If you’re planning on filing a lawsuit, you probably have what you believe to be evidence that you were wronged in some regard. Understanding evidence, however, does take some real legal knowledge. In fact, you may find that, upon meeting with your attorney, they don’t really believe that the things you consider to be evidence […]
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Police Sued Over Privacy Violations
CNN reported that a police department in Washington is facing a lawsuit over violating the rights of inmates. The reporting details that 11 women and 1 man are suing a police department over alleged instances where the inmates—who were all arrested on suspicion of drunk driving—were recorded while they were undressing and using the toilet. […]
Frivolous Lawsuits Get too Much Publicity
The idea behind a lawsuit is to give a person who was wronged because of another person’s negligence away to get compensated. This can include suing manufacturers for putting dangerous products out on the market when they should’ve known better, suing motorists who are prone to driving dangerously and end up hurting or killing someone […]
Dog Bites and Liability
Unfortunately, many dog owners are not responsible with their animals. In fact, it’s quite reasonable to argue that the biggest cause of dog bites has nothing to do with dogs, but with the people who are in charge of taking care of those dogs. There are differences on a state-by-state basis as to how much […]
Daycare Worker Arrested for Raping Children
For parents with children in daycare, a nightmare scenario seems to be unfolding in Ohio. According to NewsOK, a daycare worker has been arrested on two counts of rape. The woman, according to the article, had engaged in sexual conduct with an infant and made a video of herself doing it. Police claim that they […]
Class Action Against LinkedIn Reveals Importance of TOS
If you’ve gotten emails that appear to be from a friend of yours but that were actually from LinkedIn giving a pitch for the website, you’re not alone. In fact, a lawsuit has been filed against the business social networking website alleging that the company breaks into email accounts, uses the contact list to send […]
Can You Sue a Company for Mishandling Your Information?
Today, it’s not uncommon for companies with whom people do very casual business – cellular phone companies, Internet service providers, etc. – to have some very sensitive information about their clients. For example, Social Security numbers are routinely used as forms of identification and many companies require that information in order to open an account. […]
Why Do Personal Injury Attorneys Turn Down Cases?
There are instances when a personal injury attorney may turn down your claim. This may leave you wondering if there is any hope for justice but, keep in mind the fact that civil lawsuits are not really about justice; they’re about compensation. If you’ve been turned down as a client by an attorney, some or […]
How Do You Sue on Behalf of a Child
Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who […]
Alcohol Implicated in Deadly Crash
A deadly crash in Temple has police getting ready to charge the surviving driver with intoxicated manslaughter. The crash occurred on Saturday night, during the last weekend of September and took the life of a 35-year-old woman. She was pronounced dead at the scene after having been involved in a head-on collision with an SUV driven by a 21-year-old man from Nixon, Texas.
The driver of the other SUV suffered non-life-threatening injuries and was brought to the hospital, according to a report in ABC News. Following treatment, police are planning on charging him with intoxicated manslaughter and taking him to the Bell County Jail. In the article, it’s stated that police believe that he was traveling at a high rate of speed.
Drunk Drivers
There are many hazards on the roadways, but hardly any of them are as characteristically deadly as are drunk drivers. They drive unpredictably, they drive too fast or too slow for the road that they’re on, they sometimes swerve into oncoming traffic and they all too often take people’s lives. Drunken driving, of course, is a criminal offense. When somebody ends up losing their life because of a drunk driver, charges such as the intoxicated manslaughter charge mentioned above may be pressed against the driver. The victims in these cases have other options, as well.
Suing
A wrongful death lawsuit is a type of lawsuit filed by the survivors of the victim against the party whose negligence cost that victim their life. Drunken driving is, in many cases, something that a skillful personal injury attorney can use to argue negligence. If you ended up losing a loved one due to a car crash with a driver who had too much to drink, you may want to consider contacting one of these attorneys about filing a lawsuit.
