If you want to understand Texas dog bite law, it starts with the story of a charging hog. The incident occurred in Van Zandt County, between neighboring hog farmers, Paul Marshall and John Ranne.

Marshall had been dealing with a dangerous boar hog that kept escaping from Ranne’s farm. The boar ran after his wife several times, per his statements. It had kept him stuck inside his outhouse a few times too.

This threatening behavior from the hog had been occurring for 7 to 10 days when the incident occurred that generated the lawsuit. Paul had just unloaded a few barrels of bread from his truck to feed his own hogs and entered the house to change his clothes. Then he looked outside for the dangerous boar and headed from the house to his truck. Marshall was about 30 feet away from the pickup when he heard a sound behind him and turned to see the hog running straight at him. As the boar charged, Marshall put out his hand in defense. The hog bit his hand.

Treatment and other damages amounted to $4146. But Marshall did not collect when this case was decided by the Texas Supreme Court in Marshall v. Ranne. The court found that Paul was negligent in not putting up a fence to stop the hog. They also determined it was negligent for him not to have shot it, since he did have a gun. In this manner, Paul was found to have accepted the attack risk voluntarily.

That key case shows the victim of an animal attack cannot collect if they are found to be negligent. However, victims often win cases by establishing owner negligence.

Let’s look at a few frequently asked questions on the topic. After that, we review civil and criminal liability – both ways the defendant may be at fault. Finally, we discuss the two ways a dog owner might be able to defend themselves against your claim.

What is the Texas one bite rule?

Anyone who has been bitten by an animal may file a personal injury claim in Texas. They must be able to demonstrate the dog had a history of aggression and that the owner did not make a reasonable effort to stop the bite from happening. These parameters make Texas a one bite rule or negligence state. Keep in mind, this rule does not imply that a dog gets a “free” bite.

What is the Texas dog bite statute?

Often people want to look at the law related to their case within the Texas Statutes; however, civil liability related to dog bites is not covered in them. (Criminal liability is in the statutes though; see below.) Rather than the statutes, the animal bite law here is determined through the Restatement of Torts, Section 509. This decision was made in the 1974 Marshall v. Ranne decision from the Texas Supreme Court.

What is the dog bite statute of limitations?

While civil liability is not covered in the statutes, that should not be confused with the statute of limitations. As decided in a Texas civil court, you have a maximum of two years following an attack in order to file a claim.

Is it dog bite law or hog bite law?

Dog bites occur so commonly that the legal guidelines related to vicious animals are often called dog bite law. However, the incident that occurred on the hog farm more than four decade ago reminds us that any animal bite is treated the same way in Texas.

Does it have to be a bite?

Personal injury cases related to animals do not need to involve biting in order to be valid. A person who is injured when a dog knocks them to the ground can file a suit using the same negligence standard.

Civil and criminal liability

The worst-case scenario for the dog owner stems from criminal liability, as indicated in Texas Health and Safety Code section 822.005. Someone may know their dog is dangerous and fail to take reasonable actions to control it. While they may not feel they are being criminal by allowing their animal to move around freely despite its temperament, they can be charged with a felony if it kills or badly injures someone.

Civil liability is a financial rather than a criminal issue. In order to win a civil case, a person who is bitten by a dog must typically demonstrate that the owner did not prevent the attack through reasonable care. While the “one bite rule” or negligence standard applies to most cases, it will be much easier to collect if the dog is understood to be aggressive or vicious. This form of liability in a civil case is called strict liability. You do not have to prove negligence by the owner if you can establish that they knew the dog was vicious.

The defendant’s (dog owner’s) case

The two legitimate defenses for a dog bite in Texas are trespassing and lack of knowledge. The first scenario is rather obvious: the dog’s victim cannot recover damages if they are unlawfully on the owner’s land. In the second scenario, much more common, the defendant attempts to prove they did not know the dog was dangerous.

Your Texas dog bite lawsuit

Have you been bitten by a dog or otherwise attacked by someone’s animal in Texas? At Farrah Martinez Law Firm, we can prove your dog bite case by showing negligence led to the attack. See our six-step process.

Wrongful death is discussed within Texas Statutes Section 71.001. That law instructs that people can be reimbursed for actual damages related to an injury that leads to a person’s death. The state may hold liable parties responsible for various reasons. A key one is that the injury was due to the “neglect, carelessness, unskillfulness, or default” of the person or anyone acting on their behalf.

