Premises liability is a relatively broad category in civil lawsuits. Generally, if you got hurt on someone else’s property, including in a place of business, your injury likely falls under the umbrella of premises liability. Most of these lawsuits are the result of some type of accident, but premises liability also covers some limited cases involving intentional injuries, like those sustained during an assault. Deciding who is liable for these types of often very serious injuries can sometimes be complicated, especially when multiple careless actors or product defects come into play. 

If you were hurt while on another’s property, speaking to an attorney may be the first step towards recovering possible compensation. 

What Types of Incidents Lead to Premises Liability Claims?

All sorts of accidents, mishaps, and even crimes can happen when a business or property owner fails to keep his premises reasonably safe. That said, there are a few broad categories of personal injuries that often lead to a lawsuit grounded in premises liability. They include:

You have probably been told many times what to do after a motor vehicle accident if you were driving. However, few would know what steps to take after being hit by a car as a pedestrian. In many cases, the pedestrian is transported to the hospital by ambulance immediately after the accident and is unable to even exchange information with the driver at the scene. One of the smartest things you can do after getting hit by a car, as soon as you are able, is to contact an attorney. A qualified lawyer can take over investigating the accident and building your case while you recover. 

What to Do if You Are Hit by a Car While Walking

Accidents between a motor vehicle and a pedestrian tend to cause severe injuries. Recovering compensation for all your costs such as medical expenses and lost wages can be very important, as these costs can be quite high. Steps you can take to help preserve your claim and set you on the path to receiving compensation include: 

• Emergency care - It is crucial that you seek medical care after getting hit by a car. Injuries that may not be readily apparent, like internal bleeding and head trauma, are common. The adrenaline rush you may experience can temporarily block pain, making it more difficult to tell if you are injured right away. You will need to be fully evaluated by a doctor after this type of accident. 

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After 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: 

After 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 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: 

It is a commonly quoted fact that you are more likely to get into a car accident on your way to or from the airport than you are to get in a plane crash. This is very true - the sheer amount of traffic around airports can increase the risk of an accident. The commonality of car accidents near airports presents a danger to locals and travelers alike. If you were hurt in a car accident near Dallas/Fort Worth International Airport, you will want to contact a lawyer with experience handling car accident cases in the area as soon as you can. Evidence like road debris tends to be cleaned up - and lost - rapidly after an accident on a busy road. You will need your lawyer to begin his investigation promptly.

What Dangerous Driving Behaviors Cause Accidents Near Airports?

Anyone who has traveled by air in modern times knows what a chaotic hassle the entire experience can be. However, this is no excuse for drivers to drive carelessly on their way to or from the airport. Here are some common problematic driving behaviors that often cause accidents near airports:

• Rushing and speeding - Drivers who are running late for their flight are prone to speeding, weaving in and out of traffic, running red lights, and taking other risky actions in an effort to get to the airport on time. Locals may also become frustrated with airport traffic and try to speed through it.
• Unfamiliar roads - Thousands of visitors to the Dallas/ Fort Worth area rent vehicles at the airport and run into trouble with navigation. People driving in an area they are not familiar with may not see their exit coming up and abruptly swerve, or start to get off at the wrong exit and back up. Or, they may overcorrect to avoid making a wrong turn.
• Exhaustion - Between jet lag, early or late flight times, and the general tiredness that travel brings can cause drowsy drivers to get into an accident.
• Distraction - People rushing to make a flight tend to be distracted. They may take their eyes off the road to attend to their children in the backseat, check on luggage, look at their flight schedule, or text someone an update.
• Intoxication - Vacationers and business travelers alike tend to imbibe during travel. Some people feel that alcohol or drugs calm them down if they are nervous fliers. However, a calm airline passenger is not a safe driver if substances were involved.

While many of these factors are understandable, none of them is an excuse for causing a car accident and injuring someone.

After a car accident, it can be hard to think clearly. You might be in shock and have trouble remembering what you need to do between moving your car off the road, making sure everyone is okay, and trying to get insurance information from the other driver. One step should never be skipped - filing a police report. In Texas, drivers involved in an accident are required to report the crash to police if someone is injured, or if there is more than $1,000 in property damage. Beyond that, it is a good idea for preserving your claim should you later decide to seek compensation. If you have been hurt in a car crash, calling an attorney soon after the accident should also be a priority.

