1.112. legal mix T1 – Forklift / Commercial Vehicles / Truck / Cargo Ship / Workers Comp / Road Workers / Power Tools / Structure Collapse / Scaffold / Trench Collapse / Rollover Accident / Soft Tissue Injury / Car / Tires / Construction / Electric, Fall, Burn, Office, Oilfield, Industrial Injury / Texting / Motorcycle / Industrial Accidents / Flat Bed Accidents – gtg

Attorneys blogs: 1/8/15

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Cargo Ship Accidents Attorney: Cargo ship accidents and associated injuries.

An accident on a cargo ship would be controlled by the Jones Act. The Jones Act applies to seaman injured while working in the course and scope of his employment due to the negligence of his employer. The employer is legally required to have a safe workplace for the seaman to work in. Cargo ships can be very dangerous to work on because often times a cargo ship is transporting large and heavy products. The cargo can shift and fall during transportation causing serious injuries and even death.

These types of cases are common in Houston Texas because of the large bodies of water in and around the Houston area. Time is of the essence in these cases for multiple reasons. The evidence needs to be obtained immediately after the accident. Witness statements, pictures, measurements and other critical information must be preserved in order to effectively pursue the case. Also remember the Texas Statute of Limitations in these cases. If the case is not resolved or suit filed within the limitations period, the claim will be forever barred.

Barges, oil rigs, ships, boats, ferrys and riverboats are just a few of the other types of vessels that are covered by the Jones Act. A commercial boat operator should have maritime liability insurance coverage, but unfortunately, not all do. In the instance that someone is hurt and there is not coverage, a personal injury law suit must be filed against the employer directly. If the employer is judgment proof, the case will be difficult if not impossible to pursue. Rigs and platform injuries should have an insurance policy adequate to cover the injuries sustained by the worker. What can our firm do for my cargo ship accident injuries?

The benefit of hiring our Law Office in these types of Houston personal injury accident claims and wrongful death cases is that we have the knowledge and resources necessary to obtain a favorable result. Often times expert witnesses are necessary. We have a network of experts that are the leaders in their respective fields. Hiring these types of experts adds credibility to the case which will increase the likelihood of success in front of the jury. Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability Contact Us.

Disclaimer – The Houston personal injury attorneys of our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the Houston personal injury attorneys at our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer of our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our firm has been obtained.

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Worker’s Compensation Cases: Have you been injured on the job?

When an employee is injured on the job, he or she should immediately notify the employer and find out if the employer has workers’ comp coverage or not. There are vastly different legal paths that are taken depending on the answer to this question. Please see our page on “workers’ compensation” and “non subscriber cases” for more detailed information regarding the legal effect of workers compensation coverage. There are many different situations that can result in the employee being injured on the job, including picking up heavy furniture, falling, injuries caused by using dangerous equipment, removing safety guards and many others.

What can be done about denied worker’s compensation?

Our firm can assist you through the entire legal process including the mediation, trial, and appeal. Some of the injuries involved can cause incapacity such that the injured employee cannot work for a period of time and thus be unable to provide for his or her family. Our team of personal injury legal advice lawyers will work to make sure that you are compensated such that you are able to continue to support your family. Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability Contact Us.

Disclaimer – The personal injury attorneys of our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer of our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our firm has been obtained.

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Road Worker Injury Lawyers : Are you a road or construction worker? Have you recently been injured on the job? Our firm is here to offer relief from your injuries.

All too often living rooms across Texas are filled with news stories describing the horror of motor vehicle accidents involving road construction workers. Highway construction workers are especially vulnerable to catastrophic injury caused by being struck by a motor vehicle.Road workers face dangerous conditions

With vehicles moving in excess of seventy miles an hour, it is easy to see how a collision between a car and a road worker could have disastrous consequences. Road workers that are hit by motor vehicles often sustain fractures, traumatic brain injury, spinal cord injury, paralysis and death.

Employers owe a duty to their employees to provide a safe working environment, this includes employees that are required to work on roads in highly congested cities. Employers can minimize the risk posed by automobiles by planning development projects designed to reduce exposure to traffic.Employers can reduce risk to their employees by decreasing the speeds at which vehicles travel in the construction area.Employers can reduce risk posed to road workers by utilizing proper reflecting equipment to notify drivers of roadwork.Employers can reduce risk posed to road workers by properly placing and marking construction barriers.

If you or a loved one has been struck by a motor vehicle while working in road construction please call the work related injury lawyers at our firm. Our experienced staff of personal injury attorneys will help you understand your rights and seek the money you deserve. Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys of our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer of our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our firm has been obtained.

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Power Tool Injuries : Accident Attorney : Have you sustained unnecessary injuries while working with power tools? Let our firm offer their services and get you the settlement you deserve.

According to the Consumer Products Safety Commission, more than 400,000 people suffer power tool injuries each year. Of those injured, more than 200 people a year are killed by power tools.

Power tools can be found on every construction site in Texas. Advances have been made in power tool technology, making power tools smaller, more powerful and readily available. The recent increase in the number of power tools used on construction sites throughout Texas have dramatically increased the number of people exposed to a potential injury involving a power tool. Injuries involving the use of power tools include, burns, lacerations, puncture wounds, electrical shock, loss of sight, and potentially death.

Claim possibilities in power tool injury cases:

Employees injured by power tools may have a claim against the manufacturer and/or supplier of the power tools. Under Texas law, manufactures and suppliers owe a legal duty to only sell products fit for their intended use. You may have a claim if a power tool’s manufacturer failed to properly equip their power tools’ moving parts with safety guards. Additionally, claims may be brought against the manufacturer if the power tool injury resulted from a manufacturing defect or design defect.

Employees injured by power tools may also have a claim against their employer or general contractor. Employers have a duty to ensure that the workplace is safe from known and to use reasonable care to inspect for unknown hazards. Your employer owes a duty to ensure that you are properly trained and supervised. Furthermore, modifications to power tools made by the employer or at the employer’s direction can also result serious injury.Don’t worry – our firm can help.

Many people injured while using power tools believe that they are solely responsible for their own injuries. However, they do not realize that often times the injury sustained could have been prevented had appropriate measures been taken by the manufacturer of the product or by their employer. Contact our firm and one of our construction injury attorneys will meet with you to discuss your case. The attorneys here at our firm will aggressively pursue every party responsible for the injury you sustained while using power tools.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Disclaimer – The personal injury attorneys of our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer of our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our firm has been obtained.

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Structure Collapse Injuries : Accident Attorney : Turn to Injury Relief Attorney

While uncommon, structure collapses can result in serious physical injury and death to employees. Many factors can contribute to the collapse of a structure. The contributing factors may determine what parties are responsible for the injuries you sustained.Do I have a claim for my structure collapse injuries?

If you have been injured by a building collapse resulting from a design defect, you may have a claim against the designer of the building. Under Texas law, the designer of a building has a duty to make buildings that are safe for their intended use. Failure to design a structurally sound building may result in the designer being held liable for any injuries that result from the building’s collapse.

If you have been injured by a structure collapse resulting from a building defect, you may have a claim against the general contractor for the project, a sub-contractor who acted negligently or a supplies provider. General contractors and sub-contractors owe a duty to perform their work in a safe manner and to ensure that the structures they build are safe.

If you have been injured by a structure collapse resulting from a materials defect, you may have a claim against the supplier of the materials as well as builder. With today’s economy, many builders are attempting to shave expenses anywhere possible, including the use of substandard building materials and supplies. Builders and suppliers owe a duty to their employees to create a safe working environment, as such the failure to use safe building material may give you a cause of action against the builder. How can our firm assist me with my structure collapse injury?

Injuries resulting from a building collapse are often severe. Recently, the collapse of an athletic facility resulted in the paralysis of one of the people inside the facility at the time of the collapse. Traumatic brain injury, spinal cord injury, crush injuries and death are potential consequences when a building collapses with workers inside.

Our firm’s first step following an accident resulting from a structural collapse is to determine any prior instances in which a similar project worked on by the general contractor or sub-contractor collapsed. Our firm then hires world-renowned experts in the fields of engineering, building construction and building safety in order to establish liability in your case. Our firm will aggressively pursue your personal injury accident claim and ensure that you obtain every penny you deserve.Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us

Disclaimer – The personal injury attorneys of our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer of our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our firm has been obtained.

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Scaffolding Injury Cases : Accident Lawyers : Injured in a scaffolding accident?

Scaffolding is employed in almost every type of construction. Scaffolding is usually a temporary platform constructed by using timber or steel. Often times, the scaffolding is created using a hodge-podge of materials and scrap left over from prior projects. Additionally, scaffolding built at a construction site often involve very little planning and design to insure the safety of the employees assigned to use them.

Scaffolding Types:

The three most common types of scaffolding found on construction sites are supported scaffolds, suspended scaffolds and aerial lifts. Supported scaffolds are platforms supported by load bearing poles, legs and frames. Suspended scaffolds are usually supported by ropes attached to an overhead structure. Finally, Aerial lifts include vehicles equipped with baskets or work platforms that can be elevated to allow employees to work from a height.

Common Injuries in Scaffolding Accidents:

OSHA estimates that 4,500 scaffolding accidents that occur each year are preventable with proper training and construction of scaffolding. The most commons hazards that employees working with scaffolds may encounter include: Falls from height, scaffold collapse, being struck by falling objects and electrocution. Falls from height are generally preventable with the use of guardrails and having an employee use a fall arrest system. Scaffolding collapses are preventable by ensuring the that scaffold is properly constructed, ensuring that the scaffold is not overloaded, and having a trained person inspect the scaffold before use. Employers can protect employees from falling objects by restricting access to the area beneath a scaffold, or employing a canopy to protect the employees walking beneath the scaffold. Electrocution can be avoided by ensuring that all scaffolds are constructed a safe distance from utility lines, an employer should also request that local utility companies de-energize lines if scaffold work needs to be performed by utility lines.

The primary purpose of scaffolding, to allow employees to work at a height above shoulder level, also explains why the injuries sustained from scaffold accidents are so severe. Injuries involving scaffolding regularly result in broken bones or traumatic brain injury.OSHA Rules and Regulations

In 2007, the Occupational Safety and Health Administration reported 88 fatalities involving scaffolding. Recognizing the danger involved in scaffolding accidents, OSHA has promulgated strict guidelines for the design and construction of scaffolds.

OSHA has promulgated a number of regulations and codes concerning the construction and use of scaffolds. OSHA regulations require that the components used to build a scaffold must be able to support four times the maximum intended load. OSHA regulations also prohibit the use of a damaged scaffold until all repairs have been completed. Furthermore, it is a violation of federal law for employees to work on scaffolds during storms or high winds, or when scaffolds are covered with snow or ice.

Our firm has helped a number of employees that were injured while working with scaffolds. If you have been injured in a construction accident involving a scaffold, you may be entitled to compensation for your injury. Please call our firm and one of our construction accident lawyers will provide a free consultation concerning your case. Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us

Disclaimer – The personal injury attorneys of our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer of our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our fimr has been obtained.

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Trench Collapse Injury Lawyers : Have you or a loved one been injured in a trench collapse in Texas? Our attorneys are here to help.

Every year, thousands of miles of trenches are dug in the United States. Trenches are used to install utilities, bury cable, and to pour foundations. When done improperly, excavation and trenching exposes employees to an extreme degree of unnecessary risk, including serious traumatic injury and wrongful death.

The greatest risk posed to employees while performing an excavation is the collapse of a trench or a cave in. A trench collapse often results in catastrophic injuries including: spinal cord injuries, traumatic brain injuries, asphyxiation, crush injuries, drowning and death.OSHA recommended trench protective systems and regulations

OSHA recommends the use of three separate types of protective systems for trenches, including: sloping, shoring, and shielding. Sloping refers to how the trench wall is cut. Cutting the trench wall at an inclined angle away from the excavation will offer a degree of safety to workers inside the trench.Shoring refers to installing hydraulic or aluminum supports in the trench to prevent the movement of soil on the sides of the trench.Shielding refers to the use of a trench box or similar device to prevent soil from caving in.

As a result of the danger associated with trench collapses, OSHA has promulgated a number of regulations concerning the construction and protection required for trenches. OSHA regulations require that trenches five feet deep or greater have a protective system in place. Trenches that are deeper than twenty-five feet deep require that the protective system be designed an engineer. OSHA Standards require that a competent person inspect a trench on a daily basis prior to use by workers. OSHA also recommends keeping heavy equipment at least two feet away from the edge of a trench and to provide ladders or stairs for access to all trenched greater than four feet deep.

Your employer owes the employees a duty to keep the workplace reasonably safe. This includes ensuring that all applicable OSHA rules and regulations are being followed, and ensuring that you are properly trained and equipped to perform your job duties.If you or a loved one has been involved in a trench or excavation accident, contact our firm for a free consultation. A wrongful death suit attorney at our firm will explain the law, your rights, and the legal process.Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

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Construction Site Hazards : Construction Site Hazards : Hazards on the Construction Site : Common health and safety hazards on the Texas work site.

Construction sites often contain many hazards for their workers.  When equipment at a construction site is not properly maintained and operated, construction workers could be at significant risk of injury or death.  Following are a few examples of some of the most common construction site hazards:Rebar: exposed rebar ends present significant risks for workers.  If a worker trips or falls onto the end of a rebar, he or she may be impaled.Ladders: many construction site accidents are the result of improper ladder use.  If a ladder is not placed on even ground or if weight limits are not followed, workers could fall, injuring themselves and those nearby.  In other cases, a careless worker on the ground may bump into a ladder, knocking it over.Power tools: poorly-trained workers using power tools present significant risk to themselves and others.  Improperly-repaired or defective power tools are also dangerous.  Furthermore, if a worker spends too much time around multiple power tools in operation, he or she may suffer hearing loss. Scaffolding: the second leading cause of construction site deaths is falls from scaffolding.  If scaffolding is not properly constructed or maintained, workers on and around the scaffolding could be in serious danger.

The bottom line is this: construction sites are dangerous.  But if proper safety protocol is followed, many of these dangers are alleviated.  When someone fails to follow these safety protocols, however, innocent victims often are the ones to suffer.  If you or someone in your family has been in a construction accident due to an employer’s or another worker’s negligence, the construction accident lawyers in our firm can help you file a personal injury lawsuit in Texas.

If successful, such a lawsuit could secure compensation for your past and future medical bills, lost wages from time spent away from your job, and the mental or emotional anguish caused by the accident.  But this lawsuit will likely be very complex.  Whenever an employee is injured, workers’ compensation comes into play.  But workers’ compensation does not protect contractors like it does employees.  Since many construction workers are contractors, this often becomes a problem.  A deceitful employer may tell you that, since you are a contractor, you have no legal recourse for seeking compensation.  The employer may then offer you a small settlement as a “take it or leave it” offer, hoping you will accept without speaking to a construction injury lawyer.  But even if you are a contractor, you have legal options available to you.  Our Texas attorneys can help.

We have been winning construction accident lawsuits for twenty years and we know how to secure a fair settlement in these cases.  If you or someone you love has been hurt in a construction site accident, contact the construction lawyers at our firm and make sure your injuries are fully compensated.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our Website is prohibited unless the prior written permission from our firm has been obtained.

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Electric Shock Injury Cases : Accident Attorney : Electric shock at construction sites is a dangerous concern.

Every year millions of Americans are shocked by an electric appliance, contact with bare wires, being struck by lightning or accidentally coming into contact with live electrical wires. Of those people that are shocked, approximately 1,000 Americans are electrocuted, the difference being that electrocution means that the person died from an electrical shock. Injuries and Laws associated with electric shock Electric shock injuries

An electrical shock often results in burns where the person comes into contact with an electrical source and where the electricity leaves the persons body. Electricity will travel between the entrance and exit wounds possibly causing damage to internal organs. Damage from an electrical shock can result in cardiac arrest, nerve and muscle damage, and brain injury.

Safety around electrical sources should be a major concern for employers on construction sites. Every year thousands of construction workers come into contact with live electrical wires. Live electrical wires pose a serious threat to construction workers that are carrying building materials near over-head wires. Additionally, each year dozens of incidents are reported in which a crane comes into contact with live over-head wires resulting in shock or electrocution to the operator of the crane.Injury-preventative Texas laws

Under Texas law, an employer owes its employees a duty to provide a safe working environment. This duty includes ensuring that employees are protected from the dangers involved with working in close proximity to sources of electricity. An employer is negligent when they fail to make safe a condition that could result in an electrical shock or electrocution of one of its employees.

If you or someone you love has been injured on the work site as a result of an electrical hazard please contact our firm. Our experienced personal injury law attorney will aggressively pursue your personal injury claim and insure that your employer is held responsible for your injury.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our Website is prohibited unless the prior written permission from our firm has been obtained.

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Falling Injury Attorneys : Have you been injured in a fall at work? Let our firm help.

Every year hundreds of serious injuries are caused by falls on construction sites. Workers are routinely injured in accidents involving scaffolding collapses, working at heights, and building collapses.Common falling injuries

Injuries resulting from a fall are often life changing. Even a minor fall can result in broken bones, collapsed lungs and severe lacerations. Falls from a significant height can cause spinal cord injury, paralysis, traumatic brain injury, and death.Falling injury-preventing OSHA regulations and Texas laws

OSHA regulations require that employers provide their employees with fall protection systems when employees are working at a height above six feet. OSHA also requires that employers protect their employees from falling through holes (including skylights) by using hole covers. The three most common types of fall protection equipment used in the construction industry are fall arrest systems, nets, and guardrails.

According to Texas law, Employers are required to provide their employees with a safe working environment. The law requires that an employer designate a competent person to ensure the safety of other employees working at heights greater than six feet.

Our firm has the experience and drive you need to resolve your construction site fall case. Our firm will aggressively pursue your claim to ensure that the people responsible for your injury are held accountable and that you receive the compensation you deserve. Contact our firm and an experienced construction accidents attorney will provide you with a free consultation. Injury relief is just a phone call away.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our Website is prohibited unless the prior written permission from our firm has been obtained.

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Heavy Equipment Injury Attorneys: Do you work around heavy equipment? If you have been injured, our Law Offices will work hard to get you the compensation you deserve.

Every year the heavy machinery involved in the construction industry seem to get larger and more powerful. Often times, heavy machinery is used in conjunction with the use of laborers to complete a project, this system of support places the construction worker perilously close to equipment that can cause paralysis, broken bones, and even death.Types of heavy equipment prone to causing injury

Every project is different; therefore the heavy machinery involved in a construction project varies greatly depending on the type of construction being performed. Our firm can assist you in recovering for your injuries whether you were injured using Caterpillar, John Deere or SkyTrac equipment. Our firm will fight for your legal rights if you were injured by any type of heavy equipment including:Backhoes, Cranes, Dump trucks, Compactors, Tractors, Excavators, Aerial Lifts and Scrapers

The nature of construction projects often means that many different parties may be responsible for the injuries suffered from heavy equipment operation. The workplace injury attorneys in our firm have the experience you need to evaluate your claim and ensure that all parties are held accountable for your injury.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our Website is prohibited unless the prior written permission from our firm has been obtained.

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Personal Injury Lawyers : Construction Site Burn Injury Cases : Burn Injuries – painful and sometimes lethal. Let our firm help you with your construction site burn injury case.

A major burn injury can be one of the most devastating injuries a person can sustain. Physical and emotional scarring continues to plague burn victims long after they sustain their burn. Every year approximately 2.4 million people suffer from burn injuries in the United States. Burns are separated into three categories based on the depth and extent of the burn.bA first-degree burn injury results in skin that is red and sensitive. First-degree burns are cause injury to the outermost layer of skin known as the epidermis.A second-degree burn injury results damage to both the outer layer and the underlying layer of the skin. Second-degree burns often develop blisters and the skin takes on a splotchy red appearance. A third-degree burn is the damaging type of burn, and can result in significant damages to all layers of skin, fat and bone. While these burns are the most severe, they tend to be less painful than first and second-degree burns because the nerves in the skin have been burned. A person that suffers from a third degree burn will often suffer from additional medical problems such as smoke inhalation, carbon monoxide poisoning, shock, organ failure and death. Negligence on the construction site can lead to serious burn injuries.Skin grafts, scars, and sometimes a construction worker’s death can all be attributed to negligence of the employer or other employees.

Burn injuries that occur on construction sites are often caused by someone’s negligent act or by defective equipment. Construction site burns can come from a variety of sources and do not necessarily require a person to be burned by an open flame. An employee can also sustain burn injuries from steam, chemicals, electric shocks, extremely cold liquids and gases, explosions and direct contact with hot surfaces.

Following a severe burn, some patients must undergo skin grafts, skin debridement and rehabilitation that may span several years. Some burn victims are left with scars that cover a large portion of their bodies, while other burn victims die before their wounds can heal.

The work injury lawyers attorneys in our firm have a unique perspective on the trials and tribulations that a burn injury can bring. Our accident injury lawyers are knowledgeable with respect to the medical treatment a burn victim will receive and can assist you in recovering every penny that your deserve for your injury. If you have suffered a burn injury on a construction site, please contact our firm to learn your legal rights.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

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Office Injury Attorneys : Do you have carpel tunnel or another office related injury? Our law office can help you.

An “office injury” usually involves carpel tunnel syndrome from repetitive motion such as typing. But other more serious injuries occur. Office and work related injuries can involve falling objects such as merchandise falling from shelving or defective rolling devices that are supposed to keep pallets of merchandise from causing injury. Mesothelioma – dangerous for office workers as well

Office injuries can also include asbestos exposure. Many of the older office buildings around the country and specifically Texas used asbestos. Exposure to asbestos can lead to asbestosis that can lead to a rare form of cancer called mesothelioma. Mesothelioma is not as rare if the person has been exposed to asbestos fibers.

The symptoms of mesothelioma often times do not appear for many years after the exposure. The exposure leads to the microscopic fibers embedding in the lining of the lungs. The person will begin to feel shortness of breath and restricted breathing. Many times the doctor would misdiagnose the condition because the condition was extremely rare. What can our office do for your office injury?

The benefit of hiring our carpel tunnel attorneys in these types of cases is that we can help with the initial determination of whether or not the employer had workers’ compensation coverage or not. The answer to this question is critical to understand which legal path to take.

After making the workers compensation determination, we can assist in developing the case both from a liability and damages angle. We can help obtain witness statements, hire expert witnesses and use a private investigator to obtain evidence that is critical to the case. We will contact the medical people necessary to prove the extent of the injury to the employee to “paint” an accurate picture for the employer, insurance company, opposing lawyer, or jury.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our Website is prohibited unless the prior written permission from our firm has been obtained.