What can be recovered in a Texas wrongful death suit?

When people suffer losses because of an unexpected death, those surviving relatives have the right to compensation. Losses that you can seek to regain through a civil action include:

  • Lost income
  • Lost inheritance, partially made up of the money that the deceased individual would have accrued and passed on to relatives if their lifespan had been normal
  • Emotional and mental suffering
  • Lost guidance, care, and support that the deceased would have given to family members
  • Lost comfort, companionship, and love.

When a lawsuit awards damages, the court determines proportionally how various surviving relatives have suffered and experienced damage. Compensation is then divided based on that degree of loss.

When do exemplary damages apply to Texas wrongful death?

The state sometimes uses exemplary damages, often called punitive damages in jurisdictions outside of Texas, to punish the person believed responsible. In other words, their purpose is not simply to compensate the family. These damages can sometimes be paid in Texas wrongful death lawsuits – whenever it is determined there is gross negligence, or a willful act or omission.

Who can file Texas wrongful death lawsuits?

The surviving children, spouse, or parents of a person in Texas believed to have been the victim of wrongful death can file a lawsuit. Various of these relatives may file a lawsuit either together or through individual claims.

The executor of the estate can file a claim if the surviving family members listed above do not do so within 90 days following death. However, it is possible for a surviving family member to veto the ability of the executor to make the claim.

The adult son or daughter of a person can file a wrongful death suit in Texas.

An adult who is completely and legally adopted by an individual can file a wrongful death claim related to that person. The same applies in the reverse: if an adoptive child dies prematurely, the adoptive parent may file a wrongful death lawsuit.

Notably, though, adoption cancels out any wrongful death claim a person might have on their biological parents. Again, the same is true vice-versa for biological parents related to children no longer under their guardianship.

Also, siblings do not (unfortunately for them) have any ability to file wrongful death lawsuits in Texas.

What are the time limits for wrongful death claims?

These lawsuits have a statute of limitations of two years. However, the executor may file a claim on behalf of the estate 90 days following the date of death if no objection is made.

Filing process for a wrongful death lawsuit

The only people who can file a lawsuit are the surviving relatives or a personal representative. Monetary loss is the sole way liability is determined. Both of those are different from a criminal case. In criminal cases, the prosecuting attorney files the charges; the result is jail times, fines, probation, or other punishments. The filing of criminal charges in Texas may be followed by a wrongful death claim.

What makes up a wrongful death lawsuit?

These elements have to exist in order to file a suit:

  • A person has to have died.
  • The death must be caused by the malicious intent or negligence of another individual.
  • There must be a representative assigned to the estate of the deceased.
  • There must be family members to whom the death causes financial harm.

When does a wrongful death lawsuit apply?

Wrongful death is essentially a personal injury case for an individual who was killed due to willful intent or neglect of another person. Example scenarios of wrongful death are:

  • Negligence in the case of a car accident death – When a person dies from injuries suffered in a car accident, family members can file a claim.
  • Medical malpractice death – If a death occurs because a doctor was careless or did not correctly diagnose a condition, surviving family members can sue.
  • Intentional killing – Family members can file a suit against suspected murderers, whether they are convicted for the crime or not.

Your legal partner

If you believe that you have a wrongful death claim, it is critical to act quickly given the deadlines built into Texas law. At Farrah Martinez Law Firm, we guarantee effective and aggressive representation for you and your loved ones. No fee, unless we win.

18-wheeler crash victims often feel stunned and overwhelmed, resulting in them making mistakes. It helps to consider ahead of time what you want to do and avoid doing if you end up in a truck crash and have to take immediate next steps.

Those steps are essentially five: call 911, get medical care, take photographs, contact your insurance carrier, and contact an attorney. It is actually quite smart to contact an attorney as soon as you have contacted the police and prior to contacting your insurance provider – to get advice before speaking directly with them or the police; either way, those are the key steps.

