Construction Industry Workers’ Compensation Law Explained

Constant exposure to potential physical danger is unfortunately common in the construction industry as workers are called upon to work with heavy or dangerous equipment, handle potentially dangerous chemicals, or do physical labor high above the ground.

The dangers are everywhere, and while your employer may offer workers’ compensation benefits, this doesn’t always mean that your rights and interests are as protected as they should be.

There are many prevailing misconceptions about the process and complexity of how workers’ compensation actually works, and how it commonly plays out with construction-related accidents. We’d all like to believe that employers and workers’ comp insurers will always do the right thing, but it is important to remember that the employers and insurers are there to protect each other’s interests—not yours. To be sure that you receive fair and appropriate treatment, contact one of the attorneys at our Law Office for a free consultation and we can advise you of your rights and responsibilities, as well as help you determine if there are legal remedies that can help you get the compensation you need.

Why Would Your Employer Try to Deceive You or Omit Important Details in the Course of Helping You With Your Workers’ Compensation Claim?
In some circumstances, pure ignorance can cause an employer to fail to provide an injured worker with the proper resources to receive care under Workers’ Comp. The claim process is paperwork intensive and riddled with fine print and many construction managers simply do not have the time or the detailed orientation to devote to fully understanding the process.

In other cases, your company may intentionally be vague about Workers’ Compensation because they have no workers’ comp policy, and while it isn’t illegal for a construction company not to have Workers’ Comp Insurance, having it shields them from personal injury lawsuits so they may mislead you to believe that they are covered when in fact, they are not.

Finding the answer to this question is critical to determining how much compensation you may be able to receive, and if your employer does not carry the insurance, then there are more legal remedies you can pursue than if your employer subscribes to workers’ comp insurance because the laws say that carrying the workers’ comp coverage allows employers a certain immunity to workplace injury lawsuits.

Thus, many employers may try to take care of the expenses and lost wages as would be covered by workers’ comp to give the illusion of having workers comp insurance in hopes they can avoid getting sued. If you have questions about the validity of your employer’s workers’ compensation benefits, call us today.

Our firm has assisted countless construction workers who thought that they had a subscriber case when in fact they were dealing with a non-subscriber. As mentioned before, construction work is dangerous. Because of the risks, workers’ compensation is very expensive for construction companies. Therefore, they often choose not to subscribe. But when a worker is hurt, they may pretend to have workers’ compensation insurance in order to avoid a lawsuit. An experienced workers’ comp claim lawyer, however, can help you dig through any construction company tricks and determine precisely what options are available to you.

With over 20 years of experience in personal injury construction worker cases, the attorneys at our Law Office are poised and ready to investigate and ensure that you are not bamboozled by devious employers and you receive the full benefits you deserve.

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Are You a Contractor or an Employee?

Because Texas law says only general employees are eligible to file construction work injury suits or workers’ comp claim, many employers in the construction industry believe that by having workers sign waivers that state they are contractors renders them immune to personal/workplace injury lawsuit.

However, the State of Texas has case laws that have been established that protect workers from falling into this trap by instituting standard criteria by which the existence of an employer-employee relationship is established regardless of whether you are listed by the company as a contractor or otherwise. These standard criteria evolved out of a volume of related cases in which similar determinations were made by the courts.

Based on Texas case law, an employer-employee relationship may be proven if:

The contract states the worker is an employee
The worker is working exclusively for that company
The employer provides the tools or materials the worker uses to complete the work
The employer manages the worker at various points throughout the project
The amount of time the employer is expected to continue working for the employee is not specified
If the worker is paid by the hour rather than by the project
The borrowing employer can hire or fire the employee
The borrowing employer requested to use a specific employee
The borrowing employer provides the tools and materials necessary for the worker to complete his or her job
The lending employer cannot interchange the borrowed employee with any other worker
The borrowed worker is used to fill a position that almost anyone could fill
The borrowing employer pays the worker’s taxes and social security
These very technical details along with your employer’s status as a subscriber are critical in determining what benefits you are eligible to receive and whether you have been receiving them fairly.

To ensure that you are not cheated out of the economic relief and potential damages you deserve, make sure that you absolutely DO NOT accept any offer of payment from the construction company. DO NOT sign any documents without having them reviewed by an attorney. DO NOT make or write out any statements detailing the incident.

Our Law Office has been handling construction accident injury cases in and around Texas for more than 20 years, and we are here to help you understand your rights and responsibilities so that you can get the best legal remedy you deserve.

