You’re cruising on your morning commute when suddenly; a car appears out of nowhere and swerves right in front of you. You slam on your brakes and yank your steering wheel to the side but then you hear that sickening crunch as you’re jolted forward. Both vehicles come to a stop. You’re shaken and your heart is racing, and you’ve just been in an Auto Accident.
As skilled injury attorneys serving McAllen Texas, Brownsville Texas, and the surrounding areas, we see our share
of auto accident victims. We think it’s important to occasionally remind the friends of our firm, what they should do when they are in an accident. This directly affects the outcome of their insurance claim and potential lawsuit. You not only need to know what steps to take for safety and for your own well-being, but also what steps to take to improve your chances of a successful insurance claim.
We of course hope that you will never be in an automobile accident. But motorcycle accidents, truck accidents, car and scooter crashes and SUV rollovers unfortunately happen every day. Let’s pretend it just happened to you, and review our Do’s and Don’ts of after an Auto Accident.
1. Check yourself for injuries and make sure you are not bleeding anywhere. If you are, try to wrap or cover the bleeding area immediately. If you have passengers in the vehicle with you, you should check them for injuries as well.
2. Quickly scan the vehicle for any dangerous signs like sparks, flames or leaking liquids. You may need to exit the vehicle very quickly. If you cannot open a door try the other doors or get a window down.
Safety Tip: It is wise to keep something in your car that you can break a window with should you ever be unable to get a window down.
3. If anyone in either vehicle is injured, an ambulance should be called immediately. No matter how small the damages to your car(s), the police should be called also. The police report is necessary if you are going to pursue any claim. Pain and injuries can show up a day or even several days after an accident.
4. Record the information from the other driver — their name, license tag number, address and insurance company. If they flee the scene, call the police immediately and the police will attempt to apprehend them.
5. Whoever is able, should take pictures of the scene right away. Include the position of all the vehicles and any debris or items around you that could have contributed to or affected the outcome of the accident. Do not move your vehicle and ask the other parties not to move their vehicle either. (Unless your accident was simply a very light fender bender, or if your vehicle is posing a hazard to other drivers.)
If you are injured and unable to stand up/move around and take pictures, ask a bystander or spectator if they would take pictures for you.
6. If you are capable, immediately take notes about what happened. Estimate the speeds of both vehicles and note any conditions or situations at the scene of the accident such as debris on the road, a malfunctioning traffic light, a speeding driver, construction, etc. Anything you can think of should be noted. Insignificant details can become important later. When the police speak to you, be honest and forthcoming. It is in your best interest.
1. Don’t speak to the other driver or any of the passengers in the other vehicle, unless it is to obtain their personal contact, license, tag, and insurance information. Speak only to the police officer who arrives on the scene.
2. Don’t agree to settle the dispute privately, chances are that you’ll regret this later. Our attorneys have seen time and time again; accident victims come to our law firm and wish to pursue a claim after the other party failed to cooperate or failed to pay them the amount of money on which they agreed.
3. Don’t make a recorded statement with an insurance company. From the scene or immediately after you leave the scene, you should contact your auto insurance company. The insurance representative will attempt to have you record a statement to wrap things up quickly. They want to document a binding record of events and injuries before you even know the whole story. Don’t let this happen to you. We have seen physical conditions develop days or even weeks after an accident.
You need to assess injuries and damages before you agree to anything, and the mental stress you are experiencing may affect your ability to give a proper statement of events.
4. Don’t sign any documents for the insurance company or accept any payments. You may not be aware your rights, and speaking to a personal injury attorney can help your case.
Don’t: Don’t speak to the other driver or any of the passengers in the other vehicle (unless it is to record the identifying information you need for insurance.)
Always wear your seat belts and always keep your auto insurance paid and up to date. It is extremely wise to carry uninsured motorist coverage because many accidents happen with the other driver had no or insufficient coverage. Our McAllen injury attorneys welcome your questions at any time.
Most people think that tailgating is a minor driving offense, but it’s more dangerous than it seems.
Not only does tailgating cause rear-end collisions, which make up 23% of all traffic accidents according to National Highway Traffic Safety Administration, it has also caused serious and fatal accidents. Drivers on the road must follow other vehicles at a safe distance, and learn how to protect themselves from tailgaters.
In 2015, the Texas Department of Transportation reported that 25,436 accidents occurred because vehicles were following others too closely. Out of those incidents, 12 caused fatalities and more than 6,000 involved injuries.