Drivers of 18-wheelers are held to higher standards than are typical drivers, so the law is generally on your side in these situations. While it is sad how many people do not take the correct actions following accidents and end up potentially defrauded, looking at their oversights reveals what to do to get it right:

1.) Not making the situation immediately safer

The first thing you want to do is get the car to the side of the road and put on your hazards. You need to call the police right away if there is damage to either car or if someone is injured. You should each have the other’s insurance information. Even if you think that you caused an 18-wheeler accident, it is smart to phone 911 so that everything is recorded. Sometimes people do not want to phone the police, but it is important because you need that document of the incident that the police report provides. Police can also make the situation safer if there is a threat of violence from another driver.

2.) Neglecting to take pictures

You need visual evidence of what happened, again so that you have a full record of the situation to back up any claims you may make later. Take many photographs. You want to have full documentation about everything related to the crash, so not just the outside but inside of the vehicles, as possible. You also want to get pictures of all the people involved in the truck collision. Get pictures of drivers, passengers, and bystanders. The photos are evidence of the people you say were there, the road conditions, and other specifics. You can keep a disposable camera in your glove compartment for accident preparedness if you do not have a smartphone. Just be sure to get one that has flash.

3.) Failing to gather sufficient information

Collect as much information as you can so that you are not completely reliant on the police report. The top piece of information that you want is the name, driver license number, phone number, and address of drivers. Make sure you get insurance details for all drivers involved in a semi-truck crash. Ask the other driver if you can see the card. Write down the name on it exactly as it is printed, as well as the policy number and the carrier name. Get contact information for passengers too. You also want to be able to follow up with the police as necessary – so jot down the name and number of the officer who is filing the report. Also record the report’s case number if it is available.

4.) Talking with the other driver about the accident

The first priority following a crash is ensuring everyone is safe. The second priority is avoiding financial fault for an 18-wheeler crash. The facts are the facts. However, you should not assume responsibility. The other person could be driving without a license, or they could be on drugs or alcohol, or you could be unaware of the state’s laws. For those reasons and others, full information is needed in order to objectively determine fault.

5.) Talking about injuries, or lack thereof

Talking about injuries is also not a good idea. For instance, someone might ask if you are hurt, and you might feel at the time that you are not. The problem is if you say that you are OK, the other person can use that against you later if a problem arises.

6.) Failing to check for witnesses

If you can validate your perspective through the eyes of another person, your long-haul truck accident case is much stronger. Be sure to get names and numbers of eyewitnesses.

7.) Signing a document

You also do not want to sign any documents except for anything that might be required by the police.

8.) Not accepting medical attention

Related to the fifth point above, you want to be very careful about this issue of whether you are reporting yourself as “OK” following the accident. Many injuries do not surface until days or even weeks after an 18-wheeler crash. For example, post-traumatic headaches can arise, and treatment can be long-term. Accept medical attention, and do not report to anyone at the scene of the accident that you are all right.

18-wheeler crash expertise

Are you concerned about how to respond to a truck accident, or have you recently experienced one? At Farrah Martinez Law Firm, we seek maximum compensation for clients who have been injured in 18-wheeler or truck accidents on the road or at work. Don’t wait another minute.

While more than half of car accident incidents over the New Year are alcohol-related, it still is only the third most dangerous holiday for driving in the United States.

The holiday season is known for being a time that families gather and people refocus themselves on their goals through resolutions about their health habits or other aspects of life. However, it is not just a time of celebration and hope but a time of pain and loss. We know that about the New Year holiday, that the roads get dangerous as night falls. But Christmas is dangerous too.

While these holidays are challenging, there are other holidays, days, and months that carry higher driving risk too. Before we look at those days that are problematic throughout the country, it is worth first looking at our area. Unfortunately, we assume heightened risk than others throughout the country when we hit the Houston roads.

Houston the #1 metro area for traffic deaths

First, it is important to consider the issue of driving safety locally. The specific issues with Houston roadways suggest that drivers should be more vigilant than is typical throughout the year – simply accounting for the perils that are, sadly, unique to our city.

The Houston Chronicle studied sixteen years of data on accident deaths. The newspaper found that the Houston roads were deadlier than those of any other metro area. The federal highway data studied by the Chronicle came from 2001 through 2016. The reporters found that the Houston metro logs 2850 major car crash injuries annually, along with 640 deaths. Houston is the deadliest for car drivers and passengers, as well as pedestrians, found the study.

In this environment, it is critically important to drive defensively and otherwise exercise caution.

