Premises Liability: Concerns During A Slip and Fall Case

In a Texas Slip and Fall, When is a Warning Adequate?

Recently, the plaintiff in a Texas slip and fall case walked around the sign warning of a wet floor . the sign was situated in the hall right outside the bathroom in the convenience store owned by the defendant. Located at the back of the store, the restrooms could be accessed via an open entry which led to a small hall.

Surveillance footage showed the yellow warning sign which displayed “wet floor” and was placed in the entry. As the plaintiff turned the corner to walk into the hall leading to the restroom, he walked right past this sign. The plaintiff also walked right past the employee who at the moment had been wet-mopping the floor. As the plaintiff was in the restroom, the employee proceeded to wet-mop the entrance, right where the sign was placed. While mopping she moved the sign, mopped the spot where it was, and then returned it to its original spot.

Two minutes after entering the restroom, the plaintiff exited the restroom and slipped falling on the wet floor in the hallway on a few feet from where the sign was located. He was injured and the defendants were sued based on premises liability for personal injuries. The plaintiff, as a customer, under Texas law was considered to be an invitee to the store.

The plaintiffs’ argument was that the defendant had not provided proper warnings of said dangerous conditions and had failed to make the conditions adequately safe. A motion for summary judgment was filed by the defendant, the argument in it was that there was zero evidence of a breach, the warning provided was adequate, and the condition being discussed was open and very obvious. It also argued the lack of evidence of any risk of harm that was unreasonable or that reasonable care had not been used to lower the risk.

There was no specification by the trial court as to why the motion for summary judgment was granted. An appeal was submitted by the plaintiff.

The Law Offices of Jerry J. Trevino | Premises Liability AttorneyIt was explained by the appellate court that an injured invitee in a premises liability lawsuit must show:

1. The owner had constructive or actual knowledge of the condition which caused harm.

2. Unreasonable risk of harm was presented by the condition

3. The owner had not taken reasonable care to minimize the risk.

4. The failure of the property owner to use reasonable care so as to lower the level of risk was what legally caused the injuries of the invitee. By providing warning of a dangerous condition where invitees can see, a property owner is able to get rid of the third element.

The totality of the circumstances is what dictates where or not a warning is sufficient. When the warning has identified and communicated the existence of said condition in a manner that is understood by a reasonable person, it is considered to be adequate. It was explained by the appellate court that there were numerous facts which were undisputed. It is indisputable that there was indeed a yellow, three-foot, free standing warning sign located at the hall´s entrance which only led to the bathroom and said warning sign referred to the employee who was mopping. There was a graphic at the top of the sign that displayed a human being stick figure that was slipping and also stated “wet floor” and “caution.”

The questions that remained were whether or not this was adequate and whether it was an obvious and open danger. The plaintiffs’ argument of it being inadequate was because when he entered the restroom, there was not a wet floor, however, when he came out it was wet and the sign was not placed directly in front of the door. It was explained by the appellate court that there is no duty for the invitees´ safety to be ensured and the plaintiff had received ample warning prior to his fall. There had been active mopping in the area. It was noted by the dissenting opinion that there had been a changed condition of the floor in the hallway, however, the majority found that what following the dissent would require, was too granular of a warning.

If you have been injured on someone else´s property, you should see immediate consultation with an attorney in Corpus Christi who is knowledgeable on the subject of personal injury and experienced in liability cases so a favorable outcome can be sought. Consult the Corpus Christi attorneys from The Law Offices of Jerry J. Trevino, they are experienced and can provide you with more information.

Dangers of Motorcycle Accidents Increasing in Texas

Motorcycle Accidents In Texas Arising From Unsafe Driving Maneuvers

Visit our short guide on avoiding motorcycle accidents.

A recent case with the Texas appellate court was heard involving a truck accident. In the hearing, the defendant testified that, on the date that the accident occurred, he was driving his vehicle in the left lane. This was during rush hour, and he was following behind two other cars and headed towards a construction zone. He was not following the recommended distance, so there wasn’t any room for trucks and other cars to merge in front of his vehicle. There was an 18-wheeler up ahead in front of the two cars that the defendant was following. It stopped and immediately traffic stopped. Since traffic was so tight it wasn’t possible to drive into the right lane. The two cars turned onto a grassy median with the defendant following them.

Later on, the truck driver testified that everything happened so fast, and he was unsure why he left the road rather than just stopping. He ended up veering off because he assumed there was something in front of him out on the road. He did not want to run the risk of something hitting the back of his truck. So as he was leaving the road he hit his breaks, thinking he needed to do this to avoid getting into a collision. Before following he did not look to the left, and he was going the same speed as the cars surrounding him.

