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How Can a Pedestrian Remain Safe on the Road?

According to the Texas Department of Transportation, there are certain steps a pedestrian can take to minimize the risk of an accident. To protect themselves and other motorists, a pedestrian should:

• Always use available sidewalks. When no sidewalk is available, walk on the left side of the road, facing the flow of traffic.
• Always use available crosswalks.
• Yield to oncoming vehicles.
• Do not assume that traffic will stop.
• Make eye contact with drivers before crossing to ensure you have been seen.
• Walk on the right side of a crosswalk so others may pass on the left.
• Look both ways before exiting a bus.
• Be aware of parked cars or other obstacles that may impede the view of traffic.
• When possible, exit a vehicle on the curbside of the street.

What Should be Done Immediately Following a Pedestrian Accident?

If you are injured as a pedestrian in Texas, there are certain steps you should take to ensure the best results for any possible claim you may wish to file. The best way to protect yourself is to:

• Seek medical attention. You may not immediately feel an injury that results from a collision. Some injuries may take hours or days to present themselves. A medical examination will address any sustained injury and serve as a formal report of the accident.
• Call 911. Regardless of injury, police officers should be called and notified of the accident. A police report serves as another vital record of the event.
• Exchange contact information. If able, gather the name, address, and phone number of the driver, as well as the names and phone numbers of any eyewitnesses to the accident.
• Gather evidence. If able, take pictures of the accident scene, including road conditions, street signs, vehicle damage, and personal injury.
• Consult with an attorney. Legal representation is a high priority following any type of accident. Call a personal injury lawyer at The Kahn Law Firm, P.C.

Do Texas Pedestrians Always Have the Right of Way?

In Texas, a pedestrian must obey all official traffic control devices unless an officer is present and is overruling the traffic control device. Additional laws include:

• A pedestrian cannot stand in a roadway for ride solicitation, contribution, employment, or business from a vehicle’s occupant.
• Vehicles are required to yield to pedestrians crossing at a designated crosswalk unless there is a controlling traffic signal.
• A pedestrian cannot suddenly leave a curb or other place of safety to enter a crosswalk in the path of a vehicle when the driver cannot yield.
• A pedestrian can only cross two adjacent intersections if they are within a marked crosswalk.
• A pedestrian cannot walk alongside or on a roadway if there is a provided sidewalk that is accessible to the pedestrian.

What are Common Causes of Pedestrian Accidents?

While there are many possible reasons for a traffic accident to occur, accidents involving pedestrians are usually the result of cellphone use, either by the driver or the pedestrian. Other causes of accidents include:

• Failure to grant the right of way to a pedestrian
• Driving while distracted
• Ignoring traffic signals and rules
• Driving while under the influence of drugs or alcohol
• Walking while under the influence of drugs or alcohol
• Drowsy driving
• Speeding
• Unsafe or illegal turns

What Injuries are Commonly Seen in Pedestrian Accidents?

When a pedestrian is struck by a vehicle, the sustained injuries are usually significant. Some of the most common injuries are:

• Brain injuries
• Broken bones
• Crush injuries
• Internal injuries
• Loss of limbs
• Scrapes, lacerations, and road rash
• Spinal cord injuries or paralysis
• Wrongful death

How is Fault Determined in a Pedestrian Accident?

To establish that a driver was responsible for an accident, the pedestrian must show negligence. Negligence is a legal theory based on carelessness or recklessness and relies on the establishment of four distinct elements:

• Duty of care. The driver owed the pedestrian an expectation of reasonable safety.
• Breach of duty. The driver did not uphold this expectation of safety.
• Causation. The driver’s breach of duty is directly responsible for the resulting injuries.
• Damages. This is the monetary amount of compensation sought based on the sustained injuries.

Modified Comparative Fault

The State of Texas uses a system of modified comparative fault that allows multiple parties to share responsibility for an accident. This means that a pedestrian can be partially responsible for the accident and still receive compensation for injuries. However, the amount of compensation will be reduced based on the pedestrian’s percentage of fault.

For example, if a pedestrian is found to be 25% at fault for an accident and is awarded $100,000, then he or she would receive $75,000.

Furthermore, if a pedestrian is found to be 50% or more at fault for the accident, then they will not be able to collect any compensation.

When is a Pedestrian at Fault for an Accident?

There are certain situations when a pedestrian is entirely responsible for an accident, such as:

• Ignoring a “Do Not Walk” signal
• Walking on a bridge, highway, or byway where a pedestrian is not allowed
• Walking into traffic while intoxicated
• Darting into traffic
• Jaywalking or walking outside of a crosswalk

How Long Do I Have to File a Claim?

The statute of limitations for a personal injury case, in most cases, is two years from the date of the injury. Claims filed outside of this timeframe may be barred.

Do I Need an Attorney?

If you have been injured as a pedestrian, you need legal representation you can count on. Call The Kahn Law Firm, P.C. today at 713-999-6549 or fill out a contact form for a free consultation.

New Texas Law on School Vaping: What Students and Parents Need to Know

Vaping has become a widespread concern in schools across the United States, prompting lawmakers to take action to curb its prevalence among teenagers. In Texas, a new law has been introduced to address this issue by enforcing mandatory punishments for students caught vaping on school premises or at a school-sponsored event. This law aims to deter students from vaping by implementing stricter consequences.

