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In 2016, a woman filed a premises liability lawsuit against Walgreens seeking $1 million dollars in compensation after tripping and falling as she exited the Walgreens store in Beaumont, TX. The woman claims she fell and suffered multiple injuries and cuts to her face, neck, and back after tripping on a tattered mat in front of the store and hitting the concrete sidewalk. This is just one of many examples of premises liability cases in which a victim was injured because a property owner failed to adequately maintain their premises. The attorneys at the Oberg Law Office go over how poor maintenance can be the grounds for a personal injury lawsuit and explain the steps you may take to recover compensation after being hurt on someone else’s property.

How Can Poor Maintenance Cause People to Get Injured on Someone’s Property?

In Texas, property owners are expected to take care of their property and make it safe for visitors, which may require regular inspections, maintenance, cleaning, and repairs. For example, a retail store where issues such as broken fixtures, wet or slippery floors due to spills, leaks, or food items being dropped, and cracked sidewalks with uneven surfaces pose a hazard to both visitors and employees as all of these issues could have been identified and repaired with a proper maintenance protocol.

Other issues, such as lights and security cameras that are not working properly, locks that are broken and cannot be secured, and even elevators and escalators that are not regularly inspected and maintained, can pose a hazard and cause injuries to those present on the premises. All of these items are the responsibility of the property owner, and a failure to detect and repair these issues could be considered negligence.

Who Is at Fault for an Injury Caused by Inadequate Maintenance?

If a person is lawfully present on someone else’s property (meaning they are not trespassing or entering the property with the intention of committing a crime) and gets hurt because of a hazard resulting from poor maintenance, the property owner may likely be responsible for that person’s injuries and damages. If the injury occurred in a private residence, then the victim may be able to file a claim with the insurance company that provides homeowner’s coverage for that residence.

If the injury took place at a business, such as a grocery store, the victim may be able to obtain damages compensation by filing a claim with the insurance company that provides liability coverage for that business. However, in many cases, filing a lawsuit against the property owner may be the only feasible option. In that case, it is best to contact a skilled premises liability lawyer to discuss your case.

When Can a Third Party Be Sued for a Premises Liability Accident?

In some cases, the problem that led to a plaintiff getting injured can be traced back to a third party rather than the property owner. For example, suppose the owner of a commercial property hired a paving company to repair the parking lot and fix several potholes. The company resurfaced most of the parking lot but failed to adequately repair a pothole near the busiest area of the lot. A few days later, a customer ended up tripping and falling because they did not see the pothole as they walked back to their parked vehicle.

In this case, it could be determined that the paving company is mostly at fault for the accident and thus may be held liable for any damages suffered by the plaintiff. Shifting the liability to a third-party defendant is rather common in premises liability cases. Other common examples of third-party defendants can include a security company that failed to provide adequate security measures and allowed criminal activity to threaten visitors at a business or an elevator maintenance company that did not adequately train its employees to repair faulty equipment. In some cases, it is also possible for the property owner and the third-party defendant to share liability for the accident.

What Should You Do if You Are Injured While on Someone Else’s Property?

If you are hurt while visiting a private property or place of business, be sure to get medical help right away if your injuries are severe. If possible, you will also want to document your surroundings and take pictures or videos of the issue you believe caused your accident. Retain a copy of your medical records and take pictures of your injuries. You may also try to find out if your accident was captured by any security camera, as video footage of the incident may be extremely helpful for your case. Finally, you will want to write down the name and contact information of any witnesses who may have seen what happened, then reach out to a premises liability attorney as soon as possible.

Working with a skilled attorney is key, as premises liability cases are the most common type of personal injury case, and certain types of claims, such as slip-and-falls, can be seen as frivolous by insurance companies and by the court. An experienced attorney can help you build a strong case by providing evidence of your injuries and damages and effectively linking them to the property owner’s negligence.

If you were a victim of an accident caused by a property owner’s failure to maintain their premises free of hazards, contact the attorneys at the Oberg Law Office. Our legal team has helped countless injured clients in the Mesquite, TX, area, and we are ready to help you stand up for your rights. Contact us today at 972-672-9700.

Car accidents are all too common in Texas and lead to thousands of injuries and fatalities every year. While the Lone Star state may be home to two of the most dangerous highways in the nation – Interstate 35 and Interstate 45, many serious and fatal accidents could likely have been avoided if drivers had not acted with negligence and chosen to engage in dangerous driving behaviors.

Mesquite attorneys for motor vehicle incident cases discuss how car accident cases work in Texas and what rights you may have as a victim of a negligent driver. If you were hurt in a car accident caused by someone else, call the Oberg Law Office at 972-672-9700 for the legal representation you deserve.

How Many Car Accidents Happen in Texas Every Year?

