Truck Accidents Attorney: What To Expect In Loss Of Life Cases

,

 

Unlike most car accidents that only necessitate filing a claim and having your car repaired, accidents involving semi-trucks are more complicated, and if a life was lost as a result of the accident, the filing process and resulting case can become further convoluted. If you have lost a loved one due to a truck accident, call a truck accidents attorney to move forward with your claim. Read on to learn what your attorney will do and what you can expect during the claims process.

Determining Who’s to Blame

One of the first things a truck accidents attorney will do is help to determine the at-fault party – the person who caused the wreck that led to the wrongful death of your loved one. In most car accident cases, the at-fault party is usually the other driver. With truck accidents, however, determining who’s to blame is much more complicated. Because big trucks are often used for business purposes, many additional parties who were not directly involved in the accident itself can be held responsible for the wreck. A few of these potentially liable parties are:

    • The truck driver – The person who was operating the truck at the time of the wreck. If the driver was operating irresponsibly, was not following traffic laws, or committed another error, they could be to blame for the accident.

 

    • The driver’s employer – The company or person that employs the driver who was behind the wheel during the accident. Inadequate employee screening, overworking drivers, and other actions could make the company responsible if a wreck occurs.

 

    • The truck manufacturer – The company that manufactured the truck involved in the wreck. The manufacturer could be held responsible if a defect or malfunction was the cause of the accident.

 

    • The person who loaded or balanced the truck – The individual or group of individuals responsible for loading cargo into the truck, securing it, or balancing it before the trip began. These persons could be blamed for the wreck if unbalanced or poorly loaded cargo caused the driver to lose control and the truck rolled or flipped.

 

  • The person who cared for or maintained the truck – The auto shop or mechanic who recently inspected, cared for, or made a repair on the truck. If this person performed inadequate work, failed to recognize signs of a malfunction or defect, or made another error that led to the accident, they could be held responsible.

Sometimes more than one party is responsible, and if this is the case, your truck accidents attorney can help you take action against one or all of them.

Filing a Wrongful Death Claim

Once your truck accidents attorney has determined the appropriate at-fault party, the next step is to file a wrongful death claim. According to Texas laws, the statute of limitations on wrongful death suits is two years, so your claim must be filed within 24 months of your loved one’s death or you’ll lose the chance to take action.

 

After the claim has been filed, your attorney will determine how much your claim should garner you. In the event that the at-fault party wants to settle out of court, you’ll need to have a figure in mind that you are willing to settle on. Attorneys will take into account medical bills incurred, funeral and burial costs, property damage, pain and suffering, lost income, lost benefits, and many other factors to determine an acceptable settlement figure.

 

Next they’ll begin gathering evidence to prove your claim. This could include your loved one’s medical records, the Driver Qualification File (DQF) and the log book of the truck driver in question, traffic camera videos, police reports, and witness testimonies. They also may call in an expert witness who can discuss facets of the case that require a more detailed explanation.

Did You Lose a Loved One?

If you have recently lost a loved one in a truck accident, act now. Contact a truck accidents attorney at the Law Offices of Pat Maloney today for a free case evaluation.

 

/by

Truck Accident Law Firms: The Specialist Advantage

Seeking out truck accident law firms for help is the best thing that you can do to increase your chance at a successful claim. Additionally, their specialization can help you not only win, but maximize the amount of compensation you can receive from your claim. If you’ve been in a truck accident, you may think hiring any lawyer is enough to ensure your claim is successful. Unfortunately, that couldn’t be farther from the truth. If you really want to get the money you deserve from your wreck, it’s absolutely crucial you hire a lawyer who specializes in truck accident law and who’s handled hundreds of cases and knows trucking regulations like the back of their hand.
How You Benefit from Truck Accident Law Firms

Choosing an attorney with specialization in truck accidents can give you a huge advantage in your claim. They’ll bring with them an arsenal of knowledge, skills, and strategies that can help you build a strong case and, in the end, get the compensation you deserve.
Specifically, if you look to truck accident law firms for your attorney, you’ll get to enjoy these benefits:

    • They’ll know the pitfalls to avoid. There are a number of common mistakes that can be hugely detrimental to your claim. From errors in recorded statements to slip-ups at the scene of the accident, your lawyer will know exactly what pitfalls to avoid and how to avoid them. Additionally, they’ll even know how to prevent the trucking company from destroying records or log books – which could prove crucial in winning your claim.

