legal 5/19/2020

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Understanding Workers’ Comp Non-Subscriber Compensation and Your Legal Rights in Texas Texas
If you’ve recently been hurt on the job it is extremely important that you seek the help of an experienced legal professional who specializes in work-related injuries, especially if there are negligent parties who do not subscribe to Texas Workers’ Compensation. Without an experienced work injury lawyer, you have virtually no hope of receiving the fair compensation you deserve.

Work injury cases can be some of the most complex in the legal world. The precise approach in handling your case depends on a large number of variables. But the most important point is first learning the truth of whether or not your employer subscribes to workers’ compensation. If he or she does subscribe, the employer is protected from further litigation and all you must do is file a claim through the workers’ comp program. Because it greatly benefits them, a lot of Texas employers may tell you they have workers’ comp, even when they are actually non-subscribers. As you read further you’ll understand why.

And though some aspects of workers’ comp law do apply to a non-subscriber case; a clear understanding of it is essential in your understanding of the specific strategy that your work injury attorney with our Law Firm can craft for you. So, if you want to receive every compensation dollar you deserve from a workplace injury, regardless of whether workers’ comp covers your employer or not, you must get help from an experienced attorney.

Understanding Workers’ Comp is Necessary, Even if it Might Not Apply to Your Work Injury Lawsuit
Workers’ compensation is essentially state-sponsored group insurance. It is nothing like a privately underwritten liability insurance policy that a non-subscriber to workers’ comp would purchase. Due to intense pressure by the insurance industry and their lobbyists, the legislature created and modified original (over 50 year old) state workers’ injury compensation program around 10 years ago. Today, workers comp is a complicated government bureaucracy. It protects employers from lawsuits and generally disregards the legal rights of employees to be fairly compensated for serious injuries when the employer is truly negligent. Workers’ comp benefits come out of a “pool” of funds that are provided by private insurance carriers. In Texas, employers may elect not to subscribe to workers’ compensation insurance.

Employers who participate in workers’ comp fund this insurance pool through the premiums they pay through the participating insurance companies which, in-turn, band together to provide “umbrella insurance coverage” to the workers of the participating employers. Today, around half of Texas’ businesses participate in the state’s workers’ comp program and are virtually bulletproof when it comes to civil actions being filed against them for workplace injuries. It is assumed (but again, not required) that non-subscribers get their liability coverage from a commercial insurance carrier. So if you are injured on-the-job and your employer is a workers’ comp non-subscriber, you have every right to seek a claim from their insurance underwriter if they have private coverage, or in court from them directly through a civil action if it turns out they have no coverage at all.

Workers’ comp insurance provides some benefit to injured employees: and if their injuries are not serious, it can be pretty good for them. If your employer subscribes to workers’ comp and you are injured on the job, you will receive some reimbursement. It doesn’t matter how the accident occurred or whose fault it was because it’s “no-fault” insurance. But many times the amount of money you receive doesn’t cover the actual expenses of a serious job-related injury. And since employees of subscribers cannot file a lawsuit those employers, but still need payment for their injuries, we have helped many identify all liable third parties from which they can receive a more equitable settlement, in addition to their workers’ comp claim. More often than not there are third parties involved in such serious injuries that an investigation by the injury attorney will reveal.

For example, if you are hurt at a construction site and your employer’s workers’ comp covers your injury claim, you can’t file a lawsuit. But many construction site injuries are often the fault of at least one third-party and maybe more. Let’s say you are hurt in a scaffolding collapse and the equipment belongs to a subcontractor who didn’t properly assemble it. The subcontractor is liable. The company that built the scaffolding might also be liable if your injuries are due to a defect in the equipment and you can likely file a product liability claim against the scaffold’s manufacturer. So even if you cannot file a lawsuit against your workers’ comp-covered employer, you may have non-subscriber options that allow you to seek fair compensation for your job-related injuries over-and-above a workers’ comp claim. Our work accident injury attorneys will help you identify all likely defendants in your case.

And don’t forget that your employer may claim to have workers’ comp when he or she in fact does not. Employers may even try to quickly pay you benefits you would receive from workers’ compensation insurance and ask you to sign what they may represent as a “standard release” in order to further their deception. Your Texas non-subscriber work injury attorney will thoroughly investigate your employer and determine whether or not he or she has workers’ comp coverage. If your employer doesn’t and you have a very strong claim, we can help you file and win a powerful non-subscriber lawsuit.

If a third party is a workers’ comp subscriber for his employees, but is involved in your injury claim, you can file a work injury lawsuit against this person or company because you are not an employee, And of course, any third party may also be named a defendant in a non-subscriber lawsuit.

Is the Money Paid by a Workers Compensation Claim Really That Bad?
To us, workers’ comp payouts for serious injuries can be described in one word: appalling.

Victims of a job-related accident whose employer has workers’ comp receive no-better-than 70% of their lost income. But there is a $600 weekly a cap. So a carpenter who earns $70,000 a year and suffers a serious job-related injury, his workers’ comp coverage pays no more than a measly $600 per week in lost wages as he recovers from your injuries until he returns to work. And even that benefit runs out in 26 weeks unless he files for permanent disability. With such little compensation, hopefully that carpenter will recover quickly

There is another glaring danger to employees who are awarded workers’ comp claims. The amount they receive does not take into account the true value of lost future potential income. If you were to suffer long-term disability and cannot return to work, the most you would ever get from your employer’s workers’ comp disability is that same $600 workers’ comp amount per week for the rest of your life, through you previously earned about $1400 every week. Now you may receive an additional disability one-time lump sum, but that total amount of workers’ comp disability is insignificant when compared to the total amount of your lost future income.

And for some, it gets even worse. Let’s say you’re an employee at a warehouse in the evenings while you work your way through graduate school during the day to become a CPA. You suffer a serious spinal injury on the job, and are physically unable to work or even continue your education. You still receive the same 70% of only your warehouse salary for the rest of your life. And since healthy CPA’s often earn ten times that of a warehouse worker ($10-$12 an hour if you’re lucky) you lose a huge amount of potential income: certainly seven figures or more, from the many years you would have earned that huge accountant salary. This poses disastrous consequences for injured workers and their families. Lost future earnings is where the insurance companies that contribute to the workers’ comp coverage pool make a killing at worker-expense because they are immune to fairly compensating you for lost future earnings.

Is it any wonder why you must have an experienced Texas work injury lawyer in Bexar County who can effectively investigate your case and represent you? If your employer does not have workers’ comp, you must know so that you can recover a fair settlement for your injuries. And regardless of whether or not your employer has workers’ comp or not, you and your attorney must immediately begin the search for every third party who’s liable for the injuries you have suffered at work, so that together we can aggressively pursue all legitimate claims against them. Our workplace injury lawyers build strong cases. And we tirelessly fight for your right to win the fairest compensation you deserve.

Here’s How Non-Subscriber Lawsuits Work to Fairly Compensate You
In non-subscriber injuries, you have a right to file a traditional personal injury lawsuit against your employer to compensate you for a variety of damages. They may include:

The income you lost for the time your injury prevented you from working.
Your diminished earning capacity if there is long-term disability.
All of your medical expenses, including long-term healthcare if there is a disability.
Property damage.
Your physical pain and suffering.
Mental or emotional distress that you suffer due to your injuries.
With the help of their experienced attorneys and insurance companies (if they are insured) liable employers try to frustrate an injured employee’s claims by alleging that you and only you, the employee, are responsible for your workplace injury. In your plaintiff lawsuit, you are accusing defendants of being the proximate cause of the accident. Your insurance and legal opponents are essentially turning the tables and accusing you of the very thing they have done: You did it to yourself. You and your attorney must disprove those allegations and keep the spotlight where it truly belongs, your employer.

If you suffer a lifting injury at work, your employer might claim that since you were working alone at the time and there are no witnesses, your injury is your fault. But if our attorneys can connect the responsibility for your injury back to your employer, it’s much easier to prove negligence and the odds of winning your case get much better.

One way to prove employer negligence finds your attorney proving your employer’s inability – or refusal – to give you proper safety training or the right safety equipment. Or another might reveal that your boss didn’t tell another employee to help you lift an obviously heavy object and caused your injury. And there are several other ways a skilled attorney can turn the tables on your employer and prove negligence as the cause of your on-the-job injury, not you. The burden of proof is on the plaintiff (you). But so is the burden to disprove everything that defendants accuse of you. And sometimes those countercharges can be patently false and ridiculous.

Proving employer liability for an injury usually calls for intricate tactics so a jury understands the more discrete standards of legal liability. Our experienced attorneys are thoroughly familiar with non-subscriber work injury law, know how to prove your injuries were caused by your employer’s negligence and lay the real blame for them at your employer’s feet. The work injury attorneys at our Texas Law Offices effectively help you prove your case and win the fair compensation you need in non-subscriber injury cases against your employer and any liable third-parties who contribute to your on-the-job accident.

Are You Really an Employee? Non-Subscriber Defendants Love to Claim You are Not
Many employers, regardless of whether they are workers’ comp subscribers or not, mistakenly believe (or purposefully claim) that their employees are “contractors:” which allows them to escape liability in work injury cases. This is because Texas work injury law states that only “traditional” employees are eligible to file work injury lawsuits, not contractors. But Texas law does not provide clear guidelines for determining employee status for the purposes of civil liability. This means an experienced work injury attorney must rely on previous rulings to determine whether a worker is an employee or contractor. In Texas, the sum of current “case law” is very clear. “In terms of civil liability, an employer-employee relationship is determined by the actual working relationship between employer and employee, not by a contract.”

Numerous conditions can establish an employer-employee relationship. The most straightforward is a variety of different documents that either state you are an employee, or gives clear public indication on the part of the employer that you indeed are. One clear-cut example is if a worker is performing services that are unique to an employer’s business. For instance, if a person works at Wal Mart, wears a Wal Mart shirt and badge, and serves Wal Mart customers, that person is a Wal Mart employee, regardless of the presence or absence of any sort of “contract” this person might have signed.

Over the past ten years, the line between who is “technically” an employee and who is not has become very confusing for non attorneys or inexperienced lawyers and, in some cases, very murky. Sometimes you, or your employer, might think you are an employee when you are, in truth, not. Many employers make the mistake of believing that by hiring contractors, they can automatically escape liability in work injury cases. And other non-subscriber employers may know full-well that you’re an employee, but purposely mislead you into thinking you are a contractor.
But this general topic brings a couple other important points that may or may not apply to your specific case. If you were hired by an employment agency to work at an “employer’s” company and suffered a workplace-related accident, your attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp claim against the agency, which would then make the company where you actually performed the work a third-party defendant in your accident injury civil case. And if the agency is a non-subscriber, then it’s non-subscriber claims across-the-board.

Also, if your employer loaned you out to another company where the accident occurred, the issue of workers’ comp subscription is the primary determiner of your legal strategy and the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or suit. Again, if all defendants are non-subscribers, then workers comp will not apply in any way.

Why Should I Fear my Opponents In a Workplace Injury Case?
In all non-subscriber and third party injury claims or cases, the defendants often have large insurance companies with gifted attorneys to fight your compensation rights at every turn. And other times your employer is either “self-insured” or uninsured. They too fight just as hard, and are capable of underhanded and sometimes vile tactics to avoid paying for your workplace injuries.

Non-subscribers are represented by insurance companies most of the time. Their carriers use complicated delaying tactics and dispute you at every turn. Their attorneys are usually either in-house, or on-retainer. They are very good at defending insurance companies from people like you every day. Insurance companies are in the business of collecting high premiums and stubbornly avoid paying reasonable claims. They make you prove every little point of your case, file “nuisance motions” until – or if – they are persuaded that you and your attorney have a strong case. They won’t give up, even if they lose in court as they will then attack the amount of compensation you ask for and accuse you of filing a nuisance lawsuit. But they don’t always win, especially when you have a work injury attorney who knows every trick they pull, and how to counter it.

But as bad as insurance companies can be in an injury claim or lawsuit, employers who are liable for workplace injuries and are self-insured, or have no insurance altogether, are the most shameful. The shocking tactics we’ve seen some of them use in defending themselves against legitimate civil actions are disgraceful and sometimes, downright illegal.

Together, we will seek a settlement through an officer of the company or maybe even directly from your employer if it is a small company. This person’s salary is tied directly to the company’s profits. Any amount paid to you for an injury comes directly out company coffers. So by compensating you, your employer literally takes money out his own pocket. We are rarely surprised when a self-insured company officer uses any and all means for denying your claim in order to protect his company, and personal, assets. Often, their lawyers turn a blind eye to such shameful behavior and will claim ignorance to their clients’ devious actions. If you take-on one of these defendants by yourself, you’re just asking to get creamed.

Self-insured companies can sometimes deliberately dispose of damning evidence, bribe witnesses, and even intimidate you. They sometimes resort to physical threats to you and your family. Over the years we’ve seen hundreds of tricks self-insured defendants use against our clients. And it’s the reason why, when we represent a client against a self-insured company, the first thing we often do is to file motions that prevent anyone with the company from behaving inappropriately against our clients. Sometimes a motion includes demands that they make no attempt whatsoever to communicate with our client unless one of our attorneys is present.

We will not be intimidated. And we will not allow our clients to be intimidated either as they pursue justice for the serious work injuries they suffer. It’s their right to be fairly compensated. And it is our mission to protect them, and make it happen.

An Experienced and Local Accident Injury Lawyer with our Law Firm is Your Best Shot at Fair Compensation
We’ve given you a lot to think about. And you still probably have questions about the legal reimbursement avenues available if you have suffered a workplace injury that is significant enough to justify legal action. But that’s our point in sharing the many nuances of Texas workplace law, and employer liability due to serious on-the-job injuries. Many things can, and do, happen that affect your ability to be fully and fairly compensated for your workplace injury.

our Law Firm can help you seek fair reimbursement for being hurt on the job through no fault of your own. If your employer does not have workers’ compensation, we help you build the strongest non-subscriber lawsuit possible and counter the arguments and underhanded tactics that are used time and again by non-subscriber employers and the defense lawyers who help them avoid liability. And if your employer has workers’ comp, we will help you identify, plus seek additional damages from every other liable third party. We immediately and thoroughly investigate your employer to clearly establish whether or not he or she subscribes to workers’ comp, and plan an effective strategy once we know. We investigate the accident scene thoroughly, preserve evidence and hire experienced workplace injury specialists that cover just about any workplace injury scenario. We build strong, bulletproof cases!

Did You Know?
Our Texas Texas attorneys have won hundreds of work injury cases. Call us today to discuss your case. 1(800) 862-1260

But for your sake, please keep this very important piece of “free advice” in mind

Before you speak with an insurance company, or accept even a single dollar of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. If you reach out to us for a free consultation, we will quickly tell you what your legal options are and how we can help you recover the appropriate compensation for your work-related injury.

ournon-subscriber work injury attorneys at our Texas Law Offices regularly win fair and just compensation for injured workers who were refused assistance by other firms. Not long ago we successfully handled a case for a worker who was injured on the job, but had initially signed-on to his job as an independent contractor. Eight different law firms said he had no case because the company that hired him used contract workers. But we weren’t convinced and ultimately, our firm found the “smoking gun” that proved he was an employee and won a seven-figure settlement for this injured, and very grateful, employee, because we successfully established a clear employer-employee relationship.

