The Law Offices of Tyler & PeeryThe Law Offices of Tyler & Peery2024-03-13T05:42:20Zhttps://www.tylerandpeery.com/feed/atom/WordPress/wp-content/uploads/sites/1503954/2020/09/cropped-favicon-min-32x32.jpgOn Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530952024-01-08T15:12:14Z2024-01-08T15:12:14ZWhile you may be entitled to a settlement after a car accident, how much can you receive as compensation? The answer to that largely depends on your damages, the legal caps that may apply and your contribution to the accident, among other aspects of your claim.
Damages for personal injury claims like car accidents are broadly classified into economic, non-economic and punitive damages. Economic damages include tangible financial losses, such as medical expenses and lost income. Non-economic damages, on the other hand, cover intangible losses like pain and suffering. Finally, punitive damages are intended to penalize severe negligence or misconduct rather than compensate you for the losses and harm suffered.
The law in Texas
Texas law does not cap compensatory damages for car accident claims. It means there is no legal limit to the amount you can recover in compensation for the economic and non-economic losses suffered after a crash.However, punitive damages are capped by law. You can only recover the greater of $200,000 or two times the amount of economic damages plus an amount equal to your non-economic damages of up to $750,000. It is also important to note that punitive damages are only awarded under very particular circumstances, and they’re not common.
Your contribution to the crash also matters
For starters, you cannot recover any compensation if your level of fault exceeds 50%. Additionally, your level of fault will diminish your recoverable compensation. For example, if you were 40% to blame, you can only recover 60% of your damages.Remember, different rules may apply if your claim is against a government entity. It underscores the need for proper guidance to help navigate the legal complexities, understand the value of your claim and safeguard your interests through the entire settlement process.]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530882023-12-22T19:21:17Z2023-12-22T19:21:17Za previous post.
This type of collision occurs when a smaller vehicle slides underneath the trailer of a truck and gets crushed. Often, this type of incident is fatal. Let’s take a closer look at two different types of underride accidents and how they happen.
Rear-end underride accidents
This is when a smaller vehicle collides with the rear of a truck. It ends with the smaller vehicle sliding underneath and sustaining severe damage. There are many ways that this type of collision can happen.
For instance, the car may have been travelling too closely behind the truck and could not stop in time. However, the vehicle at the rear isn’t always at fault. If truck drivers slam on the brakes, then the tailing vehicle may simply not have enough time to stop.
Underride collisions from the side
Not all underride collisions occur from the rear. They can also occur when a smaller vehicle slides underneath the side of the trailer. This can happen if the truck driver doesn’t see the vehicle on the side and changes lanes suddenly. This is why it’s so important to be aware of trucks’ blind spots.
If you have been injured in a traffic collision caused by a negligent or reckless driver or have lost a family member, you could be entitled to financial compensation. This won't undo the harm, but it could help with medical costs and other associated expenses. Seek legal guidance to help you protect your right to fair compensation.]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530862023-12-07T12:31:22Z2023-12-07T12:31:22ZMotor vehicle accidents can have devastating consequences, and one of these is a spinal cord injury. This is a life-altering and complex injury, requiring immediate and specialized care.
Spinal cord injuries are particularly concerning due to their potential to cause permanent changes. Understanding a bit about this type of injury is beneficial for victims and their family members.
Immediate medical care is necessary
Prompt medical care can significantly impact the outcome. Emergency medical teams are trained to immobilize the spine to prevent further damage. Once at the hospital, doctors focus on the person's ability to breathe, preventing shock and avoiding further damage to the spinal cord. The timing and quality of care play a pivotal role in reducing the long-term impacts of the injury.
Location of the injury determines the effects
The effects of a spinal cord injury largely depend on the location of the injury. For instance, an injury to the cervical section can affect the arms, hands, trunk and legs, potentially leading to quadriplegia. In contrast, an injury to the lumbar or sacral regions might affect the hips, legs and bladder and bowel control functions. Understanding where the injury has occurred is vital in anticipating the possible range of physical challenges and rehabilitation needs.
Type of injury matters
Injuries are classified as either complete or incomplete. A complete spinal cord injury results in a total loss of sensation and motor function below the injury level. An incomplete spinal cord injury involves some degree of sensation and movement below the injury. People with incomplete injuries may retain some motor or sensory function and have a better chance of regaining some abilities with rehabilitation.Victims of motor vehicle crashes who suffer spinal cord injuries may opt to pursue a compensation claim. Personal injury claims have a time limit set by Texas law, so swift action is necessary.
]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530842023-12-07T00:56:18Z2023-12-07T00:56:18ZJackknife accidents
Among the most dangerous types of truck accidents is the jackknife. This occurs when the cab of the truck folds in on itself so that the trailer ends up at a 90-degree angle (or close to it) from the cab. Jackknife accidents typically happen when the truck's trailer swings to one side at a sharper angle than the cab, causing the driver to lose control. They’re usually caused by slippery road conditions, excessive speed and aggressive braking, and more than a third of them cause fatalities.