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Equipment Malfunction Cases : Injury Lawyers : Equipment Malfunction Cases : Injury Lawyers : Equipment malfunction – a risk taken by many construction workers. Don’t let an injury due to equipment malfunction harm your finances. Our law firm can help.

Construction companies are constantly increasing the number of power tools and heavy machinery used on the job site. With the increase in use also comes the increase in workers that are injured when those power tools or heavy machinery malfunction.Power tools and machinery put construction workers at great risk when a malfunction occurs.Power tool injuries usually occur because the use of power tools requires the operator to be within close proximity of the tool. When a power tool malfunctions, there is often no opportunity for the operator to react before they are injured.

Heavy Equipment malfunctions often result in catastrophic injury due to the power and size of the equipment involved. When a crane, bobcat, backhoe or other machinery malfunction, the operator as well as bystanders are put at risk.

Malfunctioning power tools and heavy equipment can inflict serious bodily injury on construction workers. Workers injured by power tools and heavy equipment often suffer loss of limbs, broken bones, spinal cord injury, traumatic brain injury and death. Our firm is here to protect your rights and get you the settlement you need.

The very nature of equipment malfunction cases requires that the equipment or power tool be inspected as quickly as possible. Having the equipment thoroughly inspected will preserve evidence that may be critical to your claim.

If you or a loved one has been injured as a result of an equipment malfunction on a construction site, don’t delay. Our firm will act quickly on your behalf to examine the defective product and preserve the evidence in your case. Call the construction injury lawyers at our firm today for a free consultation with a licensed attorney.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our firm has been obtained.

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Crane Accidents Attorney : Injury Lawyers : Crane Accidents Attorney : Injury Lawyers : Cranes are a mainstay in the construction industry.The attorneys in our firm can help if you or someone you know has been injured in a crane accident.

Approximately 125,000 cranes are used in the construction industry. Cranes are often used to move heavy pieces of machinery and supplies needed for the construction of today’s large buildings and skyscrapers. The use of a crane can be complicated by the use of other cranes or heavy equipment on the construction sites.Crane injuries can be devastating. OSHA has taken precautions to prevent many injuries. An employer’s noncompliance puts you, the employee at risk.

Injuries resulting from accidents involving cranes can be catastrophic. Injuries resulting from the use of cranes include: traumatic brain injury, spinal cord injury, dismemberment, burns caused by electrical shock and even death.

The most common cause of injury related to the use of cranes is electrocution from overhead utility lines. Other causes of injury involving the use of cranes are: dropped loads, failure of crane rigging, weight overload, and the crane overturning.

Due to the number of severe injuries involved in crane accidents, the Occupational Safety and Health Administration has adopted a number of regulations governing the use of cranes on construction sites: OSHA regulations require that the employer comply with all manufacturer specifications and limitations applicable to the operation of any and all cranes.Federal law requires that instructions and warnings regarding the rated load capacities and safety warnings be visible to the crane operator while he is in control of the crane.The employer is responsible for ensuring that a competent person inspects all machinery and equipment prior to use. The employer is responsible for ensuring that all broken machinery or equipment is replaced before use.The employer is also responsible for ensuring that a safe distance between a crane and an overhead electrical line. If the crane is required to work within close proximity of an electrical line, the employer is responsible for ensuring that the electrical line is de-energized.

What can our firm do for you if you are injured in a crane accident?

Having a crane injury attorney is an important part of leveling the legal playing field. It is likely that more than one party is responsible for the accident occurring. Depending on the circumstances, subcontractors, general contractors, utility companies or your own company may be responsible for the injuries you sustained. A crane injury attorney will be able to help you find the party responsible for your injury and take the steps necessary to bring about the best results for your particular case.

Our firm has recovered millions of dollars for employees injured in construction accidents. Our attorneys have the resources and experience necessary to pursue complex litigation involving multiple defendants. Our firm routinely consults and hires experts in the field of OSHA regulations, workplace safety and the proper use of heavy equipment on construction sites. Contact our office for a free consultation with one of our construction attorneys.

Our firm has the talent and experience necessary to bring your injury claim against your employer or anyone else responsible for your injury.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our firm has been obtained.

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Oilfield Injury Attorneys : Oilfield Injury Attorneys : Injured in an oilfield? Oilfield accidents, oil rig drilling accidents, oilfield injuries, offshore injury accidents, offshore rig accidents, gas well drilling accidents can all result in catastrophic injuries and even death.

By their very nature, employees in this industry work in very dangerous conditions. These employees use heavy and complicated machinery.

One of the first questions to be answered is whether or not the employer had workers compensation coverage. Please see our pages on “workers compensation” and “non subscriber cases” for more detailed information regarding the consequences of the employer being a subscriber to the Act. Does the employer have worker’s compensation? If the employer does not have workers comp. coverage, then it is very limited in its defenses.

The employer would for all practical purposes be limited to sole proximate cause as its primary defense. If the employer does have workers compensation coverage, the injured employee cannot sue his or her employer.

There is a narrow exception in the event that the employee is killed, has financial dependents, and the employer is grossly negligent.

Even if the employer has workers comp. coverage, other defendants may be responsible such as a maintenance company, contractor or subcontractor, equipment manufacturer, owner or other party. If that entity controlled the details of the work, it may have a duty to provide a reasonably safe work site.

Heavy oilfield and oil rig equipment often result in injuries including brain trauma, burns, paralysis, traumatic brain injury, crush injuries, amputations, and even death. Oilfield safety guidelines and procedures often times would have prevented accidents such as valve failure, equipment malfunction, rig collapse, explosions and others. Drillers, roustabouts, and roughnecks are especially susceptible to dangerous conditions.

There are numerous reasons that oilfield workers are injured, but most common would be the long hours that they work, working with inexperienced co-workers, co-workers that are under the influence of drugs or alcohol and others. Our oilfield injury attorneys believe that those who have injured due to an oilfield related accident should be compensated the maximum possible.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our website is prohibited unless the prior written permission from our firm has been obtained.

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Industrial Accident Attorneys : Industrial Accident Attorneys : Have you or a loved one been injured in an industrial accident?

An “industrial accident” refers to an incident where an employee is injured while working at a large industrial facility like DuPont, TXI, Hubble Power Systems, Kraft Foods, Watlow-Columbia Inc., Dana Corp., ABC Laboratories, 3m, Frito-Lay, Pilgrim’s Pride, Sanderson Farms, and many others.

There are many ways employees can get hurt at an industrial facility including electrocution, explosions, burns, crush, falls, and inhalation of poisonous fumes. Sadly, our city has been the home to several examples of all of these types of industrial accidents. This is due to the fact that there is such a large presence of large scale manufacturing and chemical production in this area. Whenever you have such a high concentration of thee types of dangerous elements, an industrial accident is likely to happen.

The main thing to consider in an industrial accident, is that unlike an injury sustained while working for a small company, companies that operate plants and factories of this magnitude have their own legal counsel on staff. When a worker is injured or killed in an industrial accident, these attorneys are put in charge of damage control. They can make it very challenging for an accident victim or their family to get fair compensation.

This is precisely where we can help. Our experienced industrial accident attorneys understand the law, and will not let these corporate giants walk over you.

As with any other type of work-related injuries , industrial accidents are subject to the rules of the Texas Workers’ Compensation Act.

One of the benefits to hiring our industrial accident lawyers following an industrial accident is that we can quickly determine if the employer has workers compensation coverage or not. Once this determination is made, the case can go in diametrically different directions. It is critical in these types of cases to obtain all of the evidence immediately, before the industrial employer has an opportunity to “clean up” the site. Witness statements, pictures, measurements, and video should be obtained immediately following the accident. In most cases, we will partner with an industrial accident who will help us inspect the site where the accident took place before the site is tampered with.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

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Injury & Wrongful Death Lawyers: Flatbed Truck Accident Attorney : Flatbed Trailer Wrecks : Flatbed Trailer Accident Attorney On Trailer Accidents and the Aftermath.

Accidents involving flatbed trailers include all of the danger of accidents involving regular big-rigs and 18-wheelers, but are can often be more dangerous and more deadly. The trailers themselves are generally used to transport large, bulky, heavy or unwieldy cargo that wouldn’t be able to fit inside the regular trailer of an eighteen-wheeler.

All across Texas we have all seen flatbed trailers moving down the highway with cargoes of pre-fab homes, pipes, oil rig parts, windmills blades and bases, and many other materials and goods which weigh thousands of pounds and which can pose a tremendous danger to other motorists and pedestrians in the event of an accident resulting from poor driving, bad conditions or improper loading.

If you or a loved one has been injured in a wreck involving a flatbed trailer anywhere in Texas, you are likely entitled to fair and just compensation for your injuries. A flatbed truck wreck law firm can assist you in receiving that compensation and can help you protect all of your rights.

The flatbed trailer accident attorneys in our firm provide this article by way of information in order to assist you or any victim of the terrible tragedy of being involved in a flatbed trailer accident in deciding what the next step is. In this article we will discuss liability (that is, who is at fault and who can be sued), some obstacles common to the process, and what you should expect to get from your flatbed truck wreck law firms and the assistance available to you. Remember, here at our firm, we can help you protect your rights. For a free consultation regarding your case, don’t hesitate to call our office today.

Who is Liable? Who is at Fault?

Imagine a flatbed trailer wreck scenario involving a major highway, multiple vehicles, injuries and enormous property damage. Who would be at fault; who would be to blame? In the U.S., everyone on the road owes a “Duty of Care” to everyone else. We’ll go into this in depth later, but basically this Duty is to act rationally in any situation so as to prevent harm to others around you. Think of it as a sort of Golden Rule. If someone acts irresponsibly, irrationally or with harmful intent, then they have breached their duty and are the responsible parties in the event of something like a flatbed trailer accident. Think on our scenario then, with multiple factors involved. It could be that one person breached their Duty of Care in the event of an accident, but it also could be that multiple parties breached their Duty and are responsible and ultimately liable, meaning that you can bring a suit against them in order to receive compensation for your injuries. In a simpler case, involving just the truck and yourself, there are still multiple parties who might bear some of the responsibility for the accident and bear the liability as a part of that. If you have been injured in such an accident, then your flatbed accident attorney will compile a list of the most likely parties who might bear liability for what occurred, and should organize an investigation into these parties and into the accident that will thoroughly determine who was or was not at fault.

The most likely suspect and therefore the first party normally investigated is the driver of the flatbed trailer, who you have probably considered as the liable party from the beginning. The very nature of the work that a big rig driver undertakes can take a serious toll on that driver, and the benefits of stretching the rules, and themselves, can often outweigh the negative results. Truck drivers are paid drive for long stretches of time and meet strict deadlines. Just like a worker in an office, the driver might choose to work late to meet that deadline, driving through the night or for long and grueling stretches. It is against the law for a truck driver to drive without occasionally stopping for mandated rests, but even so they can still get exhausted and tired and careless. When a flatbed trailer driver is exhausted or sleepy behind the wheel of a vehicle loaded with thousands of pounds of equipment, however, the dangers are obvious.

Did You Know?

Our firm has been fighting for 18 wheeler accident victims` rights for over 20 years. Call to discuss your case.

The driver is only the first possibly liable party in the event of a flatbed trailer accident, though. In many accident cases such as this, we have found that even if the driver’s unintentional carelessness had some major part in the accident, there could be other liable parties as well, often including the trucking company itself. This is a benefit for you in terms of compensation for the damages, because a truck driver isn’t necessarily a rich person and will most likely not be able to afford the damages for which he or she must compensate you. With the trucking company, however, you will find that they have far more assets and will actually have the funds to compensate you for your injuries. In the state of Texas, the law holds all employers responsible in some part for the injuries their employee does while on the job. This legal doctrine is called respondeat superior, and under it, all employers are liable for the actions their employees take while working. Though it may sound unfair to business owners out there that they can be held responsible for the poor judgment and bad actions of their employees, think about it in this way: would you hire a convicted felon to work in a bank? In the same way, the trucking companies know that they are paying their employees for high-risk work if they drive flatbed trailers, and therefore must be mindful of whom they are hiring, their background, their training, et cetera. Driving a big rig takes a lot of training, experience, and competence, and the trucking company is responsible to hire drivers who won’t cause accidents and injuries while on the job.

The list of potentially liable parties does not stop with the trucking company, however. Every trucking company that uses flatbed trailers has a whole set of companies and contractors who take care of other, ancillary aspects of the job, including manufacturers who make the cargo straps, the flatbed parts or even the engine parts and the anti-lock brakes, the route-planning companies that create detailed routes for the driver, and the company that handles the loading and securing of the cargo on the flatbed. All of these companies and all the employees involved might bear some of the liability for the accident. For example, the route planning company might not update their digital files (often the equivalent GPS databases) and the truck might pass under an overpass without enough clearance room, knocking the cargo off the bed of the truck and injuring or killing other motorists and pedestrians. In that case, the route-planning company would bear serious liability for the accident. You can easily imagine other scenarios where a third party bears liability: a cargo strap breaks, the anti-lock breaks fail, the trailer hitch is not properly secured, or the cargo is improperly loaded and comes loose. These situations will be indications that another party has been negligent and bears the liability for the case. In such situations as this, your flatbed accident attorney should be on hand to help you determine who bears liability and who can be named in the lawsuit. Remember, no one is legally required to automatically pay you compensation for injuries and hospital bills and lost wages. You have to take the initiative and retain the services of an experienced and competent flatbed trailer accident attorney who will help you get the just and fair compensation you deserve.

Some Obstacles for Accident Victims

Bringing a lawsuit against a flatbed trailer driver, trucking company, third party or insurance company without the assistance of an experienced flatbed truck wreck lawyer can be impossible. The legal system is already complicated but in a case like this there are numerous obstacles that will absolutely prevent you from receiving the compensation you deserve. An experienced and competent attorney will be able to help you overcome these obstacles which might undermine and destroy your case. Some of the obstacles you should be aware of when you begin the process of filing a claim after you suffer injuries in a flatbed trailer accident might include: the cargo source (and the third-party liability that comes with it), dishonest drivers, large and protected insurance companies, self-insurance, and the burden of proof.

One reason that our firm provides this article is so that you will have an idea of what you should expect from a case resulting from a flatbed trailer accident. If you have been injured in flatbed trailer accident, then read on to see what some of the obstacles to getting fair compensation are.

The Cargo Source (and the Third-Party Liability that Comes with It)

It might be the case that you don’t even see a flatbed trailer, and that the accident occurs when you collide with or swerve to avoid some piece of cargo lying on the road long after the flatbed trailer carrying the cargo has gone on. In a situation such as this, determining liability can be very difficult for a layman without legal knowledge and experience. To bring a suit to court, you must first determine the identity of the liable parties and therefore must seek out the truck that dropped the cargo in the first place. Cases like this are fairly common. During the loading process, even a small bit of negligence can make a difference when the cargo is many tons. This can happen and some part of the cargo might fall off the truck without the driver even being aware of it. In such situations, a flatbed trailer attorney has access to the investigative teams that can help you determine whose cargo it was that caused the accident in which you were injured.

Dishonest Drivers

Another obstacle, and one that is fairly common as well, is a dishonest driver who will lie to cover up their liability. Remember that the truck driver’s reputation and experience and competent behavior are key to being successful and continuing to find work. There are a lot of drivers out their available to work and a black mark on the record of a driver will often be a determining factor in whether or not they get hired for any jobs. Because of this, the drivers will often try and cover up their mistakes and negligence by lying to protect their interests. It is an all-too-understandable reaction and unfortunate in that their lie might prevent you from receiving the compensation for an injury caused by their negligence. In cases where the driver is negligent and causes injury to another motorist or to a pedestrian, it is a zero-sum game. Someone wins and someone loses. If you have been injured and the driver is lying to cover up their liability, you have a great deal to lose. This is why it is so important to determine liability and to retain an experienced attorney who will be able to see through the lies of the driver.

An experienced flatbed trailer accident attorney will have many methods of getting to the bottom of the case and detecting the truth through the lies of the driver. The first thing will be to gather as much evidence as possible to show that the driver is being dishonest. An example of this is when in one of our many successful cases we used surveillance footage to prove that a truck driver was being dishonest when he claimed that the victim of the accident was driving without headlights at night. Our footage showed that this was not the case. Another way that an experienced lawyer will be able to get to the truth is through a deposition. A deposition allows the lawyer to question the witnesses for the defense before the trail even begins. An experienced and competent lawyer will be able to ask questions that will get witnesses to admit the truth or get caught in a lie. Here at our firm, our legal team has taken thousands of depositions and know what it takes to ensure that your rights are protected before and during the trial. Our goal is to ensure that your side of the story is effectively conveyed before judge and jury and that the truth be revealed about the negligent parties.

Large and Protected Insurance Companies

Perhaps the number one obstacle during a flatbed trailer accident claim is the insurance company. Although television commercials give the impression that insurance companies are fair and selfless, it must be remembered that they are for-profit businesses whose entire business model is to gamble against the chance that their policyholders need to make a payout. In the world of insurance, the big guns are the industrial insurance companies whose policies cover millions of dollars of damages should they occur. As you can well imagine, an insurance company that covers potential damages resulting from an accident involving thousands of pounds of heavy machinery hurtling along at many miles per hour is involved in a serious business. While simple automobile insurance companies might make a fifty thousand or a hundred thousand dollar payout, industrial flatbed trailer insurance companies stand to lose millions. Because of this, the company will go to enormous lengths to prevent that loss by means of denying your claims, pressing you to accept an insultingly low settlement, and more methods that are unethical at best.

With the value of the flatbed trailer accident policies being so high, the insurance companies will have a team of dedicated professionals whose main job is to fight your claim in and out of court. They will have experienced lawyers who have specialized in the field and will know the ins and outs of the technical world of flatbed trailer insurance, they will have a team of adjusters whose goal will be to see the minimum possible payout, and they will have a team of investigators who will try and build a case in defense of what has happened. These investigators are motivated to act in way that the average person would deem unethical and have been known to take actions, which cause even further hardship to the victims of the accidents. You can guarantee that the insurance companies will have their teams in the field within 24 hours of an accident, sifting through evidence, pressuring you to settle, and building a case against you. It’s what they are paid to do and because of the stakes, they are paid well. They have all been hired because they are the best at their job, their job being to deny and prevent damage claims made by other accident victims such as yourself.

Even dealing with the insurance company agents will take its toll on you, adding to the burdens you will already bear through your injuries or those of a loved one. They will have company employees making frequent and aggressive calls to your home, and will attempt during those conversations to get you to let slip that you are not that badly injured and that it might have been your fault. Rest assured that your conversations will be recorded and that they will be intentionally trying to get you to let something slip that might sink your claim. We have known insurance company employees to call many times a day, make personal visits, goad victims and their families into signing harmless looking papers that turn out to destroy a claim, and even visit the hospital where the victim is receiving care. We have had cases where the insurance company adjusters have visited the funeral of an accident victim in an attempt to get the family members to sign away their right to sue the company. Our firm has dealt with nearly every major insurance company in the nation and has twenty years of experience with all of their tactics. The companies recognize our name and understand that when we have been retained that they can’t use unethical tactics like the ones described above. Often our reputation alone can help a company see their way to making a fair settlement.

Self-Insurance

Another major obstacle comes when a trucking company chooses to self-insure rather than purchasing a policy from a major insurance company. Though it might sound like this would mean they have less experience and are more likely to lose the case, dealing with self-insured trucking companies is a lot worse than dealing with a major insurance company. The law requires all trucking companies to insure their trucks, and a portion of them choose to set aside assets for a potential suit rather than paying a yearly premium to a big company. This is completely legal and often will be the smart choice for businesses that don’t suffer any accidents, but with the business of flatbed trailer cargo trucking, the chance of an accident can unfortunately be very high. In the even of an accident, you will be forced to deal with the trucking company lawyers rather than the insurance company team.

The person you will be dealing with at the trucking company when you make your claim will probably be an officer of the company rather than the insurance adjuster you would otherwise have dealt with. This employee will have a serious interest in denying your claim because often times their salary or their bonuses or even their job can depend on how successfully they block your claim. In addition, the tactics of a major insurance company, regardless of how unethical they may look, are still within the law since the company and all its employees are licensed professionals who must face the consequences of their actions should they be discovered. If a traditional insurance adjuster were to use the tactics of the self-insured trucking company officer, they would lose their license permanently. Where the traditional insurance company agents can be aggressive and rude, the self-licensed trucking company agent can be harassing and even threatening. It is unfortunately a common occurrence to have trucking company officials threaten the victims or the witnesses and even to tamper with evidence. Here at our firm, after twenty years of dealing with self-insured trucking companies we know what is involved and we know how to prevent such behavior. Our number one goal is to protect our clients and their interests from behavior such as this and see that they get their fair and just compensation for the injury and damages they have received as a result of a flatbed trailer accident.

The Burden of Proof

Despite all of the previous obstacles, there is in addition a serious legal obstacle for every claimant to overcome in a personal injury or wrongful death claim. That is the Burden of Proof. An underrepresented or non-represented plaintiff is required by law to prove that the defendant is guilty. This may seem unfair, but it is a basic tenant of law in the United States and without it many individuals could be unfairly forced to compensate for someone else’s negligence. The law presupposes that the defendant in any given injury claim is not required to compensate the plaintiff unless the plaintiff shows the evidence that he or she is required to collect by the burden of proof, proving that the defendant is indeed guilty. If the plaintiff does not collect enough evidence or if the evidence they have is not convincing to the jury, then they will receive no compensation. The burden of proof in any case involving injury or wrongful death has four parts that must be proved in order to recover any money for damages and injury.

Duty:

At the beginning of the article we discussed how everyone on the road owes a duty of care to everyone else. We likened it to a version of the Golden Rule. One way of looking at it is determining how a reasonable, rational person would behave in any given situation. Since everyone owes a duty to those around him or her not to do them harm, behaving unreasonably or irrationally in a given situation is considered negligence and determines liability in the case of a flatbed trailer accident. In this situation, the driver might owe the duty, or the trucking company, or the company overseeing the loading, or the route-planners, or even the manufacturers. Breach:

Once you have proven that the defendant owed a duty to you, you must then show that he or she breached the duty of care through negligence by acting in such a way that a reasonable, rational person would not act. This might be as easy as showing that the defendant broke a minor traffic rule, like running a stop sign, or as complicated as showing that a third party company was responsible for loading poorly, therefore breaching their duty through a different kind of negligence.

