In Texas, a personal injury is defined as any claim where someone is hurt by an intentional, reckless, or negligent act of another. Whether in a car crash, as a result of a product defect, a slip and fall at a grocery store or even a trucking crash. Most of the personal injury claims we see here in McAllen or Brownsville, Texas come, in general terms, from one person’s failure to exercise reasonable care, which results in negligence. At the Tijerina Legal Group our attorneys have years of experience investigating, handling, and representing people just like you, in claims where personal injury is involved. Our attorneys are able to navigate the legal framework by working with and understanding the laws associated with personal injury in the state of Texas.
What does personal injury claims include in Texas?
As discussed above, these types of claims in Texas can include, and are not limited to, slip and fall accidents, defective products, premises liability cases, and car accidents. For instance, in a car accident, if someone rear ends you when you’re stopped, under Texas law, they are said to have failed to stop, leading to the crash and any damages or injuries resulting from it. When you hire our law firm, one of our personal injury attorneys will conduct a thorough investigation to identify any negligence involved, whether by the person or business.
As your attorney, we will work to gather evidence that shows that the defendant owed you a duty of care and that they failed to meet that duty. We will also work to show that this failure resulted in your injury or injuries. Finally, we will work to prove that had they followed the rules, then you would not have been injured. Once we have those elements in place, we must then show what losses you suffered as a result of these injuries, including loss of income, any pain and suffering, such as inability to comfortably sleep at night, or even needing a surgery to treat your pain.
How to Find the Best Personal Accident Attorney for You
A personal injury attorney from Tijerina Legal Group can help you succeed in getting the compensation you deserve for your injuries and/or losses due to an accident in McAllen and Brownsville, Texas. You can rest assured that we will work aggressively on your behalf, against the insurance companies, working to get you a recovery from your accident. To learn more about what steps to take after a personal injury in McAllen, Texas, call us at (956) 777-7777 today. You don’t have to worry about paying us up front. Also, you can rest at peace knowing that there are no legal fees unless you win. That’s T, No fee, Guarantee.
How do you determine if you have a personal injury case?
Under Texas law, there are many categories of personal injury damages that allow an individual or multiple individuals to initiate a lawsuit. For example, wrongful death, medical malpractice, slip or trip and fall, lack of security, work-related injuries, boating accidents, and auto accidents. If another party contributes to the injury of a person in any way — directly or indirectly, they may be at least partially liable for those injuries. This is the basic premise of a personal injury claim.
Obviously, there are times when it is difficult to tell who or what may have caused an incident that led to injuries.This is when thorough investigation of all the facts of the incident must be done.Skilled personal injury attorneys know how to uncover details and leave no stone unturned.Injury cases are not easy to pursue in most cases.And so, an injury attorney must be adept at finding hidden facts and extracting information from unlikely or unwilling sources.
The first thing that many people ask is, will I need to go to trial?The truth is, in Texas and anywhere in America, the majority of personal injury claims are handled through settlement.Trials are very costly and time-consuming. Both sides of an injury lawsuit are motivated to resolve the case without going to trial.There are advantages and disadvantages of going through the legal trial process.
Sometimes, the plaintiff in the case may question why their injury attorney is pushing for a settlement.Why don’t we take this case to trial?Can’t you potentially get more compensation from a trial? Well, the truth is, trials are risky. Our McAllen, Texas injury firm shares with you here: the differences between settlement and trial.
Benefits of Settlement
It’s less risky than heading to court (you could lose and get zero)
It’s less expensive (less time on the part of the attorney/law firm)
It’s less time consuming and can happen faster, whereas trials can drag out over a year or more
It’s not as hard on the plaintiff and their loved ones – not as emotionally and physically draining as a trial in court
Get your life back to normal sooner/ Move on sooner
As you can see, a settlement is a sure thing – money in hand.And if a trial outcome is uncertain, your injury attorneys will recommend accepting a reasonable settlement.
It typically takes a year, or longer for a court date to be set for a trial.So if you are holding out for that, it means waiting longer to be compensated for your expenses, which may still be ongoing.Now consider that juries are individuals, with their own thought processes and belief systems.What seems obvious to you, or fair to you, may not be obvious or fair to them.You can choose to go to trial and risk LOSING.