When he moved over to the left, he spotted the plaintiff’s motorcycle in his mirror that was one vehicle behind him. He thought that the motorcycle was moving very fast on the shoulder of the road and that using the shoulder was illegal. The motorcyclist lost control of his motorcycle when driving onto the grass. The bike crashed into the defendant’s truck. At this point, the defendant thought that the back part of his truck was on the shoulder still, and he claimed when he left the plaintiff was not in his path.

The Law Offices of Jerry J. Trevino | Motorcycle Accident Lawyer Corpus ChristiAccording to the motorcyclist’s testimony, he was over in the far right-hand lane, and when he saw the traffic cones narrowing three lanes into just two, he then merged over to the middle lane. When merging he was nearly hit, so then went over to the left lane. There were two cars that were moving up fast behind him and he could see brake lights. He wasn’t able to see around the car that was in front him. He was afraid that he would be hit in the congested traffic. That is why he moved over to the grassy median. At that point, he was passing stopped traffic and going around 40 mph. He continued slowing down and was around 30 feet away from the defendant. At that point, the defendant drove his truck over to the median.

He testified at trial that he did not use the median for travel as far as possible before returning to the road, despite the fact that at the deposition he testified the exact opposite. He instead claims he was planning on driving on the median until he was able to return to the road safely and that he did it due it being an emergency.

He testified that he took 10% to 15% of the responsibility but wasn’t prepared when he drove onto to the median since he believed he was safe at that point. He said that if he had been, then we would have braked when seeing the truck get on the median.

In this case, the defendant completely denied responsibility and testified that the police officer who was at the scene said it was the motorcyclist who was at fault due to him driving too closely and using an evasive faulty action.

The jury found that the legal cause of this accident were the plaintiff’s actions and he was not awarded anything in damaged. The case was appealed by the plaintiff, and he argued there wasn’t sufficient evidence to support the decision made by the jury.

The argument of the defendant was that the jury’s negligent finding was actually a harmless error due to the fact that the plaintiff failed to challenge the zero damages finding by the jury on the appeal. In this case, the appellate court agreed with this and noted that when an appeal is made, that it needs to attack any independent grounds supporting a complained-of ruling.

The jury, in this case, was asked what amount of money would compensate the plaintiff fairly for his damages. However, no damages were found by the jury, and this finding was not challenged by the plaintiff. The appellate court ruled that the zero damages finding that had gone unchallenged allowed the trial court to enter a take-nothing judgment on this negligence cause of action. Therefore, any mistake that the jury was made in finding that the defendant was not negligent was harmless.

If you are ever injured in a motorcycle accident or in need of elderly advocates, the Corpus Christi experienced lawyers at The Law Offices of Jerry J. Trevino might be able to represent you and get a sound strategy developed to handle your case. For more information, please call our office.

Taking The Heat Off Your Motorcycle Accident

6 Of The Best Ways To Avoid Motorcycle Accidents During Summer

The warm temperature, the blue skies, the fresh air, these are elements that call to passionate motorcyclists. But even in the best of weather, they are a minority on the road, which makes them harder to spot for other vehicles. A split second can lead to serious injuries, seeing as the rider doesn’t have protection from the elements. According to the Insurance Information Institute, bikers are at much higher risk of dying in a collision than motorists.

The Law Offices of Jerry J. Trevino | Motorcycle Accident LawyerAlways paying attention when you’re on the road is probably the best place to start, but that’s not enough. There are more things you can do to help you ride safely during this summer. And if it does happen that you get into a situation, just approach a good motorcycle accident lawyer to help determine if you are at fault and if you have a case.

How To Avoid Accidents

Make Sure Other Drivers Can See You

Even though it should be expected of other drivers to notice you, it’s not always that easy. But you can make it easier by wearing special clothing and keeping the headlights on. You can even use equipment to make fellow drivers take notice, as long as you get their attention. This will greatly diminish the probability of an accident.

Take Some Classes

There are professional classes you can take, which will teach you how to handle the bike in dangerous conditions. And while learning to master your bike, you learn to react better and improve your awareness skills.

Respect The Speed Limit

Even though you know you’re a very capable driver, there’s no point in taking any risks. Also, you’re not just risking your own life when other drivers are involved in a speeding accident.

Stay Inside The Lane

One thing riders like to do is drive in between cars as they slow down at a red light. The last thing the cars up front are expecting is a motorcycle going by, which makes it a naturally dangerous situation. Stay in the middle of your lane and behind other traffic.

Stay Out Of Blind Spots

While driving alongside a big semi or transportation truck, make sure you stay out of their blind spots. Instead, you want to be able to see their mirrors and stay in their way. With such a big vehicle there are some spots that are incredibly hard to see, so make it as easy as you can.