 

    • They’ll know what evidence is necessary. If you have looked into truck accident attorneys that have been around the block a few times, they’ll know exactly what evidence is necessary to prove your innocence and pin the blame on the other driver, the trucking company, or another party involved in your wreck. Whether it’s accident scene photos, eyewitness statements, or expert testimony, they’ll know what to gather, how to get it, and how best to present it for your benefit.

 

    • They know the applicable regulations. The laws and regulations surrounding trucks, buses, and 18 wheelers are different from those that pertain to traditional vehicles. Drivers are held to different standards, and licensing is particularly stringent. Your lawyer will know exactly which laws and regulations pertain to your case, and they’ll be able to determine if the driver or trucking company involved in your accident was abiding by those rules. If they weren’t, they’ll make sure you’re compensated for it, and they’ll gather the evidence necessary to prove it.

 

    • They can maximize your compensation. An attorney who specializes in truck accidents will not just help you win your case, but they will help to maximize the amount of compensation you get out of it. With their past experiences and knowhow, they’ll be able to spot prime opportunities for seeking additional compensation, and they’ll make sure you get it.

 

  • They can help you fight fire with fire. Ultimately, when a trucking company is involved, failing to get your own legal help could lead to you footing the bill for an accident you didn’t’ cause. Most of the time, trucking companies will do all they can to avoid paying for accidents. That includes keeping experienced, high-dollar attorneys on the payroll. Unfortunately, these attorneys can be extremely cunning, often turning the tables and pinning the blame on the victim. You can help prevent this from happening to you by hiring your own attorney.

 

Were you the victim of a truck accident? Make sure you don’t get stuck paying the bill for it. Contact the Law Offices of Pat Maloney, one of San Antonio’s premier truck accident law firms, today for help.

 

/by

San Antonio Accident Attorney: Laws that Protect the Victims of Reckless Driving Accident

,

In the event you’re not given the funds you deserve, a San Antonio accident attorney can help ensure that these laws are enforced and that you’re awarded what’s rightfully yours. Getting hit by another vehicle, and dealing with individuals and/or insurance companies on your own, may make you feel helpless. Fortunately, there are a number of laws in place to protect you and your rights after you’ve been hurt in an accident. These laws ensure you’re compensated for your injuries, your property damage, and more.
Just a few of the laws that protect you in the event of an accident include:

Tort Laws

Tort laws help protect victims when they’ve been injured at the hands of another. This injury could be physical or, in some cases, it may also be some sort of financial or emotional loss. With tort law, the injury varies from case to case. Regardless, tort law entitles victims to compensation for the losses they have suffered.

Altogether, tort law can help compensate victims for:

  • Personal injury, including pain, suffering, associated medical bills, rehabilitative costs, and future expected costs.
  • Property damage, including car repairs, lost or stolen property, and fees for rental vehicles while cars are being repaired.
  • Death, and it is typically paid to the victim’s spouse or surviving dependents.
  • Emotional or mental pain, suffering, and anguish.
  • Punitive damages, if the at-fault party was particularly negligent or reckless.

There are a number of types of incidents that can lead to a tort claim, including medical malpractice, wrongful death, premises liability, libel, and personal injury. Each of these has a different statute of limitations, or timeframe within which the victim must file suit. In Texas, the statute of limitations for personal injury (as in a car accident) is two years from the date of the incident, which means if you’re hurt in a wreck, the law gives you the right to file suit within the next 24 months.

Insurance Minimums

Many states now have a car insurance minimum law on the books. This forces every driver on state roads to have a certain amount of liability insurance in their name. This liability insurance is used to cover medical costs, car repairs, and rental car fees in the event the driver causes a wreck. If drivers fail to have the adequate amount of insurance when pulled over or involved in a wreck, they can face steep fines or even jail time. Additionally, a San Antonio accident attorney could help ensure that they are charged for their negligence.

