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Wrongful Death and Survival Actions in Texas: What to Know
Accidents happen every day, and some of them produce severe and fatal injuries. At times, victims fight for their lives, only to eventually succumb to their injuries. Eligible family members or survivors may qualify for compensation through a wrongful death or survival action. Unfortunately, these cases can be challenging, and you may not get as much compensation as you should if you handle your case alone.
What are survival and wrongful death actions? What kinds of compensation could you receive? How do you know if you qualify? A knowledgeable Austin, TX personal injury lawyer from Alford & Associates can explain your legal options during a free consultation.
Understanding Texas Survival and Wrongful Death Actions
When an intentional act or negligence leads to death, whether immediately or at a later time, you could receive compensation for the victim’s damages and your own. Damages in this kind of legal matter are specific losses that directly result from an accident, but the term also refers to the compensation or reimbursement you could receive due to those losses.
14-Year-Old Dies: A Reminder That Unsafe Driving Can Kill
An SUV full of teens having fun on November 2, 2024 took a tragic turn when a 14-year-old boy was thrown from the vehicle and died. A 17-year-old driver was doing donuts on a private property in Bexar County, eventually causing the SUV to flip. Other teens were injured in the accident.
Unsafe driving, even on private property, can lead to severe injuries and fatalities. In fact, 94 percent of motor vehicle collisions are caused by negligent driver error. If you were injured in an accident caused by someone else’s negligence, you may qualify for compensation. Call Alford & Associates now to learn how our lawyers can help.
What Is Considered Negligent Driver Error?
Every driver has a legal duty of care to practice safe driving to reduce the likelihood of harming others. When drivers fail to provide that duty, and you suffer injuries and damages from that failure, you may have grounds to file a compensation claim. Examples of unsafe driver errors include:
What Is Shaken Baby Syndrome, and Can I Get Compensation?
Texas news has been abuzz recently with stories about Robert Roberson’s halted execution. He was convicted in 2002 of killing his two-year-old daughter, who was diagnosed with shaken baby syndrome. Many Texans wonder precisely what shaken baby syndrome is and the potential consequences.
What is shaken baby syndrome? If someone else abuses your child in this manner, can you get compensation through a personal injury or wrongful death claim? A dedicated lawyer from Alford & Associates can investigate your circumstances and determine your eligibility. Call now for your free consultation.
What Is Shaken Baby Syndrome?
Babies and young toddlers are very fragile. Parents and caregivers must take special care to support their heads fully during the first several months of life because of weak neck muscles, heavy heads, and brains that are not fully developed. Even a few seconds of shaking a baby can cause permanent brain damage or death.
How Does Speeding Contribute to Motor Vehicle Collisions?
Driving at speeds above posted limits is illegal. Aside from that, excessive speed is also a contributing factor in an alarming number of motor vehicle collisions. In fact, 29 percent of U.S. traffic fatalities in 2022 were related to speeding, with numerous injuries also caused by this negligent driving behavior.
Why is speeding so dangerous? Does speeding cause more severe injuries? A knowledgeable lawyer from Alford & Associates can help you get the compensation you deserve if a speeding driver injures you.
Why Is Speeding Dangerous?
Since speed limits were introduced in 1901, the state government agencies responsible for America’s roads have analyzed data to determine the maximum safe speed for each thoroughfare. In 1974, the first federal speed limit was implemented. These limits aim to keep motorists safer.
Who Pays My Settlement If a TX Delivery Driver Hit My Car?
How many of the vehicles you see daily do you think are making deliveries? From groceries and ready-to-eat meals to appliances and home goods, having items delivered is rapidly becoming the new normal. While online ordering and waiting for your delivery is convenient, the vast number of last-mile delivery vehicles on Texas roads increases the chance of motor vehicle accidents.
Some deliveries are made by company employees driving company-owned vehicles, but many drivers are independent contractors or working for third parties. These drivers may use their own or leased vehicles to bring your order to you. If you are injured in an accident caused by a delivery driver, you may not think these distinctions are important, but they are. A knowledgeable attorney from Alford & Associates can explain what this means for your accident claim during your free consultation.
Why Does Employee Status and Vehicle Ownership Matter?