Every year, the Texas Department of Transportation (TxDOT) publishes statistics about motor vehicle crashes in the state. According to the TxDOT 2021 Motor Vehicle Crash Facts report, 15,769 crashes resulted in serious injuries in Texas in 2021. These accidents resulted in 239,709 people injured and 19,456 people sustaining a serious or incapacitating injury. There were also 4,497 deaths resulting from motor vehicle accidents, with over half of these fatalities occurring in rural areas of the state.

These statistics are quite concerning, as the TxDOT reports there was at least one fatal motor vehicle accident in Texas every day during the year 2021. That means one person was killed in an accident every 1 hour and 57 minutes, and one person was injured every 2 minutes and 11 seconds. Unfortunately, a good percentage of these accidents and resulting injuries or fatalities could likely have been avoided, as the main causes of such crashes appear to be negligent driver behavior.

What Are Some of the Leading Causes of Car Accidents in Texas?

The statistics presented by the Texas Department of Transportation point to distracted driving and impaired driving as two of the leading causes of car crashes in the state as of 2021. It is estimated that as many as 1,141 people died in a car accident that involved a driver under the influence of drugs or alcohol. That number accounts for 25.37% of all motor vehicle deaths in the state. Driving with a blood alcohol content of 0.08% or higher is illegal for drivers over the age of 21, but drivers who are younger than 21 are not allowed to have any detectable alcohol levels in their bloodstream while driving.

Another leading cause of fatal accidents is distracted driving – as many as 436 people have reportedly been killed in motor vehicle accidents in which a driver was distracted. Using a smartphone to text or talk while driving, as well as other types of distractions such as eating, putting on makeup, adjusting the radio, or getting distracted by a passenger in the vehicle, is not only dangerous but also illegal in Texas. In order to address the growing number of accidents caused by drivers who are texting or otherwise distracted by their phones, the state has recently passed laws making it a misdemeanor to drive while distracted.

It is also worth mentioning that other behaviors, such as speeding, following another vehicle too closely, making unsafe lane changes, driving aggressively, weaving through traffic, and failing to maintain one’s vehicle properly, are also common causes of car accidents in Texas. Such behaviors can result in collisions with other vehicles or in equally dangerous single-vehicle accidents.

Do Car Accident Victims Have the Right to Seek Compensation for Their Damages?

The behaviors described above could be considered negligence, as a driver chooses to engage in these behaviors in spite of knowing the risks associated with them. If a person is injured or killed as a result of another driver’s negligent behavior, that person may be entitled to receiving monetary compensation for their injuries and damages.

In order to seek compensation, the injured victim may need to prove that the damages they have experienced are a direct result of the other driver’s negligence and breach of duty of care to other roadway users. This may be done in the process of filing an insurance claim with the at-fault driver’s insurance company. If the at-fault driver is underinsured or does not have any insurance coverage, the victim may want to consider speaking to an attorney and discussing the option of initiating a personal injury lawsuit against the negligent driver.

When Should I Hire a Car Accident Attorney for My Case?

If you were injured and sustained damages in a car accident in Texas, you may be entitled to compensation if you can prove that your damages were a result of another driver’s negligent behavior. However, it is up to you to collect the required evidence and build your case. This is when the help of an experienced car accident attorney can truly make a positive impact on your case.

A skilled attorney is familiar with how most auto insurance companies operate and can help you with the steps required to file a claim and negotiate a fair settlement on your behalf. If your case needs to be taken to trial, your attorney can assist you with gathering and preparing the necessary evidence to show the court that you have been hurt and suffered damages due to another party’s negligence. Your attorney can help you prove your case and secure maximum compensation for your financial losses (such as medical bills, lost wages, and damaged property) and non-economic damages (such as pain, suffering, and emotional distress). While car accidents may be common in Texas, no car accident case is the same. The attorneys at the Oberg Law Office are ready to help you with your case. Call our office in Mesquite at 972-672-9700 for a free consultation.

When Can You Sue a Trucking Company After a Truck Accident?

Trucking companies can be liable for accidents caused by their drivers. However, knowing when to hold the company liable is not always straightforward, as sometimes the driver may be at fault. That’s where a skilled personal injury attorney in Mesquite comes in to help you determine liability.

The process is often complex, but lawyers can engage expert witnesses and accident reconstruction experts to arrive at a conclusion that is beyond doubt. The lawyer will also help you collect the necessary evidence to prove liability and pursue compensation for the damages.

How Can Trucking Companies Be Held Liable for an Accident?

A trucking company can be at fault for an accident directly or vicariously. Direct liability implies the company is guilty of some negligence that directly contributed to the accident. An example is when a trucking company fails to maintain its trucks properly, and mechanical failure contributes to the accident.

