Blogs - McKinney Personal Injury Lawyer

How Long Do I Have to File a Texas Truck Accident Claim?

Texas has a statute of limitations outlining that following a truck accident, you have a certain period to file a personal injury lawsuit. Generally, this time frame is two years from the date of your accident.

In general, if you don’t follow these guidelines, there’s a risk of losing your chance to be compensated for your injuries, even if the other driver is at fault. This is why it’s important to contact a personal injury attorney to file your claim quickly and not wait for days or weeks after a truck accident collision.  Avoid the risk of a statute of limitations violation by hiring a reputable Texas truck accident lawyer to help with your case.

How Long Do You Have to File a Truck Accident Claim? 

As mentioned, there’s a two-year statute of limitations under Texas law for negligence claims. This means that if you sustain an injury in a truck collision, you’ll have these two years starting from the date of your accident to file your lawsuit. If you don’t file your lawsuit before this time frame expires, it may lead to the dismissal of your case. While it may seem that two years is a long time, you’ll want to act quickly. The evidence that helps support your truck accident case is time sensitive. The quicker you begin the investigation process, the better chance of finding helpful evidence.

It’s essential to note that while you have two years from the date of your truck accident to file a lawsuit, the preservation of evidence process and the claim should start long before the expiration date of this period and immediately after the collision.  Another very important factor for not waiting to contact an attorney is the locating and interviewing of witnesses. 

Because of this, you should hire an experienced truck accident attorney who will send vital letters to the truck company and their insurance company as soon as possible, including representation and preservation letters as well as a request for them to be able to inspect the truck. The skilled lawyer will also be able to gather qualified experts to perform this inspection.

What if the Truck Accident Involved a Texas Government or Emergency Vehicle?

If your truck crash involved a state government employee who was on the clock or a government-owned vehicle, it will reduce the time you have to file your claim even more. Under the Texas Tort Claims Act, your Texas truck accident attorney must serve written notice of the injuries you sustained, any facts of the case, and any evidence against the agency within six months of the crash. If your collision involved a county, state, or city agency, it’s vital you contact a knowledgeable truck collision attorney right away.

What if You Have a Love One Who Died in a Truck Collision?

If a negligent truck driver causes the death of a family member, your truck accident attorney in Texas will help you hold the truck agency financially liable for certain damages. Similar to other types of truck collision cases, you still have the two-year statute of limitations time frame to file your suit against the trucking agency for wrongful death.

The Risks of Noncompliance 

As noted, there are significant consequences of a statute of limitations noncompliance.

If your case may be dismissed with prejudice, it will cause you to lose out on any future ability to pursue it again. There may be certain circumstances where you’ll be able to pursue your case following the two-year time frame, even if you have a strong underlying case for liability.

The Truck Accident Claim Filing Process 

Many individuals believe that attorneys take all personal injury cases to court. However, this isn’t true. Only 4% or 5% of civil claims actually end up in court. Often, personal injury attorneys push to negotiate claims outside of the courtroom.

Typical steps a truck collision attorney takes after receiving your call are: 

1. Investigate the Accident Scene and Collect Evidence 

Any time you file a truck crash injury claim, you’ll need to prove the other truck driver was at fault for the accident. This will require collecting and analyzing evidence. Your Texas truck accident lawyer will start by:

  • Taking witness statements
  • Reviewing the police accident report
  • Obtaining any available camera/video footage

They’ll also look at medical information pertaining to your injuries and work with an accident reconstruction team.

2. File a Claim With the Insurance Company 

Since truck accidents often involve more than a single insurer, claims are often complex. In some cases, the truck driver is solely at fault. In other cases, another driver, the trucking company, or a municipality may also bear some of the liability for your injuries. An experienced truck accident attorney will collect the information needed to send the insurance companies a demand for settlement so you can seek and recover compensation for your pain and suffering, lost wages, medical bills, and other losses associated with the collision.

3. Negotiate a Settlement With the Insurer 

After the insurance company receives your claim information, they will evaluate the claim and may make an initial offer.  Your experienced attorney will then make attempts at negotiating with the insurance company to get you a fair and reasonable offer of settlement. 

4. If Negotiations Fail

If the insurer refuses to pay a fair settlement to you and the settlement discussions break down, your attorney will then discuss with you the options of filing a lawsuit.  Many factors go into making this decision, and you should be involved in that process. May take the case to court. It may take some time to get a court date since Texas courts are busy. Because taking a case to trial is complex, your truck accident lawyer will be prepared to fight every step of the way from the beginning of your case to when the jury hears the case.

Contact the Skilled Texas Truck Accident Lawyer Dale Rose to Schedule a Free Consultation Today 

If you’ve sustained injuries in a commercial truck collision, you shouldn’t attempt to pursue a legal claim by yourself. With the help of Dale R. Rose, PLLC, you could recover fair compensation for your injuries and other losses.

Working with a knowledgeable truck accident attorney like Dale Rose protects you from the tricks that insurance companies often play. Keep in mind, the insurance companies you’ll face have their own legal team advising them. By hiring an experienced attorney, you level the playing field, and your best interests are top priority. Call Dale Rose today at (972) 634-ROSE (7673) or complete our contact form to schedule your free consultation and case review.

Myths About Filing a Texas Personal Injury Claim

Around 55 million individuals in the U.S. requested medical care in 2020 for accidental injuries, according to data the National Safety Council (NSC) cited. Recovering from a severe accident may be daunting, long, and costly. You have the right to hold the responsible party liable for any injuries you sustain, but it’s best to do so with the help of an experienced Texas personal injury lawyer who knows the ins and outs of personal injury law.

There are many myths about the personal injury claims process. Here we’ll dispel seven common misconceptions about filing a Texas personal injury claim.

7 Common Myths Surrounding the Personal Injury Claim Process 

Common myths that surround Texas personal injury claim cases include:

Myth #1: A Minor Injury Isn’t Enough to Seek and Recover Compensation 

False. You’re entitled to seek financial compensation from the responsible party regardless of how severe your injuries are. If you endured pain and suffering, sustained lost wages, and required medical care due to the accident, you’ll want to speak with an experienced Texas personal injury lawyer.

Myth #2: You Can Deal With the Insurance Company On Your Own 

False. Insurers are often extremely aggressive. Their priority is their financial interests and not doing what’s best for you and your loved ones. Further, insurance companies place a great deal of resources into hiring and training adjusters who develop strategies and tactics to limit payouts. After a severe accident, you should retain and be represented by a highly-skilled Texas personal injury attorney.

