Texas Walmart Accident Lawyers | Walmart Injury Attorneys

Walmart is the world’s largest retail corporation. Walmart uses low prices to attract a high volume of customers. Walmart stores are spread widely throughout the state of Texas.   Walmart’s presence in Texas includes over 500 stores. Walmart also has a high number of customer injuries reported. Many times these injuries are the result of the negligent acts or omissions of Walmart employees . Hiring experienced Texas Walmart accident lawyers soon after any injury at Walmart is critical to maximizing your recovery.

What are some of the causes of Walmart accidents in Texas?

Slip and fall accidents, otherwise known as premises liability accidents, happen every day in Walmart stores around Texas. Numerous people incur injuries from slipping, tripping or from falling merchandise.  When these negligent accidents occur, Texans often suffer serious, even life threatening injuries. If you or a loved one has been injured in a Walmart store you need an experienced personal injury attorney to maximize the recovery in your case. Our experienced Walmart personal injury attorneys at the Law Firm of Aaron A. Herbert can fight to make sure you receive the compensation you are entitled to under Texas law.

What to do after a Walmart accident in Texas.

Walmart has a responsibility to protect Walmart customers from dangerous conditions. When an injury occurs at a Walmart store,  report the accident to the store manager or to the customer service desk. Store management will ask the victim to fill out an accident report form. If no form is furnished, you should request one.  If there are witnesses to the accident, ask for their names and contact information. If possible, take a picture of the scene of the accident. A floor spillage, unattended pallet on the aisle or an item that fell off a store shelf can be best documented by taking pictures of it. Having these pictures will increase the probability of winning your claim.

Why hire our experienced Walmart injury law firm? 

Our Texas Walmart accident lawyers understand the seriousness of falls and other Walmart accidents that happen in Walmart stores. A sudden fall can result in broken bones, head injuries, neck injuries, brain injuries and spinal cord injuries. If you or your loved one sustained injuries in a Texas Walmart store, obtaining experienced legal help is critical to your case. Walmart store managers are trained to act quickly in limiting their exposure to liability. Evidence of an accident is often cleaned up immediately, photographs are prohibited and witnesses normally pulled away. Protect your legal rights and contact an experienced Texas Walmart accident attorney to establish fault.

Contact our Texas Walmart accident attorneys today.

It can be especially challenging to pursue claims and recover after Walmart accidents because Walmart it is such a large corporation. Walmart has the money to cover even serious injuries, but they also have teams of attorneys whose job it is to fight legal claims. Even in cases where the store’s liability seems clear, it is important to get a free consultation from an experienced Walmart injury lawyer. Our attorneys have over four decades of experience fighting for victims’ legal rights and can help you get the compensation you deserve. Call our office today at (972)HELP-YOU.

Winter presents many challenges to drivers of all types of vehicles, but truck drivers who handle large tractor-trailers or big rigs need to be extra cautious on winter roads. Big rig accidents are some of the most damaging motor vehicle collisions possible and typically result in extensive damages for all parties involved. This winter, it’s vital for everyone to know how big rig accidents happen during the colder months. According to annual averages collected by the U.S. Department of Transportation’s Federal Highway Administration, about 21% of vehicle crashes logged over a 10-year period involved poor weather conditions.

Speeding

Speeding is generally dangerous for all drivers in any situation, but for big rigs the danger is exponentially greater. A tractor-trailer needs much more time and distance to come to a stop from high speed than a smaller passenger vehicle due to its heavy weight and large size. Speeding on roads with patches of ice or pools of water can be exceptionally dangerous. High winds also pose a risk to truck drivers driving tractor-trailers with empty trailers. These vehicles have high centers of gravity, and strong wind can be enough to cause a tip-over. Traveling at high speeds, especially around curves, compounds this danger.

Poor Visibility

It’s more difficult for all drivers to see in fog, rain, snow, or any other type of precipitation. Drivers should engage safety features such as lights and wipers as necessary and use extra caution during inclement weather. A study from AAA conducted over a five-year period concluded that rain contributed to more than 9% of crashes. Rain is dangerous, because it not only affects the quality of the road surface and vehicle tire traction but also impedes visibility.