Our professional workplace accident attorneys at our Texas Law Offices have helped injured workers win the compensation they deserve for over 30 years. We have successfully investigated and resolved hundreds of high-profile work injury cases in our clients’ favor. We have faced-down virtually every major insurance carrier and work injury defense firm in the state. These corporations know how successful our attorneys are. And that’s why most of the time they offer our clients sizable and fair settlements once they know we’re on the case. They don’t want to face us in court.

The best ending for your workplace injury produces a fair settlement without having to go to trial. But if a trial becomes necessary, we will persuasively litigate your case to win the judgment you deserve so you can get back on your feet and resume a normal life.

So if you or someone you love has been hurt on the job, the Texas work injury lawyers of our Law Firm can help you recover the compensation you need and deserve, and bring those responsible for your work injuries to justice.

But the first step is for you to contact us at 1(800) 862-1260 (toll free) or fill out the form at the top of this page for a free consultation to find out every legal option that is available to you and keep you from becoming an even more tragic victim of workplace injury and negligence that you already are.
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Starting at the Beginning: Determining the Employer’s Workers’ Compensation Status
We can thank our lawmakers (and the insurance lobby who pays for their lunches and nice vacations) for today’s difficulty in understanding workers’ compensation laws. No employer is required by the state of Texas to purchase workers’ comp insurance. Roughly one in two employers subscribe to the program. So, workers’ comp injury cases are divided into two separate types that require altogether different methods and strategies to resolve. Employers who carry worker’s comp are known as “subscribers.” Those who don’t are “non-subscribers.” In order to know how to proceed with your serious injury reimbursement, the first order of business is to determine whether or not your employer is one or the other.

Workers’ comp benefits are paid out of a “pool” of funds. This pool is stocked by private insurance carriers that participate in the program. It pays injury claims while it protects subscriber-employers from lawsuits and generally disregards the legal rights of employees. Whether the employer is negligent does not figure into the equation. Workers’ comp reimbursement amounts are limited or “capped.” So when an employee is seriously hurt, the monetary benefits they can receive often fall way short of what is actually needed to return to physical and fiscal health. Now workers’ comp does provide some compensation to employees who are injured on the job site. But it’s basically “no fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. And subscribing employers cannot be directly sued for the more appropriate amount of fair damage compensation. And we’ll go over that in more detail in a bit.

But on the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must first file claim with the employer’s private liability insurance company or a lawsuit in civil court if the employer is not covered or has no insurance at all. Fortunately, for the injured party, the prerequisites that have been established to encourage companies to subscribe to “no fault” workers’ comp insurance are not as stringent as they once were. And these same lower standards of proving subscriber negligence, also apply against a non-subscriber in a civil case. So it’s not as difficult to assess true liability against a non-subscribing employer for on-the-job accidents due to these relaxed standards.

Since workers’ comp is cheaper than traditional employer liability insurance, one would assume all companies would be wise and purchase workers’ comp instead. But there’s no accounting for those who live dangerously (and pay higher rates) by not subscribing to workers’ comp, because it is comparatively cheaper than private liability coverage. So many employers still choose to roll the dice and take the risk of being a non-subscriber. Then, when the odds catch-up with them, they try to avoid a lawsuit and lie to you by claiming that they have workers’ comp when a worker is injured. These employers may try to quickly pay you benefits you would normally receive from workers’ comp , then ask you to sign what they may represent as a “standard workers’ comp release” in order to further their deception and get off the hook for the actual damages you are owed. But we don’t fall for this oft-used employer trick and neither should you

This is one of many examples of how you benefit from an experienced Texas workers compensation lawyer to get to the bottom of your company’s workers’ comp status, so you know what legal avenues are available to you. Once we have identified the nature of your employer’s workers’ comp standing, we then move forward together to secure your injury compensation.

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You Deserve Compensation If You Have Been Injured on-the-job: But Getting it is Another Matter
Have you recently been hurt on the job? If you have, it is critical that you seek the help of a Texas truck work injury attorney who specializes in these types of civil actions if you expect to receive the fair compensation you deserve. Most on-the-job injury cases are quite complicated. They can be some of the most difficult to win because there can be many diverse factors that impact a work-injury case. But in Texas, the greatest issue in determining if you can be successful in recovering fair damages for your injury is whether or not your employer subscribes to Texas workers’ compensation insurance. You must start here.

If your employer subscribes to “workers’ comp” then the employer is likely shielded from a workplace injury civil lawsuit. Workers comp cases are called subscriber cases. And by law, they are not subject to civil lawsuits in state court, although there is an exception which we will discuss in a moment. But if your employer does not subscribe to workers’ comp, one option is to file in a non-subscriber case through the state’s Division of Workers Compensation. But just as often, filing a civil case against the defendant is appropriate. But you must know where (and how) to file before anything can be done.

Employers pay a portion of their income to the state for this “umbrella insurance coverage” and though it is not inexpensive for them, they find that the amount of money they pay to this state-run “insurance pool” is often less than what they would pay to a traditional commercial liability insurance company. Today, not quite half of Texas’ businesses participate in the state’s workers’ compensation program.

The rest of Texas businesses are considered non-subscribers to the program. Many – but not all of them – carry some form of workplace liability insurance. So if you are injured on-the-job, and the injuries are significant enough to justify bringing a suit, you are certainly within your rights to seek legal compensation in court for your injuries, pain and suffering, lost wages, disability and other damages through a civil lawsuit.

But some employers neither subscribe to the state workers’ compensation insurance program, nor do they carry liability insurance for their business. When that happens you may be able to file a lawsuit against your employer, and possibly even other third parties who might also have been found to be liable for your injuries. And even if your employer subscribes to workers comp, but if your on-the-job injury is caused by a third party, you can bring suit against them, even if you can’t sue your workers’ comp subscribing employer.

Complicated, isn’t it? Of course it is.

This is why you need the help of an experienced attorney to determine whether your injury falls under the state workers’ compensation subscription rules or not. The local experienced work injury attorneys at our Texas Law Offices can effectively help you protect your rights as a worker and help win a fair settlement for your on-the-job injuries. But first, you need to know who is financially obligated to pay the damages owed to you.

How Workers’ Comp Works: Sometimes it Doesn’t Work Very Well for Those Who are Seriously Injured
Think of workers’ compensation is a form of state-managed insurance. It is nothing like a normal business liability insurance policy.

Thanks to recent tort reform on the part of business and insurance lobbyists, workers’ compensation is now designed to protect employers from lawsuits filed by their employees by basically eliminating their right to seek high compensatory damages directly from their employer and their insurance companies.

Workers’ compensation benefits are paid from a state-managed fund; even if the insurance policies themselves are provided by private insurance companies. And as we mentioned, not all Texas, employers subscribe to workers’ compensation insurance.

This insurance “pool” can benefit injured employees, but only to a point. If you are injured on the job and your employer subscribes to workers’ compensation, then you will likely be compensated; regardless of how the accident occurred or whose fault it was. But the downside for you, the employee is that the amount of money a seriously injured worker receives through workers compensation is VERY limited, and doesn’t always cover your medical bills, nor all of you lost wages due to the injury. So if your injury is a major one and you’re not able to work for several months, workers compensation can produce hardship for your family. Workers’ comp essentially works best and most efficiently for minor injuries where the injuries aren’t severe and the employee is able to return to work relatively quickly.

But there might be some good news. For seldom are on-the-job injuries cut-and-dried, even if many, primarily in the insurance industry, might want you to think they are. There are often other sources of compensation revenue that do fall under the workers’ comp injury liability umbrella that may have played a part in your injury, and are legally available to compensate you for your damages. But they’re not easy to find: nor is holding the defendants accountable a simple matter.

Third Party Responsibility for On-The-Job Injuries Justifies Additional Civil Action
We’ve already shown you why you cannot directly file a civil suit against your employer who subscribes to workers’ compensation, and that much of the time workers’ compensation cannot fully pay for your medical expenses and lost wages. This is where an experienced work accident attorney can help you find third-parties who may carry some responsibility.

We investigate every work accident site, review paperwork, interview witnesses and collect forensic evidence that points to every liable contributor to your accident. After careful review of all of the data, most of the time we find another liable defendant or two who are treated as third party defendants to your accident. And they can be sued in open court.

For example, let’s say you work in a warehouse. A truck that is owned by a transportation company hits you. You aren’t entitled to receive damages from your employer past those offered by worker’s compensation if he or she is a subscriber. But you can bring a lawsuit against the transportation company for your injuries. Here’s another example: let’s say instead, that you are injured by a piece of machinery or other equipment that your employer owns. Again, you can’t sue your employer. But if the equipment that caused your injury is proven to be defective, the manufacturer is liable for damages through a product liability lawsuit.

Sometimes multiple third-parties can combine to cause your injury. And regardless of whether your employer subscribes to workers’ compensation or not, these guilty third parties have a responsibility to compensate you for your at-work accident.

Construction site injuries often involve multiple third-party contributors to a work accident. The general contractor might participate in workers’ compensation. So he’s covered. But with so many other contractors and subcontractors scurrying around the job site, many accidents are bound to happen. And not all are covered through workers’ compensation. If a scaffold collapses and you are injured, the company that built the scaffolding could be liable. If defective construction equipment causes you injury, you can likely file a product liability claim against the product’s manufacturer.

The bottom line is that you may have options in addition to workers’ comp to seek payment for damages from your workplace injury. Our work injury lawyers assist you in identifying all likely defendants in your case.

One other thing: we’ve seen many examples where employers “pretend” to have workers’ compensation, but actually don’t. This employer might even further the charade and “pay” you workers compensation benefits after your injury. The first thing we do is investigate your employer’s claim of of being a subscriber to the workers’ comp program. If this claim turns out to be false, and again, if your injuries are significant enough to justify legal action, we will help you file a very strong non-subscriber lawsuit in civil court, and then vigorously represent you.

What Are the Deficiencies of Workers’ Compensation and What Are My Options?
If you suffer a job-related injury and your employer has workers’ compensation insurance, you typically receive up to 70% of your lost income. But there is a cap on this amount of $600 a week. So if you are a carpenter and earn $70,000 per year, are injured on the job and your employer has workers’ compensation insurance, you will receive only $600 per week for lost wages while you recover.

But if you suffer long-term disability and can never return to work, you will STILL ONLY RECEIVE $600 per week for the rest of your life, even though you previously earned about $1400 every week. Now you might receive an additional lump sum payment at the end of your recovery, but most of the time these payments are very small when you compare them to your total lost income, or any lost future wages if the disability is permanent.

There is another disadvantage to employees who are awarded workers’ compensation claims. The amount you receive does not account for lost future potential income. Let’s say you work at a grocery store while attending graduate school at night to earn a graduate degree in business. You are seriously injured on the job, unable to work and are also physically unable to continue your education. You will still receive ONLY 70% of your GROCERY STORE salary FOR THE REST OF YOUR LIFE (which is probably minimum wage or close to it) rather than the much higher salary you would have earned once you received your MBA.

This is why it is vital for you to have an experienced workplace injury attorney investigate your case. If your employer does not have workers’ comp, you must know so that you can seek a more reasonable settlement. But if your employer does have workers’ comp, you and your attorney need to immediately begin the search for third parties that are liable for the injuries suffered in your work accident, and aggressively pursue any legitimate claims you have against them. Our workplace injury legal professionals’ build very strong cases and fight for your right to receive the fairest compensation you are owed.

Third Party and Non-Subscriber Workplace Injury Defendants Work Hard to Wiggle Out
If your employer does not subscribe to the state’s workers’ compensation insurance program, you have a right to file a traditional personal injury lawsuit against that employer to compensate you for a variety of damages. They may include:

Income you have lost for the time you spent in the hospital.
Your diminished earning capacity if the injury produces long-term disability.
All of your medical-related expenses.
Property damage.
Your physical pain, suffering, and discomfort.
If you can prove that you are suffering mental or emotional distress due to the injury, you may also receive damages to cover these expenses.
One popular defense that is used by your employer (and his attorney) if he or she does not have workers’ compensation insurance and you file suit against that employer in civil court is a very simple one. Your employer will say that you were solely responsible for your injuries: the sole proximate cause. And since the burden of proof is on you, the plaintiff in your civil injury case, it is also on you to DIS-prove all countercharges.

Employers, with the help of their experienced attorneys and insurance companies (if they are insured) usually build a case against an injured employee’s claims by alleging that you alone are at fault for your workplace injury. You and your attorney must turn these allegations and the court’s attention around to where it belongs; your employer. Employers, with the help of their experienced attorneys and insurance companies (if they are insured) usually build a case against an injured employee’s claims by alleging that you alone are at fault for your workplace injury. You and your attorney must turn these allegations and the court’s attention around to where it belongs; your employer.

Let’s say you suffer a lifting injury while you are at work. Your employer will probably say that, since you were working alone at the time and there are no witnesses, your injury must be your own fault. But if our attorneys can link your actions and your injury back to your employer, it’s much easier to prove negligence by your employer and you the odds of winning your case rise significantly.

A couple of ways of proving employer negligence include focusing on their inability or refusal to provide proper safety training or equipment, or they didn’t find another employee to help you lift the heavy or cumbersome object. These are only two – of several – ways to possible employer negligence as a direct cause of your on-the-job injury.

In order to punish non-subscribing employers, Texas workers comp laws enable workplace accident victims to secure much greater damages than if the employer had purchased workers comp insurance. And the workplace accident victim must merely prove standard negligence to win their case, which means the employer only committed a sole error or momentary inability to maintain safety. In a way, once you get them into court, you’ve won more than half the battle because you have a lower standard to prove in order to win your case. But as you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need a crafty workplace accident lawyer to assist you through every intricacy of this challenging legal process.

But there are times when connecting your injury to your employer this way can involve other difficult to understand forms of legal liability. But Our experienced non-subscriber attorneys, who are thoroughly familiar with work injury law, know how to prove to a jury that your injuries were caused by your employer’s negligence and are not your fault but that of the defendants: non-subscribers or third party defendants.

Another Popular Defense Tactic: Claiming You are Not Really an Employee
The sole proximate cause defense is not the only option that non-subscribers have to deflect liability after an injury has been suffered by an employee. Many clever employers might anticipate an injury and begin avoiding liability for them even before accidents occur by trying to distance themselves from you as an employee, and their responsibility to fairly compensate you. Some even begin building that paper trail to prove their claim beginning the first day you show up for work.

Texas employers are not responsible for what happens to contractors’ on a jobsite injury. So many companies will claim to hire their employees as contractors. By calling you a contractor, your employer believes it’s possible to deny that an employer-employee relationship existed between you and the company, and then they will tell you that you don’t have a legal claim to compensation for your injury-related damages. Their logic is simple: why should they be responsible for an injury to a person who was technically never their employee to begin with?