Avoid Substance Abuse

This one sounds like a no-brainer, but it can’t be said enough. Getting drunk before starting the bike is a bad idea, and the same goes for substance abuse. You are in no condition to react to the situation, and odds are you’ll be the reason the accident happens. Don’t risk it.

In the end, there is no telling what’s going to happen on the open road, but it does help to take some precautions. And in the event of an accident during this summer, don’t hesitate in calling a motorcycle accident lawyer. In fact, why don’t you give us a call right now and get a free consultation scheduled?

It’s Becoming Harder and Harder To Sue Uber

Here’s Why It Is Becoming More Difficult To Sue Uber

Uber has a clause in its agreement with its riders. The clause prohibits them from filing class-action lawsuits against them. In other words, the company has made it difficult for riders to sue them.

The ride-sharing company has policies that protect it from being liable for accidents that involve Uber drivers and passengers in a ride. It also protects them from another party that has suffered injury as a result of an Uber driver. This may be good for the company, but it’s not good news for those who are injured in an Uber vehicle wreck because they are not able to file a lawsuit.

The Law Offices of Jerry J. Trevino | Personal Injury Attorney Corpus Christi

New Limitations

Uber recently updated their policy. According to their policy, the company is not liable for damages that result from the negligence of an Uber driver. This includes both property damage and personal injury, which means if you were injured during an Uber ride, then you can’t sue. Not only that, but the company’s agreement said the individual using the service agrees to hold them harmless from any and all claims of liabilities, losses, and demands.

Uber claims that enough notice has been given to its riders. They said they are aware that they are waiving their right to file a lawsuit against the company. This includes class action lawsuits.

Arbitration

Arbitration is important and it is a method that’s used to settle issues outside of court. For example, instead of going to court, consumers’ complaints are handled in front of an arbitrator, after applicable fees are paid. The proceedings resemble court proceedings, but they are less formal, more private and the arbitrator’s device what the award will be, not judges. The arbitrator looks at the evidence and then they will come to a decision, which legally binds both sides.

Uber does have a clause that addresses arbitration. It requires cases to be resolved with them via an individual basis. They said that by agreeing to their terms, the consumer will have to resolve any claim against them via arbitration.

Uber continues to say in its policy that consumers will be precluded from bringing a class action lawsuit or collective action against them. They also say that this would preclude them from recovering relief from future and current cases. This includes participating in such actions.

There are critics who have spoken out against this. They claim Uber is just obscuring these terms. They say Uber is doing this by making the terms unclear.

Can You Still Sue Uber?

The contract may state there are liability limits, but you can still challenge them. This means even though Uber states it in their policy, the injured party can file a lawsuit against Uber, and they can demonstrate that the driver for Uber was driving in a way that placed their lives in grave danger. In short, yes it is still possible to sue Uber, but there must be strong evidence that can back the claims up.

By now you and other consumers in Corpus Christi may be wondering if you should use Uber, but it’s worth pointing out that many companies have such policies in their contracts. Without such clauses, there would be lawsuits filed without reasonable causes. Some companies that have such contracts include Dell and Samsung to name a few.

However, by using a service that has numerous legal contacts may pose difficulties. Always review statutes and review all agreements because you want to have a clear understanding of what is stated in them. If you have been injured in an Uber ride or strike by an Uber driver and have suffered injury, then contact a lawyer in Corpus Christi. A personal injury lawyer will provide you with more information. The Law Offices of Jerry J. Trevino are here to listen and help in any way we can! Call Now!

A Guide On How To Conduct Your Truck Accident In Texas

The Specifics and Details of a Texas Truck Accident Investigation

As we have mentioned, the scene of the incident itself contains important clues in the investigation. This is why the major insurance providers will dispatch a team of experts to the location of the accident within only hours of the incident has been reported. And it is essential that your team is there as well. Figuring out what the best route to take when in a commercial truck accident can be a tough one, here is our short guide on what to look for and what you can expect before, during and after an investigation.

At the scene, there will be evidence in the damage to vehicles, tire marks on the road and debris. Most of this will be removed quickly so that roadways can resume normal functionality. This is why getting to the scene is essential to building a proper case. It becomes much easier to determine who is at fault.

Interviewing Eyewitness Statements

In an ideal situation, your Corpus Christi truck accident lawyer will arrive on scene in time to interview some of the eyewitnesses to the incident and collect their important contact information. If not, the team will still have to collect as many witness’s statements as possible as quickly as possible.

Witnesses are an important source of information about what happened. But details of the sights, sounds and even smells they can recollect will quickly vanish from their memory if not interviewed in time.
The information provided by a witness can help determine the merit of a case and in the future these witnesses can deliver their story in written form as an affidavit or as an oral report called a deposition.