Vicarious liability is when a trucking company is indirectly liable for an accident. The “respondeat superior” concept kicks in, implying that the master is answerable. In most cases, trucking companies are held vicariously liable for the recklessness of their truck drivers.

That happens if the driver is an employee or legal agent of the company, not an independent contractor. Trucking companies often deny responsibility to avoid compensating victims. Working with an experienced Mesquite truck accident lawyer improves the chances of recovering the compensation your case deserves.

Trucking Company Negligence

Trucking company negligence can take many forms, with the following being some of the most common scenarios:

Violation of Hours of Service Rules

In Texas, all truck drivers must have eight consecutive off-duty hours before a driving shift. The shift must entail, at most, 12 consecutive hours of driving. Unfortunately, some trucking companies violate this rule and subject their drivers to long working hours without the necessary breaks.

Driver fatigue decreases their efficiency on the road. When a crash happens, and it is established it was due to a violation of the hours of service rules, the trucking company can be held liable. Your Mesquite truck accident lawyer can assess the driver’s log of working hours to determine how many hours the driver had been working at the time of the accident to determine fault.

Hiring Unqualified Truck Drivers

Commercial truck drivers must have specific skills, qualifications, and behind-the-wheel experience. They also must undergo medical fitness and drug testing according to federal trucking regulations before being hired by trucking companies.

These rules exist to try and ensure commercial truck drivers have the skills to operate massive 18-wheelers safely. The regulations also deter drivers with severe medical conditions or addictions that may threaten their ability to maintain safe driving conditions.

Trucking companies can be responsible for an accident for hiring unqualified truck drivers. A skilled truck accident lawyer in Mesquite can establish the following forms of negligence:

• Not screening drivers during the hiring process.
• Not conducting drug testing when hiring drivers or after collisions.
• Overlooking training or not verifying a driver’s credentials before entrusting them with the responsibility of driving an 18-wheeler.

Training Requirements

Trucking companies must put employees through appropriate training to prepare them for the task ahead. Training should comprise the following at a minimum:

• Reviewing safety regulations with drivers
• Conducting driver training with test-drives
• Reviewing traffic regulations and laws governing 18-wheelers

Failure to train drivers may take many forms. If an accident results in the injury of another person, the trucking company may be held liable, allowing you to pursue compensation for your injuries.

Vehicle or Equipment Failure

Trucking companies must maintain their big rigs and the equipment used in loading, offloading, and maintaining the safety of the vehicles. While some take this responsibility seriously, others don’t, meaning that:

• Catastrophic equipment failures such as brake failure and tire blowouts can happen on the road, causing irreversible damage
• Risky and potentially faulty equipment that isn’t repaired or replaced promptly can cause accidents

Trucks require routine maintenance to eliminate:

• Brake problems
• Tire wear and tear
• Oil issues
• Broken mirrors, glass, or windows
• Windshield wiper adjustments
• Steering problems

Failure to address these issues puts the driver and vehicle in danger. A truck company that honors its obligation to inspect, maintain, and repair its fleet can prevent most vehicle and equipment failures responsible for truck crashes. Failure to do so can make it liable for the accident.

Unsafe Procedures, Policies, and Decisions

Trucking companies sometimes lack policies or procedures to prevent truck accidents. For example, they lack policies for properly screening and training drivers. On the other hand, some trucking companies may have policies that violate federal trucking regulations. For example, requiring drivers to work back-to-back shifts with little or no hours of rest violates HOS rules.

Cargo Loading Negligence

A trucking company must also ensure the cargo is secure and doesn’t exceed the designated volume and weight limits for different cargo types. If an overloaded truck or improperly secured cargo causes an accident, an experienced truck accident lawyer in Mesquite can help prove the company’s liability.

An Experienced Truck Accident Lawyer Helping You Determine Truck Company Liability

A set of laws governs the trucking industry, and truck accident cases revolve around these regulations. If you got into an accident involving a truck, proving the truck company’s liability can be complex, and you may be unable to pursue compensation. However, a skilled Mesquite personal injury attorney knows how to navigate such cases and can help you.

The truck accident attorney at the Oberg Law Office has been providing legal counsel and representation to clients involved in truck accidents for many years. Our team takes pride in being able to help personal injury victims pursue the total compensation they deserve for injuries caused by someone else’s negligence. Call us at (972) 682-9700 to schedule a FREE case assessment.

What Are Texas Boating Accident Laws?

Texas accident laws still apply on the water, and when an accident happens, the operators of vehicles involved must stop at the scene. They also must provide any assistance necessary unless doing so would endanger their lives, vessel, or passengers. They must also give their name, address, and vessel ID in writing, just like any vehicle driver would.

