Getting Started
Our Top 3 Goals in Every Car Accident Case
First Steps in Filing Your Claim
Best Practices Following an Accident
Attorneys Fees
Determining Fault & Theories of Liability
How Important is the Police Report?
If No One Was Ticketed, Who is At Fault?
Theory of Liability – Failure to Yield
Theory of Liability – Failure to Control Speed
Theory of Liability – Gross Negligence
Theory of Liability – Distracted Driving

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Our Top 3 Goals in a Car Accident Case

Houston Personal Injury Lawyers » Our Top 3 Goals in a Car Accident Case

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The Three Most Important Goals of a Law Firm in a Auto Accident Injury Case

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Our firm has represented thousands of clients in accident cases. While we understand that each particular auto accident victim has different needs, we also understand that every car accident victim has the desire to feel that their attorney is diligently working for them. With that in mind, our firm makes a concerted effort to fully inform our clients of the strategy we’ll employ in their cases. Moreover, although our firm understands that although the goals in Houston accident cases are similar, no two cases on the same. Thus, our firm develops a custom plan based on our top three goals in a car accident case when attempting to recover for our each of our client’s needs.

Our First Goal: Win Our Client’s Case

Obviously, one of our firm’s primary goals in every Houston auto accident case we take is to win. However, our firm is superior to most other Houston car and truck accident firms because we know how to win even the most complex accident cases. Specifically, other firms lack the resources, knowledge, and experience needed to fully compensate their clients that our firm possesses. While most other firms have good intentions when representing Houston’s injury victims, they don’t legitimately now how to win a case. On the other hand, our record speaks for itself. Whether you’ve suffered soft tissue injuries or suffered catastrophic life-altering injuries, our attorneys may be able to help.

Second Goal: We Strive to Make Sure our Clients Feel like They’ve Been Treated Fairly

Our firm is committed to ensuring that our clients feel as if they’ve been treated fairly by being completely transparent through every phase of recovering compensation for their injuries. We do this by not only explaining to our clients how their case works, but also by providing detailed information and asking questions every step along the way.

Specifically, from initially meeting with a client throughout the entire course of representation, we’ll answer all of our clients’ questions and allow ample time to review and sign necessary documents, all in a no-pressure environment.

Another major step we take to ensure that our clients feel like they’ve been treated fairly is to use all of our resources to ensure they’re fairly compensated for their injuries. We understand that when a car accident victim retains our firm, they trust us with not only navigating them through one of their life’s major crises, but that they’re adequately compensated for their injuries. With these responsibilities in mind, our firm fights hard to ensure that our clients are fully compensated for the full extent of their injuries.

Third Goal: We Want to Make Sure That Our Clients Are So Pleased With the Services We Provide That They Recommend Our Firm to Their Family and Friends

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As our firm’s survival in Texas’ legal market is based primarily on referrals to family and friends from past clients we’ve successfully represented, we want to ensure that we represent each client to the full extent of our ability. Specifically, we strive to impart an impression of success and compassion on each of our clients so that when their friends and family are injured by someone else’s negligent actions, they know they have a strong ally on their side.

If you’ve suffered moderate to severe injuries in a car or truck accident while traveling in or around Houston, our attorneys may be able to help. For more information regarding our firm’s top three goals when representing Houston’s accident victims and a free consultation regarding the facts of your case, give one of our experienced Houston accident attorneys a call at 1-855-392-0000.
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First Steps in Filing a Car Accident Claim

Houston Personal Injury Lawyers » First Steps in Filing a Car Accident Claim

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Important Steps to Take Immediately Following a Houston Accident to Preserve Your Claim

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When you’ve been injured in a car accident resolving your claim will be a process, and not a single event. And as with any process the first few steps are always the most critical. This article will discuss the first steps in starting the car accident claim process.

Step 1: You Should Always Call an Attorney Immediately

A lawyer is going to be able to advise you with regard to what you should specifically do in your case. You typically only have one shot at doing everything exactly correct so it is important that you have no missteps. By contacting an attorney immediately following the accident you greatly reduce your chances of having invaluable evidence destroyed or lost, and you are better able to meet certain deadlines required by the court. If your evidence is not properly preserved or if it is carelessly discarded your entire personal injury claim could be ruined. And even if you adequately document everything, but fail to adhere to certain deadlines instituted by the courts your claim may be barred.

