Alleging Gross Negligence – Car Accidents
Personal Injury Lawyers » Alleging Gross Negligence – Car Accidents
Gross Negligence Theories of Liability in Car Accident Cases
When an accident is caused by certain types of extreme recklessness our attorneys are able to argue that the defendants were grossly negligent. Texas courts have longed held that grossly negligent defendants can pay punitive damages. This article will discuss common types of gross negligence in car accident cases.
As long as there have been cars there are people who have been interested in comparing their car to the next guy. We can all agree that racing can be fun, exciting and it can create an adrenalin rush, but we all can agree that responsible adults who are racing their cars is dangerous on the highways. Despite this understanding, many residents do engage in street racing and our firm has represented numerous clients who have been injured or killed when unknowingly finding their vehicle in the path of these reckless drivers. If we can illustrate that your injuries was caused by someone engaging in a race against another vehicle or a race against speed, then we may be able to illustrate that the driver was acting grossly negligent.
We all understand while driving while intoxicated is incredibly dangerous but it is a common practice in the area. Our attorneys have successfully argued for punitive damages and literally dozens of alcohol-related accidents. In addition to pursuing punitive damages, the applicable liability policies such as dram shop or liquor liability claims are also usually derived from these claims as well.
Texting and Driving
Texting and driving have become a new and common danger in the area. Many of the residents between school-age and adult have cell phones. Because of the increase in cell phones, many people tend to text while driving. This is a very dangerous distraction because texting requires you to use your hands and your sight. So sending a text or reading a text causes you to take your eyes off the road for seconds. Within these few seconds, an accident can occur.
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These are circumstantial gross negligence but any scenario where anyone is acting negligently under the right conditions is considered grossly negligent. It can be grossly negligent to buy an inexperienced teenage driver a high powered sports car, a senior citizen driving under the speed limit on a busy highway, or having too many people in the car.
The tricky part with gross negligence claims is liability insurance does in fact cover even extreme examples of negligence however, it does not cover criminal acts. As such, there is a fine line illustrating gross negligence by a defendant and illustrating to the insurance company the criminal acts to nullify the policy. This suitable distinction can spell the device for your case, such claims involve the experience of our attorneys.
Our law office will fight for your rights. Call our office to learn more about your potential claim and the compensation that you could be awarded. to receive a free consultation.
Personal Injury Lawyers – Accident Attorneys
When a person suffers an injury due to the negligence of someone else, then he or she still has the right to seek compensation from the responsible party with a personal injury lawsuit. In order to be actionable, the personal injury must have been the result of someone failing to provide a legal duty of care to another party. It must have caused measurable financial losses, such as medical expenses or lost income. Like wrongful deaths, Texas personal injury lawsuits can stem from several different types of accidents, including construction accidents, medical malpractice, car wrecks, child abuse, nursing home abuse, 18-wheeler collisions, motorcycle wrecks, injuries from product defects, and many more.
Like any area in Texas, we see plenty of traffic from 18-wheelers, and that means there will also be occasional accidents with semi-trucks. When injuries and deaths result from these accidents, the lawsuits to settle them are extremely technical and difficult for non-attorneys to handle. Since trucking accidents usually result in a tremendous amount of financial and physical harm, the insurance policies for commercial trucks have to be enormous. However, this doesn’t mean the victim will be adequately compensated. In fact, the opposite is often true, as the insurance company will expend greater effort to protect a larger policy. This means that victims oftentimes need the help of a learned and experienced attorney to deal with an 18-wheeler accident. Thus, if you have been injured or someone you love has died in a Texas big rig wreck, then you should call our Law Firm. We’ve dealt with many different truck accident cases, both those involving injuries and fatalities, so we know how to get you the compensation you deserve. Not only do we know how to litigate these cases, but we have the all-important finely-honed investigative skills necessary to uncover the liable party in a complex Texas/ Texas semi-truck accident case.
Why You Should Contact our Law Firm Immediately
While the statute of limitations after a negligent injury or wrongful death in Texas is two years, you need to act immediately to give yourself the best chance of securing the compensation you deserve if you’ve been injured or a family member has been killed by someone else’s negligence. Success with a personal injury or wrongful death claim requires evidence, and that evidence can only be found through a quick and thorough investigation. In most accident situations, the evidence begins to fade away or become altered quickly. Thus, you should contact our Law Firm today, so that you give yourself the best opportunity of delivering justice and recovering the compensation to which you are entitled. We’ve taken on every major insurance company in the state and compiled a long track record of success.
For a free consultation, call our Law Firm any time at 1(800) 862-1260 for a free consultation. We’re happy to listen to your story, answer your questions, and advise of your legal options, so call us now.
