Grossman 7/10/20 – Truck Accidents page 2 – gtg




Determining the defendant

As is the case in any form of litigation, one of the first steps in a trucking accident case is to determine the defendant. Doing so in truck accident litigation can be especially difficult since there are so many parties that have an involvement in getting a truck ready for a trip. One or more of them can commit an error that can result in an accident that causes injuries or deaths. More than one error can be committed by more than one party. Should it be determined that more than one entity played a role in your accident, you can take action against all of them, and all of them can be defendants in your lawsuit.

Some of these potentially responsible parties include the company that planned the truck’s route, the company responsible for loading the truck, the manufacturer of the truck or certain parts of the truck, and, of course, the trucking company and the truck driver.

The Company that Planned the Truck’s Route
Of course, there are certain roads that a typical automobile can travel that an 18-wheeler cannot, or at least should not, travel. There are height, weight, and cargo restrictions regarding many roads, tunnels, and bridges that must be taken into consideration when the route of a truck is planned. Because of these complexities, many trucking companies choose to hire outside firms to plan truck routes. Should this company make an error in planning a route, such as ignoring vital road or bridge restrictions that can lead to a dangerous accident, that company can be held accountable for any injuries that occur.

The Company that Loaded the Truck
Often times, a truck is not dangerous on its own. Rather, the manner in which that truck is loaded can present the danger. Most trucks, by law, cannot drive with a load in excess of 80,000 pounds. However, there are a lot of companies that, in an attempt to save time and trips, will overload a truck’s trailer. And when this occurs, a truck is more susceptible to tipping over when it comes around a turn. There are other instances where a company responsible for loading a truck will do an inadequate job of fastening cargo to a flatbed trailer. As a result, inadequately loaded cargo can loosen from the flatbed and lead to an accident that causes an injury. If your accident was caused by improperly loaded or overloaded cargo, then you can sue the company that was responsible for loading the truck.

There are times where a trucking accident is caused by a manufacturer that produces parts with either manufacturing flaws or defects in design. There are lots of parts that comprise a truck, as is the case with most other vehicles, and all of these parts have to operate correctly in order for the truck to be roadworthy and safe. If, for example, the truck’s tires, or the straps designed to secure the cargo, are flawed in some manner and therefore unsafe, fellow motorists could be put in significant danger. If the manufacturer is in some way responsible for the defects or flaws of these incredibly vital parts, and an accident occurs, then that manufacturer could be held liable for any injuries that result.

The Trucking Company
While the truck driver is typically the most directly responsible party when an accident takes place, it is rare that the driver shoulders the entirety of the blame. Normally, an injury victim can sue not only the driver but also the company that owns the truck and employs the driver. Two legal theories exist that allow this to happen. The theory of “direct liability” enables plaintiffs to hold the company that owns the truck liable for the accident that occurred. If the trucking company is guilty of negligence, and the negligence led to the accident that caused your injury, the trucking company is considered directly liable. For instance, if the company that owns the truck was negligent in properly maintaining the truck’s braking system, and a brake failure led to the accident that caused your injury, then you might be able to hold the company that owns the truck directly liable for their negligence in causing the accident.

There are other times where a trucking company did not appear to do anything wrong, and that all the blame for the accident lies with the truck driver. However, under the theory of “vicarious liability,” the company that owns the truck can still be held responsible. A legal doctrine known as “respondeat superior” allows this to happen. This Latin term “respondeat superior” simply means that employers are responsible for the workplace actions of their employees, whether or not the company itself did anything wrong. In the case of an accident involving a truck, this means you can sue the trucking company as well as the driver.

The Truck Driver
Again, the driver of the truck will normally be the party most directly responsible for causing an accident to occur. Truckers can make all kinds of mistakes, both on the road and off of it. They can ignore stop signs, recklessly speed, and make turns that are illegal – basically, drive in a careless manner and pose a substantial threat to all of the other motorists on the road. Often times, though, the biggest mistakes made by truckers have little to do with the actual task of driving. They can skip mandatory rest breaks in order to meet often unfairly stringent deadlines. When this occurs, those drivers exponentially increase the chances that they will fall asleep behind the wheel and cause a devastating accident. Other drivers will take illegal stimulants in an effort to stay awake, posing a danger as well. As unbelievable as it may seem, we have seen many instances where a driver was flat-out drunk and caused an accident. Whatever the reason, if a trucker decided to make his or her delivery schedule more of a priority than your safety, or was intoxicated in some fashion, then you can initiate legal action against that careless driver.