While most tailgating drivers do not cause serious accidents, it’s important that drivers know what to do after an accident. Most importantly, anyone injured by a tailgating driver should contact a Tijerina of McAllen or Brownsville, Texas personal injury attorney to explore their options.
It’s important to understand the dangers of tailgating behavior. When a car follows another too closely, the tailgating driver shortens the amount of time and distance they have to stop before striking the car in front of them, if that car slows down or stops abruptly.
Stopping distance is linked to the vehicle’s size and weight. For example, a small passenger vehicle requires less time and distance to stop, than a semi-truck or even an SUV.
The biggest limitation made by tailgating drivers is how well they can see and react. The driver needs time to see and process whats happening ahead of them, and then react to avoid a collision. With limited space between vehicles, a tailgating driver has a much small chance to react in time.
ï Keep a Safe Distance: The Texas Department of Insurance recommends a safety cushion of two seconds between vehicles. This allows the following driver to predict movements from the driver in front of them and avoid a rear-end collision.
ï Extra Space for Poor Weather: Drivers in bad weather conditions will need more time to react in case they cannot see well, or the road is wet or icy.
ï Write Down a Tailgaters License Plate Number: When a vehicle is tailgating, and will not stop, memorize the license plate number, then pull off the road to safety. Contact the local police department and report the vehicle.
Vehicles tailgating on McAllen roads are acting negligently. Therefore, if a tailgating driver causes an accident, they could be liable for injuries and damages.
A Tijerina personal injury advocate can help accident victims file a claim and get compensation from the tailgating driver. In these cases, a plaintiff may be able to recover damages for medical costs, lost wages, property damage, and pain and suffering.
After a serious accident, injured parties must contact a Tijerina Legal Group P.C. personal injury lawyer as soon as possible. Seek a consultation from Tijerina Legal Group, P.C. by calling 956-777-7777 or request more information online.
When a customer visits a local bar, they are accountable for their own actions. If driving, that means understanding their limitations and following the law by making sure that they never get behind the wheel while intoxicated or impaired.
The state of Texas expects anyone with a driver’s license to act responsibly, but establishments can also be responsible for damages when they serve alcohol to drunken drivers. In most states, bars or restaurants are required serve their guests responsibly. They must watch customer behavior to make sure they are not becoming intoxicated. When a drunken guest leaves a bar and tries to drive, the seller must help them find another way home. If the guest still drives away, the sellers call the police to tell them that the guest is driving drunk. Texas personal injury lawyers consider these requirements when a victim is injured by a drunk driver, who was over-served at a bar or restaurant.
If a drunk driver causes damages or injuries, a Texas personal injury lawyer may be able to hold a bar or restaurant responsible by utilizing the Texas Dram Shop Act of 1987. This act means that courts hold alcohol sellers liable for accidents that resulted, at least in part, because of the over-service of alcohol.
The Texas Dram Shop Act also protects passengers inside the vehicle with the drunken driver, and pedestrians struck by the driver’s vehicle. Basically, the Dram Shop Act holds the bar or restaurant responsible, when they continue to serve alcohol to a person that was drunk and did not make sure that the guest got home safely.
They could also lose their ability to serve alcohol. When a bar is associated with a drunken driving incident, the Texas Alcoholic Beverage Commission investigates to determine if there is any reason to take away the beer/wine or liquor permit.
A McAllen or Brownsville personal injury lawyer builds evidence after a drunken driving incident. An attorney interviews witnesses that can testify to the defendant’s behavior.
Texas personal injury attorneys investigate any and all evidence that will show that the driver was intoxicated. For example, the driver’s Blood Alcohol Content is taken by police after the incident, and used as evidence. They also find videos that show the driver slurring, staggering while walking, or showing other signs of being drunk. Especially if the bar or restaurant continued to serve them alcohol.
Those injured in a motor vehicle accident that involved a drunken driver in McAllen or Brownsville, Texas should contact Tijerina Law Group P.C. as soon as possible.
Our attorneys determine if the Texas Dram Shop Act applies, and work to make sure that the drunken driver is held responsible for injuries caused by their actions. Whether or not the bar or restaurant can be held liable, driver must be held accountable for their reckless behavior. The driver and/or alcohol seller may be required to pay compensation to all victims.
Contact Tijerina Legal Group, P.C. by calling 956-777-7777 or complete an online contact form to speak with a Tijerina personal injury team member for your McAllen or Brownsville, Texas Personal Injury case.
A 28-year old McAllen man passed away in the hospital soon after his sports car flew off the highway one afternoon in San Juan. Police estimate the speed of the car to have been 100 m.p.h. and suspect that the driver was taking inhalants at the time of the accident.