During any type of limited visibility, all drivers should use extra caution and adjust their speeds as necessary. In some states, police have the power to conduct traffic stops if a driver is “traveling too fast for conditions.” For example, the posted speed limit on a stretch of road is 55 mph, and a driver is traveling at 52 mph during a severe storm. A police officer may conduct a traffic stop because it is too dangerous to travel at or near the posted speed limit.

Snow, Ice, and Sleet

One of the most prevalent dangers of driving in winter is icy or rain-slicked roads. Vehicles can lose traction with the road surface after hitting ice, snow, or water. Hydroplaning occurs when a vehicle’s tires skim across water on the road instead of the road itself, and snow and ice accumulation can make it difficult for a driver to stop or make necessary maneuvers. Winter precipitation can easily cause multi-vehicle collisions, resulting in significant damages, and determining fault for these incidents can be difficult.

Road surfaces may also sustain damage over time from typical wear and tear, but winter weather conditions can compound the dangers such damage presents. Damaged road surfaces may weaken further from expanding and contracting water as it freezes, thaws, and refreezes, and this may cause chunks of asphalt to separate from the road surface. Infrastructure damage is a common cause of truck accidents, and winter weather is one of the leading causes of infrastructure damage in the country.

Holiday Traffic Congestion

Winter coincides with the holiday season, and that means many more vehicles on the road than usual. Additional traffic congestion naturally leads to a higher risk of accidents, and there are generally more private and commercial drivers on the roads. Tractor-trailers help many companies restock their products for holiday shopping and several delivery services including UPS, FedEx, and the USPS handle the vast number of holiday gifts sent through the mail. This means not only are more private individuals driving passenger cars during the winter, vastly more large trucks and commercial vehicles are on the road as well.

It’s wise for all drivers to use extra caution during holiday season travel. Plan trips before leaving and take care in unfamiliar areas. Always drive defensively, and if you don’t feel comfortable driving in inclement winter weather, wait for conditions to improve before driving, if you can.

While many Americans are aware of black boxes in aircraft that can record flight data to help determine the cause of a crash, few may know that many commercial trucks feature black boxes as well. Most black boxes feature fireproof materials and multiple safeguards that allow them to survive even catastrophic crashes.

Black boxes record different types of vehicle data including speed, direction of travel, electrical interference, any disturbances to the vehicle’s systems, impacts, fuel consumption, and countless other variables that may contribute to crashes. Investigators often rely on black boxes to determine how catastrophic vehicle accidents happen when no one survives to offer a statement. They can also play a significant role in litigation for a commercial truck accident.

Black Boxes Help Prove Liability for Trucking Accidents

Modern tractor-trailers manufactured since the 1990s feature electronic control modules (ECMs) built into their engines. ECMs function very similarly to the black boxes found in commercial airliners and can help determine the cause of an accident. Commercial truck black boxes typically record and store data for a specified amount of time, usually 30 days. The black boxes can track a truck’s gas mileage, average RPMs, time spent traveling at high speeds, overall speed, idling time, airbag deployment, hard stops, GPS coordinates, and many other variables.

Truck manufacturers originally designed ECMs to discourage fraudulent warranty claims but ECMs have recently been more valuable as evidence in truck accident claims to help determine liability. Trucking companies can compare ECM data to driver logs to help with these investigations, and it’s important for injured claimants in truck accidents to secure legal representation as soon as possible. An attorney can help ensure a trucking company preserves potentially crucial black box data for use in a future lawsuit.

Most states generally uphold that the data contained in an ECM is the property of the vehicle’s owner. If a trucking company owns a truck involved in an accident, the trucking company technically has the right to destroy the ECM data. However, some states have enacted laws that prevent trucking companies from destroying ECM data when clear evidence that the data could be crucial to an official investigation exists. Trucking companies may also use tracking modules for their vehicles that record and store additional types of data. An attorney may request protection of these types of recording devices if they contain hours of service logs, pick up and unload times, or other data vital to an ongoing case.

How Can a Black Box Influence My Lawsuit?

A plaintiff’s attorney in a truck accident claim can file for a court order preventing the destruction of crucial data in a truck’s black box or ECM. If the truck driver or the trucking company is liable in any way for the plaintiff’s damages, the ECM data can help establish liability for all parties involved. For example, imagine a plaintiff suing a trucking company after claiming the truck driver made an illegal lane change and crashed into the claimant’s vehicle.

