Tag: motorcycle accident attorney

Premises Liability Cases

A Corpus Christi Lawyer Covers The Types Of Premises Liability Cases In Texas

Whenever you are injured on someone else’s property and this injury was the result of negligence or unsafe conditions, then under premises liability law the owner may be held liable for any damages incurred. A premises liability case is one of the most difficult kinds of cases to pursue in the state of Texas since they frequently are quite complicated and require the plaintiff to prove numerous elements in order for the case to be successful. Below we have given a breakdown of premises liability law in the state of Texas, including the elements that you have to prove in order for a case to be successful. A knowledgeable Corpus Christi premises liability lawyer at the Law Office Of Jerry J. Trevino will be able to assist you to see if your case is strong for premises liability as well as help you determine what is the best action to take.

Kinds of Premises Liability Cases in the State of Texas

There are several different kinds of liabilities that are encompassed by premises liability cases. It is critical to identify what type of premises liability case you are going to make since different elements have to be proven for each type.

1. Standard Premises Negligence Case

Typically standard premises negligence cases involve the claim that there was a dangerous circumstance or condition that involved the property that caused the plaintiff to be injured. For instance, if there was an extension cord that was strung over a room that was tripped over that would be grounds for the standard premises negligence case. To prove liability in that kind of case, the following would need to be established by the plaintiff:

  • There was a dangerous condition that existed on the property
  • An injury was caused by the condition
  • The premises owner operator knew, created, or should have been aware of the condition
  • The premises operator failed to get the condition corrected before the injury took place

2. Negligent Activity

A case involving negligent activity involves a claim where it is alleged that the plaintiff was injured by an employee of the defendant while working on their premises. For instance, if an employee hit a person while driving a forklift that could be grounds for the negligent activity case. To prove liability in this type of cases, the following must be established by the plaintiff:

  • The employee didn’t act the way a prudent individual would act under those same circumstances
  • Their behavior results in the plaintiff being injured

3. Negligent Undertaking

In this type of case, there is a claim that the property owner assumes a duty or obligation where she or he otherwise would not have one. This most frequently involves a tenant/landlord relationship in premises liability law. For instance, when a tenant informs the landlord of a maintenance issue and the landlord fails to get the problem fixed, and it results in an injury, then that can be grounds for the negligent undertaking case. To prove liability in this type of case, the following must be established by the plaintiff:

  • A duty was assumed by the premise operator to the plaintiff
  • The premise operator was relied on by the plaintiff to perform this duty
  • The premise operator failed to perform the duty and as a result, the plaintiff was injured

4. Negligent Activity Versus Premises Liability Cases

In premises liability law in the state of Texas, among the most critical distinctions that need to be drawn is the difference between a negligent activities case and standard premises liability case. That is important since more elements must be proven when it is a standard liability case compared to a negligent activities case. A negligent act occurs whenever there is an ongoing activity that causes a plaintiff to be injured. If it is not an ongoing act when the injury occurs, then the case will be considered to be a standard premises liability case instead. For instance, if something is spilled on the floor by an employee who then fails to clean it up, and then a customer is injured in a slip and fall accident, that could be considered to be a standard liability case, since the negligent acts weren’t ongoing when the injury occurred. If a loved one or you have suffered injuries due to another’s negligence, you should consider seeking compensation for the injuries. An experienced Corpus Christi premises liability lawyer will help fight your case to hold the party that is accountable for the actions they have taken.

If you need to speak with a Corpus Christi premises liability lawyer, contact the South Texas Law Offices of Jerry J. Treviño. To schedule a free consultation, call 361-882-5605.

Car Accident Lawyer: The Most Expensive Luxury Vehicles To Crash In Corpus Christi

Corpus Christi Accident Lawyer: The Priciest Cars To Crash

Many individuals dream of owning flashy, expensive cars. However, it is very important to have a good idea of what the expenses are that are involved in owning one of those cars. Luxury vehicles, sports cars and other types of expensive cars are not only costly buy; they are quite expensive to maintain, and also repair when necessary. The following are a couple of the most expensive cars that can be crashed, so consider this information before buying a luxury car. If you ever are involved in an auto accident you should contact a car accident lawyer Corpus Christi right away to get assistance.