These parties – route-planning companies, cargo-loading companies, parts manufacturers, trucking companies, and truck drivers – are just a few of the many potentially responsible entities that can be sued in the event of an accident. You have to determine exactly which party or parties were responsible for your injury in order to have any chance of getting fair compensation for the losses that you have incurred.








Beware of Self Representation

Representing yourself before these legal defense teams and skilled insurance adjusters is rarely a wise idea. As the old saying goes, any lawyer who represents himself has a fool for a client. This saying is even more appropriate for 18 wheeler mishap claims where the law is more complex and more difficult to successfully negotiate than in the average passenger vehicle lawsuit.

Knowledge of the law is only a tiny portion of the necessary tools in order to be victorious in a trucking accident case. You need a skilled and experienced big rig accident law firm whose attorneys have over twenty years of experience in taking on the strategies of skilled defense lawyers. Like anything, it requires years and years of practice to obtain the necessary skills and experience to be successful in a court of law or at the negotiating table. Are you familiar with answering interrogatories? Can you prepare a demand pocket? Respond to a list of admissions? You will need to know these if you want even the slimmest chance of winning in court.

You need a truck accident law firm with a considerable record of success so that insurance carriers will negotiate with you in good faith and offer a full and fair compensation settlement then risk going to trial with one of the nation’s premier truck accident law firms and losing a large compensation award. Our attorneys have taken on and defeated every single major insurance company in the United States, and we have recovered millions of dollars in compensation for our clients. These companies and their defense attorneys have no fear of non-lawyers and novice attorneys because they know that they will defeat inexperienced parties. They do, however, fear our Law Office. When our attorneys threaten a lawsuit, these companies prepare to settle. They do not wish to face us in a court of law.

What Can You Do?
The first thing you need to do is take the actions necessary to preserve the evidence in your case. You need to hire legal representation as soon as possible so that your lawyer can begin investigating the accident before it is too late. Every second you delay, is a second where evidence is degraded or disappears, for example, accident sites get cleaned up or weather destroys subtle but crucial evidence. Our Law Office thoroughly and meticulously investigates the scene of the mishap to collect the substantial evidence necessary to prove the truck driver, trucking company, etc., negligent and responsible for your injuries and losses. We will measure skid marks to points of impact, we will review any surveillance video, we will examine police and fire department records, we will inspect the involved vehicles, in short, we will do what it takes to gather the evidence to win your case.

In one case we handled, we had two clients, one who was severely injured, and the family of another victim who was killed in the same accident with an 18 wheeler at night. The truck driver left his trailer completely lying across the road, with his trailer acting as a complete barrier to any oncoming traffic. As noted, this accident happened at night and the trailer involved did not have any lights on its side to indicate its presence, in effect, the trailer was invisible to any traveling motorist. Our client drove around a corner and smashed directly into the trailer and the top of the automobile was completely shorn off and killed the driver instantly while the passenger was severely injured. The next day our services were retained and we rushed our attorneys to the accident scene to begin our investigation, but by the time we got there, the passenger vehicle had already been towed to the junkyard. After we arrived at the salvage yard, oddly, we found that the destroyed car was missing its headlights. As with the case mentioned above, our attorneys noticed a surveillance video at the junkyard and they asked to review the video. On the tape, our lawyers found an employee of the trucking company trespassing and stealing the car’s headlamps. Later, at trial, the trucking company tried to argue our clients were at fault for driving at night without headlights installed in their car. Not only did we embarrass them and win at trial, but we also exposed criminal wrongdoing and now the trucking company will be held liable for that behavior.

