Car accidents can be devastating. A moment of one driver’s negligence can cause a lifetime of damages to someone else. Many times, the victim and their families are faced with high medical bills, property damage, physical and emotional trauma, and in some cases funeral expenses. Whether you have been injured by another driver, or your insurance company is refusing to pay your lawful claims, Powers Taylor can help.
- Regular two-car accidents
- Getting hit by a commercial truck
- Drunk driving accidents
- Motorcycle accidents
- Being hit by a vehicle while riding a bike
- Being hit by a vehicle while walking
- Quickly assess the situation – Are you injured? Will you need medical attention? What type of damages does your car have? Will you be able to move your car? Take a minute to compose yourself. Make sure that you are not in a place of immediate danger. If you need to move your car, move it to a safe location that is close to the scene. If you are unable to move your car, then call for roadside assistance.
- Call 911 – Whether you have visible injuries or not, you need to call 911. The police will be able to write a report stating which party was at fault, assess any physical damage to the car, document any complaints of physical injury, and aid in the process of gathering information. The report provided by the police can help you prove liability and verify your damages during a lawsuit.
- Gather Information After the car accident, it is important to gather the information of the person responsible. This should include:
- Contact information of those involved
- Drivers License Number (or a picture)
- License plate and make/model of the other car(s)
- Insurance information including who the policy is with, the agent, the claim number, the policy number and the name the policy is under (a picture is great for this as well)
- Time, date and location of the accident
- Contact information of any witnesses that stopped
- It is important to gather all of this information at the scene. Once you have left the accident, it becomes much more difficult to gather the information you will need.
- Take pictures – If possible, take pictures of the location of the accident, including any damage to cars involved. This should include pictures of debris, positions of the cars, and conditions of the cars.
Car accidents are stressful and traumatic enough without worrying about the physical, emotional, and financial aftermath. If you are injured due to the negligence of another driver, you deserve to be compensated. Let Powers Taylor help. Contact us today for a free consultation. All calls are kept confidential.
Car accidents are dangerous enough, but when they involve a large commercial vehicle they are often deadly. Over 7 percent of auto accidents in 2016 involved 18-wheelers, tractor-trailers, or semi-trucks. This equates to roughly 547,000 large commercial vehicle accidents.
A tractor-trailer is a vehicle that consists of a towing engine and a semi trailer that carries the freight. They are often referred to as 18 wheeler truck, semi truck, or big rigs. In order to be considered a semi truck, the truck must have a minimum 10,000 lbs of gross weight and a maximum of 80,000 lbs gross weight.
The heavier the load the trucker is driving, the more difficult the truck is to stop. The heavier load will also cause greater damage in an auto accident.
Lack of Sleep
Many experienced truck drivers are paid by the numbers of miles they travel, leading some drivers to drive more and not get enough sleep. The Federal Motor Carrier Safety Administration (FMCSA) has recently ruled that truckers can drive as many as 11 hours at a time, but then must take at least 2 hours off.
If a trucker is speeding he or she is driving recklessly. Stopping a truck becomes much more difficult the faster it is being driven.
Carelessness or Recklessness
Some truckers have a negligent attitude and believe that drivers should yield to them because of the truck’s massive size. Unfortunately, this is not always possible and is not reasonable to assume.
Lack of Maintenance
A truck must be properly maintained. Even if the best driver is driving, it takes one small part to fail to cause an accident.
While drivers are trained on how to avoid blind spots, most mirror systems do not allow a full view of the area behind them. The loud engine of the truck can also drown out the honks or noise from concerned drivers.
Highway Hypnosis is a trance-like state that can occur after a driver watches the same or similar monotonous road scenery for an extended period of time. This can cause the driver to zone out and fail to register details that defensive drivers must acknowledge to prevent an accident.
An accident often has a number of contributing factors. The manufacturer of the car or commercial vehicle could have provided a defective design or product. Road construction crews sometimes fail to provide appropriate notice of construction or hazards, which can lead to collisions. The driver could have falsified the logbook and driven more than the legal amount of time and the trucking company may not have properly monitored the driver. Before a lawsuit is filed, it is important to conduct an investigation to determine all of the responsible parties.
Accidents involving commercial vehicles are often devastating and deadly. It is important to contact an attorney that has experience in handling commercial vehicle cases. Trucking accidents can leave the victims with medical bills, emotional trauma, loss of income, and physical damage. Let Powers Taylor help. Our attorneys have experience with all types of auto accident cases and will fight to get you the justice you deserve. If you or a loved one has been injured in an accident with a commercial vehicle contact us today for a free consultation. All calls are confidential.