Fridays

While more car accidents occur at certain times (such as New Year’s) because of people’s intoxication, the chance of a car accident also rises when people are finishing up a typical week. Assumedly overeager for the weekend, the greatest time for aggressive driving — in which there are greater instances of rapid acceleration and hard braking — is 9 a.m. to 4 p.m. on Fridays, per an analysis by Nationwide. 

August

Some holidays are particularly dangerous, but the most unsafe driving month is actually August, according to the same study. The insurer found that there were more people killed in August crashes from 2012 through 2016 than in any other month during that period. August 2016 was the worst month of all for total crashes, with 60,976 of them reported.

Memorial Day

To start looking at the holidays, the one that is associated with the  sixth-highest traffic fatalities is Memorial Day which makes sense since it is thought of by many as the end of a three-day party that kicks off the summer. Memorial Day itself is the day that involves the most drinking as well as travel home, so it is unsurprising that a study of holiday roadway deaths (Arnold and Cerrelli) found there were 32% more car accident deaths on Monday than the prior three days.

Labor Day

The fifth-highest number of roadway deaths occur on Labor Day. This holiday has much in common with Memorial Day – serving as a cap to the end of summer with three-day trips. The roads can get congested, and people can end up becoming frustrated and making bad decisions.

Christmas

Many people are off work Christmas Day, and many do not work all of Christmas Eve. People rush around to make final gift purchases and head to the homes of family. In this climate, traffic accidents increase from the afternoon of December 24th to the evening of December 25th.

Plus, alcohol is often involved. According to 2001-2005 data from the NHTSA, 36% of car accidents on a typical day involved drunk driving. However, on Christmas Eve and Christmas Day, the percentage rose to 45 percent. This alcohol use is a primary reason Christmas is the fourth-most-dangerous holiday.

Note that when Christmas falls on a weekend, it is a safer time to drive than when it falls during the week.

New Year’s

Many adults go out and celebrate on this holiday. Some drink excessively, leading to more danger from drunk driving – particularly late at night (i.e., from midnight forward). The leadup to the turn of the year on New Year’s Eve involves binge drinking for many; and that means a higher incidence of drunk driving. According to the 2001-2005 NHTSA cited above, more than half of car accidents (54%) over New Year’s Eve and Day involved alcohol impairment. Again, alcohol is a major influence in why this holiday is the third-deadliest for traffic crashes.

Thanksgiving

Thanksgiving is a holiday that many families consider important, so they head out on the road to grandparents and elsewhere. People often do not have the Wednesday prior to Thanksgiving off. That lack of preparation time for the big meal results in unsafe roads. Drivers heading to and from Thanksgiving get-togethers in 2019 may be suffering from drowsiness. They may be on their phones or otherwise distracted. They may be hurrying to their destinations. There were more than 500 Thanksgiving traffic deaths from 2001 to 2006. The good news is that number has dropped, nationwide, in the past few years; nonetheless, this holiday is still ranked second among holidays for roadway fatalities.

Independence Day

Actually the deadliest holiday of 2019, based on past years, will likely be the 4th of July, aka Independence Day. Over that four-day holiday in 2012, per National Safety Council data, there were about 540 car accident deaths. Over that same span, there were 58,000 major injuries arising from these incidents.

Help when you are a victim on the road

You can get in a car crash any time, whether it is one of the peak danger periods to be on the road or not. Have you recently been involved in a car accident? At Farrah Martinez Law Firm, we proactively and effectively represent clients in their personal injury cases. Learn about founding attorney Farrah Martinez.

New Year’s Eve will soon be upon us, and the fundamentals of safe driving deserve consideration. The holidays are a time of celebration. When celebrations go overboard, car collisions can result.

The danger of alcohol out on the roads is prevalent throughout the year. Every day in the United States, almost 29 people die in automotive crashes involving an alcohol-impaired driver. Incredibly, these crashes lead to 28% of all traffic-related deaths. Safe driving is especially key for New Year’s Eve and Day. On New Year’s Day, 50% of fatal crashes involved a driver with a blood-alcohol content of 0.08% or more. Motorcyclists should be especially concerned given the amplification of the hazards they face every day.

