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Could You Report a Reckless Semi Truck Driver?

Tuesday, September 24, 2019

Semi truck drivers have high standards of care they must obey behind the wheel. Like other drivers, they must follow roadway rules and speed limits. They must also meet federal guidelines for safe and prudent driving. A negligent, careless or reckless semi truck driver could endanger everyone else on the road. If you notice reckless driving behaviors from a truck driver in Dallas, report the driver to the authorities. Reporting a reckless semi truck driver or unsafe rig could prevent a catastrophic truck accident.

How to Report a Truck Driver for Endangerment or Reckless/Dangerous Driving

Reckless driving exceeds the parameters of negligent driving. Driver negligence is unintentional. A truck driver may not notice he or she is exceeding the speed limit or not paying enough attention to the road. Reckless driving, on the other hand, demonstrates a marked lack of regard for the consequences of the driver’s actions. A reckless truck driver shows a wanton disregard for the safety of others. Reckless or dangerous driving can include texting and driving, tailgating, excessive speeding, weaving through traffic or illegal passing.

Reckless endangerment is even more serious than reckless driving. It is when a truck driver engages in conduct that creates a significant risk of serious injuries or death to others. Reckless endangerment is a crime in Texas and most other states. Examples of reckless endangerment by a truck driver can vary from driving under the influence of drugs or alcohol to operating a truck without being qualified to do so. As a motor vehicle driver, if you notice a truck driver that may be guilty of reckless driving or reckless endangerment, you can report the driver to the authorities.

If the truck driver appears to be putting other people’s lives in danger, call 911 to report a safety emergency. Keep your distance while you describe the situation and give the police information such as the truck’s license plate number. If it is a nonemergency situation, contact the Department of Transportation (DOT) directly. You may complain online or over the phone at (855) 368-4200. The DOT can send officers to detain the truck driver or otherwise investigate the situation. Reporting a reckless truck driver could prevent a serious or deadly accident in Dallas.

Preventing Semi Truck Accidents

It is largely up to the trucking company and its drivers to prevent semi truck accidents. They are the parties responsible for ensuring the safety of its big rigs, as well as its drivers and other employees. A trucking company must follow strict standards of care during procedures such as hiring drivers, training them and testing for drugs. The trucking company is also in charge of fleet maintenance and repairs. Any breaches of duty within these standards could contribute to a semi truck accident.

As a passenger vehicle driver, you could also have the power to prevent a semi truck accident. Stay alert and pay attention while driving around Dallas. A truck driver could exhibit signs of negligent or reckless driving prior to causing an accident. If you notice a truck driver drifting between lanes, weaving through traffic, speeding, ignoring roadway rules, falling asleep behind the wheel or otherwise driving recklessly, report him or her to the correct authorities. You may be the reason the police revoke the driver’s commercial license or penalize the trucking company, taking the dangerous truck or driver off the road.

You should also report any noticeable equipment or truck maintenance problems. If the truck appears in a state of disrepair, with worn-out tires, for example, report what you see to the DOT. Give the truck number during your phone call to help the DOT track down the correct semi truck. Unsafe equipment or a truck in poor condition could ultimately cause an accident. Poorly maintained big rigs or reckless drivers always bear reporting in Dallas.

Posted by admin at 4:06 pm

How Can the Police Prove a Driver Was High?

Friday, August 30, 2019

Texas takes driving while intoxicated (DWI) cases extremely seriously. It has some of the most stringent drug and alcohol laws in the country. Driving high is a major crime. Marijuana use in any capacity is currently illegal in Texas, as is driving under the influence of drugs or alcohol. After a car accident involving a driver who may have been under the influence, the police in Texas will conduct a thorough investigation to prove driver intoxication.

Texas’ DWI Law

As is the case in all states, it is against the law to drive while intoxicated in Texas. Intoxication refers to driving under the influence of impairing drugs and/or alcohol. The legal limit for alcohol in a driver’s blood system is 0.08%. Any amount of marijuana in a driver’s system, however, could be proof of driving high. The police can arrest and charge a driver with a DWI if he or she shows signs of being under the influence.