Causation:

Causation must be proved by showing that the defendant’s actions or the lack thereof were the cause of the harm you suffered. If the load fell out of a truck and another driver swerved to miss it without looking around them and ran into you, then causation might be more complicated, since it appears that several causes were to blame. In this situation, the driver of the truck and the trucking company might not have caused the accident or the resulting injuries at all, rather, a third party and a fourth party caused them. You must prove in court that the defendant in front of you caused the breach in duty.

Damages:

The final element that you must prove if you want a successful completion of your case and the resulting compensation you deserve is the element of damages. By damages we mean the full monetary value of everything you have suffered, from the hospital bills to the property damage to the emotional toll. You will have the hospital bills at hand, hopefully, to show that damage, and the car garage should show your property damage, but it remains to be seen that you suffered emotional damage or other intangible damages like loss of future earnings or loss of earning potential. These less clear damages are difficult to calculate and even more difficult to prove to a jury. For hospital bills and the necessity of treatment, you can always bring in a doctor and physically show the bills to the jury, but for loss of future wages, you are actually dealing with a very important and vital piece of information that can change your whole life. If you can’t return to your normal working potential you will lose more money over the course of your life than you can easily calculate. Have you ever thought about calculating emotional damages? Our flatbed trailer accident attorneys have the years of experience to know how to help you calculate the damages so that you can get the full and just compensation you deserve for your injuries resulting from a flatbed trailer accident.

If you are considering a trial, then it is absolutely vital that you retain the services of a competent and experienced lawyer who knows how to help you get the most compensation you can by helping you prove each separate element in the burden of proof.

Flatbed Truck Wreck Law Firms and How They Can Help

Have you or a loved one been injured or has someone close to you been killed in a flatbed trailer accident? If so, then you should know that here at our firm we will fight for your right to just and fair compensation. We will handle your case from the beginning right through to the end, keeping you completely informed and updated on the process and the each step of the way. Some services that we will offer you in order to help you with your claim include:

If you or a loved one has been injured in a flatbed trailer accident in the state of Texas, then don’t hesitate to contact the our firm for a free consultation and we will begin to build your case today. Whether you suffered as a result of poorly loaded cargo, bad driving, misguided route-planning, anti-lock break failure, or any other aspect of a flatbed trailer accident, don’t hesitate to contact us today. We will fight for your right to receive the full and just compensation you deserve. Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)

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Injury & Wrongful Death Lawyers: Truck Accident Lawyer : Commercial Vehicle Accident Attorney in Texas : Call Our Truck Accident Attorneys if You’ve Been Injured in an Accident With a Commercial Vehicle

Go through Texas and you’ll probably find plenty of law firms that would take on your truck accident case, but there are even fewer who can honestly say they have decades of experience handling 18-wheeler and other commercial vehicle accident cases.

There is an exception. The truck accident lawyers in our firm have been working truck accident litigation for over two decades now prevailed in countless cases.

You’re probably unaware that commercial vehicles are found in many shapes and sizes. We’ve succeeded in personal injury and/or wrongful death claims involving rock haulers, dump trucks, all kinds of construction vehicles, moving vans, buses, tankers and other kinds and shapes of commercial vehicles. Despite the different kinds of commercial vehicles out there, these types of cases have some things in common:

They typically are larger and create additional harm than regular vehicles.

Different laws oversee them than those involving regular cars.

Last but most key: they are owned by huge businesses that will form a stout defense aimed at denying plaintiffs from getting any credible compensation.

We prefer to fight fire with fire. If you want your truck accident case to have the best ability to be successful, you need to retain a law firm that doesn’t just have experience, but the skills, smarts and track record at knocking off the opposition in trial or forcing them to take a fair settlement that they usually would spend loads of effort in avoiding paying.

If you elect to have our firm help you in your truck accident case, you’re obtaining 20 years of experience from qualified lawyers who have prevailed in hundreds of truck accident cases (and thousands of personal injury cases overall) throughout the year.

We’re providing you with this information to help you learn more about the case flow process that’s involved in a commercial vehicle accident case, and discover some of the key issues you’ll encounter in getting a successful recovery.

How Truck Accident Cases Work

Overcoming any accident is difficult, but there aren’t many accidents that cause the same amount of carnage caused by truck accidents. Commercial trucks weigh in excess of 80,000 pounds, so incredible damage happens when they’re a part of accidents. Since truckers receive hourly pay, they tend to work extended hours without breaks, which create more problems with concentration and alertness, plus additional accidents, injuries, damaged property and the occasional death.

Over our two decades in practice, the truck accident lawyers at our firm have been working personal injury litigation concerning trucks, and we realize that victims have a multitude of medical and legal questions they’re seeking answers for after they’ve been hurt or had a family member die in a truck accident. What’s key here is making sure you’ve looked at by a physician after your accident happens. You’re not just needing help for your injuries, but also to make sure they’re officially recorded. If you have no medical insurance at the moment or barely have insurance, we can help you find a doctor who will help you with your financial issues and develop a payment plan that will go along with your budget.

After your injuries have been examined, you need to start thinking about your legal options in getting the compensation for the injuries you’ve incurred. The law doesn’t require that negligent parties have to instantly pay for your injuries. The victim, also referred to as the plaintiff, has the duty to show they deserve to be compensated. Only an experienced truck accident lawyer provides you with the best odds of obtaining the compensation you deserve. Before anything else, our attorneys want to see to it you know about your legal options so you can make the best choices for your family. First, we want to discuss the different parts of truck accident law:

Why you should file a suit.

People who are often liable for truck accidents.

Requirements for a quick and top-notch investigation.

Challenges that will destroy the claims of people who want to self represent.

How a truck accident lawyer can help you.

This article is meant to provide insight, and you shouldn’t use it as a replacement for the legal wisdom obtained from a skilled, veteran lawyer when it comes to your case. To discover how the law matters in your particular case, call us toll free today to obtain answers for your particular questions.

Why You Should File a Truck Accident Injury Lawsuit

Our lawyers know about the incredible emotional and physical trauma caused by truck accidents. Because of our time devoted to this field, we’ve discovered that the majority of truck accident victims are nervous about seeking legal action because they don’t like the idea of putting a price on their injuries and this mess causes them to think back to that awful memory. Filing a claim may be a tough, stressful experience, but we’ll see later in this piece that swift action is necessary to your claim being successful so you have to take quick action after the accident unfolds.

Did You Know?

Out firm has been fighting for 18 wheeler accident victims` rights for over 20 years. Call us to discuss your case.

Using a lawsuit to deal with the harm caused by a truck accident achieves two objectives: the first is that it allows the injured victim to recover from the financial and emotional stress caused by the accident and also punish those responsible for these problems with their negligent choices. No sum of money can take away the pain created by your accident or overlook the harm caused to you mentally, but the fact is that you’ll still have serious financial issues to deal with. The only way your family will return to normal after horrific wrecks like these is to get compensation from who’s responsible. Odds are you’ve missed work due to your injuries, so dealing with medical bills for your injuries and repair costs for your car can be difficult unless you’re aware of who exactly was responsible for your injuries.

The other objective is that a truck accident lawsuit in has the chance to decrease continued negligence by seeing to it those people who caused your accident face justice. People who have lots huge amounts of money in truck accident lawsuits usually won’t make the same decisions again. To make sure you get someone’s attention, you have to hit their bank account.

Common Negligent Causes of Truck Accidents

If you’re trying to figure out who you should sue, the first step is determining how the accident took place and who was accountable. Lots of people play a part in transporting goods by a big rig, so in many truck accident cases for example, more than one person or business may have acted in a negligent fashion that led to or played a part in a accident claims to properly figure out how your accident happened and who all played a part in it. Any amount of negligent parties could have factored into your truck accident: the truck driver, the trucking company, manufacturers of the truck or trailer, the company that maps the truck’s route, the company that loaded the cargo onto the truck and other possible third parties. For instance: Truckers – Truckers spend loads of hours, traveling throughout our highways and interstates and in most truck accident cases, they are usually responsible either completely or partially for the resulting injuries. Truckers can create accidents by acting in negligent ways such as: driving under the influence, speeding, disregarding stop signs, or dangerous swerving. Other times, truck accidents occur due to the driver simply being drained. Federal law requires that trucks take mandatory rest breaks, but the majority of truckers ignore that so that can meet certain specific company deadlines. Studies show that trucks increase their chances of being a part of an accident after eight consecutive hours of driving and 20 percent of truckers say they fell asleep more than once in the month before they participated in a survey. It could have been an accident, or intentionally, but either way – if a trucker’s negligence resulted in an accident that harmed you, then you can pursue a lawsuit against that individual.

Trucking Companies – Texas follows what’s known as respondeat superior, which means that employers can be ruled responsible for the actions of their workers. If the truck driver’s negligence was the cause of your accident, then the trucking company could also wind up being responsible. So if a truck driver, for example, had several prior DUI convictions and was liable for another accident while smashed, then the trucking company would definitely be responsible for any injuries stemming from the accident.

It’s important to realize the trucking company doesn’t have to behave negligent to be ruled responsible for the poor actions of its truck drivers. So, as long as the truck driver is deemed negligent, a lawsuit can be pursued for damages from the trucking company. The majority of the time the trucking company is the defendant victims want damages from due to their access to far more assets.

Manufacturers – Trucks and trailers are constructed by tons of tiny parts, all bolted and fit together to make sure the vehicle moves safely. If any of these parts doesn’t perform like they’re supposed to while the truck is operating, then an accident can occur. If this issue was because of a design defect or manufacturing error and an accident takes place, then anyone hurt in the accident has the option to be compensated by the manufacturer.

The Company that Planned the Route – Many times, the company that makes the cargo has no problem with the loading, but there are occasions when other businesses assume that responsibility. If the company that loaded the cargo did so in a poor manner, this can lead to an accident create injuries that the company would be responsible for. Cargo in 18-wheelers is limited to an 80,000 pound weight limit, but many businesses attempt to transport additional goods at a lower cost by disregarding this rule. Weight limits are established for a purpose because an overloaded truck has a far greater potential to topple when an accident happens.

When the company loading the cargo onto the trailer doesn’t fasten it down right, the cargo can become loose during travel, causing a load shift that overturns the trailer and leads to an accident with other vehicles. When you’re talking about flatbeds, cargo that’s loaded bad can crash onto the road and cause sudden panic for numerous unsuspecting drivers who are driving behind the truck.

Other Drivers – It’s dangerous to think that since another truck was part of an accident that that means the trucker or the actual truck was responsible. Sometimes other drivers ignore their duty to keep other drivers safe on the road, and a truck accident suddenly unfolds, causing further damage and injuries to more drivers. When this happens, the victims can pursue damage from this third party.

Any of these parties or combinations of numerous ones could have partially or totally been responsible for the truck accident that harmed you. You need the help of a qualified truck accident lawyer who can figure out the cause and off the key defendants, so you can receive the compensation you’re rightfully owed from all the key parties who hurt you with their negligence.

Prompt Investigation Is Key

If you want to get all the important evidence to identify all the key parties and prove your case properly after being hurt in a truck accident, then it’s important to do a quick and first-rate investigation. Numerous parties could have played a part in the wreck that injured you, so a diligent investigation will be done to figure out who’s at fault and their specific degree of negligence. It’s essential to locate proof to make the jury be swayed in your favor and rule for you, and evidence begins to disappear promptly after an accident. You need to have your truck accident lawyer searching for evidence immediately if you can. Every day you hesitate and don’t get a trustworthy lawyer the more permanent damage you’re inflicting on your case because the proof you want is disappearing – witnesses can relocate or their memories become fuzzy, videos will be copied over or deleted and the accident scene will evolve as well.

The truck accident lawyers in our firm have invested two decades in become experts at how to investigate accident scenes. Once we’re hired we go to the accident, free of charge to clients, so we can look for any evidence that strengthens our client’s case. We do what’s needed to discover the truth – securing and searching for all the mandatory vehicles, getting photos, searching for video evidence, scouring police records, taking measurements between skid marks and where the vehicles collided, conducting forensic tests, spotting and talking to witnesses and getting any other credible evidence that can be used later in court.

You need to understand you’re probably already well behind the case and investigation that’s been done by the defense. What happens is generally the trucking or insurance company quickly sends their investigators to the accident scene not long after the trucker phones it in. The defense investigators aren’t concerned with how the accident happened; they just want evidence that backs up that your injuries were a result of your own negligence. If you don’t have your truck accident attorneys at the scene undertaking their own investigation, you’ll not be able to see if there was any evidence tampering or if the defense’s investigation was done in an honest manner. If they can locate evidence that proves your negligence, then they can reject your insurance claim if they can show you were completely at fault, or have the damages lessened if they can show your negligence was a contributing factor.

One case we recently handled illustrates why you need to do a speedy and thorough investigation. In this matter, our firm was hired by the driver of an SUV after he was a part of a night time accident involving an 18-wheeler. The trucking company was trying to say our client had no headlights installed in his vehicle when the accident happened. Once we began working the case, our client’s totaled car had been removed from the accident scene and towed to a nearby salvage yard. When our attorneys located the car at the junkyard, they saw it definitely had no headlights. We were concerned about our client being able to get any compensation, but at that moment our investigators saw a surveillance system in the salvage yard and managed to secure some video footage. We were fortunate, because this exact system was designed to record over its memory every 48 hours and we managed to get our hands on it before it was erased. The video revealed a worker from the trucking company coming in late at night, then illegally taking the headlights out of the car and leaving the premises with them. Once the trial started and the trucking company’s defense council attempted to say our client’s car had no intact headlights, we had physical evidence that serve as proof of the deception taking place and managed to get compensation for our client. If our client had waited much longer to hire us, the video would have been missing, the chances of receiving restitution would have ended and the trucking company would have managed to get away with felonious evidence tampering.

Our attorneys regularly encounter such lies and deception when it comes to truck accident cases, so you need to hire a lawyer and let them begin a speedy and thorough investigation as fast as possible. Sometimes there’s still a chance for our investigators to find the necessary proof well after an accident occurred, but the faster we can start an investigation, the better odds we have of securing the proof needed to get the compensation you deserve. Don’t hesitate any longer in discussing your case with a truck accident lawyer.

Common Obstacles Plaintiffs Must Overcome

You may have filed an insurance claim after your everyday car wreck, but that doesn’t instantly qualify you to work a truck accident lawsuit by yourself. Trucking insurance policies are deemed 50 times more expensive than a normal auto insurance policy. Due to the enormity of these insurance policies, litigation to handle truck accidents is way more complex than what you’ll find in normal passenger car cases. Plaintiffs who attempt to save money on lawyer’s fees by handling their own case eventually cost themselves financially with lessened or totally denied compensation. People with no legal experience and lawyers fresh out of school wind up confused and puzzled when they attempt to file lawsuits following truck accidents because of many factors: showing the burden of proof, the huge size of insurance policies, companies that choose to self insure and truckers who lie.

Burden of Proof

Defendants don’t have to immediately pay you a dime after you’ve been injured in a truck accident, the law states, unless you as the plaintiff are able to prove they need to.If you want to get the fair restitution you deserve for your injuries, you’ll have to submit rock solid, credible evidence. Even when other types of negotiation are used to deal with a claim, evidence still needs to be submitted so the defense or insurance will work in good faith. You’ll have to show each of these four elements in a trucking accident case: Duty – The first part of this long arduous process is having to show the defendant owed you a duty to maintain your safety by acting appropriately. The legal duty of care is set for certain issues and for each person – all based on the specifics of their relationships. In truck accident cases, showing this element is pretty easy, since every motorist has to operate their vehicle in a fashion that appropriately makes sure other drivers are kept safe, along with pedestrians and passengers on the road.

Breach – The next step if you’re hoping to prove your case is that you’ve got to show the defendant or defendants violated the duty of care you were owed. This happens when the defendant endangers others with actions that regular people wouldn’t have done, or inaction when regular people would be expected to take action. You’ll have to obtain evidence that proves the defendant ignored his or her legal duty of care through action or remaining inactive in hopes of proving this breach of duty happened. That’s why you’ll need a truck accident lawyer who knows how to use the evidence to properly persuade a jury that the defendant or defendants acted wrongly.

Causation – Along with being able to prove the defendant’s breach of a legal duty, you’ll also have to show your injuries were a result of this duty being broken. Keep in mind that several parties could have played a role or been completely responsible for a trucking accident, so it requires very solid, credible evidence to persuade a jury that a causal relationship existed between the defendant’s breach of their obligation to you and the resulting harm you sustained. If you can’t do this, then what will happen is the defendant will rip your case apart by moving the blame over to another individual for your injuries. Many times, the defendants tend to avoid blame by shifting attention to the victim for creating their own injuries with their negligence.

Damages – Once the first three parts have been established for a successful truck accident lawsuit, you finally have to show the damages the defendant owed for the injuries you’ve sustained. In the legal world, damages aren’t about your injuries and your property damages. Damages, in this case, refer to the compensation owed by the defendant due to the harm they’ve created. The plaintiff can pursue damages for medical expenses, lost wages, pain and suffering, lost earning capacity, damaged property and other losses that happened in the accident.

The challenging issue here is that you can’t just ask for compensation you feel you deserve from the court and assume you’re entitled to it. No, you’ve got to show evidence that doesn’t just include your losses, but also how you compiled the monetary value of those damages. Many times, defendants will contest the total amount of compensation the plaintiff is requesting and will come back with their own amount of damages owed that will shrink the monetary value of harm incurred by the plaintiff. If you hope to show the defendant attempted to short-change their damages, you have to provide inarguable proof that your numbers are spot on.

What is the true value of my case? Damages like pain and suffering or loss of earning capacity can wind up being subjective and open for debate, which means that damages can be very complicated for inexperienced people to deal with. It’s difficult compiling a price for issues like pain and suffering or determining lost earning capacity by including the potential value for raises and inflation. In court, you’ll only have one opportunity to total the amount of compensation you’re after. For the past 20 years, our truck accident lawyers have been totaling damages, and we have gained plenty of comfort by litigating cases similar to yours and we know how to include all your losses and come to an estimation of compensation that adequately provides restitution you’re after.

If you’re unable to show any of these four elements, you can guarantee yourself that you won’t receive the compensation you’re seeking for the injuries you’ve sustained. You need the help of truck accident lawyers – definitely if you head to trial. All the years of litigating truck accident cases has allowed our lawyers to discover how to build a strong legal strategy to meet the burdens of proof and convince a jury to rule for you.

Enormous Insurance Policies

Federal regulations demand that trucking companies secure enormous insurance policies to guard against accidents, injuries and fatalities that happen because of doing business with big rigs. For this reason, lots of people incorrectly think they’ll be able to receive quick compensation and not deal with more problems. Many times that just doesn’t occur. Since insurance policies for trucks are deemed 50 times more expensive than those pertaining to regular vehicles, the insurance companies will usually spend 50 times more resources and energy to safeguard those policies for their trucks.

With all that’s at stake, insurance companies resort to help from their most qualified and savviest insurance adjusters to handle these settlement negotiations. You’ve probably never had to work truck accident claims, but these adjusters are the elite in their world and deal with these claims on a consistent basis. There’s no one on their level when it comes to taking an accident victim, and manipulating them when they’re in a state of shock. Keep in mind, these victims are quick to trust their friendly local insurance agents. These insurance agents give off a fake friendship and try to get the victim to believe they just want to assist them with getting compensation. First off, though, they’ve got to answer some simple questions. The fact is they don’t want to assist them; they just want to improve company profits and turn down their claim. Next, they bombard you with nonstop questions that simply re-word the same statements, non-stop, in hopes of getting you to screw up and confess you were at fault for your own accident. If they can achieve this, then they can get your claim turned down. The less communication you have with the insurance adjuster, the better, so hire a veteran truck accident lawyer and allow your legal counsel to deal with those belligerent questions from insurance adjusters. We attempt to always advise clients that you shouldn’t interact with workers from an insurance company without any lawyer there serving as a buffer. If you hire our firm, our lawyers will assume control of all conversations involving the insurance company and safeguard you from any opportunity for you to admit any wrongdoing.

Sometimes aggressive adjusters will even try to get accident victims to void their right to sue, and as a result will provide them with a paltry settlement offer. It’s good to not want to be involved with the pain and unknowns that come with a jury trial, but you also don’t want to take an offer that doesn’t adequately assist you for the harm you’ve sustained. Only a lawyer with years of success can make the insurance policy provide an honest settlement, because they’re worried about losing more money in trial.

The insurance company will also attempt to dodge liability for your injuries by employing a talented defense team that will attempt to locate legal loopholes and procedural obstacles that will cause inexperienced plaintiffs to hurt their own chances of obtaining compensation. You need a qualified truck accident lawyer who can fight back against the attacks developed by the defense team. Our lawyers have been granted millions of dollars from every well-known insurance company around the nation, and we’ve discovered how to figure out what they may try and do.

Self-Insured Companies can Be More Treacherous

When they don’t buy regular insurance policies, some trucking companies choose to set aside a portion to devote to for insurance when accidents occur. The federal government is regulated by the insurance agency, which states that all businesses must be registered, adjusters get licenses and ethical standards be adhered to. Self-insured businesses, however, don’t encounter the same rules and guidelines. Because of that, self-insured companies have gained an unfavorable reputation for behaving improperly and causing problems for negotiations. When you deal with one of these companies and are attempting to negotiate a settlement, you’ll have to work with an official from the company. When you realize this work probably gets some of their income from a type of profit sharing, they have more than enough motivation to get your claim rejected. This worker would be basically providing you with some of their paycheck if they allowed you to get the fair restitution you deserve. With their paycheck on the line, self-insured companies will make sure their interests are more considered than the victims’ and won’t hesitate to use such actions as bullying witnesses, evidence tampering or even threatening victims.

If a self-insured company has attempted to bully you or harass you somehow, then you can make sure this stops with the assistance of a truck accident lawyer. The second we’re retained, our lawyers can get the self-insured companies to work in good faith the threat of legal action.

Truckers Can’t Be Trusted

We always want to believe that people are honest and forthright, but the truckers who harm you with their negligence have plenty of reason to choose to lie. If a trucker has been deemed to have harmed others while driving in a negligent fashion, then they will likely be pink-slipped in no time, if they haven’t been fired already. Moreover, a negligent trucker will discover that it’s virtually impossible to land another job with such an awful black mark like that on their record. When you consider the job market and state of the economy, many basic upstanding and honest truckers will resort to lying to protect their jobs and managed to take care of their families. To get the compensation you want, you’ll have to prove the trucker was engaged in lying.

Our truck accident lawyers have grown in investigating and finding the pertinent evidence in spotting the trucker’s unethical behavior. We will take apart the trucker’s credibility with all the key evidence that will destroy his or her lies.

