Wednesday, March 13, 2019

If you have been involved in a car crash that was the fault of someone else, you may be able to obtain compensation for your losses related to the accident. However, getting compensated for your damages or losses is not automatic. You must present and prove your case to show the court (or an insurance company) that you are entitled to relief. This process can take considerable time and effort, and failing to show just one element of your claim can completely undermine your case.

It is critical to take the time to collect evidence and information regarding your accident as soon as you can after the collision occurs. The data you gather (with the help of your auto accident attorney) will allow you to present the best possible case that you can. It is a good idea to take the following steps to help preserve your claim after a car accident.

Information to Gather at the Scene

In severe accidents, you may not be able to collect much information at all after the collision occurs. You should always be sure to take care of yourself from a medical standpoint before worrying about your legal claim—your health and safety are the top priorities.

If you can, however, you should spend some time gathering evidence from the scene of the accident.

Photograph the Scene. Using a camera or phone, take photos of the site, including the road where the accident occurred, pictures of the vehicles involved, and any damage that may have occurred. Pictures of your visible injuries may also be a good idea. Be sure to have some method of indicating when you took the photos, whether you have a date on them or you write it down somewhere else.

Talk to Witnesses. Witnesses that have seen or even heard the accident can be very helpful for your case. If possible, speak with witnesses to see what they experienced from the crash. Be sure to also get their name and contact information as well.

Involve the Police

Having the police at the scene can be helpful for a variety of reasons. If the other person did something that may have been a violation of the law, involving the police may result in a citation for the other driver.

The police also provide an unbiased opinion about what happened after listening to both sides of the story. The police will document what they know about the accident in the police report. This report will also contain information about the other driver, his or her insurance company, and information about any witnesses.

Get Medical Attention

Even if your accident was relatively minor, it is a good idea to seek medical attention after an accident. Getting medical help right away can create helpful documentation regarding causation for your injuries.

Some insurance companies assume that you are not seriously injured if you do not seek medical attention. Be sure to also take care to follow the doctor’s orders as closely as possible. If you have restrictions on your activities, you should follow those restrictions to the letter.

Involve an Attorney

One of the best ways that you can prepare your case is by involving a personal injury attorney. Your lawyer will be able to help you build your case so you can present it in the best light possible to an insurance company or a judge or jury. CMZLaw can help. Contact us today!

Car accidents commonly cause head injuries. These injuries can range in severity from extremely minor to those that may even result in death. In fact, more than half of all reported traumatic brain injuries are the result of an auto accident. Any time there is a strong force imposed against the skull, whether that is from an object striking the skull or from a sudden stop, it can result in a debilitating head injury.

Head injuries can occur even when the victim does not have an open wound. The brain can be forced into the skull, resulting in brain bruising and bleeding. These injuries can be tough to detect, but they can be life-threatening. If you suspect anyone has a head injury after a car accident, it is essential to seek medical attention right away.

Causes of Head Injuries in a Car Accident

Car crashes are dangerous. Causes of a head injury will vary depending on the type of accident.

• Penetration Injuries. When an object pierces the skull, it can result in brain damage. The object can impact the brain or even penetrate the brain, causing bleeding and long-term nerve damage.
• Force Injuries. The force of suddenly stopping can cause damage to the brain when it hits the front and back of the skull.
• Injuries Caused by Objects. Flying objects or people in the car can hit your skull hard enough to result in a head injury. Drivers and passengers often hit their heads against the steering wheel or dashboard, resulting in a force-related injury.

Side Effects of a Head Injury

You do not have to lose consciousness to have a head injury. In fact, damage to the brain or skull may be hard to detect. If you have any of the following symptoms, you or your passengers should seek medical attention for a head injury.

• Slowed response times
• Difficulty thinking or concentrating
• Headaches
• Sensitivity to light or sounds
• Trouble with balance or coordination
• Nausea
• Feelings of fatigue
• Abnormal feelings of alertness
• Moodiness or unnatural emotional reactions

Extremely severe head injuries may also have the following symptoms.

• Seizures
• Periods of unconsciousness
• Numbness in the arms or legs
• Confusion
• Dilated pupils
• Aggression

Severe head injuries can result in additional health problems. Seek medical attention immediately.

