Factories are packed with dangerous equipment, powerful machinery, and hazardous chemicals. Unsurprisingly, workers in the manufacturing industry face an increased risk of injury or death in a work accident. If you or a loved one were injured while working in a factory, it is important to understand your rights under Texas Law.

Unlike some states, Texas does not require employers to get workers’ compensation insurance for their employees. However, even if an employer does not carry workers’ compensation insurance, there are still legal avenues available for injured workers to recover compensation.

Financial Compensation after an Industrial Accident

Although government agencies like OSHA require that certain safety standards are met in factories, this does not completely eliminate the risk of a serious or even deadly accident. Falling objects, electrical accidents, heavy machinery accidents, equipment malfunctions, and explosions are just some of the dangers factory workers may be exposed to.

Texas law prohibits drivers from sending or typing electronic messages while driving. However, some drivers ignore this important rule. If you were injured in a car accident caused by someone who was texting and driving, you have the legal right to seek compensation for damages. Unfortunately, distracted drivers are responsible for thousands of avoidable auto accidents every year, so it is important that victims of these crashes know their rights.

Texas Law Regarding Insurance Claims and Personal Injury Claims

Texting and driving accidents often lead to painful injuries and significant financial losses. The first option for someone who is injured in a crash caused by a distracted driver is to pursue payment through the at-fault party's insurance company. Auto insurance companies are supposed to reimburse accident victims for their losses. However, getting adequate compensation from an insurance company can be difficult.

If the insurance company denies your claim or offers an unreasonably low payment, you may have to file a personal injury lawsuit. This is often necessary to ensure that victims are properly compensated for medical bills, lost wages, pain and suffering, and other damages. Texas personal injury law allows injured parties to file a claim for damages if another party's negligence or wrongdoing causes them harm. Texting and driving is not only negligent, it is also against Texas law.

For motorcycle enthusiasts, there are few things that compare to riding a motorcycle through the winding roads of Dallas. Unfortunately, riding a motorcycle comes with significant dangers. Motorcycles make up just three percent of the registered motor vehicles in the U.S., but they account for 14 percent of traffic fatalities. Tragically, many motorcycle fatalities are preventable. If other drivers simply paid more attention to their surroundings and drove with caution, thousands of motorcyclists’ lives could be saved.

If your spouse passed away in a motorcycle crash, you may be able to take legal action against the at-fault party and seek justice for your deceased loved one. You may also be able to recover compensation for expenses such as medical bills and funeral costs.

Who is Legally Responsible for a Fatal Motorcycle Wreck?

Motorcycle accidents are most frequently caused by negligent driving. Other drivers who are distracted by cell phones or GPS systems may not notice a motorcyclist in the lane beside them. Drunk drivers may not be able to see or respond to a motorcycle at all. Speeding, failure to yield, failure to stop at a red light, and other traffic violations are also common causes of motorcycle crashes. 

Large commercial trucks are one of the primary ways of transporting goods across the Lonestar state. Many semi-trucks carry everyday items such as produce, clothing, furniture, or electronics. However, there are also trucks on the road carrying extremely dangerous materials.

Hazardous materials such as explosives, toxic gases, flammable liquids, and corrosive substances can be incredibly dangerous. In the event of an accident involving a truck carrying hazardous materials, these dangerous chemicals may be released into the air or onto the road. The materials may catch fire, exponentially increasing the severity of the situation.

If you or someone you care about was involved in an accident involving a hazmat truck, reach out to a truck accident injury attorney for help. You will likely face life-changing consequences because of the accident, including substantial financial losses. Your attorney can help you file a claim to pursue compensation for these losses.

For many people involved in serious car crashes, their bodies never fully recover from the trauma of the accident. The forces placed on the human body in a collision are powerful, and medical professionals may not always be able to help individuals get back to their pre-accident state. They may experience some improvement but still deal with lingering symptoms for months or years after the crash. Some people are left permanently disabled after a wreck.

To help those who have suffered from injuries in a car accident, Texas law allows injured parties to seek financial compensation for the losses they have incurred. In some injury claims, damages include compensation for lost earning capacity. Testimony from a vocational rehabilitation expert is often crucial in proving the impact of a person's injuries on their ability to work.

What is a Vocational Rehabilitation Expert?

Vocational rehabilitation experts are professionals who specialize in helping people with physical or mental impairments find gainful employment. They may assess an individual’s skills, abilities and interests as well as their disability and how it affects their employability. They are also experienced in providing guidance and support when it comes to job searches, resume writing, and interview preparation.

Speed limits exist to keep motorists, bicyclists, and pedestrians safe. However, traveling faster than the posted speed limit is common. One study found that approximately half of all drivers admit to speeding from time to time.

