After you have suffered injuries in a motorcycle accident, it is natural to wonder what kind of claims you can file int court to help compensate your injuries

Taking the time to evaluate your situation is important. You need the assistance of an experienced motorcycle accident lawyer to help navigate you through this process.

Remember, there is no set value for these type of personal injury case. Your compensation is determined based on your unique circumstances of how the accident occurred.

Generally, you seek compensation for your injuries you sustanted and damage to your motorcycle Personal damages relating to your injuries generally include costs related to:

• Medical bills
• Lost income
• Pain and suffering
• Loss of enjoyment of life

In motorcycle accident cases as in car accident cases, it is the plaintiff’s obligation or burden to prove that that other drive caused the accident, or was what lawyers call "negligent". Your attorney will be required to prove the following:

1. The defendant owed you a duty of care
2. That duty of care was breached
3. That breach led to the injury-causing crash

An Experienced Car Crash Attorney

Each year across the country, almost 30,000 people are killed and more than 3,200,000 people are injured in car crashes. After a car crash, injured victims often feel overwhelmed. They are   trying to obtain treatment for their injuries. They are also having to navigate financial, employment and transportation problems they often times cannot foresee. If you or a loved one has been injured in a motor vehicle accident, let The McAllen Personal Injury Attorney John Ball help you navigate the insurance claims process. Please call for your free consultation at 956-501-6565.

Types of Crashes We Handle

The McAllen Personal Injury Attorney John Ball has settlement and verdicts for clients who have been involved in many different types of car accidents and other vehicle crashes. I will exhaust all potential avenues to gather evidence that proves to an insurance adjuster or a jury that the opposing driver was at fault. I regularly inspect vehicles involved in the crash, obtain diagnostic data from the vehicles, interview witnesses, inspects crash scenes and obtain red light camera videos and police files. The McAllen Personal Injury Attorney John Ball regularly handles many types of crashes, including but not limited to:

• 18-wheeler/commercial vehicle accidents
• Crashes caused by drunk drivers
• Wrongful death
• Manufacturer Defect/Product Liability
• Dram Shop
• Traumatic Brain Injuries
• Distracted/Texting Drivers
• Pedestrians stuck by vehicles; and

• Rear end/whiplash

Common Car Crash Injuries

I have handled cases involving all types of injuries suffered in car crashes ranging from moderate to fatal. Unlike many attorneys, I work to understand every aspect of my clients' injuries in detail. Some examples of injuries I have handled include:

• Traumatic brain injuries
• Amputations
• Burns
• Spinal cord injuries
• Back and neck disc injuries
• Broken bones
• Joint injuries; and

• Whiplash injuries

What Types of Damages are Recoverable?

From the moment I become involved in your case, I work to identify every part of your life that has been affected due to the crash. This includes not only physical injures, but also emotional injuries such as stress, depression and anxiety as well as how your injuries affect your relationships with friends, loved ones and co-workers. Additionally, I will work with you to obtain evidence of how your injuries have affected your ability to earn income and whether you have lost income because of your accident. Typically, the types of damages available in car crash claims include:

• Past and future medical expenses
• Lost wages in the past
• Loss of future earning capacity
• Past and future physical pain
• Past and future mental anguish
• Past and future physical impairment/loss of enjoyment of life
• Past and future disfigurement
• Loss of consortium (for the spouse/child of injured victim)
• Loss of household services (for the spouse of the injured victim); and

• Property damage

Speaking with Insurance Companies After a Crash

Do not talk to the insurance company – The insurance company is not your friend. Read that again. The insurance company is not your friend. When I first began practicing law, I worked for insurance companies. I defended insurance companies and their clients from lawsuits. My job was to protect the insurance company and help them pay out as little money as possible. Insurance companies have entire teams lawyers devoted to one thing and one thing only, making sure you get as little money as possible for the injuries you sustained. They are there to save themselves money and pay out is little to you as possible. In a recent case that I just settled, the insurance company start off saying they were not at fault at all and refused to provide even one nickel to my client. By the time his case was done, the insurance company settled for almost $55,000.00.

