Blogs - Page 9 of 10 - McKinney Personal Injury Lawyer

Can Not Wearing a Seatbelt Impact My Car Accident Claim in Texas?

Every time a person gets into their car, the first thing they should do is put on their seatbelt. Not only is it the law, but it may be the difference between life or death when a car accident occurs. It has been reported that of those not wearing a seatbelt at the time of a car accident, the mortality rate is 47%. 

Dale R. Rose is an award-winning car accident injury lawyer who has experience helping victims of Texas car accidents file their personal injury claims. If a situation occurs in which you are not wearing a seatbelt at the time of a car accident, you may be wondering if this will impact your car accident claim in Texas. 

Can You File a Car Accident Claim If You Were Not Wearing a Seatbelt?

Texas law states that all drivers and passengers must be wearing a seatbelt while in a moving vehicle. While you may have been breaking the law by not wearing a seatbelt, you still have the right to file a car accident injury claim. The fact that you were not wearing the seatbelt at the time of the accident may affect the amount of compensation you are awarded for your losses. However, with the help of an experienced car accident injury attorney, you may still be able to build a strong injury claim. 

Texas Law Allows Evidence Showing the Failure to Wear a Seatbelt

After a Texas car accident, it is important to understand whose negligence led to the accident occurring in the first place. Texas law once stated that whether or not a person was wearing a seatbelt at the time of the accident was irrelevant to identifying who was at fault. However, this rule has been reversed. This means that the other party may now provide evidence showing that you were not wearing a seatbelt when the accident occurred. While you may not have caused the accident, this evidence will allow a court to determine the following factors that may harm your claim:

  • To what extent the lack of wearing a seatbelt contributed to the losses suffered by the victim
  • If the passengers were partially at fault for their lack of wearing a seatbelt 

Even though filing a claim for an accident where you were not wearing a seatbelt may seem hopeless, an experienced car accident injury attorney may be able to still build you a solid claim as you seek compensation for your losses.

What is Comparative Negligence in Texas Car Accident Claims?

After being injured in a car accident, you may want to file a claim in pursuit of compensation that may be owed to you due to another driver’s negligence. Under Texas law, the comparative negligence process is used to “compare” how much your negligence contributed to your injuries. After determining that amount, the compensation you receive may be decreased by that number. Each accident claim is different, so it is impossible to determine the exact amount, but with the help of a Texas car accident injury attorney, they may be able to reduce that amount for your benefit. 

Partner With an Experienced Car Accident Lawyer in Texas

Wearing a seatbelt is one of the best ways to keep yourself safe while riding in a motor vehicle. However, even if you weren’t wearing a seatbelt at the time of the accident, you still may be able to pursue a case for a recovery. Contact our team today to learn more.

Dale R. Rose has been helping victims of car accidents build strong injury claims since 1992. Offering clients award-winning service, Attorney Rose is proud to provide each of his clients with the personalized and dedicated representation they deserve. For a free consultation, fill out this contact form or call (972) 634-7673.

How Social Media Can Impact Your Personal Injury Claim

In today’s society, social media has become an integral part of our everyday lives. While social media has many great benefits, like keeping in touch with distant family or promoting a cause you care about, it is no secret that social media is not all good. Social media can have a pretty dark side, and when not used correctly, your social media use may become an issue in regard to your personal injury claim. 

Dale R. Rose is an experienced personal injury attorney in Texas who would advise his clients against posting on social media regarding the details of their injury or the accident that may have caused it. While you may feel passionately in the moment, you should think twice before hitting “post,” as whatever you put into the social media world may negatively impact your personal injury claim. 

Why Social Media Is Not Helpful in Regards to Personal Injury

Social media is a tool with a lot of power. In many cases, that power can be used for good, but regarding a personal injury claim, that power is not helpful. Keep in mind that what is posted on social media can never be permanently erased. If you post something that may negatively impact your personal injury claim, it may hurt your chances of recovering compensation for your damages. If something you post calls what you have claimed into question, it may be challenging to turn the situation around. 

Understand that the other driver’s insurance company is constantly seeking information to help them minimize paying you for your damages. One of the easiest ways for them to do this is to see a social media post that contradicts, even in the slightest, your claims of injury.

Your Posts May Contradict What You Have Claimed

If you claim that you have a broken arm but then post about a fun night playing a game of baseball with friends, this could put into question the claims you have made regarding the damages you may have suffered. When filing a personal injury claim, it is essential you are completely honest about the injuries you have sustained. An experienced personal injury attorney in Texas may be able to help you in building a strong claim. 