  • Dangerous driving behaviors
  • Slurred speech
  • Red eyes
  • Confusion or disorientation
  • Aggression
  • Poor coordination or balance
  • Marijuana or alcohol signs/scents

The police will conduct tests to try to prove DWI during roadside traffic stops. For alcohol-related stops, a Breathalyzer can quickly analyze a driver’s breath to calculate his or her blood alcohol concentration (BAC). Blowing over a 0.08 can result in a DWI charge. If a driver is high, however, a Breathalyzer test will not pick up the marijuana or other drugs. A driver suspected of a DWI involving marijuana may have to undergo other types of tests.

What Is the Protocol for Testing for Marijuana DWI?

Current marijuana DWI tests face backlash from the community for inaccuracies. Unlike alcohol, no device for officers exists to instantly check for DWI. There is also no legal amount of marijuana that defines when a driver is too impaired to drive. Instead, police officers often must use their own judgment to determine if someone is driving high. This may include asking the driver questions, watching for signs of intoxication and conducting field sobriety tests.

While a blood or urine test could be positive for marijuana, it is difficult to tell when the driver used the drug. Marijuana can stay in someone’s system for two months or longer. A positive chemical test, therefore, may not be evidence of driving while intoxicated. The driver’s defense attorney could argue that the driver used the drug weeks earlier, not on the day of the alleged DWI. The prosecution may then have to rely on other evidence, such as footage of a field sobriety test, to try to prove the DWI case.

Technology may finally be catching up with high driving, however. Companies such as Hound Labs are currently creating marijuana Breathalyzers that will work similarly to alcohol Breathalyzers. These devices may be able to rapidly and accurately check for recent marijuana use using a driver’s breath. The marijuana Breathalyzer could be a breakthrough for law enforcement since current testing techniques are largely inaccurate.

How Can Police Drug Test Drivers

How To File a Claim for an Accident With an Intoxicated Driver

Driving high is becoming a prominent problem as more states decriminalize marijuana. DWI accidents took 940 lives in Texas in 2018, according to the Texas Department of Transportation. If an intoxicated driver struck you and caused serious injuries or took the life of a loved one, you have grounds to file a claim against the DWI driver. Texas civil laws give you the right to pursue financial compensation for losses such as property damage, medical expenses, disabilities, lost wages, and pain and suffering.

You have two years from the date of your car accident to file a personal injury claim against a DWI driver. Hire a Dallas personal attorney to help you handle the claims process. A lawyer can strengthen your case by collecting evidence that could prove the other driver was driving high, such as police reports, drug tests, eyewitness statements, expert testimony and the results of a criminal DWI case. A lawyer may be able to obtain more for your accident claim than you could alone.

Posted by admin at 3:45 pm

When Is a Theme Park Responsible for an Injury?

Thursday, August 29, 2019

Visiting a theme park in Texas should not end in a trip to the hospital…yet this is exactly the experience hundreds of people suffer each year. Dangerous amusement park rides, slippery floor surfaces, spoiled food, unsanitary pools and other hazards could cause serious premises liability related injuries. Some of the most horrific injuries in history have included limb amputations, traumatic brain injuries, spinal cord injuries, severe lacerations, accidental drowning and wrongful death. The theme park may be legally responsible for guest injuries if it should have prevented the incident.

Theme Park Safety Rules and Regulations

Theme and amusement parks in Texas must abide by certain laws and safety best practices. This involves designing safe rides, properly installing them and keeping up with ride maintenance. These laws come from federal, state and local sources. The U.S. Consumer Product Safety Commission, however, does not have jurisdiction over amusement parks or water parks. It can only oversee the safety of mobile rides. Instead, it is the state and local governments’ duty to regulate theme parks in Texas. They do so through the Amusement Ride Safety & Inspection Act.

  • Operational requirements
  • Insurance requirements
  • Daily inspections and inspection reports
  • Safety nets for certain rides
  • Closing dangerous rides during investigations
  • Warning riders of potential risks

All amusement parks have a duty to exercise reasonable care. This duty can refer to many individual actions and obligations, from performing regular ride inspections to cleaning up spilled drinks promptly. Anything a reasonable and prudent amusement park would do to protect guests from injuries will become part of a park’s duty of care in Texas. It is negligence if a theme park breaches its duty of care to guests, resulting in guest injuries or deaths. A breach of duty could come from the theme park itself or one of its employees.