Now, if your case is worth millions and your settlement offer is $650,000, then your injury attorney may decide that the trial is the only way to go.
A skilled injury lawyer evaluates each case
Obviously, your personal injury attorney wants to be successful.He or she wins when you win.So your lawyer will review all the details of your settlement with you and guide you in deciding whether accepting the amount is the right decision.Often, injury attorneys counter the settlement offer with an offer you WOULD accept, when the defendant’s offer is too low.
It pays to ask your injury attorney questions at the beginning of your case, to get their thoughts on potential settlement.Note that sometimes, even the most experienced lawyers sometimes call on outside help, by consulting mediators or facilitators to help resolve a settlement.When all attempts at mediation and settlement fail, then an injury case goes to trial.
Benefits of a Trial
Possibility of receiving a higher/the highest possible amount for your claim
A chance to document all details of your claim (for the record)
The ability to appeal the decision
As you can see, wise legal counsel is critical in any type of wrongful death, auto accident, or injury claim.Tijerina Law Firm serves Mcallen and Brownsville, Texas, helping the injured seek justice and compensation. We welcome all inquiries and offer free case evaluations.
A personal injury case is not a quick and simple process. Some cases are more easily handled and settled than others, but if you or a loved one has been injured, then it is best to know what to expect. You must understand that you will be involved in the case for quite a while. A personal injury/auto accident case follows certain steps, which we outline below.
Seek Treatment and Collect Evidence
As soon as you have been injured in any type of incident or car accident, you should seek medical treatment. Your injuries should be evaluated by a professional doctor and the injuries must be recorded. This is to your advantage, should you need to pursue a personal injury lawsuit. It’s also very important that you write down everything you remember about the incident or situation that led to your injury (or your loved one’s injuries.) From the beginning, you should always record everything associated with the accident and injuries, and keep records of all medical bills, lost work, medications needed, etc.
Meet with an Attorney – Free Initial Consultation
You may be wondering if you have a case, or if you should accept the amount that the insurance company is offering to you? This is exactly the time to speak to an experienced personal injury attorney and take advantage of a free consultation. Your injury attorney will be able to evaluate your accident or situation and determine the likelihood of reaching a fair settlement. He or she will also consider the possibility of your case going to trial in a court of law.
The attorney will advise you on how the case merits possible financial compensation and possible trial or litigation length. The attorney will also advise you on how to proceed. Keep in mind that any and all evidence that you collected will help the attorney assess your personal injury case.
Initial Court Papers
Once you’ve selected a personal injury attorney to help you, he or she will explain the paperwork that is involved. This initial paperwork officially launches your lawsuit. The first papers filed in a case are called pleadings. There can be even more papers involved with this process, however all cases will – at the minimum – include the documents we name here. You will first have to fill out a Complaint/Petition, which gives a basic premise of what took place at the accident, or it describes the situation that caused the illness or injury.
A document called the Summons and Service of Process will be sent to the defendant. It notifies them that the case is being filed. The defendant then responds to the summons, which is called the Answer. This answer influences how the rest of your case will go, because it requires the defendant to make one of these responses: admit, deny, or having insufficient knowledge to admit or deny.”
The facts brought by the plaintiff and the defendant that are sent to each other are the discovery phase of the case. This is when medical records, personal information, extent of injuries, any long term side effects, and any other related materials are exchanged. Written questions and answers from the injured party and witnesses are also placed on record. It is always best to give all information to your injury attorney and not withhold any details.
Despite what you see on television, very few cases actually go to trial. The majority of personal injury claims involve communications back and forth between the plaintiff and defendant. Information is requested and shared over many months or even years. And then these cases are settled, with a settlement offer being made from the insurance company to the injured party. Your attorney will advise you whether, in his or her professional opinion, the settlement is fair. Your attorney will either encourage you to accept the settlement or keep fighting to achieve a fair and just amount.
In cases where no settlement is offered or the settlement is considered not acceptable, the plaintiff’s attorney will file for court proceedings. Keep in mind that it can take many months sometimes even a year or more, before your trial comes in front of a jury. At trial, your attorney will present your case, while the defense will attempt to keep any payout to a minimum. The defendant may deny all responsibility. This is when the experience and abilities of your injury attorney are essential. The trial will go in the following order: jury selection, opening statements by the plaintiff and defendant, plaintiff presentation of facts, defendant presentation of facts, closing statements, jury deliberation, and finally the verdict.