Most of the advice related to staying safe on the road for the holidays has to do with avoiding the problem by curbing drunk driving, using alternative transportation, etc. Instead of covering that ground, we will discuss a few defensive driving tips in case you do have to go out on the road. How can you, as a sober driver, steer clear of trouble?

Various strategies can be used to help you avoid crashes by facilitating defensive rather than aggressive driving. These methods can be particularly helpful at the holidays:

#1 – Give ample room.

Avoiding other cars is a simple element of safe driving. Transportation journalist Matthew DeBord noted that tailgating is “[t]he No. 1 problem I see in everyday driving.” Your follow distance should be at least 2 seconds and ideally 4 seconds, particularly if the weather is bad.

Providing significant distance becomes more important at higher speeds. When you are on a highway, you need to give yourself plenty of room to shift lanes. That way you do not activate anti-lock brakes or get in a collision when moving around other cars. DeBord recommended staying back about three car lengths – and two car lengths in traffic jams. Three car lengths could certainly be expanded.

#2 – For safe driving, be smooth.

You want to exert full control over your vehicle when the roads are rough – as on New Year’s Eve. Stability can be evident in an idea from Jackie Stewart, a car racing legend. Stewart suggested filling a bowl with water, putting it on your dashboard, and seeing if you can drive around without it spilling.

A smooth, steady approach will make you more easily predictable to others, improving your safety. Avoid either braking or accelerating suddenly. Look out ahead of you and know what you will do next well ahead of time. Position both your hands on the wheel as much as possible.

#3 – Concentrate.

Control what you can. Put all your attention on the road.

Consider cutting your speed a bit given the climate. Speeding increases damage from collisions and reduces the time you have to avoid one.

Put your phone away. It is a key source of distraction, a nemesis of safe driving.

#4 – Deal with overconfidence

If you make every effort to drive safely, you may start to think you can conduct maneuvers that do not give you sufficient room for safety. This issue is central to drivers failing to be practical when it comes to driving safety, per the IIHS’s Russ Radar. “We all think we’re good drivers and it’s all the other drivers out there that are dangerous,” Radar said. He added that people could become much safer by simply self-examining and improving their own efforts.

#5 – Stay alert, and get sleep.

Sleepiness is a factor behind over 56,000 car collisions each year, according to the National Highway Traffic Safety Administration. These types of crashes tend to be patterned as follows: A person is driving alone. It is early in the morning, or late in the evening. A car drives off a highway, resulting in a single-vehicle accident. There is no effort made by the driver to evade the crash.

The people who are at the greatest risk of falling asleep at the wheel are those from 16 to 29 years old, particularly male. Another high-risk group is people whose sleep schedule is often thrown off-course by long or continually changing hours. Your alertness on the road is required for your focus, which can in turn help you maintain safe driving and avoid collisions on New Year’s.

#6 – Be the one who yields.

Crashes often occur when two people want to be in the same place at the same time. Whenever you feel that there is another driver who is challenging the path you are taking, take it upon yourself to yield. Yield regardless if you feel that you have the right-of-way or that the other driver should let you in out of courtesy. Your key concern is that you get home safely. That is driving safety.

Protecting you on New Year’s and every day

Sometimes, despite your best efforts at safe driving, you may get into a traffic collision. Motorcyclists often find these incidents particularly devastating. If you get into a wreck, the legal counsel you choose will help you see just compensation for any injuries or losses you incur. At Farrah Martinez Law Firm, we provide top-notch legal representation to everyday people who have been injured as a result of another person’s negligent acts. See our approach to success.

Man Gets 50 Years For Killing 3 While Driving Drunk

Man Gets 50 Years For Killing 3 While Driving Drunk ( A Tomball man was sentenced to 50 years in prison for driving drunk and killing 3 people. The victims were a mother, father, and their son who had just picked up his cap and gown for his high school graduation. Jeremy Paul Valdez, 27, was driving a pick-up truck 106 mph when he ran a red light and smashed into the family’s car. All 3 family members died at the scene. After the crash, Valdez climbed out of the window of the truck and tried to escape on foot, but good samaritans caught him. Valdez had had 3 prior convictions for drunk driving, and served 2 years in prison for a 2013 drunk driving accident. Sean Teare, Chief of the Vehicular Crimes Division of the Harris County District Attorney’s Office, said, _”This sentence ensures that this family can begin the healing process without fear of an appeal and that the community will be safe from this habitual offender for at least 25 years. It also shows that this administration will not let these types of crimes to go unpunished.” While DUI crimes are often punished by law enforcement, that doesn’t mean that the family left behind is left with anything at the end of the day. Hiring a lawyer can’t bring loved ones back, but it can ensure that the burden of loss doesn’t need to accompany a financial burden as well. If you have lost a loved one due to the fault of a drunk driver, contact Farrah Martinez Law Firm today: #Houston #HoustonTX #CarAccident #DUIVictims #AccidentLawyer

