One of our clients was injured by a drunk driver in San Antonio, Texas. The driver later plead guilty to DWI in Municipal Court. The plea of guilty to DWI is an admission of fault that can be used in the personal injury case against the driver.See using DWI plea of guilty as evidence. So most people think that this would be an open and shut case on the injury side of the case, obvious liability plus the risk of punitive damages should the case go to a jury. This is not always true though, even though the driver admitted fault, his insurance company is refusing to settle the case for more than just a few thousand dollars, an amount much less than the victim’s medical bills alone, not to mention what she is legally entitled to for her ongoing symptoms and the other harms and losses she has suffered as the result of a drunk driver. Continue reading “Car Accident Lawsuits: Dealing with Drunk Drivers and their Insurance Lawyers” »
As a bicyclist, you must be responsible for your safety and assume drivers will not recognize you, especially in their side blind spot. Many bike injuries and deaths are the result of bikes in a tractor-trailer’s blind spot as they make a turn. As a cyclist, you should never allow yourself to be in this position, don’t trust your safety or your life in the hopes a truck driver will check his blind spots for bike riders before he turns. Continue reading “Bicyclist in Trucker’s Blind Spot – Who is at Fault if a Bike Accident Occurs?” »
Recently, a Spring, Texas woman was killed in motorcycle accident when she struck a concrete retaining wall and a tree. She died from massive head injuries, additionally, she was not wearing a helmet. Apparently, she was learning to ride the motorcycle as she had very little experience.
Unfortunately, when a motorcyclist is in a motorcycle accident in San Antonio, Texas, or anywhere else, they usually lose unless properly trained and equipped with the proper safety equipment, namely, a helmet. In Texas, motorcyclists must wear a helmet as mandated by state law, however, this is not the case in Illinois as it is legal to ride a motorcycle without a helmet. Continue reading “San Antonio TX Motorcycle Accident Lawyer – Cases in the News” »
Texas Car Accident – Work Comp Claims and 3rd Party Claims – Affects on Recovery by Victim when Competing Claims
A car accident occurred in Texas as the result of a truck going approximately 60 MPH and ramming into the back of our client’s, Donald’s, vehicle that was sitting at a stop light. We are pursuing two claims on behalf of Donald, a personal injury claim against the at fault driver as a result of his negligence and a Texas Workers’ Compensation claim as Donald was driving a company vehicle at the time of the accident and was on duty for is employer. Continue reading “Texas Car Accident – Work Comp Claims and 3rd Party Claims – Affects on Recovery by Victim when Competing Claims” »
San Antonio Slip and Fall – Current Case – Premise Liability – Injury Law Issues in Texas Slip and Fall Cases
Sue, a successful self employed business owner, suffered personal injury as the result fo a dangerous condition at the premises of a garden center in San Antonio Texas. She often visits the garden center as she runs a landscaping company. It is common for there to be standing water, however, there was standing water that was different this day and there was no warning of the dangerous condition. When the plants are given food through a liquid solution it makes the water particularly slippery, much more so than typical standing water. The store failed to put up signs informing patrons of this condition and therefore Sue had no notice of this condition despite the fact she knew she was stepping into standing water. Continue reading “San Antonio Slip and Fall – Current Case – Premise Liability – Injury Law Issues in Texas Slip and Fall Cases” »
Texas Medical Negligence – Is the Doctor an Employee or Agent of the Hospital? – Not a Simple Question
You go to the hospital emergency room, and the attending doctor is negligent, resulting in an injury or, even worse, a relative dies. If your injuries or a relatives death warrant more than 1 million dollars you better hope the doctor is an employee or agent of the hospital, the deeper pocket. Chances are, he is not an employee but just on staff with privileges. This poses problems in serious injury and death cases because oftentimes 1 million, the amount of insurance most doctors carry, is not enough. A vigilant injury lawyer must find out, is the hospital’s insurance available to compensate for the wrong? Continue reading “Texas Medical Negligence – Is the Doctor an Employee or Agent of the Hospital? – Not a Simple Question” »
I handle a lot of DWI and DUI cases in Missouri and Illinois and have seen a lot of very interesting cases. As a DWI lawyer, it is disturbing, the number of cases wherein the police blatantly step over the line of proper policing by consistently stopping people solely on the the gamble that if a person is driving late at night on a weekend, and particularity a holiday weekend, that they are drunk driving.
Two drunk driving cases I recently handled last month highlight this abuse and the descriptions below are based on undisputed facts: Continue reading “DWI Law and DUI Law – Texas Police Enforcement Crossing the Line Too Often” »