It was a good thing our clients contacted us when they did. The surveillance video was set to automatically erase and begin re-recording every forty-eight hours. Had our clients delayed, chances are that this crucial evidence would have been destroyed and the chances of our clients recovering fair compensation would have been diminished. Investigating immediately is the best chance you will have of recovering the necessary evidence you need in order to receive full and fair compensation.

We Can Help
The trucking accident law firm at our Law Office has been using its deep knowledge and experience of personal injury and wrongful death law involving tractor-trailer accidents in Texas for over twenty years. If you have been harmed in a big rig mishap, we can help you recover fair and adequate compensation for your injuries and losses, and we can help you seek justice as well.

If you or a family member has been involved in an 18 wheeler accident in Texas, call us for a free consultation to discuss your legal or other alternatives.


Truck Accident Lawyer Explains Why You Should Never Trust the Insurance Company After an Accident

It’s simple advice that’s been proven time and time again. In the many cases our Law Office has seen over our twenty years of practicing law: Don’t trust the insurance company. You may have already gone through a negative experience with an insurance agent or insurance company.

On the other hand, maybe you’ve never had to deal with an insurance agent and aren’t aware of the possible pitfalls that can occur when seeking compensation for a claim. In either case, there are many instances where the interests of the insurance company often outweigh your best interests. In other words, some insurance agents might not be quite like good neighbor. Because insurance agencies are still a for-profit business, this often means that, if an insurance agent can deny our greatly lessen your claim, they stand to save their company the most amount possible. In other words, your loss is often their gain. The Texas truck accident law firm of our Law Office provides the following story as proof that you shouldn’t automatically trust the insurance company.

When An Insurance Company Takes Advantage
As an example of the statement, “Don’t trust the insurance company,” a woman once contacted our Law Office after her husband and the father of her children was killed while changing a flat tire on the side of the road by a reckless 18-wheeler driver. Because the truck driver knew he was at fault, he contacted his company, and his company subsequently contacted their insurance company. This insurance company then quickly deployed a team of highly trained professionals, involving accident recreation specialists, defense attorneys, and top-notch insurance agents, to the field in order to pursue all possible routes towards vindicating the negligent driver. However, this team was unsuccessful at disproving the driver’s fault at the scene of the accident.

But insurance agencies, especially in the case of accidents involving 18-wheelers where large sums of money are on the line, seldom give up so easily. Employing an oft-used tactic that preys on the emotional vulnerability of those in the initial stages of the grief process, this particular insurance agency sent an agent to visit the recently bereaved woman while she was at the morgue identifying her husband’s body. Hoping to catch her during this understandably difficult time, the insurance agent was attempting to get her to agree to a settlement offer that was far less than fair. Fortunately for the woman, her brother was also there and was able to escort the offensive insurance agent away from his sister. This is a common tactic that often results in an aggrieved party agreeing to a less than fair settlement because they were not in the right emotional or mental state to make a rational decision regarding their legal rights. If you ever happen to be in the same circumstances, it’s in your best interest to contact competent legal help before agreeing to any settlement offered by an insurance agent. As a reminder, it’s best to have a healthy skepticism when it comes to what an insurance agent may be offering you, or, in other words, don’t trust the insurance company.

The saga continues. The lady who lost her husband because of a negligent truck driver simply wanted fair compensation in order to take care of herself and her three children in light of her husband’s death. Assuming that this was quite fair grounds for compensation, she agreed to later meet face-to-face with an insurance adjuster. This seemingly innocuous meeting would eventually be the undoing of any possible legal remedies she could have sought in a wrongful death lawsuit.

For starters, the insurance agent blatantly lied to her that she would only receive compensation for her husband’s lost wages if she chose to sue the insurance company. The agent was fully aware of his lie, but the woman believed he was telling the truth. The truth was that many different types of damages could be sought in such a case, including loss of future earnings, which would have likely greatly increased the amount of compensation this lady could have received. Because she believed the insurance agent honestly had her best interests at heart and was telling her the truth, she stood to lose a sizable, and justly due, amount of compensation because of her innocent and trusting nature. Since she was under the impression that this was the only way she would ever receive any type of compensation, and that this would be the only way in which she’d be able to take care of herself and her family, she was on the brink of signing the insurance agent’s prepared papers in order to agree to the settlement.