Know What to Do in the Event of a Motorcycle Accident

According to the Texas Department of Transportation, there were 9,859 injuries and fatalities to motorcycle drivers and passengers in 2016. That’s a significant number and an increase over previous years. It’s also a sign that motorcycle drivers and passengers are less safe than ever before. The drivers of other automobiles typically cause motorcycle crashes.

 

A Lack of Awareness: Motorcycle Drivers Are at an Increased Risk

 

One of the most significant contributing factors in the rise of motorcycle accidents across Texas is negligence on the part of other drivers. With an estimated 500,000 registered motorcycles on Texas roadways now, it’s more important than ever for car, truck, van and 18-wheeler drivers to be observant. That’s the force behind the state’s 2017 DoT campaign – “Share the Road: Look Twice for Motorcycles.”

Drivers of other vehicles are urged to be vigilant concerning motorcycles. An accident involving a motorcycle is five times more likely to result in an injury than a car-to-car crash, and 29 times more likely to result in a fatality. Of course, motorcycle drivers and passengers also need to be vigilant. However, you need to know what to do if you’re involved in a motorcycle accident.

 

When You Are Involved in a Motorcycle Accident, Know What to do.

Houston Car Accident Lawyer Answers Questions

Car Accident Lawyer helps Motorcycle Victims

Assess the Damage – First of all, you need to assess the damage, and that includes physical injuries to you and a passenger on your motorcycle. What injuries have you sustained? Are you able to sit up, or stand?

Chances are good that if you’ve been involved in a motorcycle accident involving a car, truck, van or an 18-wheeler, you have sustained serious injuries. If possible, use your cell phone to call 911 to ensure that help is on its way immediately. If you are able, check the condition of any passengers, and the driver/passenger of the other vehicle.

Move Off the Road – If possible, move your motorcycle off the road. The other driver will also need to move their vehicle out of the flow of traffic. If necessary, move any injured individuals off the road (assuming you’re physically able to do so).   Most of all, do not cause more harm by trying to help.

Gather Evidence

Exchange Insurance Information – If you’re capable, exchange insurance information with the other driver. You should also get their name, phone number, and address. All of this information will be necessary to file a claim.

Take Pictures – If you are physically able, use your cell phone to take pictures of the accident scene before moving the vehicles out of the road. You’ll need proof of who hit whom, the position of the vehicles, and more. If you’re not able to take photographs, try to memorize every detail of the scene possible.

Talk to Witnesses – While not always the case, witnesses are sometimes present. Get the contact information from these individuals.

Don’t Talk about Fault – Whether the motorcycle accident was the fault of the other driver, or you think it was your own, don’t talk about it except with the police. Avoid discussing the accident with the other driver.

Do I Need a Car Accident Lawyer?

While you may not need a car accident lawyer in all instances, it’s wise to have an experienced professional on your side if you’ve been injured in a motorcycle accident. Why? Insurance companies are in business to make money.  Consequently, they don’t do that by paying out a lot of cash to those injured in accidents. An experienced car accident lawyer like Farrah Martinez can help ensure that you receive the compensation you need to pay for medical bills, missed time from work and your pain and suffering.

For a free consultation, contact Car Accident Lawyer Farrah Martinez at (713) 853-9296.

Source:

http://www.avrek.com/blog/what-to-do-after-motorcycle-accident/

https://rideapart.com/articles/crash-motorcycle

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/01.pdf

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/09.pdf

http://dfw.cbslocal.com/2017/04/28/txdot-drivers-motorcycles/

 

FILE YOUR HOUSTON HURRICANE HARVEY INSURANCE CLAIM BEFORE SEPTEMBER 1ST

If your home has suffered damage because of Hurricane Harvey, please contact your insurance company and file a claim immediately.  If you continue to experience damage due to high winds, and torrential down pours, and you are unable to make a complete assessment because of safety concerns, then tell your carrier there is likely other damage that you are unable to assess because the conditions are not safe at the time of making the claim.