Myth #3: Every Settlement Offer Is Considerable 

False. While certain personal injury cases may result in considerable payouts, most settlements are fairly modest. The personal injury claims process enables the injured parties to seek and recover compensation from the negligent or reckless party to cover costs linked to the accident, such as:

  • Lost wages
  • Medical bills
  • Physical therapy
  • PTSD treatment

This means that claims involving minor injuries often result in settlement offers much less than claims involving significant injuries requiring lengthy hospital stays, ongoing medical care, and permanent disfigurement. Your Texas personal injury attorney will help you go over all the details of your case to determine the appropriate amount of compensation you should expect to get from the liable party.

Myth # 4: It’s Not Necessary to Visit a Doctor 

False. Following an accident, some types of injuries are noticeable and require medical attention right away. But, you may not believe your injury is serious enough to warrant a doctor’s visit. How strong your personal injury claim is will often rely on the quantity and quality of evidence to prove the physical, emotional, and financial toll the accident has had on your life. 

Visiting a doctor within a day or two after an accident will allow a doctor to evaluate you for those injuries that are often harder to detect, such as internal bleeding or concussions. It also enables them to create detailed documents regarding the extent, nature, and prognosis of your injuries. When you begin to prepare your personal injury claim, medical records like these will help corroborate your request for fair compensation. 

Myth # 5: You Don’t Require a Personal Injury Lawyer if You Have Insurance 

False. If the accident was not your fault, you shouldn’t have to use your own insurance at all.  Insurance companies will always try to give you as lowball of an offer as possible for your damages and losses. They don’t have your best interests in mind when they assess the accident details. Insurers might try to question your claim, such as how severe your injuries and sustained damages are.

You need to be careful what you say to insurers. They often use what you say against you in order to limit how much compensation they pay out to you. An experienced personal injury attorney in Texas will help you build a case for your accident that could potentially get you a far better payment.

Myth # 6: You Can’t Sue if You Were Partially Liable 

False. Many individuals believe that when they have a partial fault in an accident, they aren’t able to sue for losses and damages. This isn’t the case. In many states, you’re able to seek compensation for damages resulting from an accident, even if you were partially at fault. But, the amount of compensation you’ll receive could be decreased depending on the degree of fault you were at. 

In the state of Texas, things are done a little differently than in other states in regard to accidents. Texas goes by a modified comparative negligence guideline or rule. What this means is that even if you’re at fault partially for an accident, you still have the ability to sue for damages. But, if you were found to be more than 50% at fault, you won’t be able to recover any compensation.

Myth # 7: You’ll Always Recover Compensation for your Damages 

False. Unfortunately, you’re not always guaranteed to recover compensation for your losses or damages if you’re a personal injury accident victim. Texas will use modified comparative negligence to determine fault for losses and damages if you’re involved in a vehicle accident. If your personal injury case goes to court, how much compensation is awarded will depend on the details of the claim and the judge. For instance, comparative negligence will look at all involved parties’ percentage of fault in a vehicle accident.

If you believe the other driver is responsible for the accident, but you’re still found to be 30% at fault for the accident in court, this percentage of fault reduces your compensation. Now, if you’re found to be 51% (over half) or higher at fault for the vehicle accident, you’ll be deemed negligent in the state of Texas.

Why It’s Important to Hire a Skilled Personal Injury Attorney 

A reliable personal injury lawyer will not just understand the uncertainty and stress that comes with being injured, but they’ll also work hard to get their clients the victory they deserve. Most personal injury lawyers have years and years of experience in dealing with a variety of personal injury cases, from medical malpractice to car accidents. They’ll work hard to ensure you are compensated for your injuries adequately.

A skilled personal injury lawyer will take the time to listen to your side of the story. They’ll come up with a legal plan tailored to your specific needs and situation. They’ll offer you honest advice and guidance throughout the whole claim process. They’re committed to providing you and your family with the highest level of legal services possible. They know it’s a hard time for you and your whole family, and they will do everything possible to ensure your rights are protected. 

Contact an Experienced Personal Injury Attorney at Dale R. Rose, PLLC, Today 

Dale Rose, TX personal injury lawyer, fights aggressively to ensure you and your family secures the fair and full compensation you’re entitled to following an accident. He’ll answer any questions you have about the personal injury claims process. Whether you’re partially at fault for the accident or not, we’ll do our very best to get you the compensation you deserve.

We’ll provide you with a free consultation to assess your case and go over the details of your potential personal injury claim. Call us at (972) 634-ROSE (7673) or fill out our contact form today to begin the personal injury claims process.

Who Is Responsible for a Motorcycle Accident in Texas?

In 2020, 412 individuals were killed in Texas in motorcycle accidents, averaging more than one individual every day. Over 1,800 individuals were severely injured. Motorcycle accidents may lead to more serious injuries since they don’t come with the regular safety features that vehicles have, like airbags, seatbelts, and enclosed spaces. They simply don’t offer much protection to riders.

Motorcycle crashes frequently involve catastrophic injuries. For individuals who sustain injuries, as well as for their families, life often isn’t the same again. A skilled Texas motorcycle accident lawyer will help you hold the responsible party liable for their actions.

Driving Behaviors That May Increase Your Chance of Being Held Liable 

Certain driving behaviors may cause motorcycle riders to be found liable for an accident, including:

1. Lane Splitting 

Driving between two lanes of traffic isn’t legal in Texas. Despite this, some riders will do this because it helps them reach their destination quicker. But, if you’re lane splitting (also referred to as white-lining or lane sharing), and you are in a collision, you’ll likely be found at fault for the accident, and you might not be able to receive compensation for any injuries you sustain. 

2. Driving Under the Influence of Drugs or Alcohol

Like vehicle drivers, motorcyclists who get behind the wheel drugged or drunk lack the reaction time and judgment they’d typically have if they were sober. If they’re involved in a collision while under the influence, they are looking at some severe consequences. Depending on the situation and the type of injuries involved, a motorcyclist who drives while intoxicated and causes a collision may face criminal prosecution and civil lawsuits.