The driver was ejected from his vehicle’s back windshield after the vehicle hit the guardrail, rolled over, and then crashed into a palm tree. Witnesses saw the man fly out from the car and land on a nearby grassy area, according to an article by Kristian Hernandez of The Monitor.
Inside the vehicle where inhalants and whippets paraphernalia (N2O cartridges also known as “whippets” in street slang), which led the police to believe that the man was under the influence at the time of the crash. Ultimately, speed and possible driving under the influence were the reasons for the tragic accident.
First responders found the man unresponsive, and the hospital declared him dead. He was not wearing a seatbelt and there were no other passengers in the vehicle at the time of the incident.
The use of inhalants is listed within the Texas statute (Texas Statute Section 485.001, Abusable Volatile Chemical) as an abusable chemical and could constitute a DUI.
However, for a person to be guilty of a DUI-DWI, there must be proof that the inhalant was hampering the individual’s ability to drive.
Had the driver struck any other vehicles or pedestrians at the time of the accident, a McAllen personal injury attorney would have been able to hold him (or his estate) liable for the injuries or deaths that he would have caused.
While there is no liability for this particular accident (or further injuries), it does bring up the issue of reckless behavior and how it plays a role in a motor vehicle accident claim with a McAllen personal injury lawyer.
Texas Transportation Code Chapter 545 defines the proper use of a motor vehicle, including proper passing, speed, etc. Reckless driving is a criminal offense under Section 545.401. If a reckless driver were to cause an accident, they could be held criminally and civilly liable for the injuries and damages associated with that accident.
Furthermore, reckless driving opens the door to punitive damages for a personal injury attorney. Therefore, an injured party would not only receive compensatory damages (i.e. medical costs, lost wages, pain, and suffering), but their McAllen personal injury attorney may seek punitive damages too.
If you are the victim of a motor vehicle accident – whether a reckless or drunk driver is to blame or not – contact an attorney right away. Tijerina Legal Group is here to work as your accident advocate. Our team will ensure you receive the compensation for your damages and hold those responsible answerable for their actions.
Schedule a complimentary consultation now with a McAllen personal injury lawyer at 956-777-7777 or contact our staff online.
How do you determine if you have a personal injury case? Under Texas law, there are many categories of personal injury damages that allow an individual or multiple individuals to initiate a lawsuit. For example, wrongful death, medical malpractice, slip or trip and fall, lack of security, work-related injuries, boating accidents, and of course auto accidents. When a person is injured, if another party contributed to that injury in any way — directly or indirectly, they potentially can be held at least partially liable for those injuries. This is the basic premise of a personal injury claim.
Obviously, there are times when it is difficult to tell who or what may have caused an incident that led to injuries. This is when thorough investigation of all the facts of the incident must be done. Skilled personal injury attorneys know how to uncover details and leave no stone unturned. Injury cases are not easy to pursue in most cases. And so an injury attorney must be adapt at finding hidden facts and extracting information from unlikely or unwilling sources.
The first thing that many people ask is, will I need to go to trial? The truth is, in Texas and anywhere in America, the majority of personal injury claims are handled through settlement. Trials are very costly and time-consuming. Both sides of an injury lawsuit are motivated to resolve the case without going to trial. There are advantages and disadvantages of going through the legal trial process.
Sometimes, the plaintiff in the case may question why their injury attorney is pushing for a settlement. Why don’t we take this case to trial? Can’t you potentially get more compensation from a trial? Well, the truth is, trials are risky. Our McAllen, Texas injury firm shares with you here the differences between settlement and trial.
• It’s not as hard on the plaintiff and their loved ones – not as emotionally and physically draining as a trial in court
As you can see, a settlement is a sure thing – money in hand. And if a trial outcome is uncertain, your injury attorneys will recommend accepting a reasonable settlement.
It typically takes a year, or longer for a court date to be set for a trial. So if you are holding out for that, it means waiting longer to be compensated for your expenses, which may still be ongoing. Now consider that juries are individuals, with their own thought processes and belief systems. What seems obvious to you, or fair to you, may not be obvious or fair to them. You can choose to go to trial and risk LOSING.
Now, if your case is worth millions and your settlement offer is $650,000, then your injury attorney may decide that the trial is the only way to go.
Obviously, your personal injury attorney wants to be successful. He or she wins when you win. So your lawyer will review all the details of your settlement with you and guide you in deciding whether accepting the amount is the right decision. Often, injury attorneys counter the settlement offer with an offer you WOULD accept, when the defendant’s offer is too low.