The law also requires the accident to be reported to the local authorities. An official report must be completed, alongside witness testimonies and contact information. If you were involved in a boating accident, consult a skilled personal injury attorney in Mesquite for legal counsel.

Who is Liable in Boating Accident Cases in Texas?

Boating accidents can have devastating consequences, and the injuries can be severe. The accident’s impact can lead to mental or emotional distress and physical harm. Depending on the circumstances, the injuries could even be fatal. If someone’s negligence or recklessness caused your injuries, you can pursue compensation for the damages.

However, you must prove the other party’s liability before you can recover any compensation. Proving liability is often complex, but a skilled boat accident attorney in Mesquite can help you. They understand how personal injury laws work and can use their years of experience to help you navigate the legal elements of your boating accident.

One or more parties could be found liable for the boating accident:

The Boat Operator

Boat operators should not be intoxicated while operating the vessel. It’s also their responsibility to ensure the passengers are safe by:

• Providing enough life jackets for all the passengers
• Ensuring the life jackets are approved and in excellent condition
• Ensure the jackets are the wearers’ sizes, not larger or smaller

Having insufficient life jackets for the number of passengers on the boat or not requiring passengers to wear them violates the law. Vessels should have a Type I, II, or III U.S. Coast Guard-approved life jacket for all passengers. Boats over 16 feet should have a Type IV Coast Guard-approved throwable device.

If a boat operator disregards boating laws in Texas, you can hold them liable if an accident happens and you’re injured. One of the top reasons for fatal boating accidents is operator inattention. An experienced boat accident lawyer in Mesquite can help you hold them liable, especially if it’s a recreational boat.

Passengers

Boat passengers sometimes act recklessly, leading to boating accidents. You can hold them liable for the accident, primarily if they acted in a way that prevented the boat operator from fulfilling their duty. Additionally, if passengers behave recklessly and the operator doesn’t stop them despite being able to, both the operator and passengers can be held liable for the accident.

Boat Owners

Boat owners should exercise caution when hiring boat operators. They must ensure they have the qualifications and experience to operate the vessels.

Failure to do so can make them liable for boating accidents due to boat operators’ inexperience. Besides, boat owners must ensure the proper maintenance of their vehicles at all times.

Boat Manufacturers

Boat manufacturers can be held liable for boating accidents if the boat is found to have a manufacturing defect. Experienced Mesquite boat accident attorneys can help you hold manufacturers of other safety equipment responsible for the accident if these items malfunction, for example, life jackets.

Rental Companies

A rental company can be held liable for a boat accident if it fails to carry out routine maintenance on the vessel. If the company is aware of other faults in the boat and fails to fix them, it can also be found liable for the accident if the boat malfunctions.

However, most rental companies usually try to protect themselves from such liability. They do so by making you sign a waiver that absolves them of liability if anything happens to you on the boat. It’s crucial to check the terms of the contract before signing, but if you already signed, all hope is not lost.

Depending on the circumstances under which you signed the contract, it may not be enforceable, and you may still be able to pursue compensation. An experienced Mesquite boat accident lawyer can review it and find loopholes.

What Damages Can I Recover in a Boating Accident Lawsuit?

If your boat accident lawyer in Mesquite can prove the negligence of the at-fault party, they can help you recover several types of compensation for your injuries and losses:

• Medical expenses
• Loss wages
• Loss of earning capacity
• Property damage
• Emotional trauma
• Pain and suffering from the injuries

You can also file a wrongful death claim if you lost a loved one in the accident. You may be eligible for compensation for funeral costs, the deceased’s lost wages, and lost companionship. Let a skilled personal injury attorney in Mesquite evaluate your case and advise you on the available legal options.

Learn Your Legal Options in a Boat Accident Case in Mesquite

Boating accident cases can be complex, and determining liability is often a lengthy process with many factors to be considered. If you sustained injuries in a boat accident for no fault of your own, you deserve compensation from the negligent party. Talk to a skilled Mesquite boat accident lawyer as soon as possible and let them help you navigate the complex system to pursue justice.

Oberg Law Office is a personal injury law firm with skilled accident lawyers who can look into your case and advise on your legal options. We can handle every legal aspect of your case, including building a solid compensation claim to ensure you get the compensation you deserve to help you get back on your feet. Call us at (972) 682-9700 to schedule a FREE case assessment.

If you are a parent, you probably prioritize your kids’ safety. Our attorneys explain what the state laws say about car safety for children and provide tips to help you stay compliant.

What Do Texas Laws Say About Child Passenger Safety?

In Texas, car accident injuries are among the top causes of severe and fatal injuries to children. Therefore, Texas laws require parents and caretakers to observe and comply with safety measures for children riding in passenger vehicles.

Children younger than eight must use a child safety seat system when riding in a passenger vehicle. In other words, if a child has not yet reached their 8th birthday, they should be riding with an appropriate car seat or booster seat as the adult lap belt does not fit them properly and could cause injuries.

