Vehicular Crime Investigations

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Theresa 5-1 BettersworthOnce the scene of the accident is cleaned up, there is still plenty of work that needs to be done. One of the things that is ongoing is the actual investigation of the accident. The investigation needs to be done in order to determine who was at fault and how the accident occurred. The accident investigation will also determine whether there will be any criminal charges filed. This investigation can also be the cornerstone of a personal injury lawsuit.

The first step in the investigation is to do a forensic interview with the driver of the vehicle that caused the accident. This is an in depth interview that will chronicle everything that the suspect did in the last 24 hours. This includes everywhere he went, anything that he consumed etc. The investigator will also assess whether stress or fatigue were a factor. The law enforcement officer will have already done a field sobriety test and/or a breathalyzer test if alcohol was believed to be a contributing factor.

The investigator will also interview any witnesses that were present at the time of the accident as well as the people who were with the driver prior to the time of the accident. This will help determine how the driver was acting before he got into the car. This is especially true if the driver was intoxicated. If there is an issue with alcohol or other intoxicants, the investigator will determine whether the accident would have happened in the absence of this intoxicant.

All of the photos that were taken on the scene will also be reviewed very closely to determine the chain of events that led to the accident. This investigation will also take place at the scene. The investigator will be looking things such as skid marks, other objects hit as well as anything else that can assist in solving the case.

All of the information gathered through the investigation will be used in court if there are criminal charges that will be filed. If you are filing a personal injury lawsuit in conjunction with an accident that was caused by an act of negligence, your Texas personal injury attorney will access these records to present your case.

Penalties for Vehicular Homicide in Texas

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In the state of Texas, vehicular homicide is a felony offense. Here, it is defined as “the willful killing of a human being through the use of a motor vehicle.” This offense is much different from other crimes such as negligent homicide. The criminal penalties for this very serious offense can vary depending on several different variables.

Theresa 5-1 Bettersworth, no photo credit info sent.Individuals convicted of vehicular homicide can be sentenced to up to 20 years in prison. In Texas, vehicular homicide includes the killing of any human being, including a fetus being carried by a pregnant woman. Once the offender is released, there will be additional restrictions based on the terms of the parole and probation agreement.

Depending on the circumstances of the case, there may instead be a period of probation imposed on the offender. This period of probation may be in addition to or instead of a period of incarceration. There will be several stipulations for this probationary period, such as attending counseling and/or attending substance abuse treatment if drugs or alcohol were a factor in the incident. The offender will also have to report to his probation officer every month.

As a part of probation, there is usually a community service requirement. The amount of hours that are assigned can vary and will be clearly stated as part of the probationary agreement. This community service may be related to the case such as speaking at safe driving programs and events.

The offender may also be susceptible to civil case filingsby the surviving family of the victim(s). These civil cases are totally separate from the criminal cases and will be handled in a different court. The family will be asking for a monetary award for the loss of their loved one. The amount of the lawsuit may vary immensely as there are no real restrictions on what can be sued for.

If you have lost a loved one because of the negligence of another driver, your local Texas personal injury attorney can assist you in recovering damages.

The Basics of Medical Negligence Claims

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When you are sick and need some relief, it is common to visit a doctor or other medical professional.  The hope is that with their understanding of medicine, they will be able to make you feel better so you can get back to more important things.  Unfortunately, there are times when a doctor’s care is the cause of an injury, and at that time it is important to know how to receive compensation.

The first criterion for proving that medical negligence occurred is by proving the existence of a doctor and patient relationship.  This is required to prove that the doctor was obligated or had a duty to provide treatment.  It is a common misconception that only doctors can be sued for medical negligence, when nurses, psychologists, pharmacists and other medical professionals.

The next condition for a successful medical negligence claim is that that obligation or duty was mishandled.  You can’t claim medical malpractice because the results did not meet your standards.  It must be that the doctor didn’t exercise the same care that a reasonably skilled doctor would.  Some of the following can be the basis for your claims:  surgical errors, misdiagnosis, dosage mistakes, and other medical errors.  It would be helpful to have a second opinion about your condition if you feel like the care you received was less than standard.

The last reason for your medical negligence claim is that the breach of duty was the cause of the injuries you received.  This is when it is beneficial to have the second opinion of a different medical professional or other expert testimony.  There must also be a correlation between the injury and certain physical, emotional, or financial damage which was caused by the incompetence. If you feel that a medical professional was the reason you suffered in any way, contact an experienced personal injury lawyer in Comal County who can help you repair your injuries.

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Study: Marijuana Use Increases Likelihood of Car Accidents

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There is a lot of evidence that drinking alcohol and then driving can cause car accidents.  That is why there are laws which regulate alcohol consumption and designate a range of acceptable intoxication.  The state of Texas finds that being “intoxicated” means that normal mental or physical functioning is impaired.