There is nothing callous or opportunistic about filing such a lawsuit. When families lose someone, they may be faced with horrible financial hardships, there is the obvious emotional devastation of having someone taken from you in such an avoidable and pointless way, and the driver who caused all this hardship is liable, in many cases, for criminal charges as well as for the damages they caused in the financial sense.
Settlements
There are some families who find themselves losing a family member or suffering horrific physical or financial damages due to a drunk driver who are offered a settlement, sometimes because the drunk driver or their family happens to be wealthy. Never take such a settlement without consulting a lawyer first. Unless your attorney has helped you to negotiate a suitable, useful and respectful settlement, you should always consider such money to be go-away money. Talk to a Houston personal injury attorney so you know your rights as well as what you should do about the situation.
Call us for a FREE consultation 713-771-5453
Three Car Crash Takes Life
YourHoustonNews.com reports that a car wreck on 105 W. left one person dead. The crash took place at approximately 7:30 AM the week of October 1 and involved a pickup truck and two passenger vehicles. At the time of the report, there was no hard and fast explanation for the accident – which apparently involved a head-on collision – but visibility conditions and road conditions were suspected to have played a part in the deadly collision. Firefighters at the scene had to remove the passenger door of one of the vehicles involved and part of the front of the vehicle to get the driver free.
Bad Conditions, Bad Wrecks
Even in a city with a relatively moderate climate such as Houston, the weather can get foul enough to make roads very dangerous at times. In the vast majority of cases, drivers are very sensible about this and slow down, turn on their headlights when necessary and give themselves a little bit of extra space between their vehicle and the vehicles in front of them. There are those drivers, however, we do not act responsibly in these situations and who end up causing crashes.
Watch Out
When the roads are wet, the braking distance for any vehicle increases. This is simply a part of physics and there is nothing your braking system can do about it. You have less traction on a wet road and, therefore, need more time and space to stop effectively. Additionally, wet conditions usually mean less lighting and, even during the daylight hours, that sometimes means that you have to turn on your headlights to remain appropriately visible. Be sure you follow this basic rule: if your windshield wipers are on your headlights should be on, as well.
One of the real hazards of wet conditions is the fact that they can make headlights and streetlights reflect off the road surface, making driving confusing for some people. If you’re having a hard time seeing in any regard, make certain that you slow down. If necessary, pull off to the side of the road and wait for the weather to pass. If you have difficulty with halos showing up around headlights and streetlights or if your windshield wipers are not functioning correctly, don’t chance it and try to make it home or to wherever you’re going. Pull over.
Negligence
Driving too fast in these conditions is sometimes a form of negligence over which juries will offer compensation. If you were injured or your property has been destroyed because a driver was negligent in not slowing down as much as they should have given the conditions, contact a Houston personal injury attorney. The accident may have been unavoidable but, in some cases, a little bit of caution could’ve gone a long way and you should never have suffered the injuries or property damages you did.
Call us for a FREE consultation at 713-771-5453
Avoiding Drunk Driver Wrecks
College is back in session, the nights are longer and you’ll find that the roads on weekend nights are oftentimes full of people who have had a few too many to be behind the wheel. It’s easy to rage against the dangers of drunk driving and the people who drive drunk themselves, but it’s more important that you have the types of driving survival skills that will help you to avoid being injured or worse by these drivers. For personal injury attorneys, far too many of their drunken driving claims involve a wrongful death. Here are some survival tips.
Don’t Get In
If you have a friend or someone else you’re with who is too drunk to be driving, do not get into the car with them. There are all kinds of videos that show people dissuading their friends from drunk driving-even some showing them punching the driver out, which is assault, no matter how noble the intentions-but, sometimes, the only thing you can do is not get into the car. There’s always an uncomfortable choice that someone has to make when their friend gets behind the wheel drunk. It does feel awful to call a friend in but, remember, your friend may well kill someone if they’re out there driving while intoxicated.