Step 2: Take as Many Photographs as You Can

If you adequately fulfilled step 1, your attorney should do this for you. He will conduct an analysis of the accident scene and both vehicles, but if you do not immediately call an attorney it is best that you do this yourself. Our best recommendation is take pictures of everything. Photograph all vehicles involved, buildings, street signs and lights surrounding the accident. You should take multiple photographs from the perspective of your car and then take multiple shots from the perspective of the defendant’s car. This visual perspective can be crucial in convincing a jury of the defendant’s fault and can greatly increase your chances of financial recovery.

If you are like most of our clients, you are probably too injured to do this yourself. If this is the case, you should have a friend take pictures at the scene of the accident for you. We have even had cases where our clients asked a paramedic to take photographs. Ultimately, it does not matter who you choose to take photos, all that matters is that you have this critical evidence. You should even photograph the defendant’s driver’s license, insurance card, and any other contact information which may be helpful in conducting evidence research later on. The most important thing to remember is: you can never have too many pictures.

Step 3: See a Doctor

The longer you wait between your accident and seeing a doctor, the weaker your claim becomes. You should see a doctor as soon as possible after you have been involved in a car or truck accident. You should immediately go to the emergency room or to see your personal physician after an accident.

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However, it is also important to realize that many injuries caused by a car accident will typically not begin to show symptoms until a day or several days after the initial impact. Therefore, it is important to see a doctor immediately after your accident, but it is just as important to follow up and see the physician again after several days have passed.

Step 4: Set Up an Insurance Claim

Ideally, your attorney should do this for you. You should have as little communication with the insurance company as possible. By immediately contacting Grossman Law Offices we can easily handle all contact and negotiations with the insurance company on your behalf. This allows the process to be much smoother and often results in a faster recovery process. But if you have not contacted an attorney and need to set up an insurance claim, you should only do so after completing the above mentioned steps. You should never speak with an insurance company without first documenting as much evidence as possible about the car accident and being thoroughly evaluated by a physician.
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What to do Immediately After an Accident

Houston Personal Injury Lawyers » What to do Immediately After an Accident

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Best Practices: The 7 Most Important Steps to Take After a Car Accident

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While there are many variables that determine the outcome of a car accident lawsuit, there are certainly several things that successful cases all have in common. By following the below list immediately after an accident, you will stand the greatest chance of obtaining fair compensation.

Odds are, you, your family, or someone you love will be involved in one of these accidents and will suffer economic loss as a result. Grossman Law Offices has assembled this article for your benefit, and is designed to educate and equip you to use Texas Car Accident laws to your full advantage. Reviewing this article will assist you in receiving any medical care you might need after an accident, and to maximize your recovery for economic loss that you might experience as a result.

Overview

The best time to collect evidence of the accident is immediately after it happens. Too often, precious evidence is lost or becomes undiscoverable when it is not collected immediately. Ideally, you should begin the following steps (discussed in detail below) the moment you step out of your vehicle after you’ve been in an accident. If you are unable to do any of these steps yourself, have a family member or friend do them for you.

Step 1: Take a Deep Breath and Try to Remain Calm

Simply put, car accidents are stressful. After an accident, you may experience a range of emotions in addition to any injuries you’ve suffered. Although you are justified in being upset, it’s important to keep your emotions in check. A clear head and a well-executed plan are necessary to maximize both recovery and your rights under Texas law.

Step 2: Get Medical Attention, Even if You Think Your Injuries Aren’t Severe

Sometimes the most serious injuries are those that aren’t apparent immediately following an accident. Adrenaline and other hormones often trick our bodies into thinking that our injuries aren’t severe, and mask the full extent of our injuries until after we’ve left the scene of the accident. The dangers of undiscovered injuries are very real, as failure to obtain immediate medical attention could cause irreparable injury or death. Thus, it is good practice to call EMS to evaluate your injuries, even if you think they aren’t severe. Also, when an ambulance ride is offered, it is good practice to err on the side of caution and take it. Odds are that an ambulance ride is being offered to you because a trained paramedic realized that you need medical treatment that is too severe to be treated at the scene.

Similarly, it’s important to not downplay your injuries to police or medical personnel. Even highly qualified medical personnel, including paramedics and doctors, usually require full disclosure of your injuries to make an accurate diagnosis and to prescribe a comprehensive treatment plan. Although you may be tempted to “be strong” for loved ones, it is more important that you address your injuries frankly and directly.