3. Speeding 

If you speed and are going much quicker than the rest of the traffic, you’re risking other drivers not being able to properly judge how fast you’ll come upon them. They may make turns or change lanes that could put your life in danger as well as any passengers you may have on the motorcycle. Since you are breaking traffic laws when you speed, you will likely be found at fault. This is also true if you’re driving aggressively or weaving in and out of traffic.

4. Driving Distracted 

The top causes of motor vehicle accidents are texting and distracted driving. Motorcyclists are frequently injured or killed by drivers who are driving distracted. But in some cases, motorcyclists put themselves at risk because they engage in texting or distracted driving behaviors. Always keep your mind and eyes on the road to minimize your chances of a collision.

Inexperienced motorcycle riders may also potentially be held liable for accidents. To handle a motorcycle properly, it takes experience and skill. Without this knowledge, it increases the risks.

Riding a motorcycle without a license will definitely increase your likelihood of being found at fault in an accident. According to Texas law, all motorcyclists must be licensed and take a motorcycle safety course before receiving their license. If you ride a motorcycle without a license, you’re breaking the law, and if you’re involved in an accident, even if you believe you didn’t do anything unsafe, you may still be found liable for the crash.

How to Establish Liability in a Motorcycle Accident

Unfortunately, with all the biases against motorcyclists, you can be extremely safe and do everything right but still be found at fault for a crash that caused you harm. Reckless drivers know that if they blame part of the cause of the accident on the motorcyclist, they may get out of being held liable themselves.

Texas law states that drivers owe other individuals on the streets a “duty of care.” This means they must adhere to all the rules of the road and keep other individuals around them safe. A motorcyclist would be found negligent and at fault for your injuries if:

  • They were driving recklessly, which violated this duty
  • Their behavior causes you or someone you love injuries
  • You have damages (i.e., pain and suffering, lost wages, medical bills, or more)

For you to have a successful case, you will need to prove all three of those elements. But, while this may seem fairly easy to do, this is where Texas law becomes complex.

Texas’s Modified Comparative Negligence Law 

Accidents are frequently nuanced and hardly ever caused by one individual, defective part, or company. Often it’s multiple failures coinciding that cause a collision. Texas’s modified comparative negligence laws are put in place to ensure individuals receive compensation that is in proportion to their “level” of fault in an accident.

So, you could be up to 50% liable for a collision and still receive compensation. But, if you’re 51% or more liable for the collision, the insurance company doesn’t have to and probably won’t pay your damages.

How to Get Maximum Compensation for Your Damages 

While it’s impossible to really estimate the value of your case, you can still protect your potential settlement value by:

1. Never Admit Fault for the Injuries You Sustain 

Even if you’re partially at fault for the injuries that you sustained in a motorcycle accident, you shouldn’t ever admit fault until your Texas motorcycle accident attorney conducts a thorough investigation.  Also, you should minimize contact you have with all involved parties, including:

  • The at-fault party
  • The insurance companies
  • Any witnesses

Anything you say in a motorcycle accident case may be used against you. Therefore, it’s important that you limit your conversation to just your lawyer.

2. Follow All Instructions Your Doctor Gives You 

While recovering from your motorcycle accident, you might receive treatment from a range of doctors and medical specialists. So, if they prescribe therapy, rest, medication, or another form of treatment, you should follow their instructions carefully. You could impact the validity of your claim by not doing so.

3. Do Not Wait to File Your Claim 

Under Texas Civil Practice and Remedies Code Title 2 § 16.033, there’s a two-year statute of limitation in Texas on motorcycle cases. You shouldn’t wait until this two-year deadline before filing your claim. In fact, the longer you wait to file, the less value you may be able to recover.

4. Establish Liability and Fault for the Accident 

For your case to be successful, you need to establish the at-fault party for the crash and show how the crash led to your injuries. You’ll need to collect evidence like:

  • Police reports
  • Medical records
  • Video footage and photos
  • Eyewitness accounts

Once you establish that the other party is liable and you provide clear evidence, you may then submit all documents to their insurance company and begin negotiating a settlement.

5. Document Everything 

You’ll want to document all interactions you have with all involved parties. These interactions include:

  • Police reports
  • Medical bills, reports, and receipts
  • Conversations with all parties
  • The contact information of the at-fault party
  • Symptoms related to your injuries

Always reject an unfair settlement. If you feel like the liable party’s insurance company is giving you a lowball settlement offer or won’t cover your damages, then don’t accept the offer and speak with your motorcycle accident lawyer.

Reach Out to Skilled Motorcycle Accident Lawyer Dale Rose Today 

If another individual’s negligence caused you to sustain injuries while riding a motorcycle, Dale R. Rose, PLLC, will help. Dale Rose is a highly-trained motorcycle accident attorney in Texas and knows the severe consequences that motorcycle accidents present, including pain and suffering, life-changing injuries, and lost earning capacity. Having a reliable lawyer by your side in complex motorcycle accident cases is essential so you can focus your attention on recovering.

Call Dale Rose today at (972) 634-ROSE (7673) or fill out our contact form to schedule a free consultation and case review.

Steps to Prove Fault in a Texas Truck Accident Claim

Due to the sheer size of commercial trucks, the destruction in most collisions may result in severe, life-changing injuries or even death. The legal system in Texas does offer victims an avenue to recover compensation for their injuries, as long as they and their lawyers can prove the negligence of the other drivers. 

If you’ve been involved in a collision with a commercial truck, you may be wondering who’s at fault. In a truck accident, proving fault is a complex matter, frequently requiring the help of an experienced Texas truck accident attorney with experience and knowledge in truck accident cases.

How Is Fault Proven in a Commercial Trucking Accident? 

In commercial trucking accidents, evidence is used to prove the at-fault party. Following a truck accident, you should take photos of the accident scene, any injuries you’ve sustained, and any damage to your vehicle. Also, if there are any witnesses to the accident, try and obtain their contact information and get their written statements of what occurred at the truck accident scene. Another essential component to proving liability and fault after trucking accidents is proper documentation like:

  • Medical records
  • Police reports
  • Accounting of your damages

In a truck accident claim, proving fault requires a comprehensive investigation of all the facts, compiling relevant proof to present in court or settlement negotiations, and researching applicable laws on liability and negligence. There are four components that you’ll need to prove to prevail on a negligence claim. These are:

  • The liable party owed you a duty of care
  • This party breached this duty of care towards you
  • This breach directly caused your injury or damages
  • You’ve also suffered monetary damages as well as a result

It’s essential to speak with an experienced Texas truck accident lawyer who knows the specific hassles of truck accident case liability.