Full Inspection of All Vehicles Involved

A full inspection of all the vehicles involved in the accident will reveal much about the point of impact and what really occurred. It is important that this inspection is completed shortly after the accident happens.

The Law Offices of Jerry J. Trevino | Truck Accident LawyerPhotographic records should be taken of each side of all vehicles involved in the accident. The cab of the truck may contain receptacles for alcoholic beverages, as well as illegal or prescription substances that can impair the driving capacity of the truck driver including DVD players, GPS devices, iPads, TVs and other devices. These items will be removed quickly after the accident and the evidence lost from the case.

Electronic Data Recorder (“Black Box”) Data

Trucks are commonly fitted with an electronic data recorder that contains key information pertaining to the accident and the reconstruction your legal team is trying to perform. The data can show the speed at which the truck was travelling and whether or not the driver applied the brakes and how long before the moment of impact they were applied.

If the truck were to be operated before this data is examined, it may be overwritten or deleted. The attempt to access this black box and the critical data kept within must be made quickly after the accident

Cell Phone Records of Texas Truck Driver

A request can be placed to review the cell phone records of the cell phone driver and the trucking company they work for. Most often this request must be made in the form of an official subpoena made to the service provider.

These records will be able to indicate if the truck driver was talking on the phone at the moment of the accident. Furthermore, it can show indicate if the trucking company is aware of their truckers using cell phones while on the road, for example, one of the numbers could belong to a supervisor

Texas Truck Driver Toxicology Test Results

Immediately after the accident occurs, the truck driver will need to submit to a drug and alcohol test. The officers arriving on scene will administer these tests and the test results can be provided to the legal team very early in the investigation.

According to Texas Law the legal limit for blood alcohol concentration for the operator of a commercial vehicle is 0.004, anything higher than this is in excess of the legal limit. Nevertheless, any evidence of drug or alcohol abuse can serve as evidence that the driver was simply to impaired to operate their 18-wheeler.

Logbooks and Other Company Records for Texas Driver

This is crucial evidence and along with the next few types of evidence can be kept secret by the trucking company. This is why a notification must be sent from the lawyer to the trucking company soon after the investigation begins. This notification will warn the trucking company against attempting to destroy any evidence can be grounds for a “spoilage of evidence” claim.

Logbooks are very important to the case. These can indicate the hours of service the trucker was on the road and whether or not they were in violation of any state or federal regulations for the number of operating hours the vehicle can be on the road. The log books can also raise the red flag about attempts to adjust information or tamper with this crucial evidence.

Another important tidbit of information that can be provided by a look into these logbooks is the repair and service history of the truck itself.

Cargo Records

There are also records that tell when the cargo was loaded and unloaded and what the cargo was, this can also have an important role in the outcome of the investigation. These cargo records are called “bills of lading”.

For example, if the cargo was picked up in a very distant location, this could be evidence that the driver was on the road for too long.

The Driver’s Background

The trucking company should also keep a record of the driver’s professional history. This will show whether or not the driver has been involved in other similar accident or if there are incidents of criminal activity. This will tell if the driver had the physical and mental capacity to be operating this vehicle.

The Trucking Company’s Rules Compliance History

This information can be accessed by anyone from the state and federal transportation officials. Trucking companies with a history of violating safety rules this could be indicative of negligent conduct. Your Corpus Christi truck accident lawyer will know how to apply this important data in building your case.

Finding the right firm to represent you in your commercial truck accident case can be hard. However, allow The Law Offices of Jerry J. Trevino help you each step of the way by contacting us or calling us at
361-882-5605 now for your FREE case consultation!

Legal Problems & Taking The Road Less Traveled

Where To Turn When You Need Legal Help But Can’t Afford A Lawyer

Do you need to update your will or file for divorce? It is best to hire an attorney to help you with these types of legal matters. Finding out if the attorney you are looking to hire provides the services you are in need of and trying to take care of these types of issues on your own is difficult. Rules vary by state or jurisdiction and if you make a mistake, it could cost you.

The Law Offices of Jerry J. Trevino | Legal Help in Corpus ChristiLawyers are familiar with all the laws and rules governing legal matters. They will prepare the necessary paperwork and ensure it is filed with the proper authorities. It can be expensive to hire a lawyer, but even if you have a low income, there are several methods for finding an attorney who can help. It is possible to find good lawyers through a legal aid society. It is also possible to find attorneys willing to work pro bono or without charge or who may agree to a payment plan.

How To Find Free Legal Help

There are several programs that provide free legal help. Contact your local legal aid society or another government-funded legal aid program. These programs use federal or state funds to pay their attorneys and work with low-income individuals. Legal aid societies employ both paralegals and lawyers. Clients must meet certain eligibility requirements, but the legal help and advice are free.

