Anthony J. Milano

Most car accident claims involve bodily injuries, but that doesn’t mean you can’t recover compensation if you aren’t injured in a collision. If your no-injury car accident resulted in damages of any kind, you can file a claim.

Types of Available Compensation for a No-Injury Car Accident

After most collisions, you can file an insurance claim for non-injury damages. Non-injury damages is a legal term for compensation that covers losses from a car accident that do not involve medical care or treatment for an injury. Your non-injury damages might include compensation for:

Property Damage

Payment for the costs of repairing or replacing your vehicle, as well as any other personal items damaged in the accident.

Rental Car

You can claim the costs for a rental car if you need one while yours is in the shop or while waiting for a check for reimbursement.

Lost Income

If you have to miss any time away from work due to your accident, you can recover lost wages. In some cases, you may be able to recover damages for diminished earning capacity if you can no longer work or cannot work at the same level as before your car accident.

Who Is Responsible For Paying My Damages?

The driver who caused your accident is responsible for your damages. Typically, you will file a claim with the at-fault party’s insurance company. This is called a third-party claim because you are the third party to the other driver and their insurer. The insurance company will process your claim, but they will also investigate the accident to determine that their policyholder was truly at fault. Most car accident claims settle outside of court. However, if the negligent party or their insurance company refuses to offer you a fair amount based on your losses, you may benefit from filing a property damage lawsuit.

An alternative option is to file a claim against your own auto insurance policy. However, you will be responsible for your deductible until your insurer recovers compensation from the at-fault driver’s insurance company.

If you discover that the at-fault driver is uninsured or underinsured, you will need to go through your own insurance company directly if you have UM/UIM (Uninsured/underinsured motorist) insurance coverage. If you happened to have rejected this coverage as part of your policy, you can still file a claim against your collision coverage. However, if you only carry liability insurance and the other driver is uninsured or underinsured, your only option for compensation is to file a lawsuit against the at-fault driver personally.

Do I Need a Lawyer? 

No-injury car accident claims typically do not require a lawyer, but hiring one can be beneficial. Car accident lawyers take the burden of dealing with the insurance company off of your shoulders. They will also gather evidence, evaluate your damages, and handle the negotiations for you. In the event that you pursue a lawsuit against the driver or their insurance company, an attorney will make certain that the proper steps are taken to ensure you recover the compensation you are entitled to.

Contact Milano Legal Group

A no-injury car accident can still result in extensive damages. Speak to a Car Accident Lawyer to discuss your legal options. Reach us online or call (855) 545-1777 today for a free consultation.

A helmet is by far the most critical piece of safety gear when it comes to riding a motorcycle. Helmets saved 1,872 lives in the latest statistics from the CDC and reduce the overall risk of dying in an accident by 37 percent. That is why many states, including Texas, have helmet laws in place to promote safety.

Current Helmet Laws in Texas

For most motorcycle riders, helmets are a requirement. They protect your safety, and they can drastically reduce the possibility of a brain injury or death from an accident. But, some people in Texas have the option not to wear a helmet under certain circumstances.

First, motorcyclists must be older than 21 before helmets are an option. After that, riders must complete an approved motorcycle operator safety and training course, as well as carry proof of the appropriate health insurance coverage to be allowed to ride without a helmet. This insurance of at least $10,000 worth of coverage is intended to take care of medical expenses in the event of an accident. It also shows that the motorcyclist accepts the risks that come with riding without a helmet.

Helmet Requirements 

Motorcycle helmets must meet the following safety standards set by the U.S. Department of Transportation:

• It must weigh at least three pounds. Unsafe helmets usually weigh only one pound or less.
• An inner liner that has a layer of firm polystyrene foam at least one inch thick. This may not be visible, but its thickness can be felt.
• Sturdy chin straps with rivets.
• Any external components or decorations do not extend further than two-tenths of an inch from the helmet’s surface.
• The helmet has a manufacturer’s label with the name, model, size, month and year it was manufactured, and the type of materials used.
• A “DOT” sticker is on the back of the helmet, certifying compliance with the Federal Motor Vehicles Safety Standards. Novelty helmet sellers may give motorcyclists counterfeit DOT stickers to place on a non-compliant helmet, which is why all the other standards must be observed to distinguish if a helmet is safe.