Checking In

Users can check-in or tag their location on various social media platforms like Instagram or Facebook. If you have claimed to be severely injured or bedridden but have checked in at a theme park or the mall, that evidence may be used to disprove your claim. 

Comments From Family or Friends

While we can control what we post on our own social media pages, it is difficult to control what our friends or family may comment. You could face some trouble if they comment on something that may allude to the fact that you may be more physically capable than you led on with your injury claim. 

What if I Make My Social Media Page Private?

Making your page private does not guarantee that no one outside of your trusted friends or followers will see what you post. There are always ways that the insurance providers of the at-fault party can see your posts. Whether someone they know shares your post or if they ask a friend of yours to show them the posts voluntarily, they can still get a hold of any contradictory posts. For the sake of your personal injury claim, it is better not to make the post in the first place. 

A Texas Personal Injury Lawyer Can Help With Your Claim

Social media can be a wonderful tool for staying connected to the people we love, but your posts can cause problems with your personal injury claim when not used with caution.  If you file a lawsuit, the insurance company can force you to provide them with your social media account information, making all of your posts about your incident or injuries available. If you have been injured due to another’s negligence, you deserve to be compensated accordingly. Do not risk your chances of getting paid for the damage you have suffered by making a post on social media about your case. 

Dale R. Rose is an experienced Texas personal injury attorney who may provide you with the knowledgeable legal counsel you need to handle your injury claim. Serving injury victims since 1992, Dale Rose is proud to help each of his clients as they build their injury claims and try to get their lives back on track. For a free consultation, contact us here or call (972) 634-7673.

Do I Need a Witness for a Car Accident Case?

After a car accident, it’s hard for those who are not at the crash site to understand what happened. The driver responsible for the crash may claim they are innocent, and you were the one at fault. When you find yourself in this situation, one of the best ways to prove the other drivers at fault is to have an eyewitness account of the accident. 

If someone witnesses your car accident, they can explain their view of what happened, and you will have a better chance of proving the other person is at fault. Filing a car accident claim is complicated and requires extensive knowledge about the legal process, terminology, and necessary documentation. In order to feel confident and prepared for your case, work with a car accident attorney. Not only will they talk with the witness, but they’ll also gather the required information for your claim. 

Is It Important to Have a Witness for a Car Accident Claim?

While it is not required, having an eyewitness account of your accident is crucial to your claim. Most eyewitnesses are unbiased and have no connection to either side, making their description of what happened essential during cases where evidence is limited. Pictures and videos are critical to your claim, but having an unbiased party describe and account for what happened is just as important and carries a lot of weight. 

Who Can be a Witness for a Car Accident in Texas?

When you’re in an accident, an eyewitness can come from anyone who saw what happened. Generally, adults who have no connection to you or the other person will have the ability to discuss what they saw and help clarify any miscommunications. Some of the people that can work as eyewitness are: 

  • Pedestrians;
  • Other Drivers who stopped to help;
  • Employees and customers of nearby businesses;
  • Construction workers;
  • Security cameras.

Even though a security camera is an inanimate object, the device can still account for what happened at the accident scene. If anything, having a dashcam or a security camera can show who’s at fault rather than just giving an account. Either way, having a reliable source speak about how the accident occurred helps your claim considerably.

If I Have a Witness, Do I Still Need a Lawyer?

A witness will help account for your claim, but a lawyer will gather evidence, talk with the witnesses, and navigate you through the legal claim process. Having an experienced lawyer by your side will reduce the workload and responsibilities weighing on your shoulders. Instead of deciphering terminology, you can focus on your health. 

Some of the many ways a car accident attorney can help you are: 

  • Gather substantial evidence
  • Negotiate settlement offers
  • Review legal documents
  • Help guide you through the medical process
  • Discuss claims with insurance companies
  • Answer questions related to your claim
  • Analyze potential legal issues
  • Establish the other individual’s negligence and liability
  • Conduct a fair and just investigation

If you are unfamiliar with the legal claim process, asking the right questions to your witness or providing the required information will feel overwhelming and demanding. With an attorney, you’ll have an experienced individual who knows all the ins and outs of the legal claim process. 

