Thursday, April 13, 2023

Contingency Fee: How Much does a Lawyer Cost?

What we do is we work on a contingency fee basis, meaning it doesn’t cost you any money upfront.

 

Contingency basis, in the context of legal representation, typically refers to an arrangement where a lawyer’s fees are dependent on the outcome or “contingent” upon the success of the case. In other words, the lawyer’s fee is contingent upon the client receiving a favorable outcome, such as a settlement or a judgment in their favor. If the client does not receive any compensation or favorable outcome, the lawyer may not charge a fee or may charge a reduced fee.

Contingency fees are commonly used in personal injury cases, where an injured person seeks compensation from a liable party for their injuries and damages. Personal injury cases are often handled on a contingency basis because the injured person may not have the financial means to pay an attorney’s fees upfront. With a contingency fee arrangement, the attorney agrees to represent the client and pursue the case without charging any upfront fees. Instead, the attorney’s fee is typically a percentage of the amount recovered from a settlement or judgment, and is paid only if the case is successful.

Contingency fee arrangements can vary depending on the attorney and the jurisdiction, but the percentage of the contingency fee is typically agreed upon in advance between the attorney and the client. It is important to carefully review and understand the terms of any contingency fee agreement, including the percentage of the fee, how costs and expenses will be handled, and what happens in the event of a loss or no recovery.

It’s worth noting that contingency fees may not cover certain expenses, such as court filing fees, expert witness fees, or other out-of-pocket costs incurred during the legal process. It’s important to clarify with your attorney what costs and expenses may be separate from the contingency fee and how they will be handled.

Contingency fee arrangements can provide access to legal representation for individuals who may not have the financial resources to pay upfront legal fees, but it’s important to carefully review and understand the terms of any contingency fee agreement, and consider seeking legal advice to fully understand your rights and obligations.

Why Do Personal Injury Attorneys Work on A Contingency Fee Agreement?

Personal injury lawyers often work on a contingency fee basis for several reasons:

  1. Access to Justice: Contingency fee arrangements provide access to legal representation for individuals who may not have the financial means to pay upfront legal fees. Many people who have suffered personal injuries due to accidents or negligence may face financial challenges, including medical expenses, lost wages, and other damages. Contingency fees allow injured individuals to pursue their legal rights and seek compensation for their injuries without having to pay an attorney’s fees out of pocket.
  2. Shared Risk: Contingency fees also share the risk between the attorney and the client. If the case is not successful, the attorney may not receive any payment for their time and effort invested in the case. This encourages personal injury lawyers to carefully evaluate and select cases they believe have merit, as their payment is contingent on the case’s outcome. It aligns the attorney’s interests with those of the client in seeking a favorable outcome.
  3. Incentive for Results: Contingency fees provide an incentive for personal injury lawyers to obtain the best possible outcome for their clients. Since their fee is tied to the amount of compensation recovered, it motivates them to work diligently and advocate aggressively on behalf of their clients to maximize the recovery. This may include negotiating with insurance companies, gathering evidence, engaging in legal research, and preparing for trial.
  4. Efficient Resolution: Contingency fee arrangements can promote efficient resolution of personal injury cases. Since the attorney’s fee is contingent upon a successful outcome, there may be an incentive to settle the case in a timely manner, rather than engaging in protracted litigation. This can benefit both the client and the attorney by potentially resolving the case faster and with less cost and uncertainty.
  5. No Upfront Costs: Contingency fee arrangements relieve the client of the burden of paying upfront legal fees. This can be particularly helpful for individuals who may not have the financial means to pay for legal representation, allowing them to pursue their legal rights without incurring immediate financial expenses.

It’s important to note that contingency fees and their specific terms may vary depending on the attorney and the jurisdiction. If you are considering hiring a personal injury lawyer on a contingency fee basis, it’s crucial to thoroughly review and understand the terms of the contingency fee agreement, including the percentage of the fee, how costs and expenses will be handled, and what happens in the event of a loss or no recovery. Consulting with an experienced personal injury attorney can help you fully understand your rights and obligations in a contingency fee arrangement.