Unfortunately, Texas Law changed and the law lessened the rights of homeowners to recover from storm claims.  Now, an insurance company that denies or delays a claim only has to pay homeowners 10% interest versus 18%. After waiting months and sometimes years for full payment of claims, that interest is a saving grace for many Texans who have suffered devastating loss at the hands of a violent storm.  For more information about bad faith insurance claim read this post-https://www.injurylawyerhou.com/insurance-law/texas-bad-faith-insurance-claims/.

Now, lawyers and lawmakers are not certain how the courts will interpret “claim.”  Some believe a lawsuit will need to be filed before September 1st while others argue you only need to file your claim.  Also, this provision is not applicable to Texas Windstorm Insurance Association Claims.

AFTER SEPTEMBER 1ST, YOU CAN STILL FILE A CLAIM ON YOUR HOMEOWNERS POLICY AND SEEK RECOVERY FOR YOUR LOSSES.  THE NEW LAW IMPACTS THE INTEREST PAID ON YOUR CLAIM — IF IT IS UNFAIRLY DENIED, DELAYED OR HANDLED UNFAIRLY BY THE INSURANCE COMPANY

PUT YOUR HOUSTON INSURANCE CLAIM IN WRITING

Give your insurance company written notice of your claim.  Fax, email, or send by U.S. Certified Mail your Houston Hurricane Harvey claim to your insurance company.  It is important to put your claim in writing and date it before Friday, September 1, 2017. Here is a simple example:

 

August 29, 2017

Dear Homeowners Insurance Policy Company:

I have suffered a loss to my home at 123 Texas Way, Houston, Texas 77002 because of damage caused by Hurricane Harvey.  My policy number is HOUSTONTX12345.  At this time, I have noticed damage to my roof, leaks inside my home from the roof damage; my front window is blown out and water has gotten in through the broken window and caused damage to my floor.  These are the damages that I have seen but there are likely others that are unseen and some that I cannot get to. I called and received a claim number 123456789. Please take note of my claim.

Sincerely,

Hurricane Harvey Survivor

DENIAL OF HOMEOWNER INSURANCE CLAIMS IN HOUSTON

If your insurance company denies your Houston Hurricane Harvey Insurance Claim or unfairly settles your claim, you have rights.  For more information about bad faith claims, denial of insurance claims or unfair settlement practices visit our insurance claims page at https://www.injurylawyerhou.com/practice-areas/texas-insurance-claim-attorney/.

FLOOD VICTIMS OF HURRICANE HARVEY

If you experience flooding to your home that was not the result of wind damage, then you will likely need to file a claim through your flood insurance.  Flood claims are different from any other and I have provided a guide for those needing guidance on filing flood claims at https://www.injurylawyerhou.com/flood-claim/how-to-handle-flood-claims/.

I DON’T HAVE INSURANCE TO COVER MY LOSS

You are not alone.  Many victims of Hurricane Harvey do not have flood insurance to cover their homes.  According to CNN Money, “figures from the National Flood Insurance Program show that only 15% of homes in Harris County, which includes Houston, have flood insurance, while only 20% of homes in Nueces County, where the coastal city of Corpus Christie is located, are covered. Coverage rates are higher in the area’s flood zones, but many homes still aren’t covered.”  Cars and vehicles are covered under your auto policy. Mobile homes are often covered under your homeowner’s policy.  Check your policy for details on coverage.

Harvey brought devastation that Houston, Harris County, Fort Bend County, and Montgomery County has never seen before. The Federal Government through FEMA set up a disaster relief fund. For more information, visit https://www.fema.gov/hurricane-harvey.

If you need help, please call Farrah Martinez, Houston Insurance Claim Lawyer at (713) 853-9296.

 

One drunk driver can change your life and those you love forever! But you and your loved ones have rights. Farrah Martinez, a top rated drunk driving lawyer and car accident lawyer in Houston, Texas defends your rights to brighten your future.