The Rise of Vaping Among Teenagers

Vaping is the act of inhaling vapor produced by an electronic cigarette or similar device. It has gained immense popularity among teenagers over the past decade. This trend is alarming due to the health risks associated with vaping, including nicotine addiction, lung damage, and other long-term health effects. The appealing flavors and discreet nature of vaping devices have made them particularly attractive to young people, leading to a significant increase in usage among middle and high school students.

The Centers for Disease Control and Prevention (CDC) reports that approximately 20% of high school students reported using e-cigarettes in 2020. The ease of access to vaping products, combined with targeted marketing towards younger audiences, has exacerbated this issue. In response, schools and lawmakers have been seeking effective strategies to combat the rising trend of vaping among students.

Introduction of the New Texas Law

To address the growing problem of vaping in schools, Texas has implemented a new law that mandates specific punishment for students caught using vaping devices on school property or at school activities. The law, which went into effect on September 1, 2023, is part of an initiative to protect the health and well-being of students.

Under this law, students found vaping on school premises or at an off-campus school activity will face mandatory disciplinary action. Previously, the penalties for vaping were left to the district’s discretion, but this legislation takes away individual district control and applies a uniform punishment. The law applies to all public schools in Texas, ensuring a consistent approach to handling vaping incidents across the state. Students should be aware of these stricter consequences and make healthier choices while on school premises.

Key Provisions of the Law

The Texas law outlines several key provisions aimed at curbing vaping in schools.

1. House Bill 114 implements a one-strike policy for students. Students caught vaping within 300 feet of school property or on school property will face mandatory transfer to the school district’s Disciplinary Alternative Education Program (DAEP).
2. The bill applies not only to school premises but also to any school-sponsored or school-related activity, whether on or off school property.
3. Students caught selling or under the influence of vape pens or e-cigarettes fall under the provisions of the new bill. 
4. In addition, schools may have students participate in a tobacco education or cessation program as part of the disciplinary program. These programs are not required under the law. They are designed to educate students about the dangers of vaping and provide them with the tools and support needed to quit.
5. If the school’s DAEP is full, the student can be placed in in-school suspension until space is available to transfer them to the program.

Implications for Students and Parents

The new Texas law has significant implications for students and parents, highlighting the importance of understanding the consequences of vaping and the steps that can be taken to prevent it.

For Students

The mandatory punishments outlined in the law serve as a deterrent for students who might consider vaping on school property. The threat of transfer to another school and participation in cessation programs is intended to discourage vaping and encourage students to make healthier choices.

For Parents

Parents play a crucial role in addressing vaping among teenagers. The importance of parental involvement in cessation efforts is recognized, and open communication between parents and children about the risks of vaping is encouraged. Parents are urged to educate themselves about vaping and its effects to better support their children in making informed decisions.

The Role of Schools in Implementing the Law

Schools play a vital role in enforcing the new law and creating a safe and healthy student environment. This involves implementing preventive measures, educating students about the risks of vaping, and fostering a supportive environment for those seeking to quit.

Schools may organize educational programs and workshops to raise awareness about the dangers of vaping. By providing students with accurate information and real-life testimonials, schools can help dispel myths and misconceptions about vaping.

Schools might establish support systems for students struggling with nicotine addiction. This can include counseling services, peer support groups, and resources that promote a healthy lifestyle.

Schools can collaborate with parents, community organizations, and healthcare professionals to create programs to prevent student vaping. This includes sharing resources, organizing community events, and promoting healthy alternatives to vaping.

The Broader Impact of the Law

The introduction of mandatory punishments for vaping in Texas schools reflects a growing recognition of the need to address the vaping epidemic among teenagers. By implementing stricter consequences and promoting education and awareness, the law aims to create a cultural shift away from vaping and towards healthier choices.

Reducing vaping among teenagers has significant public health benefits, including decreased rates of nicotine addiction and improved overall health outcomes. By addressing vaping early, the law seeks to prevent long-term health issues associated with nicotine use.

Facing School Vaping Penalties? Seek Legal Help.

Are you or your child facing disciplinary action for vaping in school under the new Texas law? Don’t navigate this challenging situation alone. The Kahn Law Firm, P.C. is here to support you. Don’t let a vaping incident derail your child’s education and future. Contact our team at 713-999-6549 for a free consultation.

Differences between Birth Injury Lawsuits and Other Medical Malpractice Cases

Medical malpractice claims encompass many issues, from misdiagnoses and surgical errors to prescription mistakes. Birth injury litigation is unique due to its complexity. Understanding how birth injury litigation differs from other types of medical malpractice claims can reveal the distinctions of these cases.

Nature of Birth Injury Claims

Birth injury litigation involves claims that arise from injuries sustained by a baby during labor and delivery. These injuries can result from factors including medical negligence, failure to monitor the baby’s condition, improper use of delivery tools, or inadequate response to complications. The focus of birth injuries is on the harm caused to the newborn, which can have lifelong consequences.

Other types of medical malpractice claims might involve errors that occur at any stage of treatment, from diagnosis to post-operative care. For example, a misdiagnosed condition, an error in surgical technique, or a medication mix-up falls under general medical malpractice but does not involve the unique aspect of childbirth.

Legal Standards and Burdens of Proof

Legal requirements for proving birth injury claims are often more stringent because the injury must be the direct result of medical negligence. In general, medical malpractice cases must prove that the healthcare provider deviated from the standard of care and that this deviation caused harm.

