Tag: motorcycle accident

A Corpus Christi Attorney Talks About Common Incidents That Lead To A Wrongful Death

Top Incidents Leading To Wrongful Death Cases

When a loved one’s death is the result of another party’s negligence, it may be wise to consider pursuing a wrongful death action in the aftermath. A wrongful death case is a type of personal injury action designed to compensate surviving family members for what they have lost and also to hold negligent parties responsible. Thousands of deaths occur each year because of actionable negligence, and there are several types of fact patterns which appear more often than others. The paragraphs that follow articulate some of the most commonly litigated scenarios leading to financial recovery for victims’ families. If any of these describe what happened to your family member, consideration of a wrongful death lawsuit may indeed be wise. Contact a Corpus Christi wrongful death attorney at The Law Office Of Jerry J. Trevino for assistance.

1. Physician Malpractice

Studies have revealed that more than 250,000 individuals per year die in the United States because of medical errors. As such, these mistakes represent the third leading driver of deaths in the country. While not every victim initiates a claim under such circumstances, the massive costs of hospitalization, drug costs, and other incurred expenses lead many to do just that. The rubric of medical malpractice encompasses a wide array of negligent acts and omissions, such as:

* Failure to diagnose
* Misdiagnosis
* Mishandled labor and delivery
* Lack of post-surgical monitoring
* Surgical mishaps
* Improper administration of drugs or anesthesia

2. Car Accidents

Statistics show that in 2017, more than 40,000 individuals died in vehicle crashes across the United States. Though this represents a decline from prior years, Texas itself has seen the number of traffic deaths rise between 2015 and 2017. The reasons underlying these events include things such as driving while intoxicated, a fatigued operation of a vehicle and distracted driving. If someone you love died because another party engaged in this type of behavior behind the wheel, a wrongful death lawsuit is certainly something to contemplate. When death is the result of defectively designed or manufactured vehicle components or systems, loved ones may be able to pursue the maker of such products for the losses sustained.

3. Pedestrian And Cyclist Accidents

The same types of negligent driving that can kill other motorists can and do cause the deaths of an unacceptable number of cyclists and pedestrians. Roughly 600 individuals on foot died in Texas in the year 2015 because of a driver’s negligence. Initiating a claim in this category is not unlike doing so in the traditional auto accident context. A Corpus Christi wrongful death attorney will be able to review the facts and provide essential advice about how to move forward with such a claim and how Texas’ adherence to a comparative negligence standard may impact your recovery.

4. Defective Products Cases

The United States sees thousands of cases each year involving defective consumer products of all types. When a faulty design or manufacturing process leads to the death of a product’s user, a wrongful death claim may indeed be launched. Products that frequently form the basis of this type of litigation include prescription drugs, auto components, appliances, cosmetic devices, power tools and more.

Contacting An Experienced Corpus Christi Wrongful Death Attorney

The above list is not intended to be exhaustive, and there are numerous other kinds of circumstances capable of yielding a wrongful death claim. No matter if your loved one’s death was the result of an intoxicated driver, a faulty product or a negligent doctor, you may be able to recover substantial monetary compensation. Speak with a Corpus Christi wrongful death attorney today to learn more about the process of pursuing fairness and accountability from those responsible for the losses you have experienced. (361) 882-5605.

Getting Compensated For Work Injuries With A Corpus Christi Construction Accidents Attorney

Securing Compensation For Workplace Injury Victims Alongside A Corpus Christi Construction Accidents Attorney

Though lots of different lines of work present the potential for serious physical injury, construction jobs and the construction industry, in general, tend to be amongst the most hazardous of all. Roughly 150,000 individuals experience on-the-job construction injuries every year, and the sector is responsible for the greatest number of accident-related deaths, based on OSHA data. Laborers in the construction realm must confront a series of distinct hurdles in terms of getting the compensation they deserve. Because accident sites in Texas tend to change quickly, key evidence is often disrupted in the aftermath of an incident. Litigation in this area of the law can also be challenging due to the numerous relationships that exist between contractors, subcontractors, employees, vendors, engineers etc.

What A Construction Accidents Lawyer In Corpus Christi Can Do To Help

The Law Office of Jerry J. Trevino is staffed Corpus Christi Construction Accidents Attorneys who understand construction site accidents and how best to secure the compensation that victims need. Because construction accidents are known for the devastating injuries they yield, many workers find themselves unable to return to work in their previous capacity, if at all. The financial difficulties that follow can be severe indeed. The construction attorneys with our firm align with subject matter experts able to conduct thorough investigations into what occurred and formulate convincing legal arguments on every client’s behalf. While numerous federal regulations exist in order to keep construction sites as safe as possible, not every party is familiar with them. Should you find yourself involved in an accident that has produced serious harm, the best way to obtain full and fair compensation is to form a relationship with an attorney who grasps the nuances of construction law. In most cases, workers compensation law will apply, so knowledge in this practice area is key.

Typical Corpus Christi Construction Site Accident Scenarios

Given our firm’s substantial experience with construction site accident cases, we are fully prepared to handle a variety of incident types, including those related to:

* Ladder falls

* Scaffolding collapses

* Construction equipment tip-overs and collisions

* Trench Collapses

* Defective machinery or equipment

* Electrical burns and shock events

* Explosives mishaps

* Slip and fall incidents on site

If a construction site accident ensnares you or a loved one, the medical expenses, lost wages, and reduced earning capacity going forward can be crippling. Catastrophic harm regularly comes from these types of incidents, and this can include spinal cord damage, traumatic injury to the brain, severe fractures, internal organ damage and even death. Our Corpus Christi Construction Accidents Attorneys engage in a comprehensive investigation of the facts at hand to determine any and all parties that may share in the responsibility. It may be that a workers compensation claim, as well as a third-party claim for damages, will both be applicable in a given matter.

The Intersection Of Workers Comp And Third Party Litigation

Though securing compensation through the worker’s compensation system does not demand that you establish negligence on the part of an employer, the end result is typically less compensation than a traditional injury lawsuit might bring. Thus, it is not uncommon for our firm to examine whether a third-party negligence claim might be available in addition to a workers compensation claim. There are many parties other than the claimant’s direct employer who may share in the blame for losses sustained. These might include:

* General contracting firms

* Sub-contractors

* Equipment manufacturers

* Engineers

* Architects

* Property owners

Make Contact With A Corpus Christi Construction Accidents Attorney

It is quite possible that our firm can assist in your quest to secure payment for medical costs, lost income, physical pain and suffering, emotional distress, spousal relationships, ongoing therapy and more. We will carefully assess the specifics of your event to determine precisely what might be recoverable on your behalf. A Corpus Christi construction accidents attorney with the Law Offices of Jerry J. Trevino is prepared to leave no stone unturned when it comes to searching for the truth and identifying every single negligent party. By establishing a strong working relationship with a seasoned construction accident practitioner in Texas, you can rest assured that your matter receives the attention and zealous advocacy required. Construction site incidents can alter the lives of victims and their entire families forever, and that is why nothing should be left to chance. Whether you are in Corpus Christi or a surrounding community, we stand ready to offer a no-cost initial consultation. Make sure to contact a Corpus Christi Construction Accidents Attorney right now for legal representation. Call us at (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.

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?

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.

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!