However, she still had some misgivings about the situation and asked if she could speak with a lawyer before signing the papers. Rather quickly after that moment, an attorney arrived at her door, looked over the papers, and agreed that the settlement was fair and likely all she would receive. Because of this “outside” source of knowledge, she signed the papers, agreeing to a paltry settlement that was far less than what was fair or necessary for her to able to provide for herself or her family. What she was not aware of in this particular situation was the fact that the lawyer who happened to appear at her house at the right time was in fact hired by the insurance company to do exactly what he did. In other words, the “outside” attorney was in fact “on the inside” and was going to always agree that the settlement was just and all she could hope for. Her innocence in dealing with insurance companies was taken advantage of, and she wound up losing immense amounts of possible compensation because of it.

Unfortunately, by the time the wrongful death attorneys at our Law Office had been contacted by this woman and told about her case, we were unable to assist her as she’d already signed proper documentation. By accepting a settlement, she was then legally prevented from bringing a lawsuit against the negligent driver’s insurance company. Had she contacted us at anytime prior to signing the dotted line, we would have likely been able to help her see all of her possibly legal remedies, and she would have known that she should have likely been compensated for her husband’s loss of future earnings, her own pain and suffering, and funeral expenses. She could have stood the chance to have received over a million dollars in compensation for everything she had been through. However, because of the often unscrupulous and unethical tactics of some insurance companies, and because she believed the lie that her best interests were being looked after by these insurance companies, she wound up with a settlement that included only a few years of her husband’s lost wages that eventually devolved to a measly $600 per month once her children became independents. The sad but true conclusion to this story isn’t that she lost so much, but that the insurance adjuster involved likely received a raise, a bonus, or a promotion for what they did.

Get Legal Help from our Law Office Before Dealing with an Insurance Company
Don’t let what happened in the story above happen to you. By contacting our Law Office quickly in the aftermath of a personal injury, auto accident, or wrongful death case, you can be sure that will work assiduously to protect you from the sometimes unethical treatment and tactics used by some insurance companies. Especially as the stakes of an accident case escalate, such as in the event of wrongful death, it’s vitally important to have experienced legal help on your side to ensure that insurance companies are held liable for the policies they provide to their clients and for their clients’ negligence. Our Law Office has two decades’ worth of experience in personal injury and wrongful death law, as well as a proven track record of success in seeking full and fair compensation for our clients. Call us for a free consultation, especially if you think you might be in over your head dealing with an insurance company. We will listen to the details of your case and inform you as to your possible legal remedies for compensation. Above all, remember one thing: Don’t trust the insurance company. They may not always be on your side, but the Texas personal injury and wrongful death law firm of our Law Office is.


Grossman 7/10/20 – Flatbed Trailer Accidents – gtg



The policies of big insurance companies
When you possess something that is valuable, you will tend to do whatever you can to protect it, as compared to what you would do to protect things that might not be worth as much. For instance, many of us have insurance on our house, but we wouldn’t insure, say, that 20-year-old lawnmower in the garage. The insurance business works under a similar philosophy. A typical car insurance policy is akin to the old lawnmower, while a flatbed trailer policy is more like a house. As such, insurance providers will often go to extremes in order to protect a flatbed trailer policy because it can be several times more expensive than the typical automobile policy. If you have suffered an injury due to an accident involving a flatbed trailer, the insurance carrier is well aware that you may be due a substantially higher amount of compensation than you would get if you had been injured in a typical car accident. Therefore, the insurance provider will do whatever it can in order to either pressure you into accepting much less than you have coming in terms of a settlement or deny your claim flat-out.

Because flatbed trailer policies are so expensive, insurers will dispatch their best adjusters to defend the claim. They will also send a team of expert defense lawyers who are intimately familiar with each and every technicality involving insurance law. This defense team will immediately investigate an accident scene in order to start collecting evidence they will use to attempt to prove the accident was your responsibility. Their adjusters will descend upon you immediately after the accident as well. These aren’t the friendly agents you may encounter after a regular fender-bender. They are, instead, licensed pros who are the very best their profession has to offer. They got to where they are by proving to be very adept at denying claims on a regular basis. These adjusters will make it their mission to make sure your claim is denied as well.