Promptly obtaining medical attention for any injury, no matter how small, is essential to obtain maximum recovery for your injuries. If you fail to obtain medical attention immediately following the accident, the defendant may claim that your injuries were caused or aggravated by an outside force. As the person seeking recovery for your injuries, you have to prove that the defendant caused them. Here’s an illustrative example: say that your only feel a bit sore after you’re rear-ended by distracted driver. Two weeks later, you are having a hard time breathing so you go to the emergency room, where your x-ray shows that you have a several broken ribs and a punctured lung, which were caused when you were rear-ended. Here, the defendant will claim that something else must have happened, and will argue that anyone who has a broken rib or punctured lung would need immediate medical attention. As a result, the court may believe the defendant and limit your recovery to soreness instead of broken ribs and a punctured lung, an amount that is significantly less. Thus, it’s in your best interest to obtain medical attention immediately after you’re in an accident to obtain complete recovery for your injures.

Step 3: Call the Police for an Officer to Come to the Accident Scene to Write an Accident Report, and Explain the Accident to the Investigating Officer in Explicit Detail
Obtaining a police report should be one of your main objectives after you are in an accident, even where the other driver immediately and clearly admits fault. A police report is a document prepared by a police officer that includes the names, addresses, and insurance information of all parties involved, as well as the investigating officer’s findings as to the cause of the accident.

Although having an officer write, and later obtaining, a police report may seem confusing or intimidating, Grossman Law Offices has simplified this process by outlining steps and tips designed to assist you in procuring a police report below. In addition, a competent car accident attorney is able to do most of this for you. However, in the event that you have not retained an attorney, such as immediately after the accident occurs, the following steps are helpful.

The first step is to call the police immediately after the accident occurs. Although you may suspect that someone has called the police on your behalf, you should call anyway to ensure that they arrive quickly and to disclose information that other drivers may not know, such as the existence and severity of injuries. Please note that it is important to obtain a police report for all accidents, regardless if the other driver admits fault. Too often, the responsible driver changes their story after they leave the accident scene, leaving the victim without this crucial piece of evidence.

Second, you should give the officer a concise 30-second explanation of what caused the accident. Just the facts are needed here. For example, something as simple as this will work: “I was traveling east, and the other guy was traveling west. In the distance, I saw him swerving in his lane. He then swerved into my lane, and although I applied my brakes and tried to pull onto the shoulder to avoid him, it didn’t work and he ran into my car. After the accident, I noticed that my head was bleeding and I had a hard time breathing.” Note that officers only write a report if an injury has occurred, so be sure to disclose any injury that you’ve suffered, even if you think it’s small.

Third, you should describe the accident as accurately as possible to the officer. Officers use information from accident victims while compiling their report, and it’s important that they have all of the facts. While talking with the officer, it is extremely important to disclose the full extent of your injuries. You should tell the officer of any injury you suffered as a result of the accident in detail, even if you think it is “small” at the time. Small injuries often become more severe after the passage of time, and it is crucial that the police report show that the injury originated with the accident. In no event should you tell the peace officer that you are “okay” or feel “fine.”

When you wish to pick up a copy of the police report prepared for your accident, you might have several options to do so. Police reports are often available in person at the office that investigated the accident, and are usually available two to five days after the report is written. Alternatively, your car accident attorney can easily obtain an accident report on your behalf.

Step 4: Obtain Information From the Other Driver

Your goal in talking to the other driver is two-fold: First, to elicit evidence that shows that they were at fault in causing the accident, and second, to not inadvertently admit that it was your fault.

When talking with other drivers involved in an accident, ask questions that are helpful in determining if it was irresponsible for them to be driving in the first place. For example, if their speech is slurred or they are unable to walk normally, ask them questions such as “have you been drinking alcohol?” or “are you under the influence of drugs?”

Although a confession is ideal, the other driver may attempt to conceal their liability from you. When that happens, ask them questions that cut through their concealment and reveal the truth. Helpful questions include:

“Where are you coming from?” The place where the other driver is coming from can have wide implications on his liability for causing the accident. For example, if the driver is on the way home from working a night shift, he might be too tired to drive responsibly. Or, if a driver has left a bar or restaurant, he may have consumed too much alcohol, and as a result, drove recklessly and caused the accident.

“What were you doing when the accident happened?” This question is important because it will tell if the driver was distracted when the accident occurred. A distracted driver is a dangerous driver. Distractions come in several forms, and include talking on the phone, texting, arguing with a passenger, shaving, putting on makeup, and attempting to retrieve something dropped on the floor. In Texas, drivers have the duty to operate their vehicles in a responsible manner, which includes driving while not distracted.