How Can a Police Report Help?

Besides keeping you out of legal trouble for failing to report an accident, there are a few reasons you should always file a police report after a car crash. A police report is sometimes the single most important piece of evidence in car crash litigation. Even if you do not think you will want to pursue compensation, it is important to have the police take a report anyway. Here is why:

• Neutral Perspective - Two drivers involved in an accident often tell wildly different stories about how the accident happened when questioned. The police can serve as a neutral third party who will document what they think happened during the wreck, so it will be harder for the other driver to push their version of events later.
• Preserving Evidence - Especially in more serious crashes, police may be able to document evidence from the scene of the crash that could help your case later.
• Criminal Matters - If the other driver was DUI, driving recklessly, or committing another crime behind the wheel, police may arrest or ticket him. This can help you prove that the other driver was negligent in causing the wreck.
• Weight of Evidence - Statements made by police officers are frequently considered more trustworthy than statements made by other bystanders or involved parties. Insurance companies may take the word of a police officer with little question.

Call a Dallas County Car Accident Attorney

If you were injured in a car accident, file a police report - then call an attorney. Jerry D. Andrews is experienced in helping car crash victims pursue compensation. Our Dallas car crash lawyers will fight for you to receive all the compensation you may be entitled to after an accident. Call 214-221-5800 for a free consultation.

The owner or manager of a building that includes a stairway has a duty to maintain that stairway in a safe condition. When they fail, very serious accidents can occur. Life-altering harm like spinal cord injuries and traumatic brain injuries can occur when a person falls down the stairs. In some tragic cases, stairway accidents can even be fatal. If you or a loved one has been injured on an unsafe stairway, a lawyer may be able to recover compensation. It is important to contact a lawyer as soon as possible after a stairway accident. 

What is Considered a Dangerous Condition on a Stairway? 

A number of conditions can render a stairway unsafe, and the premises owner is responsible for making sure these conditions do not exist. The premises owner may be found negligent and ordered to compensate the injured parties if any of the following dangerous conditions exist: 

• Low Lighting - If a person using the stairway cannot see very well, they are at a higher risk of tripping or falling and getting hurt. Stairways must be kept well-lit. 

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Right after you have been in a car accident, you may be feeling a rush of emotions. You are likely experiencing an adrenaline rush, which can act as a natural painkiller and make injuries harder to notice. Even if you do not feel pain right away, or see any visible marks on your body, you may still be injured and it is even possible that those injuries are serious. Symptoms of some injuries may not appear for hours or even days. 

It is very important to get in contact with an attorney as soon as possible after an accident, whether you initially think you are injured or not. A knowledgeable car crash attorney will be able to begin preserving evidence that may be vital if you decide to file a claim later. 

What Car Crash Injuries Might Have Delayed Symptoms? 

Even if you did get medical care soon after the accident and did not seem to be injured, you should remain vigilant for new symptoms over the next several days. Injuries that may not appear immediately include: 

There are multiple types of catastrophic injuries that can have drastic effects on a person’s short-term and long-term health. Brain injuries can be especially harmful, but they are not always easy to recognize, since their symptoms can sometimes be delayed. When a person suffers a blow to the head in a situation such as a car accident or work accident, the full effects of their injury may not become known until days or weeks after they were initially injured. By understanding the symptoms a person may experience and the long-term ramifications of an injury, a victim and their loved ones can take legal action to pursue compensation from the person or parties who were responsible.

Traumatic Brain Injury Symptoms

A traumatic brain injury or TBI involves damage to brain tissue resulting from a blow to the head or a strong jolt to the body that causes the brain to move around inside the skull. This may result in bruising of the brain, torn brain tissue, or serious bleeding, which can put pressure on the brain and cause additional damage. A mild traumatic brain injury may result in symptoms such as headaches, nausea, vomiting, fatigue, dizziness, blurred vision, ringing in the ears, confusion, temporary memory loss, or loss of consciousness. These symptoms will usually last for a short period of time, typically around a few days to a week.