The Impact of Helmets on Liability

If you are injured in a motorcycle accident while not wearing a helmet, it can be extremely challenging to recover full and fair compensation, particularly if you were required by law to wear one. The reason being that victims have the burden of proving another party’s negligence caused the accident before receiving compensation. The at-fault party may deny liability or fight your claim by suggesting your negligence in choosing not to wear a helmet was the actual cause of your injuries.

Texas courts follow the rule of modified comparative negligence with a 51% bar. This rule can dramatically reduce or eliminate your compensation if you are also responsible for your accident. If you are found more than 50 percent at fault for your motorcycle accident, you are barred from financial recovery. If less than 51 percent of the blame is placed on you, you can recover compensation, but it will lower it. For example, if you are awarded $10,000 and found 40 percent at fault, you will receive $6,000. If you are awarded $10,000 and found 51 percent at fault, you won’t receive anything.

Speak to a Houston Motorcycle Accident Lawyer

For more information on Texas state laws regarding motorcycle helmets, or if you believe you have an injury claim, speak to a Houston Motorcycle Accident Lawyer at Milano Legal Group. We offer free consultations; call (855) 545-1777 or reach us online today.

There is a time limit known as the “statute of limitations” for filing any type of personal injury lawsuit in Texas. In most cases, victims harmed by another’s negligent actions or their failure to act have two years to bring a claim. The failure to do so within the allotted time will typically cost you your right to obtain any amount of compensation.

Personal Injury Statute of Limitations in Texas

Under Tex. Civ. Prac. & Rem. Code section 16.003., the two years designated for personal injury victims to file a lawsuit typically begins on the date the accident occurred. It is usually in your best interest to begin the claims process relatively soon after your injuries have occurred. However, that does not mean that you should resolve your claim before you have reached “maximum medical improvement” (MMI) or understand the total value of your case. If you have suffered serious harm, most personal injury lawyers would advise that you wait to settle a claim until you fully recover and know the full implications of your injury.

If your claim is against a Texas state or local government employee or agency, you must file a formal claim with the government unit within six months of the accident. Since the timeline and filing requirements are more stringent for personal injury claims against the government, it is vital to speak to an attorney immediately after the accident to ensure your rights are protected.

What If You Miss the Two Year Deadline?

In general, there’s no way around the statute of limitations. If you wait until after the statute of limitations to file a personal injury claim has expired, the party you are attempting to sue will typically file a “motion to dismiss.” Pointing out that the statute of limitations has run will almost always result in your case being dismissed unless a rare exception applies to your claim entitling you to more time.

The personal injury statute of limitations in Texas was established to streamline the legal process. That way, lawsuits are not brought to the courts several years after the incident occurred and after much of the significant evidence has been lost.

Exceptions to Texas’ Personal Injury Statute of Limitations

Several scenarios may temporarily stop the clock and extend Texas’ deadline to file a personal injury claim. These circumstances can include:

• The injured person is under the age of 18, or as described by Texas law — under a legal disability
• The injured person is not of sound mind
• The party who allegedly caused the injury leaves the State of Texas.

The clock will begin running once the injury victim turns 18 or becomes mentally competent or once the party returns to Texas. The period of the responsible party’s absence will not count as part of the two-year statute.

We Can Help

If you believe you have a personal injury claim, speak to a trusted Houston Personal Injury Lawyer before the statute of limitations runs out. Call (713) 489-4270 today for a free consultation.

When a loved one is killed by someone else’s actions, the surviving family members may have a wrongful death claim. There are different types of compensation that may be awarded in a wrongful death action, as well as certain rules in place governing how settlement proceeds are divided in Texas.