While many employers try to claim their employees are contractors or temp workers who are employees of a third-party, the employer knows an actual employer-employee relationship exists in many of these cases, and an injured worker can still obtain compensation. So don’t be misled by this ploy. Even though your employer claims you are a contractor, in the eyes of the law you are likely still considered an employee, and are entitled to recover full and fair compensation for injuries that you have suffered on the job.

A skillful and well-seasoned Texas workplace injury accident attorney in Bexar County knows how to prove the employer-employee relationship by meeting at least one the following standards, and often more of them:

This brings another important point to mind. As we have previously told you, workers’ comp claims are less-than adequate when major injuries are involved, including wrongful death. So the traditional way for an employee to recover fair damage compensation is to file a workers’ comp claim against the employer of record (assuming that employer subscribes) and then supplement the claim with the appropriate number of third party claims or lawsuits.

Your Opponents Fight Very Hard to Deny Your Accident-Related Legal Damages
In most non-subscriber and third party workplace injury claims or civil cases, defendants can have large insurance companies and lots of attorneys to oppose you. Or your employer will be “self-insured” or uninsured. Regardless, all fight very hard, to avoid paying for your injuries.

Most non-subscribers are represented by insurance companies that have attorneys who are either on-staff or on permanent retainer. And they are very good at defending insurance companies from people who try to sue them. They’re especially successful against opponents who have no attorney to represent them, or those who hire an attorney who is overmatched against them. Insurance companies are in the business of collecting high premiums, and then avoid paying legitimate claims. They are confrontational and intimidating from the very beginning. They can be dangerous and frustrating. But they don’t scare an experienced work injury attorney like those with our Law Firm who know every trick they pull, and how to neutralize each one.

But self-insured employers or those who have no insurance whatsoever, who are liable for workplace injuries are a different animal and very hazardous to your case. They resort to anything that will work for them once an injured worker takes legal action to recover damages. Some of their tricks are shameful while others can be viewed as downright illegal.

You will be seeking a settlement from an officer of this self-insured company or maybe even directly from your employer if it is a small company. In either event, the salary of whomever you deal with is certainly tied directly to company profits. So, any damage amount paid to you for an injury comes directly out of company income, not a policy or security bond. So when he or she compensates you, your employer literally takes money out his own pocket. We stopped being surprised long ago when we see a sneaky, self-insured company officer use any and all means to deny your claim in order to protect his company’s (and his personal) assets.

Self-insured companies have been known to deliberately dispose of evidence as well bribe or intimidate witnesses; maybe even you. They sometimes resort to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court that prevent anyone with the company from behaving inappropriately against our clients. Sometimes these motions include a clear demand that they make no attempt to communicate with our clients in any way without one of our attorneys present.

Win the Compensation Your Deserve from Your Job Related Accident by Hiring an Experienced, Local Workplace Injury Attorney with our Law Firm
Our lawyers can help you effectively seek fair compensation for being hurt on the job, through no fault of your own. If your employer has workers’ compensation insurance (or not), we will help you identify, then seek the proper compensation from liable third parties; even if their liability can only be proven based on obscure legal case law. And if your employer does not have workers’ compensation insurance, we can help you build the strongest non-subscriber lawsuit possible and counter the arguments that are used time and again by these employers and their shifty defense lawyers who help them avoid liability. We will immediately and thoroughly investigate your employer to clearly establish whether or not he or she has workers’ compensation insurance, and plan an effective strategy once that is learned.

But for your sake, please consider this bit of “free” advice.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer. If you don’t do this, then you will be at the mercy of those who wish to deny you your rights to fair injury compensation.

If you contact us for a free consultation, we will be able to quickly tell you what your legal options are and how we can help you recover the appropriate compensation for your work-related injury.

The injury attorneys at our Texas Law Officess in have regularly secured fair and just compensation amounts for injured workers who were refused assistance by other firms. Not long ago we successfully handled a case for a worker who was injured on the job, but had initially signed-on to his job as an independent contractor. Eight different law firms told him he had no case because the company that hired him used contract workers. And yet, our firm still was able to successfully establish an employer-employee relationship. Because of that small fact, we won a seven-figure settlement for this injured – and very grateful – worker.

Our legal professionals at our Texas Law Offices have been helping injured workers receive the compensation they deserve for over 30 years. We have successfully investigated and resolved hundreds of high-profile work injury cases in our clients’ favor. We have faced-down virtually every major insurance carrier and work injury defense firm in the state. These corporations know how successful our attorneys are. Based on this, they often offer our clients sizable – yet fair – settlements once they we take on the case. This is because past-experience tells them they don’t want to face our lawyers in court.

The best outcome for your workplace injury produces a fair settlement for you without having to go to trial. But if a trial is necessary, we are more than willing to vigorously argue your case in order to win the fair judgment that you deserve from ALL defendants. We represent you to the best of our skill and ability. And if we’re able to secure fair compensation for you without taking your case to court, you can get back on your feet faster and resume living your life.

So if you or someone you love has been hurt on the job, work injury lawyer our lead attorney and his associates at our Texas Law Offices can help you collect the compensation you need and deserve, and bring those responsible for your work injuries to justice. Call us at 1(800) 862-1260.

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Have You or Has Someone you Love Been Struck by a Vehicle While Walking, Jogging, or Bicycling in Texas?

As the cost of gasoline continues to steadily rise, Texans continue to search for ways to move around their communities more affordably. This has led to a large increase over the past few years in “pedal power,” Several different studies the past few years show that the number of bicycles being used for general transportation purposes, in addition to recreation, have increased almost fivefold in the past 15 years. Cycling is also a handy way to get to, from, and around a large college campus quickly.

Whether it’s a motor vehicle and bike or a motor vehicle and a pedestrian or jogger, the lack of traditional safety protection often results in severe injury, or even death, to the cyclist or walker during a mishap. These injured pedestrians or bike riders may have legal recourse to recover their incurred financial losses as a result of a bicycle wreck or pedestrian accident through a personal injury lawsuit. Family members of those killed in pedestrian collisions or bicycle accidents may seek compensation for their loss through a wrongful death lawsuit. In addition to the compensation that can be awarded as a result of a successful civil suit, a plaintiff in such cases can also hold the negligent parties accountable for their careless or reckless behavior and help assure that future injurious or fatal accidents might not happen to another person or family. With two decades of practice in personal injury cases and wrongful death cases in Texas, our attorneys can help you through this time to seek compensation and justice against a liable party.

Aside from the fact that cyclists are not as easy to see on the road, a lot of drivers cut it way too close when passing a cyclist on a city street. Many don’t even move out of the cyclist’s lane of traffic. We’ve seen many instances when a car or truck “clipped” a cyclist, causing an accident. And when that happens, the only one who is injured is often only the poor bicyclist.

Sometimes the injured bicyclist starts out with two strikes against him/her because insurance adjusters naturally assume that the cyclist is at fault. There’s a certain understandable logic to this. The fact of the matter is simple. If you’ve suffered an injury due to someone’s negligence while riding your bike safely, you deserve the expertise of a knowledgeable Texas bike accident attorney if you expect to win damages for the injuries you suffered, regardless of what kind of vehicle hit you.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued.

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Seeking Legal Action Through a Personal Injury Lawsuit

If you’ve been seriously injured in a bike wreck or have suffered an injury due to a pedestrian accident, you have certainly suffered some form of financial loss. The goal of any viable personal injury lawsuit is that you, the injured victim, can seek, and be awarded, compensation from a liable defendant (or defendants) for those financial losses, also known as damages. Damages refer to the financial losses incurred as a result of an injury, i.e. medical bills, property damage costs, lost wages, etc.

In such instances, the burden of proof lies with you, the plaintiff. This means you must pursue legal action in order to compel a defendant to either pay your fair compensation through negotiation or at trial if an equitable amount cannot be reached. At the trial, you must prove that the defendant’s negligence caused or significantly contributed to your injury which is the sole reason for your economic loss which can also include disability and lost future income if the injuries are catastrophic. Such damages can also include your pain and suffering, and other types of financial losses incurred as a result of your bicycle injury.

Three aspects must exist in order for an injured pedestrian or bicyclist to bring a legitimate personal injury lawsuit against a negligent defendant: liability, damages, and solvency. Liability refers to the negligent actions of the defendant or defendants who are responsible for causing or contributing to the accident. Liability is assessed when a defendant has violated a legal duty against the plaintiff. A legal duty is a standard of general care that all of us owe each other to not harm the other. The defendant’s legal duty must be proven to have existed between you and that liable person, and it must be shown how that legal duty was violated by the defendant, resulting in your bike accident injury.

Solvency refers to the financial means of the defendant. If a defendant is insolvent, then they will not have the financial means to provide the compensation to you as the injured plaintiff. However, some defense attorneys will attempt to claim that their clients are insolvent so that a personal injury lawsuit will not be pursued. Strong cases come from strong investigations. So in addition to your Texas pedestrian injury lawyer having the means and resources to thoroughly investigate all facets of the accident, but to also perform a thorough asset check of all defendants to pay you for your injuries once the lawsuit ends in your favor: for there’s not much point in suing someone who cannot pay. So your bicycle accident attorney must be very adept at conducting thorough and meaningful asset checks of the defendants.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued.

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Who’s At Fault and How Many Liable Parties Are There?

The first issue that must be properly assessed in any personal injury or wrongful death case is a liability. Who is responsible for the accident that has caused serious injury or death? Contrary to what many think, by definition, bicyclists do not necessarily have the right-of-way on a Texas road. Our state right-of-way law’s can often be complex and highly contextualized. So an experienced defense attorney will try to utilize these laws’ lack-of-clarity to their client’s benefit. However, we’ve learned through extensive experience the right way to litigate such cases based on the facts revealed by our thorough investigations and the rules of the law. Both can work against a defense lawyer’s” shell-game” arguments by providing relevant evidence which places the burden of liability where it belongs: the defendant’s lap.

Furthermore, due to the many ways in which pedestrian and bicycle accidents can happen in Texas, it is not unusual to have multiple defendants who may be forced to share in the liability for the accident that seriously injured you or took the life of a loved one. For example, drunk driving accidents that kill innocent bicyclists may have the driver as a defendant, as well as a negligent alcohol-serving establishment if the driver had been over-served past intoxication at that bar or restaurant before the drunk driving pedestrian accident occurred. If that happens, the bar or restaurant is legally liable through the Texas Dram Shop Act.

As another example, an 18-wheeler (or any commercial vehicle) that strikes a bicyclist would likely include the driver as a defendant, in addition to the driver’s employer. The legal term for such a civil suit is known as “respondent superior,” which establishes that employers are responsible for the actions of their employees while they are at work. In such instances, enlisting the help of an experienced and well-rounded personal injury attorney can help bring all liable parties to justice. Our attorneys have over two decades of experience in all forms of personal injury and wrongful death, including those involving cyclists and pedestrians.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued.

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Insurance Companies Use any Excuse to not Pay Your Injury-Related Damages

There is a “cultural popularity” of blaming those who operate “non- traditional” vehicles for any and all accidents they are involved in. That bias makes many feel that people who operate bicycles should automatically accept this high risk “it comes with the territory” behavior as part of their lifestyle. And that preconception is warmly embraced by insurance companies as another in a long line of excuses they seem to come up with in order either not to pay accident claims, or to drag their feet and pay as little as possible. This is the real business that insurance companies are in.

Many times, the injuries to bicycle and other similarly injured victims are often very expensive, cause some form of disability, a lot of pain and suffering, and usually prevent these people from working for months or years as they recover. That means money, a lot of money, must be paid to the injured victim: nine-times-out-of-ten, by some insurance company, or the defendant if insurance isn’t there or the policy comes-up short. So the insurance companies fight tooth and nail to avoid paying a claim or civil suit.

They use adjusters to make you think they’re on your side, only to trick you into saying something that can be used against you later. They use delaying tactics to pay what are clearly justifiable claims. They offer woefully inadequate compensation settlement packages that don’t come close to paying your medical bills, pain and suffering, and lost wages because you can’t return to work immediately or disability if you can’t return to work at all. The insurance companies have very good attorneys to hide behind in their efforts to not pay your claim.

Just because they think they can treat you this way if you’ve been involved in a non-traditional vehicle accident like a bike, doesn’t mean the insurance companies are right in doing it. But the only real way to defeat them is with an experienced personal injury attorney who understands the subtle nuances of liability when it comes to these many types of mishaps.

Additionally, defense attorneys hired to protect an insurance company or a liable party’s assets are well-trained and experienced at defending their client’s interests, especially if it could result in a sizable payday for themselves. Our goal is to aggressively and tirelessly seek the fairest compensation on your behalf because we understand it can help you in the recovery process. Furthermore, proper compensation is often necessary in the event of a fatal bike or pedestrian accident that claims the life of a primary wage-earner for a family.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued.

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Our Law Firm Will Fight for Your Injury Rights from Any Vehicle Accident

If you expect to be compensated for injuries you sustained in an accident while biking or simply walking around, your case is significantly strengthened when you retain an experienced accident attorney who knows how to investigate such accident scenes to uncover – then present – evidence that proves your injuries resulted from someone else’s negligence.

Our Law Firm has a great deal of experience investigating all sorts of vehicle accidents. Insurance carriers, along with their attorneys, know that when we’re on the case that we won’t go away as we pursue justice for our injured clients. Steadfastly negotiating fair settlements with insurance companies and, if necessary, taking them to court in order to win damage compensation often inspires your opponents to see discretion as the better part of valor: which usually produces a fair settlement that will relieve you of this sudden financial pressure. We have won just compensation for hundreds of clients against every major insurance company in the state. They know us and our reputation. Once they see the handwriting on the wall, insurance companies are often inspired to offer a fair settlement rather than risk an even higher civil judgment from a jury, in addition to the cost of a trial. We use our intimate understanding of the laws in question, coupled with state-of-the-art investigative techniques to devise the perfect strategy to serve the specific needs of your case. This can deliver fair restitution for your injuries.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued.

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When Railroad & Railway Safety Measures are not Met or Adhered to, People can be Hurt or Killed – Our Lead Attorney Explains

Unfortunately, there are times when people are involved in an accident with (or on) a train. If you have been seriously injured (or a family member has been killed) in a train accident due to someone’s negligence – as often happens – then you as the victim or surviving family members may be entitled to seek compensation from the negligent people or other parties who are responsible for the accident.

There are many ways an innocent victim can be injured by a train. The first example that comes to mind is vehicle/train mishaps, which produce serious injuries and a high number of wrongful deaths. People are hurt and killed when they are passengers on trains, either the national AMTRACK rail system or metro rail systems that are becoming more popular in large Texas metropolitan areas and already move hundreds of thousands of passengers every year. Then there are serious injuries that occur to railroad workers as well, which can at times be a very hazardous occupation.