If you think that you may be ineligible to recover benefits because you were a contractor, our construction law experts can review the criteria of your employment with the construction company and determine if you are actually still eligible for legal treatment as a general employee by meeting the credentials established in Texas state law.

Why should I choose your Law Office to help me with my case?
We have been helping injured parties with both subscriber and non-subscriber cases all over the state of Texas for more than 20 years.
Our experienced lawyers can efficiently determine which kind of case you have and what potentially liable parties you should pursue to get the best possible outcome.

We have won cases against almost every major insurance provider in the United States and have a proven track record that encourages many defendants to make generous out of court settlements, which saves you time and money. Our dedicated attorneys care about you and will do everything possible to get you through the process as quickly and painlessly as possible. We will fight to ensure you get the compensation you need to get back on your feet and help ensure that the punitive remedies in your case encourage the construction company to be less negligent and understand that safeguarding their employees is of the utmost importance if they wish to remain in business.
Call us today for a free consultation.

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There are 125,000 cranes being used in America right now. We use them for transporting heavy objects and supplies to that we can have our skyscrapers, stadiums, and churches. Any complication that may arise will make operating the crane dangerous for its driver, the co-workers at the site, and any bystanders below the crane.

People can be easily killed if the crane loses its payload or if the line snaps. Buildings can be crushed if a crane falls or hits other structures. An operator can be electrocuted if a crane strikes a power line. That accident can be easily avoidable if the employer purchased a non-conductive hook and had it installed onto the crane. But, here are some other types of crane injuries and deaths that are unavoidable: Electrical shock, dismemberment, burns, spinal cord injury, and traumatic brain trauma.

Who was responsible if you have become a crane accident victim? There are numerous parties that are responsible. If your employer failed to provide a safe working environment to you, under a workers’ compensation claim, they will be held accountable. But what if another party’s negligence caused the accident? A property owner may have had equipment that would have blocked the path of the crane, causing the accident. If negligence was the cause of the accident, you can file a lawsuit. The crane accident attorneys of our Law Office have been litigating lawsuit claims for twenty years. We can help you with your case.

The Occupational Safety and Health Administration (OSHA) have the following guidelines on the use of cranes on construction sites:

Regarding the operation of the crane, employers have to obey all manufacturer limitations and instructions.
Instructions about the crane’s load capacity and safety warnings must be visible to the crane operator.
The crane has been inspected by a safety inspector prior to operation. If there is anything broken or defective, it must be replaced immediately.
The employer’s responsibility is ensuring the crane is placed away from overhead power lines. If a crane must be operated near a power line, then the employer must ensure the power line is shut down.
If an employer fails to comply with OSHA rules and guidelines on the use of cranes resulting in your injury, you have the right to file a lawsuit. However, depending on whether or not your employer has purchased worker’s compensation will depend on the amount of compensation that you could demand. A Texas employer who buys workers’ comp is called a subscriber. A Texas employer who doesn’t buy workers’ comp is called a non-subscriber.

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The state of Texas doesn’t require all employers to have worker’s compensation. But having workers’ comp is very expensive, so a lot of employers chose to turn it down. If an employee does get injured, an employer is willing to lie about having workers’ compensation in order to avoid a lawsuit. You can’t believe what an employer tells you. You need an experienced crane accident attorney in order to find out what the truth really is.

The real reason employers buy workmen’s compensation is because they are looking for protection from lawsuits. If you’ve been injured on the job or a loved one’s been killed on the job, you can’t sue your employer. The only way to sue a subscriber employer would be if the employee committed gross negligence. But it does not mean that this will end there. The insurance provider will be more than happy to provide for the injured and or family members of the deceased. They’ll pay for the medical bills and lost wages without a hassle. They’ll do all of that because they’re here to help their business. It only looks as though they’re helping you.

Every year, they’ve denied claims to countless employees. Insurance companies of non-subscriber employees will do anything to avoid providing compensation to injured employees. Workers’ compensation is needed in order to decrease lawsuits for injuries or accidental deaths in the workplace, but sometimes a lawsuit is the only way to get justice. It’s important that you have an experienced crane accident attorney on your side to take on the insurance companies.

The insurance companies will have a team of attorneys on their side. They’ll either try to convince you or force you into taking a poor settlement offer that couldn’t be enough to get you back on your feet. The attorneys at our Law Office will not only access your damages, we’ll determine if the insurance company is not being honest.