Don’t be pressured or rushed into settling your personal injury claim take time to speak with a lawyer and evaluate your case. Taking that time could mean the difference between appropriate compensation, or being forced to spend money out of your pocket and no fault of your own.

Schedule Your Free Consultation Today

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

Pedestrian accidents are on the rise. As the population increases, more vehicles are on the road. Add to that, people are becoming more health conscious. Walking and outdoor activity is being promoted as major remedy to public health epidemics. This means more vehicles and cars are occupying the same space.

Accidents between pedestrians and cars are devastating. The car always wins. When pedestrians are struck by a vehicle, the results are be life threatening, and life altering. If the accident was the not the fault of the pedestrian, the injured party or their family is allowed to file a personal injury lawsuit against the person who caused the accident. This lawsuit is meant to allow the injured person to recover money needed for medical bills, missed work, rehabilitation, pain and suffering, and additional damages in the case of a fatality.

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https://www.themonitor.com/2019/10/03/san-benito-police-arrest-woman-fatal-auto-pedestrian-accident/

SAN BENITO — San Benito Police arrested a Harlingen woman Thursday in connection to the auto-pedestrian death of Willie Lee Williams, 46, in July, according to a statement released by the city of San Benito.

According to the report, Ivonne Guajardo, 30,  turned herself into police after a warrant for her arrest had been issued by San Benito Municipal Court Judge Benjamin Yudesis.

Guajardo is being charged with accident involving death, a second-degree felony, the release states. Upon her arrest she was placed in the San Benito City Jail, awaiting arraignment and bond.

“This arrest comes after many long hours of investigation by the San Benito Police Department whose officers worked hard to find and follow-up on information needed to make an arrest in this case. We would also like to thank the Texas Department of Public Safety for their assistance in actively processing the car that was involved,” interim Police Chief Fred Bell wrote in a statement.

Williams was walking to work at a Denny’s the night of July 21 when he was struck and killed by a motorist. Authorities discovered his body in the 2200 block of West Expressway 83 in San Benito and he was pronounced dead at the scene at 12:43 a.m.

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https://www.themonitor.com/2020/03/08/dps-18-year-old-phone-fatal-escobares-accident/

A 68-year-old woman was killed in Starr County on Saturday after an 18-year-old man traveling on U.S. Highway 83 drove off the roadway and struck a white Nissan Sentra as well as pedestrians, according to the Texas Department of Public Safety.

DPS booked Adalberto Barron into Starr County jail Saturday on a charge of manslaughter and two counts of aggravated assault with a deadly weapon.

Authorities believe he was on his phone at the time of the fatal accident.

In a news release, DPS says the accident occurred at about 1:25 p.m. Saturday at mile marker 812, just east of Escobares.

“Preliminary investigation revealed a brown Chevrolet pickup was traveling on Highway US 83 when it drove off the roadway striking a white Nissan Sentra that was exiting a driveway,” the release stated. “Furthermore, after the first impact, the Chevrolet continued traveling until striking a fence and crashing into two pedestrians that were standing outside a silver Buick suv.”

One of those pedestrians, Oneida Guerra, of Roma, died at the hospital, according to the release.

As of Sunday afternoon, Starr County jail records showed he hasn’t yet had bond set.

Texas recognizes an interesting cause of action call negligent undertaking. Under Texas law, in the absence of a relationship between the parties giving rise to the right of control, one person is under no legal duty to control the conduct of another, even if there exists the practical ability to do so. This is not so when a negligent undertaking happens. What is a negligent undertaking?

A negligent undertaking occurs when someone undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if: his failure to exercise such care increases the risk of such harm, or the harm is suffered because of the other’s reliance upon the undertaking.

Generally, there is no duty to take action to prevent harm to others (i.e., to be a good Samaritan) without certain special relationships or circumstances. However, a duty to use reasonable care can arise, however, when a person undertakes to provide services to another, either gratuitously or for compensation. 

For instance, when having undertaken to place a flashing light at the crossing for the purpose of warning travelers, the railroad was under a duty to keep the signal in good repair, even though the signal was not legally required. This was the situation when a railroad placed flashing lights at a crossing and failed to maintain those lights.

