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Jul 13, 2021

Can I Sue for Being Hit by a Semi Truck?

The American economy runs on the semi trucks we use to transport goods and cargo to destinations across the country. Unfortunately, when semis are involved in collisions with other vehicles, the results can be devastating. https://www.youtube.com/watch?v=J0MT3CKbUb4 What do you do if you get hit by an 18 wheeler? If you get hit by an 18 wheeler, the first thing you should do is make sure you are in a safe location and won’t be hit again. Then, take the following steps: Call the local law enforcement to file an accident report. In Texas, you are legally required to immediately inform the police if you are involved in a crash that results in injury, death, or damage to a vehicle to the extent that it cannot be normally and safely driven.Seek medical attention immediately. If you think you are injured,  even slightly, agree to take an ambulance from the scene.If you can safely do so, take photos of the semi truck and other vehicles involved, the location of the crash, and any road conditions that may have played a role in the accident.Record the truck driver’s name, as well as their contact and insurance information.Record the names and contact info for any witnesses.Record the name of the trucking company that hired the semi driver and any information they will give you about their recent trips, stops, or maintenance.Contact a semi truck accident attorney as soon as possible. Do semi truck accidents go to trial? While semi truck accident cases can often…

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Jul 13, 2021

What To Do If You Slip and Fall in Walmart?

If you slip and fall in Walmart, you may be entitled to receive compensation for any medical expenses, pain and suffering, and lost wages caused by the accident. A knowledgeable slip and fall lawyer can review your situation and determine if you have a viable liability claim and assess your damages. Here’s a quick guide. https://www.youtube.com/watch?v=c7UXcVxslvE Can I sue Walmart for slipping? Yes, you can sue Walmart for slipping if you are injured and the store or an employee was responsible for your accident. To be eligible for compensation, you’ll have to prove that your injuries were caused by Walmart’s negligence. Property owners have a legal duty to keep their premises in a reasonably safe condition, and if Walmart failed to maintain its premises safely they can be held liable. This is called “premises liability”  The theory of premises liability does not hold Walmart responsible for every injury that occurs in a store, just the accidents that are caused by their negligence. A property owner is considered negligent if they do not correct an unsafe condition they knew of or reasonably should have known about. You can argue that the owner should have recognized and repaired the dangerous condition, should have warned of the dangerous condition, or that the owner or an employee created the dangerous condition and failed to eliminate it.  For example, if there is a liquid on the floor and you slip and fall on it, you may be able to sue Walmart if the employees had…

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Jul 13, 2021

What Should You Not Say to an Insurance Adjuster?

When talking to an insurance adjuster, it’s essential that you remember that insurance companies are not on your side. Insurance providers are for-profit businesses, and their ability to make profits depends on paying the least amount possible for each and every claim.  Whether you are dealing with your own insurer or another driver’s, no one you talk to at an insurance company is trying to help you. https://www.youtube.com/watch?v=9UKRbFprB0E How do you answer an insurance adjuster's questions? If you have hired a personal injury lawyer to represent you, your attorney will handle communications with the insurance company. If you do not have a lawyer, you should agree to give the claims adjuster the information they need to process your claim, but make sure you always refuse to give a recorded statement.  Here are a few tips for answering an insurance adjuster’s questions: Review the accident report before answering any questionsClearly explain the facts that prove the other driver was responsible for the accidentDo not provide any unnecessary informationTell the adjuster all of the injuries you suffered in the accident, including minor injuries such as bruises, headaches, and a stiff neck What do insurance adjusters look for? Insurance adjusters are always looking for any possible justification for offering you a lower settlement, even if it requires twisting your words or manipulating you. Claims adjusters are trained to ask leading questions to trick you into saying things that can hurt your case. For example, if the adjuster asks you “How are you?” and…

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Jul 13, 2021

What Is Truck Driver’s Knee?

