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The Other Guy Is Responsible
If you’ve been in a car crash and it’s the other person’s fault, you have the right to file a personal injury claim.
If you have some experience with being involved in an accident, then you know that at the scene the first thing that seems to happen is that everyone points fingers and says “It was the other guy’s fault,” not that this gets anything settled or makes things easier for those involved in the accident.
Basically, the most crucial thing you will need to know, prior to filing a personal injury lawsuit as the result of a car crash, is who is responsible for the accident. In some states there is the concept of comparative negligence or proportionate responsibility, and Texas is one of them. This means that if both parties are at fault for the accident, the award is apportioned according to the percentage of the liability as determined by the courts.
In these kinds of lawsuits, your attorney is required to prove to the court the other party was at fault due to his or her failure to drive with reasonable care. If it can be proven that the other driver was under the influence of a drug or alcohol, on a cell phone or speeding, and that these circumstances caused your accident, the court may award you the damages you are seeking. If it is proven that you were also on your cell phone and were partially responsible for the accident, your damages will be reduced by the percentage of your determined liability.
When it comes to the question of proving who is legally responsible, there are certain things that the courts must see. Your attorney must demonstrate there is a legal duty to provide due care and attention or care and responsibility. Secondly, you must also prove the other party involved in the accident did not exercise due care and by not doing so, was the direct cause of the accident and your injuries.
Being able to prove these things to a court’s satisfaction will usually mean you may be able to recover compensation for damages to your body or personal property. If you have been involved in a car accident and sustained significant injuries, consult a highly skilled personal injury attorney who will discuss your potential case and advise you on how to proceed. Each case is based on the facts and not all cases will go to court.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Why Motorcycle Accidents Happen in the First Place
There are numerous reasons why motorcycle accidents happen, and many of them are the result of another motorist’s negligence.
It’s unfortunate, but true, that just about one third of all motorbike crashes come about as the direct result of another vehicle turning right in front of them. Even though the speeds involved in an accident such as this may be relatively slower, compared to being on a main roadway, the lack of protection a bike rider has will still spell serious injury or death. Motorbikes don’t stop on a dime either and even if the rider has excellent reflexes, there may still be some significant damages personally and to the bike itself.
It isn’t just the fact that other motorists casually turn in front of bikers that is the problem, it is also incidents that involve driving under the influence of drugs or alcohol, driving recklessly in lousy weather and on poor roads, breaking basic traffic rules and regulations, running stop lights, driving without proper corrective lenses if required and yes, even sleep deprivation. The causes for accidents are legion; the results unfortunately are often very serious injuries or a fatality.
Aside from other motorist’s not paying attention to the rules of the road and acting in a negligent manner, motorcycle crashes may also happen as a result of a mechanic’s negligence. Two wheeled vehicles like this need extra care and maintenance and if a mechanic fails to do what is required with due diligence and care, this puts the biker at a huge risk on the road.
For instance, if a nagging engine problem was not corrected properly, a misaligned tire wasn’t fixed or a balding tire was left rather than putting a replacement on, this failure to do what was necessary to make the bike safe may result in a nasty pile-up later. This is one of the reasons why it is important to know the precise cause of a motorcycle accident in order to correctly apportion liability where it belongs.
While not many people give this much thought, roadways are a major headache for bikers. If those roadways are not properly maintained and cared for and a motorcycle hits loose gravel or potholes, they are likely to skid or flip. In circumstances like this, the bike accident may be attributable to local official negligence.
If you have been in a motorcycle accident and suffered severe injuries, or have lost a loved one to such an accident, contact a highly qualified motorcycle accident attorney who will advise you of your rights. Once s/he knows the details of your case, you will be able to discuss how you want to proceed to justice.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Causes of Large Truck Accidents
If there is one thing that causes complete havoc and often death on the highways these days, it’s big rigs involved in crashes.
There usually isn’t any contest winner when it comes to a large rig colliding with a passenger vehicle. Most accidents of this nature result in extremely serious injuries, if not fatalities. What is food for thought are the numbers of large trucks cruising on our highways, and that number is well over 14,000,000 according to the Bureau of Transportation statistics.
The most recent statistics available for truck crashes from 2007 indicate total injuries reported were in the range of 81,000, with over 4,500 being fatal crashes. The numbers don’t get any better when tracking non-fatal accidents either, with over 55,000 injury crashes logged.
What’s going on here? Why are there are so many large rig crashes? Many of the reasons don’t take too much thought, and the first things that generally come to mind are speeding, driving while under the influence of some illegal substance, driving while drunk, driver fatigue, and tire blow outs.