If you were hurt in a car crash caused by another driver and you were speeding, you may have questions about your right to recover compensation for vehicle repairs, medical bills, and other expenses. You may wonder whether you have the same entitlement to compensation as someone who was obeying the speed limit.

As with many legal matters, the answer to this question depends on several factors. In this blog, we will explore Texas laws regarding comparative negligence in a car accident case as well as what you can do if you were injured in a crash while speeding.

Many dogs are sweet, lovable companions. However, not every dog lives up to their reputation as "man's best friend." Dog attacks can lead to horrific injuries, including puncture wounds, lacerations, nerve and tendon damage, and broken bones. These injuries are also at a high risk of infection due to the bacteria and other pathogens found in a dog's mouth. Scarring and disfigurement, post-traumatic stress disorder, anxiety disorders, and other conditions are also possible consequences of a dog attack.

Sadly, young children are at an especially high risk of injuries from dog bites and dog attacks. If your child was injured by a dog, it is important to know your rights under Texas law.

Texas Strict Liability for Dog-Related Injuries

State law varies when it comes to dog-related injuries and deaths. In Texas, dog owners are generally liable for dog bite injuries if:

Texas law allows individuals who are injured in car accidents to seek monetary compensation for damages. Expenses like vehicle repair or replacement, medical bills, and lost income caused by missed work may be recoverable through a personal injury claim. Compensation for non-financial damages like pain and suffering may also be available.

However, bringing a successful car accident injury claim is much easier said than done. The at-fault party's insurance company will do everything it can to avoid large payouts. Accident reconstruction is one tool a personal injury attorney may use to demonstrate the elements of a personal injury claim and recover compensation.

What is Accident Reconstruction?

Many car crashes turn into a "he said - she said" situation. Each party may claim that the other party is at fault for the crash. Accident reconstruction is a process of analyzing the evidence from a motor vehicle crash to determine what happened and which driver was at fault. It involves many different methods, including examining skid marks, measuring debris fields, taking photographs or videos of the scene, interviewing witnesses, and investigating damages. A trained accident reconstruction specialist will analyze this evidence to develop an opinion about how the crash occurred.

Being struck by a vehicle while walking is one of the most traumatizing experiences a person can go through. If you were injured in a pedestrian accident with a car, you may be wondering if you can sue for your injuries. The answer is yes - in most circumstances, you do have the right to take legal action against the driver who hit you or the owner of the vehicle.

Filing a Claim After a Pedestrian Accident

When filing a claim, there are several factors that must be considered, including the circumstances of the crash, proof of the driver's liability, and the at-fault driver's insurance. It is important to speak with a personal injury attorney as soon as possible after the accident, so that your rights can be protected and all of the necessary steps can be taken to seek justice. Your attorney can help you gather evidence like medical records, witness statements, and forensic evidence at the accident scene.

Compensation for Injuries Caused by a Car Crash

If you were injured in a pedestrian accident, you may be entitled to compensation for financial damages as well as non-financial damages. You could be reimbursed for:

Spine injuries are one of the most debilitating injuries that can occur after a car crash. The spine is made up of a series of bones, discs, and nerves that run from the base of the skull to the pelvis. These bones, discs, and nerves work together to support the weight of the body, protect the spinal cord, and allow for movement. When the spine is damaged in a car crash, it can cause pain, paralysis, and even death.

If you or a loved one have been involved in a car crash and have suffered a spine injury, you may be entitled to compensation for your medical bills, lost wages, and other damages. An experienced personal injury lawyer can help you pursue the compensation you need.

Elements of a Successful Spine Injury Claim in Texas

Texas personal injury law allows car accident victims to recover compensation for their injuries if another driver was at fault. Negligent driving is often the root cause of severe car accidents. Spine injuries may result from:

Few things are more frightening than spotting a driver who is staring down at their phone or another distraction headed right for you, oblivious to your presence. Distracted driving accidents can be terrifying - and are generally completely preventable. The frustrating thing about car accidents involving an inattentive driver is how easily the at-fault party could have prevented the accident just by paying attention to the road. Distracted driving is not only dangerous, but it may be illegal in certain scenarios. Using a cell phone while driving may earn Texas drivers a ticket except in certain circumstances. If you were injured by a driver who was distracted by their cell phone or any other attention-grabbing stimuli other than the road, they may be financially liable to you for your injuries and other damages. It is generally best to work with an attorney while pursuing compensation for a distracted driving accident. 

Can Texas Drivers Use Cell Phones at All?

Cell phones are a very, very common culprit in distracted driving accidents. While Texas state law allows drivers over the age of 18 to talk on their phones using hands-free technology, some cities and municipalities have enacted their own ordinances prohibiting even this use of a phone. 