Who Will Receive Compensation in a Texas Wrongful Death Claim

How wrongful death settlement proceeds are divided in Texas is in accordance with Texas Civil Practice and Remedies Code 71. Texas law explicitly names who is recognized as a beneficiary after the wrongful death of a loved one, mainly surviving spouses, children, and parents. If minor children are involved, the court may designate a guardian of the minor as the person who will receive the compensation.

Like most civil lawsuits, wrongful death claims are often settled before reaching the courtroom. Once a settlement is reached, adult beneficiaries are first given a chance to work out on their own how funds will be distributed. However, disputes can arise between family members who disagree on how the proceeds should be divided. At that point, a lawyer can step in to help split the compensation fairly.

Wrongful death lawyers will typically draw on precedents set by jury decisions in other wrongful death cases to determine how to divide the proceeds among each surviving family member. If a wrongful death claim reaches trial, however, a jury will have the responsibility to designate how much each person is entitled to receive.

How a Texas Jury Will Divide Wrongful Death Settlement Proceeds

Juries have generally divided wrongful death settlement proceeds in other cases as follows:

• More compensation is typically allocated to the victim’s surviving spouse.
• Minor children who lost a parent may not be awarded the same amount as a spouse, but it will be substantial.
• Parents who have lost a minor child are commonly awarded a considerable amount.
• Awards are typically limited for middle-aged or elderly persons that have lost an adult child and for adult children who have lost a parent.

Issues such as structured settlements or trust accounts can also impact the distribution of proceeds.

Types of Compensation Available in a Wrongful Death Claim

The family of a deceased loved one can seek compensation for the following:

• Loss of financial support
• Loss of companionship (the harm caused by the end of the relationship)
• Mental anguish.
• Funeral and burial expenses
• Medical expenses for your loved one’s care after the accident and up until their death
• Property damage caused by the accident
• Lost income due to injuries
• Pain and suffering after an accident up until death.

In some instances that involve a defendant who acted willfully or exhibited gross forms of negligence, the court may award punitive damages. These damages are meant to punish the defendant and discourage others from similar negligence. However, they are rarely awarded because there must be proof of intentional or extreme behavior.

We Can Help You Through This Difficult Time

Please contact Milano Legal Group if you have any questions about a wrongful death lawsuit or are considering filing one. Our Houston Wrongful Death Attorney can discuss your situation in a free consultation. Call (713) 489-4270 today.

When driving in Texas, there are right of way laws that drivers must abide by to keep themselves and others on the road safe. Failing to observe them can result in penalties, or worse, a car accident.

Intersections

• Motor vehicles driving down unpaved roads must yield the right-of-way when they come across an intersection with a paved road.
• At an uncontrolled intersection, ones that don’t have a traffic control signal or stop/yield signs, you must yield to those who are already at the intersection and proceed cautiously.
• For left-hand turns at an intersection, you must give the right-of-way to pedestrians crossing the street, as well as vehicles traveling in the opposite lane. For right turns, you must also yield to any pedestrian and cars entering the lane you are turning into.
• When traveling down a private road, lane, or alley that opens up to an intersection, you must give the right-of-way to any oncoming traffic.
• At railroad crossings, you must stop at the indicated area to give trains the right-of-way. Stopping too close to the tracks can cause devastating consequences if an accident occurs and you are struck by a moving train.

Pedestrians

• Drivers must yield the right-of-way to pedestrians, even if they cross the road illegally, such as failing to use a marked crosswalk.
• Pedestrians are required to yield to vehicles that have a green light at an intersection.
• Pedestrians who are blind always have the right-of-way.

Pedestrians lack the same amount of protection as a vehicle gives its passengers. As a result, accidents often cause severe injuries or even deaths. As a general rule of thumb, Texas drivers should always be extra cautious and give pedestrians the right-of-way.