There are many other reasons, most of which are not quite as common, but do figure into the fatality statistics, such as driving too fast for the weather or road conditions, not yielding the right of way, driving aggressively, backing up without using due care and attention, improperly trained drivers, driving without a proper license, overweight loads, and vehicle or maintenance failures. With all that going on, it’s not much wonder the rate of accidents on the nation’s highways is as high as it is.
The difficult thing about a trucking accident happens to be that trucking companies are regulated by the federal government. A lawsuit in this area can get quite convoluted and is one of the major reasons you really need to hire an experienced and aggressive attorney with a good track record in handling big rig crashes.
Consider this added bit of information about truck drivers when you are wondering why the rate of accidents involving big rigs is so high. A truck driver may earn roughly 30 cents a mile. If that trucker wants to hit the $32,000 mark a year for salary, s/he is going to be driving a LOT of miles. Many of those miles are done with one thing in mind, cutting the overhead costs of operation. This leads to drivers who speed, drive past their log out time and drive more aggressively in order to make a decent wage.
If you or someone you love has been involved in a big rig crash, immediately consult with a highly-skilled, large truck crash attorney in order to get justice.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
The Car Accident Insurance Run Around
The most annoying thing ever is getting the total run around from your car insurance company after you have had the misfortune of having an accident.
If you’re really tired of the stalling, procrastination and nitpicking your car insurance company is handing out due to your car accident insurance claim, take a number and stand in line. Next to trying to get good seats for the Super Bowl without paying a fortune, fighting with an insurance company ranks right up there in second place. The good news is that you don’t have to put up with it.
There are things you can take into your own hands and get them done, knowing that you have the ultimate option of hiring a highly skilled attorney to get to the bottom of the insurance merry-go-round for you. To get started, make the obligatory phone call to the claims department. You have every reason to expect to get polite service and answers to your questions; after all you pay insurance, which pays that person’s salary.
Always start off by asking the person’s name and then either record the call or take a good set of notes with complete details about the date and time, etc. If you don’t like what you are being told because it seems unreasonable, or you aren’t happy with the way the call is handled, make it a point to ask for the name of the supervisor. Once you have completed the call, make the trek to the Post Office and mail all your documentation to the person you talked to, or send it all by email. This is an alternative method of getting your point across if the phone call doesn’t produce results.
If the documents and phone call(s) don’t make any difference, track down the complaints department if they have one. Do the same thing with the complaints department that you did with the frontline people, including sending in your documents once again. Make sure to also include a copy of your detailed notes and whom you spoke to in this second package.
If all else fails, head for the local insurance department and file a formal complaint. However, having said that, it would make much more sense to hire a highly skilled attorney who is able to handle cases like this and get them settled expeditiously without getting the run around to which you were subjected. While you may ask yourself why a lawyer would get better results, the answer is related to an insurance company preferring to settle quickly and as reasonably as possible without landing in court.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
How to Handle Car Insurance Disputes
If you’re getting the run around from your car insurance company, you are not alone. This happens far more than you would like to think, but don’t just sit there and take it.
If you are having a tough time with your car insurance company, sit back for a minute and just review all the things that have happened to you before you reached your boiling point of frustration. If calling a highly skilled car insurance dispute attorney was not one of the things you did, it’s still not too late to call an attorney.
If you’re really tired of being ignored, having everything you try to do stalled in neutral, and are sick of disputing with your insurance company, there are some things you may do to help yourself. Just remember, the best insurance is a competent lawyer who will get things moving for you because they understand the system inside out.
We’re going to tell you about some things you are able to do on your own, but will also encourage you to take detailed notes. Your notes will help your lawyer piece together the history of how your claim was handled. You may certainly call the claims department yourself; after all, your insurance premiums pay their salaries. Did they give you a rough time? Get the person’s name and speak to their supervisor.
If you march down to the insurance company and take any documents with you, make sure you have the right ones, and that they prove the point you want to make. Don’t take no for an answer and speak directly to your assigned insurance adjuster. Follow up your “in person appointment” with an email outlining everything you spoke about. Again, remember to keep copies of everything you sent, as well as notes about what was said.
If dealing with your insurance agent is like beating your head against a brick wall, it’s time to head for the complaint department. Repeat the above process and keep notes, complete with times and dates. If there is still no resolution of your complaint, it’s time for the big guns – the local Insurance Department.
Often you may file a complaint with them online, but don’t expect a resolution within a few days, as it often takes longer than 30 days for anything to happen (and not always in your favor). However, having said that, by the time you get this far you are likely realizing your best route to solve your insurance claim dispute would have been to contact a skilled insurance attorney.