Watch for the Signs
Drunk drivers tend to make some very characteristic mistakes when they’re on the road. Their driving also tends to be sloppy in a very distinctive way. Be wary if you see a car doing any of the following:
· Swerving across lanes
· Making jerky, high-speed turns
· Braking or slowing in the road for no apparent reason
· Running stoplights or lingering at green lights
· Making sudden stops and suddenly taking off
· Driving out of a drinking establishment parking lot sloppily
These are the types of things that make patrol officers turn on their lights and pull a car over. Watch out for them and stay well clear of drivers who are showing these signs of intoxication. You cannot predict what they’re going to do, so it’s best to treat them as threats right from the start. You’ll also want to be careful around taverns and other drinking establishments that have parking lots that exit onto busy streets. Drunk drivers do not estimate speed, distance or judge whether they have enough time to get out into traffic very well.
If you’re injured by a drunk driver or if you lose a loved one due to their negligence, contact an attorney. They may be able to help you by filing a lawsuit against that driver and winning you compensation. That compensation may be enough to cover your medical and property loss expenses and consulting with an attorney is usually free.
Call us for a FREE consultation at 713-771-5453
Low Speed Crash Causes Mayhem
The car crashes people dread are those that happen at high speeds, but a story from FOX in San Antonio reveals that you don’t have to be going fast to do real damage. According to the report, a 30mph crash resulted in $30,000 of damage to a home and two totaled cars.
The crash occurred on the northeast side of San Antonio. The driver of the vehicle that caused the crash ran a stop sign and slammed into a vehicle. The vehicle kept on going and slammed into a house. No one was injured in the home, but the three people in the vehicles were taken to the hospital, according to the report.
At Any Speed
Vehicles that are moving at low speeds are still very dangerous. The energy of a crash is partially determined by mass and, even at a slow speed, the tremendous mass of a motor vehicle makes it deadly. While no one was killed in the crash in San Antonio, cars travelling at low speed routinely cause death and destruction. In fact, even a car travelling at what seems a snail’s pace can be deadly.
In school zones, the 15mph speed limit may seem excessively slow, but a car going that fast can easily kill an adult, much less a child. The lowered speed does not make it safe to get hit by a car, but it makes it much easier for the driver to brake in time to avoid a disaster, which is the entire point. When drivers are negligent and do not follow speed limits, when they run stop signs and when they otherwise drive in an unreasonable way, there are recourses.
Civil vs. Criminal
In cases where there is negligent driving involved, there are sometimes criminal charges filed against the offending driver. This does nothing, however, for the people who were injured or who had their property destroyed by the negligent driver. That is where lawsuits come into play and they are sometimes the only realistic ways that people get compensated for their injuries.
Finding Help
Whether you’ve been injured or had your property destroyed by someone going 30mph or faster than 60mph, contacting an attorney is advisable. The attorney may be able to determine where negligence played a part in the wreck and, if it did, you may end up being able to file a successful lawsuit. Talking to an attorney right away after the wreck is highly advisable as there are limitations to consider.
Remember that someone facing criminal charges does not impact your ability to sue them. The criminal case will be a separate matter. A good Houston car accident lawyer may be able to help you get compensated for what you’ve been put through.
Call us for a FREE consultation at 713-771-5453
Houston Car Crashes Kill Two Well-Known Figures
A singer and a lighting designer were both among the fatalities that resulted from two separate car wrecks in Houston this month. Laura Botkin, a singer, died after being struck by a vehicle heading the wrong way. The accident occurred when she was on her way back from the Grand Canyon. According to a report on Chron.com, the singer was not wearing a seatbelt at the time of the crash. She was ejected from the car and killed.
Jeremy Choate, a lighting designer, was killed in a motorcycle accident on a service road near I-10. The 33 year-old artist was on his way to a cast party at the time of the wreck.
Police are investigating to see if alcohol was a factor in the accident that killed Botkin. The driver of the wrong-way vehicle had a warrant out for a previous DWI, according to the report on Chron.