Legal aid societies are a great resource for any type of legal problem. If you qualify, their professional legal staff can help with divorce, tenant and landlord issues, employment issues and any other type of legal problem. Your income must be below a set threshold to qualify for legal aid services. This threshold varies by state. In most states, your income must fall below the federal poverty line. It is best to talk directly with the legal aid society staff to see if you qualify.

Another possibility for finding a good Corpus Christi attorney is a local pro bono program. This is a program typically run by the state or local bar association. Attorneys volunteer to provide free legal services. Clients must qualify to get help from this program. Pro bono legal services are also offered by many non-profit organizations and are available for individuals with a low income. To find programs in your area, check online, or with the local bar association.

If Your Income Is Too High For Free Legal Help

Even if you don’t qualify for free legal help, many pro bono programs offer a reduced fee structure for those who need legal help. These programs will typically offer a free consultation and may have a referral program to outside attorneys. There are many private law firms which have pro bono programs. These programs typically focus on helping people who have problems with law enforcement, suits against the government or with civil rights issues.

Another possible avenue to find free or reduced-cost legal help is to contact a self-help legal clinic. These are programs provided by the state or local jurisdiction. There are lawyers assigned to these programs who give free legal advice. These programs usually take both calls and walk-ins. Some programs will only accept legal questions submitted online. The process is usually confidential, but it is a good idea to check before asking your question or giving your personal information.

If you only have one or two questions, a self-help clinic is a good resource. They can answer questions about proper documentation or explain how a certain legal process works. These clinics are not a substitute for a lawyer. It is still recommended that you hire a lawyer before starting any legal process.

You can usually find local legal self-help programs by researching online or by calling the local courthouse. If you want to ask a question in person, be prepared to wait in order to meet with an attorney. Many local programs will focus on specific legal issues, so be sure the clinic will be able to help you with your legal problems. For example, some local clinics focus on helping victims of domestic abuse. If you need help with a child custody question, this clinic may not be able to help. They should be able to refer you to an attorney who does pro bono work or who is willing to work with you on a payment plan.

Your local district court may offer programs to help with estate planning, landlord-tenet disputes, personal injury cases, and debt collection. Programs held by civil courts will usually not deal with any type of criminal issue.

It is also possible to call a legal hotline to seek advice on certain legal issues. These hotlines generally focus on helping individuals with specific legal issues such as domestic abuse or landlord-tenant disputes. Some hotlines provide free advice and others charge a nominal fee. You can find legal hotlines by searching online in your state or local jurisdiction. It is usually best to call a hotline located in your state. Laws vary from state to state, so it is best to call a legal hotline where the staff is familiar with the laws in your state.

Another possibility for low cost or free legal advice is to contact a local law school. Law schools often run legal clinics which provide law students hands-on experience dealing with various legal issues. These programs may work with all types of legal issues or may focus on a specific area such as domestic violence. All law students participating in these programs are supervised by a licensed attorney, generally a law professor.

In Closing

If you find yourself in court, you may be able to get a court-appointed lawyer. These are lawyers who either work for the court system or who are private attorneys who must do duty as a court-appointed attorney. Court-appointed attorneys generally work with clients accused of a crime. You will have to show proof of income before the court will appoint an attorney to help with your case.

Discovering if you have a case is something every person asks themselves when they are having a legal issue. The Law Offices of Jerry J. Trevino encourages you to contact us or call now at
361-882-5605 for your FREE consultation!

How Do I Know If I’m At Fault for My Auto Accident?

Determining Fault In Auto Accidents

The determination of fault in an automobile accident largely rests on identifying the party responsible for “negligence” or carelessness. This factor is easy to assess in many cases where the question of which party was being careless is immediately clear. The negligent party ends up being the one responsible for injuries, property damage, and the other negative effects of the accident.

Police Procedure For Determining Fault

Once the police become aware of a car accident, their main responsibility is preparing a police report which accurately describes the incident. Police officers will gather information by interviewing all of the drivers involved as well as any witnesses. A series of formalized questions is used to ensure that the information gathered is complete and correct.

After the information is gathered and compiled in a report, the officer responsible for it will submit it to his or her department. In some cases, this document will include a statement assigning fault for the accident based on both the statements collected and the professional judgment of the reporting officer.

A determination of fault is not a necessity for a police report, and many auto accident reports do not include them. Additionally, you should know that a determination of fault in a police report is not binding, and a lawsuit may end up assigning legal responsibility (i.e liability) to a different party.

In the course of investigating an auto accident, a police officer might issue traffic citations. Citations are basically law enforcement notices which assert that a driver has violated a traffic law. Examples would include making an unlawful turn or driving faster than the speed limit. Many citations include penalties for the driver such as fines or points deductions. Note that a police office may issue multiple traffic citations for a single car accident.