Is It Illegal for Children to Ride in the Front Seat?

In Texas, children are required to ride in a safety seat system that is installed and used following manufacturer instructions. While the law does not explicitly address whether children can be in the front seat, car seat manufacturers always recommend the child seat be installed in the vehicle’s back seat.

No rear-facing child seats should be used in the front seat due to the child’s risk of injury if the airbag system deploys during a crash. Young children should ride in the back seat – doing so reduces the chances of a fatal injury in a car crash.

When Can My Child Stop Using a Booster Seat and Only Use a Seat Belt?

Once your child turns eight years old or reaches the height of 4’9″ or taller, it is generally safe for the child to use an adult lap belt. However, researchers and doctors recommend keeping children adequately restrained in the back seat until the age of 12.

If you are unsure whether your child needs a safety seat, consider consulting with your child’s pediatrician. In addition, many local fire departments offer free car seat checks for parents. Parents who fail to properly restrain their child while riding in a car may have to pay a fine of up to $250.00.

Do Car Seats Need Replacing After a Crash?

Most manufacturers require car seats replaced after a moderate to severe crash. If you or your child were hurt in an accident and need legal help, the Oberg Law Office is here to help. Call us at 972-640-9147.

What Are the Injuries I Can Sustain in a Rear-End Accident?

Rear-end accidents happen when a car crashes into another one from behind because of distracted driving, driving too fast, being hit by another vehicle and pushed into the one in front, or following too closely. Many people underestimate the impact of a rear-end accident, but it’s crucial to treat the accident carefully, no matter how insignificant the damage seems to be.

A personal injury attorney explains that rear-end collisions can have devastating consequences. You could sustain several types of injuries, which can be costly to treat and affect your life profoundly. Some of the most common injuries from rear-end collisions are the following:

Whiplash

Whiplash is one of the most common injuries people sustain in rear-end accidents. The injury doesn’t involve broken bones, but it can be painful. It happens when the head experiences sudden forced movement forward and then backward.

Victims of whiplash injuries may experience soreness and neck pain for over a week. In the worst-case scenario, the symptoms may last over a year following the accident. You may have to endure severe muscle and nerve damage and stomach pain. A skilled seasoned rear-end accident injury advocate in Mesquite can help you pursue compensation for the injuries from the at-fault party.

Back Sprains

Back sprains are injuries that affect the ligaments in the back rather than the muscles or tendons. They involve stretching or tearing a ligament that connects the bones at the joints. While sprains often happen during a fall or a sudden twist, they’re also widespread during rear-end car accidents, even when wearing a seatbelt.

Traumatic Brain Injuries

A rear-end accident could cause you to hit your head against the steering wheel, window, or airbag. The force could result in traumatic brain injuries, depending on the severity of the impact. Symptoms of traumatic brain injuries include the following:

• Memory loss
• Headaches
• Loss of consciousness
• Mood swings
• Vision issues
• Speech issues
• Impaired cognitive function
• Extreme fatigue

Severe brain injuries could also cause paralysis, coma, or other issues that could affect you for the rest of your life. You may need ongoing medical care, therapies, and rehabilitative care, which are costly and may deplete your finances. That’s why you need to pursue compensation from the negligent party with the help of a Mesquite rear-end collision lawyer.

Damage to Internal Organs

The impact of a rear-end collision could cause various injuries to your internal organs. Airbags could cause injuries to your internal organs when they deploy. You could also suffer from seat belt syndrome that damages the intestines and abdomen.

Most internal injuries are hard to diagnose without outward signs of injury. If left untreated, the injuries can become life-threatening. Ensure you seek immediate medical attention immediately after the accident. The medical report is crucial in helping you pursue compensation.

Broken or Fractured Bones

Rear-end accidents can cause you to be thrown against the dashboard or steering, causing broken bones in the chest, arms, or shoulders. The injury may be so severe that performing specific tasks during recovery becomes impossible. Compound fractures may require surgical intervention to address the condition.

What Are the Damages That Result from Rear-End Collisions?

Being rear-ended can result in costly damages and ongoing pain and suffering. A skilled Mesquite rear-end accident attorney can investigate the circumstances of your accident to determine liability. They can also show the at-fault driver’s negligence in the form of distracted driving, speeding, tailgating, drunk driving, and failure to obey traffic signals.

