for debate, and they’re also nearly impossible to total for regular citizens. It’s complicated putting a value on pain and suffering or estimate lost earning capacity by figuring the overall value of potential raises and inflation. In the trial, you’ve got one shot to compile the amount of equitable compensation you should get. For the past 20 years, our 18-wheeler accident lawyers have been totaling damages and we have gained enough familiarity with cases such as yours to learn how to take all your losses and get an estimation of the compensation that will assist your family in getting the restitution they desire.

If you can’t show any of these four elements, you’ll probably fail at getting compensation for the harm incurred to you. You need the help of an 18-wheeler accident lawyer – especially if you […]

Trucking Companies And Their Insurance PoliciesLaredotruck_Accident2024-03-09T18:28:11+00:00

Personal Injury Lawyers: Discusses Drinking and Driving Statistics in Texas

Texas Personal Injury & Wrongful Death Lawyer: Discusses Drinking and Driving Statistics in Texas

Drunk driving is a major problem in the United States. Unfortunately, it’s an even greater problem in Texas. The drunk driving attorneys at our Law Offices share the following intoxicated accident statistics with you in hopes that you will recall them the next time you, or someone you’re with, thinks they’re able to drive a vehicle, even if they’ve had a few drinks.

Texas holds the dubious honor of having the most drunken driving related accidents in all of the United States. In other words, more accidents occur in Texas related to drunk drivers than anywhere else in the country.

When a fatality occurs on Texas roads caused by a vehicle, nearly fifty percent of these accidents are caused by drunk drivers.
Drunk drivers are the cause behind five deaths per day in Texas.
The National Highway Traffic Safety Administration (NHTSA) reported that 1,200 people were killed in Texas in one year as a result of intoxicated drivers.
These drunk driving accident statistics are a grim reminder of the incalculable cost of human lives lost because of drunk drivers.

Regulating the BAC

Furthermore, while steps have been made by the federal and state governments to properly regulate blood alcohol content levels, more progress could be made. Today, every state must enforce a blood alcohol content (BAC) level of .08%. In the early ‘90s, the legal BAC level was .10% for most states. Studies that compared alcohol-related accidents from both time periods showed a marked decrease in incidents after the BAC level was lowered. However, despite this improvement, 16,000 people are still killed every year […]

Personal Injury Lawyers: Discusses Drinking and Driving Statistics in TexasLaredotruck_Accident2024-03-09T18:28:31+00:00

Accident Attorneys: Our Texas Lawyer Discusses Personal Injury Lawsuits

Our Texas Lawyer Discusses Personal Injury Lawsuits

If you have been injured in an accident, you may be eligible to seek compensation for your injuries through a personal injury lawsuit. The state of Texas defines a personal injury lawsuit as a suit brought through a court of law wherein a plaintiff claims to have been somehow injured due to negligence on the part of the defendant. The plaintiff is thereby requesting some sort of financial restitution for those damages.

Put simply, the victim tells the court what happened in an accident and then asks the court to enforce the law and make the defendant compensate the victim for his or her injuries. Experienced personal injury attorney from our Law Offices is here to give you a brief overview of how personal injury lawsuits work. Find more information on this website for Carabin Shaw Attorneys at Law

Elements of a Legitimate Personal Injury Lawsuit

In order to have a strong case, your lawsuit must have three factors:

A solvent defendant
Liability
Damages

A solvent defendant means that the defendant in your case has some means of compensation you for your injuries. This can be an insurance policy (most common) or personal assets, including money or physical assets. Without a solvent defendant, you cannot be compensated. For example, if you are somehow injured by a homeless person who has no money, insurance, or physical assets, that person may be liable for your injuries, but he or she has no means with which to compensate you.