Expert witnesses in McAllen, Texas Trucking Accidents

Texas Rule of Evidence 702 is the starting point for any expert testimony. It states:

“A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.”

Expert witnesses can testify about liability responsible parties involved in the accident; or they can testify about industry safety standards that were violated when the accident occurred; they can also testify about damages and make calculations as to how much the victim is owed.

In order for a person to testify in court as an expert the person must meet the requirement of an “expert” in their field of testimony (for instance, a doctor will testify about medical issues and not about safety standards in slip and fall cases). The rules of evidence  guide Texas courts by requiring the proposed expert to demonstrate that they have a specialized training, knowledge, or skill in the area they are testifying about. If the court finds the person to be a qualified expert, he or she can offer conclusions on the matter they are testifying about.

After a serious trucking accident, experts are often hired to help breakdown the liability for each of the defendants (to help identify how is most responsible for causing the accident or by not taking some action that caused the accident). An expert can also help calculate damages such as medical treatment in the future, or how much in lost wages the victim is expected to endure throughout his life. And just as the Plaintiff will hire experts, so will the Defendant to minimize liability and minimize lost wages and medical bills.

An example may be helpful on this point:  there is a national retail company called Massive-Mart that sells everything under the sun drives local mom and pop shops out of business. And the driver for Massive-Mart causes a horrible accident. Even though the truck bears Massive Mart’s name, they do not own the truck or employ the driver. Massive-Mart leases the trucks from local trucking companies. It is  local trucking companies that hire, train and direct the drivers. The plaintiff’s attorney is likely to hire several experts to assess the liability of the driver, Massive-Mart , the local leasing company and employer. An accident reconstructionist will recreate the accident to demonstrate what happened and when. And an expert in trucking industry driver safety standards will review the driver’s route logs, personnel records, hours worked, and training history to determine whether the lease company driver was told to driver in longer shifts than he should have been allowed. Or perhaps the company did not hire a driver who had sufficient experience driving in the weather conditions. The expert may also find Massive-Mart hired the cheapest company to do the driving despite the local company having a long history of mismanagement.

Suppose the victim in the above example suffered a broken leg and severe concussion, additional experts may be necessary to explain the severity of the injury and what the future prognosis is for the victim—headaches and memory loss from the concussion—loss of some function of the leg from permanent damage to the bone, nerve or muscle. Vocational experts may be hired to discuss what kind of jobs will be available to the victim after recovering.

Trucking cases are very complex. The trucking companies and their insurance companies have deep pockets to fight against you; and they will do everything in their power to give you as little money as possible and blame you for your own demise as much as possible. Hiring a lawyer quickly can help you get all you are entitled to.

If you have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565.

What to do after an accident can be confusing-it can be overwhelming-and knowing what to do can be confusing. I write this post to provide some guidance as to basic steps to take after an accident. This is not a complete list of what needs to be done. But if you following these basic steps, it will help your case drastically.

Do Not Delay Getting Medical Attention – If you were not taken from the accident scene in an ambulance, go get looked at. Do not try and “tough it out.” First, symptoms from your accident can take a day or two to appear. Adrenaline and the flurry of activity after an accident can mean you don’t tend to yourself as you should. And here is the rub: if you do not seek treatment immediately, then do so later, the insurance company and their lawyers will accuse you of faking your injuries. They call it a “gap in treatment.” Assume you are injured in an accident on Sunday, but you tough it out, take over the counter pain killers and fight through. By Thursday, you can’t deal with the pain any more so you seek your doctor. The insurance company is going to take the position that a truly injured person would have gone to the doctor immediately. Stick with your healthcare provider’s treatment plan. Keep copies of your healthcare bills. If you do not have health insurance, let me know. I can assist you in getting the medical care the insurance company won’t pay for.

Take pictures of your vehicle and the other person’s vehicle – Photographs are a compelling and important component in detailing how  the wreck happened.

Collect the names and phone numbers of the witnesses to the accident – The witnesses are an excellent source of information to assist in determining how the accident happened.

