Recent Blog Posts
Have You Been Injured in An Accident Caused by a Rideshare Driver?
For Texans, clicking on a rideshare app to request a ride has become so easy and practical. However, unlike commercial vehicle drivers, Lyft or Uber drivers are not required to receive specialized training or obtain a commercial driver's license. So what happens if you are injured in a Lyft or Uber accident?
Proving Negligence in a Rideshare Accident
You will probably want to seek compensation from the driver who caused the accident and your injuries through a personal injury claim. This is usually done through the insurance company of the defendant. To have a successful case, you will need to prove the following elements:
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The driver of your rideshare or another driver on the road owed you a duty of care, which was to drive with caution and follow traffic laws while driving
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The driver breached this duty of care by taking negligent actions such as tailgating or speeding
Have You Suffered an Injury at a Construction Site Due to Equipment Failure?
Construction workers have one of the most dangerous jobs. In 2021 construction work was the industry with the most fatalities. The risks are numerous, from falling off a roof to being wounded while operating heavy machinery, and the potential injuries can be life-altering. If you or a loved one has sustained an injury while working at a construction site, third parties may be responsible for your injuries. At Alford Law PLLC, our San Antonio construction injury lawyers can help establish third-party liability so that you can recover the compensation you deserve.
Third Parties
In the construction industry, it is essential that all equipment be adequate for employees to perform their necessary tasks. The equipment should also be marked with safety features and warnings. A company that manufactures and distributes construction equipment may breach its duty of care if the tools or products are not properly designed or assembled. At Alford Law PLLC, we can determine if the best course is to pursue a third-party product liability claim against the manufacturer by conducting an investigation, gathering testimony from other employees, and looking into OSHA reports.
Who Can File a Wrongful Death Lawsuit Following a Car Accident in Texas?
At Alford Law PLLC, we know that no amount of money can replace the life of your loved one. However, when you suffer a devastating loss as a result of another person’s negligence, you may want to seek compensation. The unexpected death of your relative killed in a traffic accident will no doubt affect several members of the family. But the state of Texas limits who may sue for wrongful death in court. Although you can never be truly compensated for your loss, the attorneys at Alford Law PLLC, we are here to help.
Who Can File a Wrongful Death Claim?
A wrongful death is a death that could have been prevented if the party at fault had used an appropriate level of care regarding your family member’s safety. The Lone Star state established the Texas Wrongful Death Act, which allows certain family members to sue for damages when a relative is wrongfully killed. Under the law, the family members that can file a claim include the parents of the deceased, a spouse, and children of the deceased, whether they are biological or adopted. These family members do not have to each file a lawsuit individually. One person can bring a suit on behalf of those who qualify. These beneficiaries can file a claim for compensation for mental anguish and suffering too.
Texas 18-Wheeler Accidents: How Do You Know if You Have a Case?
The Lone Star State has 90,000 miles of public highways enabling the trucking industry to play a vital role in the state’s economy. Unfortunately, 117,300 large trucks were involved in accidents in 2021 resulting in injuries. That is a 12 percent increase from 2020 and 63 percent of those accidents occurred during the day. With so many people caught up in traffic, accidents with an 18-wheeler are bound to happen. At Alford Law PLLC, we understand that the effects of a serious injury quickly put a family at risk of financial ruin.
Causes of Truck Accidents
To establish liability for your injuries and damages, it is important to look for evidence that a trucking company may try to hide. Often truck drivers and trucking companies are to blame for the following reasons:
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Driver fatigue may have led the truck driver to violate regulations dictating the number of hours they should drive even though they may have felt drowsy.
Did You Suffer Injuries in a Truck Crash as a Result of Negligent Hiring Practices?
The number of fatal truck accidents is the highest in the state of Texas. In 2020, commercial truck crashes led to nearly 600 deaths. Texas accounts for nearly 13 percent of all fatal trucking accidents in the United States. Driving a commercial truck is not the same as driving a passenger car. These trucks carry a massive amount of weight and extensive training is needed to maneuver such vehicles. It is the responsibility of trucking companies to ensure not only that their fleet is safe to drive but that the drivers are fit for the job. If this is not the case, the trucking company could potentially be held liable for any accidents and injuries they cause.
Negligent Hiring
The practice of hiring commercial truck drivers is a big responsibility. Drivers must demonstrate they have a history of safe driving and are medically able to operate these massive vehicles. Failing to exercise reasonable care to hire a qualified and experienced truck driver should be penalized. Commercial truck drivers may seem qualified on paper but more needs to be done to ensure everyone is safe on the road. Truck driver candidates may have a commercial driver’s license or CDL and they may have carried loads of cargo for several companies. However, employers who are in a rush to get more drivers on the road may be deemed guilty of the following negligent hiring practices:
Have You Been Injured by an Amazon Delivery Van?