How a Texas Truck Accident Lawyer Proves Fault 

The comparative fault principle provides an insurance company with a strong weapon in negotiation processes with accident victims. You’ll be with experienced insurance specialists and lawyers working with the truck company who do not have your best interests in mind.

However, an equally experienced truck accident attorney will fight to get you fair compensation that will help cover your losses and expenses. Below are several ways that skilled truck accident lawyers work:

1. Gather Sufficient Evidence 

A knowledgeable personal injury attorney will begin by learning how the truck accident occurred so they may determine if it involved negligent driving or another external factor. To do this, the attorney will gather up various types of evidence, such as:

  • The collision report that the police prepared at the scene of the accident
  • Medical records that indicate the extent and cause of your injuries
  • Pictures of any damage to your vehicle and your injuries
  • Witness statements that describe how the accident occurred
  • Citations that prove the truck driver repeatedly violated traffic laws

The truck accident lawyer may also hire an accident reconstruction professional if needed.

2. Prepare Your Accident Claim 

A truck accident claim needs to contain a description of the accident occurrence, your identification information, the negligent driver’s identification information, and the amount you are seeking in compensation. The lawyer will ensure your claim meets the content and format requirements of the insurance company and that it contains the proper determination of fault, along with the right monetary amount, which will include:

  • Your actual damages: lost wages, medical care costs, future costs for rehabilitation and treatments
  • Other compensation for non-economic damages: mental anguish, emotional trauma, pain and suffering, and loss of enjoyment of life

You and your attorney will discuss all your legal options in your initial consultation before they pursue compensation on your behalf.

3. Conduct Settlement Negotiations 

A skilled truck accident attorney will negotiate with the insurance provider to get you a reasonable compensation settlement. But, these negotiations won’t extend beyond the moment when taking further legal action would be too late.

If You’re Partially Liable, Can You Still Recover Compensation?

Texas follows what’s known as a 51% Bar Rule of Comparative Negligence. This means you are still able to recover compensation for damages and injuries even if you had a partial fault in the accident. However, you can’t be found to have more than 50% liability, or you won’t be eligible to recover compensation. Assuming your level of liability was 50% or less, the compensation you receive will be decreased by your portion of fault.

For instance, if you were involved in an accident and were 20% responsible for this accident and you sustained $1 million in damages, you’d wind up with $800,000 in compensation. An experienced personal injury lawyer will have the right skills to build your case at every stage of the process so that you are able to minimize your percentage of fault and maximize the compensation allotted to you.

Reach Out to Dale Rose, Experienced Truck Accident Lawyer in Texas Today 

A negligence claim may get complicated very quickly, especially when it involves insurance companies and damages and liability is being questioned. Our reputable truck accident attorney, Dale Rose, will help you prepare a powerful negligence case to present in court and negotiate with the truck driver’s insurance company toward a reasonable and fair settlement.
If you’re struggling with an injury as a result of a truck accident that a negligent party caused, reach out to Dale Rose and his legal team. Even if the negligent party and their insurance company won’t negotiate fairly, our experienced Texas truck accident lawyer can help. Dale Rose will work hard to get you the compensation you are entitled to, even if you’re partially at fault.  If you’re involved in a truck accident that caused you injury, don’t hesitate. Call us at (972) 634-ROSE (7673) or fill out our contact form to schedule your free consultation.

How Can Dash Cam Footage Help Prove Your Motor Vehicle Accident Claim?

If you’ve ever been in a motor vehicle accident, you understand that it’s a very stressful situation, especially if you’ve sustained any injuries. If the other involved driver of the accident was at fault for the crash and you’re looking to seek financial compensation for your injuries and/or any damage to your vehicle, you’ll need to file a personal injury lawsuit.

While evidence like witness testimonies and photos of the crash scene helps establish what occurred after the accident, your vehicle’s dash cam footage also captures the footage of what occurred before and during the accident, as well as after. If you’ve sustained injuries from a car accident, a committed Texas car accident attorney can help you gather the required evidence you need and navigate the whole process to ensure the outcome of a successful claim.

Are Dash Cams Legal in Texas? 

In Texas, the use of dash cams is lawful as long as you’re not violating other laws of the state, such as:

  • Airbag obstruction laws: It’s prohibited to attach any objects to your vehicle’s dashboard that would obstruct airbag deployment in any way.
  • Windshield obstruction laws: Drivers can’t operate vehicles with any materials or objects attached to the windshield, rear window, or side window that obstructs or reduces their clear view.
  • Distracted driving laws: Dash cams shouldn’t distract the driver when in use, and all live video footage displayed on the dash cam monitor shouldn’t be in the driver’s line of sight.
  • Audio recording restrictions: Audio recording must be disclosed to all vehicle passengers unless you’re part of the conversation.

If you’re using a vehicle dash cam, it’s best to keep it out of the way, muted, and out of your line of sight. It should never be allowed to obstruct your view of the road. It’s a good idea to keep your dash cam in the corner of your vehicle on the passenger side so that it won’t obstruct your view of the road and traffic.

Can You Use Dash Cam Footage as Evidence in Texas? 

You absolutely can use the footage of your dash cam as evidence. In fact, videos obtained from dash cams make some of the best evidence in car accident cases. They often are one of the biggest blessings in regards to seeking and receiving the compensation you’re entitled to after a car accident that left you injured.

Dash cams are everywhere these days, and with the increase in their use on police vehicles, they’ve been vastly making their way into the general public. Insurance companies in some countries even encourage their insured drivers to use dash cams in their vehicles to help show evidence that helps prove or disprove liability.

The reason why dash cams prove to be so helpful in Texas car accidents is that they provide proof. The proof that’s caught on film doesn’t tell a lie. Regardless of how many individuals were in the other vehicle that struck you, it’s no longer their word against yours. The dash cam footage will show the proof and may become very helpful to your case in a courtroom.  will typically be taken much more seriously in court.

The dash cam footage of the vehicle accident will benefit you immensely in that it will ensure the opposing insurer must accept liability on behalf of the negligence of their client. And, you have every right to pursue compensation for your injuries that left you hurting and requiring a doctor. The footage from your dash cam will help prove the insurance company’s client was at fault and not you, making it easier for you to collect a fair settlement.

When Is Footage From a Dash Cam Considered Useful? 