Keep in mind that symptoms of a head injury may not appear immediately after an accident. In fact, it can take hours, days, or even weeks after the crash to notice a head injury. It is always a good idea to get a full physical after a car crash, even if you think you only have minor injuries.

Recovering from a Head Injury

The recovery timeline for a head injury will vary a great deal depending on the severity of the injury and the individual. For example, younger adults will usually recover faster than older adults.

Those who suffer from a severe traumatic brain injury may see residual effects from the injury even years after they have made an otherwise full recovery. On the other hand, less severe injuries may only take a few days to weeks to heal completely.

If you or a loved one has been involved in a car accident that resulted in a head injury, you may be entitled to compensation. Our team can help you determine whether asserting a legal claim is in your best interest. Call today for more information.

Q: Will the new texting while driving law reduce accidents and personal injury claims?

Texas car accidents can be caused by a number of factors including driving while intoxicated, speeding, aggressive driving, weather conditions, mechanical defects, and more.

Car accidents caused by a driver’s negligent, reckless, or intentional actions or inactions often leave seriously injured, disabled, or dead victims in their wake and are often the basis of a personal injury lawsuit or a wrongful death action.

Once liability is established, car accident victims may be entitled to compensatory damages including past and future medical bills for treatment or rehabilitation, past and future mental anguish and physical pain, Physical impairment or disfigurement, past and future loss of income and loss of earning capacity. If the victim dies from their injuries, their closest surviving family members may be entitled to damages as well through a wrongful death lawsuit, but who has standing to sue and the type of damages they can recover differs on a case-by-case basis so consulting a skilled personal injury attorney is advised.

Another common cause of motor vehicle accidents is distracted driving. And one of the biggest distractions is texting while driving.

In an effort to discourage texting while driving, new legislation went into effect on September 1, 2017. The new law, reportedly described by its own co-author as “something is better than nothing” has its share of loopholes.

According to the law, drivers are reportedly permitted to:

• make and receive phone calls in accordance with local laws
• use navigation applications
• use music applications.

Reported ambiguities surround the unaddressed use of “internet browsers, search functions, gaming, or other phone applications, although “the use of messaging and communications applications like Facebook, Facebook Messenger and Twitter appear to be prohibited”.

With respect to texting while driving, the new law offers reportedly some exemptions including:

• texting during emergency situations (though it doesn’t define what constitutes an “emergency”)
• workers texting the office so long as their phones are mounted
• on-duty emergency vehicle operators are exempt
• on-duty law enforcement vehicle operators are exempt
• hands free texting is allowed.

These loophole defenses, coupled with the mandate that ticketing officers “must not only witness offenders using their phones, but identify that the activity is specifically texting” will make the new law difficult to enforce.

Of course, the safest way to avoid being distracted or being accused of causing a motor vehicle accident is to avoid cell phone distractions entirely.

If you or a loved one has been injured or a loved one has been killed in a motor vehicle accident due to someone else’s negligence, the lawyers at Chandler, Mathis, and Zivley, PC will investigate your case and take legal action to help you obtain the maximum compensation to which you are entitled. Contact our office for a free consultation.

From our offices in Houston and Lufkin, we’ve been serving clients throughout Texas as well as many other states for over 40 years.

What are the most common types of broken bones you could sustain in a car accident?

Millions of Americans will be involved in car accidents in the coming year.  Broken bones are one of the most common car accident injuries due to the immense force involved in the collision.  Fractures can be extremely painful and could even require surgery, potentially leading to lengthy recovery times and the inability to return to work.  Car accident victims who sustain a broken bone will require immediate treatment. Accident victims injured due to the negligence of another driver may be able to seek compensation for their fracture injuries through a personal injury lawsuit.  

What is a Fracture?

A fracture is defined as any break within any bone of the body.  Fractures vary in severity, with some simple fractures healing with relative ease, whereas compound fractures, which involve the broken bone piercing the skin, carry a risk of infection and longer recovery times.  Car accidents are a leading cause of broken bones, but fractures can also occur as a result of falls, sports injuries, and other high impact events.  