“Were you in a rush to get somewhere?” This question is important because it will tell if the driver may have been driving negligently or recklessly when the accident occurred. People who are in a rush often don’t use their best judgment, and may have operated their vehicle in a manner that is unreasonable under the circumstances.

Additionally, you should never admit that the accident was your fault, in full or in part, to the other driver, to medical personnel, or to police officers. Similarly, although you might feel bad or sorry for the other driver, you shouldn’t say anything that reduces his fault in causing the accident. Your objective in obtaining maximum recovery is to be pleasant, but stern in asserting the cause of the accident. Note also that the cause of an accident is often complex, involves several factors (some of which may be unknown to you), and requires the opinion of an expert. Admitting that the accident was your fault before an expert analyzes the facts may cause substantial and irreparable damage to your case, and almost always unfairly benefits the other driver when the accident was really their fault.

Step 5: Talk to and Obtain Information From Witnesses

Witnesses are an excellent resource for you to maximize your rights and recovery under Texas auto accident laws. Although helpful, you should exercise a level of caution when talking and obtaining information from them. First, under no circumstances should you admit fault to a witness. The other driver can use this information against you, even if it’s not included in the police report. Second, have all witnesses, when possible, give their account of the accident to a police officer for their report.

Step 6: Take Pictures of Everything
The saying “a picture is worth a thousand words” rings especially true for car accidents. It is good practice to immediately take pictures of anything you think may be useful in determining the cause and effects of the accident. Waiting to take pictures at a later date may be harmful to your case, as evidence may have been altered or may not be viewed credibly by a court. Importantly, pictures are crucial to a jury’s understanding of the case, and are often necessary to obtain a full recovery for your injuries. In all cases, be sure to take pictures of the following:

The license plate on all vehicles involved in the accident;
All vehicles involved;
Any injuries you’ve suffered;
The other driver, and the other driver’s license and insurance card;
The accident scene from several angles;
Any incriminating evidence, including empty beer cans (even if in the bed of a truck), drug paraphernalia, or possible distractions inside the vehicle;
Pictures of witnesses and their license plates;
Pictures of traffic control devices, including stop signs and lights, mile markers, street signs, and traffic cameras; and
Pictures of landmarks to pinpoint the exact location of the accident, such as billboards and surrounding buildings.

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Step 7: Call a Competent Car Wreck Attorney

If you’ve been in a car wreck as a result of someone else’s negligence, you may be entitled to compensation for your injuries and economic loss. It is important that you have an attorney that understands your rights and has a history of success in representing car accident victims. The team at Grossman Law Offices has a track record of success, and has obtained numerous recoveries for our clients.

The attorneys at Grossman Law Offices are available 24 hours a day, seven days a week, 365 days a year to provide a free consultation regarding your auto accident at 1-855-392-0000.
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Attorney’s Fees in a Car Accident Case

Houston Personal Injury Lawyers » Attorney’s Fees in a Car Accident Case

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How Attorney’s Fees Work in a Houston Automobile Accident Case

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Everyone in Houston has heard horror stories about how attorneys charge exorbitant fees and how the only party who always wins in a lawsuit is the firm. The reality of the situation is attorney’s fees are not really that scary of a proposition. This article will describe how attorney fees work in a car accident case.

Contingency Fee Contracts

The term “contingency fee” essentially means that the payment of legal fees are contingent upon our firm winning your case. If we don’t win, you don’t pay us. Period.

Here’s how that works:

We front all costs and we will be reimbursed only if we are successful. There are many expenses associated with researching your claim and filing for damages through the court system, but since we understand that you have probably been financially harmed due to your injury, Grossman Law Offices shoulder’s this burden so that you may be able to seek recovery.

We put in the tens, hundreds, or thousands of hours necessary to win your case with no guarantee that we’ll ever be compensated. Litigating a claim can be incredibly expensive and extraordinarily time consuming, but Grossman Law Offices understands how crucial a successful outcome of your case is to the success of your family. This is why we are willing to work so hard to help you without any guaranteed payment.

You agree to let us keep a percentage of your winnings as our fee. This portion is simply meant to reimburse our firm for the expenses we paid for upfront in order to reach a successful outcome and compensate our staff for their hard work to benefit you.

Our portion is usually about 1/3, sometimes more and sometimes less depending upon the type of case, statutory limits, the risk we will have to assume, etc. This is something that will need to be discussed in further detail. The cost of litigation often varies based on the nature of the claim, the number of people involved, and the amount you are able to seek in claims.