Moderate or severe brain injuries can be much more serious, and they may result in some of the same symptoms as mild brain injuries, although these symptoms may persist for a longer period of time. A victim may also experience other long-term symptoms that affect their quality of life, such as chronic headaches, weakness in the body, loss of coordination, sleep disorders that result in difficulty sleeping or sleeping more than normal, slurred speech or difficulty expressing themselves, problems with concentration, impairments to hearing or vision, mood disorders such as anxiety or depression, personality changes involving anger or irritability, sensitivity to light or sound, continued memory loss, or seizures.

Of the different types of motor vehicle accidents that can occur, motorcycle crashes are some of the most dangerous. Motorcyclists have little in the way of protection, and if they are struck by a car or truck, they are likely to be seriously injured in the initial impact. They may also suffer additional injuries if they are thrown from their motorcycle and strike the ground, other vehicles, or objects near the road. Unfortunately, motorcyclists are often blamed for collisions, even though an accident is much more likely to be caused by a driver who acted negligently. Victims of motorcycle accidents can protect their rights by working with an attorney who can help them recover compensation from the driver who was responsible for their injuries and damages.

Negligence Leading to Motorcycle Crashes

When drivers do not take the proper care to drive safely, they can put themselves at risk, but they also increase the risks of injuries to others. Motorcyclists may be injured in accidents that occur because of driver negligence such as:

• Distracted driving - Motorcycles can sometimes be difficult to see, especially for drivers of vehicles with large blind spots, such as SUVs, vans, or trucks. If a driver is not fully paying attention to the road, they may fail to notice a motorcycle traveling near their vehicle, and they may collide with a motorcycle or run it off the road if they do not look before changing lanes or making turns.
• Drunk driving - The use of alcohol or drugs can drastically impair a person’s ability to operate a vehicle safely. Effects of intoxication may include blurred or double vision that may make it more difficult to see motorcycles, increased reaction times that cause a driver to be unable to act in time to avoid colliding with a motorcyclist, or issues with balance and coordination that affect a driver’s ability to control their vehicle safely.
• Traffic violations - Traffic laws are meant to ensure that vehicles can operate safely and that everyone who uses the road is protected. When drivers violate these laws, they make it more likely that accidents will occur, and certain types of violations increase the chances of motorcyclist injuries. Drivers who exceed the speed limit may be unable to slow down or stop in time to avoid colliding with a motorcycle, and those who follow too closely behind motorcycles may strike a motorcyclist from behind. Motorcyclists may also be injured in collisions that occur when a driver runs a red light or stop sign or makes an illegal turn in front of a motorcycle.

Contact Our Dallas Motorcycle Accident Lawyer

If you are a motorcyclist who has been injured in a collision caused by another driver, Attorney Jerry D. Andrews P.C. can help you understand your legal options. We will work to ensure that a negligent driver is held responsible for all of the ways you have been affected, including your medical expenses, lost income, and pain and suffering. Contact our Irving, TX motorcycle accident attorney at 214-221-5800 to arrange a free consultation today.

Distracted driving is known to be one of the most common causes of car accidents these days. In fact, in 2018 alone, more than 2,800 people were killed and approximately 400,000 people were injured in accidents that were caused by a distracted driver. If you were recently injured in a distracted driving accident, consider speaking to a personal injury lawyer about your legal options.

Common Types of Distractions Drivers Face

One of the most common types of distractions for drivers is cell phone use. According to a study conducted by Zendrive, 69 million drivers use their smartphones behind the wheel each day. It is estimated that drivers are on their phones for 1 minute and 52 seconds for each hour they are driving. At night, drivers use their phones for 30 seconds longer than that.

Other distractions that drivers face include eating, drinking, changing the radio station, and conversing with passengers.

Car accidents do not always result from driver error, like distracted driving or speeding. Sometimes a defective auto part is to blame. The National Highway Traffic Safety Administration (NHTSA) reports that as many as 44,000 car accidents occur each year because of car defects. If you were injured in a vehicle crash caused by a faulty car part, you may be entitled to receive compensation. 