Wrong-Way Accidents
Wrong-way accidents have been frighteningly common over the last few months. Drivers who mistakenly enter a freeway heading the wrong way can cause devastating damage to the cars they strike, oftentimes killing the driver or passengers. These accidents oftentimes do involve alcohol and the driver of the offending vehicle sometimes may have never made the mistake if they were not intoxicated.
Motorcycle Accidents
The wreck that killed Choate was a hit and run. These crashes are among the most frustrating because the driver who caused the accident sometimes ends up getting away with it for a time. Quite often, however, police are able to piece together evidence that allows them to determine who the hit-and-run driver was and to go after them for criminal charges.
Common Accidents and Options
If you’re involved in one of these types of accidents, you do have options. You can contact an attorney to discuss whether or not filing a lawsuit would be to your benefit.
Lawsuits over car crashes are filed due to the negligence of the driver that caused the accident. When that other driver was negligent and, because of that, brought you to harm, you can sometimes seek a jury award or a settlement through a lawsuit. Not every driver involved in such a crash, however, will have this option.
Talk to an Attorney
If you want to know whether or not it would be worth it to go ahead and file a lawsuit, the first step is consulting with a Houston accident attorney. They’ll be able to review the circumstances of your crash and help to determine whether or not the other driver involved was likely negligent. If they believe that driver was negligent, they can start putting together a case to establish as much to a jury and this may win you compensation.
Call us for a FREE consultation at 713-771-5453
Houston Police Strike Pickup
A Houston police vehicle slammed into a pickup at the intersection of Bissonnet and Beechnut on August 19. According to Chron.com, the accident occurred when the driver of the police vehicle was on his way to a chase at around 1am.
The driver of the pickup will not be ticketed and no one was hurt in the accident. The truck was t-boned in the intersection. According to the report, the police officer did have his sirens and his lights on but the driver of the truck could not stop before entering the intersection.
Crashes with Municipal Vehicles
Drivers sometimes end up getting hurt or killed due to the actions of the drivers of emergency vehicles. Obviously, it’s not uncommon for emergency vehicle drivers to have to drive very fast in areas where the speed limits are much lower. Even though they do have reasons for doing this, you may be able to get compensated for the damages they caused.
Settlements
Sometimes, cities will be fair and offer a settlement amount that takes care of the damages that they caused to people’s property. If a police officer smashes into your vehicle and destroys it, for example, the municipality may simply offer to total out the vehicle for you and to pay you back. This isn’t always the case, however.
When to Sue
You need to talk to an attorney if you’re interested in going after a municipality because of damage that they caused to your property or because of medical expenses that you suffered due to a crash that they caused. There are cases where the municipality won’t offer anything or where they won’t offer enough to actually cover the damages that they caused. In such cases, it’s a good idea to at least consult with an attorney to see what your options are.
If it was a non-emergency vehicle that struck you, you may be able to sue, as well. Accidents involving city buses and other heavy, municipal vehicles can destroy a car in less than a second. In some cases, these accidents may involve serious injuries or even deaths and that means that you need to talk to an attorney about getting compensated. Which part of the city you go after for damages may vary depending upon the department responsible for the vehicle that struck you but, overall, there is usually a way that an attorney can seek compensation for you.
Talk to an attorney and let them know what happened. Even if the wreck didn’t cause injuries, you should be able to get compensated for your financial and property losses as a result of the crash. If an emergency or non-emergency vehicle struck you, be sure to talk to a lawyer about it.
Call us for a FREE consultation at 713-771-5453
Semi Driver May Face Charges in Houston County Crash
A semi driver may face criminal negligent homicide charges from an accident that resulted in the death of the driver of a passenger vehicle. The accident occurred at a construction zone, where four vehicles were already stopped. The semi driver, according to a report on KTRE, failed to apply brakes in time, slamming into the last of the vehicles and causing a chain reaction accident. In total, one driver died and six other people nearby were injured.