In Texas, car insurance minimums are $30,000 for each injured person (up to $60,000 per accident) and $25,000 for property damage. That means if you’re involved in a wreck, you’re due up to $30,000 for your associated medical bills and injury costs, as well as up to $25,000 for damage done to your car and other property

Bad Faith Insurance Laws

Bad faith laws protect you in the event your insurance doesn’t provide you with the coverage you need at the time you need it. If you’re hurt in an accident, and you’ve paid your car insurance premiums on time, you should be able to receive the coverage agreed upon in your policy. In fact, your policy is a legally binding contract. If you uphold your end of the bargain, the insurance company is required to hold up theirs. If they don’t, your San Antonio accident attorney could help you file a claim so you can get the coverage and compensation you rightfully deserve.

Were you hurt in a car accident? These laws and more protect your rights as a victim. Contact a San Antonio accident attorney at the Law Offices of Pat Maloney today to ensure your rights are recognized and you’re given the compensation you deserve.

 

/by

Workplace Accident Attorney: What Not to Talk About

, ,

 

Between medical bills, the inability to work, and losing out on income, getting hurt on the job can be frustrating, but these frustrations are usually alleviated by workers’ compensation, which will cover your medical bills and provide income while your body heals. However, workers’ compensation is only available if you proceed cautiously; according to workplace accident attorney Pat Maloney, one slip-up in a conversation with your employer or their insurance company could cost you some, or even all of your benefits. Ensure that you get the compensation you deserve for your injuries by avoiding the following topics when talking to your employer or their insurance company about your workplace accident:

 

    • Settling – Never accept a settlement without first consulting an attorney. In most cases, insurance companies are going to offer you as little as money as possible and hope that you’ll accept it, so always run a settlement offer by a qualified workplace accident attorney before agreeing to it. They’ll look it over, ensure it’s an adequate amount to cover your medical bills and damages, and then advise you on the appropriate action to take. If the offer isn’t enough, they’ll help you negotiate or take the employer to court if necessary.

 

    • Recorded Statements – Representatives from your employer’s insurance company are likely going to contact you immediately after your accident occurs and say that they need a recorded statement, but this may be a trick. They call quickly after an accident to try and catch you off-guard, hoping that you will admit to some level of fault in the incident so that they don’t have to pay as much out on the claim as they should. Never agree to give a recorded statement before you’ve spoken to a lawyer. A lawyer will be able to properly prepare you so you don’t implicate yourself in any way.

 

    • Signing Documents – Never sign anything without talking to a lawyer first. Once you sign something, all negotiations stop. You’ve agreed to whatever terms they’ve offered you, and there’s no going back. If you want to ensure that you get the best possible deal, always show proposed contracts and documents to an attorney before signing them.

 

  • “I’m Sorry” Never say “I’m sorry,” “my bad,” “I accidentally did ___,” or anything that could implicate you in the accident. Such phrases admit at least partial blame, and mean that your employer or their insurance company won’t have to pay out as much. Stick to the facts and keep things short and succinct when talking to any parties involved in your claim.

 

Additionally, you should never talk about your injury, your injury claim, or the accident itself with anyone who doesn’t need to be involved. That includes friends, family, and your social media connections. Posting to social media about workplace accidents can implicate you in the accident, negatively impact the amount of compensation you can earn, and even get you fired.

 

If you were hurt on the job, get valuable advice bycontacting workplace accident attorney Pat Maloney today.

/by

Work Injury Lawyer: Evaluating Lawyer Credentials

When you’re hurt on the job, your life and your income depend on choosing the right attorney, one who is intimately acquainted with the work injury sector and who can help you get the compensation you deserve. You shouldn’t just choose any lawyer you come across; you need a work injury lawyer. Following is a little bit about what these professionals do, what qualifies them, and how to find the best possible attorney for your situation.
What a Work Injury Lawyer Does


A work injury lawyer helps you get compensated for your injuries, something that often means working with your employer to coordinate workers’ compensation benefits. Through workers’ compensation, you can get your medical bills covered and continue getting a portion of your income while you’re injured and unable to work, but sometimes employers or their insurance companies are difficult when it comes to processing such a claim. A lawyer can help speed up the process and ensure that you get the money you deserve.