Depending on your case specifics, your lawyer could help you pursue various types of damages:

Economic Damages

Economic damages are the monetary losses you suffer due to the rear-end accident. Filing a personal injury claim against the negligent driver can help you recover the following losses:

• Emergency treatment and present and future medical bills
• Lost wages and benefits if the injuries are severe and prevent you from working your usual number of hours
• Loss of future earning potential if the injuries require you to take another lower-paying job or hinder you to the extent of not being able to work again
• Personal care costs, such as your living expenses
• Prescription, physical therapy, surgery, and rehabilitative costs

Economic damages are relatively straightforward to calculate depending on the severity of your injuries. Your personal injury lawyer in Mesquite can help you arrive at a fair settlement based on your medical bills, receipts, and evidence of earnings before the accident.

Non-Economic Damages

A rear-end accident can also cause difficulties in several other ways alongside physical injuries. You will likely deal with stress from missed work, mounting medical bills, and scarred relationships. Your Mesquite rear-end accident attorney can help you recover these non-economic damages to compensate you for the following:

• Mental Anguish
• Physical pain
• Psychological injuries and conditions
• Physical Impairment and enjoyment of life
• Scarring and disfigurement

Non-economic damages are complex to determine because they don’t come with a “price tag” attached to them. An experienced rear-end accident lawyer in Mesquite, TX, can help you determine a settlement that fairly compensates you for your losses.

A Skilled Personal Injury Attorney Fighting for the Compensation You Deserve

If you sustain injuries in a rear-end collision, seeking medical help is crucial to help you determine the extent of the damages. Don’t ignore the impact of the accident just because it seems minor. Your injuries may not show immediately, but the consequences could be life-long. Upon determining the damages, a skilled Mesquite personal injury lawyer can help you pursue compensation.

At the Oberg Law Office, we are dedicated to helping keep our community safe by enforcing the safety rules that have been violated by negligent parties. We can handle all legal aspects of the case to allow you to focus on healing and recovering. We fight to maximize the compensation you deserve. Call us at 972-682-9700 to schedule a FREE strategy session.

How Will Texas Motorcycle Laws Affect My Compensation Claim?

Getting involved in a motorcycle accident can be scary, especially if you sustain injuries and need to pursue compensation from the negligent party. Texas has laws that protect personal injury victims by helping them recover damages. However, insurance companies often use the law to their advantage to try and deny claimants the settlement they deserve.

That’s why you need the legal representation of a personal injury attorney in Mesquite to help you fight for the amount you deserve. Experienced lawyers understand personal injury laws and can help you navigate the complex legal system.

The Basics of Texas Motorcycle Laws

As a motorcycle rider, you must familiarize yourself with the basics of motorcycle laws in Texas. Understanding these laws can help you understand the risks and options of your motorcycle compensation claim.

Besides, it would be advantageous to consult an experienced motorcycle accident attorney in Mesquite if you need further clarification.

Licensing, Registration, and Insurance

Anyone who rides a motorcycle in Texas must have a Class M driver’s license and motorcycle liability insurance as follows:

• A minimum of $30,000 per injured person
• $60,000 per accident
• $25,000 in property damage

They also must have a registration sticker on their licensing plate.

Motorcycle Helmet Law

All riders between the age of five and 21 must wear a helmet while riding a motorcycle. Anyone over 21 who chooses not to wear one must have medical insurance and undertake a motorcycle safety course.

Additional Passengers

You can only ride with appropriate passengers if your motorcycle has a passenger seat. Children under five years may not ride as passengers on a bike. Passengers must also wear a helmet.

Lane-Splitting

Driving between lanes of traffic is dangerous. It’s also illegal and could complicate your compensation claim.
If you got into an accident and sustained injuries due to lane splitting or you violated any of these rules, you are not likely to receive compensation.

What Damages Can I Recover in a Texas Motorcycle Accident?

Before you can file a compensation claim, it’s crucial to determine what your claim entails. Once your Mesquite motorcycle accident attorney can prove that the other party is to blame for the accident and your injuries, they will evaluate the damages you can recover. Damages are the costs associated with the harm caused by the defendant.

In Texas, damages are classified into two broad categories:

Special Damages

These types of damages are clearly tied to your injuries or damage to your property. They are easy to quantify and include the following:

• Emergency treatments and medical bills
• Prescription costs
• Cost of medical devices
• Lost wages
• Loss of earning capacity
• Cost of surgeries, future rehabilitation, and therapy
• Property damage

General Expenses

Your motorcycle accident claim should also cover non-economic damages. These refer to the accident’s implications at a personal level, and it’s not easy to attach a dollar value to them. They’re often a point of contention in determining a fair settlement amount and include the following:

• Pain and suffering
• Loss of consortium
• Scarring
• Loss of enjoyment of life
• Emotional distress
• Chronic pain
• Mental anguish
• Embarrassment

An aggressive motorcycle accident in Mesquite can investigate your case’s circumstances and help you calculate a fair compensation amount. The judge and jury may also decide to award punitive damages if the wreck was the result of “gross negligence”. While these don’t compensate for your injuries and loss, they punish the at-fault party for their gross negligence.