Driving under the influence of marijuana including prior to three hours of smoking can also be detrimental according to multiple studies.  Since the 2009 National Survey on Drug Use and Health estimates that over 10 million Americans have driven under the influence of marijuana, this is no small deal.

A study conducted by the Dalhousie University in Canada compiled the statistics of nine other studies which studied marijuana’s effects on car accidents from all around the world.  Overall, more than 49,000 people who were involved in accidents were under the influence of marijuana.  That  lead these researchers to conclude that people who smoked weed before driving were almost two times more likely to cause car accidents.

“Despite being regulated in many jurisdictions, cannabis (marijuana) is the most widely used illicit substance in the world,” the report stated in the British Medical Journal.  The report also suggests “that cannabis impairs performance of the cognitive and motor tasks necessary for safe driving, increasing the risk of collision.”

It may be difficult to avoid car crashes even if you are as careful as possible.  But if you are injured because of the negligence of someone else, it is good to know that they may be liable for damages such as medical bills and lost wages.  Filing a personal injury lawsuit can also help you deal with the emotional trauma that you have experienced from the accident.  Contact a skilled personal injury attorney in New Braunfels who can represent your interests.

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Train Safety Tips

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Did you know that every three hours a person or vehicle is hit by a train? According to the Federal Railroad Administration, a branch of the Department of Transportation, injuries and accidents can be prevented with simple tips and wise choices.

ChristineTrains come in two different transportation modes: freight and passenger. Passenger trains run on a schedule and can change, while freight trains do not have a set time frame. Since the system is unpredictable, it is important to never take for granted a train’s comings or goings. At every intersection, pay attention to what is going on and always act as if a train is coming. It is important to always take the necessary precautions.

An average train weighs between 200 to 6,000 tons, depending on the cargo, and can squish a car like a soda can. A train’s extreme weight and lack of ability to stop immediately give it way to all other vehicles, including emergency vehicles. So if you are walking on the tracks, know that a train is not able to stop for you either. Roughly stating, it takes about 18 football fields for a train to stop completely on the tracks. Be careful!

Being aware of a moving train, whether it goes right to left or left to right, is important; pay attention at all times to the tracks. Follow signs and cross tracks at designated areas only, whether it is by foot or vehicle. Although accidents do occur, be aware and stay alert at all times.

If you followed all the safety precautions and have been involved in a train accident anyways, contact a Texas accident attorney who is familiar with train accidents and can represent you well today.

 

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How is the Fault Determined in a Car Accident

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Being in a car accident can be traumatic and in the case of serious injury, life changing. In most cases, both drivers involved tend to blame the other driver for the accident and no one wants to take the blame themselves. So how is the fault determined in an accident?

THeresaThere are several factors that are considered. The law enforcement agency is just one part of assessing the fault. While a law enforcement agency does not actually determine who was at fault, they are the ones that will collect evidence that will support the decision of who was at fault. It is usually an insurance investigator that will gather the information that is collected by law enforcement and determine fault. This evidence will include things such as the statements that are made by the drivers as well as any eye witnesses that were at the scene. There will also be photos taken and if applicable any video footage that was obtained at the scene as well as any other physical evidence that is available.

Once all of the evidence has been collected, the next step is to determine if either party acted in a negligent manner. Each person that sits behind the steering wheel of any motor vehicle is obligated to follow certain rules while driving. The first is that the driver must pay attention to the roadway. A driver should always be aware of their surroundings. The second responsibility that a driver has to do what is necessary to avoid an accident. Even if the driver is not the one causing the accident, he/she must act within reason to avoid the collision. The third responsibility is to follow the Texas rules of the road. It is the duty of the driver to follow every law and statute that are set forward regarding traffic laws.

If any of the three rules are breached, then the investigator will try to link the breach of the driver duties to the accident and establish causation.

If you have been injured because of the negligence of another driver, a Texas personal injury attorney can assess the case for you and represent you in your lawsuit.

How does the Statute of Limitations Affect your Accident Case

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With almost any case that can be brought before a court of law, there is a statute of limitations that is implemented. A statute of limitations is a time limit during which legal action can be taken after a crime occurs. The statute of limitations is set by the state of Texas legislature and serves a dual purpose. The first purpose is that it gives the plaintiff enough time to make the decision if they really want to file a suit. The second purpose is that it protects the defendant from being able to be sued for an indefinite amount of time. So how does this statute of limitations affect your case?

TheresaIn the state of Texas, the statute of limitations for car accidents is two years. That means that you have two years from the date of the accident to file and settle a suit for personal or property damage in a court of law. This statute does not apply to the filing of an insurance claim, however. Most insurance companies require that you file your accident claim within 30 days of the accident. (Check with your insurance provider for details) Many accidents end up being settled and do not end up going in front of a judge. However, settlements can take time.