Emergency Vehicles

Emergency vehicles, such as ambulances, fire trucks, police vehicles, etc., that have their sirens and flashing lights on have the right-of-way. You must move aside or even pull over if you have to let these vehicles pass. If you are in an intersection at the time, proceed through it, then pull over to the side.

Penalties for Failing to Yield the Right of Way in Texas

Drivers who fail to comply with Texas right-of-way laws can be subject to a fine between $50 to $200 and two points on their license. If a violation of a right-of-way law leads to an injury, the driver may receive three points on their license and a fine of up to $2,000. A larger fine of up to $4,000 may be issued if someone is seriously injured.

Get Legal Help

Understanding who should have legally had the right-of-way can help you better define who is at fault when an accident occurs. If you can prove that another driver caused the accident by violating a right-of-way law, you will have a strong claim for compensation.

If you have been injured in an accident in Texas, an experienced Houston Car Accident Lawyer at Milano Legal Group can help. We will identify the liable parties and ensure you recover maximum compensation for your claim. Call (713) 489-4270 or reach us online today.

Negligence has a specific legal meaning, but the idea behind it is that a person did not act the way a reasonable person would have in a similar situation. It is a legal concept commonly applied to personal injury cases when a party acts negligently and, as a result, causes injury to another. However, different types of negligence may apply in certain Texas cases.

Elements of Negligence

It is essential to understand the elements of negligence before learning the different types. To prove another party acted negligently, you and your attorney must demonstrate the following:

• Duty:  the other party had a duty to act reasonably. For example, a driver owes a duty to others on the road (including pedestrians) to drive safely and to follow the rules of the road.
• Breach: the at-fault party violated that duty. In the case of a driver who struck a pedestrian, the driver may have violated his or her duty of care by being distracted while driving.
• Causation: the at-fault party’s breach of their duty of care directly caused your injuries. An added component is that this breach must be the proximate or “but for” cause of injury. In other words, you would not have been injured but for the other person’s actions.
• Damages: you must prove you suffered actual financial losses and the amount of those losses.

Types of Negligence in Texas

Negligence is a blanket term, as there are many types. Each one must be handled differently, making it critical to know which kind you are attempting to prove. The most common types of negligence in Texas are:

Modified Comparative Negligence

Texas courts follow the rule of modified comparative negligence. An injury victim who is somewhat at fault may receive compensation, but their percentage of fault will reduce the settlement or court ruling. However, the victim must be 50% or less responsible for the incident than the other parties involved. Also known as the 51% bar rule, if the claimant is found 51% or more at fault, they cannot recover compensation.

Example: in a car accident case, if the jury awards you $10,000 and determines that you are 30% responsible for not wearing your seatbelt, you will receive 70% of your award or, in this case, $7,000. On the other hand, if the jury determines you are 51% percent responsible since you didn’t wear a seatbelt, you will not receive an award.

Vicarious Liability

This form of negligence holds a defendant liable for the actions of another person or animal. Vicarious liability is often used in cases involving:

• Minor children between the ages of seven to 17, as their parents, can be held responsible for their actions. Teenagers over the age of 18 are considered adults, whereas children under seven are legally defined as being incapable of negligence.

• Negligent actions of employees, since their respective employers can be vicariously liable if they cause injury to another while working.

• Animal bites or attacks, as owners can be vicariously liable for their pets’ actions.

Gross Negligence

In these cases, the act of negligence was so careless or reckless it showed a complete disregard for the safety of others. Gross negligence is a much more severe form of negligence that goes a step further than simple carelessness or failure to act—it is willful behavior. Examples include a driver speeding in an area with heavy pedestrian traffic or a physician prescribing a drug to a patient whose medical records clearly list that they are allergic to.

Another type of negligence in Texas is criminal negligence. However, it is not used in civil law or personal injury cases.

Contact Milano Legal Group

If you believe you have been injured due to the negligence of another, speak to an experienced Houston Personal Injury Lawyer. We are dedicated to the wellbeing of our clients and will make sure you recover the compensation you are entitled to. Call (855) 545-1777 today to schedule a free consultation.