How Much Can I Recover in My Compensation Claim?

Before filing a compensation claim, it’s crucial for your attorney to evaluate all the factors that could affect the compensation amount you receive:

The Extent and Severity of Your Injuries

Your compensation amount will largely depend on the extent and severity of your injuries. The more severe the injuries, the higher your compensation amount will likely be. If the collision was not major, your lawsuit might only comprise actual losses such as healthcare expenses, loss of income, and property damage.

Case Evaluation

The court will extensively assess the damages from the motorcycle accident. During the valuation process, your lawyer will also evaluate what the other party is willing to offer as a settlement before trial.

Evidence to Support Your Claim

The events leading up to your motorcycle accident and after will determine the amount you will possibly get from the lawsuit. Insurance adjusters work to the benefit of the insurance companies they represent, and they will do everything they can to dispute your claim to offer a low settlement.

That’s why you must have compelling evidence to support your claim. Your motorcycle accident lawyer in Mesquite can help you compile the necessary evidence to support your claim. These include:

• Medical records and documentation for the injuries
• Witness statements and police record
• Estimates of loss income
• Documentation of your altered quality of life
• Accurate estimates for future treatment

Statute of Limitations

You must file your compensation claim within the stipulated statute of limitations for it to be valid. You have up to two years from the date of the motorcycle accident to file your compensation claim. A skilled lawyer can help you file within the required timelines and fight aggressively to pursue the total amount you deserve.

Strategic Legal Assistance in Texas Following Your Motorcycle Accident

Several factors come into play in a motorcycle accident claim. Demonstrating that another party was at fault and why you deserve to be compensated can be challenging. However, a skilled personal injury lawyer in Mesquite can provide the legal counsel and representation you need.

Our law firm has a long track record of success and unmatched experience fighting for clients’ rights in personal injury cases. We want to protect you from the uncertainty of personal injury claims by pursuing full justice for your case. Call the Oberg Law Office at 972-682-9700 to schedule a FREE strategy session.

Auto Accidents: What Determines the Seriousness and Why It Matters

There are thousands of car accidents every year in Texas, but not all of these cause injury or damage to vehicles. Accidents can be minor, moderate, or major, but you don’t have to sustain serious damage to your car to be injured. Learn more about the difference between minor and serious car accidents below and why it matters.

Minor Car Accidents

Minor car accidents are commonly referred to as fender benders. There may be minimal damage to the vehicles — or even no damage at all — and any damage is likely cosmetic. Examples of minor car accidents could include:

• Rear-ending someone at a slow speed while stopping at a light
• Backing up into someone in a parking lot
• Hitting a curb, a mailbox, or another stationary object by the side of the road

The main theme of a minor car accident is that it usually involves slower speeds. And slower speeds mean less damage and less potential for injury.

Serious Car Accidents

Serious car accidents are those that involve major damage to one or both vehicles involved. In some cases, the car may be completely totaled, but accidents are often deemed serious if either vehicle is unable to be driven away from the scene. Examples of serious car accidents are:

• Crashing into someone as the result of running a red light or stop sign
• Pulling out in front of someone, resulting in a wreck
• Failing to see stopped or slowed vehicles ahead in time to respondLike with minor car accidents, the main contributing factor to many serious car accidents is speed. But in this case, it’s the faster speeds that make a serious car accident more likely.
  

  Does an Auto Accident Have to Be Serious to Cause Injury?

  An auto accident doesn’t have to be labeled as “serious” to cause significant injury, but major accidents are more likely to result in serious injuries or fatalities. Whether someone is injured in a car accident often comes down to the type of vehicles involved, whether the person was wearing a seat belt, any previous medical conditions, and the impact point of the crash. For example, it’s possible for someone to roll over their car at 60 miles per hour and end up uninjured, but it’s also possible for someone to experience debilitating whiplash and serious injury from a low-speed, rear-end collision.

  Getting Help From a Personal Injury Attorney

  Regardless of how serious the accident was, if you were injured in a car crash, it’s a good idea to speak with trusted legal counsel for vehicle collision injuries about your options. Even if your vehicle was relatively undamaged, you could still have grounds to file a lawsuit and recover compensation if your injuries required medical treatment or ongoing care. Call Oberg Law Office at 972-682-9700 to learn more.

Who is Responsible for a Rideshare Accident?

While rideshare companies like Uber and Lyft provide a lot of convenience, they can also be risky. Rideshare drivers often get into accidents like other drivers, and the injuries can be devastating. It’s even more challenging for the victim to determine who is at fault for the accident.