Proving negligence can be particularly challenging in birth injury cases. It must be established that the healthcare provider’s actions were not just below the standard of care but that the failures led to the baby’s injury. This often requires expert testimony from specialists in obstetrics and neonatology who can detail how the alleged negligence deviated from accepted practices and led to the injury.

Emotional and Psychological Impact

Birth injury cases often involve intense emotions. The injury affects the newborn and the parents, who face the challenge of raising a child with potentially severe and lifelong disabilities. The emotional toll can be substantial and is a critical consideration in birth injury litigation.

Other medical malpractice cases, while they can also be emotionally taxing, might not always involve the same level of personal and family impact as birth injury claims. For instance, a misdiagnosed condition in an adult may affect the patient’s quality of life. But, the case may not carry the same emotional weight as an injury sustained at birth that affects a child’s future.

Types of Injuries and Long-Term Consequences

The types of injuries in birth injury litigation can vary widely.

Cerebral Palsy

Cerebral palsy is a group of neurological disorders that affects movement and muscle tone. It is caused by damage to the brain before or during birth.

Brachial Plexus Injury

This injury includes damage to the network of nerves controlling the arm and hand, often caused by shoulder dystocia during delivery.

Fractures and Head Injuries

Broken bones or head trauma can occur during the delivery process. These injuries often require extensive medical treatment, therapy, and possibly long-term care. The long-term nature of these consequences means that birth injury litigation often involves seeking compensation for immediate medical expenses but also for future care needs, potential loss of earning capacity, and pain and suffering.

In comparison, other medical malpractice claims might involve injuries with varying degrees of long-term impact. They don’t typically involve the same level of ongoing care or developmental issues as those seen in birth injury cases.

Duration and Complexity of Litigation

Birth injury lawsuits can be more complex and lengthier than other types of medical malpractice cases. The complexity arises from the need to establish that the alleged negligence resulted in the injury. The litigation process can be prolonged due to the need to predict future care needs and the potential for ongoing negotiations over settlement amounts. This can make birth injury cases more resource-intensive and time-consuming compared to other medical malpractice claims, which might focus on more immediate damages and less complex causation issues.

Financial Considerations and Settlements

Settlements in birth injury cases often involve larger sums due to the anticipated long-term costs associated with the injury. Compensation may cover a wide range of expenses, including immediate and ongoing medical care that includes surgeries, therapies, and specialized treatments; special education services and accommodations; and costs related to in-home care or long-term care facilities.

Other medical malpractice cases also involve financial compensation but might require a different scale of long-term financial planning. For example, a claim involving a misdiagnosed condition may focus on current medical costs and lost wages without the same emphasis on future care and ongoing support.

Role of Expert Witnesses

Expert witnesses play a crucial role in both birth injury and general medical malpractice cases. However, birth injury litigation often requires testimony from specialists with expertise in obstetrics, neonatology, and pediatric care. These experts can help establish how the standard of care was breached during labor and delivery and how this breach led to the injury.

In other medical malpractice claims, expert testimony might come from a range of specialists depending on the nature of the case. The focus is generally on how the standard of care was not met in a specific context rather than in the unique setting of childbirth.

Are You or a Loved One a Victim of Medical Malpractice? The Kahn Law Firm, P.C. Is Here to Help.

If you’re facing a birth injury claim or another form of medical malpractice, seeking help from The Kahn Law Firm, P.C. can ensure that your case is handled with the knowledge and sensitivity it deserves. We specialize in all medical malpractice cases and are ready to work to get the compensation you deserve. Call us at 713-999-6549 for a free consultation.

Medical Documentation in Car Accident Claims

Car accidents can be distressing and life-altering events, often leaving victims with physical injuries, emotional scars, and financial burdens. In Texas, car accident claims can be complicated and aided by an understanding of the legal process, especially regarding medical documentation. This documentation is critical in establishing the extent of injuries, supporting insurance claims, and ensuring fair compensation. Medical documentation is vital in Texas car accident claims and can substantially impact the outcome of your case.

Establishing a Connection Between the Accident and Injuries

One of the most crucial aspects of a car accident claim is proving that the injuries sustained directly resulted from the accident. Medical documentation is tangible evidence linking your injuries to the accident, making it difficult for insurance companies to dispute your claim. This connection is essential for receiving compensation for medical expenses, lost wages, and pain and suffering.

Immediate Medical Attention

After a car accident, seeking immediate medical attention is paramount, even if you feel fine. Some injuries, like whiplash or concussions, may not manifest symptoms right away. A medical provider can identify these injuries and begin treatment promptly. Additionally, your initial medical evaluation records can establish a timeline that connects your injuries directly to the accident.

Detailed Medical Records

Detailed and accurate medical records are vital. These should include emergency room visits, doctor consultations, diagnostic tests (such as X-rays, MRIs, or CT scans), treatment plans, and follow-up appointments. Comprehensive records provide a clear picture of the injuries and the medical care required

Documenting the Severity and Impact of Injuries

The extent of your injuries and how they affect your daily life will significantly influence the compensation you receive. Medical documentation not only records the physical impact of the injuries but also demonstrates the emotional and psychological effects.

Treatment Plans and Recovery Process

Documenting the treatment plans prescribed by healthcare providers is crucial. This includes medications, surgeries, physical therapy, and rehabilitation. Detailed notes on your recovery process, including improvements or setbacks, offer insight into the long-term effects of your injuries.