While the Insurance Department does pack a lot of power in terms of disciplining insurers, having an attorney represent you is even more effective and more often than not, takes less time.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Help Yourself in Health Insurance Disputes
If you’ve heard it once, you must have heard it a hundred times – your Mom’s, Dad’s, brother’s, sister’s, neighbor’s, or your own health insurance claim was denied. Either this gets resolved, or you get hung with the bill that has to be paid out-of-pocket.
Is there anything you are able to do to give the system a boot and get it to cough up a decision in your favor? Yes, there are several things you are able to do for yourself, however to cut to the chase and get fast results, hire an experienced insurance attorney. Attorneys who have a track record in dealing with health insurance claims are worth their weight in gold in getting you a satisfactory resolution to your claim dispute.
In the meantime, here are some of the things you may do to get things moving. The first thing on your list should be talk to your health insurance provider and get them to review the denial. It may be just a simple error that can be chalked up to the use of the wrong diagnostic code.
If you are making these kinds of phone calls, make a record of them, including to whom you spoke and what they said, etc. In any event, if the claims review is a bust, you may opt to start the formal claims review process. To do this, if you happen to get health insurance through your workplace, get some advice from them. Also, check back with your doctor and get a letter outlining why you needed a specific treatment.
If none of this works, you do have the option of going higher up the chain of command in the health insurance company and speak to a Claims Manager; however, this might be the point to cut your losses and call an experienced attorney. An insurance attorney will be able to cut through a lot more red tape than you are able to do on your own, and in a lot less time.
If there is one thing that health insurance companies don’t like, it’s pressure to settle up and do right by their customers. If you have a skilled health insurance lawyer on your side, the pressure to settle or be sued is often a deciding factor in your favor.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Texas Wrongful Death Statute
Losing a loved one due to an accident caused by another person or entity may allow you to file a wrongful death action under a Texas civil wrongful death statute.
The people who are able to file a wrongful death action are the heirs of the deceased. This involves a representative of the deceased who is seeking damages from the court for personal injuries, expenses such as medical and funeral and conscious pain and suffering.
Wrongful death is generally the result of a variety of diverse situations such as medical malpractice resulting in death, negligence that caused a death, a car crash or being exposed to dangerous and toxic chemicals in the workplace. As you may be well aware, cases like this are difficult to litigate and require a highly experienced wrongful death attorney.
While it is difficult to deal with the death of a loved one due to circumstances that don’t seem to make any sense, you must consult with a qualified wrongful death lawyer well in advance of the tolling of the statute of limitations in Texas, which is typically two years from the date of the accident. There are exceptions to this rule and you must consult with a qualified wrongful death attorney in order to understand what those exceptions are.
The Texas Wrongful Death Statute actually has a rather interesting history and was first enacted in 1860. Over the years, of course, it has been amended, tweaked, changed to fit the prevailing legal requirements, and is now Chapter 71 of the Texas Civil Practice and Remedies Code. This particular statute provides the exclusive remedy for wrongful death in the state of Texas.
Prior to consulting with a lawyer about filing a wrongful death action, it would help to know that there are several basic elements of a wrongful death claim that need to be present in order to have a case. Those elements are that the deceased’s death was caused by the conduct of another person or entity; that the person or entity was negligent (or strictly liable) for the death; that there are surviving beneficiaries; and that monetary damages have accrued as a result of the death.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
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Bike Riding in Austin Can Be Dangerous
Biking may be dangerous to your health and could in fact even be deadly. While bike riding is a joy, you need to be aware of everything going on around you.
Do you remember when you were a kid and you used to ride your bike down the roadway, with your dad watching you from the front yard? Those were the days. There wasn’t much traffic, everyone looked out for you and you were just going to a friend’s house. All in all, bike riding was fun and a memory you carried forward as you got older.
All bike riders need to be constantly aware of what is going on around them. While this may mean trying to have eyes in the back of your head, there are ways to ensure you are able to see what is behind you and beside you; the most important being wearing a helmet.
It’s a fact of life that bicycle riding does have it’s inherent risks and those include making mistakes while riding that cause an accident or being hit by a vehicle through no fault of your own. A good Austin personal injury lawyer worth their salt has seen several cases such as this and knows precisely how to litigate the matter.
Riding too fast for road conditions is one of the more common errors a bike rider will experience. The result being a loss of control of the bike and having it crash into something or someone. In most bike crashes, whether self-inflicted or as the result of a dust up with a car, the rider is thrown, and despite wearing a helmet, may experience pretty nasty personal injuries.
If the bike rider is the victim of an accident involving a vehicle, it is time to contact a highly experienced Austin personal injury lawyer. Cars drivers have a nasty habit of not “seeing” people on bicycles and as a net result often drive “into” them as they turn corners. On the other hand, if the driver is speeding and loses control, jumping up on the sidewalk and hitting a bike rider is not an unusual event.