Drivers who receive traffic citations may be obliged to appear in traffic court or take other action. Traffic citations are not binding when used as evidence in an auto accident lawsuit, but they can serve as strong evidence to establish driver negligence.

Fault Determination For Insurance Companies

Following a car accident, one or more insurance companies typically receive claims. Each claim is assigned to an adjuster who takes responsibility for investigating the accident and settling the claim. It is entirely normal for multiple adjusters to be active in one accident, as each insurance company involved will typically assign its own adjuster.

Adjusters learn more about an accident by gathering information from multiple sources. They will speak with witnesses, examine vehicles, review medical records, and examine the insurance policies of the drivers involved in the accident. Adjusters will sometimes divide up fault in an accident, assigning a separate percentage to individual drivers. The total cost of the accident and the indemnities assigned to different drivers will be portioned out The Law Offices of Jerry J. Trevino | Auto Accident Liabilityaccording to this percentage (and to the relevant terms in the drivers’ insurance policies).

The highest rule applied by insurance companies and their adjusters is usually the state’s definition of negligence. Negligence generally consists of failing to use the same level of caution as a reasonable driver in the same circumstances. The simplest example would be a driver who drove past a red light and hit a car being driven through an intersection on a green light. Because the law supports the behavior of the driver with the green light and proceeding past a red light is not a reasonable action, the driver of that car would be considered negligent and at fault for the accident.

In Texas courts, a rule called modified comparative negligence may affect lawsuits related to car accidents. A driver’s ability to file a claim with other party’s insurance companies is limited by the determination of fault. Only drivers who are found to be less than 51 percent at fault may recoup their losses in this way.

How Fault Is Determined In Court

If you get into an auto accident and subsequently file a lawsuit in order to recoup the costs of injuries and/or damage, the question of fault will be determined by the court. The key question here will be whether the defendant in the suit was behaving in a negligent manner as discussed above. A failure to act with reasonable caution in the circumstances is the key definition of negligence in these cases.

Courts will weigh their decisions based on both the arguments presented by each party’s lawyers and any evidence they present. Potential forms of evidence include drivers’ testimony, witnesses’ testimony, police officers’ testimony, and testimony from relevant experts like doctors or accident reconstruction professionals.

Auto accident cases will be decided by either a judge or a jury. Regardless of who is responsible, the determination of fault and negligence will be made based on the evidence presented. A defendant found to be negligent will be required to pay you in order to compensate for your injuries and losses if your suit is successful.

You must always bear in mind that neither police reports nor insurance company determinations dictate the way an accident lawsuit plays out. Certain pieces of evidence may end up being excluded from consideration. Police reports, for example, are often considered hearsay. Determination of responsibility and fault can be affected by many factors, including legal precedents in the jurisdiction in which your case is heard.

Traffic citations and other pieces of evidence can prove to be very persuasive when a court is weighing fault in an auto accident case. Your case may end up getting a big boost if the driver responsible for your injuries received a citation.

Getting Help In An Auto Accident

Car accidents are inevitably traumatic. You have a huge roster of concerns to address, including your medical issues, potential damage to your vehicle, and dealing with the police and insurance companies. If you feel that a lawsuit may be required, it’s a good idea to seek out the best car accident lawyer Corpus Christi has to offer you. Besides explaining your options and advising you on the best steps to take, an attorney specializing in auto accidents will also be a strong advocate for your interests and ensure that you are treated fairly.

Please contact us or call us now at 361-882-5605 for your FREE case consultation! The Law Offices of Jerry J. Trevino or waiting to assist you and answer any questions that you may have!

What You Should Know About Your Auto Accident

All You Need To Know About Car Accidents With Property Damage Exclusively (No Injuries)

In the majority of cases, automobile accidents do not result in physical injury but rather property damage. This being the situation, it is questionable whether or not you would require the services of an attorney when no person was injured in the accident. The answer is that, surprisingly, you probably won’t need a lawyer.

If you are reading the information on this website, it is likely that you are searching for a professional to assist with the red tape involved after experience an automobile accident. In truth, unless you have suffered from a personal injury the chances are likely that you will not need to hire an attorney at all. This article will provide information on how to go about effectively managing an automobile accident without any injuries.

Filing The Claim

While personal injury law firms such as ours can assist people in filing property damage claims, it is also possible that the claim will involve issues of personal injury. A claims process is relatively straight-forward regarding property damage meaning there is little leeway when dealing with the claim for property damage of an automobile. Unlike a personal injury claim where insurance companies use various methods to contest the value of the claim, the property damage claim has a fixed approach to the case.

