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Protect yourself and your loved ones if you are involved in a car accident and take steps that may help you down the road. Consider the following:

• Don’t argue or discuss the accident with the other driver
• Do not presume you have no injuries. Your adrenaline and stress of the accident may allow you to ignore the onset of soft tissue injuries which often are more painful and detectable hours or days after the accident
• If you can, photograph the damage to the cars and the scene of the accident
• If you can, take the name and number down of any witnesses
• Make sure to get the identification and insurance information of the other driver
• Call 911

Negligent driving may result in a car accident which may cause injuries to other drivers or passengers who were not at fault for the accident. Texas law allows the injured person to bring personal injury claims against the driver who was negligent and to receive compensation in the form of money.

The elements of a negligence cause of action are the existence of a legal duty, a breach of that duty, and damages proximately caused by the breach.

The following are common causes of car accidents or common ways a driver can be negligent:

• Distracted driving
• Drunk driving
• Speeding
• Running red lights and stop signs
• Reckless driving
• Aggressive driving
• Fatigue
• Cell phone use
• Driving while eating
• Following another driver to closely

Injuries and damages can be caused by an automobile accident and Texas recognizes many types of damages that a victim of a car crash suffers and some of these include:

• Reasonable medical care and expenses in the past. These expenses were incurred by innocent driver for the necessary care and treatment of the injuries resulting from the accident complained of
• Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future

• Physical pain and suffering in the past

• Physical pain and suffering in the future

• Physical impairment in the past

• Physical impairment which, in all reasonable probability, will be suffered in the future

• Loss of earnings in the past

• Loss of earning capacity which will, in all probability, be incurred in the future

• Loss of consortium in the past, including damages to the family relationship, loss of care, comfort, solace, companionship, protection, services, and/or physical relations

• .Loss of consortium in the future including damages to the family relationship, loss of care, comfort, solace, companionship, protection, services, and/or physical relations

• Loss of household services in the past

• Loss of household services in the future

• Disfigurement in the past

• Disfigurement in the future

• Property damages

• Mental anguish in the past

• Mental anguish in the future

Interstate Highway 35 and Highway 281 are major roads used by truck drivers importing and exporting goods along the Texas borders like Laredo and the Rio Grande Valley. This creates substantial 18 wheeler traffic. If you have suffered injuries resulting from an 18 wheeler trucking accident, contact the Benavides Law Firm.

Trucking accidents often lead to serious injuries and sometimes death.

Truck drivers may be responsible for accidents and may be caused by:

• Driver’s fatigue
• Aggressive driving
• Going to fast in high traffic areas
• Driver distraction

The trucking company who hired the truck driver may also be responsible or negligent. Truck drivers have to meet tight deadlines and although government regulations provide that truck drivers are limited to a certain number of hours they can drive per day or per week, sometimes the pressure to meet the deadlines may persuade a truck driver to drive for longer periods.

Trucking companies may hire or retain truck drivers without a thorough background or ignoring bad driving records, because of the growth of the transportation industry and the shortage of truck drivers. They may be responsible for negligent hiring and/or retention.

The company as well as the driver has the duty and responsibility to make sure that all industry standards and regulations are met to keep drivers on the roadway safe and some of these include proper maintenance of vehicle and equipment; adhering to Hours of Service regulations, weight restrictions, and other requirements that trucking companies and drivers must meet.

The Benavides Law Firm understands that someone injured in a trucking accident may have long term or permanent injuries and we have the knowledge and expertise to make sure that the driver and the trucking company pay and adequately compensate you for your injuries.

Some injuries are so serious that they result in long term or permanent damage to the victim in a personal injury case. This can result in higher compensation for the victim. Some types of serious or catastrophic injuries include:

• Body amputations
• Burns
• Broken bones or fractures
• Spine injuries that can cause permanent mobility issues for the victim
• Brain Injuries – can affect the victim’s ability to walk, talk, form memories.

Catastrophic injuries change a victim’s life as it does their families and loved ones. At Benavides Law Firm, we will ensure that you are compensated for all that you have and may continue to suffer.