Texas Premises Liability Laws

A theme park could be responsible for guest injuries if it should have done more to prevent the injury. If the theme park broke a state law, ignored a safety regulation or was negligent in its duty to exercise reasonable care, an injured guest could have grounds for a personal injury lawsuit based on the doctrine of premises liability. Premises liability laws apply to theme park and amusement park accident claims in Texas. The rules of premises liability state that property owners owe certain duties to guests depending on their statuses.

  • Guests at theme parks are invitees, or guests the property owner invites to enter the premises. Landowners owe invitees the greatest standards of care. They must search the property for defects, repair known hazards and warn visitors of potential risks.
  • A licensee is someone who enters the theme park upon invitation, but for his or her own purposes, such as to make repairs. Theme park owners do not owe a duty to search for hidden hazards before welcoming licensees onto the property.
  • A theme park will not owe a trespasser any duties of care other than the duty not to cause intentional injuries. An important exception is if the trespasser is under the age of 18, in which case the theme park must ensure the property’s reasonable safety.

It is important to understand one’s classification as a guest at a theme park. This will determine what duties of care, if any, the theme park owed the guest. If the guest was an invitee and suffered a property-related injury such as a slip and fall, the theme park could be responsible for the guest’s damages. The injured party will have to prove the theme park reasonably could have prevented the accident, yet negligently failed to do so. A successful claim could help a theme park accident victim move forward.

Posted by admin at 3:11 pm

Grilling Safety Tips

Tuesday, August 27, 2019

Whether you are new to grilling or a seasoned grill master, accidents can happen. A simple mistake or oversight could cause a serious fire or explosion. Every year, an average of 10,200 home fires, 160 injuries and 10 deaths involve home grills, according to the National Fire Protection Association. Before the grilling season ends in Texas, learn a few important safety rules and best practices. Keeping these tips in mind could prevent you from suffering a catastrophic burn injury in a home grill fire.

Do Not Grill Near Your House

Keep a reasonable distance between a charcoal or propane grill and your home. About one-fourth of grill-related home fires in 2017 started on outdoor porches or balconies attached to the house. Avoid grilling indoors, on a patio or close to your house. Your grill should be well away from your home and not under any eaves or low-hanging tree branches. This could help you prevent dangerous house fires.

Keep Children Away

Many burn injury victims are children. Children often do not understand the dangers of hot objects such as open fires or grill tops. They may touch hot grills and suffer serious burns, or play with the dials and cause a fire. Teach children to stay at least three feet away from a grill while cooking. Never leave your grill unattended, especially if you have children in the house. It may be too late to stop the spread of a fire or prevent a burn injury if you are not there to quickly intervene. Keep pets at a safe distance from a grill or fire pit as well.

Practice Gas Safety

If you cook on a gas grill, take extra caution to avoid a dangerous gas leak. Check your gas tank hose regularly for breaks, damage or leaks. Wash the hose with soap and water and look for bubbles for evidence of a leak. Hire a professional grill servicer to repair a leak or to inspect your grill if you cannot get it to light. Stay alert for the smell of gas while cooking. Open the gas grill lid before lighting the grill to avoid a buildup of dangerous gas. If you smell gas, move far away from your grill and call the fire department. Double-check you turned the gas off when you finish cooking.

Use the Right Tools

Many burn injuries are preventable with the right grilling tools. Using fire gloves, a good lighter, Kevlar sleeves, an apron with pockets and other safety equipment could help you avoid a painful burn injury. Make sure you have everything you need near your grill before you start cooking so you do not have to leave your grill unattended.

Treat Minor Burns at Home

If you do suffer a minor burn injury while grilling at home, run room temperature or slightly cooler water on the area until it helps with the pain. If you are wearing rings, a watch or tight jewelry, remove it so the burned area can swell freely. Do not pop blisters that form over a burn injury, as this could invite infection. Apply special cooling lotions or antibiotic ointments to the area, and then wrap it loosely in a sterile gauze bandage until it heals. Take a light pain reliever if you need to after a grill-related burn injury.