Common Types of Fractures

Car accidents inflict tremendous force on the body, creating the immense potential for broken bones, particularly in the following parts of the body:

1. Leg fractures:  There are three bones within your legs that could be broken in an accident.  The femur or thigh bone, is quite strong but could break in a serious car accident.  Femur breaks will have a long recovery time.  Your tibia and fibula are also at risk of injury if your vehicle crumples in the accident.
2. Facial fractures:  If you are ejected from the vehicle in an accident or your head hits the dash, there are several bones within your face that could break.  Facial fractures can lead to disfigurement.
3. Spine fractures:  The tiny vertebrae bones within your back could break in an accident.  When a vertebra breaks, it is extremely dangerous because it could damage the spinal cord, leading potentially to paralysis.

Car accident victims who sustain a broken bone in the collision should contact an experienced personal injury attorney as soon as possible after the crash to protect their legal rights.  

By now, you have undoubtedly heard of the ignition switch problems plaguing General Motors – which have lead to hundreds of injury and property damage claims across the United States. As a refresher, millions of General Motors models were implanted with a defective ignition switch which could actually cause the vehicles to turn off while in motion. Of course, the sudden loss of power can cause serious accidents, particularly for vehicles traveling at high rates of speed on highways and interstates. So far, the defect is implicated in 124 deaths and 275 injuries.

As a result of the widespread harm, victims of the defective switches filed lawsuits against the company for damages. As is common in complex product liability lawsuits, General Motors hand-picked three cases – seemingly representative of the types of claims overall – to engage in what is known as a Bellwether trial. A Bellwether trial is somewhat of a “preview” trial to gauge a jury’s likely response to the evidence presented. While Bellwether trials are actual trials, the results can often sway parties one way or another.

Fortunately for General Motors, the jury saw things their way following three Bellwether trials in the Houston area earlier this month. The jury took about one hour to determine that General Motors was not liable in the serious brain injury of the 24-year old driver, whose car careened out of control and killed the driver of an oncoming vehicle.

Other Bellwether trials are set to begin over the next several months, and the results of a Bellwether trial are not necessarily indicative of whether General Motors will offer a settlement to victims and their families. In other words, success in Houston does not necessarily mean the company is off the hook for the deaths and injuries of hundreds of other victims.

Contact a personal injury attorney today!

If you would like to discuss your options following a recent personal injury, please contact our office today! 

What are the grounds for a personal injury lawsuit in a refinery accident?

In Texas and Louisiana, refineries play an integral role in the Gulf Coast economy, and these outfits are often drive by profits at the expense of worker safety. Avoidable accidents often occur when hazards and safety issues are overlooked. This appears to be the case in a refinery explosion at a Shreveport-based refinery in April 2015.

A truck driver from Denison Texas has filed a lawsuit after being covered in molten asphalt in a refinery explosion at Calumet Specialty Products Partners. The trucker suffered third degree burns on 90 percent of his body in what doctors at Louisiana State University Health Services Center said were the worst injuries they had ever seen in a burn injury survivor. The injured man spent three months in intensive care at the hospital.

A Grisly Refinery Accident

In April 2015, the trucker was picking up a load of asphalt from Calumet for delivery to a buyer in Texas. The truck was overfilled with 350 degree liquid asphalt that a Calumet worker began to offload, even though the trucker was not trained in this procedure. Apparently, water in the hose was vaporized by the liquid hot asphalt which caused the explosion, throwing the trucker to the ground and covering him with burning asphalt. During the 3 months in ICU, the trucker had to undergo debridement treatments to remove the burned layers of skin.

A History of Calumet Refinery Accidents

In 1999, a similar asphalt explosion injured another trucker and the company testified during a trial that truck drivers were not allowed to assist in offloading liquid asphalt. Moreover, the Calumet refinery has a history of OSHA citations dating back to 2007 when the outfit was fined more than $120,000. Again in 2010, the refinery was hit with more than $170,000 penalties for violations of health and safety regulations. More recently, a Calumet worker dies from injuries in an accident at the refinery in May, the details of which have not been disclosed.

