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Whether you were injured in a car accident, slip and fall, or a dog attack, you deserve representation from a personal injury attorney. A lawyer will know exactly how to handle your case to secure you the best possible results. If you are on the fence about hiring an attorney to represent you as a personal injury claimant, schedule a free consultation with a lawyer near you where you can learn how he or she could help your case.

Answers to Your Legal Questions

The civil justice system can be complicated and difficult to understand for the average victim. You have probably never had to go up against a negligent party in pursuit of financial compensation before. Hiring a lawyer can give you answers you can trust to all of your legal questions. Your lawyer can explain your rights and help you understand what to expect from the process moving forward. Your lawyer can give you peace of mind about legal matters so you can focus more on healing.

Support for Your Legal and Personal Needs

Yes, a lawyer serves as a legal professional, but he or she will also provide support for your personal needs during what could be the most difficult time of your life. For example, your lawyer can connect you to the best doctors for your injury or condition in Texas. Your attorney and the entire legal team will be there for you when you need it the most. From answering questions about your case 24/7 to looking out for your best interests in and out of the courtroom, your lawyer can help you through a hard time.

Important Legal Resources

Your personal injury case could benefit from the resources the average law firm has to offer. A law firm will have connections to investigators and accident reconstructionists, for example, who can reconstruct how your accident happened and who is to blame for causing your losses. The law firm may also have special technology to demonstrate your losses to an insurance company or jury, such as visual diagrams explaining your injuries. Finally, a lawyer will know subject-matter experts in your region who can testify on your behalf. Hiring a lawyer could give you access to many resources that could improve your claim.

An Advocate Against the Insurance Company

One of the most critical reasons to hire a personal injury lawyer is for protection from insurance company bad-faith tactics. Insurance companies will stop at nothing to protect their own interests and make a profit. They will even resort to bad-faith maneuvers to save money on your claim, such as offering less than they know your case is worth or unfairly delaying your payout. Hiring a lawyer will give you a trained professional who can negotiate with an insurance company on your behalf. Your lawyer will not allow an insurance provider to take advantage of you during a personal injury claim.

The Ability to Go to Trial

Most injury cases in Texas settle. However, some require trials for fair outcomes. If your lawyer believes you could receive more money for your injuries and damages than an insurance company is offering, your lawyer can represent you at trial in Texas instead. A personal injury attorney can make a trial much less daunting. Your lawyer can take care of difficult legal processes in the pursuit of full compensation while you recuperate.

Better Results for Your Personal Injury Case

Overall, hiring a personal injury attorney can help you achieve better case results. When your future rests on the outcome of your personal injury claim, invest in an attorney. An attorney can accurately estimate the value of your claim. Then, your attorney can go up against the defendant and his or her insurance company to demand the maximum amount of compensation possible for your past and future losses. Having a lawyer handle your case could lead to a higher settlement than you could obtain alone.

Car accident claims are already complex, but when a self-driving or autonomous vehicle is involved, the level of complication rises significantly. Who is responsible for damages after a crash with a driverless car is an ongoing legal debate and the subject of many lawsuits.

What is Considered a Self-Driving Car?

A vehicle that is equipped with advanced technology and software systems so that it requires little to no effort by a human driver to operate. These vehicles have various levels of automation, from level one that requires driver assistance to level five, which is full automation.

Potentially Liable Parties

Concrete liability laws do not exist yet, but various factors unique to each collision will determine who is liable for a self-driving car accident. However, self-driving technology has not been perfected to where the car does not require some human assistance. In March 2018, a self-driving Uber car struck and killed an Arizona pedestrian, making it evident that autonomous vehicles could not sense, react to, and avoid unexpected danger. What this means is the human in a self-driving car involved in an accident, whether they are driving or remotely operating the vehicle, can be held liable if they cause an accident. If the driver or remote operator is an employee and working at the time of the accident, their employer could be vicariously liable for damages.

Driver Liability

Self-driving vehicle manufacturers are likely to blame a human driver in the event of an accident. On many autonomous vehicles, the software alerts the driver when they must take over the wheel. If the driver failed to take over when warned to do so, they can be held responsible.

Manufacturer Liability

There can be instances of a technological failure or the software failing to alert the driver quickly enough to avoid danger, making the manufacturer liable.

In some cases, multiple parties will be liable, but it will depend on which parties were considered negligent and caused the accident.