There are ways in which a victim can seek compensation from their subscriber employer or any third party:

If the gross negligence of the employer-led to the death of your loved one, then you can file a wrongful death lawsuit.
Someone else’s negligence, besides the employer, may have led to your injury suffered in a crane accident. The property owner didn’t provide safe working conditions. Manufacturers may be liable for malfunctioning machinery. The operator may not have operated the crane properly. Another contractor or employee could have negligently caused the injury. In this case, you can sue the responsible party.
It takes experience to identify all parties responsible and make them accountable for the injuries they have inflicted. If a worker suffers an injury due to the negligence of a subscriber employer and a negligent third party, the injured worker may seek compensation for both a workers’ compensation claim and a personal injury lawsuit.

Employers avoid buying workers’ compensation insurance because, in the construction business, insurance costs can be expensive. These employers are called non-subscribers. And when taking on a non-subscriber, you will need an attorney that will ensure that you get adequate compensation.

The Texas Government implemented workers’ compensation laws so that subscribers could be protected from lawsuits. Since you’re pursuing a lawsuit against a non-subscriber, you can look forward to greater compensation for your injuries or damages. You only need to prove standard negligence.

In a non-subscriber case, the law can be very complex. You would need an experienced crane accident attorney that can help you through this process.

The plaintiff will file a claim against the defendant that will inform them of the injury and the amount of compensation needed for damages. The easy way would be for the defendant to pay or negotiate with the plaintiff about the settlement. However, the defendant will contest the settlement and the parties will go to court. The plaintiff will have the burden of proving that the defendant was responsible for the injury leading up to medical costs, lost wages, and pain and suffering. Luckily, the plaintiff has to establish standard proof of negligence.

At this point, the non-subscriber employers will use some clever maneuvering to avoid paying you anything in court. Here are some examples:

A defense that the employer will use to their advantage is called sole proximate cause. They will claim that the plaintiff is 100 percent responsible for their own injuries. The defense lawyers are willing to destroy your name and credibility so that you will look like the negligent employee that was responsible for the accident.

The employer avoided paying for workers’ compensation, but they are willing to pay for the best attorneys that money can buy. Dragging an injured victim through the mud is a small price to pay for the employer who doesn’t want to take responsibility. You need an attorney with the expertise and the skills to defend your rights.

Do you know why many construction companies hire their employees as contractors? There is no obligation of safety for contractors. Your employer will deny that an employer-employee relationship exists between you two. How can they pay for your injuries, if there’s no evidence that states that you have been employed by them?

In some cases, the employer knows that an employer-employee relationship exists with the victim and they were able to secure compensation. The law sees you as an employee and you are entitled to compensation for injuries suffered on the job.

You need a crane accident attorney who can establish the employer-employee relationship between parties, if they meet the following standards:

Social security and taxes were withheld by the employer
The employer-provided equipment on the job
The employer-provided a set schedule
You were managed, trained, and inspected by the employer daily
Documents that prove that you had to perform tasks in order to work for the employer: such as taking a drug test
You were hired for an undetermined period of time
You were was being paid on an hourly or salary wage
Our crane accident attorneys have the experience handling on the job injuries. We can help you identify all of the parties responsible for your accident and make them pay for all of the damages.

For twenty years, the lawyers of our Law Office have helped injured construction workers recover millions in damages. We can handle any crane accident case, including those with many defendants. We know the OSHA regulations and can provide expert witnesses who can testify about the issues of workplace safety and operating heavy machinery. Call us today for a free consultation.

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Swimming Pool Accident Lawyer on Your Legal Options After a Hotel, Motel or Apartment Pool Drowning Accident

Every year, hundreds of residents enjoy the outdoors by swimming at their local apartment pool, hotel pools, or community swimming pools. The beautiful breeze of the waters in swimming pools makes one happy and the ability to relax. Despite the benefits and pleasures swimming pools provide to its users, there are also risks involved.

In fact, swimming pool accidents are one of the most common types of accidents residents in an apartment complex, hotel complex, or community neighborhood area may come across. If you or a loved one has suffered an injury due to an apartment pool accident, then know that help is available. You can possibly seek financial compensation for your injuries or loss through a personal injury lawsuit against a property owner or the entity that is responsible for maintaining the pool grounds.