Pain and Suffering

Medical documentation can also support claims for pain and suffering, which are non-economic damages. Physician notes, mental health evaluations, and personal journals documenting your physical and emotional challenges can help substantiate your claims.

Supporting Insurance Claims

Insurance companies often scrutinize car accident claims to minimize payouts. Medical documentation is a robust defense against attempts to downplay the severity of your injuries or question their legitimacy.

Consistency in Records

Consistency in your medical records is crucial. Any discrepancies or gaps in treatment can raise red flags with insurance adjusters. Ensure that all healthcare providers have accurate and up-to-date information about your injuries and treatment.

Expert Testimonies

In some cases, medical experts may be required to provide testimony or reports that explain the nature of your injuries and the expected impact on your life. These expert opinions can be pivotal in strengthening your case and persuading insurance companies to offer fair settlements.

Facilitating Legal Proceedings

Medical documentation becomes even more critical if your car accident claim escalates to a lawsuit. Courts rely heavily on documented evidence to assess the validity of claims and determine compensation.

Medical Reports as Evidence

Medical reports serve as concrete evidence in court proceedings. They provide an objective account of your injuries and treatment, which can counter opposing arguments and support your case.

Depositions and Testimonies

Medical professionals involved in your treatment may be called upon to provide depositions or testimonies. Their expert insights can help clarify the nature and extent of your injuries to the court.

Ensuring Fair Compensation

Pursuing a car accident claim aims to receive compensation for your losses. Comprehensive medical documentation is instrumental in achieving this goal.

Calculating Damages

Accurate medical records help calculate the economic damages you’ve incurred, including medical bills, rehabilitation costs, and lost wages. They also help determine non-economic damages like pain and suffering.

Negotiating Settlements

Having well-documented medical evidence strengthens your position when negotiating with insurance companies or other parties. It allows your attorney to present a compelling case for the compensation you deserve.

Tips for Maintaining Accurate Medical Documentation

To maximize the impact of your medical documentation in a car accident claim, consider the following tips:

1. Seek Prompt Medical Attention: Visit a healthcare professional immediately after the accident, even if your injuries seem minor.
2. Be Honest and Thorough: Provide complete and accurate information about your symptoms and medical history to healthcare providers.
3. Follow Medical Advice: Adhere to prescribed treatment plans and attend all follow-up appointments to demonstrate a consistent record of care.
4. Keep Personal Records: Maintain a personal journal detailing your symptoms, pain levels, and how your injuries affect your daily life.
5. Request Copies of Medical Records: Regularly obtain copies of your medical records and review them for accuracy.
6. Communicate with Your Attorney: Share all medical documentation with your attorney to ensure they have a comprehensive understanding of your case.

Receive Personal Attention for Your Car Accident Claim and Get the Compensation You Deserve!

If you’ve been injured in a car accident, navigating the legal and insurance complexities can be overwhelming. Don’t face it alone. As a small firm, The Kahn Law Firm, P.C. takes pride in providing personal attention to each client. You’re not just a number to us—we take the time to understand your unique situation and tailor our approach to meet your needs. Let us advocate for you by negotiating with insurance companies to ensure you receive the compensation you deserve. Call 713-999-6549 for a free consultation. We’ll take care of the legal challenges so you can focus on healing.

How Does Texas Law Deal With Multi-Vehicle Traffic Accidents?

Traffic crashes happen every day in the Houston area, but when three or more vehicles are involved, questions about liability and damages quickly get complicated. If you’re injured in a multi-vehicle crash, promptly contact a Brazoria County personal injury lawyer.

Multi-vehicle collisions are usually calamitous for all who are involved. These accidents often cause catastrophic injuries and/or permanent disabilities and lead to complex injury claims, costly property damages, and in the worst cases, wrongful deaths and wrongful death lawsuits.

How does Texas law deal with multi-vehicle traffic accidents? Will the injured victims qualify to recover compensation? If you’re one of those victims, how will a Brazoria County car accident attorney handle your personal injury claim after a multi-vehicle accident?

What Constitutes a Multi-Vehicle Accident?

Multi-vehicle accidents are traffic accidents that involve at least three vehicles, at least three drivers, and usually three or more automobile insurance companies. If passengers were in the vehicles, or if a commercial vehicle was involved, there will be additional legal complications.

Often, these accidents are chain-reaction collisions – a series of rear-end crashes in poor weather conditions. Of course, each multi-vehicle accident is unique, so the details of each accident must be thoroughly investigated to determine what happened and which party or parties have liability.

How is Liability Determined for a Multi-Vehicle Accident?

An accident reconstruction expert may use math, physics, and computers to reconstruct a moment-by-moment description of what happened in the seconds before a multiple-vehicle accident – a description that, in most cases, indicates which driver should be assigned liability.

After a multiple-vehicle collision, the following questions are a few that should be explored:

1. Were any of the motorists unlicensed or driving while intoxicated?
2. Did bad weather or poor road conditions have any role in causing the collision?
3. Was the cause of the collision a defective vehicle or defective vehicle part?

What Should You Do After a Multi-Vehicle Accident?

If you’re injured as the result of a multi-vehicle accident in Texas, there will not be a Brazoria County car accident attorney on the scene to advise you, but taking the following steps will put you in the best position to succeed with a personal injury claim:

1. Call for medical assistance immediately if anyone has been injured.
2. Call the local police so that the accident will be properly investigated.
3. When the police arrive, ask the officers how to obtain a copy of their accident report.
4. Swap auto insurance and personal contact details with the other drivers.
5. Take plenty of photos, and ask for the names and contact details of any eyewitnesses.
6. Undergo a medical exam – even if you feel fine – as quickly as possible.