Contact Dale R. Rose for a Texas Car Accident Attorney You Can Trust

A car accident witness is crucial to proving the other person’s fault, but to recover the best possible amount of compensation for your case, you’ll need to discuss your plan with a car accident attorney. Attorneys with Dale R. Rose, PLLC have years of experience working with clients to receive the necessary compensation for their recovery. With positive past results and testimonials, we’re confident about our legal representation. 

Call (972) 634-7673 or fill out our contact form to schedule a free consultation. 

What Makes an Injury Catastrophic and How Does It Affect My Claim?

Road accidents are a leading cause of non-natural death and often inflict severe, debilitating injuries on those involved. In cases where the responsible driver participates in negligent actions and causes an accident, you have the right to pursue compensation for the damages and injuries you endure. 

The medical fees, lost wages, and other financial losses that you incur after an accident can start to add up. When you work with a catastrophic accident attorney, you’ll have experienced legal representation by your side every step of the way. They’ll assist with collecting the necessary documents, gathering evidence, and navigating you through the filing process. With the help of a motivated attorney, you’ll be able to rely on a trusted individual who is working for your benefit. 

What Is a Catastrophic Injury in a Personal Injury Claim?

A catastrophic injury refers to injuries that result in long-term disabilities and hindrances. Injuries that permanently prevent you from performing your daily tasks and duties are also recognized as catastrophic injuries. From motor vehicle accidents to malpractice cases, if someone else’s reckless behavior causes you to have life-altering debilitations, you’re eligible to recover compensation. 

Some examples of catastrophic injuries are: 

  • Severe burns
  • Traumatic brain injuries 
  • Spinal cord injuries
  • Loss of hearing or sight
  • Amputation
  • Nerve damage 

Feeling frustrated and distraught after a catastrophic injury is normal and justified. Your attorney will work hard to hold the other person accountable for their negligence and obtain a recovery. When you seek help from a catastrophic injury attorney, they will be able to advocate for your rights and intentions in legal conflicts. 

Does a Catastrophic Injury Affect My Claim?

In a personal injury claim, all injuries and medical treatments are considered critical to document and note. However, catastrophic injuries have a lot more requirements and needs. Those suffering from long-term disabilities and debilitations can endure hours of physical therapy and medical treatment because of the harm caused by an accident. 

Another important note to make is the fact that catastrophic injuries don’t just affect the injured person. If the individual harmed is the primary source of income for a household, the family members may face medical fees on top of daily necessities. All the many needs and expenses an individual requires should be accounted for during the legal claim process. 

Should I Contact a Catastrophic Injury Lawyer?

Due to the amount of documentation and information needed for a catastrophic injury claim, an experienced attorney is critical to receiving the compensation you deserve. With a catastrophic injury lawyer, you’ll have the time and support to focus on your treatment while still proactively seeking compensation.

The following include some of the many ways a lawyer can assist with your claim: 

  • Answer questions related to your claim
  • Conduct a fair and just investigation
  • Gather substantial evidence
  • Analyze potential legal issues
  • Establish the other individual’s negligence and liability
  • Negotiate settlement offers
  • Review legal documents
  • Help guide you through the medical process
  • Discuss claims with insurance companies

Trying to plan and collect all the data you need by yourself is stressful and diverts your recovery process. A lawyer can help navigate you through the complex and detailed processes of your catastrophic injury claim. 

Seek Dale R. Rose, PLLC for an Experienced Personal Injury Lawyer

If you find yourself in a situation where you sustained a catastrophic injury as a result of someone else’s horrible behavior, seek assistance from an experienced attorney at Dale Rose. With years of experience advocating for the rights and interests of clients, Attorney Dale Rose is motivated to help those in need and legally represent them in conflicts. Our team understands how disorienting an injury can be and provides you with dependable and honest legal representation. 

Call (972) 634-7673 or fill out our contact form to schedule a free consultation. 

What Is the Average Settlement for a Car Accident in Texas?

After being injured in a car accident, you will likely seek a settlement on behalf of the at-fault driver’s insurance. In Texas, there have been nearly 13,000 car accidents annually that have resulted in severe injury. If you or a loved one has suffered an injury due to another driver’s negligence, you may be eligible for compensation. 

Dale R. Rose is an experienced car accident injury attorney who has been helping clients in Texas for nearly 25 years. When pursuing a car accident settlement, you may be wondering what amount you should be expecting. Knowing the average settlement for car accidents in Texas can help you figure out when you are being offered a fair amount. 