Common Types of Defective Car Parts

Vehicles are made up of thousands of parts that have to work together. If one part is defective, it can lead to an accident. Here are several examples of faulty auto parts and how they can result in collisions.

• Tires - If a vehicle’s tires are defective, they can blow out, causing a driver to lose control of the vehicle and get into an accident. The vehicle can also roll over if there is a tire blowout.

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There are many situations where a person may be injured through no fault of their own, and in these cases, a victim will want to determine whether someone else was responsible for the harm they have suffered. Dog bites often fall into this category, and because they can inflict serious harm on a person, a victim may look to recover compensation from the dog’s owner. However, it is important to understand the situations where an owner will be liable for injuries inflicted by their animal. By working with a personal injury attorney, a person can determine their best legal options for holding a dog’s owner responsible for their injuries and damages.

Liability for Dog Bite Injuries in Texas

Texas uses what is sometimes called the “one bite free” rule when it comes to dog bites. That is, the state’s laws allow a dog’s owner to be held liable if they knew that their dog was dangerous and the dog attacked someone without being provoked and inflicted serious bodily injuries or caused wrongful death. 

Drowsy 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%.

When the light turns green, you remove your foot from the brake and drive into the intersection. Suddenly, a vehicle from your right races through the intersection because the driver is trying to beat the light that has already turned red. It may have been a near miss, but perhaps you weren’t so lucky.

Intersections are among the most common places for accidents to occur. In fact, the Federal Highway Administration reports that about half of all motor vehicle accidents happen at intersections, and almost all of them are the result of a driver making a terrible mistake. If you are recovering from injuries resulting from an intersection crash or you lost a loved one in such a tragedy, you likely want answers to your questions, particularly when it comes to knowing who is responsible.

Getting enough sleep is an important factor in living a happy, healthy life. It is also an important factor in staying safe on the road. Unfortunately, there are a lot of Texas drivers who get behind the wheel even though they are far too tired to do so. This lax approach to drowsy driving is seriously injuring and even killing innocent people.

The average person needs anywhere from 7 to 9 hours of sleep just to function properly. Lack of sleep is only one contributing factor to drowsy driving though. Certain medications can also make people feel very tired, while sleep disorders might also interfere with some people’s ability to drive.

Drowsy driving is not uncommon

Maybe you have heard more about the dangers of distracted or drunk driving, so drowsy driving might not seem like that big of a threat. The reality is that drowsy driving is shockingly common. According to the American Automobile Association at least 40% of drivers admit to having fallen asleep while driving.

Vehicle safety has improved greatly over the years. Things like airbags, seatbelts and improved structural design keep you and everyone else on the road safer than ever before. Unfortunately, there is something that is counteracting these new safety features — higher speed limits. New speed limits are making car accidents even more dangerous.

Even cars that boast the best safety features and ratings simply cannot stand up to higher and higher speed limits. In fact, even as cars have gotten safer, rising speed limits have directly contributed to 37,000 deaths over the last 25 years. So, why are speed limits still going up?

All in the name of traffic flow

Improving traffic flow is one of the reasons that Texas state officials choose to raise maximum speed limits. One aspect of traffic flow that officials seek to improve is the variance in speeds between vehicles. Since some drivers tend to always go faster than the posted limit, the thought process is that raising those limits will get everyone traveling at the same speed.

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%.

Work does not just stay at the office anymore. With the advent of technology like smartphones and video chatting, bosses are expecting more from their workers than perhaps ever before. Like a lot of people in Texas, your boss might expect you to answer work calls or reply to emails regardless of what else you may be doing. Unfortunately, this extra work pressure is making the distracted driving problem worse.

Distracted driving certainly is a huge problem. Around 80% of drivers talk on the phone when they are behind the wheel. At least 30% of drivers admit they have nearly caused accidents while driving too. Since these figures were self-reported in a Travelers Companies survey, it is possible that the real numbers could be much higher.

What if your boss is calling?

Connected culture — the idea that people should be constantly connected to their devices and available — could literally be killing workers. In a survey of company executives, nearly 75% said they do not think distracted driving is a big concern. Instead, these executives seem to prioritize being “on” all the time. That same survey found that 87% of executives think they should be able to either always or frequently contact employees outside the office.