You literally pay us nothing is we don’t win. If we do not successfully get you compensation for your claim, we also receive nothing. You are not responsible for reimbursing us for any money previously spent in preparation for your case.

Why Do We Do Contingency Fee Contracts?

Filing a lawsuit and pursuing a defendant through negligence takes a lot of attorney time and costs lots of money through simple things like filing fees. Most people cannot afford to pay a lawyer by the hour especially when there is no degree of certainty they will win. By representing clients on contingency fee basis we assume all the financial risk.

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We understand that you are probably seeking damages because you may not be able to afford the medical treatment you desperately need to fully recover. Or your car may have been totaled in the accident, and without financial compensation from the defendant you cannot possibly purchase another car. Logically, if you cannot afford to pay for your medical bills, or you cannot afford to buy a new car, you probably cannot afford to pay for an attorney with no guarantee of success. This is why we use contingency fees.

We are sympathetic to your situation and we choose to use our assets to better help you. We believe this allows people a way to hold responsible defendants accountable and gives innocent victims, like you, access to the courts. To fully understand how we will use a contingency fee in your claim, you will need to speak with one of our attorneys. Call Grossman Law Offices at 1-855-392-0000.
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Determining Fault & Theories of Liability

Importance of the Police Report in a Car Accident

Houston Personal Injury Lawyers » Importance of the Police Report in a Car Accident

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How Important is a Police Accident Report When Determining Fault in an Automobile Accident?

If you have ever been in an auto accident you probably spoke to the police and they made a report of the accident. The police report can be useful for identifying potential witnesses, getting the preliminary facts of the accident, and obtaining preliminary witness statements. However, the police reports actual affect in determining who is at fault in an accident is extremely overrated. In a court of law, the opinions expressed by the officer who made the report are essentially meaningless with some context provided by attorneys for either the plaintiff or defense. Therefore, it can be said that the real value of the police report is its ability to aid your attorney in illustrating to a jury what occurred; not that the police report itself is entirely meaningful or significant on its own.

As such, the most important thing you can do is hire an experienced personal injury attorney to protect your rights and make sure that the police report alone does not determine factor of your case for better or for worse.

Police Reports are Not Automatically Admissible in Trial

The reason why a police report’s value is generally overrated is, in the unlikely event that your case made it to trial, the police report is not inherently admissible into court without being properly “proved up“. Getting a document (ANY document) admissible can be a complex matter that must be executed in accordance with the Texas Rules for Civil Procedure. If you hope to prove your side of the story simply by showing up with a police report in hand, you will be disappointing. If the police report is helpful to your side, your attorney will need to take several steps in order to ensure that a jury will every be able to see it. Then your attorney must explain the relevance of every important fact contained in the report. Again, without context, the report is essentially ineffective.

Police Officers are Often Not Trained in Traffic Accident Analysis

Another reason why you can’t simply rely on the police report to be your star witness is that police officers are not viewed as “experts” for the purposes of civil court proceedings. Police officers are not always adequately trained to analyze an accident scene. Furthermore, for the report to be scientifically valid, the measurements and summaries must be based on some standard and the instruments used must be properly calibrated.

In some rare cases, the police officers investigating the accident scene will document and record the meticulous manner by which they calibrate their measurement equipment as well as show all of the formulas and calculations used with regard to deriving speed, braking force etc. Such police reports are very credible. But most police officers do not go through such lengths, and the reports they make are dubious in nature. After all, how reliable is a police report when the officer can’t swear under oath that he knows his tools were undoubtedly working properly? How reliable is a police report when the conclusions are not backed by verifiable mathematics?

Often times a police report contains little more than party names and other information such as insurance and witness statements, however the actual analysis of the accident is lacking. If you were on a jury, how much stock would you put in such an understated report?

Police Do Not View Accidents in Light of Civil Liability

This is arguably the most important point of this article. Police officers are not judges nor juries. They cannot determine civil liability and the evidence that they look for and then document in a report is only coincidentally similar to the evidence used in a car accident case in some instances, and completely irrelevant in other instances.

Police reports are not always the best indicator of fault because the police analyze the accident from the view of criminal liability, rather than civil liability. There is a large variance in civil and criminal law, including what constitutes criminal liability and civil liability. Police often do not possess the requisite knowledge and training to recognize the differences that may be important in determining civil liability over criminal liability. Reasons such as these are the reasons that it is important to contact your lawyer as soon as possible, rather than risk relying on an unfavorable police report.