The Average Car Accident Settlement in Texas

After being involved in a car accident and filing a claim, you may likely be offered a settlement from the at-fault driver’s insurance company. Your settlement amount will not be the same as any settlement before or after yours. This is because many factors determine the exact amount that a car accident settlement will be, and your case is unique. Due to this, there is not an exact average of what you can expect to collect in a car accident settlement. However, a Texas car accident attorney may be able to help you calculate and estimate a realistic and fair sum for settlement. And an attorney may likely get you more for damages that you can get on your own. 

What Factors Determine the Amount Offered for Your Settlement?

Every settlement amount will be different depending on that particular car accident claim. Depending on the liability, the type and severity of your property damage and injuries, the amount you are awarded can vary greatly. Some other factors that may determine your settlement amount are:

  • Current or ongoing medical bills
  • Rehabilitative therapy costs
  • Lost wages
  • Loss of earning potential
  • Pain and suffering

In pursuit of seeking compensation for any of the above damages, your car accident injury lawyer will likely ask you to provide them with the following items to give to the insurance company as proof of damages:

  • Medical records and physician statements
  • Medical bills
  • Police reports
  • Photographs of the accident site or scene
  • Witness statements from the scene of the crash
  • Accident reconstruction report

A huge benefit of having the help of a car accident injury attorney with experience handling claims in Texas is that they will get the information needed for you to build your injury claim for the best possible settlement. 

Why It’s Important to Negotiate Your Settlement 

In Texas, it is required that insurance companies offer and negotiate settlements in good faith. With that being said, any experienced car accident injury attorney will tell you that you should never accept the first offer given to you by an insurance company. If you do, you may be cheating yourself out of thousands of dollars you may desperately need to cover medical bills and other costs. 

Most insurance companies will pull out all the stops to attempt to downplay your injury claim, in turn offering you the lowest settlement they can because you don’t know the information that they need to get you the best offer. However, an experienced car accident attorney may be able to help you negotiate the settlement amount, build your claim, and help you get the best possible settlement amount for your case.  

Get Help with Your Car Accident Settlement from a Texas Injury Lawyer

Being involved in an accident can leave you with injuries and damages that can completely alter your way of life. Whether you are suffering physically, financially, or both following a car accident, Dale R. Rose is prepared to help you with your Texas car accident injury claim. Serving as a practicing injury attorney since 1992, Dale R. Rose offers each client top-of-the-line care when helping them build a car accident injury claim. Offering award-winning legal services, you can schedule a consultation by filling out our contact form or calling (972) 634-7673.

4 Common Causes of Motorcycle Crashes in Texas

Driving a motorcycle can be a fun and exhilarating means of transportation, but it is no secret that motorcycles can be very dangerous. Compared to drivers in closed, four-wheel vehicles, drivers and passengers on motorcycles are left much more vulnerable to hazards in the event of an accident. With over 5,000 motorcyclists dying annually in motorcycle crashes, staying alert and practicing safe driving methods while operating a motorcycle is crucial. 

Motorcycle crash injury attorney Dale R. Rose has been helping victims in the state of Texas for nearly 25 years. While a crash can occur for an infinite number of reasons, there are four common causes often to blame for Texas motorcycle crashes. 

The 4 Common Causes of Texas Motorcycle Crashes 

Over the years, the number of motorcycle crashes has dropped significantly, but it does not change the fact that motorcycle crashes are still common in Texas. Texas is known for dangerous roadways, and motorcyclists are left exposed and at mercy to the multitude of hazards on the roads. Motorcycles are less visible to other drivers and are far less stable. The following are the most common causes of motorcycle crashes in Texas:

Failure to See the Motorcyclist

The National Highway Traffic Safety Administration has reported that more than 40 percent of motorcycle accidents occur when a driver turns left without checking or not seeing a motorcyclist in their path. In this scenario, a motorcyclist may be going straight, passing, or overtaking another vehicle. It is imperative to always check your surroundings and be alert when making a left turn. 

Because motorcycles are smaller than other cars or trucks, when a driver checks their blind spot, they may not see the motorcycle and cause a severe accident. This is why it is always so important to do a check of any blind spot when making turns or changing lanes. 

Dangerous Weather Conditions

Texas drivers are prone to be caught in dangerous weather conditions that make roads slick or hazardous to drive on. However, due to motorcycles having only two wheels—making them far less stable than other vehicles—motorcyclists are left vulnerable when severe weather catches them out on a drive. Dangerous weather can cause motorcyclists to become disoriented or even spin out, causing an accident. 