Luxury Vehicles Lead The List In Collision Costs

Data is collected by the Insurance Institute for Highway Safeway from collision reports so that the cost of repairing different vehicles can be determined. The most expensive ones to repair are luxury models. Even something basic like a broken headlight may cost hundreds of more dollars for a luxury car compared to an economic model. The average cost to repair a standard passenger car is about $390. However, the vehicles below will cost a lot more repair. This data is measured by the IIHS using claim frequency, which is the rate owners report claims and losses on the vehicles. Claim severity is the average worth of a claim and overall loss is the average payments per year on an insured vehicle.

Bentley Continental GT (4-Wheel Drive Model)

This four-wheel drive luxury vehicle is number one on the IIHS list for having the highest collision costs. It has a $2,500 average overall loss, which is around six and a half times more than the U.S. average. This luxury coupe’s claims frequency is about 5.1, and its claim severity is around $35,000. That is around the total cost of a U.S. standard passenger coupe. To see whether you have a case, click here.

Bentley Continental Flyer Spur

This is the second most expensive vehicle to crash. It is the four-door Bentley model version of the Bentley Continental GT. The Flying Spur’s repair frequency is 8.1 and has an overage loss that averages around $2,300. It has an average severity of claim of about $29,000 on the Flying Spur.

Bentley Continental GTC

The Continental GTC model is in third place to give the British automaker Bentley the top three spots. The claim frequency on this convertible model is 6.5, and its severity averages at about $29,000. The overall losses are at around $1,900 for the Continental GTC.

BMW I8

The fourth most expensive vehicle to brash is the I8 hybrid sports coupe from BMW, the German automaker. This model’s claim frequency is 7.7, with its average claim frequency being around $22,000. The BMW i8 has around an average $1,700 overall losses.

Maserati GranTurismo

The overall loss on the GranTurismo is around $1,500 or four times higher than the average. The claim frequency on the vehicle is 8.5, and the luxury sports coupe is more expensive compared to some of the luxury models that are on the list. This Maserati model has around a $19,000 average claim severity.

BMW M6

This is the sixth most expensive vehicle to crash. The BMW M6 has an 8.6 claim frequency and around a $17,000 average claim severity.

Audi RS7

The Audi RS7 is in seventh place with a $16,000 average claim severity and an 8.7 claims frequency. The Audi RS7 has around a $1,400 average overall loss.

BMW M3

The M3 is the third BMW model making the top ten. It has an 8.0 claim frequency and average claim severity of about $1,700. Usually, the overall losses on the M3 are about $1,400. If you own one of these vehicles already or can afford to buy one, take your time and be sure to thoroughly investigate the warranty offerings from the manufacturer, find a trustworthy service center, and ensure you are comfortable with all of the financial obligations associated with the price tag before you make a purchase. Expensive cars don’t just have an initial high price tag; over time they also have the higher total cost of ownership.  This happens with maintenance, car detailing, insurance, etc.

Meet the legal representatives at Trevino Law Firm.. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more articles.

A Corpus Christi Car Accident Lawyer Lists Interesting Facts About Traffic Accidents

Texas Traffic Accident Facts With A Car Accident Lawyer In Corpus Christi

Traffic accident crash data is generated by the Texas Department of Transportation for the state of Texas using statistics gathered from accident reports that are created by state officers. These reports reveal some interesting facts about traffic or car accidents each year. If you need legal help, make sure to contact The Law Office Of Jerry. J. Trevino.