The ECM data may show that the truck’s computer logged a turn signal use right before the collision, countering the claim.

ECM data from consumer vehicles may also come into play in these cases. Many auto manufacturers include systems to record travel and crash data for use in investigations. Following the previous example, the claimant’s vehicle’s ECM data may show the claimant was traveling 20 mph over the speed limit immediately before the crash, establishing the claimant is at least partially liable for the incident.

If you are unsure if or how a black box could come into play for a truck accident claim, your attorney is the best resource for additional information. Your attorney can also file subpoenas for crucial data that can improve your odds of succeeding with a truck accident injury claim and handle insurance issues. Truck accidents often result in significant damages, and a black box is likely to be one of the most crucial forms of material evidence that will come into play in a truck accident lawsuit.

Motor vehicle accidents involving tractor-trailers and other large trucks often cause significant damage. A person who sustains injuries or other losses from a truck accident will likely have several questions about his or her rights and legal options for recovery. Anyone injured in a truck accident should ask these questions to determine the best next steps.

Who Is at Fault?

One of the most important factors in a truck accident is fault. If one driver, several drivers, or multiple parties bear liability for a truck accident, they are responsible for the resulting damages. When a person suffers injuries in a truck accident, he or she may file an insurance claim to recover medical expenses and other losses. An injured claimant’s insurer will want to know if any other parties bear liability for the claimant’s damages, and the insurer may pursue legal action against the at-fault party to recover the amount paid toward the claimant’s compensation.

In some cases, it may be more beneficial for an injured party to file a personal injury lawsuit against an at-fault driver, especially in cases in which the injured party’s damages exceed the scope of any available insurance coverage. In other cases, a claimant’s fault for a claimed event may come into play. Many states follow comparative negligence laws that limit a plaintiff’s recovery if he or she bears liability for claimed damages. A plaintiff’s comparative negligence in a truck accident claim could diminish the claim’s value, resulting in less compensation for the plaintiff, in proportion to his or her percentage of fault for the incident.

How Much Is My Claim Worth?

If your truck accident claim falls within the scope of your insurance coverage or an at-fault driver’s insurance coverage, you will need to supply evidence of the extent of your claims and their eligibility under the policy in question. If you pursue a personal injury lawsuit for your truck accident damages, you will need to provide clear evidence of not only the extent of your losses, but also proof that the defendant is directly responsible for those losses.

Insurance will generally cover a claimant’s medical expenses and property damage, and additional coverage types may also apply depending on the specifics of a claimed event. If a claimed truck accident escalates to a personal injury lawsuit, the claimant will need to offer evidence of his or her economic and non-economic damages. Economic damages can include medical expenses, lost income, and property damage. Non-economic damages generally include pain and suffering compensation, and different courts use different methods for calculating pain and suffering damages in civil claims.

Do I Need a Lawyer?

A truck accident may result from the actions of one negligent party or several. It’s also possible for a defective product or the negligence of a third party to lead to a truck accident. An injured driver may not know the best course of action for legal recovery, and a reliable truck accident attorney will be a great asset in this situation. An attorney can help with insurance issues and build a strong case for a personal injury lawsuit against a negligent defendant or group of defendants. In the case of multiple defendants, a plaintiff’s attorney can consult with experts to determine each defendant’s level of liability for the plaintiff’s damages.

An attorney in a truck accident case can help an injured client maximize his or her recovery. Trucks are some of the largest vehicles on the road, and truck accidents typically lead to serious injuries, expensive property damage, and sometimes loss of life. Victims of truck accidents should handle their immediate medical concerns after experiencing these incidents and then consult experienced attorneys about their legal options.

The infrastructure in your city or even your home could pose many hidden dangers. For example, we know that some old building materials, like lead and asbestos, can lead to detrimental effects like brain damage and cancer. However, what about materials like old gas lines? Can these pose a risk to you and your family?

America’s Aging Natural Gas System

Unfortunately, tales regarding the dangerous nature of America’s natural gas system abound. In 2014, news of a gas explosion in Harlem rocked the nation, after an aging infrastructure was responsible for the death of 8 and injuring dozens more. A crack in an old gas pipeline was reportedly responsible for the leak – piping that was more than 100 years old. Just how much of America’s gas infrastructure is like this? What danger does it pose to the average city dweller?

