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Recovering Damages for an Injured Child After a Car Crash
Seeing your child get hurt in a car accident can be a traumatic experience for a parent. You probably do everything you can to keep your child safe. Having another driver carelessly harm your child can feel like a real-life nightmare. After you have gotten your child to safety and had their injuries treated, you may start to wonder how you can hold the negligent driver accountable for what happened to your child. Since minors cannot file a lawsuit on their own behalf, you will need to act on their behalf. As a parent or guardian of a minor, you can pursue compensation for your injured child. An attorney can help you determine what the best next steps are.
What Damages Can a Minor Recover?
Calculating damages owed to a minor who has been injured in a car accident can be a little more complicated. Minors are not responsible for their own medical bills, and any income they earn technically belongs to their parents. This does not mean that recovery for these damages is impossible - rather, it must simply be sorted out who is owed what. Minors can recover most of the same damages that adults can, like:
Understanding the Importance of Spoliation Letters in a Texas Truck Wreck Case
Semi-trucks, flatbeds, delivery trucks, and other commercial trucks are usually much bigger than the other vehicles on the road. Consequently, accidents involving commercial trucks are often catastrophic. If you or a loved one were injured in a serious truck crash, you may be able to hold the at-fault party accountable and recover financial compensation through a truck crash injury claim. Obtaining and preserving evidence is a crucial aspect of a successful claim.
Preserving Evidence So it is Not Lost or Destroyed
Robust evidence is a necessity if you want to win your truck accident case. You will need evidence to prove that the at-fault party’s actions caused the crash and that your injuries were the result of that crash. You will also need to prove that you sustained damages as a result of your injuries.
Crucial evidence in a truck accident case may include:
What if the Driver Who Caused My Accident Was Uninsured?
When a careless driver crashes into you, you can be thrown into a horrible situation. You might be in pain from your injuries. You could be missing work or unable to fulfill your household responsibilities. Your vehicle is probably totaled, forcing you to replace it. The one saving grace in that situation should be that the responsible driver’s insurance company is supposed to pay all your expenses so that you do not suffer any financial losses. When it turns out that the other driver does not have insurance - or his insurance is insufficient to fully compensate you - you may be wondering who will pay for your expenses and lost income due to the accident. Your best bet is to contact an attorney who can help you understand your options for making a financial recovery after a serious accident with an uninsured motorist.
Who Pays if the Other Driver’s Insurance Will Not?
You may have multiple options for recovering financial compensation after a crash caused by an uninsured motorist. The two main parties you could recover compensation from are your own insurance company, and the other driver himself. There are benefits and drawbacks to both. A lawyer can help guide your decision about which route to pursue.
Vehicle Defects That Can Cause Crashes - And Who Might Be Liable
Most of the time, it is merely an annoyance when some component of a vehicle stops functioning. A tire starts to go flat, so you pull over unharmed. The battery dies and you need a jump to get it started. Other times, however, a mechanical problem on a car can be dangerous. When a vehicular malfunction leads to a car accident, untangling liability might be complicated. Proving that the accident was in fact caused by a mechanical failure is just the first step. There are a number of other considerations and a number of different parties who could be liable. You will want to work with an attorney who is experienced in handling these complex cases.
Which Vehicle Defects Are Likely to Cause Accidents?
When a breakdown happens while someone is driving, there is a distinct possibility that a car crash will happen. Some types of vehicular malfunctions that are likely to cause accidents include:
Getting Medical Care Before a Settlement Without Health Insurance
When you have been injured by someone else’s negligence, they may be legally obligated to cover your medical bills and other costs related to your accident. However, depending on the complexity of the case and how cooperative the defendant (or their insurance company) is, it may be months or years before you see a dime of compensation. In the meantime, you are hurt now and you need health care now. If you are one of the millions of Americans who do not have health insurance, getting the care you need when you need it can be a challenge. There are several ways that you can try to get your injuries treated. An attorney may be able to help guide you through the process of seeking care now.
What if I Need Emergency Care After the Accident?
It is important to know that hospitals are required to treat anyone who is having a medical emergency, whether they have insurance and are able to pay or not. You can be treated in the ER right away, and you will not be discharged until it is safe for you to go home. The bill can be addressed later.
Are You Underestimating What Your Car Accident Claim Is Worth?
After a negligent driver leaves you injured, one of the first things that is going to happen is that you will get a phone call from the other driver’s insurance company. They will be hoping you answer personally instead of referring them to your attorney. If this is the case, then they will most likely make you an offer right away. The offer will probably sound quite good. They may even give you a six-figure number that seems like way more than enough to cover your medical expenses in addition to fixing or replacing your vehicle.