It can be very, very troubling to deal with an insurance company by yourself. The adjuster will constantly badger you in an attempt to admit that the responsibility for the accident lies with you alone. Either that or they will try to trick you into admitting that you’re not really as hurt as you’re letting on. When they have a conversation with you, they will record your words and twist those words to suit their purposes by damaging your case and having your claim denied. The flatbed trailer accident attorneys with our Law Office, however, know how to deal with insurance company representatives, and have been doing so successfully over the last two decades. In fact, we have defeated nearly every major insurance carrier in the nation. As a result, they are very familiar with our track record of success, and we can use that reputation to pressure them into making our clients a fair settlement offer.


Trucking companies that are self-insured
It can be bad enough dealing with the harassing and sometimes intimidating tactics that insurance adjusters employ. Again, they will constantly call you and try to trick you into admitting you were completely responsible for the flatbed trailer accident, or to admit that you really aren’t hurt that badly. But dealing with a representative of a self-insured trucking company can be even worse if you don’t have a seasoned flatbed trailer accident attorney by your side protecting your rights.

Trucking companies, by law, are required to carry insurance on their trucks. But rather than pay the often exorbitant rates necessary to carry insurance through a traditional provider, some trucking companies opt to insure themselves. They do so by putting aside a portion of their revenues to protect them from lawsuits when an accident takes place. Of course, this is perfectly legal.

If you are involved in an accident with a truck that is owned by a self-insured trucking company, you will probably encounter a company officer and not a professional insurance adjuster. That officer is probably part of his or her company’s profit-sharing plan. If the trucking company loses the case, then its profits are reduced. Therefore, that officer will be personally losing money if his or her company loses its case. So you can see the motivation that the officer will have to make sure your claim is denied, or that you win as little money as possible. Also, these officers are not licensed as are insurance adjusters, who have to adhere to a code of ethics in order to maintain that license. Self-insured trucking company officers, however, are under no such obligation. Therefore, while an adjuster can be aggressive, a self-insured trucking company officer can be downright harassing. Some officers are not above tampering with evidence or threatening accident witnesses, and even injury victims. The flatbed trailer accident attorneys with our Law Offices know how to put an abrupt end to those underhanded tactics, and we know how to protect our clients from the harassment of self-insured trucking company officers.


The Burden of Proof a Plaintiff Bears

There is another formidable hurdle that the plaintiff in a flatbed trailer accident case has to surmount, and that is bearing his or her burden of proof. As unfair as this may sound, the law in Texas is under the presumption that a defendant owes nothing to a victim. The injury victim has to bear the burden of proof, which means he or she has to provide the necessary evidence to prove that he or she should receive damages. Should that plaintiff fail to produce that evidence, then he or she will not collect a thing. In every flatbed trailer accident case, the plaintiff needs to prove four elements in order to win a case. These elements are duty, breach, causation, and damages.

The first burden the plaintiff has to prove is that the defendant in the case owed the plaintiff a duty of care. This is typically a pretty straightforward element. Every person owes every other person a duty to act in a manner that a reasonable person would act in order to make sure they do not injure another person. In the event of a flatbed trailer accident, the driver of the flatbed owes all other motorists sharing the road the duty of care to drive as a reasonable person would drive. As we mentioned previously, there could be other parties that owe you a duty of care as well, such as the trucking company that hired the driver, the company that loaded the cargo, the company the planned the route the truck took, etc.

Next, the plaintiff must prove that the defendant breached that duty of care owed to the plaintiff. The plaintiff has to produce evidence that establishes that the defendant acted in a manner that was unreasonable, and harm was caused as a result. Say the driver of the flatbed trailer involved in your accident ran a red light, and you suffered harm as a result. In this case, the driver’s actions would probably be considered unreasonable.

