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Recent Blog Posts
Shifting and Unsecured Truck Loads Can Cause Tragic Road Fatalities
While large delivery trucks, construction supply trucks, and 18-wheeler big rigs are essential for helping our economies and communities get things done, these large vehicles carry objects that can cause life-changing injuries and fatalities when they fall off the truck into the road. One of the most common causes of truck accidents in Texas is shifting loads that cause a truck to lose balance, roll over, jackknife, or spill its content into the road. Cars driving next to and behind a truck can be crushed by falling objects, may run into the objects on the road, or may swerve to avoid falling objects and run into other cars and stationary objects on the side of the road.
The Dangers of Drowsy Truck Drivers
It is highly inadvisable for anyone to drive any vehicle while exhausted. Being sleepy can impair a driver’s ability to safely operate a vehicle as much as being drunk can. Recognizing the dangers of drowsy driving, the Federal Motor Carrier Safety Administration set out a series of strict rules called Hours of Service regulations that are designed to prevent commercial truck drivers from driving after long periods of being awake. People - even professional commercial truck drivers - can only drive for so long before they begin to experience “highway hypnosis” and extreme fatigue that can lead to a crash in the blink of an eye. If you have been hit by a semi-truck and need compensation, one of the first things our attorneys will look for is whether there may have been an Hours of Service violation.
What You Need to Know About Truck Driver Fatigue
Truck drivers must be alert and aware while operating an enormous vehicle that can inflict severe harm on others in the event of a crash. Fatigued driving is negligent driving. If a truck driver’s negligent driving causes a crash in which someone else is injured or killed, the driver or the trucking company may be liable for damages.
Can I File a Wrongful Death Lawsuit in Texas?
Losing a loved one can be devastating under any circumstances. It is even more upsetting when someone’s negligent or purposeful actions cause a loved one’s death.
If you lost a family member, you may be able to file a wrongful death lawsuit against the party who caused the death. While no amount of money can replace your deceased loved one, filing a wrongful death suit can force the liable party to compensate you for a wide variety of losses, ranging from the decedent’s lost income to your emotional pain. One of our compassionate attorneys can help you decide whether pursuing a wrongful death claim will be possible or helpful for you.
What is a Wrongful Death?
A wrongful death is one that could have been prevented had the responsible party been using an appropriate level of caution regarding your family member’s safety. Some wrongful deaths are also caused by intentional actions such as assault. Grounds for filing a wrongful death lawsuit may include:
Can I Make A Claim For A Crash During A Winter Storm?
Texas just experienced historic inclement weather, causing plenty of problems for nearly all of us. From rolling blackouts to boiling-water notices, Texans were forced into an unprecedented situation. Many drivers had to brave icy roads to ensure there was food on the table, water for their family, and heat to stay warm. Procuring supplies meant Texans were forced to drive when they normally would not have. As a result, car wrecks were commonplace. Was this the inevitable result of icy roads? Is getting injured in a car wreck a risk you accepted by leaving your home during a snowstorm? The answer to both questions is no.
In this type of situation, people normally think that the fault lies with the weather conditions. Insurance companies are counting on this, but that view is just plain wrong. In fact, the Texas Department of Public Safety specifically states that drivers need to adjust their speed and following distance for adverse weather conditions. Typically, you are supposed to keep a four second gap between your vehicle and the vehicle in front of you when driving faster than 30 miles per hour with good road conditions. This means that when Texas experiences historic weather and icy roads, drivers must increase that four second following distance. Failing to do so could result in a car wreck. Failing to do so is not just an accident – it is negligence. And if you, your friends, or your family were injured as a result of another driver who did not adjust their driving to the icy roads, you are entitled to compensation from that driver’s insurance company.
How Long Do You Have To File A Wrongful Death Lawsuit In Texas?
Under Texas law, a person has two years from the date of death to file a wrongful death lawsuit in Texas. In the tragic event of the loss of a loved one in an accident, it can be hard to know how to move forward. Untimely deaths disrupt every aspect of the lives of surviving loved ones. When faced with an untimely accidental death, a victim’s loved ones may be able to file a wrongful death claim for damages brought on by the loss of life.