Do not take this offer. While it may sound like a lot, accepting this offer could end up costing you quite a bit of money. Your best bet is to seek out an experienced attorney who can help you discern what your car accident claim is really worth before speaking to an insurance company.
How Do Insurance Companies Calculate Their First Offer?
Insurance companies exist to make a profit, not to help you. They will nearly always try to get away with paying out as little as possible when one of their customers causes a crash. Before making an initial offer, a claims adjuster will review the facts of the case and try to make an educated guess about what a jury might award you should the case go to trial. Then, they offer you only a small percentage of that.
Hours of Service Violations and Your El Paso Truck Accident Claim
Most people who regularly drive have experienced sleepiness at the wheel. Whether due to shift work, insomnia, or other reasons, most adults do not get the recommended 7-9 hours of sleep a night. When driving, sleep deprivation can be deadly. Experts explain that sleep deprivation can cause episodes of “microsleep.” A person may fall asleep for several seconds at a time without even realizing it. Large truck drivers who are fatigued may make driving mistakes that lead to horrific accidents.
If you or a loved one were harmed in a truck accident and you suspect sleep deprivation may have been a contributing factor, it is important to understand how this may impact your claim.
Understanding Hours of Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) limits the number of hours commercial drivers may drive in a day. For example, these “Hours of Service” rules state that commercial drivers carrying property can only drive a maximum of 11 hours consecutively. Drivers carrying passengers are limited to ten hours.
How Can I Recover Compensation for the Reduced Value of My Vehicle After an Accident?
Car crashes happen every day in Texas. Some are caused by driver inattention, drunk driving, or traffic law violations. Others are caused by defective vehicle components such as defective tires or brakes. Whatever the reason, car accidents have a major personal and financial impact on victims.
Many car crash victims are able to recover financial compensation for vehicle repair, medical bills, and other costs. However, even after a vehicle is repaired, the vehicle may not recoup its original value. Fortunately, Texas law allows car accident victims to seek compensation for the diminished value of their vehicle.
Addressing the Difference in Value Before and After a Collision
Mechanics can repair vehicle damage after a car accident, but there is no way to go back in time and make it so the accident never occurred. Regardless of the repairs performed on the vehicle, the vehicle has still been involved in an accident and potential buyers will no longer pay top dollar for it.
How Can Expert Testimony Support a Truck Accident Injury Claim?
Semi-trucks and other commercial vehicles were involved in over 30,000 auto accidents in Texas last year alone. While 18-wheelers and other commercial trucks are an essential means of transporting goods across the state, these vehicles can also do massive damage in an accident. If you were injured or your loved one was killed in a wreck involving a large commercial truck, you may be entitled to compensation for your losses. Medical bills, funeral expenses, lost income, lost society, and pain and suffering are just some of the damages to which truck accident victims may be entitled. However, a strong case backed by compelling evidence is needed to recover compensation. Expert witnesses are often a crucial component of a successful claim.
Accident Reconstructionists in a Texas Truck Accident Case
There are countless factors involved in a truck collision. Understanding exactly how and why a truck wreck occurred is often one of the most challenging parts of building a claim. Accident reconstructionists are often highly skilled in the fields of engineering, physics, and computer modeling. They evaluate the accident scene, vehicle damage, video footage, event data recorder information, and other evidence to understand how an accident took place. They can then use models and computer programs to explain the sequence of events in a crash.
3 Legal Considerations in Defective Tire Personal Injury Claims
Statistics show that a great number of car accidents are caused by negligent driving. However, some car crashes are the result of faulty vehicle components. Defective tires can be especially dangerous because tread separation and blowouts often cause a driver to lose control of the vehicle. In 2000, Firestone recalled 6.5 million tires because the tires treads were separating from the core, causing severe auto accidents. The defect is linked to almost 300 deaths. If you or a loved one were injured in a car crash caused by a faulty tire, you may be entitled to compensation.
Liability for Tire Defects is Not Always Clear
Defective tires can lead to tire explosion, blowouts, belt separation, tread separation, and other dire consequences. These defects may be caused by a number of different factors. Sometimes, a tire contains a defect because of oversights or mistakes during the design process. Other times, manufacturing errors cause faulty tires to reach consumers. Retailers may knowingly sell tires that contain defects. When a tire company discovers a defect, it may issue a recall. Unfortunately, recalls do not always prevent serious and fatal accidents. Identifying which party or parties are legally responsible for an injury or death caused by a tire defect is often the first step toward recovering compensation.