In the same fashion that insurance adjusters will try to influence victims into confessing their own negligence with incessant questions, our truck accident attorneys will form a series of questions for the deposition with the purpose of making the trucker slip up and admit their own lie. The truck accident lawyers at our firm have deposed several thousand witnesses during the last 20 years, and we know how to develop the proper questions to show exactly what the trucker is trying to do.

How We Can Help

If you’ve been harmed or a family member has died in a truck accident in, you need to hire a truck accident lawyer to guard your legal rights and give you assistance for the help you deserve. From the first steps in the process to when the final resolution is announced, our lawyers handle every facet involved in your case and we’ll make sure you are kept abreast about the latest developments when they happen.

Chances are the defense has already concluded its investigation and concluded its case against you. By hesitating in obtaining a lawyer, you are creating tremendous damage to your ability in receiving the restitution you’re owed. Call us today for a free consultation and to discover how we can help you like countless other Texans. Some of Our Most Recent Successful Cases $100,000.00 Recovery – Motorcycle Accident (Broken Femur)(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.

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18-Wheeler Accident Attorney : Commercial Vehicle Accident Injury: Hurt in an Accident With an 18-Wheeler? Our Lawyers Can Assist You in Your Claim or Lawsuit

There are plenty of lawyers throughout Texas who would work your 18-wheeler accident case, but there are very few with loads of experience handling 18-wheeler and other commercial vehicle accident cases.

One firm stands out from the rest. The 18-wheeler accident lawyers in our firm have handled 18-wheeler accident litigation for the past 20 years and have won countless cases, many for clients.

You probably are unfamiliar with this subject. Realize early on that commercial vehicles come in many forms. We have prevailed in litigating personal injury and/or wrongful death claims that include rock haulers, dump trucks, all forms of construction vehicles, moving vans, buses, tankers and other types and shapes of commercial vehicles. Despite all the different kinds of commercial vehicles, these types of cases share some similarities:

They tend to be larger and cause far more damage than normal vehicles.

Different laws pertain to them than those involving normal cars.

Last, but most important, they are owned by big, successful, corporations that will form an aggressive defense intent on keeping plaintiffs from getting proper compensation.

We have no problem with approaching cases with a fight fire with fire mentality. If you want your 18-wheeler accident case to have the best opportunity for success, you need to hire a law firm that has a combination of experience, talent, wisdom and the history of defeating the opposition in trial or persuading them to go for a fair settlement they generally would have spent tons of time in avoiding paying.

Once you hire our firm to assist you in your 18-wheeler accident case, you are gaining two decades worth of experience from talented lawyers who have won countless 18-wheeler accident cases (and thousands of successful personal injury cases overall) over time.

What we’re seeking here is the chance to give you more details that will help give you more knowledge about the case-flow process involved in a commercial vehicle accident case, and discover some of the key problems you’ll face in a successful recovery.

How 18-Wheeler Accident Cases Work

Handling any accident isn’t easy, but not many are on par with the devastation that can be created by 18-wheeler accidents. Commercial trucks can be in excess of 80,000 pounds, so immense damage occurs when they’re a part of accidents. Due to truckers getting paid hourly, they tend to work loads of hours without any breaks, but that causes further problems with concentration and remaining awake, plus more accidents, injuries, property damage and even death.

Over our 20 years of practice, the 18-wheeler accident lawyers at our firm have been handling personal injury claims involving 18-wheelers, and we know how victims will countless medical and legal questions they’re searching for answers for after they’ve been injured or had a family member die from an 18-wheeler accident. What’s essential here is seeing to it that you’re examined by a physician after the tragedy. You don’t need to just get treatment for your injuries but also see to it they’re officially documented. If you have no medical insurance or barely just enough, we can help you in locating a doctor who will factor in your financial burdens and form a plan that will be best for your budget.

After your injuries have been looked at, you need to begin thinking about your legal choices for getting compensation for the harm you’ve sustained. The law doesn’t demand that negligent parties instantly pay you for your injuries. The victim, who we also call the plaintiff, has the responsibility to show they should be assisted. Only an experienced 18-wheeler accident lawyer gives you the best ability to receive the compensation you need. Our lawyers want to make you aware of your legal options so you can make the best decisions possible for your family. First, we want to talk about the different parts of 18-wheeler accident law:

This piece is intended to provide insight, and you shouldn’t use it as a replacement for the legal expertise of an experienced, skilled attorney when it concerns the particular details of your case. To learn more on how the law deals with the specifics of your case, call us to get the answers for your specific questions.

Why You Should File an 18-wheeler Accident Injury Lawsuit

Our lawyers know about the overwhelming emotional and physical pain caused by 18-wheeler accidents. Because of our extensive experience here, we’ve seen that most 18-wheeler accident victims are skeptical in seeking legal action because they don’t like the notion of establishing a price for their injuries and this ordeal makes them revisit that awful experience. Filing a claim is an agonizing, stressful experience, but we’ll discover later in this article that speedy action is key to your claim’s success so you need to move immediately after the accident.

There are two goals that can be achieved when you turn to a lawsuit for the harm created by an 18-wheeler accident: the first is that it lets the injury victim heal from the financial and emotional pain stemming from the accident and it also punishes the people responsible for this tragedy with their negligent actions. No amount of money can remove the damages created by your wreck or erase the harm from your psyche, but the truth is that you still have major financial burdens to deal with. The only manner in which your family can get back on the right path after such an incident is to receive compensation from who was responsible. Chances are you’ve probably missed work because of your injuries, so covering medical expenses for your injuries and repair costs for your vehicle can be impossible unless you can determine the party or parties responsible for your harm.

The other goal is that an 18-wheeler accident lawsuit provides the ability to lessen further negligence by punishing those responsible for your accident. People who’ve lost considerable income in 18-wheeler accident lawsuits tend to not make the same mistake twice. To get anyone’s attention, you’ve got to aim straight for their wallet.

Common Negligent Causes of 18-wheeler Accidents

If you want to determine who you should sue, the first step is figuring out how the accident happened and who was responsible. Many people are involved in how goods are transported by an 18-wheeler, so in many 18-wheeler accident cases for instance, more than one party may have acted negligently and caused or played a role in the cause of an 18-wheeler accident. A veteran 18-wheeler accident lawyer can turn to previous lessons obtained from years of trying 18-wheeler accident claims to adequately determine the cause of your accident who all is responsible. Any number of negligent parties could have played a role in your 18-wheeler accident: the truck driver, the business he/she works for, manufacturers of the 18-wheeler or trailer, the company that mapped the route, the company that loaded the truck, and other third parties. For example: Truckers: Truckers devote countless hours on our highways and interstates and in most 18-wheeler accident cases, they are liable either completely or partially for injuries. Truck drivers can create accidents with such negligence as driving under the influence, speeding, flying through stop signs or dangerous swerving in and out of lanes. Other times, 18-wheeler accidents occur due to simple driver exhaustion. Drivers must take regular brakes, according to federal law, but the majority of truckers ignore this so they can follow company deadlines that have been established. Studies show that truckers increase their chances of winding up in accidents after eight consecutive hours of driving and 20 percent of truckers have said they fell asleep more than once in the month before they were surveyed. It could have been just by accident, or a willful act, but either way – if a trucker’s negligence caused an accident that harmed you, then you can seek a lawsuit against that individual.

Trucking Companies: Texas follows what’s known as respondeat superior. What’s that, you’re wondering? Basically, it just means employers can be accountable for the actions of their workers. If the trucker’s negligence was what caused your accident, then what you need to know is that the trucking company would also be responsible. So if a trucker has tons of other DUI arrests and was liable for another accident while intoxicated, then the trucking company would be responsible for any injuries stemming from the accident.

You need to understand the trucking company doesn’t have to be negligent on its own to be found accountable for the bad behavior of its truck drivers. So, as long as the trucker is found negligent, a lawsuit can be pursued for damages from the trucking company. The majority of the time the trucking company is the defendant victims want to get damages from since they have considerably more resources than those of truckers.

Manufacturers: Truckers and trailers are developed from thousands of tiny parts, all bolted and put together so that the vehicle works properly. If any of these parts don’t perform like it’s supposed to while the truck is moving, then you can count on an accident happening. If this problem was because of a design problem or manufacturing error and a wreck unfolds, then anyone hurt in the accident has the chance to get compensated by the manufacturer.

The Company that Planned the Route: Truckers can’t go down every road and travel through any neighborhood, and many bridges also include numerous height and weight restrictions. Just so they can make sure everyone stays safe, trucking companies will regularly turn to another business to develop and map out routes. If this company maps a course that proves to be unsafe and harmful for 18-wheelers, then a lawsuit can be pursued against that party.

The Company that Loaded the Cargo: Many times, the business that has the cargo is able to load it, but many times other businesses carry that responsibility. If the business that loaded the cargo wound up doing it in an improper manner, this can lead to a wreck and create injuries that a company would be responsible for. Cargo in 18-wheelers faces an 80,000-pound limit, but what happens a lot of time is companies attempt to transport additional goods at a smaller cost by disregarding this rule. Weight limits are established for a purpose because a truck that’s overloaded has a great ability to topple when an accident happens.

When the company that puts the cargo on the trailer fails to secure it, the cargo can become loose, causing the load to shift and thus overturning the trailer and causing an accident with other vehicles. When you’re involving flatbeds, cargo that’s not loaded well can crash onto the road and cause intense panic for numerous drivers trailing the big rig.

Other Drivers: Another truck may be a part of accident, but it’s critical not to assume that the truck or trucker was at fault. What happens here is sometimes others ignore their duty to keep others safe on the road, and a 18-wheeler accident happens, causing further damage and injuries to more drivers. When you see this, the victims can pursue damages from this third party.

Any of these parties or numerous groups of them could have totally or partially caused the 18-wheeler accident that hurt you. You need the help of a qualified 18-wheeler accident lawyer who can discover the cause and all of the key defendants, so you can obtain the compensation you need from all the key parties who hurt you with their negligence.

Prompt Investigation Is Critical

A quick and well-done investigation is essential if you want to get all the important evidence that determines all the critical parties and proves your case properly after you’ve been harmed in an 18-wheeler accident. Numerous individuals could have been a part of the accident that harmed you, so a thorough investigation needs to be done to figure out who all is responsible and their degree of negligence they displayed. It’ll be essential to obtain proof to get the jury to be swayed in your favor, and evidence will begin to disappear promptly following an accident. You need to get your 18-wheeler accident lawyer on the trail of evidence as soon as you can. Every day you hesitate to get a lawyer you find trustworthy, you are causing further damage to your case since the proof you need is evaporating – witnesses can relocate or have foggy memories, videos will be changes and the accident scene will change physically.

The 18-wheeler accident lawyers at our firm have spent two decades improving and becoming the best at learning how to investigate accident scenes. Once we’re hired we dart to the accident scene, free of charge to you, so we can look for any evidence that assists our client’s case. We do whatever we need to to discover the truth – getting and searching for all pertinent vehicles, taking photos, searching for video evidence, looking at police records, getting measurements between skid marks and where the vehicles collided, conducting forensic tests, finding and talking to witnesses and obtaining key evidence we can rely on later in trial.

You need to know right now you’re likely working from behind when it comes to the investigation and case being developed by the defense. What tends to happen is that the trucking or insurance company sends their investigators swiftly to the accident scene once the trucker calls it in. The defense investigators don’t arrive thinking about how the accident occurred; their objective is to get evidence that shows your injuries were a result of your own poor negligence. If you don’t have your 18-wheeler accident attorneys at the scene doing their investigation, you won’t have the ability to discover if there was evidence tampering or if there was an ethical investigation conducted. If they are able to land evidence that supports your negligence, then your insurance claim can be rejected once they’re able to prove you were completely liable, or get the damages owed lessened if they can prove your negligence was a contributing factor.

One case we recently handled is a great way to explain the importance of a fast and thorough investigation. In this matter, our firm was hired by a man who was involved in an accident at night with a big rig. The trucking company was trying to tell us our client was driving without headlights in his vehicle when the accident happened. After we were hired, our client’s demolished car had been transported from the accident and to a nearby salvage yard. When our attorneys found the car at the junkyard, they saw it was missing its headlights. We were concerned about our client being able to receive compensation; our investigators discovered a surveillance system mounted in the yard, so they managed to secure video footage. We were fortunate, because this specific system was going to record over its memory every 48 hours and we got there shortly before it was deleted. What it revealed was alarming: a worker from the trucking company snuck in late at night, then illegally took out the headlights and left the premises with them. Once the trial happened and the trucking company’s defense team tried to claim our client’s car didn’t have headlights, we had actual proof of their deception and obtained compensation for our client. If our client had hesitated much longer to hire us, the video would have been useless, the chances of getting restitution would have been damaged and the trucking company would have managed to commit felonious evidence tampering.

Our attorneys regularly encounter lies and deception such as this in 18-wheeler accident cases, so you need to hire a lawyer and let them begin a speedy and thorough investigation immediately. Sometimes our investigators are able to find pertinent evidence long after the accident unfolded, but the faster we start an investigation, the better odds we have of obtaining the proof required to get the compensation you’re seeking. Don’t hesitate more in discussing your case with an 18-wheeler accident lawyer.

Common Obstacles Plaintiffs Must Overcome

You may have filed an insurance claim after a regular car accident, but that doesn’t qualify you to be able to work an 18-wheeler accident by yourself. Trucking insurance policies are deemed 50 times more expensive than normal auto insurance policies. Due to the tremendous size of insurance policies, litigation to handle Texas 18-wheeler accidents are far more complex than what you’ll discover in an everyday passenger vehicle case. Plaintiffs who attempt to save additional money by handling their own case just cost themselves even more with decreased or compensation that’s altogether denied. People have no legal experiences and lawyers fresh out of school wind up frustrated and puzzled when they file lawsuits after 18-wheeler accidents because of multiple issues: showing the burden of proof, the size of insurance policies, companies that go with self insurance and truckers who have to lie.Burden of Proof

The law doesn’t require that the defendant or defendants give you a dime after you’ve been injured in an 18-wheeler accident unless you as the plaintiff can show they need to. If you want to obtain the proper restitution you need for your injuries, you’ll have to provide rock-solid, key evidence. Even when other types of negotiation are incorporated to work a claim, evidence must be used to cause the defense or insurance company to work in good faith. You’ve got to show each of these four factors of an 18-wheeler accident case: Duty: The first thing is that you need to show the defendant owed you a duty to guarantee your safety by behaving reasonably. The legal duty of care is established for certain issues and for each person depending on their relationships. In Texas 18-wheeler accidents, meeting this requirement is clear cut, since every motorist has to operate their car in a fashion that properly safeguards other motorists, pedestrians and passengers on the road.

Breach: If you want to be able to prove your case, the next step is showing that the defendant or defendants violated the duty of care you were owed. This happens when the defendant endangered others with behaviors that normal people wouldn’t have done, or inaction when regular people would wind up doing something. Here, you’ve got to secure evidence that proves the defendant violated his or her legal duty of care by action or standing still in hopes of showing this duty happened. That’s why you’ll need an 18-wheeler accident lawyer who knows how to get the right evidence to convince a jury that the defendant or defendants action improperly.

Causation: Besides being able to show the defendant’s breach of a legal duty, you also need to show that your injuries were a result of this duty being broken. Since other parties could have played a role or been totally accountable for an 18-wheeler accident, it takes solid, strong evidence to persuade a jury that a relationship existed between the defendant’s violation of his/her responsibility to you and the harm you sustained from the accident. If you can’t do this, then the defendant can destroy your case by switching blame to another individual for your injuries. Many times, the defendants tend to avoid blame by putting the attention on the victim for creating their own injuries with their negligence.

Damages: Once the first three parts have been proven in a successful 18-wheeler accident lawsuit, you then have to show the damages the defendant owed for the injuries you’ve sustained. When talking about damages, this term isn’t dealing with injuries and damaged property. Instead, it’s a reference to the compensation the defendant owes for harm they’re responsible for. The plaintiff has the ability to seek damages for medical expenses, lost wages, pain and suffering, lost earning capacity, damaged property and other losses involved in the accident.

The difficult part is that you can’t just ask for compensation you believe you deserve from the court and think you’ll obtain it. No, you have to submit evidence that doesn’t just reveal your losses, but also how you compiled the monetary value of those damages. Many times, defendants will debate the total compensation the defendant has requested and will come back with their own amount of damages owed that will decrease the monetary amount of harm sustained by the plaintiff. If you’re seeking to show the defendant attempted to short-change their damages, you have to submit evidence that your numbers are spot on.

What is the real value of my case? Damages like pain and suffering or loss of earning capacity are very subjective and open for debate, compiling damages can be complicated for inexperienced people who are involved. It’s difficult to figure a price for something like pain and suffering or figuring or trying to guess lost earning capacity by including the value of possible raises and inflation. In court, you’ve got one opportunity to compile the amount of compensation you’re wanted. For 20 years, our 18-wheeler accident lawyers have been totaling damages, and we have gained enough familiarity working other cases like yours to learn how to include all your losses and develop an estimation of compensation that adequately provides the restitution you want.

If you’re unable to show any of these four parts, you can bank on not getting the compensation you’re after for the injuries you’re dealing with. You need the help of an 18-wheeler accident lawyer – especially when you head to trial. All the years spent devoted to 18-wheeler accident cases have allowed our lawyers to discover how to form a strong legal strategy to meet the burdens of proof and convince a jury to rule on your behalf.

Enormous Insurance Policies

Federal regulations state that trucking companies must have huge insurance policies to shield against the accidents, injuries and deaths that happen when you do business with 18-wheelers. Due to that, many people improperly assume they’ll have the chance to secure compensation and not worry about anything. Much of that time that just doesn’t occur. Since insurance policies for 18-wheelers are 50 times costlier than those found with regular vehicles, the insurance companies typically spend 50 times more resources and energy guarding those policies for their big rigs.

With everything you’re dealing with, insurance companies fall back on their most qualified and savviest insurance adjusters to handle these settlement negotiations. More than likely you’ve never dealt with an 18-wheeler accident claims, but these adjusters are the elite in their world and work these claims on a consistent basis. They can’t be contested when it comes to tricking an accident victim and their initial state of shock, plus their easy tendency to believe their local insurance agent. What happens is they give off a friendship that’s really fake and try to get the victim to believe their intention is to help them receive compensation. First off, they’ve got to answer some normal, simple questions. In reality, they have no desire to help them; they just want to boost company profits and get your claim turned down. Next, they bombard you with numerous questions that simply just take the same statements, then re-word them, nonstop in hopes of getting you to screw up and say you were responsible for your own accident. Once they manage this, they can get your claim rejected. It’s best to have as little communication with the insurance adjuster as possible. You need to hire a veteran 18-wheeler accident lawyer and allow your lawyers to take care of the incessant questions from insurance adjusters. We attempt to advise clients that you shouldn’t communicate with a worker from an insurance company unless an attorney is there and serving as a middleman. If you hire our firm, our attorneys will handle all conversations involving the insurance company and protect you from accidentally admitting your responsibility.

Sometimes aggressive adjusters will try and get accident victims to wave their rights to sue, and as a result provide them with a low-ball settlement. It’s a positive to not want to handle the stress and uncertainty that accompanies a jury trial, but you also don’t want to accept an offer that doesn’t adequately help you with the harm you’ve sustained. Only a lawyer with lots of success can get the insurance company to deliver an honest settlement, since they’re worried about losing more money in trial.

The insurance company will attempt to duck liability for your injuries by using a veteran defense team that will try and discover legal loopholes and procedural hurdles that will lead to unqualified plaintiffs hurting their chances of landing compensation. You need a qualified truck accident lawyer who can counter the attacks developed by defense specialists. Our lawyers have been granted several million dollars from every big-time insurance company around the nation, and we’ve discovered how to anticipate what they’ll attempt to do.

Self-Insured Companies can Be More Treacherous

Instead of buying regular insurance policies, some trucking companies will split up an amount and use it as insurance when accidents take place. The federal government is regulated by the insurance agency, which mandates that all businesses be registered, adjusters get licenses and ethical standards be adhered to. But self-insured businesses don’t have to be concerned with the same restrictions and ethical rules. Due to that, self-insured companies have gained a less than pleasant reputation for behaving unethically and messing up negotiations. When you work with one of these businesses and are attempting to negotiate a settlement, you’ll have to work with an officer from that company. If you realize this worker likely gets their paycheck from some kind of profit sharing, they have many reasons to reject your claim. This worker would be handing over some of their income if they allowed you to receive the restitution you are owed. With their income on the line, self-insured companies will make sure their interests are protected ahead of the victims and will use such awful tactics as bullying witnesses, altering evidence and threatening victims.

If a self-insured company has attempted to bully you or harass you in any way, then you can get them to stop with the assistance of an 18-wheeler accident lawyer. Once we’re hired, our lawyers can make sure the self-insured companies work in good faith and even turn to threatening legal action if we need to.

Truckers Can’t be Trusted

We always want to assume people are nice and upstanding, but the trucker who harmed you with their negligence has plenty of reasons to lie. If a trucker has been deemed to harm others while driving negligently, then he or she will be getting pink slipped shortly, if they haven’t been fired already. Moreover, a proven negligent trucker will find it virtually impossible to land another job with such a mark as that on his or her record. When you consider the job market and economy, many simple honest and decent truck drivers will resort to lying to save their jobs and be able to help their families. To get the compensation you want, you’ve got to show the trucker was lying. Our 18-wheeler accident lawyers have learned how to investigate and find the key evidence that prove the trucker was behaving in a negligent manner. We will take apart the trucker’s credibility in a manner that will show their lies.

Just like the insurance adjusters did when they tried to get victims to slip up and confess their negligence with countless questions, our 18-wheeler accident attorneys will form a litany of questions for the deposition with the goal of making sure the trucker exposes their own lies. The 18-wheeler accident lawyers at our firm have deposed thousands over the last 20 years, and we know how develop the proper questions to show what the trucker was trying to do.

How We Can Help

If you’ve been hurt or a family member has died in an 18-wheeler accident in the Texas, you need to hire an 18-wheeler accident lawyer to safeguard your legal rights and provide assistance for the compensation you deserve. From the second we are retained to when the final resolution happens, our attorneys handle every manner of each case and make sure you receive consistent, timely updates.

Chances are the defense has already concluded its investigation and wrapped up its case against you. By hesitating any longer to get a lawyer, you are creating immense damage to your ability of landing the restitution you’re seeking. Call us today for a free consultation and discover how we can help you like so many others in Texas. Some of Our Most Recent Successful Cases $41,000.00 Recovery – Commercial Vehicle Accident (Soft-Tissue Injuries)

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Texas 18 Wheeler Attorney : Texas Accident Injury Law Firm: Do You Understand Liability Issues When You are Hurt in a Trucking Accident in Texas?