Truck driver’s knee is a common knee injury suffered by truck drivers, also called patellar tendonitis or jumper’s knee. The condition affects the patella tendon, which connects your kneecap to your shinbone and helps your muscles straighten your knee during various activities. https://www.youtube.com/watch?v=ZJcc3B6fsNI What causes knee pain while driving? Truck driver’s knee is caused by repeated stress and strain on the patellar tendon, which eventually causes small tears to form in the tendon. As more tears occur, they start to cause tendon pain and inflammation. The first symptom is typically a sharp pain just under the kneecap during physical activity. As the injury worsens, the pain may continue even when you are not physically active. For truck drivers, the most common causes of patellar tendonitis include:  Operating truck pedals for long periods of timeClimbing in and out of trucksJumping off trailers  Other risk factors for jumper’s knee include tight leg muscles, muscular imbalances, and being overweight. How do I stop my knees from hurting when I drive? There is a range of treatment options for truck driver’s knee that can stop your knees from hurting when you drive.  Once you have been diagnosed with patellar tendonitis, the first suggested treatment is rest and reducing the strain on the knee. Then, ice and anti-inflammatory medications can be used to reduce swelling in the patellar tendon, and massage and stretching can reduce the pain and irritation.  In later stages of treatment, your doctor may order strengthening exercises and body mechanic modification sessions…

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Jul 13, 2021

What Is the Minimum Payout for Whiplash?

Whiplash is a type of sprain that occurs in the neck’s soft tissues when the body, head, and neck move rapidly back and forth. Victims can suffer whiplash in a variety of situations, including assaults and falls, but it is also one of the most frequent types of car accident injury. Drivers and passengers in the front vehicle during a rear-end collision have the greatest risk of whiplash. https://www.youtube.com/watch?v=2RvPRCTcBQE What is the average settlement payout for whiplash? While there is no “average” settlement payout for whiplash, your settlement will generally be determined by your medical expenses and the amount of time it took you to heal up. Other factors include the severity of the accident, your lost wages, and the long-term effects of your injuries.  You may also be able to recover past, present, and future pain and suffering damages for serious whiplash injuries. Is it worth suing for whiplash? If the insurance company is not willing to fairly compensate you, then it is usually worth suing for whiplash when you have been injured in a car crash or other accident that was someone else’s fault. While each whiplash case has a different set of underlying facts and circumstances that impact the amount of money you can receive, you can typically recover compensation for the following: Medical bills related to the treatment of whiplash and any health complications caused by whiplashLost wages caused by the whiplash and its long-term effectsPain and suffering caused by the whiplashDiminished quality of life caused…

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Jul 13, 2021

Should You Get a Lawyer After a Refinery Accident?

If you have been injured in a refinery accident, it’s essential to engage an experienced personal injury lawyer to represent you. An attorney with experience representing refinery accident victims will know how to investigate the scene of the accident and uncover the necessary evidence to prove that the oil company was negligent. The oil company will be doing everything in their power (and ample financial means) to limit their liability, so it’s vital that you have a skilled refinery accident lawyer on your side. https://www.youtube.com/watch?v=0YZefHeT8dY Are accident lawyers worth it? In refinery accident cases, hiring an accident lawyer is well worth the cost.  Refinery accidents can cause severe injuries with extensive medical bills and other damages. Hiring a refinery accident lawyer to handle your case can maximize the value of your claim by taking on the oil companies for you. Statistically, people who hire accident lawyers receive higher settlements. Even after paying attorney fees, accident victims still walk away with much more money than they would have received without a lawyer.   Personal injury attorneys deal with accidents every day. As a result of this experience, refinery accident lawyers have developed: Extensive knowledge of the relevant laws and oil company tacticsStrategies for handling oil companiesFamiliarity with the personal injury case processUnparalleled negotiation skills In addition to the unique skillset offered by an accident lawyer, there are various other benefits to having legal representation. Attorneys often use investigators to obtain evidence that strengthens your case. An experienced refinery accident lawyer will know…

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Jun 11, 2021

Does Pandemic Fatigue Lead to Reckless Driving?

It is disturbing to see that there was a 7% increase in car accident fatalities in 2020. How could the statistics go up if most of the country was in quarantine for at least half of the year? We all heard about going stir crazy, but did any of us thought that being stir crazy could lead to almost 3,000 more deaths on United States roadways? Per the National Highway Traffic Safety Administration: Even though Americans drove less in 2020 due to the pandemic, early estimates of crash fatalities from the U.S. Department of Transportation’s National Highway Traffic Safety Administration released Thursday reveal the largest projected number of deaths since 2007.According to NHSTA, an estimated 38,680 people died in motor vehicle traffic crashes last year, representing an increase of about 7.2 percent as compared to the 36,096 fatalities reported in 2019.Preliminary data from the Federal Highway Administration (FHWA) shows vehicle miles traveled (VMT) in 2020 fell by about 430.2 billion miles—a 13.2 percent decrease.The fatality rate for 2020 was 1.37 fatalities per 100 million VMT, up from 1.11 fatalities per 100 million VMT in 2019.NHTSA’s analysis shows that the main behaviors that drove this increase include: impaired driving, speeding and failure to wear a seat belt.While passenger vehicle occupants had the largest number of fatalities, accounting for 23,395 of the 38,680 (up 5 percent), motorcyclists saw the biggest increase in crash deaths, rising 9 percent to 5,015.Carrier Management Pandemic fatigue is real. All of those days and nights Americans sat…