In 2017, 501 people died on Texas roadways while riding a motorcycle or scooter. Out of those drivers that were fatally injured, 51% were not wearing helmets. Motorcyclists on the road are more vulnerable and can be injured severely because they are unprotected by the body of a vehicle. Often times, a motorcycle accident occurs because a truck or car does not see the motorcycle.
A motorcyclist is much more exposed and may be more vulnerable to serious injury. We recommend taking some simple safety tips in order to stay safe on the roads.
- Always wear a helmet. Make sure that it fits correctly and has a DOT label (this shows that it meets federal safety standards)
- Use turn signals
- Drive the speed limit
- Do not weave through traffic or drive on the shoulder
- Don’t ride in blind spots and make sure to always use headlights
- Use good quality gear for protection
- Use both brakes at the same to slowly come to a stop
- Perform regular checks on the motorcycle to make sure all the parts are working properly
If you or a loved one has been injured in a motorcycle accident, take action today. The experienced attorneys at Powers Taylor will fight to get you the justice and compensation that you deserve. Our attorneys have experience with all types of personal injury cases and approach each case with an unique client-centered approach. Contact us today for a free consultation. All calls are confidential.
Drunk Driving Accidents
Drunk driving is a huge problem in Texas. In 2017, 28%of all traffic fatalities were alcohol related, resulting in 1,024 deaths. This makes Texas one of the worst states in the nation for drunk driving. The problem is especially bad in the Dallas-Fort Worth Metroplex, where there were 4,908 alcohol related crashes in 2017 resulting in 159 fatalities. This makes DFW the worst area in the state for drunk driving accidents. The nation is cracking down on drunk driving with multiple public awareness campaigns and new laws being introduced to prevent drivers from getting behind the wheel while intoxicated. We at Powers Taylor are committed to doing our part to end the scourge of drunk driving. If you have been injured in an accident caused by a drunk driver, let our highly experienced attorneys represent you.
- Plaintiff: The person who has suffered a loss or harm due to the drunk driving accident
- Defendant: The person or party being named (sued) in the lawsuit for the drunk driving accident
- Damages: What the plaintiff has lost due to the negligent behavior of the defendant
When the drunk driver is arrested he or she will often be charged with a criminal case. The goal of the criminal case is to determine whether the offender is guilty of the drunk driving, but not to compensate the injured party’s damages. With a criminal lawsuit the government is trying to maintain public safety, punish the offender, deter other offenders, and rehabilitate the offender.
The goal of a civil case is to answer whether the drunk driver, his/her employer, or the bar that sold the alcohol could be responsible for monetary damages. A civil case can be filed to recover damages for past and future medical bills, pain and suffering, economic losses, scarring, physical impairment, and several other types of compensation.
If the drunk driving accident resulted in injuries, the victims of the crash may file a civil case.
If the drunk driving accident involved a fatality there is a specific type of lawsuit that may be filed: a wrongful death claim. A drunk driving lawsuit can affect many people however, there is a limit on the type of individual that may bring a wrongful death claim. The Texas legislature made the determination that spouses, children, and natural or adoptive parents of the deceased are the only parties that can file a wrongful death claim. These are called the “statutory beneficiaries”.
While a drunk driving case may seem straightforward, the attorney has to prove the following legal elements:
- The defendant was drunk;
- The defendant was impaired by his or her drunkenness;
- The impairment led to reckless driving and an accident; and
- That our client was not responsible for the accident.
To prove that the drunk driver was responsible, our attorneys go through a three-step process: an investigation, litigation, and trial or settlement.
The investigation is used to gather all the facts relevant to the case. We will often start with the police report and then use the information they have gathered to tell us what we should look into further. This could include talking to witnesses to get a better understanding of what happened or visiting the scene of the accident.
Litigation begins after the initial investigation is complete and we have identified the drunk driver. A lawsuit is filled with the court demanding monetary damages. We will require the defendant to specify his or her version of events: when he or she was drinking, where he or she was drinking, what he or she drank, and what he or she says happened. During this process we can require the defendant to hand over evidence such as credit card statements to prove they were intoxicated.
Settlement starts after we have collected all the evidence relevant to the case. We can then demand that the drunk driver’s insurance compensate our client. Settlement is a formal process where each side will discuss the facts of the case and try to decide on a “value” for the damages. If both sides cannot agree on a settlement offer before trial, the case will go to court before a jury.
While the drunk driver may have caused the accident, oftentimes he or she was supplied with alcohol by someone else. Two of the most common defendants in drunk driving lawsuits are bars and restaurants. However, there are many other alcohol providers that are regulated by the Texas Alcoholic Beverage Commission’s Dram Shop Act that can be held responsible for over-serving, such as stadiums.