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The Best Thing You Can Do At the Scene of the Car Accident

You do not have to wait and rely 100% on the police report to record all parts of the accident. You can take steps to protect your interest in the accident claim. There are many things a person in an accident can do to assist in their traffic accident case, such as take digital photographs of the traffic scene immediately after the accident. Photos at the scene of the accident can be the best to accurately recreate the scene of the accident. Taking notes about the accident immediately following the accident can also be beneficial; as time passes you may forget minor details that may be vital to your claim.
The attorneys at the Grossman Law Offices are trained and experience in all areas of personal injury law, we are able to analyze an accident scene and find the facts that will be important in making your claim, please contact them at 1-855-392-0000 to schedule your free consultation and discuss the facts of your case.
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Failure to Yield Right of Way

Houston Personal Injury Lawyers » Failure to Yield Right of Way

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Theory of Liability: Failure to Yield Right of Way

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All car accident cases have to be based on a theory of liability. In order to cast a wide net, we will generally site a predominant theory of liability as well as tertiary theories. In this article we will discuss the most common theory which is known as fail to yield right of way.

What is Right of Way?

Essentially, this term means to let the other person go first. These signs are very common on all types of roadways and they are intended to give the driver notice that another driver is to be favored. Usually these signs are present in order to protect the other driver who is especially susceptible to being involved in an accident if the driver’s given the yield sign do not act with extra caution.

Common Ways That a Defendant Can Fail to Yield the Right of Way to You

Defendants will frequently ignore yield signs which you find on off-ramps for highways. Anytime you are driving on an access road adjacent to the freeway you will inevitably pass a yield sign. They are typically a red and white colored triangle instructing you to yield to the traffic exiting the freeway. Often defendants will ignore these signs and cause you to be involved in a car accident while you are trying to exit the freeway. If this has happened to you, you likely have a strong claim against the negligent driver for your injuries sustained in the accident.

The defendant failed to yield the right of way when they turned from a parking lot into your path. How many times have you been driving down a roadway when a careless driver suddenly turns out of a parking lot directly into the lane in which you are traveling causing you to suddenly slam on your brakes? If this happened to you and you suffered an injury because of it, the negligent driver has broken the law and should be held accountable for your damages.

If a defendant has run through a stop sign they have ignored an express sign to yield and are responsible for your damages. While a stop sign is not a traditional yield sign, its intent is to have drivers use caution and yield to you as you pass. Many times two roads will cross and one of them will have the right of way while the other must yield as mandated by a stop sign. If you are hit by a car that did not obey the stop sign, then they will likely be liable for your resulting damages.

There are also certain parking lot scenarios where you can be injured by a car that failed to properly yield. The general rule of thumb is in the absence of signage in a parking lot, whichever road is connected to the main road has right of way. Generally speaking, any time someone has to turn on another road they are required to yield right of way.

For example, when you shop at the Memorial City Mall you have probably encountered this situation. There is a main access road coming from the Katy Freeway access road which is simply referred to as Memorial City Mall Road. There are several pathways in the parking lot that cross this road, but there are not always stop signs denoting that the other driver must yield to you. However, if you are traveling on this road you are inherently given the right of way since it is the main path connected the major roadway.

One of the most common accidents caused by drivers failing to yield involves yield left hand turn signals. This is often found when you are attempting to turn left onto an intersecting roadway, but instead of a green arrow which gives you complete authority to turn, you are simply given a green light with the instruction to yield to oncoming traffic. Countless drivers are given this yielding green light, but they fail to pay adequate attention to the traffic flow or they intentionally drive thinking that they can essentially beat you to the intersection. Whether the driver causes you to be hurt in an accident due to their carelessness or intentional recklessness, that negligent driver will be responsible for your damages because they failed to yield the right of way.

How Do I Prove the Defendant Failed to Yield Right of Way?

Proving any personal injury matter is based on the preponderance of the evidence showing that it is the more likely scenario. This causes us to rely on our persuasive abilities and whatever evidence we can find. Typically this is determined by first learning what roads and direction each of the parties are traveling on. We must prove where the cars were and where they were coming from. These two facts often shed a great deal of light on the accident and give clarity to the events that actually occurred. We can also assess the situation and details leading up to the accident by analyzing the damage to both vehicles. Through damage analysis we can determine the speed and direction each car was traveling.

