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MOTORCYCLE ACCIDENT DEATHS

Motorcycle accident deaths claim the lives of more than three thousand people every year. The DOT presented evidence that motorcycle accident deaths are up eleven percent. In addition to motorcycle accident deaths, approximately fifty thousand people are injured in motorcycle accidents every year on our nation’s streets and highways. Motorcycle accident deaths and injuries pose a more significant threat to motorcyclists than deaths and injuries in other motor vehicle accidents. One of the most significant factors that increase this risk is the failure of other motorists to detect and recognize motorcyclists in traffic. Negligent vehicle drivers often fail to see and avoid motorcyclists on the road. Nearly three-fourths of all motorcycle accidents involve a collision with another passenger vehicle. Motorcycles offer much less protection to their drivers than other motor vehicles, which contributes to the risk of motorcycle accident deaths. Five types of accidents result in motorcycle accident deaths:

Motorcycle accident deaths occur most often when a motorcycle rides or is driven off the road.
Almost twenty percent of motorcycle accident deaths result from another motor vehicle failing to obey a traffic signal.
Head-on collisions account for more than ten percent of motorcycle accident deaths.
Passenger cars turn in front of a motorcycle.
Motorcycles going down on the roadway.

The severity of most motorcycle accidents increases with motorcycle speed, the size of the motorcycle, and the involvement of alcohol in the accident. Nearly one-half of all motorcycle accident deaths are caused by accidents where alcohol use is involved. The lack of helmet use also drastically increases the risk of motorcycle accident deaths. Motorcyclists who do not wear helmets are forty percent more likely to suffer a fatal head injury than those who wear safety helmets. Motorcycle accident deaths are often the result of severe head, neck, or back injuries. These types of damages are the most fatal in all motor vehicle accidents. More on this webpage

The leading cause of death on our nation’s roadways is attributed to severe head injuries. This is another reason for helmet use’s importance when operating a motorcycle, even for short trips in tight areas. Suppose you have a loved one who died in a motorcycle accident. In that case, you may be eligible to file a wrongful death lawsuit against that party whose negligence caused or contributed to the fatal motorcycle accident. A victim’s beneficiaries may be able to recover damages, including medical expenses, loss of income, and emotional suffering. For more information about motorcycle accident deaths, contact a qualified and experienced attorney who can advise you of your legal rights and options.

IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL OUR LAW OFFICE TODAY FOR YOUR FREE CONSULTATION.

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Severe Injuries From Car Accidents San Antonio

Severe Injury and Amputations

Most severe injuries which include amputations have a long-lasting financial and medical impact. If that injury was the result of someone else’s negligence, you deserve financial restitution to help cover the costs of lost wages, doctor bills, prescription medications, and more. In some cases, you can even be awarded punitive damages to compensate for your pain and suffering.

The most common cause of severe injuries are auto accidents. However, virtually any severe injury you have suffered due to someone else’s negligence is a potential case. If your injury was the result of another’s actions whether those actions were intentional or accidental you have the right to seek restitution from that party.

The most common types of severe injury are:

Back Injury
Burns
Brain Injury
Neck Injury
Broken Bones and amputations

The symptoms of these injuries present themselves in a variety of unpredictable ways. Additionally, nervous system injuries (back, brain, and neck injuries) may not manifest symptoms until weeks, months, or even years after the accident.

Not all doctors are able to properly diagnose such injuries. That’s why it is important to find a doctor who doesn’t work for your insurance company. First and foremost your insurance company is a business. Their overall goal is to make a profit. Investing time and money into properly diagnosing and treating your severe injury is not something they may be able, or even willing, to do.

Paralysis & Brain Injuries
Spinal injuries and brain injuries can drastically alter the lives of injury victims as well as their families. A permanent catastrophic injury changes the dynamic of the family and typically causes considerable financial hardship. If you do not seek the maximum compensation you are allowed, your family could have a very difficult time in the years ahead.

At our Law Firm, we work to ensure our clients receive full and fair compensation for medical bills, long-term care, lost income, medical equipment, medications, modifications to homes and vehicles, and pain and suffering. Catastrophic injuries require extra treatment that may last for the life of the injury victim. We employ medical and financial experts to help calculate the present and future costs you will face. Then we pursue your claim with the insurance companies, going to trial when necessary. To schedule a free consultation with our car accident lawyer, please call us today.

The Need for Compensation for Spinal and Brain Injuries
Spinal cord injuries that result in paralysis, paraplegia, quadriplegia, or hemiplegia will permanently change the lives of the injury victims and their families. People who suffer these injuries need lifelong treatment from specialists as well as daily care from family members or nurses. Depending on the severity of the injury, they may be unable to feed, bathe or dress. Many will not be able to return to work.

Brain injury victims may also need specialized care and compensation for lost income. The type of brain injury they suffer dictates the medical treatment they need. Mild brain injuries may cause personality and mood changes while leaving most mental and physical abilities intact. Moderate brain injuries can cause more serious cognitive and physical damage as well as persistent headaches and mood disorders. A severe brain injury can result in loss of speech, vision, cognitive ability, and motor function. In the worst cases, severe brain injuries may result in coma or death.