Otherwise, drivers in Texas may only use their phones in limited situations. For example, a driver may use their phone while stopped at a red light. Devices may also be used for things like navigation and playing music, if the car itself is not equipped with these integrations. Vehicles with integrated infotainment systems are still relatively new, and there is not yet a significant amount of legislation pertaining to their use. 

People do not generally leave home expecting to become involved in a motor vehicle accident due to another person’s carelessness. It can be difficult to remember what legal obligations you may have during an unforeseen emergency. However, it is important that all Texas drivers are aware of what the law says regarding their duties following a motor vehicle accident. These laws are in place to ensure that accidents can be properly investigated and legally addressed. Failing to follow the law during the aftermath of a car accident could potentially affect your claim.

Acting in compliance with Texas law may be helpful to your claim as your attorney begins to collect evidence and prepare your case. If you have been injured in a car accident caused by another party’s negligence, you may be legally entitled to recover compensation. An attorney may be able to help. 

What Texas Law Says About Your Obligations Following a Motor Vehicle Accident

The Texas Transportation Code sets out certain duties that drivers have after a car accident. A driver who has been involved in a motor vehicle accident that has injured someone, is reasonably likely to have injured someone, or causes damage to a vehicle must: 

Injuries sustained in slow-speed accidents can still be dangerous. When an accident occurs at high speeds, however, the probability of severe injuries increases astronomically. Human bodies were not made to endure the type of force involved in high-speed highway accidents. It is rare for everyone involved to walk away unharmed after such an accident. More commonly, an ambulance is needed due to the severity of injuries. 

If you were injured in a high-speed accident, your injuries might be lasting and painful. You may also find that you have become overburdened by the expenses associated not only with medical care, but with ordinary expenses after a prolonged absence from work. But you may be entitled to compensation for these costs and losses. 

Injuries Commonly Sustained in Highway Accidents

A majority of high-speed collisions take place on highways and interstates, although they may occur anywhere if another party is driving at excessive speeds. Common injuries resulting from high-speed accidents include: 

Delivery drivers go a long way toward making our lives more convenient. With everyone back to their post-pandemic busy schedules, you may not always have time to physically go to a store to search for the things you need. Using services like Amazon or UPS and FedEx can be much easier than driving around town looking for an item. The same is true for food deliveries - many families do not have the time or energy to cook every night. Parents can simply order dinner from their cell phones rather than loading young children into the car to go to a restaurant. 

However, there is no guarantee that all delivery drivers are as skilled behind the wheel as one would hope. These jobs often have high turnover, and drivers are often forced to make an unreasonable amount of stops in a short time. If you or your child have been injured by a delivery driver, you may be entitled to compensation. 

How Delivery Schedules Create Unsafe Driving Conditions

One of the main reasons that delivery drivers become involved in accidents is that they are always in a rush. National delivery companies often set schedules to which drivers cannot safely adhere. Amazon delivery drivers, as well as those who deliver for companies like DoorDash and GrubHub, are typically independent contractors who are paid per delivery, rather than hourly. This scheme can push drivers to make as many deliveries as possible as quickly as possible. 

Most people who work in riskier jobs are very familiar with Workers’ Compensation. It is a very well-known program that allows workers who get hurt on the job to have things like their medical bills and lost wages covered. Texas is fairly unique in that employers are not required to subscribe to Workers’ Compensation. Most other states do not give companies any choice in the matter. In Texas, however, many employers choose to forego Workers’ Compensation and opt for a different type of insurance. If you get injured at work, you should be covered under your employer’s insurance if they do not use Workers’ Compensation. If you were hurt at work and your company is a non-subscriber, you may have a few extra challenges while pursuing compensation. Jerry D. Andrews, P.C. is ready to fight for compensation on your behalf. 

The Differences Between Workers’ Comp and Self-Insured Claims 

Workers’ Compensation was designed and intended to create a streamlined process for injured workers to file a claim and start being compensated. Dealing with a non-subscriber can be a little more difficult. Rather than working with a public program, you will be up against a private insurance company. 

Like any other type of insurance company, they are interested more in profiting than making sure you have the compensation you need after a workplace injury. If you have ever needed compensation from a car insurance company, you have a fair idea of what to expect. This is one of the main reasons why you need an attorney to handle your non-subscriber claim. 

A drunk driving accident can come out of nowhere and shake up your life. One moment, you are driving along on a nice summer night. The next moment, a drunk driver has come flying out of a side street and hit you. Or maybe you had seen them swerving miles ago and had been trying to avoid them before the inevitable happened. Either way, you got injured because someone made the choice to drink and drive.

Depending on the severity of your injuries, you may be unable to work and losing income, or you could be getting buried under piles of medical bills. You deserve to be compensated for what has happened to you, and depending on the circumstances, you could have a claim against multiple parties. Our attorneys can work with you to help you decide who may be liable to you. 

Who Could be Held Responsible for the Accident?