The claims process starts with the filing of the claim and, unlike a personal injury claim; the monetary value of vehicle repairs is typically a fixed amount. It is for this specific reason that the property damage claim is speedier to file than a personal injury claim. The average time frame for a property damage claim is a few days and it only takes a few phone calls to finalize the details, unless the liability of the claim is being contested.

The Actions To Complete At The Accident

The Law Offices of Jerry J. Trevino | mrpersonalinjurylawyerThere are various actions to perform when you are the scene of the accident to ensure that the claim will be expedited in a timely fashion. Below is a discussion of some of the most significant actions to complete.

Firstly, it is important that you notify the police of the situation. Filing a police report may seem tiresome, but it can be highly beneficial in the long-term. In some cities, however, police officers will only respond to accidents involving personal injury caused by dangerous conditions or traffic disturbances. Regardless of the situation, it is highly recommended that you contact and inform the police officers in the area.

Another factor to consider when at the scene of the accident is to make note of additional information that could be useful when filing a claim for property damage. Some items that may be beneficial can include the contact details of the other driver, the insurance details of the other driver, and any admissions made by the other driver.

Photographs can be advantageous for filing a property damage claim; therefore, it is recommended that you take pictures with your camera or cell phone. When at the scene it is advised that photographs be taken of all damage to the car including the vehicle’s body, tread marks, the vehicle position and any other pertinent information that could assist with an assessment of damage liability.

Finally, it is beneficial to make a list of any personal items that may have been damaged in the accident. This, as with the photographs, will help with assessments of damage liability.

What To Do After The Car Accident

Once the accident has been experienced, it is vital that you document all the contributing factors. For example, did the weather conditions play a role in the accident or was the driver distracted by road construction? If you feel you feel you have suffered a personal injury, it is recommended that you seek medical assistance as soon as possible. This will help when filing a claim with attorneys Corpus Christi for personal injury damages; as well as obtaining treatment for physical ailments.

What You Need To Know About Your Insurance Coverage

Tips For Understanding Insurance Coverage

What is an Insurance Claim?

Insured lawyers are usually required to report any malpractice claims to their insurance carrier when they become aware of them to bind coverage. That is why it is very important to know what is considered to be a claim according to what the policy states. If you don’t understand how a claim is defined by the insurer it can create a serious problem if it was something that wasn’t reported to the insurance carrier promptly.

Professional liability insurance policies might define a claim in a broader way than a basic lawsuit where the policyholder is named as a defendant. For instance, a claim might be defined as “a communication or demand to the insured for professional services or damages,” or “an omission, error or act by any insured which did not result in a demand for damages but that the insured knows, or should know reasonably, would support this demand.”

Occurrence Policies vs. Claims-Made

One of the biggest differences between a general liability policy and professional liability policy is that almost always professional liability policies are written on the claims-made basis in contrast to an occurrence basis. It is also the policy in force when the claim gets presented that pays for a loss. For instance, an error that was made in 2010 by a policyholder but was discovered in 2014 by the policyholder should be reported to the insurance carrier providing coverage when the claim is discovered.

An error by an attorney might be presented in several different ways, which includes being notified by a lawyer of the error who might be recently appointed by a client, or once you are notified directly by the client of the error.

The policyholder must meet important conditions to establish coverage for a claims-made policy. First of all, a policy has to be in place when the claim is made. Also, the policyholder’s “prior acts date” or “retroactive date” must be date as far back at least when the services were provide that gave rise to the claim. Finally, notice must be provided in a timely way to the insure of the claim, and in accordance to the claim-reporting requirements that the professional liability policy defines.

The insured attorney’s “retroactive” or “prior acts” date is established when the policy gets created and is clearly defined always in the professional liability policy’s declarations page. For an attorney seeking coverage when she or he first was licensed to practice law and then had continuous, successive years of uninterrupted professional liability coverage, typically their prior acts date goes back to the the first day on the first insurance policy that the lawyer had.

Policy Renewal and Claim Reporting

At times lawyers worry that reporting a claim will trigger an increase automatically on their annual policy premiums. However, usually professional liability insurer do not debit policy premiums just because a claim is reported by a policyholder. If this was done it would discourage policyholders form reporting claim matters early. However, reporting multiple claims over an extended period of time that are a similar type can indicate that there might be a systemic problem in how a personal injury law firm organizes its client issues, and that can trigger in increase in the insurance policy premium at renewal time.

At the time policyholders are renewing their professional liability insurance they will asked whether or not they are aware of circumstances or facts that could lead to a malpractice claim. That question helps to identify the right claims-made policy to provide insurance coverage.

Lawyers who know about a claim matter but do not report it to their insurance carrier are are risk of losing their coverage if they end up reporting it later on a subsequent insurance policy. That happens sometimes when a lawyer ignores constant pleas from a frustrated or angry client, and assumes the issue will just go away, and then later realizes that the problem has gotten out of control and at that point the policy is in desperate need of assistance from the insurance carrier after the fact.

