Personal Injuries-Motor Vehicle Collision Injury Cases
People are injured and killed every day in auto collision in Texas due to the negligent actions of other drivers over which they have no control. The National Highway and Traffic Administration reports that in 2015, there were 6,296,000, motor vehicle accidents, of this number 32,166, involved fatalities. Commercial motor vehicles, drunk drivers, traffic law violations, driver inattentiveness and distraction, construction zones, defective vehicles, debris falling from vehicles into the roadway-these are just some examples of hazards we all face every time we drive an automobile on a roadway. Whether due to permanent injury, financial ruin or the loss of a loved one, many people can point to a car accident as the moment where their lives began to unravel. That is why it is so important that people speak to a personal injury/car accident lawyer if they or a loved one has been involved in a traffic collision. Having a capable attorney on your side can be the difference between ensuring your family’s financial future and struggling financially for years to come. Who you hire really does matter. I believe you need an attorney who is passionate about holding the person responsible for your injuries financially accountable. Every case the Bloodworth Law Firm, P.L.L.C., takes, we take personally. We realize that but for the grace of God, it could have been us injured or killed in your accident. We take your case personally and aggressively protect your rights and fight to get you every dollar you are entitled to under the law. Remember, we work for you on a “contingency fee” so that you don’t pay us a dime until we win your case or reach a reasonable settlement with the person who injured you.
We at the Bloodworth Law Firm, P.L.L.C., regularly deal with all issues associated with automobile accidents and personal injuries. We will gladly discuss your case with you free of charge, including answering your questions about your rights under the law, insurance coverages that may be available through the other driver’s insurance policies and even your own. If there is coverage, we will help you set up your claim with the insurance company/adjuster and gather and submit the information required so that you can focus on what is really important-getting the medical treatment you need, so that you can get back on your feet, and get back to a normal life. We will also explain your legal options to you. You need to know this critical information to make the best decisions possible for your family’s future.
In addition, if you decide to file a claim, authorizing your attorney to get to work as soon as possible is a critical, because certain legal deadlines can prevent you from filing a lawsuit, because time can run out quickly and deadlines pass without your ever knowing it. Also, important physical evidence in your case can be lost with the passage of time. You have very little time to lose. If you are the victim of an auto injury of any kind, call us today to schedule a free consultation so that we can educate you on your next step, and get to work for you immediately.
Remember, the insurance companies have their lawyers working for them, and you should have a lawyer working for you. Many insurance adjusters will attempt to convince you that you do not need to hire an attorney. One of the reasons they do this is they know that without an attorney, you are representing yourself and are an amateur doing battle with a professional. Many times, the insurance adjuster will appear very friendly, and seem to be on your side, while the whole while not telling you their “real job” is to find every way possible to avoid paying any money on your claim, or at the least pay you as little as possible.
Types of Motor Vehicle Injury Cases We Handle
At Bloodworth Law Firm, P.L.L.C., we handle all types of injuries across the State of Texas. If you would like more information about your specific type of injury and how we can help, please click on the appropriate link below.
- Commercial Truck (18 wheeler) accidents
- Drunk driving accidents
- Auto-pedestrian collisions
- Uninsured/underinsured motorist accidents
No matter what type of automobile accident/collision, you were involved in, we can obtain a copy of the law enforcement agency accident report so that we can determine who is responsible for your injuries and whether they have insurance coverage to pay you for your injuries and damage to your vehicle. If there is insurance coverage, we will help you set up your claim with the insurance adjuster and gather and submit the information required so that you can focus on what is important-getting the medical treatment you need to so you can get back on your feet. If the other driver does not have coverage or fails to carry enough coverage, we will make sure to go over your own insurance policy with you to determine if you have uninsured/underinsured motorist coverage (UM/UIM coverage) that would apply to your case. If so, we will be glad to represent you in your uninsured or underinsured motorist claim as well.
In addition to investigating insurance, we will consider whether there are other avenues of recovery such as a negligent entrustment (irresponsibly allowing someone other than the owner of the vehicle drive the vehicle), “respondeat superior” (a legal theory holding an employer responsible for the acts/negligence of their employees) or other available assets.
Commercial Motor Vehicle Collisions
Injuries involving commercial trucks, Big Trucks, Tractor-trailer rigs, 18 wheelers and other commercial motor vehicles can be catastrophic. These vehicles weigh far more than the average car or pickup truck. At Bloodworth Law Firm, P.L.L.C., we have experience handling commercial truck collisions. The trucking industry is no stranger to Texas. East Texas is home to oil, and timber industries which use the highways of Texas for transporting heavy equipment, cut timber weighing thousands of pounds. What this means for Texas drivers is that every driver can expect to share the road with several commercial motor vehicles every time they drive anywhere, whether across town or across the country.