Wrongful death generally applies to any loss of life resulting from the negligent or malicious actions of another party. These claims can range from death caused by negligence such as a car accident or medical malpractice, to intentional harm such as death resulting from assault or manslaughter.
Wrongful death lawsuits usually differ from workplace death claims which are typically covered under workers’ compensation insurance policies that prohibit an employee from suing their employer for injuries or death on the job. An experienced San Antonio wrongful death attorney will be able to advise you if an exception applies that will allow the surviving family to sue the decedent’s employer for its gross negligence.
Attorney Will Clark Named To The 2018 Thomson Reuters Texas Super Lawyers Rising Stars List
Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.The annual selections are made using a patented multiphase process that includes:
- Peer nominations
- Independent research by Super Lawyers
- Evaluations from a highly credentialed panel of attorneys
Please join us in congratulating Will Clark on his selection.
And as always, if you or a loved one have been injured in an accident, call Alford & Clark now for a free, confidential consultation. Our attorneys are on call – 24/7 – and are happy to answer any questions absolutely free of charge. You can find Alford & Clark online at www.injuredtexan.com or you can speak with an injury attorney now by calling 210-951-9467 .
Sample Hurricane Harvey Notice Of Claim Letter
[Date – on or before August 31, 2017]
RE: Notice of Claim under Policy # [Policy Number]
To Whom It May Concern,
Pursuant to the terms of my [Insurance Carrier] policy, I am providing this written notice of claim for my losses sustained during Hurricane Harvey. Please contact me as soon as possible to arrange an inspection of my property at a mutually agreeable time.
Sincerely,
_________________________
[Name]
[Address of Damaged Property]
[City, State, Zip]
[Phone Number]
[Policy Number]
Private Prison Lawyers Fight Against Abuses At For-profit Jail In Beaumont, Texas.
After Hurricanes, Hail Damage, Or Extreme Flooding, Will Homeowners Insurance Be Enough To Help My Family Fully Recover?
If the insurance company unfairly denies or delays payment on your claim, count on Alford & Clark PLLC to help after disaster strikes.
There are two very different types of homeowners insurance policies sold in Texas:
- Named perils policies cover only the damage caused by events and occurrences specifically named in the policy.
- All-risk policies (comprehensive coverage) cover all causes of loss unless the policy specifically excludes them. This type of policy offers much broader coverage than the named perils policy.
Reports Of Exploding Smartphones May Expose Samsung To A Surge Of Injury Lawsuits.
The trial attorneys at Alford & Clark evaluate Samsung’s exposure under Texas products liability laws.
Over this past weekend, Samsung advised all owners of its Note 7 smartphone to power down their devices and immediately exchange them. This warning comes after a flood of complaints regarding battery overheating issues that may lead to fires.
With reports of Jeep being set ablaze by a Note 7 and a six-year-old Brooklyn boy being injured when a Samsung Galaxy smartphone allegedly exploded in his hands, readers may be wondering what, if any, legal liability the electronics manufacturer may face from these apparently dangerous devices.
Products liability cases in Texas generally fall into three categories: (1) manufacturing defects, (2) design defects, or (3) marketing defects. Depending on the evidence, a particular case could feature any combination of these defects or even all three at the same time.
Alford & Clark Injury Attorneys has offices in San Antonio, Austin, Houston, Corpus Christi, and Dallas, and we represent clients in Bexar County, Selma, Schertz, Live Oak, Converse, Kirby, Travis County, Round Rock, Pflugerville, Harris County, Bellaire, West University Place, Spring Valley Village, Nueces County, Portland, Port Aransas, Robstown, Dallas County, Tarrant County, Fort Worth, Irving, Garland, Arlington, Mesquite, Grand Prairie, and throughout all of the state of Texas.
Results listed are not a guarantee or indication of future case results.
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