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For example, you were driving down the Sam Houston Toll Road, you got in a car accident and the defendant is claiming that you rear ended their car and therefore you are liable. However, via accident analysis we can show that the defendant’s car clipped the right front side of your vehicle while they were changing lanes. If there is damage to the right from side of your car, this could not have been caused by you rear ending the vehicle. They clearly changed lanes without using proper caution and checking for cars in surrounding lanes. As a car traveling in that lane, you have the right of way and any car changing lanes to move into your path must yield and give you the right of way.

Our attorneys at Grossman Law Offices have various techniques for proving negligence and establishing the defendant’s liability in a fail to yield right of way claim. To further discuss how we might specifically prove your damages, contact Grossman Law Offices at 1-855-392-0000.
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Theory of Liability for Failure to Control Speed

Houston Personal Injury Lawyers » Theory of Liability for Failure to Control Speed

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Theory of Liability in Texas for Accidents Caused by Speeding (or Failure to Control Speed)

Our firm often litigates cases where the defendant driver’s speed is a factor in causing the crash or severity of the injuries our clients sustained. In this article we will discuss accidents that are speed related and what you can do about them.

How Speed Affects Accidents

Speed affects accidents in two distinct ways. The first way is if the speed is excessive it can result in failure to control the vehicle which can literally cause an accident. The second way is in an accident that was caused by other circumstances speed has a multiplying affect with regard to worsening the injuries.

Texas is a state that has a posted speed limit and it is determined by our Department of Public Safety (DPS). DPS does not arbitrarily pick the speeds. It is based on the condition of the roads traveled and how many drivers use the roads. For instance, a road that has a S-curve, the speed limit is slower because the driver is changing directions more frequently. The reason for this is the tires on the car are capable of generating so much grip. Therefore, there are some amount of grip that allows a tire to break, to push the car forward, to accelerate, to break and some amount of the tire grip can maneuver the tire laterally as a turning mechanism. When you ask a tire to do more than one of these things, you exceed the tires ability to generate grip. When a driver fails to control their, speed then an accident occurs. Additionally, the faster a car is traveling, the more profound weight will transfer when the car breaks or turns.

Forced Equals Mass Times Acceleration

Therefore, if a car is accelerating at a high rate of speed and it hits another car, then the mass affect of its mass colliding into the other car is multiplied. As a consequence, the faster the car, when it hits you, the more energy there will be impacted into your car.

How Can we Prove the Car Was Speeding

There are a variety of ways that the defendant driver was speeding: eyewitness testimony, ECU data, your own testimony, deriving the speed from circumstantial evidence, and length of skid marks.

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The importance of proving the other driver speeding

The courts recognize that when a defendant driver is speeding or failed to control their speed, the driver is acting inherently negligent. Moreover, it’s the type of negligence that the defendant is cognizantly aware that they are committing. In other words, a jury is inclined to show some sort of forgiveness to a driver that took their eyes off the road for a split second, that is a simple mistake, but it is still negligence. Nonetheless, juries are certainly not forgiving of drivers who knowingly speed. As such, when we can show that the defendant in your case was speeding. This opens the possibility of punitive damages which opens the doors to a higher settlement.

If you have been injured due to the negligent driver, then contact Grossman Law Offices to discuss your matter further with our experienced attorneys. Call us today at 1-855-392-0000.

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Alleging Gross Negligence – Car Accidents

Houston Personal Injury Lawyers » Alleging Gross Negligence – Car Accidents

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Gross Negligence Theories of Liability in Car Accident Cases

When an accident is caused by certain types of extreme recklessness our attorneys are able to argue that the defendants were grossly negligent. Texas courts have longed held that grossly negligent defendants can pay punitive damages. This article will discuss common types of gross negligence in Houston car accident cases.

Street racing

As long as there have been cars there are people who have been interested in comparing their car to the next guy. We can all agree that racing can be fun, exciting and it can create an adrenalin rush, but we all can agree that responsible adults who are racing their cars is dangerous on the highways. Despite this understanding, many Houston residents do engage in street racing and our firm has represented numerous clients who have been injured or killed when unknowingly finding their vehicle in the path of these reckless drivers. If we can illustrate that your injuries was caused by someone engaging in a race against another vehicle or a race against speed, then we may be able to illustrate that the driver was acting grossly negligent.