While Big Truck and 18-Wheeler, Tractor-Trailer Rigs are usually easy for drivers to see, these truck drivers cannot always “see” other smaller vehicles around them. Because of this, 18-Wheeler drivers must be very careful to maintain a safe distance, be alert and to keep a good look out. The commercial driver’s failure to do so can result in horrible, life altering injuries or even, death. As a result, numerous Federal and State laws have been enacted to try to prevent and reduce the number of commercial vehicle accidents. Among other things, federal laws regulate the amount of sleep a commercial driver must have, what that driver can consume, how often he can go “on duty” and for how long, what he must do to inspect and maintain his vehicle and other conduct. We at the Bloodworth Law Firm, P.L.L.C., understand the risks and requirements of commercial truck companies and their drivers, and the laws that apply to truck companies and their drivers and will use them to help you get the justice you deserve.
Thousands of people are injured and killed every year by drunk driving accidents and people who are driving under the influence of drugs. Driving is a task that requires constant alertness and awareness, as well as, the ability to quickly process information and react. Alcohol-impaired driving and/or drug use can result in inattention, distraction, reduced awareness and delayed reaction time. Under Texas law, a driver is considered intoxicated if his blood alcohol level exceeds .08., if the driver is under the influence of certain prescription(legal) drugs/medication or certain prohibited (illegal) drugs.
Driving while intoxicated and/or under the influence is a crime. Texas takes drunk driving serious. If a person is caught driving over the legal limit, they can have their automobile impounded, be jailed, fined or have their license suspended. Additionally, if a drunk driver causes an automobile accident that results in another person’s death, they can be convicted for the felony offense of “intoxicated manslaughter” under Texas Penal Code 49.08. “Intoxicated manslaughter” is a second-degree felony punishable by 2-20 years in prison and up to a $10,000.00 fine. If you are a victim of a drunk driver, you need to speak with a drunk driving accident attorney as soon as possible following the incident. Filing a personal injury lawsuit may seem unnecessary if a criminal case is pending against a drunk driver. Victims of drunk drivers need a private civil attorney in these situations, even if the prosecutor or district attorney is also filing criminal charges.
Remember, a criminal conviction for drunk driving does not provide victims and their families with any compensation to cover the numerous expenses they may be struggling with following the incident, such as:
- Hospital bills and rehabilitation costs
- Expenses for an in-home caregiver or nursing home if your injuries prevent you from living independently without assistance
- Loss of income, because you can no longer work due to accident-related injuries, such as a traumatic brain injury (TBI) or spinal cord injury
- Loss of family services, or losses associated with the necessity to provide care and assistance to a loved one
- Funeral and burial expenses in the case of a fatal accident
Unlike a criminal case, a civil lawsuit can help victims and their families hold negligent individuals and businesses accountable for the medical costs, lost income and other expenses that they could have to deal with because of the collision. If you are hit by drunk driver, that driver is criminally negligent and responsible for damages, injuries, and deaths which result. If you have been injured by an intoxicated driver you may be entitled to “punitive damages” (an extra amount of money designed to ‘punish’ the drunk driver) in addition to, your medical bills, pain, suffering, physical impairment (scarring) caused by the drunk driver’s negligence.
Also, victims of drunk drivers DO NOT have to wait for a criminal case to conclude before pursuing a civil claim, and they should not delay in hiring a private drunk driving attorney. A benefit to filing a civil lawsuit is that the burden of proof is less than it is in criminal cases. Therefore, it is generally easier for victims in personal injury and wrongful death lawsuits to win a favorable verdict or settlement than it is for the state’s attorney to obtain a criminal conviction.
Finally, even if a drunk driver is not charged or convicted of a crime, victims can and should still file personal injury or wrongful death lawsuits against the driver responsible for the collision as soon as possible. Many times, there are multiple accident victims of a drunk driver and limited insurance gathering evidence and filing a lawsuit, could put you at the end of the line, when all available money has been paid to other victims who have filed their claim before you. You may not feel you have a good case, or you may not want to file a lawsuit against a person, however you owe it to yourself and your family to get all the facts and make an informed decision, about such an important development in your life, and its impact on your family and their future.
William Bloodworth II, founding attorney of the Bloodworth Law Firm, P.L.L.C., is a native Texan, cares deeply about the people in his community and Texas. We are all potential victims of drunk drivers. The Bloodworth Law Firm, P.L.L.C., takes drunk driving very seriously. We and our families are on the roads also. Remember, the only way a victim of a drunk driver can obtain compensation for their injuries, property damage, and wrongful death is to file a civil case with a private personal injury law firm, like the Bloodworth Law Firm. We at the Bloodworth Law Firm, P.L.L.C., are eager to take up your case and aggressively bring the drunk driver who injured you or your loved ones to justice.