The nation’s natural gas pipeline is a large network of pipes that carry from underground wells to your appliances every day. This labyrinth of pipes comprises more than 2.4 million miles and distributes natural gas all over the country. Most of this network is smaller pipes that go directly to your stove, or water heater, or whatever other appliances in your home run on gas. The rest – about 20% — are larger pipes that gather gas from refineries and transport it long distances throughout the country.

Domestic gas production has increased exponentially in recent years thanks to practices like fracking. This means that higher volume may overburden the already aging natural gas system. To address this, municipal and energy authorities are announcing new gas projects, complete with plenty of new pipelines. Though new pipelines are in the works, municipalities have done little to address the current aging pipelines that run under community homes.

What Causes Gas Leaks?

Over time, gas lines can corrode and eventually rupture, leading to leaks underground. In other cases, gas leaks may arise from extreme weather like hurricanes and the high winds they bring.

Cast iron pipes are more likely to corrode and lead to catastrophic leaks. The U.S. Department of Transportation notes that the majority of cast iron piping is isolated to five states:  New York, Massachusetts, New Jersey, Pennsylvania, and Michigan.

Unfortunately, one of the main problems with America’s aging natural gas infrastructure is that gas companies lack the proper incentive to replace them with new ones. Under current law, gas companies can pass the cost of replacing pipelines on to consumers. While newer plastic models are much safer and more durable, it could be decades until gas companies replace them to protect the health of the consumers they serve.

What Can You Do About Gas Leaks?

Natural gas is naturally odorless, but most gas companies add scent to it so it resembles the smell of rotten eggs. If you smell leaking gas on your property, alert the gas company right away. It’s possible that you have a gas leak that needs immediate attention.

Similarly, be vigilant about any construction going on in your neighborhood. You may notice the utility company come out to mark the location of gas lines with flags – it’s important to leave these flags where they are and discourage children from playing with them.

Aging gas lines can present a serious problem to American families. Left unchecked, these pipes that run underground can cause serious harm from leaks and explosions. Gas companies have a responsibility to replace piping with more effective and durable plastic, and the government has a duty to protect the consumer from absorbing the cost associated with replacement. By addressing these points, we can protect everyone from the dangers associated with aging gas lines.

Lithium ion batteries have been the subject of controversy in recent news. It started with the Galaxy Note phone, with reports of spontaneously combusting units on planes, and some even causing house fires. Now, reports of exploding e-cigarettes and vaping pens make big headlines.

An exploding lithium ion battery can lead to burns and other devastating injuries and property damage. It can occur in any item that contains one, from vaping pens to hover boards. Why do lithium ion batteries explode, and what can you do to reduce your risk of injury?

What Is A Lithium Ion Battery?

We consider Lithium ion batteries an important technological advancement in the 21^st century, and for the most part this is true. These units boast a long battery life, they’re portable and lightweight, and can accommodate the shape and size of many different types of electronics. Chances are, if you have a newer cell phone, laptop, or electronic device, you have a lithium ion batter in your house right now.

Lithium ion batteries serve a great purpose. However, they’re not without their downsides. These units store a lot of power, and when they malfunction, the devastation can be great – for example, an explosion or other form of spontaneous combustion may occur. Overheated lithium ion batteries have been responsible for house fires, burns on the hands and face, and other devastating injuries.

Lithium ion batteries are particularly sensitive to high temperatures. When exposed, they can quickly overheat and the consequences can be dire. However, the nature of the battery’s construction can be just as dangerous as the battery itself.

Negligent Construction of Lithium Ion Batteries

The Samsung Galaxy Note 7 recall of lithium ion batteries is perhaps the best-known debacle regarding the subject to date. Samsung traced the problem to a manufacturer of the battery in China, which has less stringent regulatory processes than other countries like the United States. By switching manufacturers, they assured the public the phones would be safe once again.

In the holiday season of 2016, hover boards were extremely popular. Unfortunately, similar stories of hazards began to come out. Stories of units exploding while they were charging had parents worried for their children’s safety. Retailers, faced with massive returns, encouraged parents to buy units with high quality lithium ion batteries to avoid the possibility of overheating and subsequent injuries and property damage.