Negligence
Legally, negligence involves failing to take an action that would’ve prevented somebody from coming to harm or taking an action that caused somebody to come to harm. In instances where negligence involves a vehicle, nobody is expecting an everyday driver to be possessed of the type of skills that you would expect of a police officer or a professional driver. Negligence involves the types of actions or inaction that would apply to the average person.
In instances where negligence causes a death or injury, filing a civil lawsuit is an option for the parties that were injured, or their families, if somebody happened to lose their life as the result of the accident.
Accidents that involve negligence on the part of a semi driver are particularly deadly. In instances where a semi collides with passenger vehicles, there is very little chance that any of the drivers of those passenger vehicles are going to escape unharmed. Simply because of the mass of a semi, the amount of inertia it generates when it is moving at speed is incredible. No matter how sturdy a passenger vehicle may be, most of them will not stand a chance against that kind of force and that is precisely why accidents involving semis are so deadly.
Trucker or Company?
If you have been injured by a semi, your lawyer may recommend that you sue the trucking company for which the driver worked, the driver themselves or both. There are instances where the truck driver happens to be the one who was negligent and where they are solely responsible for having caused the accident. There are also cases where the trucking company was negligent in maintaining their equipment or in providing adequate rest time for their drivers, thereby being a party to the accident that occurred. An attorney is the only one who can really figure out where negligence may apply and who is responsible for it.
Filing a Lawsuit
There are essentially two types of lawsuits that come out of accidents involving semis where somebody is hurt. If you are injured, you’ll be looking at a personal injury lawsuit and, unfortunately, if somebody happened to die, you may find yourself talking to an attorney about filing a wrongful death claim. A Houston personal injury attorney can help you with either type of claim. The first step is arranging for a consultation with a personal injury attorney so that you can tell them the situation. Don’t worry if you don’t remember everything that happened, which is common in these situations. Attorneys have the technology and the knowledge required to reconstruct accidents if necessary.
Call us for a FREE consultation at 713-771-5453
Wrongful Death Lawsuit Implicates Houston Men’s Club
A men’s club located in Houston has been sued over the 2011 death of a high school senior. In the lawsuit, it is alleged that the club encouraged employees to over serve clients, creating a situation that led to the death.
The victim died as a result of a car accident in which the driver, who had allegedly left the club extremely intoxicated, ended up driving at very high speeds, causing the accident and the death. According to YourHoustonNews.com, the lawsuit alleges that the driver was already obviously intoxicated but received more drinks at the club when he should’ve been cut off.
Understanding Negligence
According to the report, this particular wrongful death lawsuit also implicates the driver of the vehicle, who has already been convicted of criminal charges related to the accident. When a car accident occurs because of the negligence of an individual or an establishment, it is sometimes possible to go after all of the parties involved, rather than lying all of the blame at the feet of one of the parties. In this case, the lawsuit alleges that both the establishment and the driver were negligent and, because of that, brought about the death of the victim.
Suing for Over Serving
If you were injured by a drunk driver who was served too much alcohol at an establishment, your attorney may recommend going after that establishment. There are some clubs and bars that do have policies that do encourage their employees to over serve clients. When somebody is already intoxicated, their judgment is impaired. This is why responsible establishments take very seriously the requirement that they cut somebody off when they’ve had too much to drink. Their patron, even if they don’t believe that cutting them off is appropriate, may be so intoxicated that they have no idea how drunk they already are.
Talking to an Attorney
It’s not always easy to determine who was negligent in a way that led to the death or injury of another individual. Attorneys can help you with this, however. Attorneys can conduct investigations, reconstruct accidents and determine where and when negligent actions were taken or when reasonable actions were not taken and how all of that played into an injury or death that should’ve never happened at all.
If you’re not certain who exactly the negligent party was but you did suffer an injury or death as the result of an accident, be sure to contact a Houston attorney about the matter. They are the only people that will be completely on your side in these matters and will take the time to determine when and how someone may have acted or failed to act and how that played into you being the victim of an injury.