In addition, if you have lost a loved one to death because of an apartment pool drowning, then help is also available. You can seek justice against the negligent party responsible for the apartment pool drowning through a wrongful death lawsuit. More than one party may have contributed to your loved one’s apartment pool drowning and therefore you can seek legal action against them by holding them liable through a wrongful death lawsuit. Even if an apartment pool drowning does not cause death, it can still result in serious injury to the victim. The injuries one may suffer because of the apartment pool drowning could drastically alter a person’s quality of life in a negative way. Whatever situation you are in, it is very critical that you get the help of an experienced apartment pool accident attorney. When you work with an apartment pool accident attorney, you will have the tools necessary in order to have a successful case. There are two reasons why you should seek a civil lawsuit against negligent apartment pool complexes: it is important to hold a negligent apartment complex accountable for their actions or inaction which led to the drowning. Another reason why you should seek a civil lawsuit is so that you can see justice served to the aggrieved party in the form of financial compensation. The injuries or death that can occur as a result of the drowning can be severe and cause a lot of financial hardship to the aggrieved party. By seeking financial compensation in the form of a civil lawsuit, your situation will be less burdened.

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Causes of Apartment Pool Drownings

As we all know, pool accidents happen for a variety of reasons. However, when it comes to apartment pool drownings, there may be several factors that contributed to the drowning. Apartment pool drownings can happen because of the lack of maintenance on the pool, no safety devices available at the pool, and equipment used by the pool may be defective as well. Safety measures around the pool must also be maintained. For example, pool gates and pool fences must be maintained and available at the apartment pool site so that a wandering child will not be able to access a harmful area of the pool. Furthermore, drain covers need to be installed properly and must be compliant as rules set forth and enforced through the Virginia Graeme Baker & Pool Spa Safety Act. This law was enacted to protect children because drain covers on swimming pools prevent children from getting caught into a vacuum caused by non-compliant drain covers.

Furthermore, warning signs have to be properly displayed and posted so that swimmers are aware of dangerous water levels or be able to see precautions swimmers should take in order to be safe. Warning signs are also needed to let people know if a lifeguard is available or not at the pool. Also, all children must be supervised if they are using a public pool such as an apartment pool. If a child is not properly supervised when using an apartment pool, then their guardian, parent, or whoever their caretaker is can be held liable if that child experiences an apartment pool drowning. Also, if the apartment pool area lacks adequate safety equipment and a child gets hurt as a result of that, then the apartment pool property owner can be held liable for the child’s accident. For example, if a pool did have a broken fence or another defective safety device, and the child is able to wander around the pool into the dangerous areas and drown as a result, then the apartment manager or owner, the pool maintenance company, and the manufacturer or installer of the apartment pool safety device can all be held liable for their negligence in failing to provide standard safety measures to the public.

In summary, there are many causes of an apartment pool drowning and more than one party can be held liable. Being able to identify all the liable parties involved in your loved one’s apartment pool drowning is critical in order to pursue a personal injury or wrongful death case. Every liable party is responsible for owing their share of money to the percentage of compensation owed to the injured party. If any liable party is not properly identified or classified, an injured victim may not receive the full compensation they deserve for their injuries. This is another critical reason why you should contact an apartment pool accident attorney as soon as possible. If you delay in contacting an attorney, evidence in your case can be destroyed, disappeared, or tampered with. When you contact our Law Office, we will get to the accident scene quickly in order to conduct an in-depth investigation into the apartment pool drowning accident case. Getting to the accident scene on time is critical for one to have the ability to identify all liable parties who contributed to the apartment pool drowning. Furthermore, the sooner our attorneys are able to conduct an investigation, the less likely chance a negligent party has a chance to tamper with evidence by concealing important things such as fixing a broken gate or a faulty drain cover in order to cover up for their mistakes and involvement in the apartment pool drowning accident.

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Drowning Accidents at Hotel Pools in Texas

Hotel pool accidents are similar to that of apartment pool accidents when it comes to legal matters. Just like an apartment pool complex, a hotel pool complex must be properly maintained by staff and must be in proper working condition so that injury or harm is less likely to occur for a hotel resident or visitor. Furthermore, the maintenance staff must maintain pool safety standards by restricting dangerous areas for kids and putting things around the pool so that children do not have access to the dangerous areas of the hotel pool. In addition, warning signs must be posted as well in the pool area. In hotel pools, pool gates and fences must be maintained and pool covers should also be used. Hotel pools must also have anti-entrapment drain covers so that children cannot be sucked into the pool’s drainage area. The Virginia Graeme Baker Pool & Safety Act enforces these rules and is the law. This law states that anti-entrapment drain covers must be used in all public pools in order to protect children. If a hotel pool drowning or accident does happen, then the hotel owner can be held liable because of a premises liability case if it was discovered that the property owner was negligent in their duties to provide standard safety to its visitors of their property.