In order to prove the third element, causation, the plaintiff has to prove that the actions or inaction of a negligent party were the cause of the injury the plaintiff suffered. For example, if your flatbed trailer accident took place because the cargo on the trailer became loose, then you could possibly show duty and breach in that the company that loaded the truck did not properly secure the cargo. However, if that cargo remained in place through the entirety of the accident, then the people who loaded that truck would probably not be to blame for causing your injury, and thus you will not be able to prove causation in this instance.

The final element you must prove is that you are owed a certain monetary amount of damages that will properly compensate you for the injury that you suffered. The damages you can receive depend upon the “price tag,” so to speak, associated with the injury that you incurred. Of course, you will have to produce proof of this as well. You can’t just tell the judge or jury that, since the accident, you have been in constant pain – in order to prove damages, you have to provide medical proof of that pain, and how much your previous and future medical care will cost. Should you not be able to get back to work, then you will have to accurately calculate how much you have lost in wages, and how much you will lose in potential future earnings. And then you have to calculate the non-tangible damages such as pain and suffering, loss of consortium, and others. Can you put a price tag on emotional trauma? If you want to get the maximum compensation that you have coming to you, you had better figure it out, and that can be incredibly difficult without an experienced legal representative. If you have an inexperienced attorney, or you try to do this yourself, it will be just about impossible. The flatbed trailer accident attorneys with our Law Office are very familiar with how to calculate damages, whether they are objective or subjective. Over our 20 years of litigating these kinds of cases, we have more than likely seen several that are quite similar to yours. Once we hear the specific circumstances surrounding your flatbed trailer accident case, we will be able to accurately ascertain the amount of damages that you are entitled to so you get the just compensation you deserve.

It is imperative that you have a skilled and seasoned attorney by your side, whether or not your case goes to trial. The attorneys with our Law Office are extremely adept at collecting evidence and preparing it in a manner that will satisfy all four elements of your flatbed trailer accident case.

How a Flatbed Trailer Accident Attorney Can Help You
If you have suffered an injury due to a flatbed trailer accident, the attorneys with our Law Office can fight for you and protect your rights. We take care of every single component of your case, from the start to the finish, and keep you completely up to date on how your case is progressing. These are but a few of the services that we provide our clients to help win their case and help them obtain the fair restitution they deserve:

No matter what caused the flatbed trailer accident that led to your injury, whether it was the trucking company’s negligence, the company that planned the route, the company that failed to secure the cargo, or some other reason, please call the flatbed trailer accident attorneys with our Law Office as soon as you can. We will give you a confidential and free consultation; listening to all the specific circumstances surrounding your case, answering any questions you may have, and evaluating the strength of your case.


Grossman 7/10/20 – Car Accidents page 2 – gtg





Inadequate Settlement Offers from an Insurance Company
There are many instances where an insurance adjuster will try and get an injury victim to accept a settlement that won’t come anywhere close to properly compensating that victim for all the expense, pain, suffering and more that he or she has suffered. This is especially true of adjusters preying on injury victims who do not have legal help. The only purpose of this kind of low-ball offer is that an insurer knows there is every chance it will wind up having to pay a great deal more money in a trial. If you have received such an offer, you can almost guarantee that you have a substantial amount more coming to you. NEVER sign any sort of document handed to you by an insurance company without having a lawyer by your side. If you should sign a waiver of liability, or some other document that eliminates your right to sue in the future, you have signed your case’s death warrant. Not even the ghost of Clarence Darrow, or the world’s greatest living lawyer, could do anything to help you if that happens. If you enlist the help of an experienced accident attorney will shield you from the tactics insurance companies use to fleece injury victims, and will make sure it offers you a truly equitable settlement that compensates you fairly for the harm that has befallen you. You need not short-change yourself.

Your Word Against that of the Other Driver
Many people believe perception is reality; most of the time when an accident takes place, there will be multiple versions of what took place and who was to blame. Of course, those versions will often be in conflict. Should this be the case in your accident, you have to produce evidence that will support your side of the story. However, procuring this precious evidence takes the keen eye of an experienced, professional investigator. If you cannot produce this evidence, you stand very little chance of winning – and if you don’t have legal representation, you have very little chance of finding that evidence. There is basically no way you can win a case by choosing to rely solely on your testimony, no matter how compelling you believe your argument to be. And if you don’t win, you will leave the courtroom with nothing. The accident lawyers with our Law Office have honed their investigatory skills over the last 20 years and will launch an investigation into your case as soon as we are hired. We will gather the evidence you need to prove your case and get critical witness testimony so you don’t have to worry about saving your case through your own words. From the trial and error associated with litigating countless other cases, we know that compelling evidence is a client’s best possible chance of securing just restitution.