Duty of Care to the Consumer

All manufacturers, distributors, and retailers of products have a duty of care to their consumers. When a dangerous or defective product leads to injury, anyone in this chain might be responsible for damages. Any person injured by an exploding lithium ion battery may be able to collect damages from a liable party if the following apply:

• The product was defective or inherently dangerous; in other words, it did not work in its intended way with normal use.
• The defective product was the proximal cause of the victim’s injuries.
• The consumer was using the product as intended.

Most product liability claims fall under the category of strict liability, which means victims will not have to prove that a manufacturer was negligent to collect damages. It does not matter if the party committed negligence or not; since a duty of care to a consumer is higher, the injured party only needs to prove that a defective product directly led to injury.

Lithium ion batteries pose a danger to the average consumer. Anyone who owns a product containing a lithium ion battery should keep it in a temperature-controlled environment and avoid charging it for long periods. Doing so could reduce the risk of serious injury.

Pedestrian injuries are still unfortunately common occurrences. In recent years, public health authorities have attempted to control the amount of pedestrian death and injury by creating more walkable urban centers, installing more crosswalks in busy areas, and doing other things to reduce the risk of accidents. However, pedestrian accidents still can and do occur daily. In fact, a recent Governor’s Highway Safety Association found that pedestrian deaths increased by 11% between 2015 and 2016. What causes these devastating occurrences? Here’s what you need to know.

Unmarked Crosswalks

Most pedestrian accidents occur at intersections. Crosswalks can help reduce the risk of being in a pedestrian accident, but unfortunately not all crosswalks have markings. Pedestrians have the right of way when crossing at an intersection, but many people fail to recognize this. Statistically, pedestrian accidents at crosswalks are more likely to occur in the summer months when people are out and about. Designating lines at crosswalks and installing appropriate traffic signals is a simple and effective way to control this type of accident.

Use of Drugs of Alcohol

DUIs are serious offenses, and ones for which the state does not have much tolerance. Conviction of a DUI can lead to license revocation and suspension, fines, court costs, community service, and more. Unfortunately, not everyone pays attention to the rules. Drivers who operate under the influence of drugs and alcohol pose a danger to themselves and others on the road, and to pedestrians. Because of delayed reaction times and sloppy judgement, pedestrian accidents involving drunk drivers are often fatal.

Distracted Driving

Texting and cell phone use while driving are nearly as dangerous as drunk driving. Motorists can plow into pedestrians because they’re too busy operating a navigation system, sending a text, or perusing Facebook to pay attention to their surroundings. Accidents due to driver inattention lead to pedestrian injuries and deaths each year.

Accidents Involving Left Hand Turns

Most pedestrian accidents occur at intersections, but they’re slightly more likely to occur when a driver is making a left hand turn at a crosswalk. The reasoning behind this is that a driver and a pedestrian are more likely to be looking in opposite directions while making their commute.

Inclement Weather Conditions

Certain conditions like rain can decrease visibility and make it more difficult for drivers to see clearly. As a result, they may not be able to see a pedestrian before it’s too late. Though inclement weather may play a role in pedestrian accidents, drivers must also know how to drive in ambient weather conditions and make adjustments as necessary. As such, a driver who hits a pedestrian in an accident will likely still be liable for his or her injuries.

Arterial Roadways

Finally, so-called ‘arterial roadways’ can make a pedestrian accident more likely. These roads help improve traffic flow on and off freeways, but they serve particular dangers to pedestrians. Many pedestrian accidents occur on these roadways, especially since bus stops are often nearby. When drivers are still driving in “highway mode,” they’re less likely to notice pedestrians, which can lead to high-speed accidents. Unfortunately, arterial roadway accidents often prove fatal to the pedestrian.

Pedestrian injuries may occur in any number of scenarios, but some urban setups and driver behaviors make them more likely. Unmarked crosswalks and arterial roadways pose a particular danger to pedestrians, as do dangerous behaviors like electronic device use, driving under the influence, and general inattention. By avoiding some of the most common scenarios leading to pedestrian accidents, walkers can reduce their risk of injury. By understanding the risks involved with driver inattention and negligence, motorists can similarly take steps to reduce the risk their behavior has on others.