Herrman & Herrman: Our Fee Agreement

We do all of the work, and we advance all of the expenses, and only if we recover money for you do you owe us anything. And if we don’t recover money for you, we could work fifty hours or 5,000 hours, it doesn’t matter, we just work for free. So, our interests are aligned with yours, and it’s in our best interest to get you as much money as possible because then that raises our fee too. So, anybody can afford to hire us. Most of our clients are poorer or working class people who we understand to work paycheck to paycheck, so anybody can afford to hire us.

Let Herrman & Herrman Personal Injury Lawyers Help!

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

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Wednesday, April 12, 2023

Best and Worst Cities to be a Driver in Texas

Whether you are traveling, driving to work, visiting a friend, or simply picking up fast food, some cities in Texas offer drivers a better experience than others. For most, the road itself has a major impact on a driver’s satisfaction, however, there are a number of other variables that need to be accounted for as well. The list of the 100 best and worst cities to be a driver provided by WalletHub takes a look at the average gas prices, average annual traffic delays, and rates of car theft.

Best:

  1. Sugar Land: Located in the Houston metropolitan area, Sugar Land is known for its low crime rates and well-maintained road infrastructure. The city has received recognition for its traffic safety initiatives and has been ranked as one of the safest cities in Texas.
  2. Allen: Located in the Dallas-Fort Worth metropolitan area, Allen has been recognized for its safe driving environment. The city has a well-planned road system, well-maintained streets, and comprehensive traffic safety programs.
  3. Round Rock: Located near Austin, Round Rock is known for its safe streets and low crime rates. The city has been recognized for its traffic safety initiatives, including efforts to reduce traffic congestion and improve road safety.
  4. Flower Mound: Located in the Dallas-Fort Worth metropolitan area, Flower Mound has been recognized for its safe driving environment. The city has well-maintained roads, traffic safety programs, and low crime rates.
  5. Frisco: Located in the Dallas-Fort Worth metropolitan area, Frisco is known for its well-designed road system, traffic safety initiatives, and low crime rates. The city has received recognition for its efforts to promote safe driving practices and reduce traffic accidents.

It’s important to note that driving safety can vary depending on many factors, including road conditions, weather, time of day, and individual driving behavior. It’s always best to exercise caution and follow traffic laws and regulations, regardless of the city or location. If you are concerned about driving safety in a particular area, it’s a good idea to research local traffic laws, road conditions, and crime rates, and to stay updated on current driving safety practices and initiatives. Additionally, practicing safe driving habits such as obeying speed limits, wearing seat belts, avoiding distracted driving, and never driving under the influence of alcohol or drugs can help improve overall driving safety regardless of the location.

Worst:

Some cities in Texas are known to have higher traffic congestion, poorly maintained roads, or other driving challenges, which may make them relatively more difficult or less pleasant for driving compared to other areas. It’s important to note that driving experiences and perceptions of “worst” cities to drive in can vary depending on individual preferences, road conditions, time of day, weather, and other factors.

Here are a few cities in Texas that are sometimes noted for their traffic congestion or other driving challenges:

  1. Houston: As one of the largest cities in the United States, Houston is known for its significant traffic congestion during peak hours. The city has a large population, extensive road networks, and ongoing construction projects, which can contribute to traffic delays and challenges for drivers.
  2. Dallas: Another major city in Texas, Dallas is also known for its traffic congestion during peak hours. The city has a dense population, extensive highways, and ongoing construction projects, which can lead to traffic challenges and delays for drivers.
  3. Austin: While known for its vibrant culture and music scene, Austin has also experienced significant population growth in recent years, resulting in increased traffic congestion in some areas. The city has been working on transportation initiatives to address traffic challenges, but it may still present difficulties for drivers during peak hours.
  4. San Antonio: While generally considered less congested compared to cities like Houston, Dallas, or Austin, San Antonio can still have traffic congestion in some areas, particularly during peak hours or in heavily traveled tourist areas.