Another cause of hotel drownings in Texas is due to intoxicated individuals who are a threat to the public by causing injury to themselves or others. If an intoxicated person became drunk because a server or bartender at the hotel over-served their patron alcohol and caused them to become drunk and that patron caused a hotel pool accident, then the injured victim or bereaved family member will have the ability to pursue a dram shop case against the negligent alcohol-serving hotel establishment. In Texas, dram shop law was put into place so that any alcohol-serving establishments can be held partially liable for causing their patron to cause an accident because of being drunk and exceeding a blood alcohol level of .08%. If the patron causes an injury or accident because of their drunk state caused by their server who over-served them, then the alcohol-serving establishment can become an additional defendant in a personal injury or wrongful death suit, and also a civil suit in a hotel drowning accident case.

Call Apartment Pool Accident Lawyers
Our Law Office brings you 20 years of experience in litigating both personal injury law and wrongful death law in Texas. Our lawyers will help you seek the justice you deserve against a negligent party for their role in causing you injury, harm, and loss. The compensation you are able to get from your personal injury or wrongful death lawsuit can help you pay for things like medical bills, lost wages due to time off from work, funeral costs, and costs associated with your pain and suffering. The truth is anyone who has suffered a pool drowning will more than likely experience severe injury and the medical costs associated with that injury can be quite high as well. By seeking a personal injury lawsuit, you will have the ability to pay for the high medical costs associated with your injury or loss. While we know that no amount of money will ever bring back your loved one, we also believe that seeking a personal injury or wrongful death lawsuit is important for you because you can seek justice for those that caused or contributed to your harm. It also sends a clear message to everyone that negligent behavior or actions or inaction which lead to injury or death will not be tolerated. Contact the apartment pool drowning lawyers at our Law Office today to get the help you need.

Call us now for a free consultation. Our staff is standing by 24 hours a day 7 days a week in order to answer any questions you may have and provide you with several legal options that best meet your needs. Our attorneys will listen to your story and the details of your apartment pool drowning accident in order to start working on your case. At our Law Office, our goal is to help you in this difficult and stressful time of your life. We want to help you overcome the pain and tragedy you are going through by helping you seek the maximum amount of compensation for your injury or loss. We also want to help you seek justice by holding those liable parties responsible for your injuries or loss by holding them accountable for their negligent behavior. Call us now! Don’t wait!

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DRUNK

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Texas Attorney Explains Drunk Driving Accidents & Texas Dram Shop Law

If you are not an attorney, liquor liability laws can be complex terrain to navigate. The validity of these cases is often criticized and misunderstood. However, legal statutes and case law support the fact that these laws stem from common sense ideas that we can explain here.

If you or a loved one has been injured, or someone close to you has been killed in a drunken-driving accident in Texas, call the drunk driver accident attorneys of our Law Office.

With more than twenty years of experience successfully litigating cases predicated upon a Texas Dram Shop Cause of Action, the attorneys at our Law Offices are well-credentialed and can readily assist you in getting the justice you deserve.

This article, while here to inform you of your rights and responsibilities, is no substitute for the assistance one of our attorneys can provide. Below you will find useful information to help you understand Texas Dram Shop Laws that assign liability to parties that may be legally, entirely or in part, responsible for the death or injury of your loved one, what the challenges are in pursuing this kind of civil case, and some of the types of cases and claims we can initiate to afford you some relief for your anguish, pain, suffering, and related expenses.

The Basics
The legal implications and damages involved in a drunk driving accident are far more severe and intricate than the typical auto collision. The most noteworthy distinctions are:

Injuries sustained in accidents involving a drunk driver are typically more severe and have a higher fatality rate, which typically means there are more financial damages and, therefore, the legal battles become decidedly more aggressive, making hiring a competent legal representation of the utmost importance.
Often there are multiple parties who have violated laws that are in place to protect victims of this type of collision, which means you are best served by a multi-faceted strategy that assesses the value that can be recovered or gained by holding each party responsible.