Car Accident Attorney Explains What To Do After A Car Wreck

If you or a loved one has been in a recent car wreck, it’s important you take steps to protect your rights. At some point in our lives, the majority of us will experience involvement in a car accident. Most of the time, a car accident is nothing more than a simple fender bender that causes minor property damage. In other incidents, wrecks can be traumatic and devastating events, leaving permanent scars on the lives of the passengers and drivers involved.

Regardless of if your accident was a simple fender bender or one more serious, you are most likely entitled to seek compensation for the physical, emotional, and financial injuries you suffered as a result of that crash. How much money you are entitled to and the degree of difficulty to collect it depends on the highly individualized circumstances of your accident. In a few instances, you may be able to protect your rights on your own, but generally, hiring an attorney is the only way to recover the full amount that your case is worth. Our auto accident attorneys will highlight some of the basics of car accident litigation in Texas.

Do You Have A Claim?
Nearly every one of us will get into a car accident during our lives. So how can you know if you have a successful case against someone to reimburse you for injuries? In most cases, an accident victim is only entitled to collect compensation for his injuries if he can prove in court the four elements of a car accident claim. Until you demonstrate that the law and facts reveal the defendant is required to pay you money, the defendant in your case will be presumed “innocent.”

The four elements in a car accident claim you must prove in order to recover for your accident injuries are duty, breach, causation, and damages. We’ll discuss each of these four elements in detail below, so you will know the precise requirements to prove you’re entitled to compensation.

The initial requirement for a successful car accident case is to prove the defendant owed you a duty of care in exercising a certain standard of caution to make sure you would not sustain an injury. The law sets this level of duty of care that one person owes another, and it depends on the circumstances of the situation and the relationship between the involved parties. Proving the defendant owed you a minimal duty of care will most likely be straightforward because almost all drivers owe each other the duty to operate their car as a reasonable person would to keep others safe. This “reasonable person standard” will probably be applied to the defendant in your case.

After you show the defendant owed you a duty of care, you’ll need to reveal how he breached that duty of care. Usually, this requires demonstrating the defendant drove in a way a reasonable person would not have driven. Your defendant can be held responsible for any consequences that resulted from his negligent actions if even for just a moment, he drove unreasonably. Proving the defendant breached his duty of care often requires you to bring to court evidence to precisely demonstrate what the defendant did or failed to do. The jury in your case will consider your evidence and the evidence of the rest of the circumstances around the defendant’s actions to decide if the defendant’s behavior was indeed unreasonable. Actions such as driving while intoxicated, driving at nights without headlights on, speeding recklessly, or running through red lights, can all constitute a breach of the defendant’s duty of care.

You’ll have shown the defendant in your case was negligent, once you’ve proven the elements of duty and breach. However, showing negligence is not enough to hold the defendant responsible for your injuries unless you also show the defendant’s negligence caused the wreck. Often there are several parties who could potentially be at fault in a car accident – pedestrians, other drivers, and even you could be framed as potential suspects by the defendant. Your defendant will probably do everything he can to avoid liability. He’ll try to convince the jurors that a third party caused the wreck, your injuries existed before the accident, or you caused the accident yourself. So it’s crucial you have sufficient evidence to prove it was the defendant’s conduct that caused you harm.

Finally, after having proven the defendant’s liability, you’ll need to show how much in damages you are entitled to collect from the defendant. The term “damages” does not refer to your injuries. It refers to the monetary value of your injuries or the amount of money you will recover if you prevail in the case. You’ll need to determine exactly what you’re owed and give evidence of your injuries and losses to support those calculations, in order to prove what you’re entitled to collect. Losses such as loss of earning capacity, lost salary, medical bills, repair bills, and pain and suffering can all be recovered as damages.