Usually, the at-fault driver, who could be the rideshare driver or another driver, is liable for the damages. If their insurance is inadequate to cover the entire value of the damages, then Uber’s commercial policy takes effect. Unfortunately, recovering compensation from the companies is often complex, but a skilled personal injury attorney in Mesquite, TX, can help.

Understanding Rideshare Companies’ Accident Coverage

Rideshare accident cases are not like typical car or commercial vehicle accident cases. Most rideshare companies, including Uber and Lyft, don’t classify their drivers as employees but as independent contractors. So, the drivers are not held to the same liability standards as other commercial transportation entities.

If you were injured in an accident involving an Uber or Lyft car, filing a claim against the respective company may be impossible, as the company may dispute liability. The driver’s insurance company may also not cover the damages since most personal auto insurance providers don’t cover drivers for commercial purposes.

Furthermore, and which may complicate your claim, insurance companies often determine claim amounts depending on the step of the process the driver was in at the time of the accident:

• Driver offline and not accepting requests: If the driver is not logged into the rideshare application and an accident happens, it would mean they were off duty. An insurance claim would be against the driver’s personal insurance policy. That’s one reason you should always ensure your driver remains active during your ride.
• Driver online but has yet to accept a ride request: The driver is considered on duty if they get into an accident. The rideshare companies’ insurance comes into effect, but the level of liability must be higher than required of the driver. The coverage can be up to $50,000 per person for bodily injury and a maximum of $100,000 for total physical injuries.
• Driver online and accepted a request: If a driver gets into an accident and injures a passenger in another car or a pedestrian while on their way to pick up a passenger, Uber or Lyft’s insurance would be in effect, covering up to $1 million and uninsured or uninsured motorist coverage.
• Driver actively carrying a passenger: Uber and Lyft’s insurance coverage is in effect from when a passenger gets into the car until they’re dropped off. A skilled rideshare accident attorney in Mesquite can help you file a compensation claim if you sustain injuries in a rideshare accident.

What Are Your Options After the Accident?

While rideshare companies go to great lengths to avoid taking liability for rideshare accidents to compensate victims for their injuries, you can still recover compensation. An experienced rideshare accident lawyer in Mesquite could advise you to first file a claim with the driver’s personal insurance provider and later with the rideshare company if your claim is denied.

Battling Insurance and Rideshare Insurance Companies

If you file a compensation claim against rideshare companies for injuries you sustain in a rideshare accident, be prepared to fight a tough legal battle. These companies have vast resources but also large teams of lawyers and insurance adjusters who will do whatever possible to minimize your payout or not pay altogether.

Challenging their policies could be complex, especially if you got injured due to the negligence of a rideshare driver who was off duty during the accident. Besides, the driver responsible could deny being accountable for the accident, making it a matter of your word against theirs.

How Can a Rideshare Accident Attorney Help Me?

Working with an experienced Mesquite rideshare attorney would enhance the chances of a favorable outcome in your claim. They can evaluate and investigate your claim, work out the insurance details, and compile all the relevant evidence to help you create a solid lawsuit, against Uber or Lyft, depending on the company you want to sue.

Determining Liability in Rideshare Accidents

Determining liability is crucial because rideshare companies may attempt to deny responsibility and that of their drivers to avoid paying large payouts. Your Mesquite personal injury attorney can investigate if the rideshare driver was actively transporting a passenger at the time of the accident and hold them accountable for their poor mistakes that led to the accident and injuries.

Additionally, holding drivers accountable prevents them from continuously putting their passengers at risk. If the companies are held liable for a driver’s negligence, they would be more vigilant when onboarding drivers. Addressing these accidents the legal way makes the services safer for future passengers by enforcing stricter regulations.

You May Be Entitled to More Compensation Than You Think

Despite the strict insurance policies by rideshare companies, you could still be entitled to compensation. An aggressive lawyer can fight for your rights and determine the damages you’re entitled to, such as the following:

• Medical expenses, medication, and equipment
• Physical therapy and rehabilitation costs
• Lost wages and loss of earning capacity
• Disfigurement
• Physical Pain and mental anguish
• Loss of consortium
• Funeral costs for wrongful death

All these could add up to a lot more than you think. Avoid settling for the initial offer by the insurance company before your lawyer can determine what you deserve.

Defend Your Rights After a Rideshare Accident in Texas

When you request a ride on Uber or Lyft, you expect to reach your destination safely. Unfortunately, an accident could cut your trip short and leave you with devastating injuries. If this happens, a skilled rideshare accident attorney in Mesquite can help you hold the company liable for your injuries and damages.

Our law firm presents clients involved and injured in rideshare accidents. These cases can be complex, but we put our skills to work to help them win the compensation they deserve to help them rebuild their lives. If you’ve been injured in a rideshare accident and don’t know which steps to take, call our Oberg Law Office at 972-682-9700 for a no-commitment initial consultation.