In connection with this accident, Calumet is reportedly coordinating with its insurance company to pay the trucker’s medical expenses, however, his lawyers content he will need medical care for the rest of his life costing millions of dollars. Calumet also stated that it has implemented additional safety precautions at the refinery. While it remains to be seen if the trucker will prevail in his personal injury lawsuit, Calumet’s history of violations and OSHA citations may support the refinery injury claim.

The AAA Foundation for Traffic Safety has dubbed summer the “100 Deadliest Days” for teen drivers.  During the period between Memorial Day and Labor Day, teens take to the roads in high numbers, leading to soaring rates of teen accidents.  It is anticipated that at least ten accidents involving teens will occur each day during the summer time, which represents an over 15 percent increase from school time accident rates.  Our Texas car accident attorneys at Chandler, Mathis & Zivley, PC, offer some tips for encouraging your teen to drive safely.

Teen accident statistics can be frightening for any parent, but the good news is there are steps you can take as a parent to encourage your teen driver to operate a motor vehicle in a safe manner.  You can help your teen become a safe driver by enforcing the following:

1. Never text and drive:  Texting while driving is one of the most dangerous behaviors any driver can engage in.  Texting drags a driver’s eyes, attention, and hands off the road ahead for several seconds at a time, easily leading to an accident.  Teens are notoriously glued to their phones, making it imperative that you educate your teen about the dangers of texting while driving.
2. Abide by a safe driving contract:  Draft an agreement between you and your teen, or find one of the many agreements online, in which your teen pledges to follow the rules of the road.  Your contract could include punishments for being caught speeding, texting, or drinking and driving, such as revocation of driving privileges. 
3. Drive solo:  Driving with passengers doubles your teen’s risk of an accident.  Never allow your new driver to drive his or her friends around.  You should be the only one to ride with your teen for a lengthy period of time after he or she obtains a driver’s license. 
4. Enroll in a defensive driving course:  Driving requires motor skills and good judgment.  You can help your teen to develop the critical skills needed for safe driving by enrolling him or her in a defensive driver or other safety related course.  A defensive driving course will ensure your teen knows the basic of safe driving, such as maintaining a safe following distance.

If your teen is injured in an accident or you have been injured by a teen driver, contact a motor vehicle accident lawyer right away to protect your legal rights.  

Who is liable in a T-bone accident?

Side impact, or T-bone, crashes are a common and serious type of car accident that occurs on Texas roadways every day.  Side impact accidents happen mostly at intersections.  These crashes often involve two vehicles traveling in different directions through an intersection.  One vehicle hits the side of the other vehicle, causing a T-bone crash.  Our Houston, Texas personal injury lawyers answer some of your frequently asked questions about side impact accidents below.

Frequently Asked Questions About T-Bone Crashes

What are the causes of side impact crashes?

Driver error is the number one cause of all car accidents, including side impact crashes.  Side impact accidents often happen when one driver fails to timely stop at a stop sign or stop light, or fails to yield the right of way.  Potential reasons that a driver might not obey basic traffic laws include driver distraction, poor judgment, excessive speed, driver intoxication, and other instances of negligent behavior.

Who is at-fault in a side impact accident?

In a side impact crash, there are no assumptions as to liability.  Side impact accidents require a careful analysis of the circumstances surrounding the accident.  Fault will be determined by the angle of the cars in the crash, witness statements, traffic light cameras, skid marks, and more.  Fault with ultimately lie with the driver who committed a traffic infraction or was not paying appropriate attention at the time of the accident.  

At times, both drivers in a T-bone crash will bear some degree of fault.  Texas follows a modified comparative fault rule, meaning that if a person is injured in an accident, he or she cannot recover damages from the other party if deemed 51 percent or more at fault for the crash.  Damages will be reduced by your percentage of fault.

What injuries might accident victims sustain in a T-bone crash?

Side impact crashes can lead to a wide array of serious injuries or even death. The side of the car is less insulated than the front or back of the vehicle, leaving vehicle occupants at heightened risk of injury.  Potential injuries include head trauma, broken bones, paralysis, and more.  The victims of a T-bone crash should consult with a lawyer to determine their legal rights to recover from the driver that caused the accident.