Unfortunately, injuries can be caused by someone else’s negligence or recklessness. Our injury law firm in McAllen, Texas sees all types of auto accident cases as well as slip and fall cases and job related injuries. It’s always wise to speak to an injury attorney before speaking with insurance companies.
They can be minor, serious, or even deadly.As parents, grandparents, aunts and uncles, neighbors and friends of children and teenagers — it is up to us to do everything we can to protect them from injury and harm.This means both inside and outside of the home.Here we share some important things to always consider when children are involved.
Chemicals are all over your house — on cabinets, cupboards, closets and drawers.Some of them if ingested or inhaled would do nothing more than cause some slight discomfort.But others can seriously harm a child or even cause death.Over 2 million children under age 15 experience accidents around their home each year — accidents that bring them to hospitals, emergency rooms and clinics for treatment.Forty percent of these children are under age 5.
These accidents involve not only ingestion of chemicals and poisons but also falls and burns. Smaller children tend to fall a lot and they are also more likely to get burned.
To avoid these common household injuries, adults must be cautious by keeping chemicals and cleaning products under lock and key or in a place that is completely inaccessible to young children.
The same care must be practiced whenever adults are cooking or baking.In just a second a child can open an oven door, touch a hot burner, or reach for the handle of a boiling pan; dumping the liquid onto him or herself.
Keeping the floors clear of tripping hazards and not allowing children to play on stairs helps to avoid falls.Accidents are preventable if we pay close attention to kids and keep them away from potentially dangerous situations.
It is recorded that most of these accidents happen whenever people are in a hurry, distracted, or they are not on their normal routine. Be especially careful if you are visiting someone, are in a new home or environment.
Now let’s talk about another favorite childhood pastime — bicycling.
Between 60% and 70% of all bicycle injuries and deaths happen to cyclists who are under 25 years old and sadly, between 500 to 1000 bicyclists are killed in the US each year by being hit by a motor vehicle.Typically, the driver just does not see the cyclist.
Children are less likely to be highly aware of their surroundings when they are riding bikes.This is why they should be supervised when doing so. From the very beginning, children should be taught to always look and listen for approaching cars or other moving vehicles.They should always ride in highly visible areas and be warned about corners or coming out of driveways.Educating children and teens about riding bikes goes a long way in preventing accidents and keeping them safe.
Overall, it’s important to remember that children do not have the same ability to assess the situation or the awareness of dangers, as an adult.Children need adequate supervision along with continuous education about the risk of accidents. Attention to detail in your home — the arrangement of your furniture, picking things up off the floor — all of these things play a role in child safety.Heavy items should never be placed on top of a chest of drawers or table that a child could potentially pull over onto themselves by climbing onto it.
As injury attorneys serving McAllen, Texas and surrounding areas, we seek to educate the community about safety issues. As a community, we must do everything we can to prevent injuries to children.
You’ve probably heard the phrase “Class Action Lawsuit” on the news and in the media, but most people don’t have a clear understanding of them and how they can protect your rights.
By definition a Class Action Lawsuit is…
Charges advanced in a court by one or more plaintiffs on behalf of a large group of others who have a common interest.
There have been class-action cases that changed history. Most people are aware of civil action lawsuits as seen in the movies Erin Brokovich and A Civil Action. These are cases where a group of people – for example, the residents of a small town or workers in a certain plant – are suing a large company in a civil action that is also a class-action.
There have been Supreme Court decisions that originated as civil lawsuits; in the state of Tennessee versus John Thomas Scopes, a Tennessee law was challenged. This law made it unlawful to deny “divine creation” (Adam and Eve) and teach the theory of evolution. This law was called the Butler Act. Scopes was a biology teacher who, encouraged by the American civil liberties Union, agreed to teach evolution to his classes. Many subsequent civil action lawsuits followed and the Butler Act was eventually repealed in Tennessee in 1967.
Another notable case involved a massive civil settlement of $333 million in 1996. The case was brought by the residents of a California town called Hinkley. Pacific Gas and Electric Company was found to have knowingly dumped wastewater into the ground in this area. This wastewater contained chromium 6 — a known carcinogen. Interestingly, a new class-action was filed in 2011 because it was found that the chromium had been spreading, and in the end, Pacific Gas and Electric Company purchased some of the homes and properties in the town.