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Apr 26, 2021

What Happens If You Get Caught Shoplifting From Walmart?

If you are caught shoplifting from Walmart in Texas, you may face criminal theft charges. https://www.youtube.com/watch?v=5VRl2SvbvQQ What does shoplifting mean? The term “shoplifting” means stealing merchandise from an open retail store. Under Texas law, shoplifting is a type of theft, as defined by Texas Penal Code § 31.03. To simplify its criminal laws, Texas prosecutes most theft-based offenses —including shoplifting, embezzlement, extortion, and receiving stolen property— as theft.  The theft statute reads: “A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” In other words, if you take property that is not yours without permission and don’t intend to give it back, you have committed theft. When you commit theft from a retail store during regular business hours, this is considered shoplifting.  Does Walmart call the cops for shoplifting? Although anti-theft practices and policies can vary between stores, Walmart will often call the cops for shoplifting offenses. If you are caught shoplifting from a Walmart, a loss prevention officer may reasonably detain you at the store until the police arrive.  Walmart has loss prevention officers at every store that watch for shoplifters.  They are on the floor and in the back watching everyone on camera.  A common shoplifting case the loss prevention officers look for is when a person scans some items, but leaves others in the basket and tries to exit the store without paying for those items.  Or a person simply walks by the cash registers without stopping to scan…

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Apr 26, 2021

The Guide to Unreasonable Search and Seizure

The Fourth Amendment to the U.S. Constitution protects against unreasonable government searches and seizures. If the police violate your Fourth Amendment rights while investigating or arresting you, you may be able to have illegally-obtained evidence excluded from court. https://www.youtube.com/watch?v=FMyIRwZPmiw What is the definition of search and seizure? A search is defined as any time an agent of the government interferes with an individual's reasonable expectation of privacy, generally by searching their property, body, or home. A seizure can refer to either the seizure of a person or a seizure of property.  A seizure of a person is defined as when a police officer’s conduct would communicate to a reasonable person that they are not free to leave. For a person to be seized, the police officer must show authority through handcuffs, physical contact, a firearm, or verbal command, and the person must submit to that authority.  A seizure of property is defined as when a government actor meaningfully interferes with a person’s possessory interest in their property. What is unreasonable search and seizure? Reasonableness is considered to be the primary test of whether a search or seizure is constitutional. If a search or seizure is conducted without a warrant, it is presumed to be unreasonable unless it falls within a few exceptions.  The most obvious exception is if the police officer feels that the suspect may have access to a weapon. When determining whether a warrantless search or seizure was justified, a court will balance the amount the search or…

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Apr 26, 2021

The Guide to Texas Penal Code §12.44a

Texas Penal Code §12.44 allows judges to punish felony convictions with misdemeanor jail time, or with the agreement of the DA, reduce your felony conviction to a misdemeanor. https://www.youtube.com/watch?v=TilMBq4eN9Q What is Penal Code 12.44a? Texas Penal Code §12.44a allows a judge to punish a defendant who is convicted of a state jail felony with the permissible punishments for a Class A misdemeanor.  Texas Penal Code §12.44a reads: “A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.” Suppose the judge determines that, based on the circumstances of the offense and the defendant’s background, a lower punishment would better serve justice. In that case, Penal Code 12.44a allows the judge to send the defendant to a county jail, where misdemeanor offenders are sentenced, instead of sending them to a state jail facility.   A state jail facility is a prison for people who are convicted of state jail felonies, which are more serious than misdemeanor offenses but less serious than felonies of the third degree.  How does 12.44a work? If a judge agrees to a 12.44a, you will serve your sentence at the county jail with misdemeanor offenders. However, even though 12.44a allows you to receive misdemeanor punishments, the conviction will still…

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