No matter how, or in what context, the injury occurred, it is safe to assume that something went wrong because of the inattentiveness of someone, or the callous disregard for the public’s safety. In either event, you, the injured victim are entitled to recover legal damages for injuries, pain and suffering, lost wages while you recover, lost future wages if the injury produces disability, property damage, and even higher damages if the accident killed your loved one.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been injured by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Being Around – or on – a Train Can Be Hazardous to Your Well Being

Trains have been part of the American landscape for almost 175 years. They are largely responsible for making the U.S. what it is today by opening up this vast nation to settlement and civilization. For many years trains were the backbone of this state’s transportation system and its supply chain. Today, trains are still a foundation of our economy. They transport goods over long distances and after declining passenger numbers since World War II, trains as people movers are experiencing a renaissance with the advent of metropolitan transit authorities in large cities. However, all those trains (and railroad crossings) produce a lot of accidents. And since trains are so large, the accidents in which they are involved often cause very serious injuries. Thousands of people are injured by trains in the United States every year.

The Federal Railroad Administration Office of Safety Analysis keeps track of railroad-related accidents in the U.S. Their research reveals the following information.

In one year, from January through September, there were 7,269 train accidents of vehicle-train and train-train (or one train alone) which produced over 2,000 injuries and 492 fatalities. Of that number, there were 1,275 incidents involving motor vehicles and trains, producing 639 injuries and 298 deaths. Another significant category of the total number of accidents fell in the “other” category, which involved people and trains, many of these affecting train employees or others around the trains that might be, for example, sitting on a siding or traveling at slow speeds in a switching yard. There were 4,688 of these “other incidents” that produced 4,485 injuries and 308 deaths. And the number of railroad workers who were involved in these events currently stands at 2,653.

These numbers tell us two things. It is generally safe to be around trains. But when an accident does happen, the consequences to the victims can be catastrophic. Your road to compensation can find you opposed by many powerful forces that use a variety of state and national laws to deny you that fair financial remedy. You have no chance of success by handling this matter on your own or with under-experienced legal counsel. An experienced train injury attorney increases your odds of success against the railroads or transit authorities who are certain to oppose your claim or civil case.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been injured by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Autos and Trains

Most train accidents occur happen when a motor vehicle finds its way on the tracks at the wrong time. Accidents between trains and passenger vehicles happen more often than most people believe. But most of these collisions don’t happen as depicted in the media with the train hitting the car as it tries to speed across the tracks.

More likely, collisions between cars and trains occur late at night at unlit or under marked railroad crossings when a car drives onto the tracks and in the path of a speeding train as it rumbles down the tracks. Often, the culprit is a result of faulty warning systems or a lack of warning machinery altogether. If you think about it, for every “speeding motorist” train-related wreck story you hear, you probably are told about improper or unsafe railroad crossing auto/train accidents five or ten times more. A railroad’s failure to adequately warn motorists of the risk posed by train crossings, or doing everything they can to prevent them: like placing crossing gates, or devices that flash and make noise, can be found to be liable for injuries or the wrongful deaths of the victims in a train accident. Many times, the facts of such cases prove the plaintiff/the driver who drove into the side of the train may not even be liable.

Though the nature of the injured victim’s claim may depend on what he or she was doing at the time of the collision, injured victims in a collision with a train may have a negligence claim against the railroad.

We all owe each other a legal duty to do all that is reasonable to avoid harming others. Levels of duty can range from generally average to extremely high. The legal duty of the owner of any train to protect the public from these 25+ ton wheeled behemoths is quite high. This means the standards of care they must follow to protect the public are equally lofty. Conversely, because that duty is so high, when railroad companies, or their employees, display negligence in fulfilling their legal duty, the level of proving that negligence is not nearly as difficult, once the true facts of the case are known.

Though trains usually have the right of way, this doesn’t give them leave to go through crossings at unreasonable speeds: even if the engineer has a precise schedule to keep. Rather, the operator of the train must use reasonable care; in this case, slowing down in populated areas and keeping a sharp eye for vehicles or pedestrians. After all, it takes well over a mile for a fully-loaded train to stop even at speeds as low as 30 miles an hour. And in many cases, reasonable care may also require a railroad to construct more visible (and audible) warning and signal devices in order to further alert people when a train is coming.

So when an accident happens, just like when one happens with a large semi, the “driver” is only the first logical defendant, but there might be others behind the scenes who, through their efforts, might have contributed to an accident that happens miles from where they are. Employees at a communications or monitoring center might have played a hand, or those who might have constructed or maintained warning signals at crossings might share some of the blame. In such a case, the legal notion of respondent superior might be in-play: which means the employer is liable for the tragic mistakes of their employees as they go about their jobs.

Much of what we have shared above can apply to other train-related mishaps that hurt or kill unwilling people who did nothing to contribute to these tragedies. So it is important to contact an experienced train injury lawyer as soon as humanly possible.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been injured by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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If you are an injured passenger while riding any DART (Dallas County)/The “T” (Tarrant County)/DCTA (Denton County) or METRO (Harris County) train because of a collision with another vehicle, your claims process can become very complicated, very quickly. The primary reason for this can come from the sheer volume of claims because there might be many others injured. But if you’re the driver of the vehicle, then determining who is liable if you did not cause the wreck may be subject to your attorney’s stringent investigation

All these cases are tricky for a similar reason: you are going against a quasi-government entity, that county’s transit authority. It was established as a municipal enterprise; in essence, a government-backed profit generator, even if it is developed to serve the good of the community. Getting money from them on their turf, using laws written by their legislators is going to require the help of an experienced personal injury attorney who has argued many cases in all of their communities.

But the challenges don’t end there. All of these municipal, profit-making mass transit entities are covered by a commercial insurance policy because the government is not going to back their losses such as injuries and deaths caused by these entities when they are deemed negligent. This liability underwriter is protected from injured and wrongful death claimants by some of the most aggressive insurance adjusters and defense attorneys in the business. These people are experts in denying claims just like yours. Their singular purpose is to build a case against you so that their defendants (or the county governments) don’t have to pay you a dime.

Protection from your opponents is another reason why you need an experienced injury attorney to guard your interests, shield you from experienced adjusters who covertly undercut your claim (as they claim to represent your interests) identify all possible sources of compensation in your case and to make sure that your claim has priority when it comes to the transit authority’s insurance policy. By doing all of that, and more, the chances of a negotiated settlement increase many times over. And that means you don’t have to go into their courtroom.

If the accident involves an employee of the railroad, the claim is subject to a federal law called the Federal Employers’ Liability Act (FELA). Unlike most workers’ compensation laws, which protect workers who have been hurt at work regardless of fault, FELA requires that the injured worker show that the railroad was negligent. Railroads do have a general obligation to provide workers with a safe place to work, and if the worker is injured because the railroad did not provide him or her with the appropriate tools or equipment, the railroad may be guilty of negligence.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been injured by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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As we’ve noted, many victims of railroad accidents are regular people who are not employees of the railroad. This is where railroad crossings incidents and the laws that govern them come into play. The Federal Railroad Safety Act (FRSA) enacted in 1970 controls safety regulations for the railroad industry. It sets minimum safety standards in an attempt to reduce the number of railroad-related accidents and death. An unfortunate by-product of the stature was that claimants were being deprived of their day in court because it also included quite a few loopholes then – and even more now through subsequent railroad-instigated legislation through their lobbyists. These loopholes are known and understood only by the railroads and the (few?) experienced accident attorneys who are familiar with them.

Through this subsequent legislative modification, by 2007 FRSA now gives the railroads virtual immunity from many lawsuits even if it is not in compliance with these minimum federal safety crossing standards. Derailment, crossing accident, or a train striking a pedestrian were claims that could not be brought because the federal law of Federal Railroad Safety Act providing immunity to the railroad preempted the state negligence law. Recently enacted wording in the law lessens these restrictions, and the liability of a purposefully negligent railroad company in pursuit of its profits by allowing crossing maintenance to slide.

One amendment that essentially placed a few more teeth into FRSA is that now state injury laws are not preempted by federal law by rote (or legal assumption). So today, injured plaintiffs in Texas can bring a cause of action under a number of allegations in a Texas civil court if he or she can prove that the railroad did not meet minimum federal safety standards or failed to meet its own internal standards or any standards separately enacted by the Texas legislature.

The damages available to the family of a person who suffered a wrongful death in a railroad accident are controlled by the Texas Wrongful Death Statute and the Texas Survival Statute rather than any federal standards. The claimants that can recover pursuant to these two statutes are the deceased’s parents, spouse, and children. And there are no damage caps to the amount of compensation plaintiffs may be awarded.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been injured by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Let the Railroad Injury Lawyers with our Law Firm Help You Fight for your Injury Rights in a Texas Court

Railroad injury lawsuits in Texas often involve navigating a minefield of state and federal laws and require clearly proving the railroad, whatever railroad or where it is located in Texas, should be liable under the specific circumstances of your case.

In addition to legal expertise, industry experts are critical to successfully negotiate with or litigate against a railroad company such as Union Pacific or the few other powerful and influential railroads that operate in our state. An expert clarifies the facts of our investigations and often participates side-by-side with us in determining what the railroad failed to do from a safety perspective. The expert can review photos including video, measurements, witness statements, police reports, and other evidence in order to come up with credible conclusions. The train accident injury law attorneys at our Law Office will see to it that your medical bills, broken bones, other serious injuries that you must pay for are covered as well as any other expenses resulting from your railroad accident or the death of a loved one due to railroad company negligence.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been hit by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Our Lead Attorney Discusses All-Terrain and Other Off-Road Vehicle Accidents

If you have been involved in a Texas ATV (All-Terrain Vehicle) accident or some other form of off-road vehicle injury, you likely have many unanswered questions. Our Texas ATV and off-road accident attorneys will fight to get you fair compensation for your injuries.

Most of our life experience surrounding vehicular accidents comes from driving a car or truck. So we’re all familiar with the insurance claims process and how it can be either very simple or dangerously complicated. On the other hand, few people appreciate the value, or the ramifications, an off-road vehicle such as an ATV or motocross bike. Since this portion of personal injury law can be somewhat obscure due to the relatively low occurrences, most personal injury lawyers rarely venture beyond passenger car accidents. This is often due to the low number of instances, or the sometimes tricky process of seeing them through to their logical, successful conclusion for the injured plaintiffs; especially if the injury lawyer is working on retainer. All lawyers want cases that are winners. But not every case looks like one on first-glance. They might not have the necessary experience should you require the services of an experienced injury attorney based in Bexar County who has more experience in these other vehicle accidents than most injury lawyers in Texas.

Our depth of knowledge includes all types of accidents vehicular accidents. We know and successfully argue these “off the beaten path” vehicle accident laws to prove your case and help you win restitution for your injuries. They will hopefully come from an insurance settlement. But if it comes to a trial, we’ll fearlessly litigate your case as well.

We must warn you, off-road vehicles like these come with a certain amount of public prejudice that the insurance industry universally bases virtually all of its denials when claims are filed as a result of serious off-road injuries. One prominent reason is the plethora of preconceived notions about those who use (or recreate) on off-road vehicles. There is generally an assumption of higher risk that goes along with such vehicles that can make it more difficult to win damage claims or civil cases. This inflexible thinking can cloud off-road vehicle accident cases and make settling them with an insurance company, or litigating them in civil court much more complex than more traditional vehicle accidents.

It’s not easy. We’ll grant you that. But until you visit with one of Our ATV and off-road accident attorneys, you’ll never know.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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ATV Accidents Often it’s Not About Driver Liability, but the Vehicle Itself, or Where it is Operating

At first glance, an all-terrain vehicle (ATV) or universal terrain vehicle UTV may seem harmless enough. Some of them on flat ground are capable of reaching passenger-car-like speeds. Yet they offer little to no protection in the event of a crash. There are a number of ATVs on the market today that have built-in negative attributes which make them extremely likely to cause an accident. A recent study by the Consumer Product Safety Commission (CPSC) has revealed that there is an average of 700 deaths and 135,000 accidents that occur annually to the drivers and passengers of ATVs. And not all of them are the rider or driver’s fault: much as insurance companies might want us to believe.

Many Texans use all-terrain vehicles (ATVs) for a variety of purposes. They enjoy them for weekend recreation or quickly reaching into the back state for hunting, camping, and fishing. ATVs can also function as light work vehicles in areas where roads are scarce, or nonexistent. With the dangers inherent in riding an ATV, most people, just like with motorcycles, assume the drivers themselves are responsible for any accidents in which they get involved and don’t deserve to be compensated for the injuries they suffered. A lot of the time, they use the same reasoning, that the rider is careless and exhibits risky behavior, just like all those devil-may-care motorcyclists in thinking that ATV riders are responsible for their accidents. The same convenient bias holds true for insurance adjusters to automatically deny an injury claim.

Time after time, an experienced attorney exposes this inaccurate assumption in an ATV accident injury case. In many instances, ATV accidents find their sources in faulty mechanics and poor design that lead to roll-over accidents through a defective product lawsuit against the manufacturer. Other times, property owners are held responsible for creating the conditions, often without even knowing, that led to the accident. ATVs can often be unsafe vehicles even when the rider was driving safely. And sometimes other riders who are near the ATV operate their vehicles unsafely or recklessly and cause accidents that produce injuries or even deaths. You need an experienced injury lawyer to prove that you were operating your off-road vehicle safely, that someone’s negligence caused your injuries, and that you deserve just-damage compensation for their irresponsible behavior.

ATV & UTV accidents can be catastrophic as the vehicles do not possess many (or any in some cases) active or passive safety features. In many cases, the lack of basic safety features, such as seat belts, result in the occupants being ejected from the vehicle. Additionally, the vehicle often lands on the victim crushing their extremities or causing other horribly catastrophic injuries.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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The Yamaha Rhino: Just one of Several ATVs that Have Been Found to Have Defects

The Yamaha Rhino is a very popular all-terrain vehicle largely because of its narrow track (the lateral distance between its tires as seen from the front or rear) and it’s short wheelbase (the longitudinal distance from the center point of the front wheel to the center point of the rear wheel). This design makes it very easy to transport in the back of a small pickup truck. The vehicle was deliberately designed with that very thing in mind. However, the vehicle’s smaller dimensions create a built-in handicap by not providing a wide enough base to compensate for the vehicle’s relatively high center of gravity. The end result is a vehicle that is much more apt to roll over.

Rollovers comprise the largest percentage of three and four-wheeled ATVs. The Rhino comes with a dangerous penchant for doing that when the experienced rider doesn’t necessarily expect it to behave that way.