It’s important to note that driving experiences can vary depending on the time of day, weather, road conditions, and other factors. It’s always best to exercise caution, follow traffic laws and regulations, and be prepared for potential driving challenges when driving in any city or location. Planning your routes in advance, allowing for extra travel time during peak hours, and staying updated on local traffic conditions can also help make your driving experience smoother and safer.

Contact Herrman & Herrman If You’ve Been Injured In A Car Accident in Texas

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

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Should I Handle My Case with the Insurance Company Directly?

Handling a personal injury case yourself, also known as self-representation or representing yourself “pro se,” is possible, but it can be challenging. Personal injury cases can be complex and involve legal procedures, rules, and deadlines that can be difficult to navigate without legal knowledge and experience. Here are some factors to consider when deciding whether to handle your personal injury case yourself:
  • Legal Knowledge: Personal injury laws can vary by jurisdiction and can be complex. If you do not have a solid understanding of the legal principles and procedures involved in personal injury cases, you may find it challenging to represent yourself effectively.
  • Case Complexity: The complexity of your personal injury case is another important consideration. If your case involves complex legal or factual issues, multiple parties, or significant damages, it may be more difficult to handle on your own.
  • Time and Effort: Representing yourself in a personal injury case requires a significant investment of time and effort. You will need to research and understand relevant laws, gather evidence, draft legal documents, and navigate court procedures, which can be time-consuming and overwhelming.
  • Risk of Mistakes: Without legal training and experience, you may be more prone to making mistakes that could jeopardize your case. Legal mistakes can have serious consequences, including the loss of your legal rights or the potential for financial liability.
  • Settlement Negotiations: Personal injury cases often involve settlement negotiations with insurance companies or opposing parties. Negotiating fair compensation for your injuries and damages can be complex and challenging, and having legal representation can be beneficial in achieving a favorable outcome.
  • Courtroom Experience: If your personal injury case goes to trial, you may need to represent yourself in court, which can be intimidating and complex. Courtroom procedures, rules of evidence, and legal arguments require experience and knowledge to effectively present your case.
  • While it is possible to handle a personal injury case on your own, it is generally recommended to seek legal advice from an experienced personal injury attorney. An attorney can provide you with legal expertise, represent your interests, and help you navigate the complexities of the legal system to maximize your chances of obtaining fair compensation for your injuries and damages.You can try, but our general experience is that anybody who tries to handle their case with the insurance company never comes out ahead on that. Their job is to minimize your climb and to pay you as little of an amount as possible, so they will use everything they can use against you.

Just remember, that’s how they’re being paid, that’s what they’re paid to do, that’s their job, to pay out as little as possible. They’re probably going to get a bonus at the end of the year based on how little the money they can pay out. So generally it’s not a good idea to try to handle your own client.

General Steps to File Your Own Personal Injury Case in Texas

Please note that filing a personal injury case can be complex, and the specific steps and requirements may vary depending on your jurisdiction and the nature of your case. It is highly recommended to seek legal advice from an experienced personal injury attorney before proceeding with filing a case on your own. However, here are some general steps that may be involved in filing a personal injury case yourself:

