Trucking Accidents

Time is of the essence.  Evidence gets cold.  Witnesses become unwilling to get involved. Law enforcement will investigate the matter and file a report.  But don’t rely on the police to get it right.  Sometimes the police miss important pieces of evidence or fail to interview eyewitnesses that can prove essential to your case. If your claim involves a serious injury or wrongful death we will ensure that no stone is left unturned by thoroughly:

 

• - Finding and interviewing witnesses, police officers, tow truck drivers, emergency medical personnel, doctors and nurses.

 

• - Examining police reports, toxicology reports, doctor’s reports of injuries, autopsy reports and other available records.

 

• - Preserving the evidence by making sure vehicles and other physical evidence are inspected and photographed as soon after the accident as possible. It’s also extremely important to document the scene of the crash as it existd at the time of the occurrence (construction, roadway signs, visibility obstructions.)

 

• - Gathering any available black box or ECM (Engine Control Module) information from the semi truck to assess exactly what happened in the minutes and seconds before and after the crash.  It may be necessary to file suit and serve written discovery requests immediately to preserve drivers logs and other evidence from destruction by the defendant trucking company.

 

• - Obtaining any log books or GPS (Global Positioning System) data. This information may reveal that the driver illegally spent too many hours on the road.  Most 18 wheeler interstate drivers are paid by the mile and not by the hour.

 

Once all of the information on a driver or company has been compiled, it is important to analyze it critically for discrepancies. Drivers may try to hide violations or the hours-of-service regulations (FMCSR Part 395) by falsifying log entries or under reporting mileage. Logs can be tested by comparing them to GPS data, pay records, fuel receipts and other evidence.  Industry guides provide accurate estimates of most routes in the United States. The driver may have more than one log book. The driver may “free-lance,” or work for more than one employer.  It is good to compare all employment records in such a case. Cases in which people are injured or killed because of truck-related collisions require vigourous and persistent preparation. These cases cannot be viewed as run-of-the-mill auto cases in which the law enforcement investigation is enough. Sufficient information to turn around the findings of the investigating officer may exist. Counsel must be prepared to dig it out. To see selected case summaries of Ramey Law Firm PLLC involving 18 wheeler accidents click the link below.

 

Selected 18 Wheeler (FMCSA) and Truck Accidents

Car Accidents

Rental Car

• • If the police report shows that the defendant is clearly at fault and you are not, the defendant’s insurer normally will pay your cost of repairs and provide you with a rental car while your vehicle is being repaired. If your car is totaled the insurer will pay the cash market value and take title to the salvage. You should be able to obtain the rental car and property damage settlement without a lawyer, or without attorney’s fees if you do have a lawyer. It is important to keep photos of the damage to your vehicle to show that the impact was hard enough to be the cause of your injury.

 

Finding Insurance Coverage

• • Automobile insurance (both the defendant’s liability insurance and your own UM/UIM and PIP policy) covers the insured vehicle, its owner, its driver (if using with permission) and all occupants of the vehicle.  Also covered are family members of the named insured owner who reside in the same household. Minimum bodily injury liability limits in Texas are $20,000 per person or $40,000 per accident.  Corporations and wealthier individuals usually carry higher limits or excess coverage. If the defendant driver was an employee on duty the employer’s insurance coverage will apply. The defendant’s insurer will refuse to tell you what the policy limits are, but you can get the information after you file suit. Coverages from separate applicable policies can be stacked. Some exclusions in the Texas standard auto policy have been held invalid, so you might have coverage even if the policy seems to say otherwise. Policies cancelled for non-payment of premium might still be valid if the cancellation was not done properly.

 

PIP Coverage

• • Look at the declarations sheet of your own auto insurance policy to see if you paid a premium for PIP (Personal Injury Protection) coverage. PIP promptly reimburses you for 100% of medical costs and 80% of lost wages, up to your PIP limits of $2,500, $5,000 or $10,000, regardless of fault. PIP will enable you to collect two dollars for each one dollar of medical expense you have, (up to your PIP limits) assuming you also collect from the defendant’s liability insurer. The double recovery is legal and ethical because you paid the extra premium for your PIP coverage. If you’re an occupant of someone else’s car, that person’s PIP will cover you. PIP coverages under separate applicable policies can be stacked. You do not need a lawyer to collect the PIP benefits. Most lawyers assist in collecting the PIP claim without charging a fee.

 

UM/UIM Coverage

• • Your own uninsured motorist/underinsured motorist coverage will be important if the defendant had no liability coverage or insufficient coverage to fully compensate you for your injuries. UM/UIM insurance pays you the same damages that you could have recovered from the defendant’s insurer if the defendant had carried enough insurance. Your UM/UIM limits are shown on the declarations sheet of your auto policy. The claim depends on proving fault on the part underinsured driver. Your claim includes damages for pain and suffering and other noneconomic losses. Most people use a lawyer to handle the UM/UIM claim if significant injuries are involved. Do not sign a release for the defendant driver without the written consent of your UM/UIM carrier. If you do so your UM/UIM claim may be barred.
  • Hit and run claims are also covered under the UM/UIM provisions in your own automobile policy. The hit and run accident must involve physical contact with the other vehicle and must have been reported to the police within 24 hours.