In Texas we have a lot of modern highways and multi-lane freeways. A lot of 18-wheelers use those highways, tens of thousands of them at least.

They haul all types of goods to all parts of the state and country. Because Texas has the highest concentration of refineries in the U.S., a large percentage of them are filled with all kinds of highly flammable petrochemicals and fuels.

Although nine out of ten truckers are never a problem for Texas drivers, what about the remaining 10 percent? Just how good is that driver? How safe is the load they carry? How safe is the 18-wheeler itself? Does it even belong on the road? It’s no wonder you may feel a bit uneasy when an 18-wheeler pulls alongside you at 70 miles an hour on a crowded freeway. This is why accidents, injuries and even deaths are a near statistical inevitability when 18-wheelers are on the road in and around Texas.

If you have been injured in a big rig accident or if a loved one was injured or killed in one, an 18-wheeler attorney at our firm stands ready to help you. We continue to win many judgments for our clients and have litigated hundreds of trucking accidents cases during our 20-plus years of service to injury victims. We understand the pain you suffer and the financial weight you may bear after being involved in one of these horrible accidents.

In spite of your ability to recover from your injuries, your troubles are likely far from over. The difficulties you face in your quest to seek fair compensation for your injuries can be just as arduous as the physical injuries and pain you now suffer from the accident itself. Fighting for a fair settlement, even going to court to secure a fair injury award, often creates even more emotional stress and extends your fiscal problems. This is why we feel it is so important for you to know every one of the legal avenues available so that you can take the right action to win a just and fair restitution for your injuries, pain and suffering, and lost income.

Who Owes You Damages For Your Injuries and Pain From an 18-Wheeler Wreck?

If you have been hurt in an 18-wheeler accident, the first thing you must find out is whose fault it is in order to determine who is legally liable for injuries you suffered and your property damage. In a lot of 18-wheeler accidents, many parties may share liability for damages. As often as not, there is more than one defendant. A legal notion in Texas law called “respondent superior” states that employers of those determined to be liable for the wreck their employee causes can be held responsible for the action or inaction of their employee.

In a claim involving an 18-wheeler, a combination of a number of different parties can be responsible, and subsequently held liable for the wreck. This includes the trucker, the company he or she works for, the company that loaded the trailer, the person who planned the truck’s route, and by connection to any responsible party, the insurance company who insured those who are liable.

Another source of liability is relatively new. Over the past few years, with the state outsourcing a lot of road maintenance duties, as well as highway construction to private industry, if a privately-owned company is performing road construction or maintenance and creates hazardous road conditions that cause an 18-wheeler accident in which you are the victim, these companies may also be held liable for a portion, or maybe all, of the liability arising from the accident. All private companies retained by the state to build and maintain Texas roads must document that they are properly insured, or provide a very large liability through a bond.

To win your claim among a surplus of potential defendants, you need an experienced 18-wheeler attorney on your side that also has the ability to investigate the scene of an accident to discover who is liable. Naturally, local or state law enforcement agencies investigate all 18-wheeler accidents. In some instances, so does the US Department of Transportation (DOT), especially if a repeat offender of their statutes and laws governing interstate transportation is involved.

Many times those investigations only reveal the primary responsible parties such as the drivers or the company that owns the rig if the 18-wheeler has bad brakes or some other safety violation. But such investigations often fall short of identifying all underlying causes for the 18 wheeler accident, which often reveals every liable party who may have escaped criminal detection. Experienced 18 wheeler accident lawyers and their investigators are the ones who conduct these thoroughly stringent inquiries to identify everyone who is liable. They know how to determine the degree of each responsible party in every 18 wheeler accident. Occasionally our investigations reveal additional criminal facts of the accident that law officials miss. We pass them along to the appropriate agencies for further discretionary action.

Did You Know?

Our firm has been fighting for 18 wheeler accident victims` rights for over 20 years. Call ud to discuss your case.

When you are injured in an 18 wheeler accident, your attorney must determine whether the negligent truck driver caused the wreck, if someone else played an important part, or if a mechanical malfunction might be responsible. What if the company that owned the cargo failed to correctly load it or didn’t safely secure the cargo which caused it to break free during transport and topple the trailer? Or, did the route planner negligently send the truck into an area not properly zoned for 18-wheelers? Or maybe flammable chemicals were loaded inside a tanker not rated to carry such dangerous materials and suddenly, unexpectedly exploded, seriously injuring you as you drove alongside it on an inner freeway. There was an ammonia tanker that unexpectedly exploded on a busy freeway interchange some years ago where hundreds were hurt when they drove through the ammonia cloud.

It is rarely easy to determine immediate fault in an 18-wheeler accident. This is why you benefit in many ways through the experience of a Texas truck accident lawyer who will make sure that every liable party who is responsible for an 18 wheeler accident in Texas is held responsible for your injuries, along with the damage to your vehicle, its passengers and other contents.

What Happens if I Choose to Deal With an Insurance Company Myself and Don’t Hire an Experienced Attorney?

A non-attorney has a very hard time accumulating all the knowledge required to effectively negotiate a fair settlement with insurance companies, or successfully represent him or herself in court. Representing yourself is possible, but winning is a very long shot. Litigation in 18 wheeler accident-related injury cases is extremely complex. Inexperienced attorneys have only a slightly better chance than you alone of recovering any reasonable compensation. So why would you even entertain such a foolish idea, especially when tens, or even hundreds of thousands of dollars are on the table? Would you fix your own pipes or build your own house on a vacant lot you purchased? You likely wouldn’t, and this is one of the reasons why you need the legal experience and investigative power of an attorney to represent your personal injury case from an 18 wheeler accident

Everyone has heard the old adage about the law: “Those who represent themselves have a fool for a client,” but it’s doubly disastrous in any personal injury case, especially one involving an 18-wheeler because the laws and procedures involved are so complex, and the playing field is often tilted in the favor of the trucking companies, their insurance providers and attorneys. Those who oppose you have deep pockets and years of experience at winning these kinds of cases. You need much more than general knowledge of the law to succeed in trucking accident litigation.

Here’s a little secret that few non-lawyers know. Legal knowledge doesn’t make up a third of all the necessary elements for success in personal injury cases. Successful litigation requires thorough knowledge of civil procedure and the ability to develop the perfect strategy necessary to battle the insurance companies and their defense lawyers. Legal novices, by their very definition, don’t have that. Your opponents respect doesn’t hurt either. This is why an experienced and highly regarded, respected 18-wheeler attorney who has spent years taking on the insurance companies and their lawyers, and beaten them, is a powerful weapon in your fight for just compensation.

Also, if you have a relative or friend who is a lawyer, even though he or she might be looking out for your best interests and might be inspired to fight hard for your rights when an 18-wheeler accident has befallen you, often, that person might have a difficult time disassociating him or herself emotionally from issues surrounding your case. Personal injury law is often quite intense. A specialized 18 wheeler attorney must be pragmatic, focus solely on the facts of a case and be very cool under fire if you are to be successful. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now? How will you feel about your friend of relative then? Keep your family members and friends out of your legal business. You will be very wise to remember this when deciding who will represent your 18 wheeler liability lawsuit to your greatest benefit.

Insurance Companies Are Great at Playing the Game of “No”

The federal government requires trucking companies to purchase sizable insurance policies to protect against accidents that occur. You may hold the misguided belief that the trucking insurance compensation process is quick and relative free of surprises so all you have to do is file a claim and wait for that inevitable, and generous, compensatory check.

This is an unlikely scenario. All insurance companies are in the business of taking in premiums and paying out as little as absolutely necessary in claims. Since insurance policies for 18-wheelers involve huge sums of money, much greater than your personal car insurance coverage, the insurance company’s only mission is to keep from paying you fairly, and increase its high profits. So it comes as no surprise that insurance companies deny every claim possible, whenever possible and for as long as possible. They do this by habit. Without the right attorney on your side, collecting a fair settlement from an insurance company is anything but foolproof.

While the Texas Civil Practices and Remedies Code grants the right for anyone who has been injured in an 18 wheeler accident, or the family of one who was killed to be compensated for the harm done, to seek compensation, the law doesn’t say reimbursement is automatically granted when a victim claims an injury or loss. This is the dirty little secret that insurance companies don’t want you to know until you find out the hard way by having to deal with an out-of-hand denial by an insurer.

You, as plaintiff, must first prove the liability of the party responsible for the accident and the injuries you suffered from that accident. Furthermore, in any liability case, the plaintiff holds the burden of proof. You must clearly show that the money you’re asking for fairly reflects the loss you’ve experienced from those damages and injuries. The insurance company and the lawyers who represent them does everything possible to deny a plaintiff’s claim or argue that the level of restitution you seek is excessive and unreasonable.The Seedy Side of an Insurance Company:

Adjusters Who are Not to be Trusted

Insurance adjusters are often just as dangerous to an accident victim as the defense lawyers who represent their companies. Their goal is to help their employer, not you, plain and simple. They are interested solely in saving their companies money by denying your claim or underestimating the cost of the accident. An adjuster may act like your best friend and constantly assures you that all of your needs are met. Insurance adjusters are very clever. They know you probably have a good relationship with your car insurance agent. So they imitate your “good neighbor” auto agent and ease you into a false sense of security. Often they might innocently try and record you saying something that is later twisted into sounding like your admitting liability and destroy your chance to receive fair, or any, compensation. The trucking company’s insurance adjuster gets paid to deny or hinder your claim. Remember, insurance companies are in business for themselves, not you. Some unscrupulous adjusters even convince uninformed personal injury victims, often deceptively, to sign away the legal right to sue in exchange for a small settlement that never comes close to compensating the victim’s injuries or other losses from an 18 wheeler accident.

Corporate insurance adjusters and defense lawyers love nothing more than to find a victim who tries to represent his or herself. They know how easy it is to lead a novice around by the nose. The behavior of insurance adjusters alone should be proof-enough of why you need an aggressive 18 wheeler accident lawyer who knows how to combat the tactics of the insurance companies and win your fair settlement. Only the history of success of an experienced 18-wheeler attorney with our firm will combat unscrupulous insurance adjusters and frighten their insurance company employers into a fair settlement, or beat them in court if they don’t.

Insurance companies are even prepared to fight injury claims before the accidents even occur. They have experienced attorneys on staff, or permanent retainer. They’re just waiting to take on personal injury claims. They specialize in cases like yours and know every trick to tilt the case in favor of their insurance company employers. Insurance defense lawyers race to the scene of an accident as soon as it happens and begin investigating to build a case against you while you are still deciding whether or not you even need to hire a lawyer. If you have been injured in an accident involving an 18-wheeler, you mustn’t hesitate in finding a Texas 18 wheeler accident law firm to help you. You only get one bite at the apple, and once it’s lost, there are no do-overs.

Don’t Make the Fatal Mistake of Trusting a Trucker in an 18 Wheeler Accident

With so much at stake, chances are you cannot trust the truck driver to tell the truth if he or she causes an expensive accident. If truck drivers are found to be liable for an accident, not only will they be fired, it could become very difficult for them to land a new job after costing his or her previous employer enormous damages due to his or her negligence. Sometimes trucking companies will make the driver the “fall guy” and fire him outright. Then they cover themselves of true responsibility, or their negligence that caused the accident.

If this isn’t the driver’s first wreck behind the wheel of an 18 wheeler, it’s possible to lose either his state trucking drivers license, or his DOT certification, which means the (former) truck driver has to find a new line of work. With the high unemployment rates in the United States, the temptation for that driver to lie, cheat or behave dishonestly to save their job is too great since that driver now risks losing the paycheck that supports his or her family.

After suffering an injury in an 18 wheeler accident in which the driver of the truck claimed that our client was driving with his lights off at night, our investigators quickly examined the scene. They discovered a security camera outside a convenience store that was pointed directly its parking lot and the accident scene behind it. The video clearly showed our client’s headlights shining brightly. We proved that the truck driver boldly lied. Witnesses and defendants can lie and or callously misrepresent critical facts in trucking accident cases. The lawyers with our firm know how to uncover the lies, and counter them with the truth to stop witness misrepresentations. Over the past 20 years, we have conducted hundreds of 18-wheeler accident investigations to get to the bottom of the case, and won for our clients’ fair and just compensation by shining the light on the truth, the whole truth and nothing but the truth.

Self-Insured Truck Companies Represent a Sinister Threat to Your Just Compensation

Some trucking companies protect against personal injuries from accidents by reserving a percentage of their assets to pay accident claims, instead of purchasing a coverage policy from an insurance carrier. And though federal and state governments monitor the insurance industry, licenses adjusters and hold insurance companies to ethical standards as best it can, no such regulations exist for self-insured trucking companies. Seeking compensation from these “self-insured” firms, or self-insured independent truckers, can be far more difficult, and as chaotic, as finding justice in the Old West.

You will pursue settlement with an officer of the company, not an insurance adjuster. This company officer’s salary is typically tied directly to company profits. Any amount paid to you for an injury comes directly out of the company coffers, which means that when the company’s officer compensates you, he or she is literally taking money out of their own pocket. This is why we’re not surprised when a self-insured company officer stoops to any means to deny your claim, which protects the company’s assets. Self-insured companies (as well as independent truckers) have been known to willfully destroy damning evidence, bribe witnesses, and even intimidate their victims, sometimes physically. There have been times when those intimidation attempts were directed at our clients. This is why every time our attorneys are hired against a liable self-insured party; the first action we take is to prevent anyone with the company from behaving unsuitably toward our clients. Often, we are forced to demand that they completely refrain from communicating with our clients unless one of our attorneys is present.

Your Best Chance After an 18 Wheeler Accident is With Experience on Your Side

Only after trying hundreds of cases can a lawyer learn the intricacies of developing the right tactics for success at trial or in negotiations with insurance companies in an 18 wheeler accident. Most people, and many inexperienced attorneys, don’t know the proper way to answer interrogatories, prepare demand packets, and conduct sophisticated depositions which get to the bottom of liability for the accident that caused your injuries and pain. Experienced attorneys know how to conduct sophisticated accident investigations or respond to lists of admissions. You need somebody who knows how to do all of this, and forcefully represent your interests.

Insurance companies only agree to fair settlements if you are protected by an attorney with a history of success in court. While insurance companies and their lawyers are eager to take on non-lawyers and inexperienced attorneys, they fear us. When we file a claim, the insurance companies usually see the wisdom of settling with our clients for a fair amount. They want to avoid a trial, especially if they know you have a strong case. And from a fair settlement, our clients can resume living their lives again because we’ve negotiated that compensation on their behalf.

What Should You Do Now?

You need to take steps to preserve the evidence in your case now, and to act quickly. You must hire a lawyer to begin investigating the accident scene immediately. Every moment that you wait, evidence is becoming stale, witnesses’ memories fade, or their stories’ can “mysteriously” change. The accident scene also becomes altered either by the passing of time, or because your opponents do it themselves. Physical evidence that proves your case also might begin to “mysteriously” disappear. As soon as we are hired, our firm begins a thorough investigation of the accident scene to uncover the right evidence that proves liability of the truck driver, the trucking company and any other third-parties. We inspect all the vehicles involved, clearly survey the accident scene, measure distances, hunt for photographic and video evidence and assemble it all to clearly prove your case. We leave no stone unturned to uncover all the evidence that proves your claim beyond reproach.

For example, we were once hired by the families of two men who were involved in a terrible accident with a big rig. After the initial accident, the truck’s trailer was stretched across the unlit road on a moonless night. Only the taillights of the trailer on the shoulder of the highway were visible to oncoming drivers. Our clients rounded a curve and unknowingly smashed into the trailer. One man died at the scene. The other was left fighting for his life.

The force of the collision ripped off the roof of the vehicle, killing the driver and critically injuring the passenger. The next day we were hired, flew to the scene of the accident and begin investigating that same day. Our client’s car had already been towed to a salvage yard by the time we arrived. After examining the vehicle, we noted its strange lack of headlights. Finding this odd, our investigators spotted a security camera on the premises and we asked to view the video. It showed an official of the trucking company illegally removing the headlights. When the company tried to claim our client had been driving a car without headlights, we produced the video that caught them red-handed. You can guess who won this case. But what you don’t know is that both law enforcement officials and the U.S. Department of Transportation found this video very interesting. And you get a better idea of what we mean when we say that evidence can sometimes “mysteriously disappear.”

If the love ones of these two men drove down the road, minding their own business when tragedy found them, had waited any longer to hire us, this crucial evidence would have been gone forever, because the salvage yard’s surveillance system didn’t save its video for more than two days. And we can’t think of a stronger reason why victims of tractor-trailer accidents need to find an 18-wheeler attorney now, so the investigation can begin while the case, and evidence, is still fresh. Lies and missing evidence can cripple your legal right to fair compensation for an 18-wheeler accident from the moment it happens only if, by inaction, you allow it.

We Can Help You Recover Your Life After an 18-Wheeler Accident

The best way for a victim in a big rig accident to ensure full compensation is to find assistance from an experienced 18-wheeler attorney who knows how to clearly prove the defendant’s undeniable liability, and then win equitable damages

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Good to use 5/23/22

18-Wheeler Accident Lawyer: Attorney Discusses Your Legal Options After You’ve Been in an Accident with an 18 Wheeler or Semi-Truck

The wide open spaces of the Lone Star State are crisscrossed with major and minor transportation routes for both Texans and the businesses that keep Texas humming. We’re shipping goods all over the state and to all points throughout the rest of America.

With thousands of tractor trailers driving across the country in a short amount of time, and drivers logging long miles staring at the road as it passes by, accidents, injuries, and even deaths are a statistical inevitability.

If you have been injured in an 18-wheeler accident, or if a loved one was killed in a semi-truck wreck, our 18-wheeler accident lawyers are here to help you. Over the past 20 years, we have litigated hundreds of trucking accidents cases, and we empathize with the pain you have suffered. We can help. We also want to inform you of the challenges and difficulties you are facing as you seek compensation. We want you to know about the legal venues available so that you can take the right action to achieve just restitution for your 18 wheeler accident injury.

The semi trailer 18 wheeler accident lawyers at our firm would like to take some time to explain some of the basics of a semi trailer 18 wheeler accident case, such as whether you have a valid claim, the purpose of semi trailer 18 wheeler accident litigation, naming the defendants in your case, the two ways to win a claim, investigating the facts, obstacles to your claim, and why you should hire a lawyer to help you with your litigation.

Who Is At Fault for an 18-Wheeler Accident?

Truckers, trucking companies, manufacturers, companies that load trucks, and companies that plan routes are only a few of the many individuals or entities which may cause a wreck. In order to hold the responsible party accountable and collect fully for your losses, it’s important to identify all of the parties who were at fault for causing your accident.Truck Drivers

First, there are the 18-wheeler drivers themselves. Truckers are among the parties most frequently responsible for causing accidents because of the nature of most wrecks. Their actions often directly cause wrecks. Sometimes, truckers are merely careless, reckless or incompetent. They may speed, roll through stop signs, ignore traffic warnings, ignore traffic conditions, or make illegal turns.

When their own driving errors lead to accidents and injuries, the truckers themselves may be held responsible for their carelessness in a personal injury civil suit. Sometimes, a tractor-trailer accident does not result from ordinary carelessness or recklessness. Truckers can cause accidents by driving without getting enough sleep. Did you know that, by law, truck drivers are required to take periodic rest breaks and keep track of their stops in records? That, combined with the tight deadlines and demands truck drivers often face, can be a recipe for disaster. Some truckers are faced with impossible deadlines or with compensation systems which value speed over proper safety precautions.

Sometimes, there is so much pressure that these drivers may skip their rest breaks and falsify their log books. This happens way too often as many lawsuits and undercover press operations have discovered. There was one study which showed that around one of every five long haul truckers admitted to having fallen asleep at the wheel at least once in the month preceding the study. Truckers who skip their breaks and spend more than eight hours at a time behind the wheel double their likelihoods of being involved in wrecks, according to studies conducted by such organizations as the National Transportation Safety Administration and the Occupational Safety and Health Administration. Whether the 18 wheeler driver in your case was careless or fatigued, you may be able to name him or her as a defendant in your lawsuit if their actions can be proven to have led to your wreck.

When multiple parties contribute to causing an accident, all of them may be named as defendants in your lawsuit. Finding the right defendant or defendants is not always a simple proposition or a straightforward challenge in Texas truck accident litigation. This is because so many entities may play a role in preparing a truck to make deliveries, and there are so many people on the road.

18-Wheeler Companies

Trucking companies may be held responsible for accidents through either direct or indirect liability. A trucking company is directly liable for causing an accident if the trucking company did something negligent which ultimately led to a wreck. If a trucking company was supposed to have kept its fleet in good working order, but failed to repair the brakes on one of its trucks, the trucking company may be able to be held directly liable for any resulting injuries.

In other instances, trucking companies do nothing wrong themselves, but may still be held indirectly liable for an accident. Employers are responsible for the on-the-job actions of their employees. This is the case even if the employer didn’t endorse the employees’ conduct. It’s the case if the employer didn’t know about the employees’ conduct, or otherwise did nothing wrong itself. In trucking accident cases, the legal doctrine of “respondeat superior” usually allows a plaintiff to hold a trucking company liable for an accident caused by a trucker.

Route-Planning Companies

Logistics companies that plan routes may also be to blame for wrecks if an 18 wheeler collides with an environmental obstacle that it didn’t have sufficient room to clear, such as a low overpass for a tall truck, or a narrow road for a wide load. The fact is that these heavy trucks can’t go on all of the roads that your car can. Weight, cargo, and height restrictions limit trucks from traveling certain bridges, tunnels, and roads. Individual truckers almost never make up their routes as they go along. If the roads that an 18 wheeler travels are unsafe for semi trailer truck traffic and an accident results, the company that planned the route may be named as a party to a lawsuit.Cargo

Loading Companies

Truck loading companies are usually different companies than the companies that own trucks, and these companies may be held responsible for accidents that result from improperly loaded, incompetently loaded, or overloaded cargo. Sometimes it’s the case that the individual responsible for loading an 18 wheeler will do a careless job, and the cargo won’t be properly secured to the trailer. Cargo can come loose during the truck’s travels and fall onto the roadways. This is a major hazard.

Truck cargo of any size that ends up lying in the middle of the road can create a serious danger for other driver. Sometimes, companies responsible for loading trucks overload trailers and that creates its own hazard. By law, most trucks may only be loaded to 80,000 pounds but many companies, however, can and do cram more than 80,000 pounds onto a trailer in order to deliver more goods without the added cost of making additional trips. They are putting money over safety because overloaded trailers have a tendency to tip over. If overloaded or improperly secured cargo resulted in your accident, the company that loaded the truck may be held responsible.