  • Assess the Validity of Your Claim: Determine whether you have a valid personal injury claim. Personal injury claims typically arise when you have suffered harm or damages due to the negligence or wrongful conduct of another party. Evaluate the facts and circumstances of your case to determine if you have a legal basis for a personal injury claim.
  • Research Applicable Laws: Research and understand the laws governing personal injury cases in your jurisdiction. This may include statutes, regulations, and case law that determine the legal requirements, procedures, and deadlines for filing a personal injury claim.
  • Gather Evidence: Collect evidence to support your personal injury claim. This may include medical records, accident reports, photographs, witness statements, and other relevant documentation that establishes the facts and circumstances of your case and supports your claim for damages.
  • Prepare Legal Documents: Draft and prepare the necessary legal documents to initiate your personal injury case. This may include a complaint or petition that sets forth the details of your claim, identifies the parties involved, and outlines the relief you are seeking.
  • File the Case: File your personal injury case with the appropriate court or administrative agency. This may involve paying filing fees, serving copies of your legal documents on the opposing party, and complying with any procedural requirements of the court or agency.
  • Follow Court Procedures: Familiarize yourself with the court procedures and rules that apply to your personal injury case. This may include attending hearings, responding to motions, and complying with deadlines and procedural requirements.
  • Engage in Settlement Negotiations: Personal injury cases often involve settlement negotiations with insurance companies or opposing parties. Engage in good-faith settlement negotiations to try to resolve your case before trial. Be sure to carefully review any settlement offers and understand the implications before accepting or rejecting them.
  • Attend Trial (if applicable): If your personal injury case proceeds to trial, you may need to represent yourself in court. Prepare for trial by organizing your evidence, preparing witnesses, and presenting your case in accordance with court rules and procedures.

Again, it is important to note that handling a personal injury case on your own can be complex and challenging. It is highly recommended to seek legal advice from an experienced personal injury attorney to ensure that your rights are protected and that you have the best possible chance of obtaining fair compensation for your injuries and damages.

Let Herrman & Herrman Personal Injury Lawyers Help!

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

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Thursday, March 23, 2023

My Child Was In An Accident – Now What?

There are, unfortunately, many times when a minor is injured in an accident.  As minors cannot typically represent their own interests, it is oftentimes up to the parents or legal guardians to bring a claim or a lawsuit on their behalf.

When a minor child is involved in a car accident, the situation can be complex and may involve legal and financial considerations. Here are some of the things that may happen:

  1. Medical attention: The child may need medical attention immediately following the accident. Emergency services should be called if necessary.
  2. Legal considerations: Depending on the circumstances of the accident, there may be legal considerations to take into account. For example, if the accident was caused by the negligence of another driver, the child and their family may be able to file a personal injury claim.
  3. Insurance coverage: Insurance coverage can be complicated when a minor is involved in an accident. If the child was a passenger in a vehicle, the insurance of the driver of the vehicle they were in may cover any injuries sustained by the child. If the child was a pedestrian or on a bicycle, their own family’s car insurance or homeowner’s insurance may provide coverage.
  4. Custody issues: If the parents of the child are separated or divorced, custody issues may need to be addressed. For example, if one parent was not present at the time of the accident, they may need to be informed and involved in any decisions regarding the child’s medical care or legal matters.
  5. Emotional support: A car accident can be a traumatic experience for anyone, but it can be especially difficult for a child. It’s important for the child to receive emotional support and care during and after the accident.

Overall, the specific circumstances of the accident will determine what happens when a minor child is involved. It’s important to seek legal advice and consult with insurance providers as necessary.

What is a Friendly Suit?

Once there has been a settlement or judgment, if it is a sizable amount, the party paying the settlement or judgment may require what is called a “friendly suit” before they disburse the money to the minor child.

A friendly suit, also known as a friendly action or friendly litigation, is a legal term used to describe a lawsuit that is filed by parties who are in agreement or who have no adversarial issues between them.

In a friendly suit, the parties involved seek to have a court make a decision on a particular legal issue, typically with the goal of clarifying or validating the parties’ rights or obligations. The parties involved in a friendly suit may include individuals, businesses, government entities, or other organizations.

Examples of situations where a friendly suit may be used include cases where parties want to settle a dispute outside of court but need a court order to do so, or where parties want to ensure that a particular course of action is legal or valid before proceeding.

Overall, friendly suits are an important tool for resolving legal disputes in a peaceful and cooperative manner, as they can help to avoid costly and adversarial court battles.