Go to the Hospital for Major Burns

A grill-related injury may demand emergency medical intervention if your skin appears dry, charred, white, brown/black or leathery. You may have a third-degree burn. If you have a burn injury that spans over more than three inches of your body, see a doctor for professional treatment. Burns in sensitive areas such as your face or hands also deserve medical attention. Professional treatment may include intravenous fluids, antibiotics, debriding, skin grafts and a hospital stay. Grill injuries can be serious. Do your best to grill safely, no matter how many times you have cooked over an open fire.

 

Posted by admin at 3:12 pm

4 Common Injuries at the Office

Monday, August 26, 2019

When you imagine workplace accidents, you may picture construction sites, manufacturing plants or the commercial trucking industry. You may not immediately think about your own workplace – the office. Yet an office can pose as many health risks and safety hazards to workers as a more dangerous workplace. A slip-and-fall accident, fall down the stairs, elevator accident, repetitive motions or acts of violence from a coworker could lead to life-altering personal injuries. You may be eligible for compensation if you suffer an injury at the office in Dallas.

Fall Injuries

Falls kill more construction workers than any other hazard each year, according to Occupational Safety and Health Administration data. In 2017, 381 construction workers died in fatal fall accidents in the U.S. Construction sites are not the only places where falls occur, however. Falls are also the most common injury-related accident in the office. An office space could have many fall hazards waiting to cause serious injuries.

  • Poor lighting
  • Loose carpets
  • Electrical cords or computer wires
  • Slippery surfaces
  • Food debris in the kitchen
  • Dangerous staircases
  • Unstable chairs
  • Cluttered walkways
  • An open filing cabinet or desk drawers

Fall accidents in the office can cause sprained wrists and ankles, pulled muscles, bone fractures, head injuries, lacerations and traumatic brain damage. A bad fall could put you out of commission for weeks or months. During this time, you may lose wages and miss important opportunities for raises or promotions. You may also face expensive medical bills for your fall-related injury treatments.

Soft Tissue Injuries

Soft tissue and repetitive motion injuries are also common in U.S. offices. Office jobs that require a great deal of sitting, typing, lifting, moving boxes or straining to reach items could lead to many worker injuries. Muscle sprains and strains are common, especially in the back and neck. Carpal tunnel syndrome is also common among office workers and people who work on assembly lines. Carpal tunnel affects the arms, wrists and hands and may require surgery to treat.

Object-Related Injuries

There might not be as many tools or materials flying through the air as at some workplaces, but the office can still pose a threat of objects striking or injuring workers. Look out for items sitting precariously on shelves or cabinet tops that could fall and strike sitting workers. Always be aware of the space you are in to avoid running into desks, chairs, tables, cabinets and other office furniture. Take care not to slam your fingers in a desk drawer, get jewelry caught in a paper shredder or topple unbalanced cabinets. These incidents could cause painful and temporarily debilitating injuries.

Violent Injuries

Surprisingly, acts of violence are a common cause of injuries in the workplace. Workplace violence can involve discrimination, harassment, assault, sexual assault, threats, intimidation and disruptive behaviors. Assaults at work could cause serious wounds such as gunshots or stabbings. You may be able to file a civil claim against your attacker during an ongoing criminal investigation or trial in Texas.

Can You Seek Legal Help?

Texas is unique in that it does not make workers’ compensation insurance mandatory for employers. Although some employers in Texas have workers’ compensation, others do not. For this reason, it is wise to seek legal help after an office injury in Texas. Your boss may not have workers’ compensation insurance, leaving you with limited options for financial recovery.

If your employer could have prevented your accident, you may have grounds for a civil action against the company. An insurance claim or personal injury lawsuit could result in payment for your hospital bills, long-term health care costs, disability, lost wages and more. You may also have grounds for a claim against an office product manufacturer for an unstable or defective item. Hiring a Dallas personal attorney after an office injury could help you recover fair compensation for your damages. 

Posted by admin at 3:18 pm

What are the Penalties for Jaywalking in Texas?

Thursday, June 20, 2019

When walking along certain roadways in Texas, pedestrians might not always find a crosswalk to use to safely cross the street. Logically, one might assume that an area with no crosswalks could imply that pedestrians possess right-of-way in crossing the street in any location. This is simply not true and is in fact extremely dangerous. Assuming that you possess right-of-way as a pedestrian not only leads to illegal jaywalking, but it can also cost you your life.