Underride accidents
These kinds of wrecks happen when a smaller vehicle collides with the back or side of a truck and slips beneath it. Underride accidents often result in severe injuries or fatalities for the occupants of the smaller vehicle. They can be prevented with the right kind of rear and side underride guards, but those are not always in place. They’re often caused when a truck makes a sudden lane change or an unexpected stop.
Rollover accidents
Rollover accidents involve a truck tipping onto its side or roof, often causing significant damage and posing a substantial risk to both the truck driver and other road users. A truck's high center of gravity and the weight distribution of the cargo make rollover crashes more likely to happen, especially when a semi is overloaded, a trucker is speeding or the driver misjudges the road and overcompensates on a turn.
If you’ve been involved in a truck crash or a loved one was killed as a result of this type of collision, it is wise to seek legal guidance in order to learn more about your rights and options under the law.]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530772023-11-21T03:26:01Z2023-11-21T03:26:00ZIn some cases, those who are injured will suffer extensive nerve damage. For example, a worker at an oil field could break a limb in a fall. Nerves may be torn in the process of this fracture. Even after the break itself heals and the bone is repaired, that person could still be dealing with lasting nerve damage.
It is possible for this nerve damage to heal over time. Every month, nerves can regenerate enough cells to grow approximately an inch. Those who are dealing with nerve damage will often go through physical rehabilitation or physical therapy as they work with a medical team and try to promote nerve healing.
Healing may be incomplete
That said, experts warn that recovery is often slow. It takes a lot of time and people aren’t going to immediately be back to the same physical abilities. Once again, this is true even when other parts of the injury – like the aforementioned fracture – have already completely healed.These experts also point out that nerve healing can be incomplete. Someone may have absolutely no feeling at the time of the injury. They may slowly regain some feeling and mobility, but they may still have limited functionality and they may feel tingling in the extremities or other types of discomfort. This means that even a nerve that has healed could leave someone with long-term symptoms that they have to deal with.
The financial side
As such, those who have been injured may be concerned about their high medical bills, fundamental changes to their life, lost wages and other such costs. They need to know how to use the legal system to seek proper compensation.]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530762023-11-06T18:04:57Z2023-11-06T18:04:57ZDrinking affects people’s ability to safely drive. A drunk driver may struggle to judge distances, react slower to obstacles and run red lights. Drunk driving increases the likelihood of auto accidents.
Drunk drivers are only one kind of driver that may cause car crashes. Here are four more kinds of drivers to watch out for on the road:
1. Aggressive drivers
Many people get upset and mad. However, these feelings may cause drivers to react emotionally on the road, which can increase the odds of causing a car accident. A driver may become enraged, for example, because they are in a rush and the other drivers are going the speed limit. As a result, they might start speeding or tailgating as aggressive tactics to move through traffic.
2. Beginning drivers
Everyone learned to drive a car at one time, but many people forget what that was like. Learning to drive for the first time is stressful for many beginners. Anxiety and a lack of experience could cause a driver to make an unfortunate motion and cause an accident. For example, a new driver could become confused by a sign and suddenly press on the gas, causing them to hit another car.
3. Distracted drivers
A driving distraction is anything that causes a driver to focus on something other than driving. In other words, if a driver is on their phone, then they are distracted. When a driver is distracted, they are less likely to react to obstacles.
4. Drowsy drivers
Many people drive after long work hours or after sleeping very little. People who are tired often process information more slowly. A drowsy driver may not react to obstacles in the road. And, drivers that are tired may also fall asleep behind the wheel.No matter who caused an auto accident, victims often suffer severe injuries and damages. Victims may need to learn more about their legal rights and options as they seek fair compensation for their losses.]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530732023-10-21T04:33:19Z2023-10-21T04:33:19ZWhen someone is injured on the job or in a car accident, they could have a traumatic brain injury, or a TBI. One of the most important things to note about these injuries is their potential severity. Medical treatment is very important after any type of brain injury, even if it seems minor.
On top of that, people need to understand that every brain injury is unique. It depends on factors like the severity of that injury or the location in the brain that was harmed. Two brain injuries may look relatively similar from the outside, but they could have very different ramifications if one person injured the part of the brain that controls memory and another injured the part of the brain that controls physical movement.
Signs to look for after a head injury
Anyone who believes they may have suffered a head or brain injury needs to know what signs and symptoms to watch out for to show that they have a TBI. Here are a few potential examples:
Feeling drowsy or excessively fatigued
Having a headache that is persistent or that gets worse
Struggling with balance and motor skills
Feeling dizzy or even nauseous
Being extra sensitive to sounds and lights
Having blurred vision or issues with hearing, taste, smell and other senses
Losing consciousness entirely
Seeming disoriented, dazed and confused
Experiencing mood swings
Having trouble sleeping or sleeping too much
Changes to appetite
Feelings of anxiety and depression
It is especially problematic if these symptoms seem to be getting worse over time, which could indicate something like bleeding around the brain. Those who have suffered serious injuries must know about all of their legal options to seek proper financial compensation.]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530702023-10-09T00:17:30Z2023-10-09T00:17:30ZDangerous blowouts
A blowout is a catastrophic event in the oil drilling process characterized by an uncontrolled release of oil and gas from the well. These incidents can lead to massive fires, environmental damage and, tragically, loss of life.