Footage from a dash cam shows the behaviors of a driver that affirm that the driver was acting negligently or was at fault. For example, if an injury victim states that a driver of another car was driving recklessly before they merged into their lane and crashed into them, the dash cam footage moments before the car swerved and caused the accident is likely beneficial.

Likewise, if a driver who is guilty of hit-and-run states they’re being misidentified, your dash cam footage can clearly show the license plate number of their vehicle right after a front-end crash. The video from the dash cam may provide solid evidence of fault.

Not All Dash Cam Footage Is Admissible in Court 

There are certain limitations to when footage from a dash cam is admissible. For instance, these cameras aren’t allowed to record anything occurring on private property. Therefore, if you’ve been struck in a parking lot of a grocery store, the footage of your dash cam might be inadmissible.

That said, you may still be able to use the footage in a different way, even if it doesn’t make it to court. The footage of your dash cam can still show the exact cause of the accident, so it might be able to provide you with certain clues as to where else you may obtain evidence that benefits your case.

For instance, the footage of your dash cam might show that moment right before you were struck. The driver of the other vehicle was driving at an excessive speed and almost hit another vehicle. Your dash cam may have caught that driver’s license plate number, which you can then contact that driver and see if you can obtain eyewitness testimony that could benefit your lawsuit.

Contact Dale Rose Today to Hire a Skilled Texas Personal Injury Lawyer for Your Car Accident Case

If you have been injured in a car accident, it’s a good idea to call on the help of an experienced car accident lawyer like Dale Rose in Texas. Dale Rose and his committed legal team will help you navigate each step of the claims process, ensuring your legal rights stay protected. He’ll obtain the required evidence needed to prove the negligence of the other driver, including obtaining dash cam footage.

When the insurer disputes liability, or the at-fault driver denies they’re the cause of the accident that led to your injuries, having dash cam footage is often handy to prove fault. Dale Rose and his legal team may assist you in using this footage to your advantage. Call us today at (972) 634-7673 or fill out our contact form to schedule your free case evaluation and begin the process of obtaining fair compensation for your injuries.

Can You Recover Compensation if You Were Struck by a Car While Jaywalking in Texas?

In most situations, it’s required that motor vehicles yield the right of way to a pedestrian, especially if they can see them and are able to stop to avoid an incident. If they fail to do so and it leads to an accident, it often results in a personal injury lawsuit in Texas. In Texas, strict laws are in place to keep pedestrians safe, including laws that prevent jaywalking. However, this doesn’t always keep pedestrians from jaywalking, so the question is—what happens if you’re jaywalking and you’re struck by a car? Who’s fault is it, and can you recover compensation?

If you were struck by a car while jaywalking, a skilled Texas personal injury attorney may help you navigate the process and give you the information you require about liability issues and recovering compensation.

What Is Jaywalking? 

Jaywalking is where an individual walks or crosses a road or street unlawfully or with a disregard for oncoming traffic. It may also include a person crossing a roadway in an area other than where there’s a designated or suitable crosswalk.

If you were jaywalking and a vehicle struck you, you may still be able to seek compensation if the driver broke the law or was negligent. But, the driver will likely argue that you’re at fault since you weren’t following the law by jaywalking.

How Is Fault Determined? 

There are a couple of scenarios here:

1. A vehicle accident involves a pedestrian running out in front of the vehicle, not giving the driver any time to react. There’s not much the driver can do and little time to react when the pedestrian runs out in front of them. There are witnesses that saw the whole thing. In a situation like this, witness testimonies may help insurance adjusters come to a quicker decision. Insurance companies may also look at traffic cameras, police reports, and whether or not the driver followed all applicable laws.

2. Scenario two involves a driver who is entirely at fault. In this case, the pedestrian may seek compensation and recover damages easily from the driver’s insurance policy for general and economic damages. The primary hassle in these scenarios is having to fight with the insurer to increase its lowball offer.

Texas is a comparative fault state – meaning in any situation when a pedestrian gets struck by a vehicle, the fault of the driver and fault of the pedestrian will be compared to determine who is at fault.  All facts will need to be investigated by your attorney, some investigations will need to look into:

  1. The vision field of the driver;
  2. The location of the pedestrian at the time of impact;
  3. The lighting;
  4. The working condition of the vehicle;
  5. The lighting – if a nighttime collision.

Texas Pedestrian and Modified Comparative Negligence Laws 

Texas upholds both pedestrian laws and modified comparative negligence laws that must be followed.  

Pedestrian Laws 

Texas has several laws in place to keep pedestrians safe when they’re entering or are around roadways. Some of these laws include:

  • Vehicles must slow down and yield the right of way to all pedestrians inside either marked or unmarked crosswalks. This may include crosswalks that have painted lines at intersections, but not all intersections have painted lines. In unmarked areas like these, which includes areas where there are stop sign intersections and T-intersections, pedestrians continue to have the right of way when they cross.
  • Vehicles are required to yield the right of way to all pedestrians that are crossing entrance gaps like sidewalks at the entrance of alleyways, driveways, or parking lots.
  • Pedestrians must yield the right of way to oncoming traffic if they are looking to cross a street where there’s no marked crosswalk or intersection.
  • Pedestrians must abide by all traffic signals when they cross a controlled intersection, including all pedestrian or traffic lights. When pedestrians disobey traffic signals, they’re essentially forfeiting their right of way.
  • Pedestrians must use intersections and marked crosswalks when they’re available. If they fail to use one that’s available, it means they’re forfeiting their right of way.
  • Pedestrians may not enter a roadway or intersection in areas where vehicles aren’t able to slow down or stop safely in time to yield.

A skilled personal injury attorney can help you navigate Texas pedestrian and modified comparative negligence laws.

Modified Comparative Negligence Law 

When determining liable parties in jaywalking accident claims and other personal injury claims, Texas uses a modified comparative negligence law. Under this law, no party that is found to be more than 50% at fault or liable for the accident (i.e., their own damages and injuries) may recover damages.

Modified comparative negligence makes it hard for individuals who jaywalk to file successful injury claims. In most circumstances, pedestrians who were jaywalking as described by Texas law are often found to be a minimum of 51% liable, which bars them from seeking compensation. At this point, the “less liable” driver would likely have the ability to sue the jaywalker for damages if there are any damages to pursue.

Can You Still Receive Compensation if You Jaywalked? 