There is one exception in particular, if you are filing a claim against a government employee or agency, you will only have up to 90 days to file your claim.

There are many different parts of the law that can make determining whether you have the basis to sue for compensation due to an accident complicated. You do not have to go through this alone. A knowledgeable and experienced Texas accident attorney can help you with any questions that you may have. Your Texas car accident attorney can assess the evidence and the facts of the case to let you know what the best course of action will be in your case and if you may be eligible for a financial award.

Birth Defects – Cerebral Palsy (CP)

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Those of us who desire to be parents dream of having a healthy, happy child as we wait patiently for nine months for the little one to arrive. Taking care of every health detail becomes an obsession. So when a child comes out and something is wrong, be it genetics or the poor healthcare that caused it, the new parents want to find the best solution to help their child. Cerebral Palsy (CP) is one possible problem that can be caused by nature or the by healthcare professionals.

CP affects muscle tone, movement and motor skills and affects about 500,000 adults and children. It is a disorder that can happen before birth, during birth or 3-5 years after birth.

CHristineThere is no cure for this brain damage and it can hamper things such as vision, hearing, speech and learning. Therapy, special equipment and even surgery can help, but again, there is not a cure. Though most of the time the cause is unknown, there are times when it can be the fault of the health professional.

A doctor’s role is critical throughout the pregnancy and during birth. All medications must be reviewed with your doctor to understand the side effects. They also must monitor blood, diabetes, hypertension, seizures and nutritional deficiencies of the mother and child.

When the brain is damaged during pregnancy or during birth, the doctor can be held negligent, or the medication can cause complications.

If your child has cerebral palsy due to negligence of care from your healthcare professional or a defective or unsafe medication, contact a Texas accident attorney who will stand up for your child’s rights.

Car Accident Settlement Amounts

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If you have been injured in a car accident, you may be entitled to compensation for your injuries. The amount of money you get from a personal injury settlement depends on the type of injuries you have sustained in the accident and how well you are able to prove your pain and suffering, according to an article. The more severe your injuries are, the higher the settlement will be.

LeeviThere are two general categories for car accident injuries, soft and hard injuries. Most injuries sustained in auto accidents are soft injuries. Soft injuries only concern muscles and other soft tissue. For example, sprained knees or ankles, back spasms, and similar injuries are soft injuries. Often these types of injuries are not severe or life-threatening. Therefore, settlement amounts for these kinds of injuries are usually low. It is also often difficult to prove just how severe a soft injury is because they are subjective.

Hard injuries are more serious and can be permanent and life-threatening. In most cases, it is easier to prove a hard injury in a court than a soft injury. Personal injury settlement amounts for hard injuries are often big. There are different types of hard injuries from head injuries to spinal injuries, all of which can seriously threaten your long term health.

The bottom line is that the type of injury plays an important role in determining the amount that you will receive in a settlement. A soft injury will likely get you an amount equal to your medical expenses and loss of income. The amount of the settlement for a hard injury on the other hand will be significantly higher because they are more painful and easier to prove in court.

If you have sustained injuries in an auto accident, you may be eligible for compensation. Contact a skilled personal injury attorney in New Braunfels, Texas today.

Homeowners Insurance and Premises Liability

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ChristineAccidents are bound to happen. Usually we expect them to occur outside of our homes, however, accidents can happen right in your own home. Even worse yet, you could have people over, whether invited over or not, who can be injured on your property and hold you accountable. Know what your basic insurance coverage is so you can be prepared in case of an accident.

You protect yourself with liability insurance for your vehicle, so it only makes sense for you to cover yourself with home liability insurance. Every insurance carrier is different, as is every insurance policy, so check with your insurance carrier for details. This type of policy is intended to cover the homeowner if someone were to get hurt or incur any type of injury on the homeowner’s property. This type of coverage is meant to protect the homeowner against someone suing for negligence, such as something structural falling and hitting someone. It also covers anything someone 13 years of age or younger does. Dog bites fall under this type of insurance as well, if if the dog does not have a history of being violent. Natural disasters are covered such as if a wind-blown tree knocks into a car.

Unfortunately, some things are not covered. A family member who lives on the property cannot sue as they already are members of that family and not considered guests.

Coverage does not include transmission of communicable diseases or intentional acts of injury or damage. Lastly, if you are a business owner, such as a child care center operator, and you work out of your home, you will need separate insurance for the business. Regular home owner’s insurance does not cover those who are considered clients.

Regardless of whether a homeowner has this type of insurance, anyone who is injured due to negligence is entitled to compensation. If you or a family member has been injured, consider contacting a Texas accident lawyer who is knowledgeable in liability coverage and help you protect your assets.