Parts Manufacturers

Sometimes, manufacturers may be liable for causing wrecks if their defective products lead to accidents. Occasionally, truck parts leave the factory with manufacturing defects or design flaws which make the parts unsafe for use. In order for a truck to operate safely, its critical components must be working properly.

For example, if a tire is defective, an 18 wheeler runs the risk of rolling over or losing control. Or, if a brake fails, it can cause a wreck. If a strap designed to hold cargo in place is flawed, cargo could fall from the trailer onto the roadway and cause the wreck or the driver to lose control. If a manufacturer’s error caused your accident, you may be able to sue the manufacturer for damages.

Should You Represent Yourself?

Sometimes self-representation is okay in a car accident. An 18 wheeler wreck is a very different thing though. The stakes are bigger. Many other complexities pop up in truck accident cases that don’t present issues in ordinary car accident claims. Why? Because often times, there are larger amounts of damages and more money on the table. Even sophisticated and business-savvy accident victims can’t be expected to pursue their own claims, but our 18-wheeler accident lawyers have seen it all before and know how to navigate these challenges. Here are just a few of the unique challenges of litigating an 18 wheeler accident claim.

High-Dollar Trucking Company Insurance Policies

The federal government requires trucking companies to purchase sizable insurance policies to protect against the inevitable accidents that occur. The insurance company is in business to make money, not help you. Trucking companies purchase high dollar insurance policies from insurance companies, but these policies are not like the policies in relation to what you know of car insurance policies. They are worth about 50 times more money than an insurance policy on a typical passenger car. In other words, insurance companies stand to lose much more money when they pay a claim under a truck insurance policy than in comparison to paying a claim for a passenger vehicle accident. Since insurance policies for 18-wheelers involve huge sums of money, the insurance company’s main focus is to keep from paying you adequately so it can retain as much profit as possible.Experienced Trucking Accident Insurance Adjusters

Thus, they are willing to spend much more money and resources defending against paying these claims in court. They will bring to bear their very finest insurance adjusters. Anyone who has ever been involved in a car accident knows what adjusters do. They do all they can to deny your claim or offer you as little money as possible in compensation for your injuries. However, elite adjusters that handle the more expensive truck accident claims do it on a much larger and aggressive scale. They got to where they are by developing a reputation for being tough on accident victims. They intend to be tough on your claim too.

They have aggressive tactics. They will call accident victims repeatedly to ask them questions about the wreck, to discuss what seem like irrelevant details and to just “touch base.” Though their questions may appear innocent and well-intentioned on the surface, they are seldom conducted with your best interests in mind. They’re usually designed and calculated to get you to admit something that could be used against you by getting you to tell them something that could be taken out of context. They could make it sound like you’re saying that you aren’t really hurt or that you caused the accident. You can expect your words to be recorded and come back to haunt you. There’s only one good way to deal with insurance adjusters, and that’s not to deal with them at all. Instead, have your lawyer take their calls. When they can’t speak to the accident victims that we represent, they don’t even have the opportunity to ask our clients things that could be damaging to their cases.

Experienced Defense Attorneys

Moreover, these insurance companies keep aggressive defense lawyers on staff or on retainer, and call them into action as soon as a wreck occurs. They begin building a case against you even before you’ve decided whether or not to pursue a claim against them. Because they specialize in insurance defense law, these lawyers know many loopholes in the law that can be used to deny the claims of accident victims who don’t understand the law as well as they do. If you try to file a lawsuit on your own, chances are that these attorneys will be successful in having your claim dismissed on some technicality.

Investigating an 18-Wheeler Accident

Then there’s the matter of evidence. As we said, they go to work gathering evidence immediately. Do most people even know what evidence would be relevant in an 18 wheeler accident case? You need to have someone examine the evidence to see if you have a case. An investigation will allow you to determine who caused your accident and if there is more than one party.

A professional investigation allows accident victims to gather the evidence that they need to prove the defendant’s liability in court. That’s how court cases work best for the plaintiff. Jurors don’t want to be told how to decide. They want to make up their own minds after seeing photographs, hearing 911 call recordings, holding bits of defective tires, seeing improper loading manifests, seeing the driver’s employment and drug test results, and otherwise evaluating evidence that you collect during your investigation. Evidence isn’t a luxury or a bonus; it’s what you’ll need to bring to court if you want to win you case and get compensated for your losses.

Many times, based on initial evidence, it won’t be obvious who was at fault for causing an 18 wheeler wreck. Many individuals on the road, including other drivers and pedestrians, may have played a role in causing a crash and they may be partially liable. In other cases that we’ve seen, the mistake which ultimately leads to an accident occurs behind the scenes as the 18 wheeler is being loaded or undergoing maintenance. Until we conduct a thorough investigation, there’s no sure way to know who should be named as a defendant a defendant in your lawsuit.

We look for the evidence you’ll need to win your case or to make the other party offer you a settlement commensurate with your losses and damages. We are experienced at getting what is needed to convince a jury. Our professionals record measurements, take pictures, talk to witnesses, perform forensic testing, gather police reports, find video surveillance footage, examine wreckage, and collect evidence in a way that makes everything we gather for your case admissible in court.

Our 18 wheeler accident law firm knows how to conduct a strong investigation. They can help determine who caused your injuries and how to get the evidence you’ll need to hold all of the defendants accountable for what they’ve done. It’s standard procedure for us to visit the scene of the accident in nearly every truck accident case that we handle, no matter how far away.

Why Contacting Legal Help ASAP Can be Vital After a Texas Commercial Trucking Accident

We once had a case in which our client was being blamed for causing a collision with an 18 wheeler. The other side argued that our client was at fault for driving without headlamps installed on his vehicle. Our lawyers went to the salvage yard where our client’s car had been towed to see if there was any truth to the defendant’s story. Sure enough, our client’s car was missing its headlamps.

But we believed our client. We weren’t satisfied with what we found. So we went to the salvage yard owner for the yard’s video surveillance footage. The tapes were scheduled to be erased later that day. We got to them just in the nick of time. On the tapes, we saw that the defendant had visited the salvage yard and taken our clients’ headlamps from his car. After that, we had no trouble proving that the defendant had tampered with the evidence and that his defense was a sham.

In this case, if our client had called us even a day later, the tapes which turned out to be so critical to his case would have been destroyed. He would have certainly lost his case and someone would have gotten away with a horrible miscarriage of justice. The bottom line is it’s best to start your investigation as soon as you can. Our lawyers can usually prepare a strong case, even if we aren’t contacted until several months after an accident occurs. However, the strongest cases are usually built when we’re contacted as soon as possible. We recommend that you don’t delay in contacting a lawyer for assistance.

Another Obstacle: Trucking Companies That Are Self Insured

When seeking compensation from a self-insured trucking company, you’re likely going to benefit from the assistance we can offer. This is where you really don’t want to go it alone. If you’ve been in an accident with a trucking company that is self-insured, then instead of dealing with an insurance company, you’ll be dealing directly with a trucking company.

Some trucking companies protect against personal injuries from trucking accidents by reserving a percentage of their assets instead of purchasing a standard policy from an insurance carrier. The federal government monitors the insurance industry, licenses adjusters and holds insurance companies, to uphold certain ethical standards. No such regulations limit self-insured companies, so seeking compensation can be far more difficult.

You’ll be negotiating directly with the company’s officers if the trucking company involved in your accident was self-insured. Dealing with the officers of a self-insured trucking company can be far worse for an unrepresented plaintiff. What we’ve often seen is that the amount of an officer’s salary usually depends directly upon the self-insured trucking company’s profits. What that means is, if an officer elects to pay your claim, the chances are that his paycheck will take a direct hit. In other words, such an officer may have a vested interest in seeing your claim severely lessened or completely denied. Unlike an insurance company’s adjusters who are professionals bound by a code of ethical conduct, no such guidelines restrict the conduct of a self-insured trucking company’s officers. These people have been known to tamper with evidence, threaten accident victims, and harass witnesses in order to avoid paying claims.

What Happens When The 18 Wheeler Driver Lies?

For truckers, driving is their livelihood. If they get a reputation for accidents, negligence or incompetence, they won’t work anymore. Who would want to hire someone who has million dollar accidents? So you can bet that when there’s a wreck, many truckers who are found responsible for causing wrecks are fired. They know this. That’s why truckers will sometimes lie in order to avoid responsibility and maintain their livelihoods. In so doing, they will frequently blame accident victims like you for causing wrecks, or will look to pin blame onto any other party that may have been involved in the commercial trucking accident.

You run the risk of losing your claim if the trucker in your case is lying and you can’t prove otherwise. That’s why it’s absolutely critical to be able to expose the trucker’s lies for the judge and jury. Our 18-wheeler accident lawyers can help you validate a truck driver’s story. We’re often able to uncover enough evidence to prove that the trucker’s story doesn’t add up. If we can find the overwhelming contradictory evidence to the trucker’s prevarication, the judge and jury are unlikely to believe the trucker. When the hard evidence isn’t enough, we use depositions to get to the truth that the trucker is trying to cover up. We’ll grill the trucker in your case to get him to come clean before your trial.

Why You Should Consider Truck Accident Litigation

For starters, when you hire an attorney who brings a personal injury lawsuit against a defendant in an 18 wheeler accident, it gives injured accident victims the potential to recover financially for their losses. The losses following truck accidents are frequently financial, too. Accident victims will likely face high medical bills and repair bills following a wreck. If a truck accident victim is unable to return to work while recovering from injuries, these bills can mount up due to the combination of lost wages and medical expenses. Filing a lawsuit against a defendant can help you with the financial aspects of your recovery. Getting paid by the party responsible for an accident goes a long way in helping a victim and his or her family get back on their feet again.

No one will volunteer to pay you money. If you want to recover, you’ll need to fight for your rights and you’ll need an experienced advocate on your side like the 18-wheeler accident attorneys in our firm.

There’s a second reason to file suit – punishing the guilty party and ensuring that they take steps to ensure that no one else gets hurt as you and your family did. When you file a Texas personal injury lawsuit against the individual or entity that caused your accident, your injuries won’t be suffered in vain. You’ll be punishing the responsible party, and holding that party accountable for their actions. If they suffer enough in court, this may diminish the likelihood that the party will make similar mistakes that put other families in danger in the future.

Trial and settlement are the two ways you can win your claim and get compensation for your damages. While the Texas Civil Practices and Remedies Code provides the right for someone who has been injured in a trucking accident or the family of someone who has been killed to seek compensation for the harm done, the law doesn’t say compensation should be handed over whenever a victim claims an injury. The plaintiff must first prove the liability of the party responsible for the accident and the injuries that were inflicted as a result of the accident.

Furthermore, the plaintiff holds the burden of proof for demonstrating that the compensation requested fairly represents the damages suffered. The insurance company will do everything it can to deny the plaintiffs claim or debate the level of restitution sought. The best way for a victim to ensure full compensation is to find assistance from an 18 wheeler accident law firm with attorneys who know how to prove liability and determine equitable damages, or can work to convince the defendant to offer a fair, out-of-court settlement to the plaintiff.

In a settlement, the plaintiff and the defendant avoid the need for trial by negotiating and reaching an agreement without the assistance of a judge or jury or the cost of a trial. Usually this means the defendant voluntarily agrees to pay the plaintiff a particular sum of money and, in exchange for the money, the plaintiff promises not to sue the defendant in the future for more money for injuries that resulted from the same accident.

Accepting a good settlement offer is highly beneficial to an accident victim, but you don’t want to accept a bad settlement. When you elicit and accept a fair settlement offer, you’ll usually get your money much faster than you would have had your case gone to trial, and accepting a fair settlement offer means avoiding the uncertainty that’s always present when you entrust the fate of your claim to a panel of randomly selected jurors. But there’s a problem: getting a good settlement offer from a defendant usually isn’t easy and typically requires the assistance of an 18-wheeler accident lawyer.

Defendants won’t want to pay you anything unless they know you have a sure case that will cost them more if they go to court and may stand to lose the case before a judge and jury. In addition to whatever they have to pay, they are out court costs, attorney’s fees, or other costs. Because of this, they’re rarely motivated to volunteer to pay you money in a voluntary settlement unless they’re nervous that they will lose if they face you at trial. So, naturally, the best way to make a defendant nervous is to have strong evidence and a lawyer with an excellent reputation on your side.

A fair warning though about settlements: When they’re offered before you have a lawyer, don’t even think about accepting them. The defendant in your case may try to convince you to accept a bad settlement offer, and while a good, earned settlement can benefit accident victims, bad settlements, also known as unmediated settlements, can permanently strip you of your legal rights. They require you to give up your ability to sue the defendant for what your case is really worth.

Defendants hope that you’ll accept small amounts of fast cash that they dangle in front of you in full satisfaction of their liabilities. They may claim that their offer is all that you’re entitled to or the best that you’re going to get. This is a lie perpetrated upon unsuspecting victims who are likely in need of quick cash and may be in a vulnerable position. If the defendant in your case offers you a settlement and you haven’t hired a lawyer, chances are that they’re trying to dupe you. An experienced 18-wheeler accident lawyer can tell you how much your case is worth and help you evaluate whether the defendant’s offer is truly fair. Be sure you speak with a lawyer before you give up any of your legal rights.

The Trial Process for an 18-Wheeler Wreck

If you go to court, the plaintiff bears the burden of proof at trial to prove that the defendant should be held responsible for the plaintiff’s injuries. If the burden of proof isn’t sufficiently met, the defendant in a case wins by default and you receive nothing. It’s this heavy burden placed on a plaintiff’s shoulders that makes it true that you don’t want to represent yourself in court under any circumstances, and this is especially true in cases as complex as truck accident litigation.

You need a strong trial strategy, a compelling body of evidence presented in a way that it won’t get thrown out, and a lawyer experienced with the tactics defense lawyers use in these kinds of truck accidents. You have to have both evidence and trial strategy that prove the four elements of a truck accident claim in a compelling way that convinces a jury and the judge.

Making Your Case in Court

In court and in a trial, we say you have to “prove” duty. Proving duty means showing that the defendant in your accident owed you some particular duty of care to act in a way that wouldn’t cause you harm. The duty of care that people owe to protect others is dictated by the law. It depends largely on the circumstances of the situation at hand and on the relationships between the parties themselves.

The second element to prove of your claim is what we call “breach.” Once you’ve proved what duty of care the defendant owed, we’ll need to show that the defendant’s conduct breached that duty of care in the accident. This is where a lot of the physical and record evidence comes into play, whether we’re talking about the trucker, the trucking company, or a third party. Now you’ll have to show that the defendant was negligent in some manner. This is an important step to proving the defendant’s liability. To prove breach, you’ll need to present evidence to the court regarding precisely what the defendant did or failed to do. Then, the jurors will decide whether the defendant’s actions were severe enough to constitute a breach of the duty of care that he owed you.

Proving the third element, causation, means proving that the defendant’s negligence was the cause of your injuries. As you saw, many parties have a hand in preparing an 18 wheeler for the road and there can be many individuals on the road at the time an accident occurs. Consequently, multiple parties may have had varying degrees of liability for a semi-truck wreck.

Finally, you must prove your damages. The term “damages” refers to the money that the defendant will pay you if you win your case before the jury and judge. You may be entitled to collect damages for injuries such as pain and suffering, medical bills, repair bills, lost wages, loss of earning capacity, and other losses you may have suffered as a result of your accident.

It isn’t enough to simply ask for reimbursement; you’ll need to prove what you’re entitled to. This involves calculating the total amount of your losses. It means bringing evidence of your injuries to court to support your calculations. The defendant will assert that your demand is an inflated sum and essentially amounts to a request for a handout. To prove the defendant’s calculations are merely last-resort attempts to avoid his legal responsibility, you need evidence to support your demands. Calculating damages is frequently no simple task for non-attorneys or even inexperienced lawyers.

Finally, it’s often a challenging task for non-attorneys to put a price tag on ambiguous intangible losses such as pain and suffering. Calculating loss of earning capacity can be another obstacle for the inexperienced. Damages for loss of earning capacity are designed to compensate a plaintiff for the wages he won’t be able to earn in the future as a result of being unable to return to his job after an accident. In the event that damages for lost earning potential are sought due to a debilitating injury, you also need to account for factors such as the time value of money and promotions and raises that the victim would have received had he been able to continue to work.

You need more than legal knowledge of trucking accident laws to succeed with trucking accident litigation. Actually, legal knowledge comprises only about 20 percent of the expertise required for success in personal injury cases. More importantly, successful litigation requires knowledge of procedure and the strategy necessary to battle the insurance companies and defense lawyers. Insurance companies will only agree to a settlement that benefits you if you are protected by an attorney with a history of success in court. Our 18 wheeler accident law firm has won hundreds of cases against nearly every major insurance company in the country.Call our 18-Wheeler Accident Lawyers. We Can Help.

Protect yourself and your case. You need to hire a lawyer, so he or she can begin investigating the accident scene. For every moment you wait to find representation, evidence is beginning to spoil, witnesses’ stories are changing, the scene of the accident is changing, and evidence is disappearing. Our 18-wheeler accident law firm has 20 years experience handling personal injury litigation in 18-wheeler accident cases. Call us today. We can work to uncover evidence proving the liability of the truck driver, the trucking company, or any third parties involved in your 18-wheeler wreck. We inspect all the vehicles involved, measure the distance from skid marks to the point of impact, hunt for photographic evidence, and catalog all the evidence we find. We take every measure to uncover any evidence that might help prove your case. With two decades of experience in helping injured victims of 18-wheeler accidents and bereaved families of fatal semi-truck wrecks in Texas, our firm has the experience, knowledge, and reputation that can help you and your family through this difficult time toward a better tomorrow. Some of Our Most Recent Successful Cases $150,000.00 Recovery – Automobile Accident (Nerve Damage)

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18-Wheeler Accident Attorneys

Though it may seem entirely obvious that you were blameless in your 18-wheeler accident, winning full compensation for your losses is neither guaranteed nor an automatic process. By law, the defendant or defendants in your case owe you nothing at the start. In short, to recover compensation for your losses, you have to fight for your rights.

The fact is, unrepresented big rig accident victims, that is to say, victims who choose to represent themselves, almost never receive the entire compensation that their cases merit. Often, an experienced 18-wheeler accident attorney can be the key to ensuring you recover thousands or even millions of dollars for your injuries, rather than recovering nothing at all.

Despite the fact that receiving compensation for your losses in the aftermath of an 18-wheeler accident isn’t automatic, it doesn’t have to be difficult, either. Understanding your rights and making sure you have an experienced personal injury attorney at your side, you’ll greatly increase your chance of winning your case and holding the blameworthy defendants accountable for their misdeeds. In the information that follows, we’ll go over the basics of 18-wheeler accident law to help you understand your rights.

This article is meant to explain just the fundamentals of truck accident law. To learn more about the precise legal implications of your exact situation, call us. We’ll gladly answer your questions about tractor trailer accident law and give you a free consultation.

The Importance of Litigation

Filing a claim or bringing a lawsuit against a defendant or against multiple defendants serves two crucial purposes. First, undertaking these actions will let you recover financially for the losses you’ve suffered due to your 18-wheeler accident. The law mandates that people injured in big rig accidents are not automatically entitled to receive even a single penny for their losses. That means the scales of justice are tilted in favor of the blameworthy parties, the defendants, at the start. To win, you will have to tilt those scales in your favor. An experienced 18-wheeler accident attorney can help you do this. The defendant has no automatic obligation to pay you anything at all, and you can expect that you will have to fight for the full compensation to which you’re entitled.

Some of your losses, of course, were probably emotional and physical, and some of them probably financial. 18-wheeler accident victims typically confront high repair costs, high medical bills, and the financial strain of being unable to return to work in the aftermath of their tractor trailer accident. Receiving full compensation from the blameworthy parties who caused your injuries eases the financial pressures that hit you due to your collision and let you and your family get back on your feet again.

Furthermore, filing a lawsuit lets you punish the people and organizations at fault for causing your 18-wheeler accident. Punishing the defendant or defendants mean they will think twice before erring in the same ways in the future and putting more people at risk.

The Two Ways to Win

Most 18-wheeler accident cases present two different ways to win compensation for your injuries. Most big rig cases settle out of court when the plaintiff and the defendant or defendants arrive at an agreement (that is, a settlement) without the intervention of a judge or a jury. Sometimes, however, the parties are unable to reach an agreement, and a plaintiff will have to win at trial in order to receive damages.

Settlements

In a settlement, a defendant offers a plaintiff an amount of money as compensation for his injuries, despite the absence of a judge’s order that money must be given. As a trade, the plaintiff agrees not to file a lawsuit for more money in the future. Agreeing to a fair settlement offer helps a plaintiff because it lets them receive money quickly without the stress of waiting for a courtroom and randomly selected jurors to decide the fate of the compensation to which he’s rightfully due.

Because defendants recognize they face no legal requirement to pay you money, it can be difficult to get a fair settlement offer out of them without an experienced 18-wheeler accident attorney helping you. Having an experienced lawyer looking after your case will clearly signal to the defendants that if they don’t settle with you, they risk losing big in the courtroom. If you are able to make a defendant nervous about losing in court, he will be much more willing to offer you a fair amount for your injuries outside the courtroom. The experienced 18-wheeler accident attorneys in our firm know just how to pressure defendants to settle your case. We have won settlements and verdicts against virtually every major insurer in the nation. Insurance companies know our name and our reputation. That’s way they are typically eager to settle with our clients rather than lose to our lawyers in the courtroom.

Be very careful about bad settlement offers. Before you have hired an 18-wheeler accident attorney, you might receive a bad settlement offer. After all, defendants understand that if you accept such an offer, you will not be able to hire an attorney in the future to sue them for additional money. They are also aware that in the aftermath of a tractor trailer accident, accident victims are short on cash and faced with repair bills, medical bills, and the high stress of lost wages. That’s why it’s common for defendants to offer victims fast cash, aiming to get them to accept the offer and surrender their legal right to pursue them for full compensation. In other words, offers you will be presented with before hiring an experienced 18-wheeler accident attorney will probably not be fair, and they’re pretty much always binding if you agree to them. If you’re looking at accepting a settlement from an insurance company, make sure you let an experienced 18-wheeler accident attorney look over it before you agree to the offer. The lawyers at our firm can tell you the true value of your case, and whether you are entitled to more money than the defendants are putting on the table for you.