Defendants in Intoxicated Accident Cases
Most people think that the most obvious person to pursue legal remedy from in an alcohol-related collision case is the driver, but often, individual drunk drivers who may bear the bulk of the responsibility for the incident are often not the most viable candidates if your immediate need is financial relief for medical or funeral related costs.

Under the Texas Civil Practices and Remedies Code, statutes state that in addition to suing the drunk driver for his or her negligence, victims also have the right, under what is referred to as “Dram Shop Law,” to pursue damages for the negligence of bars, restaurants or other persons or business entities that enabled the drunk driver to become intoxicated enough to cause the accident.

This liability was established under the theory that car accidents are not merely caused by the immediate action or reflex in the moment of the accident, but can be caused by a chain of events that led up to the accident. Under this logic, any entity that contributed to the chain of events that caused the accident can be held vicariously liable.

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Why the Bar?
Most of us probably consider the personal responsibility of the driver to be most important on an emotional level. It is important from an ethical perspective to ensure that bars and restaurants are not knowingly serving alcohol to drivers who get involved in collisions when it is clear that someone who is leaving their establishment and may be operating a vehicle when their behavior or reflexes appear to be erratic or they have consumed an amount of alcohol that puts their blood-alcohol-content (BAC) well above the legal limit. If these establishments were diligent in ensuring their patrons did not become overly intoxicated, drunk driving accidents could much more easily be avoided.

In addition to having greater means to provide financial remedies than the individual driver, the public message should be sent that the establishments and their employees should not be endangering the public by setting potentially dangerous drunk drivers out on the street simply because the bartender wants to keep collecting the patron’s generous tips or the bar wants to make more money.

In a lawsuit in which the driver and the bar are co-defendants, the court will assign damages for each party’s negligence, and the financial remedy coming from each source will be proportional to the court’s assessment of each defendant’s percentage of liability. Thus, while you may get more financial remedy by filing a case against both the driver and the bar, it is important to realize that this does not necessarily mean that you will get more money by digging into the pockets of the business over the means of the individual driver. It simply allows distribution of the responsibility which means, ultimately, you have a greater chance of actually getting the financial recovery that goes beyond what the individual driver would be able to pay.

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Specific Rights and Responsibilities
Under Texas law, it is not only illegal to be behind the wheel of a car with a BAC of more than .08, but it is also illegal to be out in public with this level of intoxication, and it is also illegal for bars or establishments that serve alcohol to serve individuals an amount of alcohol that put them over this limit.

Science has proven that the consumption of alcohol impairs reflexes, judgment, and inhibitions, and thus, while a sober person may know his or her limit, once he or she has had a few drinks, that person may no longer be able to make a sound judgment of when he or she is too drunk to drive, and thus the serving party bears the responsibility of safeguarding the public and taking the appropriate action to prevent this from happening.

Many establishments have implemented programs to reward patrons who have a designated driver or have made partnerships with taxi companies to ensure that their clientele is not driving under the influence. That being said, there is nothing more motivating to the establishments who have not implemented such safeguards, than the potential negative publicity and financial cost of a lawsuit. In most cases, these establishments will likely be willing to settle and award financial remedy for medical, auto and funeral-related expenses caused by a drunk driving incident for which they bear a portion of the legal responsibility, and with hope, they will then be more diligent in helping prevent public intoxication and alcohol-related accidents.

Proximate Cause
Because bartenders are reasonably expected to know that it is illegal to over-serve their patrons, if they choose to disregard this responsibility, they become the proximate cause of related injuries.

Legal Expectations
Bars are required to have all of their servers licensed by the Texas Alcoholic Beverage Commission, which entails each server’s participation in training that requires learning and understanding their rules and responsibilities and the consequences associated with failing to follow them. A bartender cannot simply be unaware of how they should transact their business.
Bars are expected to have written policies and procedures for handling the distribution and tracking of alcohol served.
Bars are required to have written policies and procedures for how to deal with overly intoxicated patrons.
Servers are expected to be on the lookout for signs of intoxication.

The Safe Harbor Defense
Provided a bar or alcohol-serving establishment has met the legal obligations outlined above, they cannot legally be held responsible for any degree of negligence in a drunk driving accident. However, many establishments may try to employ this defense whether or not it truthfully applies.

The unfortunate reality in preparing a case against an establishment using the Safe Harbor Defense is that the burden is on the victim or plaintiff to establish proof that there was a blatant disregard for the above guidelines. Dram Shop cases are not subjective, and therefore they can only be won if they clearly deserve to be prosecuted.