Drunk Driving

We all understand while driving while intoxicated is incredibly dangerous but it is a common practice in the Houston area. Our attorneys have successfully argued for punitive damages and literally dozens of alcohol related accidents. In addition to pursuing punitive damages, the applicable liability policies such as Dram shop or liquor liability claims are also usually derived from these claims as well.

Texting and Driving

Texting and driving has became a new and common danger in the Houston area. Many of residents between school age and adult have cell phones. Because of the increase in cell phones, many people tend to text while driving. This is a very dangerous distraction because texting requires you to use your hands and your sight. So sending a text or reading a text causes you to take your eyes off the road for seconds. Within these few seconds an accident can occur.

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These are circumstantial gross negligence but any scenario where anyone is acting negligently under the right conditions is considered grossly negligent. It can be grossly negligent to buy an inexperienced teenage driver a high powered sports car, a senior citizen driving under the speed limit on a busy highway or having to many people in the car.

The tricky part with gross negligence claims are liability insurance does in fact cover even extreme examples of negligence however, it does not cover criminal acts. As such there is a fine line illustrating gross negligence by a defendant and illustrating to the insurance company the criminal acts to nullify the policy. This suitable distinction can spell the device for your case, such claims involve the experience of our attorneys.

Grossman Law Offices will fight for your rights. Call our office to learn more about your potential claim and the compensation that you could be awarded. Call us at 1-855-392-0000, to receive a free consultation.
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Accidents Due to Distracted Driving

Houston Personal Injury Lawyers » Accidents Due to Distracted Driving

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Have You Been Injured in an Accident With a Driver on Their Cell Phone, Texting or Otherwise Distracted?

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The numbers of advertisements that exist nowadays that warn of the dangers of texting and driving cannot be overstated. It is a real threat on the roads today considering the rampant use of text messaging as a means of communication between adolescents and adults alike. Driving through school zones and being caught mid-text can cost you fines of $200.00. This is all in response to the proliferation of accidents that occur because of the fact that one of the parties was texting while operating a motor vehicle. You cannot read a book while driving, which begs the question- how could you read a text? This article will discuss the current regulations against texting while driving in the State of Texas in greater depth. You may be surprised to learn that while Texas does have some rules against this, they have not put a ban on it entirely.

What are the Current Laws Against Texting in Texas?

The current laws against texting in the state of Texas are briefly discussed below:

Any driver that is under the age of 18 is prohibited to use any wireless communication devices while driving a car.

If you have only a learner’s permit you cannot use a handheld cellular telephone during your first 6 months of driving.

School bus drivers cannot use cellular telephones while driving buses if there are children present.

Drivers may not use handheld cell phones while they are in school crossing zones.

Specific cities in Texas that have taken matters into their own hands and enacted local distracted driving laws are: Austin, Amarillo, El Paso, The Canyon, Stephenville, San Antonio, Galveston, Missouri City, and Dallas.

What is the Progression of the Laws Against Texting in Texas?

Recently, Governor Rick Perry opted to veto the legislature’s proposition to ban text messaging for all of the drivers on the road. The implication of this decision by the governor is that Texas will likely not see a ban in its entirety until at least 2014. This is a cause for concern because of the fact that a great deal of accidents that occur on Texas roads today happen because of inattentive drivers who are more concerned with communicating via text on their smart phone than paying attention to the road and other vehicles.

A recent news article explained that the entire legislature did not meet in 2012 and will return in the year 2013. Shockingly, Texas is one of only eleven states that do not have a ban on text messaging imposed on every driver on the road. When Perry explained the reasoning behind his decision to refuse to implement the ban he stated that he believed the law to be some form of an effort to try to micromanage the behavior of adults. However, what about the laws directed specifically at teenagers? This has spurred some debate of as to whether the age of the driver may play a pivotal role in what determines whether or not the ban should be imposed. In addition, does it not seem difficult to enforce a law that is directed at age rather than a blanket rule?

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Perry vetoed this law of June 17th of 2011. Had he decided in the alternative it would have been in effect by September of 2011. Moreover, Perry stated that the key to persuading drivers of all ages to quit texting while operating motor vehicles was to inform and educate them of the potential dangers of this activity when he made his veto statement. Perry was mid-campaign during this statement as a United States presidential candidate.

If you or a loved one has been injured because of a distracted driver that was texting and inattentive, the attorneys at Grossman Law Offices can offer experienced legal counsel that can aid you in making sure that you recover for your loss. This is a developing area of the law and our attorneys stay on top of any developments in an effort to make sure we can provide you with the better legal representation possible. Contact us at 1-855-392-0000.

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