While Texas does employ the modified comparative negligence law, and jaywalking is considered illegal through this law, there are still scenarios where you could potentially receive compensation if you were jaywalking and may prove that the driver of the vehicle that struck you does share a part of the liability for the accident. According to Texas Civil Practice & Remedies Code Sec. 33.001, injured parties may receive compensation if they’re less than 50% liable for the accident.

Here’s an example of a situation where you may still be able to seek and receive compensation even though you were jaywalking. You cross a roadway that is outside of a crosswalk, and you’re struck by a car. The driver of the car was intoxicated and speeding during the accident. Since this driver was acting negligently, they now share a big portion of the liability for the accident.

In this situation, you would have the right to file a personal injury lawsuit against the driver. Since the driver holds partial liability for the accident, you’re more than likely to win the case. But, the amount of compensation you receive will be reduced by the amount of liability you’re found to have. Essentially, the more responsible you are for the accident, the less compensation you’ll be awarded.

Contact Texas Personal Injury Lawyer Dale Rose Today to Schedule Your Free Consultation

If you were struck by a vehicle while you were jaywalking, you should consult with experienced personal injury attorney Dale Rose. He’ll advise you on your legal rights and options according to Texas law that is specific to your personal injury case. He’ll represent you in court if required and fight on your behalf to seek and receive any compensation you’re entitled to—even if you were jaywalking.

Call Dale Rose today at (972) 634-ROSE (7673) or fill out our contact form to learn more about our legal services and schedule your free consultation.

How Texas Motorcycle Laws Affect My Personal Injury Claim

Motorcycles offer little to no protection to riders. Therefore, being involved in a Texas motorcycle accident is often a traumatic experience leading to severe physical, emotional, and financial burdens. As such, motorcycle accident victims deserve adequate compensation for injuries and damages. That’s why you may be concerned about how Texas motorcycle laws affect your personal injury case.

While Texas laws protect riders and other road users, the at-fault party and their insurance companies may try to use them against you. Hiring a skilled lawyer is essential when pursuing compensation after a motorcycle accident in Texas.

Texas Motorcycle Laws Applicable to Your Case

Texas has motorcycle laws that all motorists must follow when riding. These laws help keep everyone on the road safe and play a vital role in case of a motorcycle crash. Some of the basic rules that motorists must adhere to when operating or riding on a motorcycle include:

  • Licensing laws: Texas motorcyclists need a class M license and a registration sticker on their license plate.
  • Helmet laws: All Motorcycle riders and passengers under the age of 21 must wear a helmet. Those above 21 may choose not to wear a helmet if they have completed a motorcycle safety course or have liability insurance.
  • Lane-splitting law: Lane-splitting is illegal in Texas. Motorcycles are not allowed to move between two lanes of traffic.
  • Passenger laws: You may only carry a passenger if you have a seat for them. Additionally, children under five years cannot ride as passengers on a motorcycle.
  • Insurance: All riders must have a minimum of $25,000 in property damage coverage, $30,000 body injury liability coverage per injured person, and $60,000 per accident.

In addition to obeying motorcycle laws, motorcyclists are also required to adhere to the state’s vehicle laws. This includes following traffic lights, avoiding distractions, signaling when turning, and riding within the speed limit. All these laws may impact your case. Don’t hesitate to speak to our experienced motorcycle crash lawyer if you have any questions about Texas motorcycle laws.

How Texas Motorcycle Laws Affect Personal Injury Claims

In Texas, the individual or party responsible for the accident may be held liable for the damages incurred. However, determining fault is a complicated process that depends on several factors, including adherence to state laws. Therefore, you may be assigned a share of the blame if you fail to follow the set motorcycle laws moments before the accident.

In such cases, the court will implement the modified comparative fault law in your personal injury claim. The court will determine the total amount of compensation in your claim, and each party, including the victim, will be assigned a percentage of the fault. For example, you may receive $120,000 in a personal injury claim with a total settlement of $200,000 if you were 40% at fault for the accident.

However, you’ll be barred from pursuing compensation from the other party if you’re found to be 51% or more at fault for the accident. It’s always crucial to consult an attorney before pursuing your claim. A lawyer will examine the facts in your case and help determine whether you have a case.

How to Protect Your Rights After a Texas Motorcycle Accident

Unfortunately, you may still be blamed for an accident even after doing everything right and adhering to the motorcycle laws. Negligent motorists often try to take advantage of motorcycle laws to avoid or reduce liability. Their insurance companies do everything possible to place at least 50% of the fault on you. This makes proving fault and receiving your deserved compensation even more challenging.

Therefore, if you’re injured in a Texas motorcycle accident, it may be wise to retain legal counsel. A skilled lawyer will help protect your rights by:

  • Thoroughly investigating the crash
  • Collecting additional evidence
  • Determining all the liable parties, whether it’s a driver, manufacturer, or a defective product
  • Accurately calculate the value of your damages
  • Handle all communication regarding your claim
  • Help you make decisions to strengthen your case

When you work with a skilled attorney at Dale R. Rose, PLLC, be confident that your case is in the hands of the best legal representation. 

Contact an Experienced Texas Motorcycle Attorney at Dale R. Rose, PLLC

As a Texas motorcycle operator, adhering to motorcycle laws is crucial for your safety and well-being. Unfortunately, with so many careless drivers, you may still get injured even after following all the rules. When that happens, you may be eligible for compensation. While this may seem simple, this is where motorcycle laws come into play. They will affect your compensation, and the liable driver may try to use them to undermine your claim. That’s why it’s better to proceed with the guidance of a personal injury attorney.

At Dale R. Rose, PLLC, we deeply understand Texas motorcycle laws and have years of experience helping injured Texas riders hold the negligent parties accountable. We will build a strong case and relentlessly push back against any attempts to misuse traffic laws. Reach out to us today through our contact form or at (972) 634-ROSE (7673) today to arrange a free consultation.

Does a Concussion Count as a TBI?

Traumatic Brain Injury (TBI) is a broad term encompassing any injury to the brain caused by an external force, such as a blow or jolt to the head. Concussions, a type of TBI, are among the most common brain injuries, affecting millions yearly. However, many people are unsure whether a concussion counts as a TBI. It is common that car wrecks, truck wrecks, and falls are common causes of a concussion. 

What Is a Concussion?