Traffic Law Violations Resulting in Injuries
Traffic laws are enacted by our legislature to protect people. But every day these laws are violated. When a driver breaks a traffic law and causes a collision, may constitute “negligence”. “Negligence” is the failure to act as an ordinary and prudent person would under the same or similar circumstances. Traffic law violations that often arise in automobile accident cases are: running a red light, failing to yield right of way, speeding, failing to stop at a stop sign and making an unsafe lane change.
When someone violates a traffic law, that driver can be held responsible for their negligence; this is called “negligence per se”. However, what many people do not realize is that evidence that a driver received a traffic ticket is NOT usually admissible in a civil court of law to prove negligence, unless the offending driver admits guilt.
Because the ticket is not admissible into evidence, you need an experienced personal injury lawyer who will take depositions, investigate eye-witnesses and gather the evidence necessary to prove that the other driver broke the traffic law in question. Eye-witness testimony can be critical in cases where the other driver is claiming they had the green light instead of you. The longer you wait hire the Bloodworth Law Firm, P.L.L.C., the harder it is to track down the witnesses who can help you win your case. So please, call us today for a free consultation. We are here to investigate your case, gather the evidence necessary to prove your injuries and expenses to the Judge or jury, and bring all of our education, training, and passion necessary to win your case.
Injuries Caused by Driver Inattentiveness and Distraction in Texas
The duty to maintain a proper lookout applies to all drivers on all Texas roads. Drivers fail to meet this duty for a number of reasons. A moment of distraction to put on makeup, adjust the GPS device, change the radio station, answer a call or text, falling asleep at the wheel, or simply looking at something other than the road ahead, for just a second or two, is all it takes for a collision to occur.
The National Highway Traffic and Safety Administration reports that in 2014, Ten percent (10%) of fatal crashes, 18 percent of injury crashes, and 16 percent of all police-reported motor vehicle traffic crashes in 2014 were reported as distraction-affected crashes. In 2014, there were 3,179 people killed and an estimated additional 431,000 injured in motor vehicle crashes involving distracted drivers. Ten percent of all drivers 15 to 19 years old involved in fatal crashes were reported as distracted at the time of the crashes. This age group has the largest proportion of drivers who were distracted at the time of the crashes. In 2014, there were 520 nonoccupants killed in distraction- affected crashes.
Auto-pedestrian crashes, bicycle wrecks and motorcycle wrecks often are a result of driver inattentiveness. Drivers get so used to looking for the automobiles that they can easily forget they are sharing the road with people, bicycles and motorcycles as well. Failure to notice that small object in the mirror before a lane change can be a fatal mistake. We at the Bloodworth Law Firm, P.L.L.C., are here to help if you suspect you have been the victim of driver inattentiveness or distraction. You must act quickly to file a claim and begin to gather evidence to win your case. Many time cell phone companies delete text messages after a period of time, if you wait too late to file your case you may not be able to obtain crucial evidence to prove you were a victim of a driver who was distracted while driving.
In summary, if you or your family need a lawyer for a personal injury case, the Bloodworth Law Firm, P.L.L.C., is eager to help you and your family through this difficult and trying time. Remember, there is no charge for our services unless we win your case or negotiate a settlement that you approve of .
Personal Injuries-Wrongful Death
Unfortunately, we live in a “violent” society. More and more we hear news of road rage incidents in which people who do not even know each other become victims of shootings, bar room fights, or other violent crimes.
It is not always an intentional act which takes the life of a family member, sometimes it is an act of negligence, such as medical malpractice, failure to give proper care in a nursing home, or an injury resulting in death on the premises of a business or neighbor.
Whether is an act of road rage, intentional murder, a negligent act that results in your death or the death of a family member, the results are devastating for the surviving family. If someone has taken the life of your family member, you are not only suffering a serious emotional loss, in many cases, you are suffering financially as well. We, at the Bloodworth Law Firm, P.L.L.C., are committed to making sure you have a zealous and aggressive attorney on your side. We know there can be no amount of money that can make up for the loss of a loved one; however, we also know the possible financial devastation wrongful death can cause to the family that remains.
We at the Bloodworth Law Firm, P.L.L.C., are prepared, passionate, and productive for the people we represent. The Bloodworth Law Firm, P.L.L.C., can take your case to court, and fight hard for the justice you deserve. Call us today, we handle all types of injury cases. Let us fight for your rights today!