Do not talk to the insurance company – The insurance company is not your friend. Read that again. The insurance company is not your friend. When I first began practicing law, I worked for insurance companies. I defended insurance companies and their clients from lawsuits. My job was to protect the insurance company and help them pay out as little money as possible. Insurance companies have entire teams lawyers devoted to one thing and one thing only, making sure you get as little money as possible for the injuries you sustained.

If you have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565.

Accidents are scary. Being struck by a vehicle or being injured at work can leave you banged up and bruised, or it can be life altering. The McAllen Personal Injury Lawyer is here to help navigate you through your medical care and legal case. The McAllen Personal Injury Lawyer promises to provide top notch legal services for his clients. If you have been injured in an accident, The McAllen Personal Injury Lawyer promise to provide you the following services to help navigate you through your case:

·         I will provide a free consultation at no obligation to you. You owe me nothing to meet with me.

·         I will gather evidence and investigate your claim to prove your accident case

·         I will consult and meet with experts such as accident reconstructionist, mechanical engineers, medical care or life-care planning as  needed to develop you case.

·         I will assist you in receiving timely, needed and effective medical treatment for your injuries.

·         I will take care of all dealings with insurance companies and your claims so you can focus on getting better.

·         I will fight to obtain a fair settlement for your injury claim

·         I will file a lawsuit, if I am unable to obtain a fair settlement from the insurance company.

·         I will keep you informed throughout your case. I will provide you my personal cell phone number.

If you have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565.

As published in The Monitor:

https://www.themonitor.com/2019/11/15/mcallen-student-struck-car-hospital-non-life-threatening-injury/

McALLEN — A student in McAllen is recovering from non-life threatening injuries after an automobile accident at Alvarez Elementary on Friday morning.

McAllen ISD spokesperson Mark May said the student was hit by a car at about 7:30 a.m. while standing in the bus loading area at the campus.

“The student was taken to the hospital to address a leg injury, it’s a non-life threatening injury,” May said.

According to May, a pole was also damaged in the accident, causing a power outage at the school that lasted until about 9 a.m.

“Students were kept in the gym until we got the power back on,” May said.

May said that the driver remained at the scene and that McAllen ISD police and McAllen police are investigating the incident jointly.

The parents of the student injured in the accident have been notified, May said.

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If you have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565.

As report in The Monitor:

https://www.themonitor.com/2019/11/19/man-accused-street-racing-deadly-edinburg-crash/

Police here are investigating a deadly crash that occurred Friday, in which one man has been charged with racing on a highway in connection with the incident.

According to a news release, the Edinburg Police Department was called to the 4000 block of North Salinas Street in reference to a vehicular accident at 4:51 p.m. Friday.

Officers found a male who was unresponsive in a 2002 red Chevrolet Tahoe. He was later identified as Zaith Morado and was transported to a hospital, where he was pronounced dead.

Police said in the release that officers were able to determine that three vehicles were racing on Salinas Street when the crash occurred. Through an investigation, police identified Felipe Arnoldo Cantu Lozano as one of the drivers.

Lozano was arrested for allegedly racing on a highway causing death, which is a second degree felony with two to 20 years in prison and a $10,000 fine, and for making a false report to a police officer, a Class B misdemeanor with up to a year in prison and a fine not to exceed $4,000.

A juvenile also involved in the racing was detained, processed and admitted to a juvenile detention center. All of the involved parties are associated with a racing car club, according to the news release.

Judge Toribio Palacios set Lozano’s bonds at $100,000 for racing on a highway, causing death and $10,000 for false report to a police officer.

“We want the public to please be aware of the dangers of racing and the sad outcome that can sometimes be a result of reckless driving,” EPD investigator and public information officer Sarah Rodriguez said in the release.

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If you have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565.

As reported in The Monitor:

https://www.themonitor.com/2019/11/22/bp-vehicle-hits-la-joya-school-bus/

ABRAM — A wreck involving a La Joya ISD school bus and a Border Patrol vehicle Friday morning is being investigated by the district’s police department.

La Joya ISD PD Chief Raul Gonzales says the accident occurred on Military Highway in the community of Abram.

“As the bus driver was about to stop to pick up another student he was rear ended by a border patrol vehicle,” Gonzales said.

According to Gonzales, the bus was carrying seven students from JFK Elementary when it was hit.

