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dallas car accident lawyerAfter a car accident, it may seem like your to-do list is neverending. You may have doctor’s visits, physical therapy appointments, and even counseling appointments, all on top of arranging to have your car repaired or replaced. When a car insurance company calls you about the accident, it may be tempting to simply get the conversation over with as quickly as possible so you can get back to everything else. However, doing so could affect your claim. 

Before you speak with an insurance company, you may want to speak to a lawyer. An attorney who is experienced with car accident cases can protect your interests during any dealings with insurance agents. 

What Should I Keep in Mind When an Insurance Company Calls?

Most people receive a phone call from insurance within a few days of the crash. This is hardly enough time for many accident victims to recuperate from the accident and adequately prepare for the conversation. When insurance calls you about an accident, remember these tips: 

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dallas personal injury lawyerAfter a car accident, the faster you act, the better. The sooner you start the process of seeking compensation, the more likely it is that needed evidence will be easily located and preserved. However, it is not always possible to act right after a car accident. Delayed injuries may not be easily attributed to the crash for some time, and people under legal disability often cannot file a lawsuit right away. While the statute of limitations for filing a claim is two years in Texas, there are a variety of situations that may extend that limit. If you were hurt in a car accident, whether recently or last year, it may be wise to speak to a qualified attorney when you are able. 

What is the Texas Car Accident Statute of Limitations? 

In Texas, the general rule is that you have two years from the date of the crash to file a complaint with the court. Statutes of limitations serve an important purpose. Years after a car crash, much of the evidence has probably been lost and witnesses have likely forgotten what they saw. Despite this proof problem, there are a few exceptions for special cases where the statute of limitations can be paused, including: 

  • Minors - Because minors do not have the legal ability to file a lawsuit on their own behalf immediately, the statute of limitations pauses until they have turned 18 years old. From the date of their 18th birthday, the minor then has two years to initiate a lawsuit. 

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texas work injury lawyerTexas is the only state in the nation that does not require employers to subscribe to workers’ compensation. In every other state, an injured employee’s only recourse is through workers compensation. In Texas, however, an injured employee who works for a non-subscribing employer has the right to sue for compensation. Interestingly, workers have the upper hand in non-subscriber injury cases in one key way - the employer’s defenses are limited. 

If you were hurt on the job and your employer is a non-subscriber, it is very important that you talk to a qualified lawyer as soon as possible. An attorney will want to begin his own investigation without delay, and will be able to tell you if any of these restricted defenses could help your case. 

Which Defenses are Unavailable to a Non-Subscribing Employer? 

Employers who subscribe to workers’ compensation insurance have a few defenses available to them that non-subscribers cannot use. If your employer is a non-subscriber, they cannot raise any of these defenses: 

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Carrolton truck accident lawyer for driver fatigueDrowsy driving is a problem that affects many people, and when someone nods off or falls asleep while behind the wheel, this can lead to a dangerous collision. Drowsy driving is even more dangerous for drivers of large semi-trailer trucks since truck accidents are likely to result in serious injuries for people in other vehicles. Unfortunately, driver fatigue is a common issue that affects truck drivers. Those who have been injured in collisions caused by a drowsy or fatigued truck driver will need to work with an attorney to determine how they can hold the driver and/or the trucking company that employed them liable for their damages.

The Dangers of Truck Driver Fatigue

Drowsy driving can have a major impact on a person’s ability to drive safely. Truck drivers who fall asleep behind the wheel may collide with other vehicles or pedestrians, run other cars or trucks off the road, or collide with obstacles, which can result in rollover accidents that affect multiple other vehicles. 

Even if a driver does not fall asleep, drowsiness will cause them to be less attentive to what is happening on the road around them. It can also slow a person’s reaction times and affect their ability to make decisions quickly, meaning that they may be unable to respond quickly enough to avoid a collision. In fact, scientific studies have found that if a person stays awake for 18 hours, this is equivalent to having a blood alcohol content (BAC) of .05%, and staying awake for 24 hours is equivalent to a BAC of .08%. The legal BAC limit for commercial truck drivers is .04%.

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Large trucks are an essential part of Texas’ economy. Truck drivers traverse across the entire country, bringing goods from all over. While these vehicles and drivers might serve an important function, they also pose a serious threat. Large truck accidents are life altering and, in some cases, even life ending.

In accidents involving large trucks and smaller passenger vehicles, victims in the smaller vehicles are much more likely to suffer fatal injuries. Part of the problem is that tractor trailers simply weigh more than cars — a lot more. The average large truck weighs as much as 30 times more than passenger vehicles. Sadly, several issues could result in these massive vehicles causing a serious accident.

Poorly maintained equipment

Trucking companies are supposed to ensure that their vehicles are properly maintained and free of defects. Unfortunately, defective equipment is a common factor in large truck accidents. Brake defects factor into an astounding 42% of all investigated trucking accidents. A single defect can increase the risk of a crash by 200%.

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