More Information About Friendly Suits

A friendly suit requires the person making the claim to bring suit against the adverse party in an accident.  The parties then let the court know that the case has settled.  The court will appoint an attorney, known as a guardian ad litem, to represent the interests of the minor child.  Essentially, this person’s job is to make sure that the settlement is fair to the minor and that all the money is being disbursed to the appropriate parties for the appropriate amounts.  If the guardian ad litem is satisfied with the settlement, then the parties can determine what the best approach is for the minor to receive the settlement funds.

Many clients feel like this is a process that is overly complicated.  It is in place to ensure that minors receive the settlement money that they have a right to due to any injuries they may have incurred.  For example, if a minor is permanently disabled and has a sizable settlement, it is not in the minor’s best interest for anyone else to have access to the money without court intervention.  This ensures that they will have money available to them for the foreseeable future in order to cover any future medical care they may need.

Another example would be if the minor’s parents are divorced.  We do not want a system in which the parent that brings the claim on behalf of the child receives a monetary reward while the other doesn’t; this would cause unnecessary court battles and stress amongst families.  The system in place ensures that the money is the minor child’s and for their benefit alone, either to see to their medical needs or to be given to them once they become an adult.

Though friendly suits may seem unnecessary, they are in place to protect those children who may not be able to speak for themselves.  They ensure that money awarded for injuries and pain and suffering goes to the party that deserves it.

It is always helpful to have experienced legal counsel to guide you through this process.  This is to help ensure that all of the appropriate steps are taken to ensure the best outcome for the child.  If you have dealt with an injury to a minor, please feel free to call Herrman & Herrman, P.L.L.C. for a free case consultation today.

ABOUT HERRMAN & HERRMAN P.L.L.C.

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

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DON’T BE A FOOL! GET THIS MOTORCYCLE SAFETY GEAR

BIKE ACCIDENT LAWYERS MOTORCYCLE SAFETY GEAR LIST

Our bike accident lawyers understand, as a motorcycle rider, you want to look cool and stylish. But nothing looks cooler than staying safe on the road! That’s why always wearing safety gear when riding a motorcycle is essential. Plus, the safety gear looks cool too. Invest in some quality safety gear today so that you can ride with confidence tomorrow.

FULL FACE HELMET

Arguably the most critical safety gear for motorcycle riders, helmets protect your face and brain if you ever are in a crash. Only some states have a mandatory helmet law, but legality is not the most crucial reason for wearing a motorcycle helmet. In an accident, your head is especially vulnerable to life-threatening injuries. A helmet can be the difference between life and death in an accident, so you must take it seriously. We recommend a full-face helmet to protect your face along with your head, keep bugs out of your eyes, and, as a bonus, make it easy to wear Bluetooth headphones. Also, a full-face helmet looks cooler and adds mystery to your appearance.

JACKET & PANTS OR SUIT

Motorcycle jackets, pants, and suits are not just fashion statements but necessities. These pieces offer protection from the elements and road debris and provide riders with added safety in an accident. Motorcycle jackets are protective yet lightweight, allowing for maximum flexibility and comfort on the bike. Most motorcycle jackets and pants are abrasion-resistant and constructed with armor for additional impact protection in the event of a crash. Motorcycle suits offer similar protection as jackets and pants but are arguably more waterproof. With the number of dangers on the road, riders should always prioritize the highest quality motorcycle gear to ensure their safety. Quality jackets, pants, and suits can make all the difference in keeping a person safe and providing a rider with peace of mind.

BOOTS

Motorcycle boots not only look cool, but they also provide traction and protection for the bones in your feet in a crash. Unfortunately, there are tons of stories of riders getting into accidents and their regular sneakers flying off their feet, leaving their feet extremely vulnerable to severe injuries. When choosing a motorcycle boot, getting something durable and offering over-the-ankle protection is vital.

GLOVES

As with every other item on this list, gloves are crucial to protecting yourself in the event of an accident. While they look cool, they will likely be the first thing you use to catch yourself if you fall off your bike. Without gloves, you will probably break bones, lose skin, and lose some fingers.

motorcycle accident lawyers

DO YOU NEED A BIKE ACCIDENT LAWYERS?