This vehicle is designed and marketed for the purpose of traveling over uneven terrain, various slopes, and gradients, under various conditions of reduced traction. Combine these types of environments with a vehicle that is a likely rollover candidate and you have a very high probability of an innocent victim suffering a serious injury. Yamaha is fully aware of the numerous accidents that have occurred as a result of this apparent defect, yet they have continued to sell these ATVs for many years virtually unchanged, other than sternly warning riders to be aware of this proclivity. If you know product law, a warning does not offer blanket immunity to a defective product lawsuit.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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Off-Road Motorcycle Accidents are Another Instance Where Insurance Companies say “NO” out of Habit, and Prejudice

This group of apparently “devil may care” motorcyclists are almost universally singled-out for denials by insurance companies whenever they file an injury claim, for the very same reasons as ATV riders. They charge that “BMX-motocross” riders know what they’re getting into the minute they hop on that off-road bike as they invoke the “assumption of higher risk” when automatically denying claims. We admit that in a larger share of such cases or claims, that reason might be valid. What if others outside of the biker had a hand in the events that caused a catastrophic accident?

Might someone have wandered onto the course and in his attempt to avoid hitting that person, the biker ran into a tree or over a ledge? What if the owner of the property on which the bike trail lies has not removed serious obstacles that would obviously cause a disastrous wreck: even if the bikers all signed liability releases? One thing about releases that few know, there is a mutual assumption of responsibility. The biker agrees to abide by the terms of the release, but the owner of the property must make all reasonable efforts to provide a safe trail. Just because a release is signed doesn’t universally protect property owners. This holds true for not only sanctioned BMX course owners but anyone who owns the property and allows off-road bikers onto that property.

Then there are injuries resulting from defective products. Recently, it has come to light that some of the handlebar assemblies on certain BMX bikes may be defective, causing them to fail in high-stress situations and making the bike careen out of control. There have also been defective product lawsuits against some BMX brake manufacturers from time-to-time. And even with the development of space-age technology when it comes to crash helmets or other protective wear, sometimes they can also be defective. That’s why it’s important for off-road bikers (and all motorcyclists for that matter) to regularly visit the CPSC’s website to learn about any defects that may be associated with the motorcycles they might own.

Personal injury lawyers who focus on motorcycle accidents – both off-road and on – are best equipped to discover all of the facts surrounding your legal case or insurance claim. Because motorcycle accidents can be complex, it is important for victims to seek out a personal attorney who has access to expert witnesses and knows which experts to involve in the legal claim.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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General Negligence Lawsuits: Are You Just Fishing in the Dark?

Sometimes, when the facts of an off-road case might not suggest a specific cause, but the investigation suggests some form of negligence involved in an off-road vehicle accident, attorneys and their clients might file a general negligence lawsuit against those who are believed to be defendants.

These kinds of civil actions are just what the title implies. But the reality of a general negligence lawsuit, and the fact that it is not explicitly linked to any specific sort of civil damage claim, like a work injury or a car wreck, or even a defective product, makes them something of a catch-all. Because of this, often general negligence lawsuits can be very difficult to prove for two reasons. Essentially, a general negligence lawsuit is literally seen by many as “throwing everything at a wall to see what sticks.” And some (mostly insurance companies and defense attorneys) see general negligence suits as something akin to walking into a clothing store and trying everything on to see what looks good on you.

Because of this, the levels of general negligence proof can be extremely high. And this is why it is very hard for you and your attorney to not appear as if you’re filing a nuisance lawsuit. So the simple fact of the matter is this: You and your ATV and off-road accident attorney must have clear and overwhelming proof that your argument is legitimate. The more proof you can offer up to the insurance company or civil jury, the better. And even then, especially in light of our latest round of Texas tort reform, you can still get blown out of the tub, even if you do everything right and end up paying the very people you are trying to sue.

When you go to trial, the first thing your legal opponents will do is ask the Judge to summarily judge all of your accumulated but still unrepresented evidence and determine if you have what is called a “prima facie” case. If the judge rules that you do have a case, then you go to the next round of litigation, consideration of motions. If the judge thinks your case is a bunch of bushwah and dismisses it, guess who is on the hook for all court costs and attorney fees? Certainly not the defendant.

This is not to say that a general negligence lawsuit cannot be won. The key to winning one comes from the quality of your attorney’s investigations and the specialized experts that are available to your legal counsel to devise a clear plan, then paint a lucid picture of liability: not to mention your Texas off-road accident injury lawyer’s ability to negotiate with the insurance companies to offer a fair settlement.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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Insurance Company Legal Opposition Can be Very Stout in an ATV or Other Off-Road Accident

Accidents involving any off-road vehicle often cause catastrophic injuries to these unfortunate plaintiffs. Many times the road to recovery can be long, and very expensive. Long term and permanent disability to the ATV or off-road biker can also be a factor, in addition to months or years of lost income. All of this adds up to very large insurance claims and very aggressive defenses against these people who are injured and try to recover rightful compensation that will pay their bills as they convalesce. A knowledgeable ATV and off-road accident attorney can be a biker’s best friend.

There is a “cultural popularity” when it comes to blaming those who operate “non-traditional” vehicles for any and all accidents they are involved in. That bias makes many feel that people who operate off-road motorbikes and should automatically accept this “high risk” behavior as part of their lifestyle and live with the results of their lifestyle. And that preconception is warmly embraced by insurance companies as a favorite excuse to not pay accident claims, which is the real business that insurance companies are in.

There is one common thread to all off-road vehicle accidents The injuries to the victims are often very expensive, cause some form of disability, a lot of pain and suffering, and usually prevent these people from working for months or years as they recover. That represents a significant loss to the insurer when a lot of money, must be paid to the injured victim. So they fight like the devil to avoid paying a serious injury claim or civil suit.

They use adjusters to make you think they’re on your side, only to trick you into saying something that can be used against you later. They use delaying tactics to pay what are clearly justifiable claims. They offer woefully inadequate compensation settlement packages that don’t come close to paying your medical bills, pain and suffering, lost wages because you can’t return to work immediately; or disability if you can’t return to work at all. The insurance companies have very good attorneys to hide behind in their efforts to not pay your claim.

Just because they think they can treat you this way if you’ve been involved in these types, or any other vehicle accident, doesn’t mean the insurance companies are right in doing it. The only real way to defeat them is with an experienced injury attorney who understands the subtle nuances of liability when it comes to these many types of mishaps under the general heading of “other vehicle accidents.”

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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Our Law Firm Will Fight for Your Injury Rights from Any Vehicle Accident

If you expect to be compensated for injuries you sustained in an off-road accident, you need an experienced local personal injury lawyer who knows how to investigate such accident scenes to uncover all of the evidence that backs you up: then present it in a manner that proves your injuries resulted from someone else’s negligence.

Our Law Firm has a great deal of experience investigating all sorts of vehicle accidents.

Insurance carriers, along with their attorneys, know that when we’re on the case that we won’t go away as we pursue justice for our injured clients. Negotiating fair settlements with insurance companies and, if necessary, taking them to court in order to win damage compensation often convinces your opponents to offer that fair settlement that will relieve you of this sudden financial nightmare and help you recover as you should.

So, Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer.

We have won just compensation for hundreds of clients against every major insurance company in the state. And once they see the handwriting on the wall, they are more apt to offer a fair settlement rather than risk an even higher civil judgment from a jury, in addition to the cost of a trial. We use our intimate understanding of the laws in question, coupled with state-of-the-art investigative techniques to devise a strategy that serves the specific needs of your case. This can deliver fair restitution for your injuries.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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Suing your workers’ comp non-subscriber employer and all identified third parties for damages

If your employer is a workers’ comp subscriber, file your normal claim and augment its coverage benefit cap with targeted civil suits against all identified third party defendants for supplemental damages. Often, a workers’ comp claim and third-party lawsuits will combine to produce fair cumulative compensation.
Just jumping to either strategy doesn’t happen immediately. Because you have to learn who did what, when, and the degree of negligence that caused your injuries. If property owners are suspects, you must know what they knew and when they knew it. The ability to properly investigate the accident scene and the roles everyone played in your drilling rig or pipeline accident is absolutely necessary. This is another reason why it’s best to hire an experienced drilling rig and pipeline attorney to manage this intricate case, and the equally complicated investigation that produces the evidence which leads to your best legal strategy.

Hope for the Best, but Prepare for Trouble Once the Civil Lawsuits are Filed
The now-complete investigation has revealed liable third party defendants and/or a non-subscribing employer. It’s time to begin your lawsuit. What happens next?

It usually begins (with your attorney on your behalf) filing a claim, on your behalf (the plaintiff) against the non-subscribing employer, or third-party defendant, stating that the injury has caused you harm. It will include the total damage amount you are seeking. If the defendants are insured, they simply turn this over to their insurance company, unless they’re self-insured or not insured.

The insurance company will most-likely dispute your allegations immediately and without consideration, because that’s what insurance companies do until they know you are serious and won’t go away. This begins the “negotiation phase.” It’s possible that negotiations could produce the damage amount you seek, especially if the insurance company knows you have a very strong case. That’s the best-case scenario.

Much more often, drilling rig injury cases are contested and you will be forced to file an actual lawsuit. The burden of proving that employer or third party negligence caused your injury which produced the damages you seek is squarely on you and your attorney’s shoulders. Here is where the strength of your case lies in the quality of your lawyer’s investigative powers.

Sometimes your case is strong, but your employer’s or third parties’ insurance company still resists paying your injury claim, even if the defendant/policyholders want them to in order to make you go away. So, insurance companies encourage them to “circle the wagons” with them by threatening higher premium payments. This happens because insurance companies hate paying claims and do all they can to influence their defendants to resist you just as belligerently as they. And when it comes to the tactics used to deny paying your damages, we’ve found that defendants, their insurance companies (and their lawyers) most often use a traditional defense found in personal injury law to avoid paying injured employees rightful compensation.

The primary liability defense strategy is to charge the plaintiff with a sole proximate cause. This means the victim was totally to blame for his drilling or pipeline injuries. In order to invoke the sole proximate cause against you, the defendants say and do anything to try and suggest that you alone were careless or irresponsible and caused your painful injuries. They do everything they can to sully your reputation as a worker and a human being to make their point. They try to enter evidence that has no bearing on the case, other than try and prove their flimsy charges. Since insurance companies are very experienced, and their attorneys very shrewd, when it comes to fighting your claim or civil case, you must expect any trick they can come up with to change the argument, and hopefully have a good accident lawyer to shift the liability spotlight back on the defendants and away from you.

Regardless of whether your accident occurred offshore or deep in the heart of Texas, you should contact one of our Law Firm’s accident attorneys in order to fully understand your injury compensation rights and the process of winning damages for those injuries.

An experienced accident attorney with our Law Firm will help you win your oil and gas injury liability case anywhere in Texas or out in the Gulf. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We can answer all of your questions and tell you the best way to win the compensation you deserve from your injury on a drilling rig or pipeline.

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Defendants Question Whether a Genuine Employer-Employee Relationship Exists so They Can Avoid Paying You

In addition to the sole proximate cause defense, another popular way for employer-defendants to wiggle out of paying you damages from your drilling accident, finds many clever employers saying that you are technically not an employee to begin with. This – they will claim – renders the issue of their liability moot. When faced with an expensive personal injury liability lawsuit in the workplace, employers know they are not responsible for injuries to their subcontractors, or a subcontractor’s employees. So many of them will, in-reality, hire employees, then turn around and claim they are instead, contractors. But anyone can claim anything. Proving it is another matter; especially when you have an experienced Texas drilling and pipeline accident attorney to unmask their subterfuge. Remember, the burden of proof is on you. That includes disproving every charge they fire at you, no matter how frivolous it might be. In a trial, when it gets to the point of feckless defendant charges, things start looking pretty good for you.

While many drilling companies claim this non-employee point, they know that a true employer-employee relationship exists for the purposes of accident liability and that you have the right to receive to damages from this defendant. Here are some of the ways to disprove this employer ruse and confirm an employer-employee relationship exists.

Social security or taxes have been withheld from your paycheck by the employer.
The essential equipment for the job was supplied to you by the employer.
Your work has been regularly managed, overseen or inspected by your employer.
A specific work schedule has been set for the job by the employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-job basis.
In cases where an employer claims you have been “borrowed” from another company, or hired through a third-party employment agency, the rules for determining the working relationship are closely related to those above. Depending on defendant allegations, there can be some discrete, but crucial differences in determining the employer-employee relationship. Some of these conditions may include:

If the borrowing employer can hire or fire you at any time, you are clearly an employee. Otherwise, you are a contractor.
Most of the time, if the borrowing employer can pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
This answer is the same when it comes to tools and equipment. If you provide them, then you are a contractor. If the employer provides them, then you’re an employee.
If the agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If you are borrowed indefinitely, then the worker is an employee. But if you’re borrowed for a specific project with a specific date of completion, then you’re a contractor.
If you are borrowed or “leased” because of a skill that is unique or hard-to-find, then you’re a contractor. On the other hand, if an employer borrows you to fill a position that just about anyone can fill, then you’re an employee.
If the borrowing employer agrees to pay your social security and income tax, then you’re an employee. If the borrowing employer does not accept this responsibility, then you’re a contractor.

Our Law Firm conducts a methodical investigation of your employer to prove any one of these employee standards. We will depose co-workers, review contracts, and examine pay stubs to prove an employer-employee relationship existed when you suffered an on-the-job injury.

Regardless of whether your accident occurred offshore or deep in the heart of Texas, you should contact one of our Law Firm’s accident attorneys in order to fully understand your injury compensation rights and the process of winning damages for those injuries.

An experienced accident attorney with our Law Firm will help you win your oil and gas injury liability case anywhere in Texas or out in the Gulf. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We can answer all of your questions and tell you the best way to win the compensation you deserve from your injury on a drilling rig or pipeline.

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Most Every Defendant Strenuously Avoids Paying Injury Damages You Rightly Deserve: Whether they’re Insured or not

Personal injury civil defendants break down into two basic categories. They are either covered (and represented) by an insurance carrier, or they are self-insured. No matter what category they fall into, they persistently fight to avoid paying your injury damages.

Defendants who have insurance coverage know they can also rely on the attorneys they have, either on staff or permanent retainers to vigorously defend their shared interest (which is to not pay your damage claim). They are very good at denying drilling rig and pipeline accident injury claimants and their lawsuits. You can anticipate a great deal of belligerence from this defendant team. It’s their job to take a “how dare you?” position, especially when they’re trying to deny respondeat superior and turn the sole proximate cause tables against you. They can terrify a claimant who has no attorney, or who has retained an inexperienced one.

You can beat them with good evidence, a just cause, and an experienced petroleum workplace accident attorney who knows how to counter every trick they try to pull. Don’t forget, one of the corporate petro-giants might be involved (usually behind the scenes, pulling everyone’s strings). This is why you must be fearless, just like your experienced lawyer, because you can win.

But arrogant insurance companies and their lawyers who are pitted against you are governed, to-a-point, by a legally mandated code of ethics surrounding their behavior, and the lengths they can go in defending themselves. There are no such rules governing the behavior of self-insured contractors and subcontractors who are defendants in your lawsuit. And they are apt to use every malicious trick they can think in order to defend themselves against your civil damage suit. Some of those tricks are immoral. Others are even illegal. All their equally threatening attorneys need to do is deny any knowledge of this sneaky, reprehensible behavior by their clients, just like Sergeant Schultz (“I see nothing, I know nothing”).