Another interesting case that affected US history is the Lois E Jensen versus Eveleth Taconite Company. This lawsuit was brought in 1988 and was the first sexual harassment class action suit in America. Lois Jensen along with 14 other female coworkers employed by the Taconite EVTAC mine in Minnesota presented that they were subjected to intimidation and extreme physical harassment from male coworkers and also supervisors of the mine.
The attorneys with the mining company managed to delay the case for a decade but the day before the jury trial was to take place, they settled and provided monetary damages to the group of women.
An example of a very large sum class-action was the Nortel Networks case that was settled in 2006. This class-action lawsuit was brought by investors who held stock in Nortel Networks, which at the time was a major supplier of fiber-optic equipment to new, up-and-coming Internet companies. You may remember the Internet bust – when that happened, sales drastically declined. The company created fake accounting entries that showed equipment sales that were not actually happening. This was uncovered and investors won their lawsuit to the tune of 2.4 billion.
Another big time class-action was settled in 2005 for the amount of $2.5 billion. This one also involved investors. Those who invested in AOL Time Warner stock brought the suit alleging that Time Warner had falsely shown revenue generation. What the company was doing was moving money around between accounts in the form of advertising transactions over a period of four years. They were designed to look like income when in reality it was just money shifting from one area to another. These false earning statements constituted fraud and the investors won their class-action lawsuit.
These types of cases are fascinating and we will share more of them in an upcoming article. As your McAllen personal injury attorney, we represent victims of big company negligence and recklessness. Call Tijerina Legal Group to discuss your class action lawsuit.
You’re cruising on your morning commute when suddenly; a car appears out of nowhere and swerves right in front of you.You slam on your brakes and yank your steering wheel to the side but then you hear that sickening crunch as you’re jolted forward. Both vehicles come to a stop.You’re shaken and your heart is racing, and you’ve just been in an Auto Accident.
As skilled injury attorneys serving McAllen Texas, Brownsville Texas, and the surrounding areas, we see our share of auto accident victims.We think it’s important to occasionally remind the friends of our firm, what they should do when they are in an accident.This directly affects the outcome of their insurance claim and potential lawsuit.You not only need to know what steps to take for safety and for your own well-being, but also what steps to take to improve your chances of a successful insurance claim.
We of course hope that you will never be in an automobile accident. But motorcycle accidents, truck accidents, car and scooter crashes and SUV rollovers unfortunately happen every day.Let’s pretend it just happened to you, and review our Do’s and Don’ts of after an Auto Accident.
1. Check yourself for injuries and make sure you are not bleeding anywhere. If you are, try to wrap or cover the bleeding area immediately. If you have passengers in the vehicle with you, you should check them for injuries as well.
2. Quickly scan the vehicle for any dangerous signs like sparks, flames or leaking liquids. You may need to exit the vehicle very quickly. If you cannot open a door try the other doors or get a window down.
Safety Tip: It is wise to keep something in your car that you can break a window with should you ever be unable to get a window down.
3.If anyone in either vehicle is injured, an ambulance should be called immediately. No matter how small the damages to your car(s), the police should be called also. The police report is necessary if you are going to pursue any claim. Pain and injuries can show up a day or even several days after an accident.
4. Record the information from the other driver — their name, license tag number, address and insurance company. If they flee the scene, call the police immediately and the police will attempt to apprehend them.
5. Whoever is able, should take pictures of the scene right away.Include the position of all the vehicles and any debris or items around you that could have contributed to or affected the outcome of the accident. Do not move your vehicle and ask the other parties not to move their vehicle either.(Unless your accident was simply a very light fender bender, or if your vehicle is posing a hazard to other drivers.)
If you are injured and unable to stand up/move around and take pictures, ask a bystander or spectator if they would take pictures for you.
6. If you are capable, immediately take notes about what happened. Estimate the speeds of both vehicles and note any conditions or situations at the scene of the accident such as debris on the road, a malfunctioning traffic light, a speeding driver, construction, etc. Anything you can think of should be noted. Insignificant details can become important later. When the police speak to you, be honest and forthcoming. It is in your best interest.