We have all seen Prime delivery vans speeding through neighborhoods, maneuvering around cars, and parking right smack in the middle of a road. Although most consumers value the fast delivery service, this is a convenience that may come with a risk for other motorists and pedestrians. In 2021, a study found that one in five Amazon delivery drivers suffered job-related injuries, many of which involved an accident on the road. If you or a loved one has been injured in an Amazon delivery accident you may be entitled to financial compensation for your injuries.
The Harsh Reality for Amazon Drivers
Any type of vehicle accident can lead to painful injuries, not to mention great financial losses. In instances when you are not responsible for the accident, you should not have to bear this heavy burden alone. The responsibility should lie on the driver who caused the accident. It is no secret that Amazon pressures its delivery drivers to make a mass amount of deliveries each day. While Amazon requires contracted delivery drivers to check their vehicles at the start of their shift, it has been reported by drivers that they are allegedly pressured to ignore vehicle damage and complete the inspections as quickly as possible in order to meet quotas.
Are you Considering a Lawsuit After Being Injured at Work?
Slips, trips, and falls in the United States are among the top three causes of accidents suffered at work. Injuries such as sprains and tears often lead Texans to take time off of work and have to pay costly medical bills. Most people think that the state workers’ compensation program will take care of everything but there are limitations. In Texas, private employers are not required to carry workers’ compensation insurance. So what are your options? Here we will explore third-party liability.
Who Can Be Liable for My Injuries?
In most states, if an employer subscribes to the state insurance fund employees are legally barred from suing the employer in civil court. You may receive benefits that may not fully cover your expenses. In some cases, you may be able to take legal action against other parties at the worksite who are partially responsible for your injuries. If you can demonstrate that a third party caused your injury at work, then you can file a personal injury lawsuit against that company or person to recover damages.
Did Falling Truck Cargo Cause Your Injuries? Multiple Parties May be Liable
Nearly 5,000 fatal crashes in the United States involve large trucks each year. It is no secret that a large truck has greater momentum especially when loaded with cargo. That alone can lead to a greater impact and drivers in smaller vehicles can suffer serious injuries. When truck accident injuries occur, the consequences can be serious. Financial costs quickly mount and you may be unsure who is responsible for your injuries. At Alford Law PLLC, we have represented clients in a variety of truck accident cases and understand the safety issues and forms of negligence that are often committed by truck companies. We will fight to try to ensure that you are properly compensated.
Weight Limits
There are weight limits for commercial vehicles to ensure that trucks are operated safely. Unfortunately, some companies violate these laws and overload the trucks. These practices are not only dangerous to the driver but to everyone else on the road.
Filing an Injury Claim After a Crash Caused by Inadequate Truck Maintenance
Semi-trucks, box trucks, flatbeds, dump trucks, and 18-wheelers are much larger than typical vehicles on the road. Consequently, the damage caused in a commercial truck accident is often severe. If you or someone you care about was hurt in an accident, it is important to explore your legal options. A truck accident injury claim may provide justice as well as financial compensation for vehicle damage, medical bills, pain and suffering, and other damages.
We often assume that the driver of a commercial vehicle is the one responsible for the crash. However, sometimes, problems with the vehicle itself are to blame for an accident. Commercial trucks are complex machines with thousands of moving parts. If trucks are not maintained properly, any number of malfunctions can occur, resulting in dangerous and potentially deadly accidents.
Crashes Caused by Irregular Maintenance and Repair of Commerical Trucks
Maintenance and repair issues can lead to serious accidents. Defective brakes, worn tires, steering mechanism defects, loose suspension components, and missing lights and mirrors are just a few of the problems that can cause catastrophic truck wrecks.
Filing a Texas Wrongful Death Claim for a Fatal Drunk Driving Accident
The National Highway Traffic Safety Administration estimates that drunk driving is responsible for approximately a third of all traffic fatalities. Just recently an 8-year-old girl was killed in an accident caused by a drunk driver in San Antonio.
If your loved one passed away in a crash caused by a drunk driver, this is not simply a statistic - it is your reality. Losing someone because of another person's irresponsible behavior behind the wheel is devastating. Many families grieving the loss of a loved one must also contend with massive medical bills and other financial losses as a result of the death. In Texas, a wrongful death claim may allow for the recovery of financial compensation for these losses.
What is a Wrongful Death?
Texas law defines wrongful death as “the death of an individual caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another.” If another driver's illegal actions or negligent driving caused the crash that took your loved one's life, you may be able to file a claim and recover damages.