If you are in a motorcycle accident that results in a personal injury- no matter the severity—and you are not at fault, you may be eligible for compensation. If this may be your case, you should consult with a personal injury attorney with experience in motorcycle accidents so that you can better your chances of a payout in court.

OUR BIKE ACCIDENT LAWYERS CAN HELP YOU

If a motorcyclist is injured in an accident due to the negligence of another driver, the motorcyclist can recover compensation for losses that result through a personal injury lawsuit. Compensable losses include property loss, medical expenses, lost wages, loss of future earning capacity, and pain and suffering.

Furthermore, if a loved one was killed in a motorcycle accident, family members may be able to recover damages in a wrongful death lawsuit. If you are a loved one was injured in a motorcycle accident, do not hesitate to contact a Texas motorcycle accident attorney at Herrman & Herrman, P.L.L.C., who will review the facts of your case and represent you through this difficult period.

CONTACT OUR BIKE ACCIDENT LAWYERS

For more information or to schedule an appointment with an experienced Texas lawyer regarding a motorcycle accident injury or death, please contact us first!

Our firm has offices in the following locations: Corpus Christi, Corpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth , TX.

Follow us on social media for more events, blogs, and giveaways!

While you are here, read some of our other blogs!

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Wednesday, March 22, 2023

How You Can Help Prevent a Truck Accident

Vehicular accidents happen all the time, and most of us have been near vehicles that are driving erratically at some point in time. When that vehicle is a large tractor-trailer, however, any worries we might feel about the situation are increased exponentially. Large truck accidents can be extremely destructive, both in terms of property damage and injuries or death. So, what do you do when you’re driving along and you notice a truck driver swerving in and out of his lane or nodding off in his cab? How can you help prevent a truck accident if you suspect that trucker might be too tired to drive? Is there anything you can do to remedy the situation? 

Preventing accidents involving big trucks requires a combination of factors, including proper maintenance, driver training, and following safety guidelines. Here are some tips to prevent accidents with big trucks:

  1. Stay visible: Big trucks have large blind spots, so make sure you stay visible to the driver. Avoid driving in the “no-zone,” which is the area directly behind and beside the truck.
  2. Avoid sudden movements: Trucks require a longer stopping distance than smaller vehicles, so avoid sudden lane changes or stops in front of them.
  3. Keep a safe distance: Maintain a safe following distance between your vehicle and the truck. This gives you enough time to react if the truck makes a sudden stop or turn.
  4. Be patient: Trucks may take longer to accelerate or merge, so be patient and give them plenty of room.
  5. Obey traffic laws: Follow traffic laws and signals, and avoid distractions while driving. This helps to ensure that you are alert and able to react quickly to any potential hazards.
  6. Keep your vehicle maintained: Regularly check your vehicle’s brakes, tires, and other systems to make sure they are in good working condition. This helps to prevent accidents caused by mechanical failure.
  7. Practice defensive driving: Always be alert and anticipate potential hazards on the road. Defensive driving techniques can help you to avoid accidents even when other drivers make mistakes.

By following these tips, you can help to prevent accidents with big trucks and keep yourself and others safe on the road.

How Bad Could It Be?

However, according to the National Highway Traffic Safety Administration (NHTSA), in 2020 there were 4,951 fatalities and 96,000 people injured in crashes involving large trucks in the United States.

Many people have an image in their minds of a truck driver lifestyle that involves sleepless nights as drivers traverse the country with the nation’s goods and services. Decades ago, it was common for drivers to drive without breaks for extended periods of time, racing to make deadlines or squeeze as much money out of every trip as possible. In recent years, however, lawmakers have taken action to limit driving times as part of a comprehensive effort to reduce driver fatigue and improve public safety.

large-truck-accidents-statistics

The National Highway Traffic Safety Administration reported a few years ago that there were more than 300,000 large truck accidents in 2012. Those crashes contributed to more than 100,000 injuries and nearly 4,000 deaths – with three out of every four of those deaths being suffered by people in other cars involved in the accidents. That rash of accidents, injuries and deaths was part of a longstanding trend that prompted legislative and regulatory action to increase safety.

