Intervening Causes in Personal Injury Cases – Accident Law

Intervening Causes in Personal Injury Cases

Houston Personal Injury Lawyers » Intervening Causes in Personal Injury Cases

What is an Intervening Cause in Relation to a Personal Injury Claim or Lawsuit?

One of the elements of proving negligence in a personal injury claim is causation. To be awarded damages, the plaintiff must prove that the defendant had a duty of care, he breached that duty, the victim suffered damages, and those damages were directly caused by the defendant’s actions.

The defendant can only be held liable for the plaintiff’s injuries if the defendant’s actions were the direct cause of the victim’s injuries. This means that a direct link must exist between the defendant’s actions and the injury. Occasionally, the defendant will be able to assert an affirmative defense such as an intervening cause. An intervening cause may absolve the defendant from liability; however, it typically will not absolve the defendant on the sole argument that it is an intervening cause.personal injury lawyers houston

What is an Intervening Cause?

Generally, an intervening cause breaks the link between the defendant’s action and the injury caused. There are several requirements that must be satisfied before an event can be labeled an intervening cause. To be classified as an intervening cause the event must have occurred after the defendant’s negligent action, but before the victim’s injury occurred. Additionally, this intervening cause must have actually caused the injury. If all these elements are met, the event can be deemed an intervening cause by the court and relinquish the defense from liability. For example, say you own a restaurant that is occasionally run by a generator located in the back alley. You spill gasoline while trying […]

Intervening Causes in Personal Injury Cases – Accident Law2018-11-21T15:20:06+00:00

Are the Roads Safe For Bicyclists

Are the Roads Safe For Bicyclists

Despite efforts by many bicycle organizations and government agencies, a considerable amount of work must still be done to make roads and streets safe for cyclists. A study conducted by the Insurance Institute for Highway Safety (IIHS) revealed that hundreds of U.S. cyclists are killed in crashes with motor vehicles. Sadly, almost 91 percent of cyclists killed were not wearing a helmet. According to the IIHS, helmet use has been estimated to reduce the risk of head injuries by 85 percent. The IIHS also reports death among cyclists 16 and older increased in recent years, while death among cyclists younger than 16 declined significantly. Adults between the ages of 35 and 54 represented almost 40 percent of all bicycle collision fatalities in the state, reports the Metropolitan Transportation Commission.personal injury attorneys

If you or a loved one has been injured in a bicycle accident, it is within your best interest to speak to a personal injury lawyer as soon as possible. Our bicycle accident lawyers understand how devastating an unexpected injury can be. If the bicycle crash injury was caused by the negligent or careless actions of another, you may be entitled to financial compensation. Our firm has helped clients obtain compensation for medical costs, lost wages, lost benefits, disfigurement, shortened life expectancy, and pain and suffering.

Causes of Bicycle Accidents

In most studies, driver negligence has been shown to be the most common cause of accidents involving a cyclist. Common negligent or careless actions by a motor vehicle driver, include:

Backing out before checking mirrors
Inattentiveness
Aggressiveness
Use of drugs or alcohol
Unsafe left hand turns
Failing to yield the right of way
Driving through a stop sign […]

Are the Roads Safe For Bicyclists2018-11-02T16:34:54+00:00

Injuries Caused by Automobile Defects : Personal Injury Lawyers

Injuries Caused by Automobile Defects

San Antonio Personal Injury Lawyers » Injuries Caused by Automobile Defects

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General Overview of Injuries and Death Caused by Automobile Defects and the Failure of Car Safety Features

For over 2 decades, our law firm has represented clients in the San Antonio area that have been injured in automobile accidents. Many of the accidents were the result of the automobile being defective. Automobile defects can occur in many different ways. This article will provide an overview on the common types of automobile defects.Personal Injury Lawyer San Antonio

Air bags

In recent years, air bags have been a common defect in automobiles. Air bags are known to cause serious injuries or even death. However, air bags are never known to be defective until you are involved in an accident and then they fail to deploy or they deploy improperly. When air bags were designed for the automobile, they were designed to minimize the impact of the accident and to protect your body from being crushed into the steering wheel. But apparently, this wasn’t happening.

During the making of the air bag, no one considered that many people sit closer to the steering wheel while they drive or that children sit in the front seat. So when or if the air bag did deploy, the impact was 10 times worse and adults were suffering head and chest damages and children were instantly being killed. Due to the increase of accidents caused by the defective air bags, children are no longer allowed to sit in the front seat until they research a certain age.

Tires

We all know that tires are one of the most […]

Injuries Caused by Automobile Defects : Personal Injury Lawyers2018-08-26T18:03:48+00:00

San Antonio Personal Injury Lawyers : How to File a Personal Injury Case


San Antonio Personal Injury Lawyers » How to File a Personal Injury Case

The Process of Filing a Personal Injury Case in San Antonio Texas

The people in San Antonio and the surrounding areas have access to great hospitals and some of the best medical care in the nation. The school system is also highly regarded as one of the best districts in Texas and has schools which are recognized as being some of the best public and private schools in the country.