A concussion is a type of TBI that occurs when the brain is jerked or shaken inside the skull, causing an impermanent distraction in normal brain function. This often happens due to a blow to the head, a fall, or any other trauma that causes the brain to move rapidly back and forth, such as in a car accident or truck collision. The sudden movement causes the brain to bounce or twist within the skull, damaging brain cells and the surrounding tissue.

A concussion is a type of TBI. The Centers for Disease Control and Prevention (CDC) defines a TBI as “a disruption in normal brain function caused by a bump, blow, or jolt to the head or penetrating head injury.” A concussion fits this definition, as it is a type of brain injury caused by a blow or jolt to the head.

What Are the Symptoms of a Concussion?

The symptoms of a concussion vary depending on the severity of the injury and differ for each individual. Some people may experience symptoms immediately after the injury, while others may not experience symptoms until several hours or even days later. Common symptoms of a concussion include:

  • Headaches: This is one of the most common symptoms of a concussion. The headache may be mild to severe, lasting several hours or days.
  • Dizziness or vertigo: Dizziness or a feeling of spinning or lightheadedness may occur after a concussion. This may make it difficult to walk or maintain balance.
  • Nausea or vomiting: A concussion may cause nausea or vomiting, which can last for several hours after the injury.
  • Fatigue: Feeling tired or exhausted is a common symptom of a concussion. This may be due to the brain’s increased effort to heal.
  • Sensitivity to light and noise: A concussion may cause light and noise sensitivity. Loud noises or bright lights can worsen the headache and worsen other symptoms.
  • Confusion or disorientation: Confusion or disorientation is another common concussion symptom. A person may feel dazed or confused and have trouble remembering what happened before or after the injury.
  • Memory problems: Memory problems are common after a concussion. A person may have trouble remembering events that occurred before or after the injury.
  • Changes in mood or behavior: A concussion may cause changes in mood or behavior. A person may feel irritable, anxious, or depressed.
  • Blurred or double vision: A concussion may cause vision problems, including blurred or double vision.

It’s important to note that not all symptoms may be present after a concussion, and some symptoms may not appear until several hours or days after the injury. If you or someone you know experiences any of these symptoms after a head injury, seek medical attention right away.

Who Is at Risk for Concussions and TBIs?

Anyone can experience a concussion or TBI, but certain groups are at higher risk than others. Especially if you have been involved in a car accident, truck accident, or fall. These include:

  • Athletes, particularly those who participate in contact sports like football, hockey, or boxing
  • Military personnel, particularly those who have been deployed to combat zones or who have experienced blast injuries
  • Children and adolescents, whose developing brains may be more vulnerable to injury
  • Older adults, who may be at increased risk for falls or other accidents that could result in a TBI

If you’re among this category of people, remember to see a medical professional as soon as you experience any concussion symptoms.

Will a Concussion Cause Long-Term Effects?

While most people who experience a concussion fully recover within a few days to a few weeks, some may experience long-term effects. These may include persistent headaches, memory problems, difficulty concentrating, and changes in mood or behavior.

  • Cognitive impairment, such as problems with memory, attention, or executive function
  • Emotional and behavioral changes, such as depression, anxiety, or irritability
  • Chronic headaches or migraines
  • Sleep disturbances
  • Seizures
  • Post-traumatic stress disorder (PTSD)

It’s important to note that the severity and duration of these effects vary widely from person to person and may depend on factors such as the severity of the injury, the location of the injury in the brain, and the individual’s overall health.

How Are Concussions Treated?

The treatment for a concussion usually involves rest and monitoring for symptoms. In some cases, medication may be prescribed to manage headaches or other symptoms. It’s important to follow your healthcare provider’s instructions carefully and to avoid activities that could further injure the brain, such as contact sports or activities that could result in another blow to the head.

Are Concussions Preventable?

While concussions cannot always be prevented, there are steps you can take to reduce your risk of experiencing a TBI. These include wearing helmets or protective gear when participating in sports or other high-risk activities, practicing safe driving habits and wearing your seatbelt, and taking steps to prevent falls, such as keeping your home free of clutter and using handrails on stairs.

Contact an Experienced Texas TBI Lawyer

If you suspect you or someone you know has a concussion, seek medical attention right away. Remember to take steps to prevent TBIs whenever possible, and to take care of your brain by getting plenty of rest, eating a healthy diet, and exercising regularly. By taking these steps, you may protect your brain and reduce your risk of experiencing a TBI.

If you or a loved one has suffered a TBI or any other type of personal injury due to the negligence of another, don’t wait to get the help you need. Reach out to us here at Dale R. Rose, PLLC, for advice and legal representation. We have a proven track record of success in helping our clients get the compensation they deserve. Call us at (972) 634-ROSE (7673) or fill out our contact form to schedule a free consultation.

How Inclement Weather Affects a Texas Car Accident Claim

Car accidents will happen anytime, anywhere, and in any weather condition. However, inclement weather may increase the risk of accidents and make them more severe. In Texas, weather is unpredictable, ranging from heavy rain to thunderstorms, tornadoes, and even hurricanes. As a result, the weather may significantly impact car accident claims in Texas.

If you have been involved in a car accident and are seeking legal representation, it is essential to understand how inclement weather may affect your claim. Seek the advice of an experienced Texas car accident lawyer. With their extensive experience handling car accident claims, they will help you navigate the complexities of your case. 

Inclement Weather and Car Accidents

Inclement weather conditions such as rain, sleet, snow, and ice make roads slippery and reduce visibility, increasing the risk of accidents. According to the Texas Department of Transportation, in 2020, there were over 7,000 crashes in Texas due to wet roads, resulting in 166 fatalities and over 2,500 serious injuries. Similarly, over 750 crashes were reported due to snowy and icy roads, resulting in 8 fatalities and over 150 serious injuries.

How Inclement Weather May Affect Your Claim

Several factors may affect your claim when you are involved in a car accident due to extreme weather. These include:

1. Liability

Proving liability is essential in a car accident claim, as it determines who is responsible for the accident and who should pay for damages. However, bad weather may make it challenging to determine fault, as both drivers may have been affected by the weather conditions.

For instance, if both drivers were driving at a reasonable speed but lost control due to a patch of ice on the road, it may be challenging to determine who was at fault.

In such cases, Texas courts use the doctrine of comparative negligence, which allows both parties to share the fault based on their percentage of fault. In hazardous road conditions, all drivers are still responsible for keeping their vehicle under control. However, your own negligent handling of your vehicle may reduce your compensation if you are found to be partially at fault for the accident.