1. Don’t speak to the other driver or any of the passengers in the other vehicle, unless it is to obtain their personal contact, license, tag, and insurance information. Speak only to the police officer who arrives on the scene.
2. Don’t agree to settle the dispute privately, chances are that you’ll regret this later.Our attorneys have seen time and time again; accident victims come to our law firm and wish to pursue a claim after the other party failed to cooperate or failed to pay them the amount of money on which they agreed.
3. Don’t make a recorded statement with an insurance company.From the scene or immediately after you leave the scene, you should contact your auto insurance company.The insurance representative will attempt to have you record a statement to wrap things up quickly. They want to document a binding record of events and injuries before you even know the whole story. Don’t let this happen to you. We have seen physical conditions develop days or even weeks after an accident.
You need to assess injuries and damages before you agree to anything, and the mental stress you are experiencing may affect your ability to give a proper statement of events.
4. Don’t sign any documents for the insurance company or accept any payments.You may not be aware your rights, and speaking to a personal injury attorney can help your case.
In the weeks and months after the accident, keep all receipts and record all activity pertaining to the accident. Make sure you keep all of your medical records and all paperwork from every doctor visit or other practitioner visits such as chiropractors, physical therapists, massage therapists, MRIs, etc.
Do: Check yourself for injuries.
Do: Scan the vehicle for any signs you may be in further danger.
Do: Call an ambulance if anyone in either vehicle is injured.
Do: Record the information from the other driver.
Do: Take pictures of the scene right away (whoever is able.)
Do: Take notes about what happened.
Don’t: Don’t speak to the other driver or any of the passengers in the other vehicle (unless it is to record the identifying information you need for insurance.)
Don’t: Don’t agree to settle the dispute privately.
Don’t: Don’t make a recorded statement with an insurance company.
Don’t: Don’t sign any documents for the insurance company or accept any payments.
Always wear your seat belts and always keep your auto insurance paid and up to date. It is extremely wise to carry uninsured motorist coverage because many accidents happen with the other driver had no or insufficient coverage. Our McAllen injury attorneys welcome your questions at any time.
When a customer visits a local bar, they are accountable for their own actions. If driving, that means understanding their limitations and following the law by making sure that they never get behind the wheel while intoxicated or impaired.
The state of Texas expects anyone with a driver’s license to act responsibly, but establishments can also be responsible for damages when they serve alcohol to drunken drivers. In most states, bars or restaurants are required serve their guests responsibly. They must watch customer behavior to make sure they are not becoming intoxicated. When a drunken guest leaves a bar and tries to drive, the seller must help them find another way home. If the guest still drives away, the sellers call the police to tell them that the guest is driving drunk. Texas personal injury lawyers consider these requirements when a victim is injured by a drunk driver, who was over-served at a bar or restaurant.
The Texas Dram Shop Act
If a drunk driver causes damages or injuries, a Texas personal injury lawyer may be able to hold a bar or restaurant responsible by utilizing the Texas Dram Shop Act of 1987. This act means that courts hold alcohol sellers liable for accidents that resulted, at least in part, because of the over-service of alcohol.
The act states that a server of alcohol may be liable in a drunken driving accident case if:
• The seller provided alcohol after it was clear that the patron was intoxicated;
• The seller continued to provide alcohol even after it was evident the patron posed a danger;
• The intoxication of the patron is what caused the accident and injuries.
The Texas Dram Shop Act also protects passengers inside the vehicle with the drunken driver, and pedestrians struck by the driver’s vehicle. Basically, the Dram Shop Act holds the bar or restaurant responsible, when they continue to serve alcohol to a person that was drunk and did not make sure that the guest got home safely.
Restaurants are required to serve alcohol responsibly.
A bar or it’s employees may face criminal charges.
They could also lose their ability to serve alcohol. When a bar is associated with a drunken driving incident, the Texas Alcoholic Beverage Commission investigates to determine if there is any reason to take away the beer/wine or liquor permit.
A McAllen or Brownsville personal injury lawyer builds evidence after a drunken driving incident. An attorney interviews witnesses that can testify to the defendant’s behavior.