What is Jaywalking?

Jaywalking refers to entering a roadway in the absence of a crosswalk. It’s dangerous to jaywalk in undesignated areas because there’s no requirement for yield to pedestrians cars on continuous streets as they are at intersections. On in-town highways, for instance, cars typically remain at an accelerated speed. In this situation there are no stop signs, speed bumps, or other regulatory means to slow down a vehicle and prevent any potential pedestrian related accidents. Colliding with a car under these conditions can spell disaster for pedestrians, who are almost always lacking in bodily protection while crossing the street.

Texas Pedestrian Laws 

Texas exercises strict laws that keep pedestrians safe when entering roadways.

  • Cars must yield right-of-way to pedestrians in marked and unmarked crosswalks. White painted lines designate marked crosswalks, like those you see at busy intersections with traffic signals. Not all intersections have painted lines, though. In unmarked areas, like those including T-intersections and stop sign intersections, pedestrians still retain the right of way.
  • Cars must yield right-of-way to pedestrians when they cross entrance gaps that cause lapses in sidewalk. For example, pedestrians retain the right-of-way when they are attempting to cross an alleyway, driveway, or building that divides the sidewalk.
  • Pedestrians must abide by traffic signals when crossing a controlled intersection. This includes traffic lights and pedestrian-specific traffic lights. Pedestrians must also obey all signage pertaining to pedestrian travel. When disobeying traffic signals, pedestrians forfeit their right-of-way privileges.
  • Pedestrians must yield the right-of-way when crossing a street in a location that does not contain an intersection. This includes situations in which the pedestrian’s location is directly across the street.
  • Pedestrians must use available, marked crosswalks when available. Neglecting to use available crosswalks forfeits the pedestrian’s right-of-way.
  • Pedestrians must not enter an intersection in which a car cannot safely slow down or stop in time to yield right-of-way.

Not adhering to these rules compromises your safety and increases your liability in car accidents. According to state law, all instances in which a pedestrian crosses a roadway without an intersection counts as jaywalking.

Penalties for Jaywalking 

Jaywalking penalties aren’t nearly as severe as car-related traffic violations, though they do exist. Texas law enforcement offers to provide education to those caught jaywalking. Those that listen generally do not receive a ticket. If an individual is not willing to educate themselves on road safety by talking to the officer, they then administer a citation. Citations usually amount to between $20 and $160.

Who is Liable When a Car Hits a Pedestrian? 

The answer to this liability question lies solely in context. A pedestrian that knowingly jaywalks, or otherwise acts in a reckless manner, do not receive protection under Texas law. This is because pedestrians only possess right-of-way privileges at intersections and marked crosswalks. However, if a car collides with a pedestrian while they are lawfully crossing an intersection, the driver will most likely possess liability.

Crossing the street as a pedestrian can be extremely dangerous in Texas. State-established crosswalk rules are meant to prevent accidents, especially because they can be fatal to unprotected pedestrians. When jaywalking means risking liability and safety when facing a car accident, the wisest decision remains to wait for a crosswalk before crossing the street.

Posted by admin at 9:55 pm

Who is Liable for Public Pool Slip and Falls?

Saturday, June 15, 2019

During the summer months, frequenting public pools to cool off is a tradition for many families across the country. Especially in extremely hot states like Texas, public pools can be a godsend for individuals that don’t have pools of their own. However fun they might be, congested public locations can pose safety risks, especially for young children. Moreover, if a public facility fails to properly warn the public about risks associated with their equipment and/or services, or provide proper maintenance to the premises, they could cause severe injury to those that trustingly enter their establishment.

What Could Go Wrong?

Though at first glance, a location might seem safe, this is not always the case. Upon further inspection, small building code violations and other instances of premises neglect reveal themselves. Some of the most common issues that cause premises-related accidents include:

  • A lack of signage designating rules, pool conditions (ex. water depth), or safety guidelines.
  • Inadequate shelving or other faulty equipment/furniture that guests interact with.
  • In public pools, this could mean leaving maintenance equipment out or neglecting to keep the pool area clean.
  • Uneven or rough surfaces that cause tripping, especially in environments that involve water. This applies to the pool’s structure, too. For example, a pool with concrete edging or tiling that lift.
  • Failing to maintain safety-related features, like railings and ladders that lead out of the pool.
  • Failing to place precautionary signs around areas that need maintenance, or areas flooded with water. 