Note that in some cases, defendants will attempt to hide their assets from the court in order to appear insolvent. Our attorneys have […]

Accident Attorneys: Our Texas Lawyer Discusses Personal Injury LawsuitsLaredotruck_Accident2024-03-09T18:28:56+00:00

Pedestrian Accidents are Traumatic at Best

Pedestrian accidents frequently result in serious or catastrophic injuries, including bone fractures, spinal cord injuries, and traumatic brain injuries. Whenever injuries are serious, it is important to obtain the maximum possible compensation for medical care, lost earnings, and pain at suffering. To best protect your legal rights following an accident, it is advisable to contact an experienced and qualified San Jose pedestrian accident lawyer as soon as possible. Our team of pedestrian accident lawyers will arrange for an experienced investigator to reconstruct the accident scene, preserve evidence and interview witnesses. Because we have handled dozens of pedestrian accident injury claims, we understand the important details and steps necessary to maximize your compensation. In the event you were hit by a hit-and-run driver or uninsured motorist, we may be able to help you recover compensation in an uninsured motorist personal injury claim.

Types of Pedestrian Accidents

Pedestrian accidents frequently involve vulnerable individuals, including young children and elderly adults. Children under 16 are statistically most likely to be hit by a car, while elderly adults are most likely to die as a result of a car vs. pedestrian accident. We strive to help our clients recover full and fair damages for injuries resulting from all types of pedestrian accidents, including:

Intersection accidents
Crosswalk accidents
Bus stop accidents
Hit-and-run accidents
Sidewalk accidents
Driveway back over accidents
Parking lot accidents

Pedestrian accidents are frequently the result of negligent driving, such as speeding, texting, and driving, driving under the influence, or driving while distracted. Intersection and crosswalk pedestrian accidents often occur because motorists are visually looking for other vehicles, but are not paying attention to walkers and joggers. More than 5,000 deaths are reported […]

Pedestrian Accidents are Traumatic at BestLaredotruck_Accident2024-03-09T18:29:19+00:00

Car Accident Lawyers should be consulted

Car accidents have become very prevalent in our society as the number of vehicles on the road continues to rise each year. The human population in the United States alone has grown exponentially throughout the last several decades and this has brought a large increase in the number of cars seen on the highways and roads. Due to the natural congestion and higher speeds that vehicles can sustain on roads, there has also been an increase in the number of car accidents seen throughout the country. Luckily, cars have become safer with new inventions and innovations that prevent the occupants from getting injured in the even of an accident. Even with the advent of such safety measures, there are thousands of people who are involved in car accidents every year and there is still a large number of fatalities. The Department of Transportation has reported that there were 32,788 fatalities associated with motor vehicular accidents in 2011, which is actually a 25 percent drop since 2005. While the overall trend shows that there are less fatal car accidents, there are still hundreds of thousands of car accidents every year that cause personal injury or property damage.

Minor Motor Vehicle Accidents

This is where car accident attorneys become very important for people who have been involved in a crash. After you have had a car accident, a lawyer or attorney will be able to help fight for your rights to claim all of the benefits that you are entitled to. If you are the driver at fault, a car accident attorney will also be able to defend you properly […]

Car Accident Lawyers should be consultedLaredotruck_Accident2024-03-09T18:32:06+00:00

Foreseeability in a Personal Injury Case

Legal Elements

Foreseeability in a Personal Injury Case

San Antonio Personal Injury Lawyers » Foreseeability in a Personal Injury Case

What is Foreseeability, and How Does it Affect my Personal Injury Case?

Foreseeability is a prerequisite for determining if someone acted negligently. To prove that someone acted negligently you must prove that there was a duty of care, that duty was breached, these actions caused the injury, and that the victim suffered actual damages. The concept of foreseeability is utilized in determining duty of care, breach, and causation. Consequently, foreseeability is basically the foundation for negligence claims. Foreseeability involves knowing that the act or failure to act presented a danger to others. Being able to foresee something is essentially being able to reasonably predict or know in advance that something would happen. Therefore, foreseeability is being able to reasonably predict or know beforehand that your action or inaction would or could cause another person harm. accident attorneys

How Does Foreseeability Affect Duty of Care?

A person is only responsible for your injuries if they first had a duty of care. The court must first determine whether or not the defendant even owed any duty of care. If they rule that they did owe you a duty of care, they are faced with deeper queries. They then must define the scope of that duty of care. For example, if you are swimming at the beach and you begin to drown, the lifeguard has a required duty to protect you. But how far must he go to make sure that you do not die? Does he only have to pull you out of the water and remove you from that danger, or is he required […]

Foreseeability in a Personal Injury CaseLaredotruck_Accident2022-04-12T19:51:34+00:00

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