Trials

Some cases don’t settle out of court, for any number of reasons. Therefore, these cases typically need to go to trial for you to win full compensation. Because commercial vehicle accident victims have the burden of proof in a lawsuit, you’ll face a challenging task at your trial. To win, you have to present evidence for four different elements of your 18-wheeler accident claim. These elements are duty, breach, causation, and damages.

Proving duty means you have to show that the defendant in your lawsuit owed you the duty to act with enough caution to keep you from getting harmed. Proving duty is often a straightforward task since most people owe each other the duty to behave as a reasonable person would act so as not to harm others. This duty of care might involve refraining from doing unreasonably dangerous things, or it might involve taking affirmative precautions to prevent others from being harmed.

Second, you have to show the defendant’s behavior was a breach of the owed duty of care. If the “reasonable person” duty of care applies in your case, for example, proving breach involves demonstrating that the defendant did something a reasonable person would have refrained from doing. To prove breach, you need to bring evidence into the courtroom that shows the jurors exactly what the defendant in your lawsuit did or failed to do. The jurors will think about all of the circumstances surrounding your big rig accident and will decide whether or not the defendant’s actions counted as a breach of the relevant duty of care.

Third, you have to prove causation. It isn’t sufficient just to show that the defendant breached the duty of care you were owed; you must continue by proving the defendant’s breach of the care caused you injuries. In other words, you must prove the breach and your injuries were definitely linked. This requires extensive evidence. Many parties play a role in getting a commercial vehicle ready to undertake a haul, and any one of these multiple parties might have made a mistake that contributed to your crash. Because so many individuals or organizations could potentially be at fault, defendants named in the lawsuit will frequently try to shift blame for the big rig wreck onto someone else, or even onto you. Without enough evidence that pins the blame on the defendant, your lawsuit will fail.

Fourth and finally, you have to prove damages. The word “damages” means the money you are to collect from the defendant if you successfully prove the above three elements of your 18-wheeler accident claim. Damages are able to compensate plaintiffs for lost wages, pain and suffering, medical pills, loss of earning capacity, repair bills, and other types of losses they’ve suffered due to the 18-wheeler accident. To receive damages, you have to not only calculate how much you are owed, but you must bring evidence to court to show your calculation of damages is reasonable and supported by the evidence. It’s probable that the defendant in your case will also calculate their own figure for the damages, a number that’s sure to be smaller than yours. It takes powerful evidence to convince a jury that you’re not looking for a handout and the defendant is just trying to escape legal responsibility.

Calculating damages is usually a complex task. If your medical treatment is ongoing, for instance, it can be difficult to figure out by yourself an estimation for how much your bills will ultimate cost. Placing a price tag on ambiguous losses such as pain and suffering can be really challenging for non-lawyers, and reasoning out the damage amounts for loss of earning capacity can be very intricate once you start thinking about the time value of money and other factors such as potential raises. The experienced personal injury attorneys at our firm understand what it takes to calculate the damages for all kinds of losses. We’ve been figuring out damages for twenty years and counting. We can tell you what a jury is probably going to decide about the value of your case.

Whether your claim winds up settled out of court or decided upon in the courtroom, our 18-wheeler accident attorneys are here to help. We know how to pressure defendants on behalf of our clients who need fair settlements, and we know how to build a bullet-proof trail strategy for winning your claim in the courtroom.

Any litigation, early on, requires you to identify which defendants are blameworthy and liable in your case. This is a particularly complex task since, as mentioned above, the work of multiple parties goes into getting a commercial vehicle ready to make a delivery. Any one of these individuals or organizations, or a combination of them, can make a mistake behind the scenes that wound up leading to the wreck. If more than one individual or organization caused your collision, all of them can be named as defendants in your lawsuit.

In 18-wheeler accident cases, there are certain parties that are typically to blame for the errors that lead to wrecks. These parties are truck drivers, trucking companies, cargo-loading companies, and route-planning companies. In the following section, we’ll talk about the role these parties frequently play in causing tractor trailer accidents.

Truckers Did You Know?

Our 18 wheeler accident attorneys have won thousands of cases. Call us today to discuss your case.

Truck drivers are commonly among the defense parties most directly liable for causing an 18-wheeler accident. It’s not uncommon for a truck driver to make a mistake on the roadway. They speed recklessly, roll through stop signs, make illegal turns, and make other careless driving mistakes that put others in harm’s way. Also, truck drivers might skip their mandatory rest breaks to meet unrealistic delivery schedules. Skipping rest breaks means truckers are more likely to fall asleep behind the wheel and get involved in a wreck. No matter whether the truck driver in your 18-wheeler accident made a careless mistake or prioritized his deliver schedule above your safety, a reckless truck driver can be named as a defendant in your lawsuit.

Trucking Companies

Typically, more parties than the truck driver are liable for a semi truck accident. Most of the time, if you can sue the truck driver, you can also sue the trucking company that owns the vehicle. Two legal theories make this a possibility. First, you can frequently hold the trucking company responsible for your wreck under the theory of direct liability. A trucking company is directly liable for your injuries when they do something negligent themselves, such as failing to maintain the vehicle’s brakes in such a way that the faulty brakes led to the accident and your injuries. In that case, you may be able to hold the trucking directly liable for their negligence.

In other scenarios, the trucking company might not have done anything wrong, and it might seem the trucker is the only liable party. But in these situations, the trucking company can typically still be held to account under vicarious (indirect) liability due to the legal doctrine of respondeat superior. This fancy-sounding Latin phrase basically means one thing: an employer is responsible for its employees’ on-the-clock actions, even when the employer didn’t do anything wrong itself. In short, in an 18-wheeler accident case, whenever you can sue the trucker, you can also sue his employing trucking company.

Manufacturers

In some situations, manufacturers cause 18-wheeler accidents by building products with manufacturing flaws or design defects. After all, big rigs are made up of many, many components, and these components have to function together for the semi truck to operate safely. If a tractor trailer’s tires or cargo straps are unsafe and flawed, for instance, the tractor trailer can pose a danger to other motorists on the roadway. If a manufacturer’s actions have led to a defective part, the manufacturer can be held liable and be named as a defendant for their role in causing your injuries.

Companies that Load Trucks

In some scenarios, the components of the truck might not make the semi truck unsafe, but rather the loading of the truck might make it dangerous. For most 18-wheelers, the law mandates that they can’t be loaded with over 80,000 pounds; nevertheless, many companies try to overload trailers in an effort to save the expense of extra trips. But overloaded trucks are more likely to tip over and cause an accident when the truck rounds a turn. Other times, companies that load trucks don’t fasten the haul sufficiently to the flatbed trailer. This can result in the cargo coming loose from the trailer and causing a danger for other motorists. If improperly loaded or overloaded cargo played a role in your truck accident, the cargo-loading company may well be named as a liable defendant in your lawsuit.

Companies that Plan Routes

18-wheelers can’t drive down the same paths as ordinary passenger vehicles. For instance, plenty of roads, bridges, and tunnels have weight, height, and cargo restrictions that have to be considered when the truck’s route is planned. Given these complexities, truck drivers rarely improvise their own routes while they are driving. Rather, route-planning companies are responsible for planning the big rig’s paths ahead of time. If the company that plans the semi truck’s route fails to take into account important restrictions and sends a truck on a route that will make it pose a danger to other motorists, the route-planning company may be held liable for any resulting injuries.

Truck drivers, trucking companies, manufacturers, companies that load trucks, and companies that plan routes are just some of the multiple individuals and organizations who may have been to blame for your wreck. It’s critical to determine just which individuals or organizations, or which combination of them, are liable for your 18-wheeler accident. That allows you to recover the full compensation you’re due for your losses, and experienced 18-wheeler accident attorneys can name all of the liable parties for you. The 18-wheeler accident attorneys in our firm have two decades of experience in identifying all of the liable parties.

Conducting an Investigation

In the aftermath of an 18-wheeler accident, it’s typically necessary to perform an investigation into the circumstances of the accident. Performing an investigation lets you figure out who caused your wreck, and it lets you collect the evidence that’s needed to prove in the courtroom who was behind your accident. As discussed above, you carry the burden of proof in the trial. Jurors don’t want to simply be told how to decide; they want to see, touch, and hear evidence that justifies your position. Powerful evidence collected in an investigation isn’t just a helpful component of a case. It’s necessary to win.

The experienced 18-wheeler accident attorneys in our firm have been performing thorough investigations for so many years that we have the procedures down to a science. In fact, our standard procedure is to fly to the scene of the wreck in just about every big rig accident we litigate. When we arrive at the accident scene, we start collecting evidence right away. Pieces of wreckage, police reports, witness statements, measurements, photographs, test results, and other evidence that we collect may all be helpful in proving your case. We find these items and store them in such a way that they are later properly admissible in the courtroom.

On the other side of the case, the defense attorneys also perform an investigation of your 18-wheeler accident scene. They visit the site of the wreck and look for evidence that might make it seem you were responsible for the accident. Most of the time, defense attorneys are sent to the big rig accident scene just moments after the collision happens. They bring with them a team of investigators and accident recreation specialists. They get this head start on the investigations since they know that waiting a long time for evidence makes it more likely that the needed evidence will have dried up. For example, as time passes, witnesses to an 18-wheeler accident tend to forget what they have seen.

One recent case our firm’s 18-wheeler accident attorneys litigated demonstrates the need for prompt investigations quite well. In this particular case, our client was accused of causing the collision with a semi truck that had happened in the night. The defendant claimed our client caused the wreck by driving without headlamps installed in his vehicle. When our client called us for assistance, we hurried to the salvage yard where the remains of his vehicle had been towed. Sure enough, we discovered his vehicle was missing headlamps. But this wasn’t enough for us; we decided to check the salvage yard’s video surveillance tapes, tapes that had been scheduled to be routinely destroyed in just a few hours. The footage showed the defendant had entered the salvage yard and taken the headlamps from our client’s vehicle. With this footage in our possession, we were ready to expose the defendant’s tampering with the evidence.

This story’s moral is one the defense attorneys already know. It’s critical to get your investigation underway promptly in the aftermath of your 18-wheeler accident because evidence tends to be more difficult to find as time goes on. Though our 18-wheeler accident attorneys are typically able to build good cases even when we aren’t contacted until months following the wreck, our strongest cases are usually built when we are called by accident victims right away. Don’t lose time in getting a personal injury attorney at your side.

Obstacles to your Recovery

The clients in our firm are often quite savvy and sophisticated people who are fully capable of picking up a legal textbook and learning about the law by themselves. All the same, there’s much more to winning an 18-wheeler accident case than just knowing the law. That’s why big rig accident victims without lawyers are almost never able to receive the full compensation that their cases are actually worth. In the information below, we’ll explain three obstacles that commonly prevent unrepresented accident victims from receiving the compensation they would otherwise be entitled to.

Lying Truck Drivers

In any sort of litigation, the defendant will often have motivation to lie. But in commercial vehicle accident cases, truck drivers have special motivation to twist the truth. Not very many trucking companies will hire a trucker who has a history of causing wrecks. Truckers are well aware of this fact, and they understand that if they are caught as the responsible party for your accident, they will likely lose their jobs and their careers. Given the choice between lying or losing their livelihoods, many truck drivers will opt to invent a story about how you caused the accident and about how they did not. If you can’t demonstrate that the truck driver is lying about the origins of the accident, you may well lose your case and receive nothing for your losses.

Our experienced 18-wheeler accident attorneys have strategies for getting the truth out even in the face of lying truckers. Often, we’re able to gather so much evidence that the trucker is discredited. When witnesses statements, video surveillance footage, and forensic testing all back up your version of the events, it’s not likely that a jury or judge will think of the trucker as credible. In other situations, we take depositions to root out the truth. In a deposition, a lawyer can ask questions to the defendant’s witnesses. The attorneys at our firm have conducted thousands of depositions in the past twenty years. We have perfected our questioning techniques, and we can use them to get lying truckers to tell the truth far in advance of the actual trial.

Large Insurance Policies

The law mandates that trucking companies are obligated to carry insurance policies for their fleet of big rigs. These insurances policies are worth about fifty times the amounts of policies carried on ordinary passenger vehicles. Therefore, insurers stand to lose about fifty times more money due to an 18-wheeler accident than they stand to lose in an ordinary passenger vehicle wreck, and so they will devote about fifty times more resources to defending against paying these claims. It’s straightforward to understand why the huge amount of money involved in these cases alone can make it harder to receive compensation from a truck insurance policy compared to a car insurance policy.

Insurers use insurance adjusters to dodge paying out on 18-wheeler accident claims. These adjusters are nothing like the individuals you might have to dealt with in the past if you have ever filed a claim against a policy on an ordinary passenger vehicle. Insurance companies reserve their most experienced and ruthless adjusters to work on big rig accident claims. These are professionals who have reached their current positions by building track records of successfully denying commercial vehicle accident victims’ claims. Usually, the only thing these aggressive adjusters fear is facing an experienced 18-wheeler accident attorney.

Be careful when you talk with an adjuster. They’ll likely phone you to ask innocent-sounding questions about your 18-wheeler wreck. They might seem nice, but their actual goal is to get you to say something that can be used against you to harm your case. Whatever you say to them will be recorded and used against you. The best way to deal with insurance adjusters is to not deal with them at all. At our firm, we don’t let insurance adjusters talk to our clients and badger them with questions. We take their calls instead. That way, they don’t have a chance to use your words against you.

Also, insurers frequently use specialized defense attorneys to help them dodge paying claims. These lawyers are highly skilled in insurance defense law, and they know plenty of technicalities that they can use to dismiss lawsuits brought by inexperienced plaintiffs or inexperienced lawyers. The accident attorneys at our firm, who have been practicing in this area of law for twenty years and counting, know all of the defense lawyers’ tricks and how to respond to them.

Self-Insured Trucking Companies

In some situations, an insurance company won’t be involved in the case whatsoever. This is because some trucking companies opt to be self-insured. In other words, they devote a portion of their budget to assets they can distribute to a plaintiff if they are ever successfully sued. If you are facing a self-insured trucking company, you likely won’t be negotiating with any kind of traditional insurance adjuster. Rather, you will be dealing directly with an officer of the self-insured trucking company. Though traditional insurance adjusters can be quite aggressive and stubborn, self-insured trucking company officers are often even more difficult to deal with unless you have an 18-wheeler accident attorney at your side.

The salaries of self-insured trucking company officers typically come directly from their employers’ profit. In other words, if a self-insured trucking company officer opts to pay your claim, that means his paycheck will likely take a hit. Because many self-insured trucking company officers are more concerned with their own finances rather than yours, you can expect their personal motivations to take priority in how they handle your claim.

Furthermore, self-insured trucking company officers, unlike traditional insurance adjusters, are not licensed professionals. Traditional insurance adjusters at least are supposed to abide by certain ethical guidelines in order to keep their licenses. But self-insured trucking company officers face no such standards. That’s why clients often hire us after a self-insured trucking company officers have been harassing them. These officers are known for tampering with evidence and taking any number of other unethical steps not to pay victims’ claims. Call us right away for relief from these sorts of behaviors. Our 18-wheeler accident attorneys know how to use the law to stop their unethical conduct.

What our law office can do for You

There’s a great deal our 18-wheeler accident attorneys can do to help you succeed with your claim. One of our initial steps is always to make sure our clients get the medical treatment they need. If a client is uninsured or for some other reason can’t afford medical treatment, we can often help that client see a doctor. Our next steps are to manage every step of our clients’ cases and keep them fully informed along the way.

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Truckers Did You Know?

Our 18-wheeler accident attorneys have won thousands of cases. Call us today to discuss your case.

Truck drivers are commonly among the defense parties most directly liable for causing an 18-wheeler accident. It’s not uncommon for a truck driver to make a mistake on the roadway. They speed recklessly, roll through stop signs, make illegal turns, and make other careless driving mistakes that put others in harm’s way. Also, truck drivers might skip their mandatory rest breaks to meet unrealistic delivery schedules. Skipping rest breaks means truckers are more likely to fall asleep behind the wheel and get involved in a wreck. Whether the truck driver in your 18-wheeler accident made a careless mistake and prioritized his delivery schedule above your safety, a reckless truck driver can be named a defendant in your lawsuit.

Trucking Companies

Typically, more parties than the truck driver are liable for a semi-truck accident. Most of the time, if you can sue the truck driver, you can also sue the trucking company that owns the vehicle. Two legal theories make this a possibility. First, you can frequently hold the trucking company responsible for your wreck under the theory of direct liability. A trucking company is directly liable for your injuries when they do something negligent themselves, such as failing to maintain the vehicle’s brakes in a way that the faulty brakes led to the accident and your injuries. In that case, you may be able to hold the trucking directly liable for their negligence.

In other scenarios, the trucking company might not have done anything wrong, and it might seem the trucker is the only liable party. But in these situations, the trucking company can typically still be held to account under vicarious (indirect) liability due to the legal doctrine of respondeat superior. This fancy-sounding Latin phrase means one thing: an employer is responsible for its employees’ on-the-clock actions, even when the employer didn’t do anything wrong. In short, in an 18-wheeler accident case, whenever you can sue the trucker, you can also sue his employing trucking company.

Manufacturers

In some situations, manufacturers cause 18-wheeler accidents by building products with manufacturing flaws or design defects. After all, big rigs are made up of many components, and these components have to function together for the semi-truck to operate safely. If a tractor trailer’s tires or cargo straps are unsafe and flawed, the tractor-trailer can pose a danger to other motorists on the roadway. If a manufacturer’s actions have led to a defective part, the manufacturer can be held liable and be named as a defendant for their role in causing your injuries.

Companies that Load Trucks

In some scenarios, the truck’s components might not make the semi-truck unsafe, but rather the loading of the truck might make it dangerous. For example, for most 18-wheelers, the law mandates that they can’t be loaded with over 80,000 pounds; nevertheless, many companies try to overload trailers to save the expense of extra trips. But overloaded trucks are more likely to tip over and cause an accident when the truck rounds a turn. Companies that load trucks don’t fasten the haul sufficiently to the flatbed trailer. This can result in the cargo coming loose from the trailer and causing danger for other motorists. If improperly loaded or overloaded cargo played a role in your truck accident, the cargo-loading company might well be named as a liable defendant in your lawsuit.

Companies that Plan Routes

18-wheelers can’t drive down the same paths as ordinary passenger vehicles. For instance, plenty of roads, bridges, and tunnels have weight, height, and cargo restrictions that have to be considered when the truck’s route is planned. Given these complexities, truck drivers rarely improvise their own routes while driving. Instead, route-planning companies are responsible for preparing the big rig’s paths ahead of time. Suppose the company that plans the semi truck’s route fails to take into account important restrictions and sends a truck on a route that will make it pose a danger to other motorists. In that case, the route-planning company may be held liable for any resulting injuries.

Truck drivers, trucking companies, manufacturers, companies that load trucks, and companies that plan routes are just some of the multiple individuals and organizations who may have been to blame for your wreck. Therefore, it’s critical to determine just which individuals or organizations, or which combination of them, are liable for your 18-wheeler accident. That allows you to recover the total compensation you’re due for your losses, and experienced 18-wheeler accident attorneys can name all of the liable parties for you. The 18-wheeler accident attorneys in our firm have two decades of experience in identifying all of the responsible parties.

Conducting an Investigation

In the aftermath of an 18-wheeler accident, it’s typically necessary to investigate the accident’s circumstances. Performing an investigation lets you figure out who caused your wreck, and it enables you to collect the evidence needed to prove in the courtroom who was behind your accident. As discussed above, you carry the burden of proof in the trial. Jurors don’t want to simply be told how to decide; they want to see, touch, and hear evidence that justifies your position. Therefore, powerful evidence collected in an investigation isn’t just a valuable component of a case. It’s necessary to win.

The experienced 18-wheeler accident attorneys in our firm have been performing thorough investigations for so many years that we have the procedures down to a science. In fact, our standard procedure is to fly to the scene of the wreck in just about every big rig accident we litigate. When we arrive at the accident scene, we start collecting evidence before it is lost. Pieces of wreckage, police reports, witness statements, measurements, photographs, test results, and other evidence that we collect may all help to prove your case. We find these items and store them so that they are later properly admissible in the courtroom.

On the other side of the case, the defense attorneys also perform an investigation of your 18-wheeler accident scene. They visit the site of the wreck and look for evidence that might make it seem you were responsible for the accident. Defense attorneys are often sent to the big rig accident scene just moments after the collision happens. They bring with them a team of investigators and accident recreation specialists. They get this head start on the investigations since they know that waiting a long time for evidence makes it more likely that the needed evidence will have dried up. For example, as time passes, witnesses to an 18-wheeler accident tend to forget what they have seen.

One recent case our firm’s 18-wheeler accident attorneys litigated demonstrates the need for prompt investigations quite well. In this particular case, our client was accused of causing the collision with a semi-truck that had happened in the night. The defendant claimed our client caused the wreck by driving without headlights. When our client called us for assistance, we hurried to the salvage yard where the remains of his vehicle were towed to. Sure enough, we discovered his vehicle was missing headlamps. But this wasn’t enough for us; we decided to check the salvage yard’s video surveillance tapes, tapes that had been scheduled to be routinely destroyed in just a few hours. The footage showed the defendant had entered the salvage yard and taken the headlamps from our client’s vehicle. With this footage in our possession, we were ready to expose the defendant’s tampering with the evidence.

This story’s moral is one the defense attorneys already know. It’s critical to get your investigation underway promptly in the aftermath of your 18-wheeler accident because evidence tends to be more challenging to find as time goes on. Though our 18-wheeler accident attorneys can build good cases even when we aren’t contacted until months following the wreck, our strongest cases are usually built when we are called by accident victims right away. So don’t lose time in getting a personal injury attorney at your side.

Obstacles to your Recovery

The clients of our firm are often quite savvy and sophisticated people who are fully capable of picking up a legal textbook and learning about the law by themselves. But, all the same, there’s much more to winning an 18-wheeler accident case than just knowing the law. That’s why big rig accident victims without lawyers can seldom receive the full compensation that their claims are actually worth. In the information below, we’ll explain three obstacles that commonly prevent unrepresented accident victims from receiving the compensation they would otherwise be entitled to.

Lying Truck Drivers

In any sort of litigation, the defendant will often have the motivation to lie. But in commercial vehicle accident cases, truck drivers have a special incentive to twist the truth. Not many trucking companies will hire a trucker who has a history of causing wrecks. Truckers are well aware of this fact, and they understand that if they are caught as the responsible party for your accident, they will likely lose their jobs and their careers. Given a choice between lying or losing their livelihoods, many truck drivers will opt to invent a story about how you caused the accident and about how they did not. If you can’t demonstrate that the truck driver is lying about the origins of the accident, you may well lose your case and receive nothing for your losses.