2. Insurance Coverage

Texas is, comparative fault state, meaning that if it is proven that the driver who caused the accident is more negligent than you are, he/she is responsible for covering the damages. However, insurance companies are quick to blame foul weather for accidents as it is a way to deny or reduce claims.

Additionally, suppose the other driver was uninsured or underinsured. In that case, you may have difficulty recovering damages, as your insurance company may also try to use the weather as an excuse to deny your claim.

Consulting with an experienced car accident attorney will help your claim, as they have vast experience navigating these complexities.

How to Protect Your Rights After a Car Accident in Texas

Drivers have a duty to adjust their driving behavior in response to weather conditions. If the roads are wet or visibility is reduced, you should slow down, increase your following distance, and turn on your headlights. Below are tips you could use to prove that the other driver was at fault:

1. Gather Evidence

To prove liability and protect your rights, gathering as much evidence as possible from the accident scene is essential. Take pictures of the damage to your car, the other car, and the scene of the wreck, especially where the cars ended up after the collision. If there were any witnesses, get their contact information and ask them to provide a statement. Additionally, if the police were called to the scene, obtain a copy of the police report, which may provide crucial information about the accident.

2. Seek Medical Attention

Even if you do not feel any pain or discomfort immediately after the accident, it is essential to seek medical attention. Some injuries may not show symptoms until hours or even days after the accident, and delaying medical attention may hurt your claim. Additionally, medical records provide evidence of the injuries you suffered and the treatment you received, which may help you recover damages.

3. Contact an Experienced Texas Car Accident Lawyer

Navigating a car accident claim during inclement weather is complicated, but an experienced car accident lawyer will help you understand your legal options and guide you through the process. A lawyer will help you collect evidence, negotiate with insurance companies, and represent you in court if necessary.

A car accident lawyer understands the unique challenges that inclement weather poses to a car accident claim and will help you navigate these challenges to achieve the best possible outcome for your case.

Contact a Texas Car Accident Lawyer at Dale R, Rose, PLLC

If you have been involved in a car accident during inclement weather in Texas, it’s crucial you seek the advice of an experienced car accident lawyer. Inclement weather may make it challenging to prove negligence and navigate the insurance claims process, but an experienced lawyer will help you understand your legal options and guide you through the process.

At Dale R. Rose, PLLC, we have a proven track record of success in handling car accident claims in Texas. We understand the complexities of these cases and want to help you obtain the compensation you deserve. If you’re looking for a car accident lawyer in Texas, contact us online or call us today at (972) 634-ROSE (7673) for a free consultation.

7 Useful Bike Accessories for Texas Cyclists

As a Texas cyclist, you know that riding a bicycle is a handy way to get where you need to go. However, riding on the street in traffic is dangerous. According to the Centers for Disease Control and Prevention (CDC), an estimated 1,000 bicyclists die, and over 130,000 are injured in crashes on the streets every year. Therefore, one of the most important things you must do is ensure you have the proper safety accessories. You’re leaving yourself open to serious injury without the proper safety gear.

You may have all the right safety gear and still be injured in a bicycle accident because of someone else’s negligence. If this happens, you should contact a bicycle accident lawyer. They will be able to tell you if you may be compensated for any medical bills and property damage that occurs.

Injuries a Cyclist May Suffer in an Accident 

Of course, for years, everyone has been made aware that your head is the most vulnerable when involved in an accident with a moving vehicle while riding a bicycle. Death and traumatic brain injuries are examples of personal injuries that may result from an accident. Some examples of traumatic brain injuries are:

  • Concussions
  • Edema
  • Diffuse axonal injury
  • Hematoma
  • Skull fractures

Some may think that concussions, when the brain’s function changes when it hits the internal walls of the skull, only occur when the head hits the pavement. However, concussions may happen two or three seconds before hitting the pavement, caused by the force of the motor vehicle’s impact upon the rider or the bike.

Broken bones are the second most common injury when involved in an accident. Any part of the body is vulnerable to having bones broken, including the face, teeth, and eye sockets. Road rash is another concerning injury. Road rash happens when your skin gets scraped off by the road’s surface, and nerve endings are exposed. Road rash may become more severe if not treated to prevent infections. 

Protective Accessories a Cyclist Should Wear

Accessories worn by the rider help minimize the chances of an accident with another moving vehicle and help cars see you better when riding at night. In addition, accessories provide a certain level of protection if you are involved in an accident. Here are examples of accessories you may wear for protection and make yourself more visible:

  1. Helmet
  2. Padded gloves
  3. Reflective or fluorescent clothing or bands

According to the Consumer Product Safety Commission (CPSC), the condition of your helmet and how you wear it will be a factor in how much protection it provides. You must replace your helmet if it is cracked, has worn straps, or is missing pads and parts. Make sure the helmet fits and is worn correctly. The helmet must have a label stating that it meets CPSC’s federal safety standard. Also, a helmet may not necessarily protect you from concussions but will save you from head-to-pavement impact-related brain trauma injuries.

Safety Equipment for the Bicycle

Not only is it important to wear visible and protective accessories on your person, but your bike should be visible too, especially at night when it’s hard for motor vehicle drivers to see cyclists. Accessories attached to the bike to enhance visibility or attention may include:

  1. White front headlamp
  2. Red rear reflectors or light
  3. Reflectors on the tires
  4. Horns or bells

In some states, it’s required to have specific safety equipment attached to the bike. For example, Texas law (Sec. 551.014b), effective September 2001, requires a white light on the front of the bike and a red reflector or light on the back to ride your bike at night legally. 

Not only will accessories help minimize accidents and injuries, but make sure to be observant when riding and follow the rules of the road and local regulations. Once you’ve done everything possible to minimize your risk and you’re still injured when involved in an accident, you should consult an attorney to learn your rights.

Don’t Wait to Consult Texas Personal Injury Attorney Dale Rose About Your Injuries

If you have been involved in a bicycle accident that resulted in injuries and property damage, you should take advantage of a free consultation from Dale Rose. He realizes the suffering and stress over finances you must be going through during this time.

Dale Rose has an extensive track record of success in personal injury law and will help you get compensation for your injuries and property damage. To learn more about the compensation you may receive for your injuries and other financial loss, contact Dale Rose at (972) 634-ROSE (7673) or complete our contact form for your free consultation today.

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