A Brazoria County personal injury lawyer can offer you legal advice – later – but in the first moments after a multi-vehicle collision, you must concentrate on gathering the evidence you’ll need if you subsequently bring a personal injury claim.

How Are Multi-Vehicle Accident Injury Claims Resolved?

Texas is an “at fault” state for car insurance. The driver who is responsible for a crash is liable for the damages. If you’re injured in a multi-vehicle accident, your attorney will negotiate with the liable driver’s insurance company for the settlement that you’re entitled to by law.

Personal injury claims arising from car accidents in Texas are typically resolved when the attorneys for the defendant and the plaintiff negotiate a settlement outside of the courtroom, but multi-vehicle accident cases may take more time and effort to resolve.

For instance, more compensation may be available if a large commercial truck was involved, and a trucking, leasing, or freight company may be assigned liability. If liability is disputed, or if you’re not offered a reasonable settlement amount, your lawyer will take your case to court.

When Should You Seek to Retain an Attorney?

If you are injured in a multi-vehicle crash in or near Houston, you must be advised and represented by a Houston-area auto accident attorney who represents clients in the most complicated personal injury cases.

As soon as you’ve been examined and treated by a medical provider, schedule a consultation to speak with an accident attorney. That attorney will discuss your rights and options and suggest the best way to move forward, which may include pursuing a personal injury claim.

Your first consultation with a Texas injury lawyer is offered without obligation or cost. If you proceed with legal action, you will pay no lawyer’s fee until and unless your lawyer recovers the compensation you need with a trial verdict or an out-of-court settlement.

Is There a Statute of Limitations for Filing Injury Claims?

The statute of limitations for filing a personal injury claim in Texas is two years. While there are several narrow exceptions to the deadline, if you do not take legal action within two years of the date of a multi-vehicle accident, your claim probably will not be heard by a Texas court.

But don’t wait two years to contact an attorney. In fact, don’t even wait two weeks. Evidence disappears or deteriorates over time. Witnesses forget details. Your attorney needs to meet with the witnesses before their memories fade and examine the evidence while it’s still fresh.

When a negligent driver injures you in Texas, you are entitled to compensation for your lost wages and your projected future lost wages, your current and projected future medical bills, your personal suffering and pain, and your related damages and losses.

Let the Kahn Law Firm Fight on Your Behalf

The Kahn Law Firm routinely fights on behalf of traffic crash victims who’ve been injured by negligent motorists in the greater Houston area. We are a husband and wife law team with twenty years of legal experience.

If you’ve been injured in a multi-vehicle traffic accident because another motorist was negligent, call us to arrange a free consultation. If the Kahn Law Firm represents you, you’ll owe no lawyer’s fee in advance and no lawyer’s fee unless and until we obtain your compensation.

We will handle your case with urgency and care, we will return your phone calls promptly, and we will work tirelessly and effectively to bring your case to its best possible conclusion. To learn more or to begin the legal process now, contact the Kahn Law Firm by calling 713-999-6549
.

What Are My Legal Rights as a Rideshare Passenger?

As a rideshare passenger in Texas, you have the right to a safe and secure journey. If you experience an accident while using a rideshare service like Uber or Lyft, you can seek compensation for any injuries or damages.

Texas law stipulates that rideshare companies must carry a $1 million liability insurance policy. This policy is designed to cover damages in the event of an accident. However, this policy only kicks in under certain conditions. For instance, if the rideshare driver is not logged into the app or does not have a passenger, the company’s insurance may not cover the accident.

Consider a scenario where a rideshare passenger, Sarah, was traveling through Dallas when her driver, distracted by an incoming message, ran a red light and collided with another vehicle. Despite wearing her seatbelt, Sarah sustained significant injuries. Under Texas law, Sarah can claim compensation not only for her medical costs but also for the psychological impact and the disruption to her career, as the driver’s negligence directly led to the accident.

What Should I Do if I Am Injured in a Rideshare Accident?

If you get hurt in a rideshare accident, your top priority should be to get medical help. Even if your injuries seem minor, it’s crucial to get checked out by a healthcare professional. Some injuries may not be immediately apparent and could worsen over time if left untreated.

Next, report the accident to the rideshare company through their app. This is an important step in establishing a record of the incident. Also, gather as much information as you can about the accident. This includes the driver’s name, vehicle information, and any witness statements. If possible, take photos of the accident scene and your injuries.

Lastly, reach out to a seasoned lawyer who focuses on rideshare accident cases. They can assist you through the intricate procedure of pursuing compensation and safeguard your rights.

Imagine Bob, a passenger in a rideshare, who suffers whiplash and a broken wrist in an accident caused by his driver’s fatigue. Bob immediately contacts a personal injury attorney, who advises him to keep a detailed journal of his medical treatments and the impact on his daily life. This documentation helps establish a comprehensive claim, encompassing both the immediate medical costs and ongoing physiotherapy, ensuring Bpb receives adequate compensation to cover all his rehabilitation needs.

How Can I Prove Fault in a Rideshare Accident?

Proving fault can be complex in a rideshare accident. In Texas, the law operates under a “modified comparative fault” system. Your compensation could be decreased if it is determined that you are partly responsible for the accident.