As you’re calculating how much you think you’re owed in damages, your defendant will also be performing the same task. In a car wreck case, the amount of damages is usually a contested issue. If the jury finds the defendant was liable for the wreck, defendants calculate how much they think they owe accident victims. Defendants often allege they owe you much less than your calculations, and that you are unfairly asking for more than the real value of your injuries. So to show the jury the calculated amount is fair, and the defendant is simply making a last-ditch effort to avoid his negligence, you must have available evidence of your losses to substantiate your figures.

It’ important to figure the full amount of damages because you only have one attempt to demand all you are entitled. Yet, unless you’re experienced, accounting for all these losses can be difficult. For instance, how do you calculate an amount for an intangible loss such as pain and suffering? When figuring lost earning capacity, how do you allow for possible raises and promotions you would have earned if still working? If your medical treatment is continuing, how do you summarize your medical bills? The car accident attorneys at our Law Office understand how to make all these calculations and determinations so you can recover the full amount possible.


Insured and Uninsured Defendants

All drivers in Texas are required by law to carry insurance on their vehicles. However, many drivers choose to drive uninsured, thereby driving in violation of the law. Whether an insurance company is involved in your case can determine the legal process and the ultimate outcome of your case against them.

Suppose both drivers involved in your wreck were insured and ultimately, an insurance company will be responsible for compensating you for your injuries. This can actually be beneficial to an accident victim because in most cases, it means if you succeed in bringing your claim, there will be some amount of money available to compensate you for your losses. However drivers often carry minimal coverage on their cars, and if the accident was severe, the insurance policy may not completely reimburse you for your losses. Just because there is money theoretically available in an insurance policy to compensate you for the losses, doesn’t guarantee it will be simple to get your hands on the money. Any time an insurance company is involved in a case, you’ll be up against intimidating adjusters, accident recreation specialists, defense attorneys, and investigators whose goal is to see you don’t win your case.

On the other hand, the other driver involved in your accident may be uninsured and you don’t have uninsured motorist coverage either. If there is not an insurance company involved in your car accident litigation, you won’t have to deal with their aggressive lawyers, adjusters, and other professionals who are determined to see your claim is denied. However, you’ll need to worry about the other driver’s solvency, since he will probably be responsible for paying for your injuries. If the defendant is insolvent, it simply means he doesn’t have enough money to compensate you for your injuries. There’s usually no logic in pursuing litigation with an insolvent defendant, even when you can prove he is liable for your losses. It’s a sad fact of life that accidents victims are frequently unable to recover compensation from insolvent defendants that can’t pay up.

Then sometimes a driver involved in an accident, will try to hide his assets, just to give the illusion of being insolvent. If you have a suspicion this may be true in your case, the auto accident attorneys at our Law Office can do an asset check on the defendant to discover how much he is actually worth. We’ll find money if it’s available, and then work to help you obtain your fair share of it.



How to Choose The Personal Injury Lawyer Who Is Right For Your Case

With so many car accident attorneys, how can you determine which one is the best choice for your case? Our personal injury and car accident attorneys recommend interviewing two to three lawyers before making a hiring decision. Question each attorney about their track history for settling and litigating car accident cases and get feedback from each attorney about the strengths and weaknesses of your case. See if they can provide names of former clients whose cases have similarities to your case. Don’t hire a lawyer until you’re confident about his experience and competence in handling cases such as yours and confident he is someone you can trust with your case.

The car accident attorneys at our Law Office have been litigating car accident cases for the past two decades and have won favorable settlements and verdicts against nearly every major auto insurer in the United States. Insurance companies know our name, and often, because of our reputation, we can influence them into giving our clients special treatment. Our goal is to make the legal process as easy as hassle-free on our clients and to assist them in recovering as much as possible for their injuries.

Don’t lose your important case because you didn’t think it was necessary to have an attorney in your corner. Call our Law Office for a free consultation. We’ll inform you whether you need a lawyer or not, and the reasons why. We can discuss all the options available to you and explain how we can help you in your case, so you can get back on your feet and move forward confidently into the future.