You will likely deal directly with an officer of the self-insured drilling or pipeline company. This person’s salary is coming out of company profits. Whatever injury award you are paid comes directly out of company funds (or a cash bond), which means your employer, or that third party, is taking money out of his own pocket. This is why a self-insured company officer uses any trick he can think of to deny your claim and protect his company’s (and his personal) assets.

These people deliberately destroy evidence, intimidate, and even bribe witnesses. Sometimes they’ll resort to physical threats against you or even your family. Often, when a self-insured drilling or pipeline defendant is involved, early-on we file motions that prohibit anyone with the company from inappropriate behavior towards our clients. And regularly, such motions clearly demand they make no attempt to communicate with our clients, or their families unless one of our attorneys is present.

Regardless of whether your accident occurred offshore or deep in the heart of Texas, you should contact one of our Law Firm’s accident attorneys in order to fully understand your injury compensation rights and the process of winning damages for those injuries.

An experienced accident attorney with our Law Firm will help you win your oil and gas injury liability case anywhere in Texas or out in the Gulf. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We can answer all of your questions and tell you the best way to win the compensation you deserve from your injury on a drilling rig or pipeline.

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Texas Injury Laws do not Govern Offshore Drilling: But our Law Firm Handles Those Cases too

If you have been hurt on an offshore drilling rig or pipeline, the laws that govern those injury cases stop at the Texas coast. When the rig is “on the water” several completely different laws from those in the state provide the basis for damage compensation from a work-related injury. On one hand, this makes things easier for you. But on the other hand, winning just compensation can be just as tricky.

Platform drilling injury cases typically fall under the purview of the Jones Act (which is officially known as the Merchant Marine Act of 1930). Other legislation that is even older might also factor into your case: such as the Limitations Liability Act of 1851 and/or the Death on the High Seas Act, which has its roots in English Common Law. The Limitations Liability act might be a stretch, seeing as how it was enacted long before the existence of the modern insurance company. But there are some obscure loopholes in all the above laws that could apply to your case, depending on the issues and events surrounding it.

Generally, the same types of damages available through Texas Civil Law are available to offshore platform workers. But as we’ve mentioned, how you and your attorney win just compensation for injuries, lost wages, pain, suffering, and death benefits are quite different due to some of those obscure loopholes, the insurance companies who underwrite offshore drilling companies, and their very specialized and talented attorneys.

Regardless of whether your accident occurred offshore or deep in the heart of Texas, you should contact one of our Law Firm’s accident attorneys in order to fully understand your injury compensation rights and the process of winning damages for those injuries.

An experienced accident attorney with our Law Firm will help you win your oil and gas injury liability case anywhere in Texas or out in the Gulf. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We can answer all of your questions and tell you the best way to win the compensation you deserve from your injury on a drilling rig or pipeline.

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5/18//2020 law content legal

Hurt in a Texas Motorcycle Accident? Was the Accident Someone Else’s Fault? Call our Law Firms
The freedom you feel when riding a motorcycle is hard to describe. The thrill of the wind on your face as you move along the open road with little between you and elements is an awesome feeling. Unfortunately, that freedom can be lost in a split second if you are involved in a motorcycle accident.

Studies have shown that there is a higher risk of a fatality occurring in a motorcycle accident than in any other type of auto accident. Regardless of the safety precautions you take when riding your motorcycle, the risk that you may be injured or killed by another driver is always present. With the increase in motorcycle accidents, your risk of being injured or killed by another driver while on the road is ever-present. Motorcycle accidents occur for a number of reasons, ranging from driver distraction to drunk driving.

If you have been involved in a motorcycle accident, you may not be aware of your rights in this situation. Further, if you have lost a loved one in a fatal motorcycle accident, you may not know about the availability of legal recourse to see that justice is served. The article below, provided by the Texas motorcycle accident attorneys with our Law Firm will provide information that will answer your questions regarding Texas motorcycle accidents. With over twenty years experience in the areas of personal injury and wrongful death cases, the motorcycle accident attorneys with our Law Firms can assist you during this stressful time.

Motorcycle Accidents vs. Car Accidents
When viewing the scene of a motorcycle accident, the stark differences between motorcycle accidents and those involving car wrecks can easily be seen. It is no surprise that motorcycle accidents can often result in serious injuries and fatalities. According to the Texas Department of Transportation, two-thirds of motorcycle accidents end in serious injury to or death of the motorcyclist. Other statistics reveal that there were 434 fatal motorcycle accidents in 3009 which accounted for 14 percent of all traffic fatalities during that year. Further, 5,800 motorcyclists or passengers were injured in 3009. The serious injuries and fatalities that happen in motorcycle accidents are simple to understand. The lack of protection for the rider and/or passenger is one of the major contributing factors to motorcycle accidents. With its heavy structure, passenger vehicles provide much greater protection to its occupants in the event of an accident than a motorcycle does.

Many people are not aware of how this difference will impact the way in which motorcycle accidents must be dealt with in the legal realm. To explain, passenger vehicle claims are most often settled between the two parties without the necessity of legal representation. However, it is extremely rare that a motorcycle accident can be resolved without the assistance of a skilled Texas motorcycle accident law firm. As a result of the serious injuries or death that may be incurred, the large compensation amount will be the incentive for an insurer to fight aggressively against the injured party or bereaved family. If the victim does not have the legal representation of an experienced Texas motorcycle accident attorney, it will be difficult for the victim to properly assess the value of his claim. Without this knowledge, the victim may be influenced to accept a minimal offer. As a victim, you need to have legal representation that will be your advocate and defend your interests against an opposition that places a higher value on their own good than yours.

Texas Injury Motorcycle Accidents
A broad variety of injuries can be sustained in a motorcycle accident. Minor injuries such as bruises and cuts as well as life-threatening brain or spinal cord injury can result from motorcycle accidents. A minor motorcycle injury such as road rash, if left untreated, can become infected and develop into a more serious condition. In every type of personal injury lawsuit, it is very important for the victim to obtain medical attention as soon as possible. Failure to do so can negatively impact your claim. For example, if you fail to seek medical help for road rash and it develops into a life-threatening infection, then the party responsible for the accident cannot be held liable for the infection.

Did You Know?
Our Texas Texas attorneys have won hundreds of Motorcycle Accident cases. Call us today to discuss your case. 1(800) 862-1260

Broken bones and fractures can result when motorcycle riders are ejected from the motorcycle and land on the ground. These injuries require medical attention and can result in financial loss for the victim if the loss of mobility affects his ability to work. With the assistance of a Texas motorcycle accident attorney, compensation for lost wages can be sought by the injured motorcyclist. Further, disfigurement spinal cord or brain injury can develop into life-long conditions and possible constant care. Burn injuries can leave scars on the face, hands, legs, neck or back. Loss of limbs that can result in amputation can cause extreme emotional stress and can diminish the quality of life for the victim. Through the filing of a personal injury lawsuit compensation can be sought for each of these injuries.

Texas law requires everyone under 21 to wear a helmet while riding a motorcycle. The benefits of wearing a helmet are difficult to argue. A helmet may help to prevent spinal cord injuries or brain trauma that are two of the most serious motorcycle injuries. Paralysis can occur from these injuries which can lead to a life-long medical condition that can require constant attention. This type of condition is accompanied by significant medical debt. Victims of severe motorcycle accident injuries are those that are in most need of legal representation to review their options so that financial compensation can be sought to help cover the huge medical costs that are connected with brain injuries and spinal cord problems.

Medical attention may be needed for an indefinite period of time depending on the severity of the injuries sustained in the accident. This attention is costly, often running into the thousands to millions of dollars. This being the case, the insurance policy that may have to pay out such a huge amount to a deserving victim will be heavily defended. It is important to seek the help of a highly skilled Texas motorcycle accident attorney who can be just as aggressive in protecting your rights. Without this help, you could very easily settle for much less than your case is worth.

Fatal Motorcycle Accidents in Texas
According to the Texas Department of Transportation a fatal motorcycle accident occurs in Texas every day. This means that one family loses a loved one every day somewhere in Texas due to a fatal motorcycle accident. If you have experienced the tragedy of losing a loved one in a motorcycle accident, our Texas wrongful death attorneys can assist you in discovering the truth about the accident so that all liable parties can be identified and brought to justice for their negligent behavior. When the negligent actions of one party cause the accidental death of another, the surviving members may bring a wrongful death civil lawsuit against the negligent party in order to seek compensation for wrongful death and survival damages.

Only one family member can seek survival damages on behalf of the slain motorcyclist. However, multiple family members may seek wrongful death damages for the financial losses they may have suffered as a result of the death of their loved one. Many wrongful death lawsuits are not pursued just for compensation alone. Although compensation is a necessary part of any wrongful death lawsuit and helps to cover financial losses that have been incurred, it is also used to hold the liable parties accountable for their actions. Before the filing of a suit, a bereaved family may contact a Texas fatal motorcycle accident attorney in order to begin an independent investigation to identify all liable parties involved in the accident. Each party can be sued for their particular role in causing or contributing to the motorcycle accident. The fatal motorcycle accident lawyers with our Law Firms have over two decades of experience in investigating fatal accident scenes. Consequently, we can understand the complexities of these scenes so that all liable parties can be identified.

Drunk Driving Motorcycle Accidents in Texas
As in other drunk driver accidents involving passenger cars, drunk driving motorcycle accidents may result in a lawsuit being brought against a negligent bar or restaurant. If the bar over-serves a patron who later causes an accident in which he or others are injured or killed, it can be held partially liable for the drunk driving accident. For example, a first party dram shop cause of action can be pursued if a drunk motorcyclist wrecks their motorcycle and causes injury to themselves. A third party dram shop cause of action can be pursued if a drunk car driver strikes a motorcyclist. Either way, if the driver was inebriated due to being over-served alcohol at a bar before causing the accident, compensation from the negligent drinking establishment can be sought by the injured person. The injured party can pursue compensation from both the drunk driver and the negligent drinking establishment in a third party dram shop cause of action. The same liability issues apply to wrongful death cases. Attempting to establish that a person was over-served alcohol at a bar before the occurrence of an accident is very difficult to do without the assistance of a skilled drunk driving accident lawyer. The attorneys with our Law Firms have a thorough understanding of dram shop law and can ensure that all liable parties are held accountable for their negligence.

Motorcycle Product Liability
Although it is rare, there are instances in which some motorcycles are sold with flaws that result from poor design. More are simply negligently manufactured in such as way that a vital component fails with continued use. An engine bearing that fails or a chain that breaks can lead to catastrophic injury. If such a failure is the cause of injury or death to the motorcycle rider, the law allows the victims to bring a product liability claim against the manufacturer. There are some situations in which multiple parties can become defendants. In other words, if a motorcycle is sold by a certain manufacturer and some component on the bike fails, then the manufacturer or seller of the motorcycle along with the supplier of part may be liable for the accident.

Product liability claims for defective motorcycles are very complex legal matters and cannot be based on speculation. A considerable amount of evidence must be obtained and saved. The burden of proof is the responsibility of the plaintiff. Evidence must be presented that proves that the failure of the part was attributable to the manufacturer’s negligence. Therefore, it is vital that the specific cause of the failure be identified. It is for this reason that a thorough evaluation must be conducted on the defective components by a qualified engineer who can pinpoint the exact nature of the failure. Further, the motorcycle and its accessories must be stored so that they can be used as evidence.

Failure to properly preserve the evidence that support the plaintiff’s claim is the primary reason that most product liability claims fail to materialize. A non-attorney will not have a sufficient understanding of the procedural issues involved in such a case to be capable of representing themselves. Due to this, it is vital that an experienced motorcycle accident attorney be retained to represent you.

Motorcycle Maintenance Issues and Misrepresentation of Condition
There are situations in which shoddy maintenance provided by a professional service shop can also lead to serious injury. When you experience car problems, it can be taken to the shop for repairs. However, a mechanical failure stemming from poor maintenance on a motorcycle can result in a disastrous accident that can lead to serious injury or death. Unfortunately, a negligent mechanic can commit an oversight that results in a failure. In these circumstances, a negligence claim can be filed against the repair shop.

Conversely, in some cases, a private party or dealership will knowingly sell a motorcycle that is in poor mechanical condition. Some will even attempt to hide the extent of the poor condition of the motorcycle. To illustrate, our firm was recently contacted by a gentleman who purchased a sport bike from a licensed dealer. As he was riding the motorcycle home, he noticed that the motorcycle was not behaving properly. Fortunately, he took the motorcycle to a repair shop for inspection before he sustained any accidents or injuries. Upon inspection, the repair shop found that beneath the new fairings the triple tree was cracked, the radiator was not properly attached, and, most importantly, that the frame was damaged and masked with body filler and spray paint. Simply put, the motorcycle was previously wrecked and the dealership made cosmetic repairs and sold it as if it were new. Besides being a violation of the Deceptive Trade Practices Act, this motorcycle could have easily caused an accident that claimed the life of the buyer. In this situation, the dealership who sold the motorcycle would be liable for their negligence as well as a deceptive attempt to sell an unsafe motorcycle could result in the assessment of punitive damages.

Adjuster and Jury Bias in Texas Motorcycle Accident Cases
There are instances when motorcycle riders may face bias in connection with their motorcycle accident. Many times the public’s perception of motorcyclists is one of a wild bunch of bike riders, reckless in their ways, and heavy on their throttles. Insurance adjusters and defense attorneys will use this perception to their advantage by stoking this bias so that the jury will view the injured motorcyclist as mostly complicit in their own accident. Put another way, experienced insurance adjusters will use this misperception to place as much blame as possible on the motorcyclist themselves. If an adjuster can convince a judge or jury that a motorcyclist is mostly at fault for their own accident, then the adjuster likely stands to save his or her company a substantial amount of money.

Sadly, an insurance adjuster will work diligently to have a compensation claim denied despite the fact that the motorcyclist sustained severe injuries in the motorcycle accident. This is one of the main reasons that an injured motorcyclist should consider discussing the details of the accident with a motorcycle accident lawyer before trying to manage their claim on their own. With so much to lose in compensation that could be used for past and future medical bills, property damage costs, lost wages, and pain and suffering) choosing to work alone, or with inexperienced legal representation, is simply an action you cannot afford to take. On the other hand, with the legal assistance of the motorcycle accident attorneys at our Texas Law Officess, we can confront any biases that an adjuster or defense attorney may attempt to use against you or your loved one.

Our motorcycle accident lawyers believe that many motorcyclists are safe drivers. Many individuals appreciate the cost-effectiveness of using a motorcycle as a primary means of transportation. These riders put a high priority on their own safety, the safety of their passengers, and the safety of those around them while riding their motorcycles. Unfortunately, just stating that a motorcyclist that was involved in an accident was a safe driver is not enough evidence to convince a judge or jury of that fact. What is necessary is relevant evidence that is obtained from the scene of the motorcycle accident in the proper way so that it can be admissible in court. Using this evidence coupled with eyewitness testimony, our attorneys can assist you with the burden of proof to show how a negligent party was the cause of your accident. Without this type of proof, your attempt to obtain compensation will be unsuccessful. Evidence is also crucial in order to refute any biases that may be at work against you.