Gonzales says the driver of the Border Patrol vehicle and the occupants of the bus were all taken to the hospital for evaluation.

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If you have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565.

Throughout our lives, we get bumps and bruises. Sometimes we get injured in the injuries leave lasting effects. Say for instance, when you were in you early 20’s you had accident. Because of your injuries you needed surgery on your back. You attend rehab and the surgery was successful. Now fast forward ten years. You are driving to work and you are side swiped by a car whose driver is on their phone-texting. The ambulance arrives and they load you on the gurney. You notice you are have severe, dull, aching pain in your back, exactly where you had the surgery previously. After being released from the hospital you attend physical therapy and you are able to get back on your feet. Then you make a claim against the insurance company for the driver that hit you. The first thing the insurance company is going to say is that your current injuries really aren’t their fault. You had a “preexisting” condition which was just “aggravated” by their distracted driver. This kind of obfuscation is why hiring an experienced personal injury lawyer is vital.

The insurance company doesn’t get a pass just because you had a previous injury. In fact, Texas follows something called the “Eggshell Skull Doctrine” or you take your victim as you find them. The application of this rule means that the person who caused the injury may be liable for aggravation of a pre-existing physical condition of the plaintiff caused by the tortfeasor. In other words, the person who hurt you does not get to simply walk away and say, too bad, you were already injured before I got there.

The leading case announcing the eggshell skull rule is a Wisconsin case, Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (1891), though it is not the earliest eggshell skull case even in Wisconsin, see Stewart v. City of Ripon, 38 Wis. 584, 590-91 (1875). In Vosburg, one school boy kicked another in the shin, in circumstances that made the kicking a battery. The kick would not have seriously injured a normal person, but the victim had an infection in his tibia and the kick aggravated the infection, causing serious injury. The court held the defendant liable for the entire damages. Stoleson v. United States, 708 F.2d 1217, 1221 (7th Cir. 1983).

Even if you have a preexisting condition, you have the right to compensation if that condition is aggravated or made worse by the accident. If you have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565.

After a car accident it is very likely that you will be experiencing shock and trauma. This is especially true if you have to go to the hospital and spend time recovering from your injuries. The experience can be so unpleasant that you want to leave it in the past as quickly as possible. And insurance companies are all too willing to help you leave it in the past as quickly as possible.

But in order to leave this trauma in the past, insurance companies will expect you too take substantially less money than you are entitled to. Before you sign anything, stop and call a personal injury attorney. And experience personal injury attorney knows how to evaluate your case and get you all the compensation you’re entitled to.

It is important to understand the well your case may seem simple and straightforward, spending a little time analyzing the facts and circumstances can make a big difference. You may not realize it now but you may need therapy in the future, you mayNeed in-home services to assist you in getting back on your feet, and you may incur additional Medical expenses related to pain and suffering.

I’ve said it before and I’ll say it again: the insurance company is not your friend. They are there to save themselves money and pay out is little to you as possible. In a recent case that I just settled, the insurance company start off saying they were not at fault at all and refused to provide even one nickel to my client. By the time his case was done, the insurance company settled for almost $55,000.00.

Don’t be pressured or rushed into settling your personal injury claim take time to speak with a lawyer and evaluate your case. Taking that time could mean the difference between appropriate compensation, or being forced to spend money out of your pocket and no fault of your own.

It is important to know the types of automobile insurance coverage available to you protect you. Insurance is important because it not only insulates you when you are at fault in an accident, but it also protects you when you have been injured by someone crashing into your vehicle. Navigating insurance law can be tricky. And dealing with insurance company adjusters and lawyers can be even trickier.

Automobile insurance protects you financially by paying the other driver’s car repair and medical bills if you cause an accident. Texas law requires you to have liability coverage. If you still owe money on your car, your lender will require you to have collision and comprehensive coverage.

Types of auto coverages

1. Liability coverage pays to repair the other driver’s car if you caused the accident. It also pays the other driver’s and his or her passenger’s medical bills and some other expenses. Texas law requires you to have at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage. This is called 30/60/25 coverage.

Think about buying more liability coverage.