Texas personal injury attorneys investigate any and all evidence that will show that the driver was intoxicated. For example, the driver’s Blood Alcohol Content is taken by police after the incident, and used as evidence. They also find videos that show the driver slurring, staggering while walking, or showing other signs of being drunk. Especially if the bar or restaurant continued to serve them alcohol.
Hiring A Texas Personal Injury Lawyer
Those injured in a motor vehicle accident that involved a drunken driver in McAllen or Brownsville, Texas should contact Tijerina Law Group P.C. as soon as possible.
Our attorneys determine if the Texas Dram Shop Act applies, and work to make sure that the drunken driver is held responsible for injuries caused by their actions. Whether or not the bar or restaurant can be held liable, driver must be held accountable for their reckless behavior. The driver and/or alcohol seller may be required to pay compensation to all victims.
Contact Tijerina Legal Group, P.C. by calling 956-777-7777 or complete an online contact form to speak with a Tijerina personal injury team member for your McAllen or Brownsville, Texas Personal Injury case.
Man Dies After Elevator Accident At DFW International Airport
On September 1, 2016, NBC reported that a construction worker died after he fell into an elevator shaft at DFW International Airport.
The victim was a 55-year old construction subcontractor working at Terminal A at the airport. The area was walled off for remodeling.
The man did not die at the scene; instead, he was transported to a nearby hospital where he passed away due to his injury. The airport has since ceased construction pending an investigation of the accident.
While the reason for the man’s fall is unknown, this incident highlights a common issue seen on construction sites: fatal falls.
Falls Are Still Considered The Leading Cause Construction Site Deaths
According to OSHA, falls are the leading cause of death within the construction industry.
They state that in 2013 alone, there were 291 deaths. Sadly, these deaths are preventable and often attributed to incorrect safety procedures, negligent workers, or inadequate training.
Understanding How Work-Related Injuries Are Treated In Texas
Work-related injuries, regardless of fault, typically fall under workers’ compensation. In the state of Texas, workers’ compensation is state-regulated and provides coverage for injured employees.
Under the Texas Workers’ Compensation Act, Title 5, Subtitle A, injured employees are entitled to compensation for medical bills and a portion of their lost wages.
Not all work injuries qualify for workers’ compensation, but if an employee receives workers’ compensation benefits, they do not have the right to sue their employer.
Employers do have a level of protection against lawsuits, but this protection only extends so far. For example, when the work-related injury results in death, there may be additional options for loved ones to recover their financial losses. Family members would need to consult with a McAllen personal injury attorney to determine the right actions to take based on the situation.
Filing Third Party Lawsuits In The State Of Texas
Workers’ compensation does carry death benefits. According to the Texas Department of Insurance, death benefits may be paid to any legal beneficiaries for the loss of a loved one due to a work-related injury.
Surviving family members may also receive compensation up to $10,000 to cover applicable burial costs.
Sometimes, there is a third party that may be liable for work-related injuries or deaths – and these parties do not have the same protections as employers.
For example, in the case of the construction worker that fell into the elevator shaft, the death could be attributed to a defective safety harnesses, poor maintenance, or other faulty equipment. In this instance, the manufacturer, distributor, or even the company responsible for maintaining the safety equipment could be held liable for the injuries or wrongful death that occurred because of the defect.
Also, surviving family members may be able to file a lawsuit through a personal injury lawyer if the worker’s employer was grossly negligent. That means if the employer knew there was a potential for injury and ignored it, the deceased’s family can sue them.
Texas law does have strict limitations as to which surviving family members can file a wrongful death lawsuit; therefore, a personal injury attorney must be consulted. For example, in the state of Texas, surviving siblings cannot file a lawsuit for the loss of their sibling (see Texas Statute Section 71.001).
Finding Help For A Work-Related Injury From A McAllen Personal Injury Attorney
If you are the victim of a work-related injury, or you have lost a loved one due to a work-related accident, a McAllen personal injury attorney can help. Speak with Tijerina Legal Group today to explore your options. Our team can assist you with requesting workers’ compensation benefits, or if applicable, filing a lawsuit against a negligent third party.
Schedule a complimentary consultation now with your McAllen personal injury attorney at 956-777-7777 or contact our staff online.Read More
A 28-year old McAllen man passed away in the hospital soon after his sports car flew off the highway one afternoon in San Juan. Police estimate the speed of the car to have been 100 m.p.h. and suspect that the driver was taking inhalants at the time of the accident.