 

Comparative Fault

• • Even if you were partly at fault you can still recover part of your damages so long as you were not more at fault than the defendant. For example, assume that the jury determines that the defendant driver was 70% at fault, that you were 30% at fault, and that your medical expenses, lost earnings, pain and suffering, mental anguish, physical impairment and other damages total $100,000. The court will award you judgment of $70,000. But if you are found to be 51% at fault and the defendant only 49%, you recover nothing. The police accident report is important but not conclusive. Sometimes the report is wrong. Sometimes the jury disagrees with the conclusions of the investigating officer. If your injury is severe you should discuss the evidence thoroughly with an experienced trial lawyer, even if the accident report is unfavorable. In 2003 the Texas Legislature passed a tort reform package of laws. One of the laws that may adversely affect your case is a provision that a defendant can attempt to shift blame to a “Responsible Third Party,” even if that person is uninsured, insolvent, unidentified or absent from the court’s jurisdiction.

 

Passengers

• • A passenger may claim damages from the insurance company for the other driver, or from the insurance company for his or her own driver (even if a spouse or family member), or both, depending on which driver was at fault. In most cases a passenger’s claim against the negligent driver of the other vehicle is not reduced by the comparative negligence of the passenger’s own driver.
  • Suppose both the passenger and driver claim damages against the driver of another vehicle.  Suppose also there is evidence that the passenger’s own driver was partly at fault. In such a case the passenger and driver should not use the same attorney.  The attorney would have a conflict of interests.   Saying the same thing also this way, the passenger’s lawyer could not assert a claim against his own client, driver.

 

Recorded Statement

• • In cases involving serious injury the defendant’s insurer will ask that you give a tape recorded statement. You are not legally obligated to do so. It’s better to avoid giving a statement without your lawyer present. The defendant’s friendly claim representative is trained to discredit you and your injury and to defeat your claim if there is any way it can be defeated. If your injury is major it is better not to go on record with your testimony before the defendant driver does the same. The claim can be harmed by an inadvertent remark, for example: “I never saw the other car before it hit me.” Such a remark can be used against you as evidence that you failed to keep a proper lookout. If you do give a statement request a copy for yourself. Avoid being pinned down to precise measurements of distance and time. Study the police report, witness statements, photos, medical records and physical evidence. Be prepared to tell about previous injuries and claims. Never tell any “little white lies.” Your credibility as a witness will be the single most important factor in determining the settlement value of your claim or the outcome of your trial.

 

Medical Authorization

• • The defendant’s insurer will ask you to sign an authorization to allow release of your medical records. Try to avoid doing so. It is not to your advantage for your opponent to review your medical records before you and your own attorney see them. You have the right to restrict the authorization to records relevant to the injury in question, rather than give a blanket authorization that releases everything back to the day you were born. Never authorize disclosure of records of psychiatrists, psychologists or family counselors. Mental health records are privileged and need not be released to anyone (unless you claim that the collision caused an injury to your mental health). Disclosure of mental health records has the potential to “open a can of worms” that will distract the attention of the jury from the legitimate issues to be decided in your case.

 

To view selected cases of Ramey Law Firm PLLC involving car accidents click the links below.

 

Rear End Collisions

Intersection / Right of Way / Red Light

 

Premises Liability

Ramey Law Firm PLLC have experience representing individuals in premises liability lawsuits who have been injured due to the negligence of landowners, occupiers, and businesses that failed or refused to make the premises safe, whether the dangerous condition existed on public or private property.  It is important to have an attorney who understands the legal requirements of proving these cases, enabling you to establish early on that you will prevail at trial.  If litigation is required, however, you need a lawyer who will fight for a full recovery.  Persistence is sometimes necessary to achieve justice. The value of  representation by trial lawyers committed to these principals, and who have experience handling premises liability cases, cannot be over-stated.  Many otherwise winnable cases are lost by attorneys who don’t have the passion to fight or are less experienced in this area of law.  Many premises liability cases are lost by summary judgment dismissal without any recovery for the Plaintiff.  While not all cases can be won, not all cases that are lost were un-winnable, and having an attorney who understands the nuances of premises liability law is essential for a fair chance of success. Premises liability deals with the breach of duty owed by an owner or occupier of land to protect invitees from dangerous conditions and defects on the property.  The owner/occupier has a duty to exercise reasonable care in the management of the premises and to avoid exposing persons to an unreasonable risk of harm. “Slip and fall” accidents are the most common form of premises liability cases.  Common conditions giving rise to premises liability accidents include wet floors, slippery surfaces, uneven floors or steps, cracked sidewalks, falling objects, high-stacking, torn carpeting, poor lighting, inadequate security, dangerous conditions caused by weather, and failure to secure a swimming pool area. Texas law requires landowners and occupiers to routinely inspect the premises they own or occupy to discover any dangers that exists, and to warn their tenants/employees/customers (their “invitees”) of known dangers, and to undertake reasonable precautions to guard against injury to their invitees BEFORE injury results. Regardless of the specific condition or where the incident may happen, all property or building owners have a certain level of responsibility to make sure an environment is safe.  Ultimately, the issue of liability hinges upon whether the landowner or landholder had actual or constructive notice of the dangerous condition that caused the incident.  In other words, in order to prevail in a cause of action for premises liability, the plaintiff must prove that the defendant knew or should have known that the dangerous condition existed causing the incident. Commercial establishments and property owners are responsible for hazards on their property that lead to personal injury. A homeowner is normally not responsible for injury sustained by a social guest. Ramey Law Firm PLLC will be happy to discuss your particular case, focus on what legally must be proved, and assist in obtaining the evidence necessary to obtain “full-justice” in your case. To see selected case summaries of Ramey Law Firm PLLC involving premises liability click the link below.

