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el paso car crash lawyerNo parent wants to see their child injured. If you were in the car with your child when you got hit and they got hurt, you were probably much more focused on your child’s injuries than your own. If you were not present during the accident, getting the call that your child was hurt in a car crash was probably one of the most frightening moments you have experienced as a parent. 

Once the dust settles, you will likely be wondering how you can go about recovering compensation for your child. They may have extensive medical bills from the emergency room, from physical therapy, and often, from counseling if the car accident harmed them emotionally. You, as their parent or legal guardian, can file a claim on your child’s behalf. An attorney can help you ensure that you are taking all the right steps to secure funds for your injured child. 

How Can I File a Claim on Behalf of My Child?

Because minors do not have the legal standing to file a lawsuit or insurance claim on their own behalves, you will need to do it for them. There are a few special rules when it comes to settling an injured child’s claim in Texas. Like in most car accidents, your lawyer’s first attempt at resolving the claim will involve negotiating with the responsible party’s insurance company. However, a minor cannot agree to a settlement - in most cases, a court will need to approve any offered settlement. 

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TX injury lawyerTire defects can be an insidious danger. To the untrained eye - or even a trained eye - your tires might have looked fine. Your tires may have felt perfectly normal while you were driving. Then, all of a sudden, one fails and you get into a serious car crash. While tire defects can cause blowouts or separation from the vehicle at any point, a failure event is more likely to happen when you are driving at higher speeds. This is part of what makes tire defects so dangerous. When your tire fails, you are probably going to lose control of your vehicle no matter what. Without four good tires, there is little you can do to steer away from a crash or recover from a loss of control. If you were injured in an accident that you believe was caused by a defective tire, you may need to speak to an attorney who has experience with tire defects. Your legal action may be based on product liability, so it may look a little different than a typical car accident claim.

Common Types of Tire Defects and the Evidence You Need to Prove Them

Defective tires can burst or fall off without warning. Some common reasons that this can happen include:

  • Negligent repair - If you recently had a tire patched when it blows, it could be because your auto shop “fixed” it using an improper technique. Your lawyer will need to investigate the shop’s techniques for patching tires and determine whether the method used was appropriate.
  • Tread separation - Tires have belts underneath the tread that hold the tires together. When they fail, the tread can separate from the tire leaving you with no grip on the road. Often, this is apparent when a trained attorney examines the pieces of the tire itself and sees that the tread is not attached to the belt.
  • Missing components - Tires are more complicated than they look. There are multiple separate components, including the tread, the belt, and the steel center. If one part is missing due to a design or manufacturing defect, it will not be found in the wreckage.
  • Wrong tire - Auto shops do sometimes sell people the wrong size or type of tire entirely. When a tire is not the right size or style, it can cause drastically uneven wear and lead to a blowout. Your lawyer will compare the tires that were fine with the tire that blew.

In most cases, the absolute most critical piece of evidence is the defective tire itself. If you suspect that a defective tire caused your accident, you must contact an attorney very quickly so that they can get to the crash site and find the tire.

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TX accident lawyerCrashes involving an 18-wheeler can be wildly destructive. These enormous vehicles can do a lot of damage very quickly. All it takes is one wrong move on the truck driver’s part or one mechanical error on the truck company’s part, and a serious accident can occur. The scene left behind after a truck crash can be very messy. It may be difficult for the police who respond to the scene to figure out exactly what went wrong. Often, a more detailed investigation is needed before you can pursue compensation. Truck drivers and the companies they work for may refuse to cooperate or even lie in an effort to cover up their negligence. Fortunately, attorneys have ways of finding the evidence they need. It is best to contact a lawyer right away after the accident before any kind of coverup can occur.

Strategies Lawyers Use to Gather Evidence in a Truck Accident Case

Trucking companies love dealing with an unrepresented party after one of its drivers causes a crash. The evidence needed to prove a claim can be difficult for a layperson to find and interpret. It is crucial that you work with a skilled attorney after a truck crash. Strategies your lawyer may use to investigate include:

  • Drug and alcohol testing - Truck companies are required by federal law to drug and alcohol test their drivers shortly after a wreck. An attorney will be able to access the results of this test, which may help show that the trucker was intoxicated when he crashed.
  • Maintenance records - Not much has to go wrong mechanically for a truck to wind up in an accident. A lawyer can look into maintenance records, which may help determine whether negligent maintenance contributed to the crash. An examination of the truck itself may also reveal mechanical issues that should have been addressed.
  • Hours of service - Federal regulations dictate how long a driver can keep going without a break, and how long these breaks must be. If your attorney finds a violation, it can be argued that the driver was fatigued and should not have been on the road.
  • Crash site evidence - Some of the most important evidence lies in the scene of the accident. The scene tells a story, and a skilled attorney will be able to interpret the evidence.

Without a skilled investigation taking place, it may be difficult to prove the cause of the accident. It is important to have an attorney investigate promptly.

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TX injury lawyerAfter a car accident, one of the first things you do is ask for the responsible driver’s insurance information. The last thing you want to hear when you do this is, “I do not have any.” If you were hit and injured by an uninsured driver, you might be wondering who is going to pay for your medical bills, lost wages, and likely totaled vehicle. These costs can add up rapidly. Even if you use your own health insurance, you are still likely to end up with a huge hospital bill. If you do not have health insurance, getting the care you need can be challenging. You are not out of luck - there are ways to recover compensation even if the other driver failed to fulfill his legal obligation to carry insurance. The process for filing a claim and pursuing damages may look a little different in this case, but one of our attorneys can guide you. You may have multiple options.

How Can I Recover Compensation From an Uninsured Driver?

After an accident with an uninsured driver, you generally have two options for pursuing compensation. The first option is to file an uninsured driver claim with your own car insurance company. Or, you could pursue compensation directly from the driver who injured you. Simply relying on your own health insurance is an option, but it is not recommended.

Pursuing Compensation Through Your Insurance

In Texas, every car insurance policy automatically includes uninsured motorist coverage. Unless you took the step of completing a separate form to waive this coverage, you should be covered by your own insurance policy.

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IL injury lawyerCommercial truck drivers must generally follow the laws that apply to regular traffic and then some. 18-wheelers can cause significantly more damage than a personal vehicle should they crash. They are also much more challenging to drive than a typical family car, requiring additional training to operate safely. It makes sense for there to be extra regulations that apply only to commercial trucks. One of the most important safety laws that truck drivers must abide by are hours of service regulations. Hours of service regulations are set out by the Federal Motor Carrier Safety Administration and apply to truck drivers in every state. An hours of service violation can have serious implications after a truck accident.

What Are Hours of Service Regulations?

These laws control how long a driver can keep going without a break, and how long that break must be. Their main purpose is to ensure that truck drivers are well-rested and alert. Operating such a large vehicle on public streets requires a lot of focus. Fatigued or sleepy drivers are much more prone to mistakes. Drowsy driving can lead to accidents - possibly including yours. If you were hurt in a truck accident, it is certainly worth investigating.

Hours of service rules can be a little confusing to keep track of. Generally, a truck driver cannot drive for more than 11 consecutive hours after a ten-hour break or more than 14 consecutive hours after first coming on duty. A thirty-minute break is required after driving for eight hours. There are also regulations pertaining to the total amount of hours a truck driver can work each week.

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