The minimum liability limits might be too low if you cause a multi-vehicle accident or the other driver’s car is totaled. If you don’t have enough liability coverage to pay for the damages and injuries you cause, you might have to pay the rest out of your own pocket. The other driver could sue you.

2. Collision coverage pays to repair or replace your car after an accident.
3. Comprehensive (other than collision) coverage pays if your car is stolen or damaged by fire, flood, vandalism or something other than a collision.
4. Medical payments coverage pays your and your passengers’ medical bills. It also pays if you’re hurt while riding in someone else’s car or while walking or biking.
5. Personal injury protection (PIP) coverage is similar to medical payments coverage. It pays your and your passengers’ medical bills. But it also pays for things like lost wages and other nonmedical costs. All auto policies in Texas include PIP coverage. If you don’t want it, you must tell the company in writing.
6. Uninsured/underinsured motorist coverage pays if you’re hit by someone who didn’t have insurance or didn’t have enough to pay your medical and car repair bills. It also pays if you’re in a hit-and-run accident. Insurance companies must offer you this coverage. If you don’t want it, you must tell the company in writing.
7. Towing and labor coverage pays to tow your car if it can’t be driven. It also pays for labor to change a flat tire or jump-start your battery.
8. Rental reimbursement coverage pays for you to rent a car if yours is stolen or being repaired after an accident. Some policies also pay for taxis or ride-hailing services.

Abuse by Insurance Companies in Texas

Sometimes, the insurance company will not take the appropriate steps to properly resolve your claim. I have personally witnessed these tactics from insurance companies. This type of bad faith insurance abuse takes many forms, including:

• Making slow, late or incorrect payments
• Denying valid claims (this is the most common one I have seen)
• Canceling policies or refusing renewals
• Denying of necessary medical treatment
• Lying about policy coverage
• Offering substantially reduced payments which still require you to pay out of pocket.

Contacting a lawyer with a proven track record in dealing with insurance companies if vital. As your personal injury lawyer I can assist you with obtain compensation for:

• Lost Wages & Lost Wage Earning Capacity
• Pain & Suffering
• Mental Anguish/Emotional Distress
• Medical Expenses
• Scarring & Disfigurement

Spouses also have the right to file claims based on the following:

• Loss of Consortium
• Loss of Household Services
• Loss of Spousal Support
• Loss of Inheritance
• Wrongful Death

If you have been injured in an auto accident, all McAllen personal injury attorney Johnathan Ball immediately. 956–501–6565

Large Commercial Truck/18 Wheeler Accidents are a Different  Creature

As drivers, we share the roadways with commercial vehicles/18 wheelers. It is a fact of life.  You do not have to be an accident reconstructionist to intuitively know just how dangerous large trucks are. It does not require much imagination to visualize just how devastating a commercial vehicle/18 wheeler accident can be.

News reports remind us what happens when these massive trucks collide with smaller passenger vehicle.  When it is 18 wheeler vs. passenger car, the 18 wheeler wins, every single time.  And if you have ever had a big rig cross into your lane without noticing you are there, you have a sense of just how dangerous and difficult these rigs are.

Large truck accidents result in more serious injuries, more damages and more bills. Besides the injuries and damages, the cases themselves are just more complicated.

So why are big rig accident cases so complex?

First, it’s a matter of size .Trucks often weigh 20-30 times as much as passenger cars and are taller with greater ground clearance, which can result in smaller vehicles underriding trucks in crashes. So they are a heck of a lot bigger. And the distance between the ground and the bottom of the truck (ground clearance) is a death trap when the small passenger  vehicles get trapped in an under-ride crash.

Large truck braking capability are a contributing factor in truck crashes. Loaded tractor-trailers need 20-40 % more distance to stop than a passenger vehicle. Add in some bad road conditions like discrepancy is wet and slippery roads or with poorly maintained brakes, and you have a recipe for disaster.

Truck driver fatigue is a well documented crash risk. Commercial divers of 18 wheelers are allowed to drive up to 11 hours at a time per federal regulations. Surveys, however, have concluded that many commercial drivers violate these safety regulations and drive for longer periods than they should.