 

In some situations, an employer doesn’t have or isn’t required to carry workers’ compensation insurance, and when this happens it’s time to consider filing an injury claim against the person or parties who caused your injury. Your work injury lawyer can aid in this process by helping you identify the appropriate at-fault parties, filing the applicable paperwork, and supporting you through the whole situation. In the end, the claim could garner you compensation for your medical bills and lost income, future medical costs, pain, suffering, and sometimes punitive damages.
What Qualifications Does a Work Injury Lawyer Need?

The best indication of a great work injury lawyer is board specialization, and more specifically, board specialization in injury law. Board specialization is only granted to a select few attorneys in the state of Texas who have shown extraordinary skill and craft in their selected field of law. In order to qualify for board specialization, a lawyer has to have practiced law in that sector for a specified period of time, have a number of recommendations from other legal professionals, and pass an extensive examination to demonstrate their knowledge and skill. They also have to report annually to the board and file for recertification on a regular basis. They are the people most well equipped to handle your case and ensure the best possible outcome.

 

In addition to board certification, you’ll also want to look at some other things, one of which is community involvement. Find a work injury lawyer who’s been actively involved in their local bar association and other legal associations, as this shows a dedication to their craft and a commitment to continued education after licensing. Additionally, you should also look at any awards and recognition a lawyer has received, because another sign of a great lawyer is regular recognition in publications and by local bar associations.
Calling a Work Injury Lawyer


If you or a loved one has been hurt on the job, call work injury lawyer Pat Maloney for help. Pat Maloney is board certified in injury law and has more than 30 years’ experience in the industry. He is also active in numerous legal associations and organizations and was named Outstanding Young Trial Lawyer by the San Antonio Trial Lawyers Association. Contact the Law Offices of Pat Maloney to get started on your case today.

 

/by

Five Ways Auto Accident Injuries Can Affect Your Quality of Life

,

 

Auto accident injuries don’t just lead to pain and suffering, high medical bills and missed work. All of these things combined can actually result in an even more serious consequence — a decreased quality of life. For individuals who are paralyzed, lose a limb or suffer serious head trauma, quality of life can be even further diminished, making simple, day-to-day activities a challenge.

 

Five ways auto accident injuries can affect your quality of life:

 

    1. 1. Self-care – Auto accident injuries can affect your ability to care for yourself. Showering, getting dressed in the morning and even brushing your teeth can become more difficult when you suffer from a serious injury.

 

    1. 2. Livelihood – Injuries can also affect your ability to work and earn a living. It may render you physically unable to complete your job, or it can keep you away from the office for extended periods of time for treatment and recovery.

 

    1. 3. Relationships – The quality of your relationships may also be diminished when you suffer from serious injuries. Decreased mobility, paralysis, loss of vision and/or hearing can all affect how you interact with others.

 

    1. 4. Care of your loved ones – Auto accident injuries can also affect your dependents. Your injuries may render you unable to pick up your kids, drive them to school or provide them with basic care.

 

  1. 5. Your enjoyment of life – Pain, suffering and the constant challenges of being injured can seriously decrease your ability to enjoy life. Activities you previously enjoyed can become a challenge and a burden.

 

Have you or suffered from auto accident injuries? If so, then you may be due compensation for your suffering, your medical bills and your decreased quality of life. Contact the Law Offices of Pat Maloney today to discuss your case.

 

/by

Auto Accident Attorney San Antonio: When Your Crash Involves a DUI

As an auto accident attorney San Antonio residents have counted on for many decades, I’ve seen my fair share of drunk driving incidents. While in many of these cases I’ve represented the driver himself, I’ve also worked first-hand with victims of these accidents, helping them get the compensation and justice they need to fully recover.

 

Were you recently hit by a drunk driver? If so, here are the five steps you should take following your accident:

    1. 1. Call the police. Remember, drunk driving is a criminal act. The police need to be notified if you think the other driver is intoxicated—no matter what. On top of this, if you’re going to file an insurance claim against the other driver or sue them for additional damages, you will need an official police report for evidence.

