Explaining Fault in a Personal Injury Case

Personal injury cases can stem from just about any type of accident, including vehicle accidents and slip and fall accidents. When a person is injured in such an accident he or she will likely decide to file a claim against the at-fault person’s insurance company. If the claim is to succeed, there needs to be some form of negligence present by one party or another. If there is no negligence present then it can be very difficult to win a personal injury claim. Today, we will explain fault and negligence in these types of cases so you understand what is needed to be successful.

What is the Duty of Care?

There is a duty of care that is present in all things we do in life. We have a legal responsibility to treat people as safely as possible in all of our interactions. Should this not happen, it’s possible that a lawsuit could be filed because the duty of care has been breached. If the actions of the defendant either taken or not taken failed to meet the reasonable level of care for the circumstances, you could be eligible for compensation in a lawsuit. In order to succeed in such a case you will need to show the following:

There was a duty owed to you by the defendant
That duty owed to you was breached by the defendant
The breach shows causality in the case
The breach was a direct result of the damages suffered

All four of these elements must be present in a personal injury case in order to prove fault and negligence so that the case ends in your favor. If even just one of these elements cannot be proven, your case will not succeed and you will need to go back to the drawing board.

How Can I Prove Fault?

You will need to prove fault in any personal injury case as the plaintiff. It’s your job to show the defendant acted negligently. There are a few ways in which you can prove fault of the defendant in the case and they are as follows:

Show, with evidence, that the defendant was in violation of a law
Provide testimony from people who witnessed the incident
Offer your own testimony as to what occurred
Expert testimony about the incident or explanation of the evidence found at the incident scene

Schedule a Consultation with a Seasoned Attorney Today

Were you injured in a car accident or slip and fall on someone else’s property? If so, it’s important for you to schedule an appointment with an experienced personal injury attorney in Sherman, TX today. The team at David K. Wilson & Associates has decades of experience representing clients just like you who have suffered injuries.

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Do You Know How to Drive Safely During the COVID-19 Outbreak?

By David K. Wilson & Associates • 29 Jul, 2023

During a global pandemic, driving safely is even more important than before. Hospitals and emergency rooms simply cannot handle road crash victims right now. They struggle daily to take care of the thousands of Coronavirus patients who need their care. As the healthcare system becomes overwhelmed, all drivers can do their part to stay safe and avoid serious accidents . Taking steps to prevent serious injury during the Coronavirus outbreak is something everyone can do to help reduce the impact on our healthcare system. Do you know how to drive safely during the COVID-19 outbreak? Tips for Driving Safely Government officials and safety experts urge all drivers to reconsider driving right now whenever possible. Limit driving to only essential trips, such as grocery shopping and medical care. This alone will limit your risk of getting into a serious car accident . It will also reduce your risk of contracting the Coronavirus. Driving in a car is risky at the moment, especially if the distance you drive forces you to stop for gas or food. These interactions with others can increase the risk of catching COVID-19 or passing it along to others. Whenever possible, it is important to stay home to save lives. If you do need to go out, it is important to follow these steps closely. Buckle up Reduce speed Obey traffic lights Watch for pedestrians and cyclists Do not drink and drive Put down the cell phone Do not tailgate Avoid aggressive driving These everyday driving tips can help you avoid a serious accident right now. Be vigilant behind the wheel and use extra caution even when running routine errands. The Global Alliance recommends that all drivers follow their government’s advice. Contact a Sherman Car Accident Lawyer Today The Coronavirus impacts everyone in the United States. As the virus sweeps across the nation, drivers may find themselves stuck after a car accident. It could be difficult to get medical help, car repairs and compensation. During this time, injured car accident survivors need a Sherman car accident lawyer on their side. At David K. Wilson & Associates, Attorneys at Law, we can help you through this terrifying time. We know that you need assistance now more than ever. That is why we offer free initial consultations and reviews