Our experienced 18-wheeler accident attorneys have strategies for getting the truth out even in the face of lying truckers. Often, we can gather so much evidence that the trucker is discredited. When witnesses’ statements, video surveillance footage, and forensic testing back up your version of the events, it’s not likely that a jury or judge will think of the trucker as credible. In other situations, we take depositions to root out the truth. In a deposition, a lawyer can ask questions to the defendant’s witnesses. The attorneys at our firm have conducted thousands of depositions in the past twenty years. We have perfected our questioning techniques, and we can use them to get lying truckers, to tell the truth far in advance of the actual trial.

Large Insurance Policies

The law mandates that trucking companies are obligated to carry insurance policies for their fleet of big rigs. These insurance policies are worth about fifty times the amount of policies carried on ordinary passenger vehicles. Therefore, insurers stand to lose about fifty times more money due to an 18-wheeler accident than they stand to lose in a typical passenger vehicle wreck. So they will devote about fifty times more resources to defending against paying these claims. It’s straightforward to understand why the enormous amount of money involved in these cases alone can make it harder to receive compensation from a truck insurance policy than from a car insurance policy.

Insurers use insurance adjusters to dodge paying out on 18-wheeler accident claims. These adjusters are nothing like the individuals you might have to deal with in the past if you have ever filed a claim against a policy on an ordinary passenger vehicle. Instead, insurance companies reserve their most experienced and ruthless adjusters to work on big rig accident claims. These professionals have reached their current positions by building track records of successfully denying commercial vehicle accident victims’ claims. Usually, the only thing these aggressive adjusters fear is facing an experienced 18-wheeler accident attorney.

Be careful when you talk with an adjuster. They’ll likely phone you to ask innocent-sounding questions about your 18-wheeler wreck. They might seem nice, but their actual goal is to get you to say something that can be used against you to harm your case. Whatever you say to them will be recorded and used against you. The best way to deal with insurance adjusters is to not deal with them. We don’t let insurance adjusters talk to our clients and badger them with questions at our firm. We take their calls instead. That way, they don’t have a chance to use your words against you.

Also, insurers frequently use specialized defense attorneys to help them dodge paying claims. These lawyers are highly skilled in insurance defense law, and they know plenty of technicalities that they can use to dismiss lawsuits brought by inexperienced plaintiffs or inexperienced lawyers. The accident attorneys at our firm, who have been practicing in this area of law for over twenty years and counting, know all of the defense lawyers’ tricks and how to respond to them.

Self-Insured Trucking Companies

An insurance company won’t be involved in the case whatsoever in some situations. This is because some trucking companies opt to be self-insured. In other words, they devote a portion of their budget to assets they can distribute to a plaintiff if they are ever successfully sued. If you face a self-insured trucking company, you likely won’t be negotiating with any traditional insurance adjuster. Instead, you will be dealing directly with an officer of the self-insured trucking company. Though standard insurance adjusters can be pretty aggressive and stubborn, self-insured trucking company officers are often even more challenging to deal with unless you have an 18-wheeler accident attorney at your side.

The salaries of self-insured trucking company officers typically come directly from their employers’ profit. In other words, if a self-insured trucking company officer opts to pay your claim, that means his paycheck will likely take a hit. In addition, because many self-insured trucking company officers are more concerned with their own finances than yours, you can expect their motivations to prioritize how they handle your claim.

Furthermore, unlike traditional insurance adjusters, self-insured trucking company officers are not licensed, professionals. Traditional insurance adjusters are supposed to abide by certain ethical guidelines to keep their licenses. But self-insured trucking company officers face no such standards. As a result, clients often hire us after self-insured trucking company officers have been harassing them. These officers are known for tampering with evidence and taking any number of other unethical steps not to pay victims’ claims. Call us right away for relief from these sorts of behaviors. Our 18-wheeler accident attorneys know how to use the law to stop their unethical conduct.

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Injury & Wrongful Death Lawyers: Oil and Natural Gas Drilling Accident Attorney : Texas Workers Compensation and Oil Rig Injury Lawyer: Injured On The Job While Drilling for Oil or Gas in Texas?

Long dormant for almost a generation, Texas petroleum is again “on the map” as our nation struggles to keep oil and gas affordable.

So in order to get the last drops of oil, and a huge, newly discovered reservoir of natural gas, drilling companies, contractors, wildcatters and the corporations they sell their valuable commodities to work long hours and under stressful circumstances. It makes no matter whether the drilling site is in East or West Texas, the Barnett Shale of 300 miles out in the Gulf. Every one of those reservoirs is “active.”

Because of this inherent stress, drug testing isn’t an everyday rule. But speed to market is. So it comes as no surprise that the petro-drilling industry is a terribly high-risk venture. This makes workplace injuries common: gruesome wounds such as instant amputations, crushed bodies, and horrible injuries from rig and pipeline blowouts or explosions. Broken bones, injured backs and concussions can debilitate any drilling worker at hour of the day or night. Tool pushers are usually the most commonly injured on a derrick. But no one who spends any time in the oil patch is immune. Who is responsible when any of these job-related accidents, many times the result of someone’s negligence, occurs?

There are several things you must know, and quickly. They are important points such as:

If the Texas drilling operation you work for had workers’ compensation insurance, which covers some reimbursement for medical expenses, lost wages, pain and suffering.

What to do if the drilling contractor or the company that manages the oilfield is also responsible for your injuries. Your ability to obtain compensation depends on the ability of an oilfield injury lawyer to get to the bottom of the accident, its causes, and find out who is liable.

Exactly who, from a variety of conceivably responsible parties (past your employer), might have contributed to your accident-related injuries, pain and suffering; whether they are aware of their contribution or not.

If something like this has happened to you or a loved one in your family, and if these are questions you have thought of, a drilling accident attorney with our Law Office can help you receive the financial compensation you deserve.

With oil likely never to see a sub-$100 per-bbl price again, it is more cost-effective to use technology not in existence 20 years ago to squeeze every drop out. And the more Texas can get for its newly discovered natural gas fields, the less oil a lot of people use, especially to heat their homes. But this drilling renaissance is powered in many places by machinery that dates back to the 80’s. So many oilfield accidents can be caused by worn or defective rigging and machinery in-use far past its prime. Pipelines in many areas (some of them highly-populated) explode from negligence, or material fatigue. Heavy objects such as pipes or other drilling equipment can fall near, or on any part of, the rig. A lot of people slip and fall on oil and water and hurt their backs. Let’s face it, the oil and gas patch (including the one out in the Gulf) is one of the most unsafe places to work in the world.

Resolving oilfield workers’ injury cases is frequently very complex. And in attempting to recover fair damage reimbursement, injured workers are opposed by arguably the most powerful corporations (along with their drilling associates, insurance underwriters and high-priced lawyers) on the planet. If you’ve been hurt in a rig accident on land or at sea, you’re a bug who threatens their privileged endgame of record profits in a seller’s market. Without an experienced attorney to represent them, injured oilfield workers are little more than a blip on their radar.

Still, you have faith in the possibility of resolving your injury compensation issues fairly. But you also know that you need an experienced petroleum accident law firm to represent you. This firm has to prepare for trial, but accept a fair settlement once the defendants know it’s the best outcome for them. And you also know it’s highly unlikely you will accomplish by yourself, with a legal “babe in the woods” or your nephew running the case after just graduating from law school. You’d just be serving them (or yourself) up to these business conglomerates, their insurers and legal minions. Then you get to count your losses.

Profits, Profits Everywhere, but No Civil Claim Need be Paid (Thanks to Workers’ Comp)

Texas-based oil drilling companies don’t have to purchase workers’ comp insurance. Only half of them do and if they were smart, all of them would. But that’s beside the point. All workplace injury cases in Texas fall into one of two categories. Subscribers, obviously use workers’ comp to cover their employees from on the job accidents. Non subscribers obviously don’t. So it must first be learned whether or not your employer is a subscriber or a non-subscriber before proceeding any further. This is because; depending on the answer to the above, subscriber and non-subscriber injury claims and cases require entirely different methods and strategies to resolve.

Workers’ comp is a legislature-mandated program that provides universal, no-fault coverage for worker injuries through a “pool” of funds that are provided by participating private insurance carriers. In the insurance industry, this is called “umbrella coverage.” Workers’ comp subscribers are not only able to have their injury claims settled quickly, cheaply, with minimal muss and fuss, they are also protected from just about every civil injury lawsuit.

But there’s a downside to this program. And the workers are the ones who feel the pain from it. By denying workers the traditional civil venues of compensation as-per workers’ comp state law, the rights of employees to be truly and fairly reimbursed are harshly conceded. Workers comp is great for someone who only needs their medical bills paid and will be back on the job in a few days. But for more substantial injuries, like those one suffers on a drilling rig, those benefits lie far below fair-market compensation levels. As a result, these state-mandated “benefit caps” amounts that are awarded rarely, if ever, fully compensate petroleum employees involved in larger, and longer, workers’ comp-covered claims.

Now as we said, the program deliver a certain level of financial relief and admittedly, a little bit of convenience to drilling and pipeline employees injured on the job. This “no fault” insurance covers workers, no matter how the oilfield accident occurred or whose fault it was. But as we said, the longer the worker is injured, the less and less workers’ comp serves his compensation needs.

But there’s another side of the workers’ comp coin. Many Texas drilling companies (and their sub contractors) are workers’ comp non-subscribers. And if you’re injured while working for a non-subscriber, that’s a “whole ‘nother story.” In order to receive compensation from a petro non-subscribing employer for your drilling rig injury, your only compensation avenue is to file a lawsuit. An experienced drilling accident attorney with our Law Office can get to the bottom of your company’s workers’ comp status, so you know what legal options are available.

Here’ one reason why you should call us quickly. Your serious injury means the odds have finally caught up with your non-subscribing employer. And sure as “T is the first letter in Texas,” once he learns you don’t have a good lawyer, and wants to further his false claim to you that he has workers’ comp, he’ll move quickly to avoid a lawsuit. He’ll show-up at your hospital bed, patting you softly on the arm, telling you to heal-quickly and get back “because we all miss ya.” And then he will, “oh by the way,” ask you to sign an official-looking form he represents as a “standard workers’ comp release” in order to further his fraud and dodge that lawsuit. He might even show up with your “first check.” But be careful. If you sign without calling an experienced drilling accident attorney first, your chance to get him to pay fairly for your injuries (and disability?) is toast!

Alternative Revenue Sources to Workers’ Compensation, And Your Options Against Non Subscribers

Once you get past workers’ comp, there two primary avenues to recover injury damages, one of them is an exception to the workers comp civil suit restriction, which we’ve already mentioned. It involves employer gross negligence which leads to a fatal worker accident, either immediately or over time. So if you have a loved one who died as a result of an oil drilling accident, even if you don’t suspect gross negligence by anyone, you need to talk to an experienced lawyer. For if it turns out the accident was caused by employer gross negligence, then you, as an immediate family survivor, stand a very good chance of winning a civil wrongful death lawsuit, even if it’s against a workers’ comp subscriber.

But the more practical approach to non-subscriber liability for injuries you suffered on the rig – be it on land or offshore – is through a third-party claim or lawsuit. This is the thing your terrified, best-buddy boss was trying to avoid when he visited you in the hospital a few paragraphs back.

If his rig or drilling equipment was not maintained properly, or he didn’t provide safe working conditions, or if one of his helicopters ditched 50 miles offshore and you floated in the water, injured for hours, then he could be held accountable. If a faulty piece of machinery caused the injury, then the manufacturer may be held accountable through a defective product lawsuit. If a drilling contractor working for the rig owner, or another employee negligently caused your injury, they could be held accountable, as well as your employer, maybe. The same thing can be said for the corporation that hired anyone to oversee the drilling rig or offshore platform.

In all such events, you can sue the non-subscribing responsible party or parties, even if you can’t sue your direct employer who subscribes to workers’ comp. But here’s some good news. Third party lawsuits do not prohibit you from filing a workers’ comp claim against your employer in addition. Often, a “no fault” workers’ comp claim coupled with a third party lawsuit against another clearly liable party often combine to deliver the necessary fair compensation.

But in order to reach this “endgame,” you need the deft hand of an experienced drilling accident attorney to thoroughly investigate the accident scene and determine roles everyone played in your drilling rig or pipeline accident, and then construct the best strategy to get you the appropriate compensation for your injuries, pain and suffering for your drilling rig-related injury case.

It’s not hard to understand why many pipeline and drilling companies along with their independent “wildcatter” brethren don’t subscribe to workers’ comp, even if it’s better than the alternative of not having it when it when it’s needed. They’re mostly too cheap to buy it because they try to cut corners whenever possible. Workers’ comp insurance, though it costs less than traditional oil and gas production insurance, is still not economical for some. But that’s because of the fundamental dangers of the petroleum drilling industry itself. And since a lot of the independents live from hand-to mouth, insurance is a luxury they can rarely afford. Oh sure, they have money. But you can bet that, with a lot of them, none of it is tied up in insurance policies.

So, once injured, the victim, or plaintiff, must file a claim against the non-subscribing employer, or third party defendant, notifying him or her of the injury and the fair restitution the victim expects. If you work for a defendant who has insurance, they usually hand the matter over to them. Most of the time, the insurer will quickly dispute your plaintiff allegations. But if you have a good attorney, and your case has immediate and apparent strength, it’s possible that negotiations will deliver a fair settlement to pay your bills paid and all of your reasonable damages. But, just as often as not, drilling rig injury cases are contested. Then you and drilling accident attorney must file a lawsuit to win fair compensation. And as the injured party you, the plaintiff, holds the burden of proving that the defendant’s negligence caused your injuries and upended your, and your families lives.

Oil Patch Defendants Always Say it’s Not Their Fault: but Yours

If your drilling employer is a workers’ comp insurance non-subscriber, or the third party against whom you’ve filed an injury claim has private coverage, then he or she isn’t likely to automatically pay you for the harm you’ve suffered due to that negligence. That’s because the insurance company doesn’t want your employer to do that. And paying a claim will certainly produce even higher coverage rates for the defendant(s). Our experience in these matters has revealed that most non-subscribers, their insurance companies and attorneys will often one or two traditional defenses to avoid paying injured employees the restitution they deserve.

The primary liability defense afforded non-subscribers after an oilfield employee suffers an injury is to charge the plaintiff with sole proximate cause. This means the victim was totally to blame for his or her own injuries. In order to invoke the sole proximate cause defense, non-subscribing employers, their insurance companies and attorneys say and do anything to soil your good reputation as a worker by claiming you were careless or irresponsible and caused your own injuries. And since insurance companies are very experienced, and their attorneys very shrewd, when it comes to fighting your claim or civil case, your own cunning oilfield accident attorney to turn the tables of liability back on the negligent employer or third party is a powerful weapon on your behalf.

When you are injured on a drilling rig, many clever employers place themselves in a position to claim you are technically not their employee, but rather, a contractor. This tactic is supposed to help them avoid responsibility for your drilling rig injury since no Texas employer is liable for their subcontractors or their employees’ injuries. So by claiming this technicality to deny the existence of an employer-employee relationship between you and the company, they then pose the question of why they should be for compensating an injured non-employee?

But most of the time, it’s a ruse. They hire their employees as employees, not as contractors or as temp workers through a third-party. They know that an actual employer-employee relationship exists and the injured worker has the right to obtain compensation against this non-subscriber. They’re just hoping no one will find out a release has been signed by this worker who is unaware of the employer’s subterfuge, then accepts compensation for his injuries that would never fully compensate him. But a skillful, well-seasoned drilling rig accident lawyer can quickly reveal this employer for what he really is, and prove the employer-employee relationship by meeting at least one, and often more, of the following standards of employment:

Social security or taxes have been withheld from your paycheck by the employer.

The essential equipment for the job was supplied to you by the employer.

Your work has been regularly managed, overseen or inspected by your employer.

A specific work schedule has been set for the job by the employer. You are not free to come-and-go as you please.

Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.

You have been employed for an undetermined period of time and not just for a single job.

You are paid by a salary or an hourly wage and not on a job-by-job basis.

In cases where a worker is borrowed from another company, or a third-party agency, and then is injured on the job, the rules for determining the working relationship are similar to those above, but there can be some important differences. Some of these conditions may include:

If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor

Most of the time, if the borrowing employer is allowed to pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.

This answer is the same when it comes to tools and equipment. If the worker must provide them, that person is a contractor. If the employer provides them, the worker is an employee.

If the agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.

If the worker is borrowed indefinitely, then the worker is an employee. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.

If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can fill, then the worker is an employee.

If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.

A thorough investigation of your employer by a skilled drilling accident attorney proves the existence of any one of these standards. By accomplishing this, your employer finally knows he must is liable for all the damages owed to you. And his subterfuge, once it is brought out in the open usually doesn’t sit well with civil trial juries. So many times, this “he was my contractor” house-of-cards defense collapses. Then the employer will probably see reason and settle with you. Whether he does or not depends on the rest of the evidence you present. As your drilling accident attorney, we will depose co-workers, review contracts and examine pay stubs to clearly prove establish that you were an employee when you suffered your drilling rig injury.

Fight the Arrogance of Your Opponents in an Oilfield Accident Liability Case

In all non-subscriber and third party oilfield injury claims, defendants usually have large insurance companies with lots of good attorneys to oppose you. The remainder of those employers will be “self-insured” or uninsured. And all fight just as hard to avoid paying for your injuries. And if one of the corporate petroleum giants is involved, pity the poor foolish oilfield worker who makes an injury claim against them alone.

Non-subscribers’ insurance companies have attorneys either on staff or permanent retainer. They are very good defenders of their clients against oil rig accident claimants like you who try to sue them. Insurance companies are always confrontational under such circumstances. But you can beat them if you have a just cause for claim, solid evidence, and an experienced attorney in your corner who knows every trick they pull, and how to counter it.

But as bad as the insurance companies can be in an oil patch injury claim or lawsuit, self-insured contractors and subcontractors who are liable your injuries, or those who have no insurance at all, use every trick they can think of once an injured worker takes legal action against them to recover damages. Some of those tricks are obscene and some even cross the legal line.

You will deal directly with an officer if the self-insured drilling or pipeline company is a small one. This person’s salary is derived from company profits. Whatever you’re paid for an injury comes directly out of company funds. So by compensating you, your employer, or that third party, literally takes money out his own pocket. A sneaky, self-insured company officer uses any and all means to oppose your claim in order to protect his company’s, and personal, assets.

Self-insured drilling contractors and subcontractors can deliberately dispose of evidence as well bribe or intimidate witnesses, even you. They sometimes resort to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court to prevent anyone within the company from behaving inappropriately against our clients. Sometimes these motions include clear demands that they make no attempt to communicate with our clients, or their families, in any way without one of our attorneys present.

Injury Claims on Offshore Drilling Rigs are Different from Texas Worker Injury Laws

The laws that govern work injury cases to those who work on offshore drilling platforms, regardless of whether the rig is a “jack-up” inside U.S. territorial waters or a deepwater platform, are completely different than those governing petroleum drilling on Texas soil.

Most (but not all) platform drilling injury cases will fall under the Jones Act (also known as the Merchant Marine Act of 1920). But other legislation such as the Death on the High Seas Act and the even older Limitations Liability Act of 185, which was enacted years before the laws that govern today’s insurance companies, might also come into play.

And though the same types of damages available through Texas Civil Law are offered to offshore platform workers through the above-mentioned pieces of maritime legislation, the mechanics of winning compensation for injuries, lost wages, pain, suffering and death benefits are dramatically different because there are many contradictory loopholes through which defendants might be able to use against your claim. The insurance companies who underwrite offshore drilling companies and their attorneys are much more specialized than you would find in a Texas accident injury case. We have much more information on maritime drilling injury accidents and the process of filing and winning a civil suit if you will follow this link. But it’s paramount that if you have been injured in an offshore drilling accident that you contact one of our drilling accident attorneys to better understand your injury compensation rights if you have been injured on an offshore drilling platform. No Matter Who You Sue, You’re In for a Fight.

In all oilfield injury suits, defendants usually either have powerful insurance companies with very good legal representation to stand in your way, or will be “self-insured” or uninsured. No matter which of these three categories your opponent falls into, they all fight just as hard to avoid paying for your injuries. And if one of the corporate petroleum giants is involved, they may have a powerful patron to back them up, if it suits their purposes.

Attorneys are either on staff or permanent retainer to represent non-subscribers’ insurance companies. They have to be good defenders of their clients or these deep-pocketed insurance companies would never hire them. These attorneys, and their Insurance company clients, often act confrontational, patronizing and very dismissive towards you. But you can beat them if you have a just cause for claim, solid evidence to back it up, and a drilling accident lawyer to counter their arrogance and trickery.

But as bad as they are, other opponents can be even worse. They would be the self-insured contractors and subcontractors who are liable your injuries, or those who have no insurance at all. These people, usually the wildcatters and independents, can come up with even worse tricks once an injured worker takes legal action against them to recover damages. Some of their tricks would curl your hair.

You will deal directly with an officer of this self-insured drilling or pipeline company whose salary is comes from company profits. So if this person pays your injury claim that money comes directly out of company funds. So by compensating you, your employer, or that third party, literally takes money out his own pocket. We’ve seen many sneaky, self-insured company officers use any and all means, legal or otherwise, to oppose your claim while he protects his company’s, and personal, assets.

These people are not above deliberately destroying evidence, bribing or intimidating witnesses, or resorting to physical threats against you, your attorney, or anyone else standing in his way. When we represent a client against a self-insured company, the first thing we often do is to file motions to prevent anyone within the self-insured company from behaving inappropriately against our clients. Sometimes these motions include clear demands that not even communicate with our clients, or their families in any way without one of our attorneys present.

What You Need to Do (and Not Do) Right Now to Win Oilfield Injury Compensation

The most important thing for you to remember right now is this. Before you speak with an insurance company, or accept even a single dollar of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. Your employer or his insurance company is praying that you’ll accept a substandard settlement and save them money, and a trial. So keep your mouth shut and your eyes wide open. In fact, it’s never a good idea to discuss any details of your injuries or intentions, or anything else about the injury, with your employer, a third party, anyone with the insurance company, or even your co-workers before you speak to an experienced drilling accident lawyer. He’ll tell you to keep on keeping your mouth shut. And it’s good advice.

Then, you must realize the critical importance of acting swiftly. In oilfield accident cases, the evidence begins fading almost immediately. Physical evidence can quickly change, or be lost forever. Witness stories change, or they forget what they saw. If you wait too long to hire an attorney and put him to work, you seriously compromise your ability to win the injury damages you and your family deserve.

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