Next Steps
Deciding to get involved in a lawsuit can be an emotional experience, and you may have concerns about the cost, the time constraints, and in some cases, the consideration of the relationship you have with the person who caused the accident.

However, it would be unwise to allow time to slip by without looking out for the remedies you are entitled to and lose the evidence and opportunity to protect your interests in the matter because if you wait too long, your options may run out and the related expenses you incur could get beyond your control.

If you or a loved one was involved, injured or killed in a DUI accident, call our Law Office for a free consultation, and we can discuss your concerns and help you find the right course of action to get the justice you deserve.

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DRIVING

Our Fatal Drunk Driving Accident Attorney Explains What You Should Know in the Event of the Death of a Loved One in a Fatal Drunk Driving Accident.

A fatal drunk driving accident has the potential to leave a tremendous amount of distress in its wake, ranging from incredible emotional/mental trauma and stresses and damage to the family fabric and to financial destitution.

Texas citizens affected by fatal drunk driving accidents may be eligible for compensation for their pain, suffering, and financial losses via a wrongful death or drunk driving accident lawsuit. If you have lost a loved one in a fatal drunk driving accident, please get in touch with the knowledgeable attorneys of our Law Offices to determine your legal rights and begin your appropriate course of legal action. Our firm has specialized in Personal Injury and Wrongful Death Law practice for over two decades and developed a nationally- renowned reputation for positive results. We have won cases against every major insurance company in the nation and helped 1000’s of our clients obtain just and fair compensation for their losses.

Wrongful Death and Fatal Drunk Driving Accident lawsuits often prove to be extremely difficult processes for the inexperienced lawyer or non-attorney to navigate successfully. A proper and thorough investigation of the details of the accident can be the difference between having a claim dismissed and receiving a fair settlement, or verdict, which effectively resolves your claim. Suppose you have lost a loved one due to the negligence of a drunk driver. In that case, you need a capable and experienced legal counselor to represent your interests and ensure that insult is not added to injury. Contact the attorneys of our Law Office today, for a free consultation.

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DRUNK DRIVING

Texas Dram Shop Law and What It Means to Your Wrongful Death, or Fatal Drunk Driving Accident Lawsuit

By definition, a “Dram Shop”, when utilized in context signifies a place where alcohol can either be obtained, or is provided. The term is taken from its traditional use “dram”—the unit of measure roughly equal to 1/8th of an ounce utilized to describe the small amount of alcohol traditionally sold by shops serving alcohol in the early to late 20th century, as well as an apothecary unit of measure. In 1987, the Texas State Legislature passed the Texas Dram Shop Law Act, which effectively opened those responsible for serving alcohol to individuals to the point of, or exceeding the point of intoxication, to liability for damages arising from any accidents caused by that intoxicated individual.

The prevalence of alcohol and fatal drunk driving accidents in the State of Texas required action to be taken to better protect citizens, and facilitate justice in the event of a drunk driving accident, whether fatal or not. Before the passing of the Texas Dram Shop Law, Texas families suffering from the loss of a loved one in a fatal drunk driving accident had little other recourse for obtaining fair and just compensation for the full amount of losses incurred, other than suing the drunk driver. It was often the case that this narrow restriction did not result in an outcome where bereaved families obtained the full compensation needed to resume their lives and properly grieve for their lost loved one.

The Dram Shop Law operates under the duty of care, which all entities and individuals agree to, when obtaining a liquor license in the state, or when serving alcohol. For example, a bar serving alcohol to an individual must have safety protocols in place that allow them to regulate the amount of alcohol consumed by a patron and must be responsible for the safety of that patron in the event that he or she becomes intoxicated more quickly than anticipated by the employees of the bar. In many cases, if a person leaves a bar, restaurant, or other such entity while obviously intoxicated, then the bar, restaurant, or other such alcohol serving entity may be held responsible for any damages—including injuries and even deaths—caused by that intoxicated person.

Utilization of the Texas Dram Shop Law in cases of wrongful death lawsuits resulting from drunk driving accidents present a number of obstacles which may further complicate the legal process of successfully resolving your wrongful death lawsuit. There are four frequent legal obstacles you are likely to encounter in your pursuit of compensation, for the wrongful death of your loved one.