Evidence is essential in determining fault. This may involve police reports, witness testimonies, photographs of the accident site, and any accessible video recordings. A skilled attorney can assist in collecting and examining this evidence to construct a robust case for you.

As mentioned earlier, Texas operates under a “modified comparative fault” system. If it is determined that you are partly responsible for the accident, your compensation could be decreased by the proportion of your fault. For example, if you are deemed to be 20% at fault, your compensation would be reduced by that same percentage.

Even if you bear some responsibility, you can still pursue compensation. A knowledgeable lawyer can explain how this system operates and its potential effects on your claim.

What Compensation Can I Expect?

The compensation you can expect after a rideshare accident depends on several factors, including the extent of your medical bills, the severity of your injuries, and whether you’ve lost income due to the accident.

In Texas, you may be entitled to compensation for:

• Medical expenses: This covers both present and anticipated medical costs associated with your injuries.
• Lost wages: Compensation may be available for income lost if your injuries prevent you from working.
• Pain and suffering: This encompasses the physical and emotional anguish resulting from the accident.
• Property damage: You may receive compensation if your personal items were damaged in the accident.

How Can an Attorney Help Me After a Rideshare Accident?

Dealing with the consequences of a rideshare accident can be daunting.
An experienced attorney can provide invaluable assistance during this challenging time. They can assist you in understanding your rights, collecting evidence, negotiating with insurance firms, and representing you in court if needed.

An attorney can also help you navigate the complexities of rideshare insurance policies. These policies can be confusing, and insurance companies often try to minimize payouts.

Time is of the essence after a rideshare accident. In Texas, personal injury claims are subject to a two-year statute of limitations. This indicates that you have two years from the accident date to initiate a lawsuit. An attorney can assist in making sure you adhere to all necessary deadlines.

If you have been involved in a rideshare accident, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation.

How Does Texas Determine Fault in Multi-Truck Collisions?

In Texas, determining fault in multi-truck collisions is a complex process. It involves a thorough investigation of the accident scene, examination of the vehicles involved, and analysis of any available video footage or witness statements. The state follows a “proportional comparative fault” system, which means that each party involved in the accident can be assigned a percentage of fault.

How Does Texas Law Define ‘Proportional Comparative Fault’?

The “proportional comparative fault” system is particularly important in multi-truck collisions, where multiple factors like speed, adherence to traffic signals, and compliance with safety regulations play into determining fault. For instance, if a truck driver was speeding and another was improperly loaded, both might be found liable, with damages apportioned according to their percentage of fault.

The analysis often extends to reviewing dashcam footage, GPS data, and electronic logging devices, which provide crucial information on driver behavior and vehicle movement before the collision. Witness statements form an essential part of the evidence, offering perspectives that may not be captured by cameras or sensors.

Legal skill is vital in these cases as attorneys for the involved parties might negotiate based on the evidence gathered to determine the proportion of fault. In scenarios where fault is contested, these cases can escalate to court, where a judge or jury will evaluate the evidence to assign fault percentages.

What Role Does Negligence Play in Multi-Truck Collisions?

To prove negligence in a multi-truck collision, it is necessary to establish four key elements:

1. Duty: In the context of truck driving, the “duty of care” is typically straightforward to establish, as drivers have a legal obligation to operate their vehicles safely to avoid harming others on the road.
2. Breach: Once duty is established, the plaintiff must demonstrate that the defendant breached this duty. This could involve showing that the driver violated traffic laws, such as by speeding, failing to signal, or operating the vehicle while fatigued or under the influence. It might also involve proving a failure to maintain the truck properly, such as neglecting necessary repairs or ignoring required inspections.
3. Causation: The plaintiff must then prove causation, showing that the accident and the plaintiff’s injuries were directly caused by the defendant’s breach of duty. This often involves complex reconstructions of the accident to demonstrate how the actions or inactions of the driver were directly responsible for the collision. The involvement of multiple trucks can complicate this step, as it may be challenging to pinpoint which actions led to the accident.
4. Damages: Finally, the plaintiff must prove that they suffered actual damages due to the accident. This can include physical injuries, property damage, lost wages, and other economic losses. Non-economic damages, such as pain and suffering, may also be considered.

What Are the Steps Involved in a Multi-Truck Collision Investigation?

Investigating a multi-truck collision is a meticulous and structured process, requiring attention to detail and skill in various fields. Initially, law enforcement and accident reconstruction specialists arrive at the scene to secure and document it. This includes a thorough examination of the vehicle positions, skid marks, debris, and any environmental factors that could have contributed to the incident.

Photographs and measurements are taken extensively to create a detailed map of the scene. These visual and physical records are crucial for reconstructing the event during later analyses. Investigators collect any relevant items from the scene, such as parts of the truck that may have failed or objects that might have obstructed the drivers’ views.

Following the onsite investigation, the next step involves interviewing witnesses and involved drivers to gather firsthand accounts of the accident. These testimonies can provide insights into the behavior of the drivers before the collision and other circumstantial details not evident from the physical evidence alone.

Investigators may utilize advanced technology such as drone footage or 3D scanning to capture the accident scene from different angles, providing a comprehensive view that helps in understanding the dynamics of the collision.

The vehicles involved are inspected for mechanical issues that could have played a role in the accident, such as brake failure or tire blowouts. Data from electronic logging devices (ELDs), which record vehicle speed and driver hours, are also examined to check for compliance with regulations and to see if fatigue could have been a factor.

