Everyday auto accidents occur across Texas. And each and every auto accident is different, each resulting in differing levels of damages, injuries and losses. While most auto accidents are caused by another driver's negligence or momentary lapse of attention, some accidents are caused by reckless behavior. Common acts of negligence include failing to yield the right of way, rear-ending a vehicle, running a stop light or stop sign or an unsafe lane change. Common acts of reckless disregard occur when a driver operates a vehicle at extreme high speeds, drives under the influence of alcohol or drugs or races another vehicle. In Texas, if the other driver is negligent the injured individual should be entitle to property damage, medical bills and expenses, pain and suffering, mental anguish, lost wages and/or lost income. If the negligent driver was also reckless the victim may be entitled to punitive damages or special damages, in addition to his or her actual damages.
Our Law Firm has represented individuals throughout Texas for more than 15 years. Our Team of Lawyers understand not only the rules of the road and the special duties imposed on commercial and public carriers, but we also work on a regular basis with investigators and/or experts to determine answers to complex scientific and/or engineering questions that can form the underlying cause of a loss. Over the years we have found that by determining these answers can sometimes unravel how an accident occurred on the roadways, highway, intersection and who was at fault. Our Lawyers are experienced handling car crash cases and auto accident losses involving:
- Drunk Driving Losses
- Rear End Collisions
- Intersection Accidents
- Hit and Run
- Passenger Injuries
- Motorcycle Accidents
- Semi-Truck and Tractor Trailer Crashes
- Pedestrian Accidents
- Uninsured Motorists
If you or a loved one has been injured in a car accident or a personal injury, call the Law Firm of Carabin & Shaw today. Our Law Firm always offers a free initial consultation on all cases and we are only paid if we win, which means that there is never a fee unless we successfully resolve your case.
If you need our help and immediate assistance, call us toll-free at 800-862-1260.Establishing Liability
As with most liability claims, determining who is at fault in a traffic accident is determining who was negligent. Fault issues can be complicated. Call our Law Firm we can help. Our experienced attorneys will help you determine who was at fault. We will obtain the police report on your loss, review the traffic laws and interview witnesses in order to determine who was at fault for your accident.Accidents Caused by Drunk Drivers
It is unfortunate, but every day across the State of Texas drunk drivers are killing and injuring Texans. In our opinion drunk drivers should be punished for killing and injuring innocent victims. It is important to understand that the victim and/or his family have the right to make a claim for actual damages and punitive damages.
In addition to the intoxicated driver being held liable for the personal injuries he or she caused, a bar or night club can also be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. The fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability.
Our experienced personal injury attorneys know the laws governing legal responsibility and can help you identify who might be held responsible for your injuries, including people or businesses you may not have considered.
Every ½ hour, someone in this country dies in an alcohol-related accident or crash. Last year alone, over one million people were injured in alcohol-related accidents.Accidents Caused by Defective Products
In some cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, an accident may occur due to a defect. In some auto accident cases, the loss is caused by a product defect. In such cases, an automobile manufacturer or a supplier can be held responsible for injuries caused by a defect in the automobile under the law of product liability.
A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product-either in designing, manufacturing, or labeling the product-the manufacturer is liable for any injuries the product causes, regardless of whether the manufacturer was negligent.Accidents Caused by Highway Defects
Poorly maintained roads and/or malfunctioning traffic control signals can also contribute to cause an accident as well. Sometimes improper designs, maintenance issues, construction issues, signage issues, lighting issues or other highway defect issues, including poorly placed trees and utility poles, can cause serious or even deadly accidents. In cases such as this the road construction company or even the State can be held responsible. Special rules apply to claims and lawsuits brought against governmental entities. Call our Law Firm, good legal advice is critical to preserving and winning such claims.Reckless Conduct and Road Rage
A driver may also be found liable for an accident due to his or her intentional or reckless conduct or for his or her failure to act in accord with a reasonable driver under the same circumstances.
A driver who is reckless is one who operates his vehicle with "willful and wanton disregard" for the rights and well being of others. A driver can be found reckless, for example, if he or she drives in a threatening or harassing manner out of "road rage" and causes an accident.
The concept of “Road Rage” is defined as "an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of another motor vehicle or an assault precipitated by an incident that occurred on a roadway."
Statistics compiled by NHTSA show that almost 13,000 people had been injured or killed since 1990 in crashes caused by aggressive driving. According to a NHTSA, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families.
Texas Law Enforcement Agencies are renewing efforts to identify and penalize aggressive drivers-those who speed, tailgate and engage in other dangerous driving practices.Conclusion
In all of the above cases, it is essential that the victim or his or her family take prompt measures to preserve evidence, investigate the loss and have physicians or other expert witnesses evaluate the injuries and losses. If you have been a victim of an automobile accident, do not hesitate to call our Personal Injury Attorneys. Our Team of Lawyers are skilled and experienced in motor vehicle accident cases.
If you have been injured in an accident, please contact the Law Firm of Carabin & Shaw today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.
For immediate assistance, call us toll-free at 800-862-1260.