Blind spots create gaps in vision for the driver. These blind spots mean the driver of the 18 wheeler cannot easily see you.  Being an 18 wheeler driver is not an easy job.

If the truck is poorly maintained, or the driver is committed to operating the truck safely and within the limits set by law, the road around becomes dangerous. It is dangerous for the driver of the truck, and for the other motorist.

Fatigue is the result of physical or mental exertion that impairs performance. Driver fatigue may be due to a lack of adequate sleep, extended work hours, strenuous work or non-work activities, or a combination of other factors. The Large Truck Crash Causation Study (LTCCS) reported that 13 percent of commercial motor vehicle (CMV) drivers were considered to have been fatigued at the time of their crash.

It is not just the trucks that are complex. It is the litigation as well.

18 wheeler/commercial truck litigation is complex because when you are involved in a collision with a commercial truck, it is not just the driver that it is involved. It is also the business that employees the driver. You come involved in litigation with the business. And businesses are all about the bottom line. Fairly compensating you for the substantial injury you have incurred because of their driver is not their interest. Paying you as little as possible and getting back to business is. 

I have extensive experience in personal injury litigation involving 18 wheelers and commercial vehicles. I will not be intimidated by the insurance company adjuster or the high priced lawyers the insurance companies hire. For years, I represented insurance companies and their insured in lawsuits. I am well aware of their tactics. 

Commercial Vehicle Law Also Introduces Complexity to an Accident Claim

We’re all subject to the rules of the road, but drivers of commercial vehicles have even more laws that apply to them. Not only are there federal laws like the Hours of Service Rules, which dictate how long a driver can stay on the road in a given period, there are also laws in each state that apply to the size requirements of commercial vehicles and to the requirements of drivers allowed to operate commercial vehicles.

So, there are many state and federal laws an attorney must be familiar with when handling a case involving a c#Tommercial vehicle. Here again we see the importance of having an attorney who has handled cases involving large truck accidents. The learning curve is steep in these cases, and you want to be sure your attorney is familiar with the process.

Don’t Be Taken Advantage of After a Commercial Vehicle Accident

18 wheeler crashes are frightening. They are costly, and they can be physically and emotionally painful. Remember, if you are the victim of a crash that caused by a careless or negligent large truck driver, you are entitled, frankly, owed money for what you will deal with. 

Call me right away. I will handle the attorneys and the insurance companies. I can help. Call The McAllen Personal Injury Lawyer John Ball at 956-501-6565.

https://valleycentral.com/news/local/mcallen-police-investigating-cause-of-fatal-accident  

UPDATE: Authorities have identified two victims who died in a weekend crash in McAllen on Saturday.

The victims have been identified as Christian Jordan Guzman, 29, of Alamo, and Taylor Nicole Crouse, 21, of Donna.

Police also stated that the driver of the vehicle, Scottie Lee Ochoa, 21, of Donna, was arraigned on Saturday on two counts of intoxication manslaughter.

Bond for each count was set at $300,000.

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McAllen Police are currently investigating a single vehicle crash that killed two people on Saturday.

The call came in before 2 a.m. on Nov. 17. A vehicle rolled over after colliding with a utility pole at the 4100 block of North 2nd Street.

Three people were in the vehicle at the time of the crash- two of them died as a result of injuries sustained.

The cause of the crash is still under investigation and charges are pending.

We will keep you up to date with the latest information.

In 2015, the Texas Department of transportation reported that one person was killed in a car crash every two hours and 26 minutes. A person was injured in a car crash every two minutes and seven seconds according to the Texas Department of transportation.

These statistics are sobering reminders of just how dangerous operating a motor vehicle can be. But the question becomes: if you are in a car accident do you really need to hire an attorney? The short answer is yes.

Here’s why: If you have been seriously injured in an automobile accident, you are likely to be taken to the hospital by ambulance. This means you will arrive at the emergency room. At the emergency room you will be looked at by at least one emergency physician, and cared for by several nurses and various medical technicians. If your injuries warrant it, you may undergo x-rays, an MRI, or a CT scan. If your injuries are severe enough, you may wind up in surgery and spending time in the hospital.