The driver was ejected from his vehicle’s back windshield after the vehicle hit the guardrail, rolled over, and then crashed into a palm tree. Witnesses saw the man fly out from the car and land on a nearby grassy area, according to an article by Kristian Hernandez of The Monitor.
Inside the vehicle where inhalants and whippets paraphernalia (N2O cartridges also known as “whippets” in street slang), which led the police to believe that the man was under the influence at the time of the crash. Ultimately, speed and possible driving under the influence were the reasons for the tragic accident.
First responders found the man unresponsive, and the hospital declared him dead. He was not wearing a seatbelt and there were no other passengers in the vehicle at the time of the incident.
However, for a person to be guilty of a DUI-DWI, there must be proof that the inhalant was hampering the individual’s ability to drive.
Had the driver struck any other vehicles or pedestrians at the time of the accident, a McAllen personal injury attorney would have been able to hold him (or his estate) liable for the injuries or deaths that he would have caused.
In this instance, it was a single vehicle crash, and no other victims reported.
While there is no liability for this particular accident (or further injuries), it does bring up the issue of reckless behavior and how it plays a role in a motor vehicle accident claim with a McAllen personal injury lawyer.
Reckless Behavior And Motor Vehicle Accidents
Texas Transportation Code Chapter 545 defines the proper use of a motor vehicle, including proper passing, speed, etc. Reckless driving is a criminal offense under Section 545.401. If a reckless driver were to cause an accident, they could be held criminally and civilly liable for the injuries and damages associated with that accident.
Furthermore, reckless driving opens the door to punitive damages for a personal injury attorney. Therefore, an injured party would not only receive compensatory damages (i.e. medical costs, lost wages, pain, and suffering), but their McAllen personal injury attorney may seek punitive damages too.
Finding Help from a McAllen Personal Injury Lawyer
If you are the victim of a motor vehicle accident – whether a reckless or drunk driver is to blame or not – contact an attorney right away. Tijerina Legal Group is here to work as your accident advocate. Our team will ensure you receive the compensation for your damages and hold those responsible answerable for their actions.
Schedule a complimentary consultation now with a McAllen personal injury lawyer at 956-777-7777 or contact our staff online.
Area schools are now in session again, which means drivers and pedestrians alike must be more cautious on the road. To help avoid any accidents, here are a few seasonal things to watch out for that you may not have considered:
Driver’s Ed, Student Drivers, and Learning Permits
A new crop of teenagers just turned 15 over the summer, making them eligible for driver’s education classes and the state’s minor restricted driver’s license. New drivers have strict rules, and tend to be cautious, but mistakes can happen. Forgetting to complete a mirror check, glancing down at the speedometer too many times, and reaching out for a drink can all lead to fender-benders and more.
Heavy Pedestrian Traffic
When school is in session, there are certain times of day when there are more cars on the road, and also more pedestrians on the sidewalks. Drivers may become distracted while looking at those who are walking or jogging along, or they may miss seeing them in a crosswalk while completing a turn. Either way, increased pedestrian traffic, especially of children, can lead to an uptick in auto accidents.
College Students and Their Driving Records
College students from different states and countries return to the city each fall, bringing with them their unique sets of driving skills. The result is a mix of defensive and offensive drivers, who will react differently to situations on the road. In addition, these students may not know the city’s 2011 ordinance that established a ban on text messaging while driving.
Wrecks That Interrupt Work Sites
Late summer is still construction season, which means that there are countless workers out and about every day. Construction zones, renovation sites, and businesses with street-side storefronts can all be affected by those on the road. Anyone injured on the job may be eligible for additional compensation, particularly if the site or business’s negligence played a role in the accident. For example, improper signs or barriers can contribute to wrecks, regardless of whether the driver was paying full attention to the road.
If an accident does occur for any of the reasons above, do not hesitate to hire a McAllen personal injury lawyer to navigate the fault and insurance process for you.
How to Find Help When You Need It
Were you involved in an accident involving a distracted driver? Tijerina Legal Group is here to help. Humberto Tijerina III is an expert McAllen personal injury lawyer, with the knowledge and skill to get you the compensation you deserve. For a complimentary consultation, contact our staff online or by calling (956) 972-0141 today.