Lane Splitting

Lane splitting is when motorcyclists ride along the line that divides two lanes of traffic and often occurs during slowly moving traffic to save time. Due to motorcyclists getting dangerously close to vehicles during this maneuver, it can often lead to crashes. While there is no explicit law prohibiting lane splitting, the law states that drivers must remain in a single lane, essentially making lane splitting illegal. 

Failure to Obey Traffic Signs and Signals

Traffic signals and signs are there to help keep all drivers safe. When a driver runs a red light, speeds past a stop sign, or turns right when they are in a left turn only lane, there is a risk for an accident. Always be sure to be alert when you are driving so as not to fail to obey traffic signals. 

Get Help from a Skilled Texas Motorcycle Accident Injury Attorney

If you have been injured in a motorcycle accident in Texas, you may be entitled to compensation for your damages. Whether you have incurred medical costs from your injuries, lost wages, or property damages, you should not have to pay out of pocket for an accident you did not cause. Dale R. Rose is an experienced Texas injury attorney helping victims of motorcycle accidents get the compensation they are owed. 

Dale R. Rose is an award-winning injury lawyer with extensive experience handling motorcycle injury claims. Complete our contact form or call (972) 634-7673 for a free consultation.

4 Steps to Take after a Car Accident in Texas

Car accidents can happen in an instant, but they leave long-lasting consequences for the victim. Medical bills and property damage costs add up quickly. The injured party may even be out of work, only adding to their financial stress. However, when another party’s negligent actions are to blame, you might be entitled to financial compensation. Obtaining the compensation needed to cover accident-related costs can be challenging, but following these four steps may make the process easier.

One crucial step many accident victims fail to make is hiring an injury attorney. An experienced Texas car accident attorney will know the ins and outs of the state’s injury laws and can guide you through the legal process.

Call 911 after a Car Crash in Texas

While the immediate aftermath of a car accident can be overwhelming, you must call law enforcement. Police officers can write an accident report that details the specific information regarding the accident and identifies the parties involved. The information in the report is crucial if you have to file a claim later.

Furthermore, Texas law requires you to report a car accident if the crash caused a severe injury, death, or damage to a vehicle that makes it unsafe. After you call the police, you must stay at the accident scene. Leaving may result in a criminal hit-and-run charge.

Document the Car Accident

While you wait for police officers to arrive, you should photograph the accident scene. Pictures are an excellent source of evidence. Take photos from multiple locations, but make sure that both vehicles are in the shot. You should also take up-close pictures to show damage. Photographing your injuries at the accident scene may also be helpful.

In addition to taking pictures, you should use this time to gather information from the other driver. You will want their name, contact information, insurance policy number, vehicle registration number, vehicle make and model, and driver’s license number. Your insurer and attorney will need all of this information when filing a claim.

Seek Medical Attention Following a Car Accident

It is best to seek medical attention immediately following a car accident. Even if you feel only minor pain, you should still contact a doctor. Injuries can take time to fully manifest, but a doctor may diagnose and treat such injuries before they worsen. A doctor can also diagnose any internal injuries, such as organ damage or internal bleeding.

In addition to your injuries worsening without medical treatment, an insurance company may try to reduce or deny your claim if you do not take this step. Insurers will argue that your injuries were either not as severe as you claimed or that an unrelated accident caused your injuries. Do not risk the compensation needed to cover medical bills; schedule a doctor’s appointment right away.

Notify Your Insurance Company

You should contact your insurance company and notify them of the accident. The agent will likely ask you questions regarding the accident that you should answer honestly. Do not try to mislead the insurer because it may harm your claim later. You may have to file against your insurance if the other motorist is uninsured or your injuries exceed their insurance limit.

While you want to inform your insurance company of the accident, you should not discuss the case with the other driver’s insurer. Their insurer will look out for their best interests, meaning they may employ tactics to reduce or deny your claim. It is crucial that you not speak to them until after you have consulted with a Texas injury attorney.

Skilled Texas Car Accident Attorney to Fight for You

If you were in a car accident in Texas, contact Attorney Dale R. Rose. With nearly 25 years of experience and over 155 jury trials under his belt, Attorney Rose dedicates himself to representing those injured because of another’s negligent actions. Having represented accident victims, small businesses, large corporations, and criminal defendants, he brings a unique perspective to each case he represents.

When you partner with Attorney Rose, you can be confident that he will do everything possible to ensure the responsible party is held accountable for their negligence. To schedule a free consultation, call (972) 634-7673 or complete our contact form today.

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