Each piece of gathered information contributes to an understanding of the collision, aiding in determining liability and understanding what preventive measures could be taken to avoid future accidents. This detailed investigation not only helps in legal assessments and insurance claims but also plays a critical role in improving road safety standards and trucking regulations.

What Are the Common Causes of Multi-Truck Collisions?

Multi-truck collisions can occur due to a variety of reasons. Some of the most common causes include driver fatigue, distracted driving, speeding, improper loading, and mechanical failures.

What Happens if a Mechanical Failure Caused the Multi-Truck Collision?

If a mechanical failure caused the multi-truck collision, the trucking company or the manufacturer of the faulty part may be held liable. Trucking companies are required to regularly inspect and maintain their vehicles to ensure they are safe to operate. If they fail to do this and a mechanical failure causes an accident, they can be held responsible.

How Can an Attorney Help Me After a Multi-Truck Collision?

An experienced attorney can provide invaluable assistance after a multi-truck collision. They can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.

What Role Do Insurance Companies Play in Multi-Truck Collisions?

Insurance companies play a significant role in multi-truck collisions. After an accident, you will likely need to deal with one or more insurance companies to recover damages for your injuries and property damage.

If you have been involved in a multi-truck collision, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation

What Should I Know About Product Liability Claims?

Product liability claims involve a complex area of law that seeks to hold manufacturers, distributors, suppliers, retailers, or other entities responsible for any injuries caused by their products. In Texas, as in other states, these claims are typically based on three theories: negligence, strict liability, and breach of warranty.

Negligence in Product Liability

Negligence refers to a situation where a company fails to the “reasonable care” standard in the design, manufacture, or inspection of a product, leading to a consumer’s injury. For instance, if a company fails to properly test a toaster and it causes a house fire, they could be held liable for negligence.

Strict Liability in Product Liability

Strict liability, on the other hand, does not require proof of negligence. Instead, it focuses on the product itself. If the product is inherently dangerous or defective and results in injury, the manufacturer may be held responsible, even if there was no negligence on their part. For example, if a child’s toy breaks easily into small, swallowable pieces, the manufacturer could be held strictly liable if a child chokes on a piece.

Breach of Warranty in Product Liability

Breach of warranty involves a situation where a product fails to perform as advertised or promised, leading to injury. This can be either an express warranty (a specific promise made by the seller about the product) or an implied warranty (an unspoken, unwritten guarantee that the product will work as expected).

What Steps Should I Take if a Defective Product Injures Me?

If you’ve been injured by a defective product, take immediate steps to protect your rights and potential claim. First, seek medical attention for your injuries. Not only is this important for your health, but medical records also provide crucial evidence in a product liability claim.

Preserving the Product and Evidence

Next, safeguard the product and any packaging, instructions, or receipts. These can serve as evidence of your purchase and the product’s condition. If possible, take photographs of the product and your injuries.

Documenting the Incident

Document everything related to your injury, including when and where the incident occurred, how the product was used, and any witnesses. This information can be very valuable when building your case.

Consulting with an Attorney

Finally, consult with an experienced attorney. Product liability claims can be complex, and an attorney can guide you through the process, ensuring you understand your rights and options.

What Are the Types of Defects That Can Lead to a Product Liability Claim?

In Texas, there are three main types of defects that can lead to a product liability claim: design defects, manufacturing defects, and marketing defects.

Design Defects

Design defects are inherent flaws in a product’s design that make it unsafe. For example, a car model that has a tendency to roll over during sharp turns would be considered to have a design defect.

Manufacturing Defects

Manufacturing defects occur during the production process. These defects are not part of the product’s design but are mistakes or errors that occur during assembly or production. For instance, a bicycle with a faulty brake system due to improper assembly would be an example of a manufacturing defect.

Marketing Defects

Marketing defects, which can also be known as “failure to warn,” involve inadequate instructions or warnings about a product’s use. If a power tool is sold without proper safety instructions, leading to an injury, this could be considered a marketing defect.

What Are the Time Limits for Filing a Product Liability Claim in Texas?

In Texas, you have a two-year window to file a product liability claim, starting from the date of the injury. However, there are exceptions to this rule. If the injury wasn’t immediately apparent, the time limit may begin from the date the injury was discovered or reasonably should have been discovered.

Statute of Repose in Texas

There’s also a statute of repose, which sets an absolute deadline for product liability claims, regardless of when the injury was discovered. In Texas, this deadline is 15 years from the date the product was sold. This means that if a product has been in use for more than 15 years, you may not be able to file a product liability claim, even if you were recently injured.

What Compensation Can I Anticipate from a Product Liability Claim?

The compensation you might receive from a product liability claim in Texas hinges on the details of your case, such as the severity of your injuries and the degree of the manufacturer’s negligence or liability. Potential damages you could recover include:

Medical Expenses

This encompasses both past and future medical costs associated with your injury, including hospital bills, medication, physical therapy, and any required surgeries.

Lost Wages

If your injury has led to missed work or impacted your earning capacity, you may be eligible for compensation for these financial losses.

Pain and Suffering

This covers the physical pain and emotional distress resulting from your injury, as well as compensation for any permanent disability or disfigurement.

Property Damage

If the defective product caused damage to your property, such as a house fire caused by a faulty appliance, you could be compensated for the repair or replacement costs.

How Can an Attorney Help with My Product Liability Claim?