 

    1. 2. Get their info. If the other driver is alert enough, get their license and insurance information. If they’re not, ask the police for it. You’ll need to know these details in order to get paid for your car repairs, medical bills and other accident-related expenses.

 

    1. 3. Call your insurance company. Call your insurance representative and tell them about the accident. Be sure to pass on the other driver’s license number and insurance details. Your insurance representative should begin the process of getting your car repairs, medical bills and other costs paid for.

 

    1. 4. Go to the doctor. Even if you don’t think you were hurt in the wreck, always see a doctor, just in case. Have them do a full physical and make absolutely sure the accident didn’t hurt you in some way. If it did, you’ll be due compensation, so be sure to keep all your bills and receipts.

 

  1. 5. Immediately enlist the help of an auto accident attorney (San Antonio’s Pat Maloney, for example.) The state will likely press charges against the driver, but you have the right to sue, too. An attorney will help you file suit, so you can get the money you deserve for pain, suffering, lost time from work and more.

 

Want to get the money and justice you deserve after your wreck? Contact Pat Maloney, the auto accident attorney San Antonio citizens count on.

/by

Five Things To Avoid In A Personal Injury Lawyer

,

When you’ve been hurt at the hands of another party, you could be due compensation, but you have to file a claim to receive it. Through a personal injury claim, you can get funds for your medical bills, lost wages and car repairs, so be sure to hire a personal injury lawyer who can help you get the most compensation possible. There are many lawyers in the business who aren’t worth the time and money you invest in them, so be careful when selecting who you choose to represent you. While looking for a good attorney, here are five things to avoid in a personal injury lawyer:

1. A lack of experience. You don’t want to hire a personal injury lawyer who doesn’t have experience. Experience is crucial because it helps them determine what evidence to gather, what angle to take in your case, and how to best sway the judge and jury in your favor. Look for attorneys with several decades of successful case results.

2. An unclear pricing structure. A confusing or unclear pricing structure is a red flag. Most quality personal injury lawyers will work on a contingency fee basis, which means that if your case is successful, they get a certain amount of your total settlement. This encourages them to work as hard as they can on your claim so that you both benefit. Other lawyers may charge an hourly or daily rate, or they may charge you a set retainer fee. Regardless of how their pricing is set up, make sure they’re up-front, honest and clear about it so you know what to expect when your final bill comes.

3. Being passed off to a paralegal or assistant. If you schedule a meeting with a potential personal injury lawyer and they hand you off to a paralegal, assistant or associate, consider it a bad sign that they’re overloaded with casework and don’t have time to meet with you. This in turn means that they probably don’t have an adequate amount of time to work on your case either, which could hurt your chances of success.

4. No access to past case results. A lawyer’s past case results and how much clients have won can give you valuable insight into their effectiveness as a legal professional. It can also help you judge how adept they’ll be at handling your case, so if a lawyer refuses to show you their past results, they’re either not proud of their accomplishments or they don’t have any experience. Either way, move on to other candidates who are willing to share their results and who can provide many positive reviews and testimonials from past clients. Some lawyers have such results and reviews available on their websites, while others will provide them at your request.

5. A messy office. If you meet with a personal injury lawyer and notice that their office is in a state of disarray, go elsewhere. A messy office can indicate financial problems, that the attorney is extremely overwhelmed with cases and doesn’t have time to properly handle yours, or that they’re disorganized and inefficient. Regardless of the reason, a messy office is never a good sign, and it’s also unprofessional.

If you are in need of a personal injury lawyer, contact the Law Offices of Pat Maloney today to schedule a free face-to-face consultation. With years of professional experience, lots of positive case results, a clear pricing structure, and great reviews and testimonials from happy clients, you can rest assured that we’re well equipped to handle your case successfully.

 

/by

Why Businesses in South Texas Need An Eagle Ford Shale Lawyer

The Eagle Ford Shale is a massive deposit of oil and gas in South Texas, encompassing thousands of miles. Located in Zavala, Frio, LaSalle, Gonzales, and other San Antonio area counties, drill sites, derricks, and other exploratory machinery are cropping up all over the shale’s resources. In addition, large oil and gas transport vehicles can be seen regularly on local highways and roads. These shale-related machines and vehicles can pose quite a risk for local residents and workers. This is why businesses in South Texas need an Eagle Ford Shale lawyer on their side in case of emergency.

