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 accident 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 claimed 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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