Dog Attack Lawyer

Monday, December 27, 2021

Owners of dogs have a duty to ensure that their animal does not harm people. Unfortunately, some dog owners fail to take the steps necessary to train their dog. Even worse, some dog owners know their dog has a propensity for violence, but take no steps to properly restrain the dog. Although anyone can be at risk for a dog bite attack, the majority of dog bite victims are children.

Board Certified Personal Injury attorney Aaron A. Herbert has successfully handled cases protecting the rights of innocent victims of vicious dog bite attacks. If you or your loved one has been injured by a dog, Contact a Fort Worth dog attack lawyer for a free consultation.

Common Injuries Resulting from Severe Animal Attacks: Some of the most common injuries associated with animal attacks are as follows:

Facial Scarring and disfigurement
Nerve damage – paralysis and in severe cases spinal cord injury and paraplegia
Eye injuries – K9 trauma sustained to the eye
Severe infections including rabies, pasteurella and hepatitis
Amputation of the limbs fingers and nose
Brain injury due to trauma sustained to the head
Broken bones and knee ligament injuries from falling down due to an attack
Emotional trauma – individual victims frequently experience bouts of sustained port traumatic stress (PTSD), depression, and anxiety

Compensation Available for Victims: Victims of serious injuries inflicted by the negligent or intentional acts of others are entitled to full and just financial recovery. The settlement amount in a personal injury case including dog bite claims is based on several factors including

The severity of the injuries suffered.
The permanence of injuries – requiring future medical costs, rehabilitation expenses and revision surgeries for permanent scarring and disfigurement.
Level of pain and suffering – in the state of Texas victims injury are entitled to compensation for the emotional trauma suffered as a result of their injuries.
Lost time at work – resulting in lost wages and or loss of future income due to permanent injuries or disabilities
Punitive damage – Punitive damages can be awarded in instances where the individual responsible for the K9 acted with either an intent to cause harm to acts in reckless disregard for the health and safety to others.

DOG BITE LIABILITY – HOMEOWNERS POLICY:

According to recent reports dog bites account for one on three claims filed against homeowners insurances amounting to over $500 million in compensation paid by insurance companies to victims. As a result of mounting claims many insurances carriers have created carve out exceptions for specific breeds; in particular those with a high propensity of attacking individuals. Examples of breed specific carve outs include Pit-bulls, Rottweilers, and Doberman. In some instances insurance companies have been known to create carve out expectations for all breeds. Despite the recent trend to carve out such claims the vast majority of homeowners insurance policies still cover dog bite claims against innocent homeowners.

STATUTE OF LIMITATIONS FOR FILING CIVIL INJURY LAWSUIT IN THE STATE OF TEXAS:

Generally victims if serious injuries including dog bites have two years from the date of the injury to file a claim in Texas. Minors, individuals under the age of 18 have two years from the date of their 18th birthday to file a personal injury claim. Failure to file a claim in a timely manner may extinguish a victims right to compensation under the law.

If you or a loved one has been involved in a dog attack in San Antonio or other Texas city, Board Certified Attorney Aaron A. Herbert can help. Attorney Aaron A. Herbert has helped dog bite victims hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in an animal attack. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.

Posted by Aaron Herbert at 1:33 am

The Most Common Causes of Motorcycle Accidents

Tuesday, December 14, 2021

Motorcycles are much more than a means of conveyance for many Americans. Motorcycling is a hobby enjoyed all over the country, and while it can be extremely fun to feel the wind as you ride, riders must be aware of the inherent dangers of riding motorcycles. Unlike typical passenger vehicles, motorcycles afford their riders with very little protection from impacts and other external forces. Motorcycle riders must use extra caution on the road and keep a few best practices in mind.

Motorcycle accidents happen for a variety of reasons, but one of the main contributing factors to any type of accident is the size of most motorcycles. They are smaller and narrower than other vehicles and can easily slip through other driver’s blind spots. About 56% of all motorcycle accident deaths result from motorcycles colliding with larger vehicles, and this can occur in countless possible scenarios. However, some situations are far more dangerous than others. Consider the following tips and scenarios for staying safe while riding your motorcycle.

Head-On Collisions

One of the most fatal types of accidents is when a motorcyclist hits another vehicle head-on. Most head-on collisions involving motorcycles and larger vehicles happen when the car strikes the motorcycle from the front. These crashes are usually fatal for the motorcyclist.

Left-Turning Cars

Statistically, the most dangerous situations for motorcycles on the road are when larger vehicles make left-hand turns. Cars turning left typically strike motorcyclists when the motorcycle is continuing straight through the intersection as the car turns or when the motorcyclist attempts to pass or overtake a left-turning car. These situations are also dangerous for other cars, but motorcycles are especially vulnerable due to their smaller size and because they are less visible.

Lane Splitting

Some motorcyclists engage in a practice called lane splitting – when a motorcyclist maneuvers between two lanes of slower or stopped traffic. Some states do not have any laws barring the practice, so if a lane splitting accident occurs, the state’s laws will come into play in a subsequent lawsuit. Lane splitting is NOT legal in the state of Texas.

Road Hazards

Motorcycles typically have high acceleration and a fair range of maneuverability, but they can’t always react fast enough to avoid serious hazards on the road. Additionally, while a car may be able to run over a piece of road debris and barely feel the bump, the same piece of debris could spell doom for a motorcyclist. Motorcyclists must stay focused on the road ahead and give themselves an appropriate window to maneuver.

The Need for Speed

Motorcycles, especially sport and high-performance bikes, may inherently tempt their owners to push them to their limits and drive at excessive speeds. Some super-sport class motorcycles can easily reach speeds of 160 mph or more. The fatality rate for motorcycle accidents involving high-performance bikes is about four times the rate of conventional motorcycles. Owners of such bikes should use caution and obey the rules of the road.