Texas’ Negligence Law

Texas operates under the rule of modified comparative negligence. This law applies to self-driving accident cases and allows multiple parties to be responsible for damages resulting from a collision. However, each party’s percentage of fault will directly impact their recovery, and they must be 50% or less at fault to receive compensation. This is known as the 51% bar rule, which bars a claimant from recovering compensation if they are 51% or more to blame for an accident.

Example: If you are awarded $100,000 and found 25% responsible because you were not wearing your seatbelt, you will receive 75% of your award or $75,000. On the other hand, if the jury determines you are 51% percent responsible, you will not receive compensation.

Contact Milano Legal Group

The manufacturers of self-driving vehicles or employers of those operating them will have teams of attorneys to help them devalue or invalidate your claim. When your health and financial future are on the line, you need an experienced Houston Car Accident Lawyer to help you hold the liable parties accountable. Contact us online or call (713) 489-4270 today for your free consultation.

When another driver is clearly at fault for your car accident, that doesn’t mean their insurance company will accept liability. There is evidence that is vital to supporting your accident claim, and here are some examples of what you need to obtain the compensation you are entitled to.

Evidence from the Accident Scene

The evidence you can gather from the crash scene includes photographs and videos, any available video surveillance, measurements of skid marks, the contact and insurance information for the people involved, and any witnesses. The positions of the vehicles after impact should also be noted, as well as the weather conditions and any surrounding factors that could have contributed to the collision.

Police Report

The police should always be called after a car accident so an official report can be made. The report will contain contact and insurance information for the parties involved if you were unable to obtain it. It will also include the position of the vehicles, how the officer believes the accident happened, who they believe caused it, and if any drivers were cited for a traffic offense that will also be noted. Although police reports are generally inadmissible in court, they will typically hold considerable weight with an insurance adjuster when determining who is liable.

Eyewitness Statements

Eyewitness statements or their evidence recordings can be an invaluable resource because they do not have their own interests in mind or care about the case’s outcome. However, it can be challenging to obtain a record of eyewitness testimony, so you likely need an experienced car accident attorney from Houston to help.

Medical Records

Medical records are vital to a car accident claim. They link your injuries directly to the accident and also testify to the severity of your harm and required future care. Information on your injuries can also possibly confirm the speed and position of the vehicles at the time of the crash.

Documentation of Other Losses

You will need to provide records and receipts to obtain compensation for any other financial losses related to the accident. For example, repair or replacement invoices for the damage to your vehicle and other property, a receipt for a car rental, etc. To show evidence of lost income, you can provide pay stubs and W-2s, and any records of missing work.

Expert Testimony

Depending on the circumstances of your car accident, your case may require expert testimony. For instance, your attorney may hire a medical expert to testify to the extent of your injuries and how they will impact you in the future, a forensic accountant to calculate future losses, or an accident reconstructionist to gather additional evidence on how the accident occurred and who caused it.

How Negligence is Proven in a Car Accident Case

With the evidence you have gathered, you must be able to establish the following four elements to successfully hold another party liable for your car accident in court:

• Duty. The driver owed you a duty of care. (e.g., drivers have a legal obligation to follow traffic laws and exercise reasonable caution)
• Breach of Duty. The driver breached their duty by failing to use reasonable care. (e.g., texting and driving, running a stop sign, speeding, etc.)
• Causation. The driver’s negligence directly caused your injury. (e.g., medical records of treatment right after the crash)
• Damages. The last element you must prove is damages or financial losses. (e.g., medical bills, lost income, etc.)

Proving negligence can be complex, and your actions immediately following a car accident are critical.

Milano Legal Group Can Help You

Our highly experienced Houston Car Accident Lawyer can help you preserve the critical evidence you need to prove fault and obtain the compensation you deserve. Message us online or call (713) 489-4270 today for your free consultation.

Selecting the right car seat and securing it properly are critical to keeping your child safe in a vehicle. Not only will a car seat help protect your child in an accident, but they are also mandated by Texas law.

What are Texas’s Car Seat Laws? 

Any child who is younger than eight years old must ride in a child passenger safety seat system when traveling in a motor vehicle. The only exception is if the child is taller than 4 feet, 9 inches. An approved child passenger safety seat system is one that is in accordance with the Federal Motor Vehicle Safety Standards, and is:

• Appropriate for the size and weight of the child; and
• Installed within and attached safely and securely to the motor vehicle, either:
• In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or,
• In another manner that is approved by the National Highway Traffic Safety Administration.