Driving is by no means inherently safe. With human beings operating cars and trucks there leaves much room for error. But when an individual drives while under the influence of alcohol or drugs – both illegal and prescription – their intoxication can have very serious effects on the safety of themselves and others.

Driving While Intoxicated

In Texas, anyone who drives while intoxicated is committing the offense of driving while intoxicated (DWI). If an intoxicated driver causes injury to another individual, the evidence of their intoxication can be used as evidence against them in a personal injury case.

Plaintiff Still Has Burden of Proof

It is important to remember that just because someone intoxicated gets into an accident with another person, he or she is not automatically guilty in civil court. When it comes to a case of negligence, the plaintiff who is suing still carries the burden of proving four elements (duty; breach; causation; damages).

When it comes to proving causation, the plaintiff must still prove that the crash occurred because of the defendant’s conduct, and that conduct caused the plaintiff’s injuries. The defendant can still argue that they were not at fault for the crash, and that the plaintiff either caused the crash, their injuries were not a direct result of the accident, or they contributed to the damages.

NTSB Investigates Crash of Impaired Driver

The National Transportation Safety Board (NTSB) recently released its findings in an investigation of a crash, which occurred in Texas that resulted in 13 fatalities because of a driver under the influence of marijuana and prescription drugs.

The NTSB found that the driver was responsible for the crash due to the fact that he could not safely operate his truck because he was impaired. He was said to be driving erratically before crashing into a church bus that was transporting seniors from a three-day church retreat. The crash killed the bus driver as well as 12 of its 13 passengers.

The Aftermath of the Crash

According to the NTSB there were marijuana cigarettes, over-the-counter, and prescription medication as well as other drug paraphernalia in the truck. The driver also tested positive for marijuana and the sedative, clonazepam, of which he admitted that he had taken twice the prescribed dose. The twenty-year-old driver was then charged with multiple counts of intoxication manslaughter. He is currently awaiting sentencing after pleading no contest.

What To Do if You’ve Been the Victim of a Car Crash with a Drunk Driver

If you have been the victim of a car crash that involved a drunk driver, it is so important that you are compensated for any damages that you sustained from it and that the impaired driver is held accountable. That is why you should contact a knowledgeable and experienced personal injury attorney who can help you to navigate your situation and get you what you deserve.

What should I do when passing by a stopped emergency responder vehicle?

A Dallas fire truck was recently hit by a big rig while responding to an emergency.  Dallas Fire-Rescue responded to an accident on I-30 near Ferguson Road in the early morning hours.  While attending to the emergency, a big rig truck hit the fire truck.  Fortunately, no one was injured in the accident.  This Texas crash illustrates the immense dangers faced by emergency responders and the importance of moving over or slowing down when drivers pass by an accident.  

Move Over or Slow Down

Emergency responders provide vital assistance to individuals involved in all manner of accidents across the nation. When responding to a car accident or other roadside emergency, police, fire workers, tow truck operators, and other emergency responders place themselves in danger.  Drivers passing by the scene of the accident often become distracted and could hit emergency responders, compounding the accident even further.  

To protect police, fire, and emergency vehicles, Texas passed a law known as the “Move Over/Slow Down” law.  It requires that drivers either move over or slow down when passing an emergency vehicle.  The law was further expanded in 2013 to include Texas Department of Transportation workers.

Under the law, Texas drivers must either move into another lane if traveling on a multiple lane road or slow down to 20 miles per hour below the speed limit if they are passing a stopped emergency vehicle with its lights activated. Failure to abide by the law can result in a fine of up to $200. If the violation injures property, the fine increases to $500.  If someone is injured due to your failure to move over or slow down, it will be a Class B misdemeanor offense.  

Despite the existence of the Move Over law in Texas and similar laws elsewhere across the country, American drivers are often unsure of what they should do when they approach a stopped emergency vehicle. Drivers are urged to be on the lookout for emergency responders and take action if they see a vehicle approaching.  Always remember that emergency vehicles have the right of way.  Emergency vehicles may need to make sudden turns or drive on the wrong side of the road to assist others.  Help to keep emergency responders safe by moving out of their way whenever possible.