It pays to ask your injury attorney questions at the beginning of your case, to get their thoughts on potential settlement. Note that sometimes, even the most experienced lawyers sometimes call on outside help, by consulting mediators or facilitators to help resolve a settlement. When all attempts at mediation and settlement fail, then an injury case goes to trial.
As you can see, wise legal counsel is critical in any type of wrongful death, auto accident, or injury claim. As McAllen personal injury attorneys, (serving both Mcallen and Brownsville, Texas) we’re experienced at helping the injured seek justice and compensation. The Tijerina Legal Group welcomes all inquiries and offers free case evaluations.
"American Horror Story﻿" fans are going to get a dose of seriously creepy history in season 6 ... at least based on these pics we got from the set.
TMZ has obtained the first shots from the 'AHS' set in Santa Clarita, CA ... and one word etched into a tree is a HUGE hint about the theme: CROATOAN.
If you paid attention in school ... you remember that word from the mystery of Roanoke -- the 1590 North Carolina colony where 117 people vanished. The only clue was the word "CROATOAN" -- a nearby Native tribe -- carved into bark. There have been all kinds of creepy legends about the colony.
Check out the set pics -- they all center around a colonial-era farm. Plus, our 'AHS' spies have spotted the cast in Pilgrim-era clothing, and the the teaser trailers are on point, too.
If the College of Education Testing Center is closed for weather, illness, technical issues, etc., you will be notified via email by ETS for all Praxis Exams. For all other exams, check local media for winter weather advisories and school closings. If TTU is closed, the Testing Center will be CLOSED. The Testing Center will email you with information about how to reschedule your exam.
Ruth Avra, a Florida jewelry designer, has been making jewelry from umbilical cords for more than six years. The idea struck her after a friend requested she create a piece of jewelry from her newborn's umbilical cord.
Ruth Avra says the idea to create her unique umbilical cord jewelry struck her after seeing the differences between her child's umbilical cord stump and a friend's.Ruth Avra
"A close friend gave me her son's umbilical stump back in 2011 and asked me to make jewelry out of it," Avra told TODAY Parents. "I was a jeweler, it should have been a no-brainer, but the stump sat on my desk for several months. I was pregnant at the time with my first child and shortly after my son was born, I put my stump next to my friend's stump. The sheer difference of the two of them made me realize exactly what I needed to do."
Avra says she has sold hundreds of necklaces, bracelets and other pieces made from umbilical cord stumps since she first thought of the unique jewelry design. Parents simply mail Avra the dried stump and wait for the creative mom to fashion a one of a kind piece from silver and resin, which preserves the section of cord tissue.
Jackie Kaufman, who also lives in Florida, creates a similar line of jewelry. In her Etsy shop, Kaufman sells a pendant casted as an exact replica of a baby's umbilical cord stump in the customer's choice of silver or gold.
"I have a niche customer base that is looking for unique designs that have special meaning to them," Kaufman explained. "I was asked by a customer that had a baby about two months prior to make the charm, and she wanted one for each of of her children in the future to make a possible charm bracelet."
While the umbilical cord necklace is a fairly new product to her shop, Kaufman says she's sold several of the pendants. And, while some may think the designs are strange or disgusting, Kaufman sees the beauty in every piece she crafts.
"The jewelry I make, for the most part is not beautiful, but has a special meaning to the customers — that makes what I do have meaning," said Kaufman. "I say do not judge. Everyone finds meaning in different things and beauty comes to some in the meaning of the piece, not in the look of it from an outside perspective."
Both jewelers sell other unique pieces, from rings made from baby teeth to jewelry stamped with the sound wave of a loved one's voice.
"It's definitely not meant for everyone, I know that very well," said Avra. "I think tomatoes are disgusting but I smile and am polite when people eat them in front of me. I would recommend for others to do the same when they see something they think is gross that others love."
Governor Ayodele Fayose of Ekiti State has applauded Chief Afe Babalola (SAN) for reducing unemployment in the state through the establishment of Afe Babalola University (ABUAD) and investing in agriculture.
A Jos-based clergy, Prophet Isa El-Buba of the Evangelical Bible Outreach Ministries International (EBOMI), has called on Nigerian electorate to vote out political leaders that do not have the mental capacity to provide good governance for Nigerians in the 2019 general elections.
The Falconets on Saturday in Benin defeated visiting Tanzania 3-0 in the first round first leg match of the Africa qualifiers for the 2018 FIFA Under-20 Women’s World Cup in France.