Pricing

Attorneys, especially new ones, frequently don’t have a good understanding of how much professional liability insurance costs. It would seem that more inexperienced lawyers would have the highest risk and therefore be subject to more expensive premiums, but that is not true.

Risk exposure for malpractice claims dramatically increases for attorney during that five to ten year period after they start to practice law. Lawyers who have been in practice practice for a period of five years or less in general report about 3.5 percent malpractice claims. Attorneys who have practice law for 11 to 20 years have a 37 percent malpractice claims. Why is that? New lawyers simply don’t have a “tail” – which means they just haven’t been practicing long enough for some mistakes to be discovered and also reported. Also,more experienced attorneys who have been practicing for ten years or more have a tendency to handle more matters, and matters that are more complicated. They are also more likely to be responsible for overseeing issues that other lawyers from their firm are handling.

In addition, lawyer who spend a significant amount of time in their practice on areas that have a high number of claims like real estate or plaintiffs’ personal injury, are much more likely to have to pay higher annual premiums. Lawyers in practice areas where the legal matters are very severe and that can be very expensive to resolve – like securities, entertainment and patent/trademark law, can also expect to pay higher premiums.

New attorneys who are getting a firm established and who don’t have any clients yet might sometimes wait for people finding a personal injury attorney before they bind coverage on their first insurance policy. However, any chance for providing legal advice is an opportunity as well for people to rely on faulty information. That is why it is critical for new lawyers to seek professional liability coverage as soon as they get their first license for practicing law.

For help with understanding how your policy can either hurt or help your case, we encourage you to contact us or call us at 361-882-5605 for your FREE case consultation today!

Recognizing The Most Dangerous Jobs In Corpus Christi

Discover Which 5 Occupations In Corpus Christi Are The Most Dangerous

Corpus Christi has a very healthy job market and this benefits many people in the region. It also has quite a lot of commercial activity and commerce which further makes this a great place. The majority of the businesses and the work available are in heavy industry and this can sometimes be dangerous work. As a matter of fact, this city sees excessive injuries in the workplace and even some deaths each year.

Corpus Christi is a city that experiences a high level of injuries in the workplace and we have developed National recognition towards advocating on behalf of victims and their loved ones. Consequently, we have leveraged more than a hundred years of combined experience that helps with the many clients who have been injured in the course of performing their work. On behalf of families who have lost a loved one in a fatal accident while engaged at work, our efforts continue to try and help those as well. We, therefore, know what jobs have the greatest risk and this experience allows us to better help those going through this situation and the victims to pursue getting properly compensated for it.

What Are The Most Dangerous Occupations In Corpus Christi

1. The oil industry is absolutely one of the biggest in the area. There are jobs related to production, refining, distribution, extraction and unfortunately, these are all among some of the most dangerous jobs in the area. According to the US Department of Labor, there are literally thousands upon thousands of injuries which involve workers in the oil fields around distribution and refining of crude oil. This industry is also plagued by explosions and fires that further cause serious injuries.

2. Offshore occupations related to the oil industry are extremely dangerous and regularly expose workers to potential dangers and injuries. Those who work in offshore jobs are at risk of catastrophic injury and even wrongful death.

3. This area also has quite a few commercial and residential construction jobs because of its job opportunities. In these jobs, workers are exposed to dangers such as electrocution, falls, injuries related to working with machinery and other equipment and even objects that fall to the ground on top of someone. According to OSHA, there are as many as 200,000 injuries suffered by construction workers and in recent years over a hundred people that have died Statewide.

4. The transportation industry is another of those thriving in Corpus Christi. Having to transport heavy vehicles and hazardous materials those that work in the industry have a high rate of injury and even fatal incidents. Even those that are involved in services in the transportation of goods face similar risk that the other drivers do when traveling public roads and highways.

5. Plant workers are considered to be in a completely different segment of the workforce but they too are at high risk for injury and even sometimes death. They often handle hazardous material and work with heavy machinery and they come in close proximity to live electricity. In fact, some of the most catastrophic workplace events have been in plants and other similar facilities.

In Conclusion

Even though the occupations that we have been speaking about have substantially higher risk than some other jobs, any employee can be injured while working on the job. It is especially dangerous when third parties fail to live up to the safety regulations required or failed to ensure that the worker is in a safe environment. It is important if you are loved one has been injured in a work-related accident that you know what your legal rights are. In many cases, you can be fully compensated. But time is important in these situations and therefore you are strongly encouraged to quickly bring your situation to a personal injury attorney in Corpus Christi so that they can immediately advise you on a plan of action. You can get started today by simply contacting us and getting a free consultation.