With a large population, and numerous businesses and institutions, San Antonio is also home to thousands of personal injury accidents every year. If you have been injured due to the negligence of another person, whether it is caused by a careless doctor or a reckless driver, you may be entitled to damages and our attorneys at Grossman Law Offices may be able to assist you in filing your personal injury claim.Personal Injury Lawyer San Antonio

Who is Responsible for My Injuries?

The first major obstacle you will face when filing a personal injury claim is determining who is at fault for your injury. While this can sometimes be fairly obvious, in many cases it is an incredibly complex question that of which our attorneys can help you assess.

If you are sitting at a stop light on Ewing Street and you are rear-ended by a car behind you who negligently failed to stop because they were texting on their cell phone, then that person is obviously the responsible defendant. Other times it is not directly clear who is responsible for your injury.

For example, let’s say that the same situation occurred […]

San Antonio Personal Injury Lawyers : How to File a Personal Injury Case2018-08-08T21:37:55+00:00

Had a Truck Accident – Our Investigating Technique – Maintenance Records

Had a Truck Accident – Our Investigating Technique – Maintenance Records

San Antonio Personal Injury Lawyers » Investigating Technique – Maintenance Records

Obtaining Maintenance Records After an 18-Wheeler Accident can be Crucial to Proving Negligence by the Trucking Company

The Federal Motor Carrier Safety Administration and the Department of Transportation require that trucking companies maintain certain records in its day to day business operations. These records include pre-employment screening records for its drivers and maintenance records of its fleet of trucks. Both the pre-employment and maintenance records can provide great insight when they are examined in light of an accident. These records can aid in establishing proof of the trucking company’s liability by demonstrating the company’s compliance or lack thereof, with federal guidelines regarding its drivers and its fleet of trucks.Truck Accident Attorneys

After you have been injured in an accident with a commercial trucking vehicle it is very important to gather evidence as soon as possible. The trucking companies know how important their internal business documents are in proving an accident claim and they will do everything they can to prevent you from obtaining this evidence. That is why it is so important to have an experienced attorney on your side such as the ones here at our Law Offices. Contacting us can aid you in this task because we know how to find the evidence necessary to help prove your claim against the trucking company and its driver if necessary.

Maintenance Records – What Do We Look For?

Many times in commercial trucking accidents the accident is not only caused by driver error but can also be cause by faulty parts on the commercial truck itself. Poorly maintained […]

Had a Truck Accident – Our Investigating Technique – Maintenance Records2018-07-12T12:18:58+00:00

San Antonio – South Texas Personal Injury Lawyers

Do You Need A Texas Car Accident Injury Lawyer?

As a general rule, if you suffered no personal injuries, you should be able to settle your case with the opposing insurance adjuster for approximately the same amount of money that a Car Accident Injury Lawyer in Texas could obtain for you. In this type of case, you are entitled to money to repair or replace your car and for the use of a rental vehicle until your car is repaired or replaced. It does not require legal or a Car Accident Injury Lawyer skill to obtain repair estimates for the damage to your car or to determine the fair market value of your car. For repairs, simply get quotes from reputable repair shops and compare them to the amount offered by the adjuster.Car accident attorneys san antonio - south Texas

If your car has been totaled, determine the fair market value of your car by consulting reference sources such as the Kelly Blue Book, NADA Used Car Guides or Edmunds. These publications provide accurate information for most makes and models of cars. In this case it is safe to proceed with your negotiations without the representation of a Car Accident Injury Lawyer in Texas.

If your case involves personal injuries from the accident, a more detailed analysis is required. If the injures are minor and you fully recover from the injuries in a few days, you probably do not need a Car Accident Injury Lawyer in Texas. Minor injuries are ones that result in less than a $1,000.00 in medical bills. To obtain a fair settlement for your minor Car Accident Injury claim, educate yourself sufficiently to negotiate with […]

San Antonio – South Texas Personal Injury Lawyers2018-07-01T18:55:34+00:00

Serious Injuries – Call the Personal Injury Lawyers that will help you

Serious Injuries – Call the Personal Injury Lawyers

As personal injury attorneys who handle many cases involving very serious injuries, we are frequently asked questions by clients and family members about matters commonly of concern to them. In order to provide our readers with some general guidance about serious injury cases inTexas, we have decided to do a series of blogs on frequently asked questions in the context of such cases. This entry shall address the first of many of such questions, with future blogs on other FAQs to follow.personal injury attorney