Blowouts can result from various factors, including:
Equipment failure
Human error
Geological complications
Neglecting proper maintenance and safety protocols can significantly increase the risk of blowouts. Thankfully, blowouts can be prevented and mitigated through rigorous safety measures such as:
Regular equipment inspections
Well control training
Emergency response plans
Moreover, technological advancements have allowed for the development of blowout preventers, crucial devices that can swiftly shut down a well in an emergency.
Slips, trips and falls
Working on an oilfield often involves navigating uneven terrain, dealing with slippery surfaces and maneuvering around heavy machinery. As a result, slips, trips and falls are among the most common accidents in the industry.
Oilfield workers ought to be provided with proper safety gear, including slip-resistant footwear and fall protection harnesses, to help minimize the risk of such accidents. Additionally, regular maintenance of walkways and the implementation of safety protocols are crucial for reducing the incidence of these accidents.
By following best practices, utilizing advanced technology and fostering a safety culture, Texas oilfields can remain productive and appropriately secure for the dedicated individuals who help power the nation's energy needs.]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530692023-10-02T14:22:54Z2023-10-02T14:22:54Zalmost 700,000 lane miles of road. With so much traffic and so many streets, a relatively high rate of serious collisions is all but unavoidable. While many of those crashes only damage vehicles, some of them result in worse consequences for the parties involved. Collisions in Texas sometimes lead to catastrophic injuries.
Spinal cord injuries are among the most serious medical issues generated by Texas collisions. Frequently, those who experience a spinal cord injury after a Texas collision at least consider the possibility of civil litigation because of the costs inspired by those who have caused their harm.
The lifetime costs for care are astronomical
Spinal cord injuries are different in every case. Medical professionals evaluate injuries using two main factors. The first is whether the injury is complete or incomplete. An incomplete injury causes some motor function and sensation impairment but does not actually sever the spinal cord. A complete injury cuts through the spinal cord and creates lifetime symptoms.
The second factor that influences the severity of the injury will be its location on the spine. The higher on the spine the injury is, the more of the body it will affect and the greater the average medical costs. Even incomplete injuries usually cost more than a million dollars to treat. That is well over what a typical driver's liability policy would cover and even exceeds what a semi-truck's insurance would pay.
Medical care isn't the only expense
A spinal cord injury doesn't just generate medical expenses. It also creates a number of secondary costs and other financial losses. People often need accessible transportation, which requires buying a new, very expensive vehicle or retrofitting an existing one. They also often need to make major changes to their homes or possibly move to a new house because their current one cannot accommodate their injuries.
Someone with a spinal cord injury will likely also need accommodations when they return to work. Not all employers are able to rework their facilities or alter someone's job responsibilities to help them return to full-time employment with a complete final cord injury. Sometimes, workers need to move into a different profession or may not be able to work full-time at all following a spinal cord injury.
The loss of income combined with all of the direct expenses can add up to economic hardship for the person with the injury and their immediate family members. Understanding why spinal cord injuries often necessitate litigation may empower people to seek legal guidance after they get hurt in a crash caused by a third party.]]>On Behalf of The Law Offices of Tyler & Peeryhttps://www.tylerandpeery.com/?p=530682023-09-26T14:54:07Z2023-09-26T14:54:07ZDuring negotiations for your personal injury case, you may hear the term “structured settlement” used by the counsel for the defendant(s). If you are like many people, you may not understand just what that means.
In simple terms, structured settlements are contracts between plaintiffs and the insurance company for defendants. Under the terms of these settlement contracts, the insurance company makes regular disbursements over an agreed-upon timeframe. Some structured settlements continue for the life of the plaintiff, while others may be for 20 years, for example.
Why they can be good options
Not everyone knows how to manage large sums of money. They can be naive about financial management and become targets for scammers or others looking to separate them from their money. In these cases, accepting a structured settlement is a good way to be sure that you will always have a source of income.It benefits the insurance companies, too, because they don’t have to pony up large sums of money at once.
What are the negatives?
Your money is your money, and you may need it now. Especially if you are an older plaintiff, you might not be around for the next 20 years to collect your full settlement. If you want to buy a nice home or travel the globe while you still can, your best option may be to insist on a lump sum payment. You could wind up needing the cash to cover future medical expenses arising from your injuries in the original accident.Also, insurance companies can go bankrupt, leaving plaintiffs in some circumstances with few options to collect what is due to them.Learning all you can about your settlement options can help you make the best choice for your personal needs.]]>