Riding Under the Influence

Just like any other vehicle, operating a motorcycle under the influence of alcohol or other drugs is incredibly dangerous and irresponsible. Alcohol is a factor in about half of all motorcycle accidents involving a single bike.

Helmet Laws

Finally, one of the best things any motorcyclist can do to stay safer on the road is to wear a Department of Transportation-approved helmet. While some states do not have helmet laws in place, it’s important to consider that helmets reduce the likelihood of death or traumatic brain injury in an accident. Even if you are an inexperienced rider living in a state without helmet laws, opting to wear one might save your life.

Motorcycle accidents lead to various serious or life-threatening injuries. Injured motorcycles should know their rights and their options for legal action should another driver cause an accident. If you suffer injuries and damages from a motorcycle accident, reach out to a reputable personal injury lawyer to discuss your options.

Posted by Aaron Herbert at 5:03 pm

What to Do After a Car Accident in San Antonio Texas

Tuesday, December 7, 2021

The Odds are you will be involved in a collision.

The odds are driving in the San Antonio areayou will be involved in a car accident at some point in your life. In the state of Texas every year approximately 3,000 people are killed and 80,000 people injured in motor vehicle collisions. Whether you are involved in a relatively minor fender-bender or a serious collision, the crash will likely have a serious impact on your life and the life of your loved ones from that moment on. If your asking yourself what to do after a car accident in San Antonio Texas, the information below can mean the difference between a fair and just recover, or no recover at all.

What you do after the crash is very important.

When you have been involved in a car accident, you need to protect both your physical health and your legal rights and options with regard to the accident. If you have been injured in a car accident in Texas you are likely entitled to compensation for your injuries if another party was at fault in the accident. Board Certified Personal Injury Attorney Aaron A. Herbert has been helping car accident victims and their families in the San Antonio area and surrounding communities for over a decade.

Steps to Take After a Texas Car Accident

In an effort to ensure that car accident victims do not make an important mistake after an accident, we suggest taking the following steps immediately after being involved in a collision:

Call 911: Even if you think you were not injured and the damage was minimal, call the police. If for no other reason, you should call the police so that an official accident report is filed.
Do not admit fault: Never admit to anyone at the scene of the accident that you were at fault, even if you think you were. This includes the other drivers, the police or even a bystander. In the initial aftermath, you are likely not aware of all of the factors that played into the accident.
Driver Information: If you are able, get contact information for the other drivers. Ask for a name, address and telephone number. Also ask to see a driver’s license and insurance card. Be sure to take down the license plate number of the vehicles as well.
Get witness information: If you are capable of doing so, get contact information for any witnesses to the accident. It can be very difficult to track down bystanders later if there is no contact information, and independent eyewitness testimony can be crucial.
Gather physical evidence: If there is any physical evidence that might have been the cause of the accident, try and gather it while you are there. For example, if a blown tire in the roadway caused you to swerve, point it out to the authorities or pick it up and take it with you if you are able.
Take pictures: Carrying a camera in your vehicle is always a good idea, although not always practical. Cell phones will usually do for taking photos of the scene if you are able to do so. Along with photos of the vehicles, take pictures of the surrounding area and any physical evidence that you are not able to pick up and take with you.
Remove your belongings: Remember to remove your personal belongings from your vehicle if it is towed from the scene. Ask a paramedic to remove them if you are not able to do so yourself.
Go to the hospital: Always accept the offer to be transported to the hospital. A car accident can cause serious internal injuries that you may not realize and that can only be identified by a physician. Along with protecting your own health, having a medical examination done immediately after the accident also helps from a legal standpoint. Your attorney will have to prove that any injuries you sustained were a result of the accident. The longer you wait to seek medical treatment, the harder it is to prove that your injuries were sustained in the crash.
Get follow-up care: Make sure to follow-up with any recommendations made as a result of your medical examination. Again, this protects both your health and your chances of receiving compensation for your injuries.
Summarize the accident: Shortly after the accident, sit down and write out a brief summary of the accident so that key details are not forgotten. When you are able to, return to the scene of the accident and take additional pictures or ask nearby neighbors or businesses if they witnessed the accident.
Report accident to your insurance company: Call your insurance company and report the accident as soon as possible. Not doing so could jeopardize your right to coverage. However, do not give a written or recorded statement, even to your own insurance company, without talking to a car accident lawyer in San Antonio first.
Do not give a statement: Once you have legal representation, the defendant’s insurance company will have to communicate with your attorney. Before that time, make sure that you do not give a statement of any kind to the other driver’s insurance company or to anyone else.
Start a recovery journal: A car accident often results in injuries that are more subjective in nature, such as pain and suffering. In order to make a stronger case for compensating these injuries, you should begin a recovery journal. Make a note each day after the accident about the pain you are in, your inability to work and the emotional impact the accident had on you that day. This can be an invaluable tool when it comes time to negotiate a settlement or when your case is presented to a jury.
Get Repair estimates: Obtain at least three estimates for any repairs that will need to be done to your vehicle as a result of the accident. Make sure to get a written copy of each estimate.
Contact an attorney: Obtain legal representation as soon as possible after the accident. Important evidence and witnesses could be lost if you wait too long to obtain representation. In addition, your attorney will handle all communications with the defendant and any insurance companies involved in the accident. If you or a loved one has been in a car crash caused by another driver, our Texas car accident attorneys can help you recover the compensation you deserve. We hold careless drivers – and their insurance companies – accountable. To learn more, call us toll free at (210) 435-7968 or click HERE to use our online form. We can provide a free case evaluation and answer your questions. There is absolutely no fee unless we recover for you.

Posted by Aaron Herbert at 5:42 am