Premises liability cases have their basis in the property owner’s negligence. If you suffered an injury caused by any aspect of an establishment that you know the owner is responsible for maintaining, you could have a valid case to file.

What is Comparative Negligence?

As mentioned above, premises liability cases are negligence based. In personal injury law, you must prove how the defendant caused your injuries. Proving negligence typically requires claimants to provide evidence that follows the same cause-effect timeline, no matter the type of personal injury case:

  • The defendant owed the plaintiff a duty to provide safe services and/or products. In a premises liability case, this means the pool owner was responsible for keeping their facility safe while warning against potential hazards.
  • The defendant failed to meet this duty to maintain the plaintiff’s safety. This could be by neglecting pool facility maintenance or put up safety signs.
  • The defendant’s negligent actions directly caused the incident that injured the plaintiff. For instance, a guest might trip over uneven tiling in a pool locker room/bathroom. The defendant neglected to fix their facility’s surfaces, causing the plaintiff’s accident.
  • The plaintiff sustained verifiable injury. Claimants can prove this by providing their medical records after seeing a physician for their injuries.

Providing different forms of evidence surrounding these four key points builds a strong case on the plaintiff’s behalf.

Comparative Negligence

The state of Texas exercises comparative negligence laws. This means that each party must assume responsibility for their contribution to the accident. Law enforcement, insurance companies, or the court assigns each party a fault percentage that designates the proportion of blame each party possesses. Texas utilizes modified comparative fault, meaning you must possess less than 50% of the fault to file a claim for damages. Individuals that caused more than half the damage in an accident will most likely assume responsibility for their damages and the other party’s damages.

Who is Liable?

In premises liability cases several saving graces could save the owner from liability. For example, posted signs, rules, warnings, or other hazard-related materials throughout the facility could act in their favor when determining if the owner was negligent.

However, if there were no signs designating danger, like a sign warning about broken floor tiles, or other communication about premises safety, the plaintiff will likely possess a rating that allows them to file a claim. This means the facility’s owner is liable for all damages associated with the accident.

When entering any facility, it is the guest’s responsibility to abide by all rules and safety precautions communicated by the property’s owner. However, if they neglect to keep up their facility or provide safety regulations to their guests, they remain liable. This means you should talk to an experienced Dallas personal Injury Lawyer.

Posted by admin at 7:09 pm

What If You Are the Passenger in a Rideshare Accident?

Tuesday, February 12, 2019

With companies like Lyft and Uber giving taxicab companies a run for their money in the Dallas area, the options for catching an easily accessible, affordable ride are more numerous than ever. Rideshare drivers, however, are just as susceptible to accidents as the rest of us; some would even argue rideshare drivers are more prone to distracted driving due to their constant use of the rideshare app.

What happens if you are the passenger in a rideshare accident? What are your responsibilities, and next steps?

Some Common Causes of Rideshare Accidents

Just as with any other driver, rideshare drivers experience a few common causes of accidents.

  • Drunk driving, whether on the part of your driver or another driver
  • Weather-related incidents involving slippery roads or poor visibility
  • Damaged or defective street signs or traffic signals
  • Roadways in poor condition due to construction or wear
  • Reckless driving such as turning too quickly, tailgating, or rushing through intersections, either on the part of your driver or someone else
  • Road rage, whether your driver or another driver
  • Speeding on the part of your driver or someone else
  • Defective or malfunctioning vehicle
  • Drowsy driving by your driver or someone else
  • Distracted driving by your driver or someone else

Many rideshare experts are particularly concerned about distracted driving due to unruly passengers as well as the very nature of ridesharing. Drivers must access their company’s platform to accept requests and navigate to their stop. However, use of this platform should not occur while the vehicle is in motion. Notify the rideshare company if you notice this or any of the above behaviors.

What You Should Do After a Rideshare Accident

If an accident occurs while you are a passenger, follow this checklist to ensure your safety as well as any potential compensation for your injuries.