Jury misconceptions
An experienced defense team
The “Third Party” defense
And wealthy ruthless insurance companies

Jury Misconceptions Regarding Dram Shop Law
More often than not, juries hearing cases of accidents caused by drunk drivers, where the drunk driver has served time in jail for the breaking of the law, determine that justice has been served and that there is no further need for punishment. They often do not understand the financial ramifications that the wrongful death of a loved one often brings, such as funeral expenses, the detrimental financial impacts of income lost, medical or hospital expenses incurred (should the victim have been hospitalized before their death), or other such losses. It is necessary to have the aid of a well-informed and experienced legal representative, who will properly present factual evidence in support of your claim for compensation from responsible third parties. A knowledgeable and skilled Wrongful Death or Fatal Drunk Driving Accident Attorney will also take the time and effort necessary to convince the members of the jury of the need for the additional compensation sought from responsible third parties. The Wrongful Death and Fatal Drunk Driving Accident Attorneys of our Law Office have helped hundreds of our bereaved clients obtain fair and just compensation, by successfully holding third parties responsible for their involvement in drunk driving accidents resulting in wrongful deaths.

Experienced Legal Defense Lawyers
In the passage of the Dram Shop Law, the Texas Legislature unwittingly created a culture of opposition, within both the legal and business worlds, in which bars, restaurants, and other such entities selling or serving alcohol and defense lawyers partner in attempts to deny liability for damages, arising from fatal drunk driving accidents. There has come into existence “Liquor Liability” defense law firms who exclusively handle the defense of Dram Shops held liable for damages in fatal drunk driving accidents. These law firms have developed a credible amount of experience in defeating the use of Texas’s Dram Shop Law, however, the skilled and well-informed attorneys at our Law Office provide more than just a match for their tactics and arguments.

Our Law Office has successfully defeated the legal arguments of every major Liquor Liability law firm, and recovered thousands of dollars of damages for hundreds of our clients. If you have lost a loved one in a fatal drunk driving accident on the roads of Texas, contact our Law Office and let us be your shield against the defense law firms’ attempts to deny your claim for fair and just compensation for your loss.

The “Third Party” Defense in Fatal Drunk Driving, and Wrongful Death Accidents
Should your pursuit of compensation go to trial, the legal defense strategy will center– most certainly– on the drunk driver him/herself. It will be the goal of the defense lawyers to prove that the greater or greatest responsibility for the death of your loved one lies with the drunk driver (to diminish the apparent responsibility of their client(s), who served or sold the alcohol to the drunk driver). However, your Fatal Drunk Driving or Wrongful Death Accident Attorney, from our Law Office, will ensure that the members of the Jury fully recognize and understand the complicity of the Dram Shop(s) in the accident that took the life of your loved one. We will fight, at every turn, to skillfully overturn their lawyers’ legal arguments and expose the liability of their clients. With a nationally recognized reputation for obtaining results for our clients suffering, caused by the negligence of others, you can be assured that we will obtain the compensation due, so that you can resume your life.

Insurance Companies, and Their Potential Role in Your Pursuit of Fair and Just Compensation for Your Losses
We often encounter defense strategies dictated by insurance companies attempting to avoid having to pay damages on behalf of their clients. Be advised that it is in the best interests of the insurance companies to pay as little as possible to you, the victim in the event of any accident caused by the negligence of their policyholder(s). Tactics utilized by these companies range from tricking you into accepting a low-ball settlement (one which is wholly insufficient to fully recover your financial losses), to intentionally attacking the character of your lost loved one—in an attempt to place blame upon them for their own wrongful death). Insurance companies facing the gauntlet of legal action, and the greater potential for subsequent awards of damages possible in trial, enlist an entire range of strategies and arguments to either completely avoid liability, or decrease the amount they will have to pay. The attorneys of our Law Office want you to rest easy. We have successfully battled nearly every major insurance company in the country and recovered $1,000 in damages suffered by our clients. Every major legal defense law firm in the nation recognizes our reputation for a thorough investigation and aggressive litigation in pursuit of justice for our clients. Although recent judicial decisions and legislative actions have further restricted the successes of other law firms’ attempts to secure justice for their clients, our Law Office continues to be one of the most highly recognized legal practitioners known for successfully litigating cases, and providing positive results for our clients. Do not allow your legal rights to be taken from you, or your entitlement to just and fair compensation for your losses to go unused. If you have lost a loved one in a fatal drunk driving, or wrongful death accident, contact our Law Office today for a free consultation. Let us recover your financial losses, protect the memory of your loved one, and battle for your rights. We are here for you.

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