 

Premises Liability/Slip and Fall

 

Injuries At Work

Rights of employees injured on the job depend on whether the employer carries workers compensation insurance. You can find out by calling the Texas Department of Insurance Division of Workers’ Compensation in Austin at 1-800-252-7031 .  An employer that is a subscriber (carries true workers compensation insurance) is immune from liability to employees for on the job injuries (except in cases involving fatal injuries caused by malice or gross negligence).  Instead, you are entitled to limited weekly compensation payments and lifetime medical care for the injury. There is no recovery for pain and suffering or other personal injury damages.  If the employee is killed the weekly checks go to the minor children and surviving spouse.  If the spouse remarries benefits continue for two years, then stop. Your benefits are the same regardless of who was at fault (unless the employee was intoxicated).  The injury must have occurred in the course of employment, which does not include travel to and from work.  Medical treatment is limited to physicians approved by TWCC.  More information and a list of approved doctors can be obtained at www.tdi.state.tx.us/wc/indexwc.html .  Your employer must have notice of the in injury within thirty days.  You must file a written claim with TWCC within one year.  Since passage of the new law in 1990 the system has been designed for the employee to represent himself or herself without a lawyer.  You will have difficulty finding a lawyer.  There are a few attorneys who specialize in high volume representation of claimants for the low fees permitted by the 1990 law.  If you believe you are not treated fairly by the insurance company you can contact  TWCC and request a benefit review conference, then a contested case hearing, then a limited court appeal.  In Texas the system does not work very well for employees whose claims or injuries are disputed. If your employer is a nonsubscriber (does not carry true workers compensation insurance) you may bring suit directly against the employer.  You must prove that the injury was caused by the negligence of the employer or its employees.  Your damages are not limited to weekly benefits and medical costs and are not reduced by any negligence on your own part.  If your injuries are major you should seek legal advice early.  Do not sign anything agreeing to give up your right to sue in exchange for payment of other benefits.  Claims against smaller employers are sometimes uncollectible if the company is uninsured and insolvent. Regardless of whether your own employer does or does not carry workers compensation insurance, you may bring suit against a different company or individual whose negligence caused your injury.  Typical examples would include a construction site injury to an employee of one subcontractor caused by an employee of a different subcontractor, an injury to an employee driver caused by negligence of another motorist, or an on the job injury caused by a defective product.

 

Product Liability

If your injury was the result of a product that was defective or that was not accompanied by an adequate warning of danger you may have a claim against the manufacturer.  The defect or inadequate warning must have existed at the time the product left the hands of the defendant. A few examples are seat belts or airbags that fail to protect the occupant in an accident, top heavy SUV’s that roll over too easily, defectively manufactured tires, food not fit for human consumption, prescription medication causing injury to the patient and ladders that are defectively designed or manufactured. Most product liability cases require expensive expert witness testimony to prove liability. To see collected case summaries of Ramey Law Firm PLLC involving product liability click the link below.

 

Product Liability

 

Wrongful Death

Wrongful death generally refers to the situation in which an individual dies as a result of another’s negligence or reckless conduct. When such death has been caused by negligent or wrongful behavior, such as a drunk driver, inattentive motorist, or irresponsible manufacturer of defective products, the pain can be exponentially worse as feelings of grief and loss are intensified. In wrongful death cases the spouse (including a common law spouse), children (including adopted and illegitimate children), parents and heirs of the deceased may sue.  Damages include recovery for grief, mental anguish, loss of companionship, society and consortium, and loss of services and monetary that the deceased would have made during his or her lifetime.  The estate has a survival action for damages for conscious pain and suffering, medical and funeral expenses.  Siblings, stepchildren and more distant relatives of the deceased normally have no claim unless they are named as beneficiaries in the will or otherwise inherit from the estate.