If you are injured in a car wreck, the party responsible for causing your crash may be liable for paying you compensation through a personal injury claim. The key information in that statement is "the party responsible." To file an insurance claim, you must determine who is responsible for your damages. Establishing liability in many last-mile delivery accidents is often challenging.
Do I Have To Go to Court for My Personal Injury Claim? | TX
You have probably heard that you may be entitled to compensation if you are injured in an accident caused by someone else’s negligence, but you might not know how the process works. Whether you are involved in a car wreck, truck accident, or other type of personal injury claim, you do not necessarily have to go to court to get a payout.
When you work with the skilled lawyers from Alford & Associates, we will usually try to resolve your case through settlement negotiations before we recommend filing a civil lawsuit and taking your case to trial. Understanding the process may give you peace of mind.
Do You Have a Valid Personal Injury Claim?
Before you can think about a settlement, we must determine if you have a valid claim. After discussing your situation during your free consultation, your legal team will begin investigating your accident. We will look for evidence proving negligence to establish liability, or responsibility for causing your accident and resulting injury.
How Can Cargo Contribute to Semi-Truck Accidents?
Did you know tractor-trailers transport almost 75 percent of U.S. domestic freight? A large portion of that cargo travels through Texas, taking goods the country depends on to their destinations. While this cargo is a vital part of our nation’s supply chain, it can also contribute to causing deadly truck accidents.
How does cargo cause collisions? Who is liable for cargo-related accident claims? If you have been hurt in a truck crash because of spilled cargo, do you need a lawyer? Whatever questions you may have, Alford & Associates can help you get the compensation you deserve.
Improperly Loaded Cargo Can Contribute to Collisions
Fully loaded, an 18-wheeler can weigh 80,000 pounds, and the cargo being transported accounts for much of that weight. Properly loading a truck takes more effort than stacking boxes haphazardly in an enclosed trailer or placing items on a flatbed wherever they will fit. When cargo loaders make errors, they can lead to drivers losing control of the truck.
What Is Negligent Driving, and How Can It Affect Your Claim?
If you are injured in a motor vehicle accident, you may be able to collect compensation from the responsible party. To qualify, you must prove negligence on the responsible person’s part. This is true even if you are partly to blame for causing your collision. However, if you yourself are guilty of negligent driving, you might not be eligible for compensation.
What is considered to be negligent driving? How do you know if you qualify for compensation? How can you tell if a settlement offer is fair? These questions may be difficult to answer if you do not consult with a qualified Texas car accident lawyer from Alford & Associates.
Negligent Driving Explained
When someone gets behind the wheel of a motor vehicle (motorcycles count, too), he assumes a legal responsibility to drive safely to reduce the likelihood of causing an accident. There are several things drivers can do that are considered negligent, such as:
Is Drowsy Driving Illegal in Texas?
Drowsy driving occurs when a driver is fatigued or weary, and he or she chooses to operate a vehicle regardless of this fact. When someone drives a vehicle drowsy, their reaction times are slowed, they may fall asleep at the wheel, or they may drift into other lanes without realizing it. This causes accidents and dangerous risks for those on the road around the drowsy driver.
While drowsy driving is dangerous, it is not specifically outlawed in Texas. An experienced Texas drowsy driving accident attorney can help you understand what to do next if you have been injured in an accident with a drowsy driver.
Drowsy Driving – What Does the Law Say?
Only two states in the United States – Arkansas and New Jersey – have laws that specifically outline legal consequences for drivers who have caused an accident due to drowsy driving. In Texas, while there are no explicit laws in regard to drowsy driving, the Texas Transportation Code outlines limitations on the operation of motor vehicles.
What Is the Statute of Limitations for a Texas Car Accident Case?
Motor vehicle accidents occur every day around Texas, and acting quickly after a car accident is essential if you wish to file a claim. Waiting too long to file a claim against the driver responsible for your accident can result in your case being dismissed, leaving you without compensation for the damages the accident caused. A knowledgeable Texas car accident attorney can help you with filing your claim within the time limit set by Texas law.
What Is a Statute of Limitations?
A statute of limitations is a legal concept that refers to the time frame an individual has to file a claim after an accident, wrongful death, or injury. State legislation sets the limit on statutes of limitations for a variety of legal claims, such as personal injury and product liability claims, and the time frames of a statute of limitations are considered to be a reasonable period in which a case should be pursued in court.