 

If there is a drill site on your company’s property, it can put all your employees at risk, exposing them to heavy machinery, dangerous equipment, and harmful substances. If an injury occurs because of these, you’ll need an Eagle Ford Shale lawyer to represent you and your employee in litigation.

 

Even if your property is free of shale equipment, your employees could still be vulnerable to injury because of it. When operating a company car or traveling for a job-related task, an employee could get hit by an oil or gas transport vehicle. These vehicles are typically very large and, when an accident occurs, they can inflict severe, even life-threatening injuries.

 

Because of its extensive geographic reach, the Eagle Ford Shale affects everyone in South Texas. If you operate a business in this area, it’s crucial to seek the guidance of an Eagle Ford Shale lawyer. In the event you or an employee is injured because of the shale, an attorney can help ensure you and your employees are represented in court.

 

Want to learn more about how an Eagle Ford Shale lawyer can help your business in the long run? Call the Law Offices of Pat Maloney at 210-226-8888 today.

/by

Common Serious Injuries From Car Accidents

Car accidents are dangerous; the force of hitting another vehicle or object can lead to serious injuries, and sometimes death. It can cause drivers and passengers to collide with steering wheels, dashboards and deployed airbags, and it can break bones, cause head injuries, and inflict numerous other types of trauma. Flying objects within the car can also cause injury, and if the car rolls over during the collision, the situation can become even more hazardous. No matter what type of wreck you’re in, serious injuries from car accidents are common.
Common Serious Injuries from Car Accidents

While it is possible to suffer any number of serious injuries from car accidents, there are a few types that are more common than others depending on the force of impact, the speed, and other factors involved in wrecks. The most common injuries tend to be:

    • Brain injuries – An injury to the brain is one of the most common consequences of a car accident. They can range from a mild concussion that heals on its own over time, to a severe traumatic brain injury that permanently impairs the victim’s cognitive abilities. Brain injuries can also lead to problems with speech, motor skills, vision, emotions, and memory. If the damage is great enough, the victim can also die from such an injury.

 

    • Facial injuries – When the force of impact causes a driver or passenger to hit their face against the dashboard, steering wheel or air bag, or a flying object in the cabin strikes their face, it can lead to serious, sometimes permanent injury. These injuries can include minor scrapes, cuts and bruises, or they can be more severe injuries like jaw fractures, lost teeth, or eye trauma that causes blindness or other vision problems.

 

    • Neck injuries – Whiplash is common in car accidents. The sudden change in speed caused by striking an object can cause the head to fly forward, stretching the neck muscles in the process. Though this sometimes heals on its own, it can cause damage to surrounding vertebrae and ligaments, inflict chronic, long-lasting pain, or cause paralysis.

 

    • Chest injuries – If the car’s front end is crushed in the wreck, it can lead to serious chest injuries such as a broken sternum and ribs or punctured lungs and diaphragm. The severity of these injuries depends on the impact, the height of the person, and the placement of the airbags in the vehicle.

 

    • Back and spinal cord injuries – The force of impact and being thrown around the car’s cabin during a wreck can lead to serious and sometimes life-threatening back injuries. These can include broken vertebrae, torn ligaments and muscles, and damage to the spinal cord, leading to temporary or permanent paralysis.

 

    • Internal organ injuries – Blunt force from a wreck can lead to broken bones that can puncture internal organs or lead to internal bleeding. If not treated quickly, these can have severe repercussions, including death.

 

  • Knee and leg injuries – Knee and leg injuries are some of the most common serious injuries from car accidents, primarily because these two body parts are in such a vulnerable position nestled beneath the steering column, which can be easily crushed during a collision. This can lead to broken bones, torn muscles, stretched ligaments, and it can also cause limbs to get caught under rubble, requiring amputation.

 

If you or a loved one has suffered any of these serious injuries from car accidents, contact the Law Offices of Pat Maloney today. We’ll help you get the compensation you deserve to cover your medical bills and treatment, as well as your pain and suffering.

/by