  • If he or she has not already done so, ask the driver to move the vehicle to the side of the road or away from the flow of traffic. This ensures that you and the driver will remain safe throughout the next steps.
  • Call the local authorities. Even if the accident seems minor, a police report will document the events of the accident and establish that you were a passenger in a rideshare vehicle at that time. Stay at the scene of the accident until authorities release you.
  • Obtain insurance information for all parties involved.
  • Report the accident to the rideshare company. Most companies allow you to do so within the app in which you requested the ride. Often, the company will contact you for more information.
  • Seek treatment for your injuries. Even if your injuries seem minor, it is important to have them documented as well as to screen for hidden injuries not apparent at the time of the crash. Retain all medical bills and doctor’s statements.
  • File an insurance claim.

Who Is Liable for My Injuries?

Depending on who is at fault for the accident, a number of insurance companies could be liable for your injuries. If a third-party driver with insurance caused your accident, that driver’s insurance company would compensate you for your injuries. However, if the third-party driver did not carry insurance the rideshare company’s uninsured motorist policy would likely provide coverage.

Rideshare drivers are responsible for providing their own, state-minimum liability and PIP insurance, meant to cover passengers and other parties involved in accidents. Rideshare companies maintain their own insurance, usually in effect while the rideshare driver has a passenger onboard. However, rideshare companies are notorious for maintaining that their drivers are not employees, merely contractors that use the platform. Still, most Dallas personal injury attorneys recommend filing a claim directly with the company first.

Consult with a Dallas rideshare accident attorney to determine your next steps. An attorney with experience in the area will be well versed in handling negotiations between the multiple insurance companies that often become involved in rideshare accidents.

Posted by admin at 8:49 pm

E-Scooter Accidents and Injuries

Wednesday, January 16, 2019

Dallas permitted electric scooter (e-scooter) rideshare companies Bird and Lime to release about 1,000 rental e-scooters into the city in July 2018. Since then, dozens of victims have suffered road rash, facial lacerations, broken bones, and traumatic brain injuries in e-scooter accidents. E-scooters can go up to 15 miles per hour. This can surprise many new riders and contribute to accidents. Negligent drivers are another major threat riders face in Dallas.

E-Scooter Injuries and Deaths in Dallas

In the first three months after rideshare scooters’ debut in July 2018, Dallas police received four motorized scooter accident reports. Not all victims called 911, however, since Dallas paramedics recorded 13 scooter accident patients in the same time period. Parkland Memorial Hospital identified 37 cases involving scooters in the last half of 2018, with a major spike after the release of rentable e-scooters. Baylor University Medical Center says at least seven scooter patients required major surgeries since July.

The first confirmed rentable e-scooter death happened in Dallas, Texas. The rider was not wearing a helmet, and suffered a fatal head injury when he crashed the scooter, potentially in a hit-and-run. The victim, Jacoby Stoneking, took a Lime e-scooter home from a restaurant on September 1st. He soon called a friend to request a Lyft, saying he had crashed and hurt his foot. When the driver arrived, however, Stoneking was lying near the broken Lime scooter and sadly, was unresponsive.

Although the details of this fatal e-scooter accident remain unknown, authorities say the scooter had broken in half when they responded to the scene. While Stoneking’s family always suspected a hit-and-run because of the severity of his injuries, another answer could be that the scooter snapped in half during use. Other reported cases of e-scooters breaking in half have surfaced around the world, making many question a possible product defect. If this is the case, Lime could be liable for victims’ damages.

What Causes E-Scooter Accidents in Dallas?

Electric scooters pose many risks to riders. They expose riders to many potential personal injuries in a crash, with no metal shell to protect the rider from hazards. Although Bird and Lime recommend riders wear helmets, no law in Dallas forces riders to do so. (The law does require helmets, however, to ride mopeds in Dallas.) Lack of helmet use, new riders who underestimate the speed of the scooter, and negligent drivers can all result in e-scooter accidents and injuries.

Drivers in Dallas are still growing used to seeing dozens of electric scooters on roads and bicycle paths in the city. Many do not understand or respect the rights of scooter riders. They may tailgate scooters in traffic, pass too closely, honk, shout, ignore the right-of-way, or otherwise threaten the safety of scooter users. This can cause serious and fatal collisions. Drivers speeding and breaking other roadway rules can also cause e-scooter accidents.