Even with insurance, medical expenses are big money. The out-of-pocket expenses alone can cost you tens of thousands of dollars. Speaking with an experienced personal injury lawyer after an accident increases your chances of recovering the out-of-pocket expenses you will incur for your medical treatment. As a result of your injuries, you will inevitably experience physical pain and mental suffering. There is simply no way around it. Bumps and bruises are painful, broken bones are even more painful, internal injuries and surgical scars can cause pain and suffering that last for weeks or months. I know because I have personally been in that situation following a car accident. And then there is the physical scarring you’re left with after surgery. Understand that you are entitled to compensation for all of these things. Texas law allows you to be fairly compensated for these injuries. If you’ve been severely injured in an accident, should you speak to an experienced personally injury attorney? Most definitely yes. The law entitles you to compensation and an experienced personal injury lawyer can help you get the most compensation.

As I discussed in a previous blog, another reason to speak to an attorney after an accident is to protect you against the insurance companies. Make no mistake about it, insurance companies are not your friends. Their goal is to pay you as little as possible, as quickly as possible. A tactic I have seen time and time again from insurance companies is to offer low settlement amounts at the start, with threats of protracted litigation if the lowball settlement is not accepted. The hope is to put the injured party in a position to be forced to accept the lowball funds funds immediately, in order to pay off mounting medical bills and help defray lost time from work.

So what is the advantage of having a lawyer? First and foremost, it is having someone that understands the economic value of your case. In other words, having an attorney who has dealt with your kind of case before and knows what kind of money insurance companies will actually pay you, versus the lowball amount first offered..

Secondly, an experienced personal injury attorney will interview witnesses, collect evidence, hire reconstruction experts when needed and ensure that the facts and circumstances surrounding your car accident are accurately relayed. This is important because insurance companies and their lawyers will do everything they can to blame you for all, or at least some of the accident. And the more the insurance company can find a way to blame you for your own injuries, the less they have to pay you.

Third, your attorney will negotiate with the insurance adjuster. Dealing with insurance adjusters after you’ve been in an accident can be a daunting task. They are experienced in negotiating and will seek to undermine your case at any point. Your attorney will act as a buffer between you and the insurance adjuster ensuring that your claim, your story, and your injuries are accurately relayed to the adjuster and the insurance company properly assesses your claim.

Lastly, if it is simply not possible to reach an amicable settlement, your lawyer will prepare the necessary documents to take your case to court. An experienced personal injury lawyer will navigate you through the complex legal process in order to bring your case to a favorable resolution, getting you all the money you’re entitled to.

If you have been injured in a car accident, call McAllen Car Accident Attorney John Ball today for a free consultation at 956-501-6565

On December 17, 1999, I was involved in a catastrophic car accident. The accident happened at the intersection of McColl and Nolana. When the paramedics arrived, I was unconscious. I had to be cut from the vehicle with the jaws of life. I suffered a collapsed long, internal bleeding, a broken pelvis, along with bumps and bruises but took months to heal. My family member died in that accident.

I understand the emotional, physical, and financial toll that car accidents take on a family. I’m particularly mindful of how destructive losing a family member can be. When a family member dies because of someone else’s negligence, there are remedies under the law.

In Texas, the remedy is to file a wrongful death claim. A wrongful death occurs when someone’s death has been caused directly by the negligence of another person or entity. Wrongful death can occur in all kinds of ways ranging from car accidents, to pedestrian auto accidents, to the negligent acts of busines admin159 ses. Texas law allows family members to sue for damages related to the wrongful death of their family members. This is found in the Texas civil practice and remedies code chapter 71. Chapter 71 allows A lawsuit to be filed for actual damages if the injury or death was caused by a negligent person or that person‘s employees or agents wrongful act, neglect, carelessness, on skillfulness, or default.

In filing a lawsuit for wrongful death family members can seek compensation for funeral costs, the loss of their loved ones wages and earning capacity, for loss of companionship along with the emotional toll that losing a loved one takes.

Taxes only allows two years to file a wrongful death claim. It is not something to wait on. If you have lost a love one because of someone else’s negligence, carelessness, unskillfulness or default, I can help. Call me today at 956-501-6565.