A seasoned attorney can be an invaluable partner in a product liability case. They assist in navigating the intricacies of Texas law, collecting evidence, and constructing a robust case. They can also negotiate with insurance companies and manufacturers for you, striving to obtain the compensation you are entitled to.

Additionally, your attorney can help identify the responsible parties, whether it’s the manufacturer, distributor, or retailer, and establish the theory of liability, whether it’s negligence, strict liability, or breach of warranty.

Your lawyer will manage all interactions with the other parties, making sure you avoid saying or doing anything that might jeopardize your case. If necessary, they can take your case to court, advocating for you every step of the way.

If you’ve been injured by a defective product, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation.

What Laws Protect Bicyclists?

For the most part, bicycles in the State of Texas are considered vehicles and are subject to most of the same traffic laws. Important information regarding the rules for bicyclists can be found in the Texas Transportation Code, and includes:

• Bicyclists are required to ride on the right side of the road as close to the curb as possible, except when they are passing a vehicle or turning left
• Bicyclists can not ride on the sidewalk
• Bicyclists are required to use arm signals when turning
• Bicyclists are required to have a white light on the front of their bicycle and a red reflector or light on the rear of their bicycle when riding at night
• Passengers are limited to the amount that the bicycle was designed to carry
• Cargo is limited to objects that allow the operator to keep one hand on the handlebars at all times

What Should You Do After a Bicycle Accident?

Following a bicycle accident, the most important step is also the hardest: remaining calm. The following information will help ensure safety and are important steps necessary for a successful bicycle accident claim:

• Call 911: Call the police and request medical attention as needed. 
• Remain at the scene of the accident: Wait for the police to arrive so that they can include all necessary information in a police report that will help any resulting claim.
• Take pictures: Take pictures of the scene, including the position and condition of the bicycle, the other vehicle, any road signs, etc.
• Document contact information: Get the contact information of the driver involved in the accident, including name, address, phone number, license plate number, and insurance information. Get the contact information of any eyewitnesses including name, address, and phone number.
• Seek medical attention: Medical clearance is needed following a bicycle accident to ensure that a serious injury is not present that is not immediately apparent, such as internal bleeding or a concussion.

How is Liability Determined After a Bicycle Accident?

Liability is determined based on the legal theory of negligence. To establish negligence, the injured party is responsible for proving the following elements:

• Duty of care: The injured party was owed a reasonable expectation of safety from the other driver. This is easily proven, as all drivers possess the inherent responsibility to maintain safety.
• Breach of duty: The negligent driver failed to uphold their duty of care by acting recklessly. An example is the failure to use a turn signal.
• Causation: The sustained injuries were a direct result of the negligent driver’s breach of duty, and without that action, the accident would not have occurred.

Comparative Negligence

Texas recognizes the rule of comparative negligence, which states that if an injured person is partially responsible for the accident, then the collected damages are reduced by the percentage of fault of the injured party. For example, if a person is found to be 30% at fault for a bicycle accident and is awarded $100,000, then the recovered damages will be reduced by 30%, and they will receive $70,000.

If a bicyclist is found to be 50% or more at fault for an accident, then they are barred from recovering any damages.

What are Common Causes of Bicycle Accidents?

There are many potential causes of bicycle accidents, including potholes, defective bicycle parts, and poor weather. However, most bicycle accidents are the result of negligence from the bicyclist or another driver. Here are the most common examples of negligence resulting in a bicycle accident:

• Pulling out in front of a vehicle or bicycle
• Driving distracted
• Driving under the influence of drugs or alcohol
• Running a red light or stop sign
• Failing to yield at an intersection
• Passing on the right
• Riding in a vehicle’s blind spot or failing to check blind spots when changing lanes
• Failing to drive in a designated bike lane

According to the Texas Department of Transportation, the following road hazards are the four most commonly affecting bicyclists:

• Sewer or cattle grates: Be aware of the road surface
• Parked cars: When possible, keep a door’s width away from parked cars to avoid unexpected openings
• Surface conditions: Be mindful of ice, water, loose gravel, uneven pavement, rumble strips, and other possibly dangerous road surfaces
• Railroad tracks: Cross railroad tracks perpendicular or head-on with the rails

What Damages Can Be Recovered From a Bicycle Accident Claim?

Recoverable compensation varies widely depending on the specific circumstances surrounding each case. The severity and permanence of injury will greatly affect compensation amounts. Possible recoverable expenses include:

• Medical expenses to date
• Ongoing and future medical expenses, including surgery, rehabilitation, and prescription drugs
• Lost wages
• Diminished earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of consortium
• Wrongful death

What is the Statute of Limitations to File a Bicycle Accident Claim?

A statute of limitations is the legal timeframe given for filing a case. In Texas, the statute of limitations for a personal injury claim is two years from the date of the accident, with few exceptions.

One exception to the timeframe is if the victim is a minor or mentally incapacitated. When this occurs, the statute of limitations is paused until the victim reaches legal age or becomes mentally competent. Another exception is in the event of tolling. Tolling extends the statute of limitations for individuals who were initially unaware of their injuries or the fault of the other driver when the accident first occurred.

Do I Need an Attorney?

An attorney is an invaluable asset in bicycle accident cases. They are able to talk and negotiate with insurance companies, compile evidence, and use the law to benefit you. Call Kahn Law, P.C. today at 713-999-6549 or fill out a contact form for a free consultation.