1. Who pays for my medical bills while I am recovering from my injuries?

Answer: You do. In Texas, we do not have a “Pay As You Go” rule. In a hypothetical automobile accident where it is admitted that the other driver is at fault, there is still no duty of that driver or his insurance company to pay medical expenses for the injured victim as they are being incurred. Instead, the injured individual is required to use his or her own resources to pay for medical expenses as they are being incurred. If the expenses incurred exceed available insurance coverage, the insurance carrier for the at fault driver may decide to tender available coverage without further delay, but there is no legal requirement that they do so. However, if the medical expenses being incurred do not exceed available coverage, typically, such bills will not be paid until all medical reports are made available for review to make sure that the incurred medical expenses are related to the injuries caused in the hypothetical collision. Thus, in Texas, as in many other […]

Serious Injuries – Call the Personal Injury Lawyers that will help you2018-06-12T00:33:45+00:00

Frequently Asked Questions – Motor Vehicle Accident

Frequently Asked Questions – Motor Vehicle Accident

The Blackman Legal Group has 26 years of experience helping injured people recover physically and financially from motor vehicle accidents. We know that when an accident happens, you may find yourself wondering what to do and who to trust. Our attorneys are ready to help. If you have questions, please contact us.Personal Injury Attorneys San Antonio

Questions you may have when involved in an accident include:

When should I seek medical care?

Although you may think you feel fine right after a serious accident, you should seek medical attention promptly. People will often find that rather than feeling better 12-24 hours after an accident, they feel much worse. Waiting to get treatment or trying to “tough it out” will only hurt your chances of making a full medical and legal recovery. When you see the doctor, you should be sure to explain exactly what your injuries or complaints are. Do not try to minimize your injuries or symptoms. You will be giving insufficient information to your medical providers, making it much more difficult for them to make an accurate diagnosis and treatment plan.

Which doctor should I see?

If you are seriously injured you will be brought to the appropriate emergency medical provider for immediate treatment. If you have been hospitalized you will need to follow the advice of the doctors who are caring for you. When you are able to, you should contact us so we can assist you in arranging for and coordinating your ongoing medical care.

How long should I continue to seek medical care?

You should continue to seek medical care for as long as you are […]

Frequently Asked Questions – Motor Vehicle Accident2018-06-12T00:51:08+00:00

Child Injured in a Car Accident

Child Injured in a Car Accident

San Antonio Personal Injury Lawyers » Child Injured in a Car Accident

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If Your Child has Been Injured in an Automobile Accident, You Need Experience on Your Side

A sad reality is that our children are vulnerable to injuries every time we buckle them in our cars or allow them to ride in a vehicle operated by another. This fact rings true regardless of the safety rating our vehicles are assigned by the NHTSA, how big our SUV is, the number and location of air bags, or if they’re in a car seat specially molded for their bodies. Simply put: try as we may, we can’t always control or anticipate the injuries our children suffer in a car accident.san antonio personal injury lawyer Please visit this Website

However, you can control which attorney you hire on your child’s behalf in redressing their injuries from an auto accident. As a parent, your child needs you to advocate on their behalf, and the decision you make regarding who represents them can affect the rest of their life. You should consult the attorneys at Grossman Law Offices if your child has been injured in an auto accident for the same reason you may have purchased a particular safety seat or stroller: they are dependable, trustworthy, and will work hard to fulfill the purpose for which they were obtained.

You Child’s Long-Term Needs Must be Considered When Seeking Damages or Negotiating a Settlement.

When considering injuries suffered by your child, it’s important to keep an eye towards future medical needs that arise due to the car accident. Failure to negotiate a sufficiently […]

Child Injured in a Car Accident2018-07-12T12:18:37+00:00

Three Ways a Personal Injury Case is Defended

San Antonio Personal Injury Lawyers » Three Ways a Personal Injury Case is Defended

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Common Arguments Used by the Defense to Lower the Value of Your Claim

San Antonio Texas Lawyer

There are a number of different ways that a defendant can attempt to limit the success of your lawsuit, and these are called defenses. Our Law Offices, has dealt with a great many of cases and our attorney has identified some of the common ways that a case can be defended.Personal Injury attorney san antonio Please visit our website here

What Are the Common Ways a Case is Defended?

When you file suit against someone, you are known as the plaintiff and the person you are filing suit against is known as the defendant. The plaintiff has what is called the burden of proof, which means that they are responsible for proving the case. Naturally, since you are trying to accuse the defendant of doing something that is wrong, they go on the defensive. There are three main ways that our attorneys have identified that a defendant can use to defend a case: 1) the plaintiff fails on his own merits, 2) Ordinary defenses, and 3) Affirmative defenses.

The Plaintiff Can Fail on His Own Merits

The plaintiff has the burden of proof to show that the defendant is guilty of whatever the plaintiff is accusing them of. For example, if you got into a car accident and the defendant caused the crash you would be suing him in a negligence cause of action. Therefore, as the plaintiff you would have the burden of proof to […]

Three Ways a Personal Injury Case is Defended2018-07-12T12:18:11+00:00