Another common example of an alcohol provider is a social host. A social host is a person who provides alcohol at a social gathering, usually at their home. If a host is serving adult guests over the age of 18, there is no liability for intoxication, and the guest is responsible for their own actions. However, if teenagers are present the host has a legal obligation to make sure that no alcohol is made available to minor guests. If an adult is present and allows a minor to be served alcohol, they are then responsible for anything the minor may do while under the influence. This rule still applies even if the adult is not present but knew the circumstances.
Often times drunk driving accidents cause more than just physical damage.
If your case involves injuries, you are entitled to seek compensation:
- Medical bills
- Missed work
- Physical impairment
- Pain and suffering
If the case involves a fatality, you are entitled to seek damages for lost wages and mental anguish through a wrongful death lawsuit. Parents, spouses, and children can seek financial compensation on behalf of the deceased for damages including:
- Pecuniary loss for care, maintenance, support, advice, counsel, and reasonable contributions the dependent would have received had the deceased lived
- Loss of companionship
- Mental anguish
- Loss of inheritance
- In some cases punitive or exemplary damages designed to deter the defendant and others from engaging in similar conduct
While you have the right to seek the above damages, they are not guaranteed. Your lawyer has to be able to prove that you are entitled to every dollar you ask for. This process requires an attorney that has experience with drunk driving cases and will be able to present the required evidence.
Drunk driving cases are difficult for those involved. At Powers Taylor, we pride ourselves on putting our clients first and fighting to get them the justice and compensation they deserve. We are experienced with drunk driving cases and have been successful with attaining generous settlements on behalf of our clients. Allow the attorneys at Powers Taylor to give you a voice and fight on your behalf. Contact the experienced attorneys at Powers Taylor today for a free consultation. All calls are kept confidential.
When a bicycling accident involves a cyclist and a motor vehicle, the results can be devastating. In 2015, there were 818 bicyclist deaths and 45,000 injuries caused by motor vehicle crashes. The majority of these crashes are due to a negligent or careless driver.
Bicyclist and motor vehicle accidents can be caused by:
- A drunk or impaired driver
- A distracted driver, an example would be using a cell phone while driving or being distracted by passengers in the car
- A driver failing to yield at an intersection or stop sign
- A driver turning in front or into a bicyclist
When a bicyclist is involved in an accident with a motor vehicle, the damage is extensive. Damages that we are often able to recover in this type of personal injury case are: medical bills, past and future loss of earning capacity, past and future physical impairment or disfigurement, past and future loss of income, mental anguish or pain and suffering, and property damage.
If you live in a densely populated area you are more likely to be injured in a traffic related crash due to the high number of cars and people. In 2015, 5,376 pedestrians were killed and another 70,000 were injured in traffic related crashes in the United States.
Common Causes of Pedestrian Accidents
Accidents between a motor vehicle and a pedestrian are devastating. Unfortunately, most of these accidents can be attributed to negligence. Some of the most common causes of a pedestrian and motor vehicle crash are:
- Intoxicated drivers
- Distracted drivers, for example would be texting while driving
- Running red lights and then hitting a pedestrian in the crosswalk
- Illegally parked cars disrupting the driver’s view
- Right turns through crosswalks without looking for pedestrians
Railroad Accidents Still Pose a Real, Modern-Day Danger
Railroads have seen their heyday and are being increasingly replaced by commercial trucks and 18-wheelers. However, commuter and transport trains still pose a very real threat to drivers in Texas and elsewhere in the country. In fact, according to the National Highway Traffic Safety Administration, a driver is 20 times more likely to be involved in an accident with a train than with another car. In 2012, there were 1,960 train collisions nationwide, resulting in 930 injuries and 271 deaths. Trains have an enormous weight and power, and a collision with a train almost inevitably causes more injury than a collision with another car. Because of the seriousness of train accident injuries, if you or a loved one has been injured in such an accident in North Texas, you should immediately contact an experienced Dallas-Fort Worth personal injury attorney.
Hard-Hitting Dallas Train Accident Lawyers Bring Irresponsible Parties to Justice
There are multiple causes of railroad accidents, including train operator error, mechanical failure, poor train maintenance, high speed, poor communication, or a failure to properly switch lines. Because of the serious effects of such mistakes, the Dallas injury attorneys at Powers Taylor believe that irresponsible parties should face the legal consequences of their actions. In addition, they are dedicated to getting their clients the money they need to pay medical bills and lost wages and to compensate for pain and suffering. We offer free consultations and will discuss your legal rights and options and review your case to see if you have a viable lawsuit. Once we take on your case, we work tirelessly to prove negligence on the part of train operators or technicians and to get you your full financial compensation. Call our Dallas office today
If you believe that you or a loved one has been the victim of a motor vehicle accident, it is important that you speak to an attorney immediately. Know your rights. Call Powers Taylor today to speak with an experienced medical malpractice attorney. All calls are confidential.