Texas Accident Facts for the Year of 2015

  • A person dies in a traffic accident in the state of Texas every 2 1/2 hours
  • A person is injured in a traffic accident every two minutes and 8 seconds
  • Traffic crashes are reported every 61 seconds
  • Traffic accidents resulted in 246,335 people being injured in Texas
  • Crashes involving alcohol as a contributing factor resulted in 960 people being killed
  • Alcohol-related crashes were responsible for 27% of all fatal accidents
  • Crashes involving drunk drivers mostly occurred between 2 AM and 3 AM
  • Saturday is the day when most drunk driving accidents occur
  • Head-on collisions killed 581 people in the state
  • The deadliest day in Texas for fatal traffic crashes was on September 26
  • The deadliest month was October, with 356 people losing their lives in traffic accidents

In 2015, there were more than 13,000 car crashes resulting in serious injury, with over 17,000 people suffering from serious injuries in these crashes. A person was killed every day in a traffic accident in the state of Texas in 2015. As you might expect, most serious injury traffic accidents occurred in the parts of the state with the most population. Two contributing factors are traffic flow and the number of drivers. Click Here to see if you have a case.

Crash Facts for Corpus Christi

Harris County is the deadliest county in the state of Texas but when it comes to serious injury traffic accidents and traffic fatalities, stats are also crazy in Corpus Christi. Corpus Christi statistics reveal:

  • There were 338 fatal crashes that resulted in 362 deaths
  • Car accidents resulted in 2302 being seriously injured
  • Another 10,854 suffered from non-serious injuries
  • There were a total of 33,009 injuries mentioned on crash reports

Serious Crashes Require Serious Legal Representation

Call the Jerry J. Trevino Law Firm if you’ve been in a serious automobile crash and are seeking legal representation or advice on what your next step should be. Discussing your claim with us won’t cost you anything, and you’re not obligated to retain our services. If we agree to work together after discussing your case, you will only be charged a fee if we are able to recover money for you. Don’t waste any more time. If you’ve been injured in a car accident, give us a call now. We’re here to help. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles. Don’t hesitate to contact a car accident lawyer Corpus Christi.

Experienced A Bicycle Accident – Consult Our Auto Accident Attorney

Dental Injuries and Bicycle Accidents – Auto Accident Lawyer in Corpus Christi

If you suffer severe injuries to your teeth, it’s difficult to chew, grind through food and then swallow and digest it. The facial trauma suffered in a bicycle accident is likely to result in dental injuries that directly affect both the chewing and digestive processes. Secondary to those issues come speech and cosmetic concerns.

The Rider’s Mouth is Exposed

When a bicycle rider injures his or her mouth in a crash, it’s most likely the result of an impact with the ground. Sudden deceleration operates to launch riders over their handlebars, and because bicycle helmets provide little protection for the chin and teeth, they’re vulnerable when the rider impacts in a prone position. Serious dental injuries can result, especially for a victims front upper and lower teeth. Those injuries can include chipped, fractured, displaced or even lost teeth. If a motorist caused the crash, or a road wasn’t properly maintained by a governmental entity, the bicyclist might have a viable personal injury claim.

Damages You Can Seek

We all know that dental work is costly, and serious dental injuries will require multiple visits. Dental services aren’t covered under most health insurance policies, but such services for dental injuries are often covered. You’ll want to check your policy in that regard. If your injuries were caused by the negligence of a motorist or a governmental entity that failed to properly maintain the road that you crashed on, some of the damages that you can seek compensation for include your:

  • Medical and dental bills
  • Lost earnings
  • Any permanent disfigurement and disability
  • Pain and suffering

Displaced, fractured or missing teeth are painful, and they’ll affect what you eat, how you speak, how you see yourself and the impression that you make on others. These types of injuries are likely to require costly crowns, implants or bridges. You’ll want to visit with a qualified personal injury attorney in Corpus Christi as soon as possible after your accident to discuss your options. Nearly all such attorneys take cases like these on a contingency fee basis where no legal fees at all are due unless he or she obtains a settlement or verdict for you. The legislature has only given you a limited amount of time to take action, especially if a governmental entity was involved in your accident. Get that consultation and case evaluation sooner rather than later.

Call us now or contact The Law Offices of Jerry J. Trevino with any questions you might have.

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.

According 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.

Always 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?