The problem society faces, however, is that it can be difficult to properly assess fatigue as a contributing factor in any accident. As the Federal Motor Carrier Safety Administration (FMCSA) has noted, government studies on the topic are not conclusive since the only way to gauge fatigue in the aftermath of an accident is to ask the driver – and many truck drivers are reluctant to admit to driving while fatigued. 

How Have Officials Reacted to the Crisis?

New rules went into effect back in 2013, limiting truck drivers’ work weeks to no more than seventy hours in any seven-day period. Those rules only impacted about 15% of all drivers, however. That rulemaking was nothing new since the government has been attempting to create safe driving standards for truckers since the first Hours of Service rules were enforced by the now-defunct Interstate Commerce Commissions back in 1938. Those rules limited driving to 12 hours of any work during each 15-hour period, and no more than 60 hours in 7 days or 70 hours over any 8-day period.

adjustment-to-hours-quoteOver the course of the following decades, lawmakers and regulators have worked together to adjust those rules. This year has been no different, as adjustments to hours were once again considered – along with new training requirements designed to ensure that only the best drivers are on the road. There have even been new laws put into effect to change the way that drivers log their hours – using electronic devices that are expected to prevent dozens of deaths and hundreds of injuries each year. Many of these changes have been welcomed by the carrier industry. Some have been criticized for their cost. The Federal Motor Carrier Safety Administration estimates that the proposed training requirements would cost $5.6 billion over the course of the next decade. 

The Problem Needs Solutions

Though the solutions that have thus far been proposed or enacted are costly, it is reasonable to argue that the cost is worth the lives saved. After all, there are few things more frightening than being in a vehicle on the open highway, and suddenly coming into close proximity with a large truck operated by a fatigued driver. And that, of course, brings us back to our initial question: is there anything you can do to help prevent that driver from causing an accident?

As it turns out, there are some specific things you can do to help:

no1Do not honk your horn, or try to get the driver’s attention by moving in close to the truck. If that driver is nodding off and is alarmed by the sudden noise, he or she could react recklessly, putting you in danger.

no2Without endangering yourself or your passengers, get close enough to locate identifying information on the side or back of the truck. Some companies have phone numbers and other details on the exterior of the trailer, while others have company details on the side of the cab. Get the license plate number, company name, phone number if available, and other details.

no3Take notice of any visible mile markers, exit signs, or other location details so that you can identify the location of the driver.

no4Remove yourself from danger. Once you have your identifying information, put some distance between yourself and the truck. The last thing you need to do is put yourself in harm’s way.

no5Call the police or state troopers in your area. Provide them with your approximate location, and the descriptive identifying information you gathered about the truck. With that information, the authorities can develop a plan to deal with the situation.

The good news is that drivers in Texas can band together to watch out for one another on the road. Truck drivers have grueling jobs with stringent time constraints and tight margins and schedules that they are working to meet. Many push themselves beyond their limits to get the goods and services that we need delivered to our areas. That dedication, however, can place lives at risk when rest is ignored to meet deadlines. You can help to prevent that by remaining alert and taking sensible action when you see potential trouble. Of course, if you or a loved one are involved in an accident that results in damages, don’t hesitate to contact an experienced Texas personal injury attorney to protect your interests.

About Herrman & Herrman Personal Injury Lawyers

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

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Monday, February 27, 2023

Important Women in Motorcycle History

Bike Accident Attorneys

Our bike accident attorneys are excited to celebrate Women’s History Month by sharing some iconic women in motorcycle history! Women have been part of the motorcycling world since its invention. While they might not feature in the history books as much as their male counterparts, women have significantly contributed to the rise of motorcycling and are still a major force today.