Aggressive Insurance Adjusters
As previously mentioned, the last thing that an insurance adjuster wants to do is award a claim for a substantial amount of money to a victim. There may be some instances in which financial incentives in the form of bonuses or raises may be associated with the amount of money that an insurance adjuster can save the company. In these situations, the adjuster is working more for his own good rather than that of an injured victim or bereaved family. To this end, they will often use certain strategies that can be used to see a claim denied or severely diminished.

One strategy that is often used is for the adjuster to attempt to place as much blame on any other party other than their client. If they are successful in placing the majority of the blame on the accident victim, then the claim will be dismissed. Further, if blame can be directed onto multiple parties, then the insured’s client will not have to pay as much in compensation. In short, aggressive insurance adjusters will do whatever necessary to deflect as much blame as possible from their client. They will badger and inundate the motorcycle accident victim with questions in an attempt trip up the victim concerning his recollection of the accident. If successful, these missteps will be recorded and used against the victim later to disprove the victim’s memory of the accident. If the attorneys for the defense have conducted a thorough investigation and the plaintiff hasn’t, an insurance adjuster can use the evidence collected in the investigation to build a solid case against the motorcycle accident victim. If you do not have sufficient evidence to support your claim, you have little chance to refute the claims made against you.

Another tactic used by an insurance adjuster is to offer the accident victim or bereaved family quick compensation. Generally speaking, the offer will be accompanied by paperwork that must be signed by the victim before the compensation can be released. This settlement will most often be a low-ball offer. This offer frequently contains a tantalizing amount of money that could be very appealing to a victim who has a need for quick cash. However, if the victim accepts the offer, he must first sign away all his rights to bring a lawsuit against the parties responsible for his injuries. If an insurance adjuster can contact a victim before he or she has the opportunity to obtain legal representation, the adjuster’s chances of settling the case for the least amount of money is increased. Often, when the adjuster cannot get the case dismissed, a low-ball settlement offer is the next best choice.

Do I Need a Texas Motorcycle Accident Attorney?
There are many reasons why you should consider contacting the Texas motorcycle accident attorneys with our Law Firms if you have suffered an injury due to a motorcycle accident or if you have lost a loved one due to a fatal motorcycle accident.

We understand Texas vehicle law. With two decades of relevant experience investigating 18 wheeler accidents, auto accidents, and motorcycle crashes, we know what, and more importantly, who, to look for in connection with all types of Texas vehicle accidents.
We can help you seek compensation for medical costs. Even minor motorcycle accidents can produce severe injury. These injuries require extensive medical attention with high medical costs.
We are a proven wrongful death law firm in Texas. In the last twenty years, we have assisted families through the stressful times so that they can see that justice is served against those responsible for the death of their loved ones.
We have significant experience in drunk driving cases in Texas. Our attorneys understand dram shop law and are willing to put in the challenging work to hold the negligent bars and restaurants accountable for their actions.
We understand the technical details involved in motorcycle accidents, including those caused by defective parts. When necessary, we seek the help of experts who can provide invaluable expert testimony in certain cases.
We understand that a subtle bias against motorcyclist may exist in some situations.
We enjoy a hard-won reputation against aggressive insurance adjusters and defense attorneys. In fact, we have faced nearly every major insurer in the U.S.
We can help prevent you from being taken advantage of by an insurance company. When the Texas law firm of our Law Firms is hired, we become the entity that solely deals with the insurance adjuster. Since they know they can’t take advantage of our knowledgeable attorneys, we are able to fight more aggressively for your rights on every level.
With proven experience, a hard-earned reputation, and significant knowledge, Texas motorcycle accident attorneys with our Law Firms are ready to assist you through this most difficult and stressful time. To learn more about your legal options, contact us at 1(800) 862-1260.
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Have you Been in an Accident With a Drunken 18-Wheeler Driver? You May be Entitled to Recover Damages
Many times, in the event that an intoxicated big rig driver is involved in an accident with you, multiple defendants could be the target of a civil suit: the driver, the company that driver was working for at the time of the accident, and the bar or restaurant that created this dangerous menace.

Because of this one fact, your DUI trucker wreck can be incredibly complex due to the large amounts of money involved when dealing with all of these possible defendants.

The trucking company could carry some liability for your damages because they are responsible for the actions of their driver. Of course the truck driver carries a large share of the liability. And because of Texas Dram Shop Laws, which state that the establishment that served the intoxicated person the alcohol might be partially liable for some of the legal responsibility when that intoxicated person injures someone else. For instance, if a restaurant served an already-intoxicated truck driver more alcohol and then the truck driver was in an accident, the accident victim could file a claim against the restaurant as well as the driver.

These cases are further complicated by a possible gross negligence charge against any of the three parties. When a driver of a commercial vehicle knowingly operates that vehicle while intoxicated, the driver is considered grossly negligent. The same thing holds true if the bar or restaurant willfully continued serving the drunk truck driver. And if the driver’s employer was aware of the driver’s penchant for driving drunk, even outside of his job, a case can be made that the trucking employer was willfully negligent in turning a blind eye to this behavior. All of these elements may help your case, but only if you have an experienced attorney who knows how to use them. The attorneys employed by these multiple defendants’ commercial insurance carriers will do whatever they can to dispute any claims of gross negligence that you and your lawyer will make.

There are even technicalities in place that can make this exceedingly simple for them. For instance, some insurance policies are considered null if the holder of the policy commits an intentional tort. This means that you may not be eligible for any money if the defense attorneys succeed in presenting your case in a particular way.

To summarize, you must have a team of experienced personal injury attorneys to make sure your case is seen for what it is. The Texas trucking and dram shop attorneys at our Texas Law Offices have over 30 years of experience with cases just like yours. An experienced intoxicated truck driver accident attorney can help you win the compensation you deserve and bring all negligent parties responsible for your injuries to full and complete justice.

Dram Shop Laws Hold Bars and Restaurants Liable for the DUI Wrecks They Help Cause
The Texas Dram Shop Act was rewritten in 3003. It now holds businesses that serve alcoholic beverages to be just as liable for DUI accidents as their intoxicated patrons. The Act also created a clear series of guidelines by which these food and beverage (F&B;) businesses can deny service of alcohol to people who are apparently intoxicated. And now that they can legally cease serving drunk customers, this makes them liable for their actions if they continue to serve the intoxicated customer. Recent research has shown that well over 90 percent of all drunk driving accidents in Texas happen when a bar or restaurant continues to serve visibly intoxicated customers, who then become drunk drivers and cause accidents that lead to serious injuries and even deaths.

Before they were rewritten, the original dram shop laws were little deterrent to these bars and restaurants. And because of that, their liquor flowed like water. In the “old days” society didn’t necessarily view drunks as harshly as does now. But over the years, greater public awareness of the problem inspired changes when it came laying the blame for creating drunk drivers where it belongs. And the Dram Shop Act was amended to make businesses that serve liquor much more liable both criminally and in civil cases. There are two primary features to these strengthened Dram Shop Laws that now apply to your case.

The first one makes bars and restaurants more responsible for their customers’ level of intoxication. This stricter set of rules now holds bartenders and waitresses legally liable for the amount of alcohol their customers may consume. F&B; employees, which include managers and can also include busboys and even some kitchen staff are now required to receive formal instruction in how to identify their customers who are drunk, and the tactful ways in which they are to cease serving them alcohol. Since this new legal liability affects their livelihood, many restaurant and bar employees have acquired a new ability to more readily recognize their intoxicated customers. This, in-turn, is generally helping make Texas roads safer than they were before the new dram shop laws were passed by the Legislature: but the job is still not finished.

This is because sometimes bars and restaurants that serve alcohol can still sometimes find that their commercial interests work at cross-purposes with Texas dram shop laws. This is because they make as much as 40 percent of their profits from the alcoholic beverages they serve to their customers because alcohol is a relatively low-cost/high-income source of revenue. So even if DUI-related accidents have seen a gradual decline the past few years, too many of them still occur. Some bars and alcohol-serving restaurants find it difficult to follow the law when that proper behavior appears contrary to their financial interests. So in addition to the heightened awareness in recognizing drunk patrons, the second primary objective of the new dram shop laws is to clearly make these establishments much more liable for the drunk drivers they produce. This is so important in assuring that that the victims of any drunk driving accident receive fair and adequate damage compensation for the recklessness of not only the drunk drivers, but the people who are just as responsible for the driver’s intoxication: regardless of whether that drunk gets behind the wheel of a four ton car or 50 ton fully-loaded 18 wheeler.

Did You Know?
our lead attorney has been fighting for 18 wheeler accident victims` rights for over 30 years. Call us to discuss your case. 1(800) 862-1260

Before the new Texas Dram Shop Act, the victims of drunk driving accidents had no legal recourse against anyone but the driver (or in this case, also the trucker’s employer in some cases). Today however, bars and other alcohol-serving establishments are held just as liable for damages caused by the drunk drivers they create. In some cases, even the passengers of a drunk driver have been able to successfully sue the establishments responsible for injuries arising from a DUI-related accident. And on occasion, drunk drivers who cause a wreck have turned around and sued the bar or restaurant that over-served them. But such success is not always assured unless there is an experienced Texas dram shop attorney to represent them.

Wrongful Death as a Result of a DUI 18-Wheeler Accident
Wrongful death damages are those directly incurred by the family members that have lost a loved one due to any type fatal accident. So if you have lost a loved one after being hit by an intoxicated big rig driver, you also have the right to sue every liable party: the driver, his or her employer, and the F&B; operation that created this over-the-road menace.

These damages can be sought by multiple immediate family members such as a spouse, parents, or children, either separately or collectively. Wrongful death damages often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, along with a family member’s pain and suffering due to their loss. Survivors can also sue for loss of financial support that had been provided by the decedent, loss of consortium (or unique familial love) and the fact that they likely had to witness their loved one suffer and die.

Survival damages, on the other hand, relate to the damages that the decedent family member incurred, or would have had a right to collect had they survived the accident. And in this case, only one family member can seek survival damages through that family member who acts as a legal proxy for their deceased relative in a Texas wrongful death case. But that family member who seeks survival damages can also seek wrongful death survivor damages. But only the closest living family member can pursue a survival damages claim. Usually the one that will file a survival damage lawsuit is the spouse. But if the spouse is absent, or does not file a civil suit, the children (from oldest to youngest) are next in line. After that come the parents of the deceased loved one, then maybe a sibling. But again, only one family member can file a survival damage lawsuit.

Survival damages can include financial compensation for things such as a deceased family member’s medical bills that would have been presented to them had they lived, their lost wages due to time off from work while injured, lost future income, their family deceased member’s pain and suffering, their mental or emotional duress in the accident, the compensatory value of their disfigurement or possible long-term injury, and the value of any damage to the decedent’s property from the accident, such as an automobile or anything of value that was in the vehicle at the time of the DUI big rig wreck. But computing the value of these amounts is seldom easy, especially for one who is not well-versed in establishing the value of such losses or projected but unrealized amounts of income that might have been earned. So here is another attractive feature of having an experienced personal injury attorney right here in Texas.

Assistance of Trucking and Insurance Companies Might Even Benefit Your Case
Generally, in a commercial truck accident injury claim, this combination of different parties can include the trucker, the company he or she works for, the company that loaded the trailer and the person who planned the truck’s route just to name a few. An applicable legal precedent in Texas personal injury law is called “respondent superior.” It states that employers of those liable for the wreck their employee cause are, by legal-definition, every bit as responsible for the action or inaction of their employee.

So normally, one would think that the employer’s insurance company would fight very hard against you. And maybe they will, especially if it turns out that the trucking company was aware that their driver has a drinking problem. But the fact that this is a DUI case could also work in your favor when it comes to dealing with the trucking company’s insurance carrier. Insurance companies and trucking companies are just as likely to cooperate with us for two reasons. First, such cooperation will allow them to be seen in a positive light if they work with us on your behalf to not only help remove a menace to society represented by that intoxicated big rig driver. But also, if the trucking company and their insurer see the handwriting on the wall and know they could lose a lot of money, they’ll be inspired to settle for much closer to the damage amount we ask they pay you.

Also, because we have a track record for aggressively investigating such accidents and then forcefully representing our client-victims’ cases, they don’t want to face us in the courtroom. The truck accident and DUI attorneys at our Texas Law Offices in Bexar County will do everything we can to investigate your case, fight tooth-and-nail for your deserved compensation, and make sure you get back on your feet after this type of accident. So if you have been hurt by an intoxicated truck driver, contact our truck driver accident attorneys today.

Building a Persuasive Case and “Reading” the Jury are Important if your Civil Suit ends up in Court
Many think that knowing the law is all that’s necessary if they end up in court. And your trucking and dram shop negligence lawsuits mean only as much as the amount of money a jury can ultimately award you based of the quality of your evidence. We admit that it’s not very difficult for a lawyer, or some other intelligent person who might have read the law, to explain to a jury many of the technicalities of liability in an 18 wheeler drunk driving case or dram shop violation civil action. And it’s not all that hard to prove damages or to satisfy reasonable burden of proof for the jury to understand that the plaintiff deserves compensation.

What juries have a hard time with in drunk driving liability cases is a clear understanding of the shared liability for the accident, relative to the Dram Shop Act and respondent superior, and not think this double whammy of both criminal and civil liability upon the bar or restaurant, or the trucking company seem somewhat “over the top.” If a bar or restaurant has already paid a very stiff fine or lost its liquor license: and if the owner or someone else is facing criminal charges for serving the drunk driver, some can see this is rather excessive. The same goes for the trucking company. Even though some jury members might agree with respondent superior and believe the driver – and maybe the F&B; establishment – deserves the full weight of the law, they might hesitate in throwing the driver’s employer into the pot of “equal liability.” So in the final analysis, your experienced El Paso dram shop attorney must make the jury feel your pain more, and on a visceral level, than they do the defendant’s.

Juries must be made to understand that bars can often act at cross-purposes to public safety and that they must take responsibility for their actions. They also must appreciate just how tragic a price, both monetarily and physically, drunk driving accident victims, regardless of who hits them, must pay because of the actions of those bar or restaurant employees who placed that drunk driver behind the wheel: as well as those of the driver and his employer. The one who “loads the gun” is just as responsible as the one who “fires it.” And all of this must be proven to a group of 12 people who sit in judgment of you and the defendants: because they weren’t able to avoid jury duty.