Your lawyer will want to do a little digging in order to figure out who could be liable given the particular circumstances of your accident. Parties who you may have a claim against could include: 

Some lines of work are inherently dangerous. If you work in construction, or in a factory around heavy machinery, your risk of getting injured at work is very high. Many injuries that happen on job sites are relatively minor and will heal. Injuries like sprains or some broken bones often improve after a period of rest so that the injured person can go back to work. Other injuries are much more serious. Traumatic brain injuries can have major lifelong effects. Every traumatic brain injury is unique. The particular effects you may suffer depend on which parts of the brain are most affected by the injury. In many cases, a worker who suffers a TBI will not be able to come back to work and may need permanent disability payments through Workers’ Compensation or through your company, if they are a non-subscriber. 

The Effects of a Traumatic Brain Injury

A TBI is always a very serious injury that requires hospitalization. You may need to have brain surgery to relieve swelling, which can be risky. After the acute crisis period has passed, a TBI can have lingering effects on you, including: 

• Memory loss - While soap opera-like total amnesia is highly unlikely, many people who have had a TBI lose some memory. You may have difficulty recalling the events leading up to the accident, or you may not remember how to do certain tasks. 

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Rear-end collisions can range in severity from very mild, like a bump in a parking lot, to devastating, like when a semi-truck hits a sedan. The driver in back is nearly always responsible for the car accident, as they are generally the one who could have prevented the crash. The driver in front is usually powerless to avoid being struck from behind. Head, neck, and spinal cord injuries are somewhat common after a particularly hard rear-end impact. Wrist and arm injuries are somewhat less common, but likely to occur if the occupants of the front vehicle saw the crash coming and attempted to brace themselves. The driver in back is almost guaranteed to be found negligent outside of very particular circumstances where the front driver did something to deliberately force the collision. If you were rear-ended, an attorney may be able to help you recover compensation. 

Negligent Driving Habits That Cause Rear-End Collisions

A few particular careless habits are often behind most rear-end collisions. The driver who rear-ended you may have been: 

• Distracted - Distracted driving is one of the leading causes of rear-end accidents. All it takes is for a driver to look down at their phone for just a few seconds, maybe to read or send a quick text, and they may find themselves crashing into the car ahead of them. Cell phones are the most common distraction, but drivers can also be distracted by anything from children in the back seat to their car stereo.

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Everyone has encountered a driver with road rage at some point. If someone aggressively cuts you off, makes rude hand gestures, uses their vehicle to block your path, or yells at you out their window, you are likely dealing with road rage. Studies show that since the pandemic began, instances of road rage have increased quite a bit. Perhaps this is because people became accustomed to the lighter traffic and are having difficulty adjusting to the return of rush hour. Whatever the reason, all drivers should know how to respond to road rage when it is directed at them. While it is not always possible to prevent a road-raging driver from causing a car accident and hurting you, taking the right steps can help keep you safer before, during, and after a road rage crash. If you were injured by a driver with road rage, our lawyers may be able to help you recover compensation. 

Addressing Road Rage Before an Accident

As soon as you become aware that another driver’s road rage is directed at you, you can begin taking steps to avoid or mitigate an accident. You could: 

• Change course - If you can, make a turn to get away from the driver. 

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While bars and other establishments that sell alcoholic beverages for consumption on the premises can be held liable for a drunk driving accident their customer caused fairly easily, social hosts are only liable under very limited circumstances. “Social host” refers to anyone other than a licensed drinking establishment who provides alcohol to their guests. An individual throwing a party in their home and providing alcohol is the classic example of a social host. Generally, social hosts are not responsible for the conduct of their guests and cannot be held liable for the harm caused by someone who drives away drunk and gets in an accident. However, under some limited circumstances, you may have a right to pursue compensation from a social host. An attorney can help you determine which parties to file a claim against. 

What if a Social Host Serves a Minor?

If a social host knowingly serves an unrelated minor under eighteen years old, they may be liable if the minor goes on to harm someone else due to their intoxication. This often happens when parents of teenagers permit their child to throw a party and provide alcohol. Adults should know better than to give alcohol to children, who are likely unequipped to behave responsibly while intoxicated. Adults who serve alcohol to minors may be held liable for harm caused by the intoxicated minors. 

What if a Social Host Keeps Serving Someone Who is Extremely Intoxicated?

Another situation where a social host may be liable for a drunk driving accident caused by their guest is when the host overserves an already-intoxicated guest. For this rule of law to come into play, the guest being served must have been obviously intoxicated to the point where the host should have realized that the guest was a danger to themselves or others. For example, if a party guest has already fallen over or vomited and the host continues giving them alcohol, then the host may be liable for an accident caused by the guest. This is common at parties thrown by young adults who have not yet learned to respect their limits and others’ limits.