Car Seat Recommendations by Age

The Texas Department of Transportation (TxDOT) specifies the following seat recommendations by age, in order to keep children safe in vehicles:

All Children: Keep children in the back seat for as long as possible, or at least until age 12. It’s always the safest way to ride.

Birth – 1 Year Old: Infants should be seated in a rear-facing car seat until they reach the seat manufacturer’s height and weight limits, typically around age one.

1 – 3 Years Old: Children should continue using a rear-facing car seat for as long as possible. Then a child can use a forward-facing car seat with a harness until the child has reached the seat manufacturer’s height and weight limits, which could be anywhere from 65 to 90 pounds.

4 – 8 Years Old: After outgrowing the car seat with a harness, children can use a booster seat that raises them, so the car’s seat belt fits correctly and until they’ve grown tall enough, which is typically around 4 feet 9 inches.

8 – 12 Years Old: Once they fit correctly, children must wear a seatbelt. The lap belt should lie across the thighs, not the stomach. Additionally, the shoulder belt should not come across the face or neck.

Seat Belt Tips: Children sitting in booster seats designed for shoulder belts should not use only a lap belt. At no time should items such as books, towels, or pillows be used to boost a child.  Shoulder belts should always lie across the chest and never behind a person’s arm or back since it will eliminate any protection for the upper body in an accident.

Get Assistance with Installing and Inspecting Your Car Seat

The National Highway Traffic Safety Administration maintains a directory of inspection stations that can connect you to a certified technician in your area. The certified technician will perform a car seat inspection for free and will demonstrate how to install and use your car seat correctly.

Have You Been Involved in a Car Accident? 

If you or someone you love has been involved in a severe car accident, speak to a skilled Houston car accident lawyer who can help. We offer free consultations.

Many recreational activities are inherently dangerous and require a signed liability waiver before you can participate in them. Under Texas law, signing a personal injury liability waiver generally releases another party from being held legally responsible for an injury or damage that the first party sustains. In other words, if you sign a liability waiver and get injured due to an unforeseen risk, you cannot sue the company for compensation.

Types of Activities that Require a Waiver

Some of the most common activities that require a person to sign or agree to a waiver of liability include:

• Skydiving
• Bungee jumping
• Equipment rentals
• Snowboarding and skiing
• Amusement parks
• Concerts
• Gyms
• Vehicle rentals
• Major sporting events
• Boat rentals
• Unguided tours
• Cruise ships
• Hunting tours
• Spas treatments
• Medical care (non-emergency situations)

I Signed a Liability Waiver, Can I Still Sue? 

If you signed a waiver prior to participating in an activity and you were injured, some circumstances may allow you to still sue the company. If your injury was the result of gross negligence or you were fraudulently induced to sign the waiver, you may be able to pursue a claim.

• Gross Negligence: refers to the willful disregard for participant or customer safety. For example, a company is aware of a potential hazard but does not take action to fix or mitigate the risk of an injury.

If your injury was due to a company’s ordinary negligence, the liability waiver may prevent you from suing the company.

• Ordinary Negligence: refers to the risks or unsafe conditions that can arise even if a company or property owner is attempting to keep the premises reasonably safe—for example, broken equipment, misinformation, improper maintenance, etc.

However, if you suffer an injury resulting from engaging in the activity in an unauthorized manner or during the normal course of participation, the waiver is much more likely to be found valid.

Do I Have To Sign a Waiver?

Yes, if you want to participate in the activity or rent the equipment, the company will typically require you to sign the liability waiver. However, the choice is still yours. Make sure to read every word of the release carefully before signing so you know exactly what rights you may be giving up. Only sign if you agree and fully understand the terms of the contract.

What To Do if You Have Been Injured but Signed A Waiver

The best thing you can do if you are injured but have signed a liability waiver is to speak to a Houston personal injury lawyer. Having an attorney evaluate your accident will be your best option if you want to be fairly compensated. There are distinct factors that render a liability waiver unenforceable. They understand these types of contracts and can help you prove liability.

We Can Help 

Contact Milano Legal Group to work with a team that understands these personal injury liability waivers and can help you prove the agreement to be unenforceable. Call us today at (855) 545-1777 or message us online to schedule your free consultation.

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.