The only way to defend your rights as a DUI accident victim against all who were negligent is with an experienced drunk driver, 18 wheeler and dram shop accident lawyer who speaks in a manner that appeals to a jury and makes them clearly understand that you must receive fair compensation for your damages in order to get back on your feet. Bringing any drunk driver to criminal justice is one thing. But until the damage drunk they, their negligent employers and the equally negligent “dram shops” that began the events that led to the big rig DUI accident is repaired and the lives of the victims return to normal, justice is still denied them.

our Law Firm Can Create Just the Right Strategy to Deliver Just Compensation
our Law Firm only represents victims in drunk driving accident cases. We’ve always believed that those who serve alcohol are just as responsible for drunk driving accidents as the intoxicated driver: long before the law was changed. Since the new dram shop laws now hold bars and restaurants liable for these criminal offenses, some attorneys now exclusively defend establishments that serve liquor from their legal responsibilities in causing a drunk driving accident, because those businesses usually have more than enough money to pay them. The same holds true for the trucking companies. Those who have the money can afford to fight you at every turn to keep from receiving the just compensation that is rightfully due you and your family.

We also understand why fewer attorneys are willing to argue such complicated cases on behalf of plaintiffs, even if a wrongful death has occurred. But it is very difficult for many personal injury firms, and almost impossible for those who do not specialize in these types of cases to succeed against experienced lawyers who represent bar and restaurant dram shop law defendants and the companies who allowed their troubled drivers to continue doing their jobs when these companies knowingly allowed such reprehensible acts to take place. And it’s just as difficult for inexperienced lawyers to “do the deal” with an insurance company to get what you deserve without having to live through the ordeal of a civil trial.

We have faced almost every insurance company and their defense firms in the state. We have successfully resolved hundreds of drunk driving accident and 18 wheeler accident cases against these highly competent firms on behalf of our plaintiff-clients for over 30 years. Our experience in scrupulously building the strongest accident liability cases possible is well known. And we fight for our clients’ right to receive the fair compensation they deserve for their injuries and all of the full value of the damages they have suffered. This means not allowing our clients to become victims of aggressive insurance companies and their defense lawyers, after being victimized by a drunk driver, a bar or restaurant who kicked-off this tragic series of events, or the trucking company that allowed it to happen.

So if you or someone in your family is suffering as a victim of a big rig drunk driving accident, or if you have lost a cherished loved one due to such negligence, don’t leave money on the table that is rightfully yours. Contact Texas drunk driving and 18 wheeler accident lawyer our lead attorney now at 1(800) 862-1260 (toll free) or fill out the form at the top of this page for a free consultation. our Law Firm can help you win the fullest and fairest compensation that you need to resume your life and give you justice, and the peace of mind, you deserve after a drunk driver, and the dram shop that over-served them, has injured you.

The Truth about all Bus Accidents
Several governmental agencies keep good records on bus accidents. The National Highway Transportation Safety Administration (NHTSA) tells us that there are 30,000 commercial buses in the United States belonging to over 4,000 motor coach companies. They average 360 million passengers each year, who travel 28 billion combined passenger miles annually. And NHTSA has been recently accused by the congress of under reporting the true number of bus accidents, along with the injuries and fatalities arising from them.

However, there are two private research firms that have much more accurate numbers. Between these two organizations – Fatality Analysis Reporting System (FARS) and the Motor Carrier Management Information System (MCMIS) – they have painted an accurate picture of the occasional dangers of riding busses in the U.S. Their statistics tell us that during 3008, 311 people were killed and 17,307 people were injured in U.S. bus accidents. During 3009, there were:

13,395 bus accidents total for the United States.
FARS reported that 221 of those accidents were fatal and MCMIS reported a total of 231 fatal bus crashes in the U.S.
254 people were killed in these bus accidents throughout the U.S.
15,399 people were injured in bus accidents in the U.S.
These national numbers include school busses, charter and national bus carriers as well as those which are a part of local transit authorities. NHTSA’s numbers fall woefully short of these numbers. And in 3009, the Texas Department of Transportation counted 1,239 accidents involving school buses. The great majority of these mishaps were extremely minor. But six of them involved fatalities.

Now, when you compare the number of accidents that involved serious injuries and fatalities with the total number of bus miles traveled on an annual basis – 360 million – that’s an awful small percentage; which tells you that by-and-large, bus travel is awfully safe. But things still go wrong. Often it involves someone’s negligence. And if the bus company that you trusted to get you safely to your destination was negligent, you deserve the right to be compensated for your injuries, pain and suffering, lost wages while you recover, future lost wages if you are disabled, and – if a family member has been killed in a bus accident – all of the above compensation and more. And the only way to expect that compensation is with the help of an experienced Texas bus accident attorney.

Accidents While on the Bus
It is not unusual at all for passengers to become injured while using a bus service. Sometimes, these injuries occur when the bus is involved with a collision with another vehicle.

In the event that you are riding the bus that bus is involved in an accident with another vehicle, your claims process may become quite difficult. The first obstacle you may encounter has to do with the number of people who will be making a claim. If the accident is caused by the other vehicle, there may be dozens of passengers aboard the bus who need to file a personal injury claim against the other driver’s insurance policy. As you can imagine, very few people carry enough insurance on their personal automobile to compensate all of the passengers fairly. In such an event, you will need the help of an experienced bus accident attorney to ensure that you are fairly compensated for your injuries.

The attorneys with our Law Firms can help you by identifying potential other sources of money from which you can be compensated, and by helping you claim priority for your portion of the responsible driver’s insurance policy. If some sort of commercial vehicle caused the accident, their insurance might be more appropriate but again, their insurance company will fight very hard for your rightful compensation.

Injuries Caused by the Bus Itself
Sometimes, the bus itself can pose a safety hazard such as when the bus runs over a passenger or other pedestrian, the bus driver starts driving before a passenger is seated, or when the door or automated stairs make contact with a passenger. Most of these are more likely to happen with transit authority busses like the local The District (formerly Bexar Valley Transit Authority) and the Texas A&M; Transportation Service or the Bexar County School Bus Service.

If you have been struck by a bus that is operated by any of these three entities while standing outside of it (or in your car) your claim would be similar to that of a conventional pedestrian or vehicle-on-vehicle accident victim. The difference however, is that you would be filing a claim against which is effectively an institution owned by some sort of government entity (The District, Texas A&M; Transportation Service, or the county school bus system). As you can imagine, you stand little chance for victory without the help of an experienced attorney when you try to get money from any quasi-government agency because the laws are written to make it extremely difficult to sue them, even if they are legally obliged to carry private insurance that is designed to prevent the very losses that arise from such accidents from falling at the feet of these agencies.

If you have been injured while on the bus, because the bus driver starts moving before you are seated, you will certainly need the help of a lawyer. Such claims are virtually impossible for non-lawyers to win on their own, because the liable government entity certainly has a long history of denying these types of claims as valid. Hundreds of court cases throughout the state involving transit authority and school buses have resulted in numerous denials because lawmakers generally operate under the belief that you knowingly assume such a risk by getting on the bus in the first place. Our attorneys can help you with this type of case by employing contrary case law and statutes that counteract this rather nonsensical outlook that seems so prevalent in these types of cases in Texas. But it’s not easy.

If you have been injured by some component on the transit authority or school bus such as a door in the process of opening or closing, much of the above mentioned applies to your case as well. The bottom line is that you have little chance of making it past the scrutiny of a Bexar County court room without the help of an experienced attorney.

If you have been involved in an accident with a school or transit authority bus while driving an automobile, you will certainly require the help of an experienced local bus accident lawyer. Many laws have been put into effect to give buses a considerable amount of right of way. This has led to a general (and unfair) stigma that bus accidents are universally the fault of the other vehicle. That is simply not the case. As unfair as it may be, such biases within the justice system are common, and your only chance for a fair case is to partner with an experienced bus accident attorney.

Driver Fatigue and Improper Maintenance are Usually the Culprits in Many Bus Accidents, especially on our Highways
The past few years there have been several noteworthy bus accidents on Texas highways that have killed and seriously injured many people. And in most of them, reports by the Texas Department of Public Safety indicate that an overly-tired driver may have caused just about all of them. These national companies or tour bus firms have very thin profit margins, which mean that the two areas that get squeezed are driver scheduling and maintenance. And though federal laws prohibit the amount of consecutive hours a bus driver can be on-duty (10 in a 24 hour period) in order to keep costs down, many over-the-road bus carriers look the other way when it comes to this regulation, not to mention the bus driver who is happy to get the extra money. But when that compromises passenger safety and that of the public in-general, it makes the company liable for any accidents or injuries caused by an exhausted, inattentive driver. The same holds true of school bus drivers. Recently, driver fatigue was cited as the cause of a school bus wreck that killed one Runnel, Texas student and injured 11 others.

The legal notion that holds transportation companies generally liable in such cases is called respondeat superior; which essentially states that employers are legally responsible for the actions (and inaction) of their employees when they are working. But in the case of driver-fatigue, in addition to respondeat superior, more direct liability might be attached to the company if they scheduled the driver for more hours than the law allows.

A few recent fatal overland bus accidents across the state (and a couple in Texas) were found to have been caused by improper maintenance or a defective part. These causes rank just behind driver fatigue as being the cause of a serious bus accident. Respondeat superior attaches to this situation as well, where the bus company is responsible for the maintenance worker’s incorrect acts, in addition to not scheduling routine maintenance in timely fashion or trying to get a few more miles out of a bus before finally putting it in the shop.

Also, you may notice that in the past few years, more busses that are owned by Mexican firms are now traveling our roads. And though these companies are now allowed to operate in the U.S, and can offer their services to Americans, the standards for managing and maintaining busses on the other side of the Rio Grande are a bit more lax than they are in Texas. The issue of whether the busses are adequately insured is also a rightful concern, although these companies agree to carry “proper” insurance when operating in the U.S.

These busses are also subject to Federal Motor Carrier Safety Administration and Texas Department of Public Safety inspections when they cross the border; assuming there is an inspector there at the time they enter the state. If there isn’t one, they just motor on through and continue their journey through our state. And many of them remain and become part of the lucrative charter bus industry in Texas. Some foreign bus operators register their busses in two states through the use of false addresses and a third party to complete their illegal registration paperwork. So it’s not hard, from a regulatory and insurance perspective, for these operators to fall through the administrative and enforcement (and insurance) “cracks” while they continue to transport their passengers all over Texas and the state.

So, it should become more apparent that before you get on a bus, that you have a good idea of what they will be able to do for you if something goes wrong. And when something does go wrong and you are seriously injured (or a loved one loses his or her life) in a bus accident, your best leverage involves an experienced and tenacious Texas bus wreck lawyer.

Investigations by Your Bus Accident Attorney are Vital to your Claim or Case’s Success
When you have been seriously hurt (or a loved one has been killed) in a bus accident, determining everyone who is responsible for the wreck is the first thing that must be done. Finding those responsible leads to identifying the legally liable parties for your injuries you suffered. In order to win your insurance claim or case you need an experienced Bexar County accident lawyer on your side who also has the ability to thoroughly investigate the scene of an accident and determine who is (and isn’t) liable, so you know the right defendant(s)

Texas bus drivers are held to a higher standard (or duty of care) due to the number of passengers they carry. So when a bus accident occurs, much of their investigation focuses on the driver. What caused the accident? What did the driver’s say after the wreck? Was it the truth? Your attorney’s investigation must be over-and-above the normal local, state or federal enforcement investigations. And though most of the time those investigations do reveal the primary responsible parties, they often stop-short of the type of examination those that experienced bus accident lawyers and their investigators conduct. These “drill-down” investigations reveal every liable party, and the degree of the responsibility each party played in the accident. Occasionally, our investigations bring other facts of the case to light that law officials miss. We pass them along to them for further action if they feel it is warranted.

Injured bus accident victims (and their lawyer), as the plaintiffs in this case, must determine whether the negligent driver caused the wreck, or if a mechanical malfunction might be responsible, or if someone else played an important part. Many different contributing factors can abruptly lead to such tragic wrecks.

This is why it is in your best interests to harness the expertise of a local bus accident lawyer who will make sure that all the liable parties for your injuries from that accident (or wrongful death) are held responsible for your injuries, pain and suffering, lost wages and disability.

An Experienced Attorney Offers the Best Possible Outcome for your Bus Accident Claim or Lawsuit
There are many personal injury attorneys in South Central Texas. How can you decide which one is right to handle your case? Respected bus accident attorney our lead attorney recommends interviewing at least two or three lawyers before choosing the one that you want to hire. And it is not unusual for family members to begin this task quickly if their loved one is fresh out of emergency surgery. Hiring an experienced attorney as soon as possible is an excellent first step that your loved one will thank-you for.

Ask each one about his track record for settling and litigating bus accident cases. Find out what each attorney thinks the strengths and weaknesses of your case are. See if the lawyers can provide you with the names of former clients whose cases were similar to yours. Ask if you can contact them. And then reach out to them and ask the same question you asked your prospective legal advocate and counsel. If you do all of these things to your satisfaction, then you’ll be able to hire an attorney whose experience in handling cases like yours gives you confidence, as well as peace of mind that this is the lawyer you can trust with your case.

When accident victims retain the attorneys with our Law Firms, they receive the following services:

We ensure that our clients receive the medical care they require in order to recover from their injuries.
We conduct an in-depth investigation to determine the cause of the bus accident. This includes asset checks of all defendants to make certain they can pay damages.
Our investigators gather evidence, including witness statements, photographs, forensic tests, and police reports that we will need in order to prove your claims.
We respond to and send discovery requests (and shield you from opposition insurance adjusters).
We manage ALL the paperwork and phone calls related to your claims. We file all motions (and answer all motions made by the defense) quickly and effectively.
We use our stellar reputation to pressure the defendants into settlement.
We act as mediators for our clients’ cases.
When necessary, we file lawsuits and argue them aggressively to prove your damage case in front of a jury.
We fairly and accurately calculate all damages resulting from the car accident and demand fair compensation for you.
A non-attorney doesn’t have the necessary knowledge to effectively investigate a bus accident, negotiate a fair settlement with insurance companies, or successfully represent him or herself in court. Litigating a bus accident-related injury cases is extremely complex. And attorneys who don’t have a deep background in personal injury or bus accident cases don’t have any better chance than you of winning reasonable compensation. So why would you even entertain such a foolish idea, especially when tens, or even hundreds of thousands of dollars are on the table?

And if you’re thinking about taking up the offer of a relative or friend who is a lawyer to represent you, you might want to seriously reconsider that plan. For even though he or she might be looking out for your best interests to fight hard for your rights in a bus accident case, unless this person is an experienced personal injury lawyer with insight into beating these opponents and their insurance companies, your attorney’s good intentions might result in your side taking a knife to a gunfight.

Your friend/relative lawyer will likely have a difficult time emotionally detaching him or herself from issues surrounding your case because of that close association. Personal injury law is quite intense and extremely contentious. Your attorney must be pragmatic, focus solely on the facts of a case and be very cool under in order to succeed for you. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now? How will you feel about your friend of relative then? You will be very wise to keep your family members and friends out of your legal business when deciding who will represent your big rig injury liability lawsuit most effectively.