It is critical that family members receive the emotional and financial support they need after a loved one suffers a severe injury. Our goal is to make that happen.

Back Injuries

A back injury can happen to anyone. You could be in a car accident, fall, or otherwise injured due to someone else’s negligence.

But then, immediately or sometimes weeks or months later, you start to have pain in your back. Perhaps shooting sensations start to run up and down your legs. You may even begin to have trouble moving or twisting your back and you’re not sure why.

It’s quite possible that the reason for your prolonged pain and continued symptoms is that back injuries can involve damage to the spinal cord. Trauma to the back can agitate the spongy material between vertebrae. Over time this material weakens and the vertebrae begin to rub together. The result is damage to the nervous system that begins to manifest itself in a variety of neurological problems.

The most common symptoms of back injury are radiating pain and limited back movement. Some other symptoms include tingling in the extremities, pain in the arms and legs, and blurred vision.

The most common causes of back injury are:

Car accident
Bus Accidents
Pre-existing medical conditions that are improperly diagnosed or aggravated
Dangerous Premises
Truck Accident
Slip and Falls
Boating Accidents

If you’ve been injured through no fault of your own and have subsequently developed back pain, please contact our injury attorney for a FREE CONSULTATION today. We will help properly determine the responsible party for your back injury and help you obtain a fair settlement from your insurance company. Even if your pain appears after you’ve already settled your claim.

If you have any questions regarding our services, call us to speak with a dedicated attorney.

An Accident Injury & Business Law Firm

Our Law Firm is a proven personal injury & business litigation firm serving victims of auto accidents, truck accidents, motorcycle accidents, boat accidents, medical malpractice, dangerous product injuries, premises liability, slip and fall injuries, insurance claim disputes, wrongful death, and severe injuries as well as corporate and commercial litigation, real estate litigation, securities fraud and negligence, and other areas of business law.

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How to Prove That You Have Legitimate Claims of Negligence Against the Other Driver

How do we know whether or not we have a successful personal injury case against a negligent driver-defendant who should reimburse us for our injuries? All true accident victims are successful in collecting damages by proving the four elements of a car accident claim. Since you will be the one asking for compensation, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendant(s) whose only legal obligation is to deny your claim.

There are four elements to proving injuries against a defendant in any personal injury case. You must clearly – and sequentially – demonstrate your charges are true. They are first: duty, then breach, followed by causation, and finally damages. A brief overview of each is below: More on this website

Duty: All defendants owe you a duty of care to exercise an appropriate level of caution to ensure that you would not get hurt. Texas Civil Codes and Procedures set the level of duty that a person or organization owes to another depending on the circumstances of the situation that are considered, within the relationship of the parties involved at the time. Proving that the defendant owed you at least some duty of care will probably be fairly uncomplicated since nearly all drivers owe each other the general duty to drive reasonably in order to keep others safe. Unless there are unusual circumstances, and there are a few, the chances are that a general “reasonable person standard” applies to the defendant (or defendants) in your case.

Breach: In the vast majority of personal injury cases, plaintiffs and their attorneys need to clearly show that the defendant drove in a way that a reasonable person would not have driven. If the defendant in your case drives unreasonably only for the moments immediately leading up to your car wreck, he can be held responsible for the consequences of his negligent actions that caused you harm. Successfully proving that the defendant breached his duty of care is done when you and your attorney present evidence to remove any doubt that what the defendant did (or failed to reasonably do) caused the car wreck. The jurors in your case will consider your charges of the breach along with additional evidence that clearly illustrates the defendant’s actions (and malicious intent if it was present). Then during their deliberations, they rule the defendant behaved either reasonably or unreasonably. Offenses such as speeding, recklessness, driving at night without headlights, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court.

Causation: You must now demonstrate that the defendant breached his duty of care through negligence. But simply showing that this person might have been negligent isn’t always enough to win. Because in his attempts to deny causation, a defendant will often argue “unforeseeable circumstances” such as other drivers, pedestrians, or even you, caused the wreck instead. This is the last resort for an accident defendant to wiggle out of liability for your injuries. So expect them to swing from the floor and claim anything from a homeless person stepping in their way and forcing them to hit your vehicle, to their toddler throwing a bottle of apple juice at the driver. Maybe it happened, maybe it didn’t. But how do you disprove the defense? So you and your auto accident injury lawyer must thwart their excuses, or the happy defendant is able to evade liability and their compensatory obligation. It’s terribly important to have sufficient evidence to prove any defense that is thrown at you and nail down the defendant’s conduct that seriously injured you or your family member.

Damages: It’s now time to establish the amount of money you are entitled to collect from the defendant and hand him the bill. The term “damages” is the sum total of an injured victim’s financial losses; the actual amount of money they must recover in an insurance claim or civil lawsuit.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident case, call our Law Firm now for a free consultation and find out how we can help you.