Construction sites can be dangerous. Construction sites often have heavy machinery, toxic chemicals, exposed electrical wires, heights which can result in falls and other hazardous conditions. The negligence of the contractor, premise owner or other involved party may be the cause of an injury at a worksite.

Construction sites and employers must comply with federal safety standards governed by OSHA which is a federal agency who regulates and enforces safety compliance for workers. It is important to consult with an attorney immediately after a construction accident.

Working in the oilfield can be dangerous. Common oilfield accidents are:

• Slip and falls
• Lack of proper training
• Electrocutions
• Explosions

Oilfield accidents can cause serious personal injury or death. If you are injured in an oilfield accident you can make a workers’ compensation claim. If your employer did not subscribe to workers’ compensation, you can make a claim for negligence not restricted by workers’ compensation laws.

OSHA also regulates oilfield work and provides safety standards that should be followed. Make sure to consult with an experienced injury attorney to protect yourself if you are injured in an oilfield accident.

The biggest threat to a motorcycle rider are other vehicles that do not see them. Motorcyclists are more vulnerable and susceptible to bodily injury from an accident with a motor vehicle. Head injuries, commonly referred to as traumatic brain injuries (TBI) are common injuries sustained by motorcyclists.

Premise liability is a form of “negligence” based on a premises defect theory. The elements to establish a premises liability claim are different than those of a traditional negligence claim. The claim must arise out of a condition of the premises.

Premises owners owe a duty. The duty owed is determined by whether the injured person is one of the following:

Invitee:

• An invitee is a person who is on the premises at the express or implied invitation of the possessor of the premises and who has entered thereon either as a member of the public for a purpose for which the premises are held open to the public or for a purpose connected with the business of the possessor that does or my result in their mutual economic benefit. b. licensee:

Licensee:

• A licensee is a person who is on the premises with the permission of the possessor but without an express or implied invitation. Such person is on the premises only because the possessor has allowed him to enter and not because of any business or contract relationship.

Trespasser:

• A trespasser is a person who is on the property of another without any right, lawful authority, or express or implied invitation, permission, license, or not in the performance of any duty to the owner or person in charge or on any business of such person but merely for his own purpose, pleasure, convenience, or out of curiosity, and without enforcement, allurement, inducement, or express or implied assurance of safety from the owner or person in charge.

An important factor to determine liability of the premise owner is whether the owner was under the control of the premises at the time the injury occurred. Common types of premise liabilty claims are:

• Slip and falls
• Criminal acts of third parties
• Premises defect
• Attractive nuisance

A product liability claim is any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.

There are three types of product liability claims:

• Design defects
• Manufacturing defects
• Failure to warn

If you have been injured as a result of a product defect, consult with an experienced attorney at the Benavides Law Firm.

If you are injured at work, report the claim to your employer. Your employer may have workers’ compensation and you have rights as an employee under workers’ compensation laws. If your employer does not have workers’ compensation insurance, they may still be responsible under the state of Texas negligence laws.

Employers must comply with federal safety standards governed by OSHA which is a federal agency who regulates and enforces safety compliance for workers. It is important to consult with an attorney immediately after a work related accident.

Wrongful death can result from:

• Fatal car accidents
• Work related injuries
• Product defects
• Oilfield accidents
• Trucking accidents
• Premise defects

You have two years to file a claim for wrongful death. Only certain people can file a wrongful death claim. Only the surviving spouse, child, or parent can file a wrongful death claim.

There are certain types of damages that can be awarded to a loved one who makes a personal injury claim. The most common types of injuries are:

• Mental anguish
• Loss of earning capacity
• Loss of inheritance
• Loss of household services
• Loss of love and companionship
• Loss of care, support, guidance or counsel

A survival action may also exist for the estate of the decedent to recover damages such as physical pain and suffering and mental anguish the decedent suffered before he died.

If you lost a loved one as a result of negligence and you have a wrongful death claim, the Benavides Law Firm can counsel you through this difficult time. The Benavides Law Firm will fight for you.