Unfortunately, a large number of bicycle accidents are the result of hit and run drivers who leave the scene and the carnage behind them. In many instances, the drivers are not found, but in cases in Texas where they are found, they face a felony conviction and a possible prison term of up to five years.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
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Neglect at a Daycare Facility
Accidents do happen at daycare facilities, but the distinction between a true accident and one caused by neglect is often difficult to distinguish. This is where speaking to a top-notch daycare injury attorney will make all the difference in the world.
In this day and age, it is common for both parents to be working to keep food on the table and a roof over their heads. That’s a sign of the economic times in the 21st century, the recession that has hit Americans right where they live. In order for both parents to work, many of them make use of daycare services for their children.
On the whole, most daycare service providers do a fine job and nothing untoward happens to the children in their care. It’s a high demand job with those who work in the industry making a supreme effort to do their best to take care of the children. Generally speaking, a day at the daycare is a day the children like and enjoy, and a day that the parents aren’t concerned about the welfare of their children.
Parents stopping after work to pick up their children expect they will be fine, without any visible injuries (aside from a bump or bruise or two from playing on the monkey bars or slides). They don’t expect to get a call in the middle of the day telling them something happened to their child, something bad.
Unfortunately, accidents do happen, however accidents that are the result of neglect on the part of the daycare facility (or the daycare workers) are something entirely different and need the expertise of a qualified daycare injury attorney. If there is any lack of proper supervision or inattention by the daycare workers to their duties, disaster has a way of happening that may affect your child. For instance, a child falling into a pool while not properly supervised may drown. A little one playing with toys with removable parts may inhale or swallow a piece of the toy.
If you have recently had an incident take place at your child’s daycare that caused serious harm or injury to your child, make certain you immediately contact a competent daycare injury lawyer. The first consultation is free, and a lawyer with many years expertise in this area will assess your case. Taking the steps to deal with what may have been daycare neglect will hopefully stop it from ever happening again. Your daycare injury lawyer will ensure that you get a just settlement for your case from the courts.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
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The Silent Crime Of Child Sexual Abuse
Far too often the hidden crime of child abuse goes on in front of us, and yet we do not really see it for what it is. It’s a crime no one wants to think about, let alone acknowledge, and it’s been with us for many years. In fact, doctors officially recognized abuse in 1961 and called it the battered child syndrome.
Child abuse is unfortunately far more rampant than we would like to believe. It is a crime that hits those who learn about it the hardest, for it violates something deeply personal in all of us. It is offensive, disturbing and heartbreaking for the damage it will cause youngsters. Child abuse, or suspected child abuse, in Texas must be reported. It is mandatory.
The law specifically states that anyone who has “cause to believe that a child’s physical or mental health or welfare may be affected by abuse or neglect” must report their suspicions or face up to 180 days in prison and/or a fine of up to $1,000. This crime must be reported to any law enforcement agency and to the Department of Protective and Regulatory Services.
While many people fear that if they report something like child sexual abuse they will be harassed for making such accusations, the law does protect them. Any highly qualified child sexual abuse attorney will immediately tell a concerned client that anyone who makes such a report is immune from civil or criminal liability, provided the report was made without malice and in good faith.
Reporting without malice simply means that the person was not intentionally trying to injure or violate the rights of another person. Anyone acting to protect a child they suspect is being abused (sexually, or otherwise) is protected for reporting this suspected abuse, if they went to the trouble to learn the facts about the suspected situation.
If you find yourself faced with a possible case of child sexual abuse and it is your child, this makes the situation highly volatile and delicate for all family members and relatives and the child in particular. This is one good reason to choose a child abuse attorney who has extensive experience in this area of the law. Compassion and empathy at a time like this are qualities that any distraught parent would want and need in good legal counsel.
While many people who find themselves in this shocking situation may think they are alone, they are not. The statistics on this type of crime are horrifying. For instance, it has been proven that 1 in every 4 girls and 1 in every 6 boys is abused before the age of 18. If you have Internet access in your home, you will be shocked to learn that 1 in 5 children are propositioned sexually while online. Sadly, there are as many as roughly 39 million survivors of child sexual abuse in America.
Child sexual abuse does not just take place outside the home. It lives and grows secretly within families as well. In fact, up to 40 percent of victims of sexual abuse were abused by a member of their family. Virtually 50 percent were abused by a trusted non-family member, so this means the remaining 10 percent of children abused are abused by strangers. If you are facing a distressing situation like this, immediately call a highly qualified sexual abuse attorney for a consultation. Your peace of mind and the future of your child depend on it.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
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