In recent years, women have continued to break new ground. In the United States, female riders have been an integral part of the American Motorcyclist Association (AMA) since its inception. Women have also formed their own organizations, such as Ladies of Harley and Women in the Wind, which provide support and ride programs for female motorcyclists.

Today, women motorcyclists can be found worldwide, from beginner riders to professional racers. They are tackling every type of riding imaginable – from motocross to touring, street riding to endurance racing – proving that gender does not define what is possible on two wheels. There is nothing stopping a woman from achieving her dream of becoming a motorcycle enthusiast or taking on any adventure she pleases. Here are a few women who made history on their motorcycles. 

Avis and Effie Hotchkiss

Effie Hotchkiss first learned to ride motorcycles at the age of only 16. In 1915, she got her first Harley-Davidson, a model 11-F with a sidecar. The Harley-Davidson Model 11-F was the first to feature a 3-speed gearbox. Effie made it her goal to become the first woman to travel across the United States, from Brooklyn, New York, to San Francisco on a motorcycle. On May 2, 1915, she began her journey across the United States with her mother, Avis, in the sidecar. It took them two months to reach San Francisco, California. After reaching the Pacific Ocean at Ocean Beach, the two women were photographed pouring out a jar of Atlantic seawater into the Pacific Ocean. Their successful journey made Effie and Avis the first transcontinental female motorcyclists. 

Susan Lang

In 1915, Mrs. Susan Lang broke a record for the longest-distance solo motorcycle trip. She even brought her three kids in the sidecar! Susan Lang is also recognized as one of the most accomplished motorcycle mechanics in the US, both male and female. 

Valerie Thompson

Valerie Thompson is the fastest female motorcycle racer in the world and a ten-time land speed record holder with membership in the Sturgis Motorcycle Hall of Fame. She is a member of eight 200 MPH clubs and one 300(!) MPH club. Valerie is the designated rider for the famous BUB 7 motorcycle streamliner. This American-built streamliner has held the motorcycle land-speed record twice from 2006-2008 and again from 2009-2010. 

Dorothy “Dot” Robinson

Dorothy “Dot” Robinson established one of the first women’s first motorcycle groups, Motorcycle Maids, which still exists today. She was the president for 25 years. She was also known as an impressive racer, earning her first victory in a 100-mile endurance run with a perfect score. She also took second place in a very challenging two-day “Jack Pine” enduro in 1937, a race where less than half the racers even finished. She later went on to win the Jack Pine in 1940. She is estimated to have ridden her motorcycles more than 1.5 million miles in her lifetime. She is often called “The First Lady of Motorcycling,” thanks to the efforts she put into motorcycling. She was inducted into the American Motorcycle Association Hall of Fame in 1998. 

motorcycle accident lawyers

DO YOU NEED A BIKE ACCIDENT ATTORNEYS?

If you are in a motorcycle accident that results in a personal injury- no matter the severity—and you are not at fault, you may be eligible for compensation. If this may be your case, you should consult with a personal injury attorney with experience in motorcycle accidents so that you can better your chances of a payout in court.

OUR BIKE ACCIDENT ATTORNEYS CAN HELP YOU

If a motorcyclist is injured in an accident due to the negligence of another driver, the motorcyclist can recover compensation for losses that result through a personal injury lawsuit. Compensable losses include property loss, medical expenses, lost wages, loss of future earning capacity, and pain and suffering.

Furthermore, if a loved one was killed in a motorcycle accident, family members may be able to recover damages in a wrongful death lawsuit. If you are a loved one was injured in a motorcycle accident, do not hesitate to contact a Texas motorcycle accident attorney at Herrman & Herrman, P.L.L.C., who will review the facts of your case and represent you through this difficult period.

CONTACT OUR ATTORNEYS

For more information or to schedule an appointment with an experienced Texas lawyer regarding a motorcycle accident injury or death, please contact us first!

Our firm has offices in the following locations: Corpus Christi, Corpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth , TX.

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