Car Accident Attorneys – Auto Crash Lawyers
A common misconception about car accidents is that it does not happen to “good drivers”. Of course, this is not the case as even the most careful drivers can, through no fault of their own, sometimes be involved in a car accident. In light of this, it is vital that all drivers are prepared and know the important steps to take in the unfortunate event that they are involved in a car accident.
1. Remain calm.
It is very normal to feel upset and anxious if you have just been involved in an accident. However, it is important to try to keep your cool, otherwise, you might forget crucial information and details that can be very useful down the road.
2. Seek medical attention.
Call 911 and ask for an ambulance to be sent to the scene if you or someone else is injured. It is important to note that, sometimes, it is not immediately obvious if you or the other party (ies) involved in the accident are injured. For this reason, it is a wise decision to call an ambulance even if you think (but are not certain) that you or the other involved party (ies) may be injured.
3. Contact local police authorities.
It is important to file a police report as quickly after the accident as possible to document the facts accurately and to ensure that crucial details and / or information are not forgotten. This is also a key step in ascertaining the party at fault.
When speaking with the police, always be sure to conduct yourself in a polite manner and never, even if you think that you may be responsible, admit fault for the accident. On the other hand, do be sure to let the police know if you think that someone was driving impaired or distracted.
Do not leave the scene of the accident until the police have given you permission to do so.
4. Collect all relevant information.
After leaving the scene of an accident, it becomes increasingly difficult to gather critical information from those involved in the collision. For this reason, it is crucial that you collect all relevant information from drivers, passengers, witnesses, and pedestrians. The information that you will need from those involved in the accident includes:
o Full names
o Phone numbers
o License plate numbers
o Make and model of cars
o Insurance status of the driver
o Name of the person to whom the vehicle is registered
It is also important to record the names and contact details of any witnesses.
5. Collect witness statements.
If you can identify anyone who may have seen the accident take place then you will want to obtain their names and contact information as soon as possible. Make sure that you do not discuss the accident with them but, rather, ask them questions about what they have witnessed. For example, ask them what they saw, if they saw the other driver operating their vehicle negligently, if they have seen any other accidents at that location or if they overheard the other party (ies) involved say anything. It is possible that a witness may have overheard the other party (ies) admit guilt.
Make sure that you write down all of the information that the witness relays to you as it may help you with your case.
6. DO NOT ADMIT FAULT.
This is very important. Your admitting fault, whether you believe it to be true or not, can significantly and negatively impact your rights and the outcome of your case. Admitting fault can take the form of blatantly stating so or even by apologizing. Do not apologize to anyone, including the police.
7. Do not speak to insurance companies or sign any documents.
Do not give statements about the accident or your injuries to anyone except for the police, your doctor, or your lawyer.
Giving statements to insurance companies without your lawyer’s approval can be detrimental to your case.
It is also imperative that you do not sign any documents without your lawyer’s advice unless it is for the police or your own insurance agent.
8. Take pictures of the scene of the accident.
If you have a cell phone it is a good idea to take pictures of the accident scene including damage to vehicles, injuries, skid marks and street signs. If you do not have access to a camera on your phone, or another electronic device (i.e. tablet) then you might want to consider keeping a digital or disposable camera in your glove compartment.
9. Make notes about the accident.
To ensure that no potentially important pieces of information fall through the cracks, it is a good idea to make notes about the accident as soon after it occurs as possible. You might want to include the following details:
o Time accident occurred
o Weather conditions
o Names and badge numbers of responding police officers
o Vehicle condition (before and after the accident)
You can also inquire as to whether the opposing party’s (ies’) vehicle had any damage prior to the accident, for example, non-functioning brake lights. It can also be important to ask if any of the vehicles involved in the accident were company-owned.
Lastly, be sure to make a note of any individuals who have admitted fault or are taking the blame for the incident.
10. Contact your insurance company.
Call your insurance company and let them know that you have been involved in a car accident. Make sure to cooperate with and be polite to your insurance agent.
However, if you find that your insurance company is being uncooperative then it is important to seek legal advice immediately. We have a number of skilled and compassionate personal injury lawyers who have years of experience dealing with insurance companies. We can help you right away; Give us a call today! 855-851-2001.
11. Call our attorney as soon as possible.
If you have been injured, or a loved one has been injured or killed, as a result of a motor vehicle accident then you need to act quickly. It is possible that your right to seek compensation from the liable individual and / or business may be compromised if you delay action. Our personal injury lawyers at our firm can help you understand your legal rights and fight for the compensation that you deserve!
When you are represented by our Personal Injury Lawyers, we help ease the financial burden. We do not ask you for any money upfront, and we only get paid if we make a recovery in your case.
Do not wait; call our Personal Injury Lawyers, in Albuquerque, New Mexico, today for a FREE and CONFIDENTIAL consultation!