4 Reasons Why Big Rig Commercial Truck Accidents Are So Deadly

By David K. Wilson & Associates • 11 May, 2022

Did you know that the average fully loaded big rig commercial truck can easily weigh as much as 80,000 pounds? In comparison, the average car on the road weighs roughly 3,000 pounds. This size and weight discrepancy alone is one of the main reasons why big rig trucks are so dangerous. When an accident occurs, the occupants in the passenger vehicle often sustain a majority of the injuries, many of which are severe and sometimes even life-threatening. Unfortunately, size is not the only reason why big rig trucks are so dangerous, however. Dangerous Cargo Can Cause Deadly Big Rig Commercial Truck Accidents Big rigs, tractor-trailers, and semi-trucks often carry cargo on long journeys across the country. Failure to adequately secure this cargo before shipping can cause the big rig to lose control on the road, or become unsteady in high winds or inclement weather. In addition to unsecured loads, the cargo they carry can be hazardous. Consider what happens when an hazardous waste truck collides on a freeway or a log truck jackknifes on the Interstate. Not only is the truck a dangerous object, but the cargo it contains can spill or fly off of the truck, leading to vehicle collisions and numerous injuries. Cutting Corners Can Be Disastr ous Trucking companies have a responsibility to ensure that their trucks and big rigs are safe and reliable while on the road. This means performing regularly scheduled maintenance and taking proper safety precautions. Unfortunately, unscrupulous trucking companies may cut corners when servicing their trucks. They may delay changing tires or headlights on their vehicles in an effort to reduce their expenses and increase their profits. They may even unhook the front brakes in order to force the truck driver to only rely on the back brakes. This is done to reduce the wear and tear on the front brakes, which in turn, saves money. Not All Truck Drivers Are Properly Trained Not all truck drivers are responsible and adequately trained to drive a dangerous semi-truck on the road. Trucking companies may fail to ensure that their truck drivers are properly trained and have a clean driving record. During busy times, they may rush to place a truck driver on the road before they’re ready. This inexperience can create dangerous and deadly situations. In an emergency, an inadequately trained truck driver may not know how to guide their vehicle to safety and make poor decisions. Blind Spots Are Deadly Semi-trucks have large blind spots on both sides and in the front and back of the truck. These blind spots make it difficult for large trucks to see other cars on the road nearby. As a result, big rigs may suddenly change lanes directly in front of or into another car. They may also back up into other vehicles or run over objects in the road. Blind spots can result in serious trucking accidents. To avoid this, truckers should always visually check their blind spots before changing lanes or backing up. Injured in a Trucking Accident? If you or someone you love has been injured in a big rig commercial truck accident, it is important to speak to an experience and skilled Texas trucking accident lawyer immediately. At David K. Wilson & Associates, our attorneys have the experience and the resources needed to tackle these large and complex cases. Contact Us today for a free initial consultation and review of your case. You pay nothing unless we can win!

5 Tips for Being a Safe Pedestrian

By David K. Wilson & Associates • 11 May, 2022

The body content of your post goes here. To eDo you do a lot of walking in the Sherman, TX area? Do you enjoy walking to and from work, school, the store, the doctor’s office or the park? If so, you must do everything possible to protect yourself when being a pedestrian. If you don’t, you could put yourself in serious danger the next time you step foot on the sidewalk or the pavement. It can be difficult to recover completely from injuries suffered in a pedestrian accident, which is why you need to follow the five tips for safe pedestrian actions in today’s post. 1. Always Cross at Controlled Intersections Make it a habit to always cross at controlled intersections when walking around town. Do not jaywalk and do not cross at intersections where there is no stop sign or no traffic light. You are much safer when crossing at a controlled intersection. There is still the chance that a car could wind up hitting you but that chance is reduced at a controlled intersection. 2. Walk Close to Buildings Do your best to walk close to the buildings when on the sidewalk. Do not walk near the curb, near parked cars, or anywhere near the street unless you are crossing it. Walking near the buildings will help protect you from any vehicle that accidentally jumps the curb and heads for you. 3. Wear Bright-Colored Clothing Do you do a lot of working at night? It’s important to wear clothing that has bright colors so when vehicle headlights shine on you, or the streetlights shine on you, you will be seen by drivers. It’s difficult at night for drivers to spot pedestrians, don’t make it worse on yourself by wearing dark clothing while walking at night. 4. Avoid Using Your Phone While Walking Many people love to listen to music while walking. They also like to text, answer calls, send emails and browse social media. Don’t do any of this when walking around town. This will only wind up putting you in a bad situation. You might not notice you are at the intersection, causing you to walk right out into traffic. If you have headphones in your ears you might not hear sirens of an emergency vehicle or the horn of a car beeping at you. 5. Learn and Follow Traffic Laws You must learn and follow all of the traffic laws associated with being a pedestrian. This includes waiting to cross until the light is green, not assuming vehicles will stop for you, and avoiding jaywalking at all times. Make eye contact with the driver closest to you before stepping foot onto the street from the sidewalk. Injured in a Pedestrian Accident? Call an Attorney Today Were you injured in a pedestrian accident in Sherman, TX? Did your loved one die because of a pedestrian accident? If so, it’s time to speak with an experienced personal injury attorney about your case. Call the office of David K. Wilson & Associates, Attorneys at Law today to schedule an appointment. dit this text, click on it and delete this default text and start typing your own or paste your own from a different source.