What to Do as an Injured E-Scooter Rider

If you recently rented a Bird or Lime scooter in Dallas and suffered personal injuries in a crash, you may have grounds for a claim against one or more parties. An at-fault driver could be liable for your damages, as could the scooter company, a product manufacturer, or a property owner. More than one party could share fault for your accident depending on the situation. It is up to you as the victim to protect your rights and pursue compensation through the civil system.

You are not the first person to suffer a serious injury on an electric scooter. Resources are available to help you recover fair compensation. Discuss your case with an attorney to find out if your case has merit. You may be eligible to recover money for medical bills, lost wages, and pain and suffering from the at-fault driver or e-scooter company.

Posted by admin at 5:14 pm

What Are Owners Liable for in a Slip & Fall Accident on Their Property?

Thursday, December 13, 2018

When a person legally visits another person’s property, the visitor has a reasonable expectation to visit without fear of injuries. Property owners have a legal duty to ensure their properties do not pose any risks of injury to lawful visitors. They must take appropriate steps to address and correct known safety issues or at least provide adequate warnings to lawful visitors if those visitors are likely to encounter known safety issues while on the property. A personal injury attorney in Dallas can help an injured person understand his or her options for legal recourse after a slip and fall injury on private property.

Damages in a Slip and Fall Lawsuit

A slip and fall lawsuit against a property owner will follow a similar framework to any other personal injury claim. The plaintiff’s attorney will need to prove that the property owner owed a duty of care to the plaintiff, failed to uphold that duty, and consequently caused the plaintiff’s claimed damages. Several types of damages are available in a typical personal injury claim.

· Medical expenses. Slip and fall injuries can cause cuts, bruises, broken bones, spinal injuries, traumatic brain injuries, and a host of other possible afflictions. A property owner who was negligent in the care and maintenance of a property and caused such injuries is liable for the victim’s immediate and future medical expenses resulting from the incident. This can include hospital bills, ambulance fees, surgical costs, and any costs for necessary ongoing treatment like physical therapy.

· Lost income. A slip and fall injury may cause the victim to miss work, and the defendant is liable for the wages lost during the victim’s recovery period.

· Property damage. If a slip and fall incident also damaged or destroyed the victim’s personal property (such as an expensive watch or smartphone), the plaintiff can claim compensation for the costs of repairing or replacing these items.

· Pain and suffering. The jury reviewing a slip and fall lawsuit will consider the plaintiff’s medical expenses as well as testimony from expert witnesses to determine a fair amount of compensation for the plaintiff’s physical pain, emotional anguish, and mental distress resulting from the incident.

· Punitive damages. In some cases, a jury may decide that a property owner was intentionally reckless or negligent beyond the scope of typical negligence and award punitive damages in addition to other damages. This discourages similar behavior in the future and the amount typically depends on the personal finances of the defendant; wealthier defendants pay more in punitive damages.

Determining Liability for a Slip and Fall Incident in Texas

Property owners are not automatically liable for any and all slip and fall injuries that occur on their property. Several factors may negate or mitigate a property owner’s liability. To succeed with a slip and fall lawsuit against a property owner, the plaintiff’s Dallas slip & fall injury lawyer must prove several conditions.

· The defendant owns the property where the incident occurred.
· The plaintiff was on the property lawfully. Property owners have no duty of care to trespassers.
· A condition on the property existed that created an unreasonable risk of harm.
· The risk of harm was foreseeable, or the property owner knew about the hazardous condition prior to the injury in question.
· The defendant failed to address the hazardous condition in a timely and/or appropriate manner, or did not take adequate steps to warn the plaintiff of the risk.
· The plaintiff suffered actual harm, such as a physical injury or economic expenses resulting from a physical injury.
· The defendant’s breach of duty directly caused the plaintiff’s damages.

When a slip and fall injury occurs on private property in the Dallas area, a Dallas slip & fall injury lawyer can help a victim recover his or her damages and hold a negligent property owner accountable. Call the law firm of Aaron A. Herbert today to learn more about our speciality practice areas.

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