Call us for a FREE consultation at 713-771-5453
Investigating Auto Crashes
If you’ve engaged the services of a Houston personal injury attorney to represent you in a lawsuit related to a car accident, there will be an investigation involved. The attorney will need to collect evidence to back up your claim, and, to accomplish this, they will use their own investigators. This is much different than a police investigation in a very important way.
What the Police Want
When the police or other law enforcement agencies investigate an accident, they’re looking for criminal infractions. They’re not interested in whether or not the other driver was negligent, unless that negligence was somehow actually criminal.
The police are very good investigators and they have the forensic abilities required to reconstruct accidents very accurately. This helps them to determine whether or not one of the drivers involved did something that was in direct violation of criminal law and that led to the accident. What they find out in the course of their investigation may contribute to your case, but it will not be done on your behalf.
What Your Attorney Wants
Your attorney will specifically be interested in negligence. Your attorney, among other things, is trying to determine where financial responsibility for the accident lies. They will have investigators look at the circumstances of the accident and the scene of the accident to collect any evidence that may be available that bolsters your case.
Your attorney may find out that, for instance, the other driver didn’t check an intersection before they started to cross it, that they failed to check for vehicles before they backed out of their driveway or that they were negligent in some other regard that was directly a cause of your accident.
In some cases, your attorney will actually create a computer simulation of the accident so that they can review what happened. This will sometimes reveal where negligence played a role in you coming to harm.
Starting the Investigation
The very first part of this investigation will usually take place at your consultation with a Houston personal injury attorney. They’ll need to sit down with you and get as much information as you can give them about what happened. Don’t worry if you don’t remember exactly how the accident occurred. This is common, particularly in cases where the victim may have suffered a head injury.
If the attorney determines that you likely do have good cause to file a lawsuit and that they want to represent you, they will gather a great deal of evidence, including that which comes from their investigations into the scene of the accident. All of this evidence will be used to argue your case before a jury as convincingly as possible and, if you win, to help you get the largest possible jury award or settlement you can.
Call us for a FREE consultation at 713-771-5453
Handling Harassment and Lawsuits
Sometimes, you may end up suffering an injury that was the result of someone else’s negligence and the person responsible might start harassing you. It may be a driver who keeps calling you and asking you to accept cash in lieu of not suing them or it may be somebody who threatens you outright about filing a lawsuit. As is the case with any other aspect of a lawsuit, you need to speak with your attorney about these situations.
Don’t Talk
One of the most important things that any Houston personal injury attorney will tell you is that any communication related to your case should be handled through them. The defendant you’re going after may start trying to contact you or try to have their attorney or another representative contact you. Never take these communications. Refuse to say anything, hang up or walk away and contact your attorney right away and let them know what happened.
A personal injury attorney is there to represent your interests. They will do whatever they have to do that falls under the scope of their job to protect those interests. If this means having to deal with a situation where you are being harassed, they will most certainly know what to do to help you through it. Once you engage the services of an attorney, remember that it’s up to you to use them correctly.
Right After the Accident
One of the scariest times to go through after suffering a car accident or an accident with another type of vehicle is the first week or so that follows it. This will be the time when you’re not sure what you should do about it, and when you’re still assessing the damages you suffered. You may even be in the hospital from injuries that you suffered.
If you’re relatively certain from the start that it was negligence that led you to end up in this situation, you should start working with an attorney immediately. You don’t have to deal with the other driver or their insurance company at all if you don’t want to. Your attorney will handle all of this for you and, if you are already sure that you want to file a lawsuit over the matter, there’s no reason to not contact an attorney immediately. The period of time immediately following the accident is the one in which you are most likely to say something that goes against your interests out of anger or other emotions. Let an attorney handle this for you.
Tough Cases
Depending on who caused your accident, you may find yourself being intimidated by somebody’s wealth or power. Neither will impress your accident attorney. No matter how powerful somebody is, they are not above the law and an attorney knows it.
Contact an attorney for any difficult situation you find yourself in. Once you have one, follow their advice to the letter.
Call us for a FREE consultation at 713-771-5453
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