Police only lay charges

Police charge drunk drivers for breaking the law. And you won’t receive any compensation for your pain, injuries, property damage and expenses unless you file a civil claim. But time is of the essence. Why? Because in Texas you have two years to file a car accident lawsuit before the statute of limitations kicks in. Thus, filing sooner than later will increase your chance of a positive outcome.

You deserve compensation for:

  • Bodily Injury

Your body and your life will never be the same. A drunk driving accident can cause lifelong pain, job loss, marital or family stress and more. As a result, you’ll need financial resources to help deal with these issues.

  • Property Damage

Who should pay for repair or replacement of your car, damage to your home or property? A drunk driver should! Drunk driving accidents cause psychological and physical damage. A good DUI lawyer takes both of these things into account in a drunk driving lawsuit.

  • Lost wages

Accident victims lose weeks, months and sometimes years off work because of their injuries. How will you provide for your loved ones? While you did not bring this on yourself you shouldn’t be left to deal with major financial losses you may incur as a result.

  • Medical bills

Medical bills add up quickly – and expensively. Accident victims may require specialized care from a variety of health providers or institutions – for something that was not your fault and shouldn’t be your responsibility.

In addition to your shock, pain and other outcomes, there may be funeral and estate expenses to deal with. You shouldn’t have to pay for losing a loved one to a drunk driver.

  • Counselling

Car crash victims oftentimes require counselling for extended periods to deal with the shock, physical and emotional pain left behind by an irresponsible drunk driver. Depression, anxiety and other such issues may set in as a result, leaving you feeling helpless and alone. But it doesn’t have to be that way.

Houston’s drunk driving lawyer helps those who can’t help themselves

Fact: The State of Texas recognizes that a bar, restaurant or liquor store that sells alcohol to a drunk driver is also negligent. You get maximum compensation with Houston DUI accident lawyer Farrah Martinez. Farrah makes those people responsible for your catastrophic injuries and losses pay for their negligence.

You live in the Lone Star State but you’re not alone with Farrah Martinez on your side!

Let Houston’s drunk driving lawyer fight for your rights

Farrah Martinez is an aggressive, smart and expert drunk driving and car accident lawyer in Houston, TX.  She makes drunk drivers pay. And their lawyers and insurance companies nervous. She is compassionate and approachable to her clients. A top-rated personal injury lawyer backed by years of experience with drunk driving lawsuits.  Combining a decade of legal experience with hard work on her clients’ behalf, Farrah treats every case as if it’s a championship fight – because she knows it’s exactly that to her clients. Farrah will meet with you and provide ongoing personalized service. Your fight is her fight and she won’t get paid until you win! If you’ve been the victim of a drunk driving accident in Houston, TX there’s only one number to call (713) 853-9296. Ask for Farrah. You’ll be glad you did!

Drunk driving lawyer serving Houston, TX and surrounding areas including Cypress, Pasadena, Pearland, Sugar Land, Spring, Bellaire, South Houston, Humble and Kingwood, TX

Know What to Do in the Event of a Motorcycle Accident

According to the Texas Department of Transportation, there were 9,859 injuries and fatalities to motorcycle drivers and passengers in 2016. That’s a significant number and an increase over previous years. It’s also a sign that motorcycle drivers and passengers are less safe than ever before. While some accidents are the fault of the driver, more are caused by the drivers of other automobiles.  Car Accident Lawyer, Farrah Martinez, explains what to do if the accident is not your fault.

A Lack of Awareness: Motorcycle Drivers Are at an Increased Risk

One of the most significant contributing factors in the rise of motorcycle accidents across Texas is negligence on the part of other drivers. With an estimated 500,000 registered motorcycles on Texas roadways now, it’s more important than ever for car, truck, van and 18-wheeler drivers to be observant. That’s the impetus behind the state’s 2017 DoT campaign – “Share the Road: Look Twice for Motorcycles”.

Drivers of other vehicles are being urged to be vigilant concerning motorcycles. An accident involving a motorcycle is five times more likely to result in an injury than a car-to-car crash, and 29 times more likely to result in a fatality. Of course, motorcycle drivers and passengers also need to be vigilant, but in addition, you need to know what to do if you’re involved in a motorcycle accident.

Houston Car Accident Lawyer Explains What to Do Moments After Your Accident

Knowing what to do in the minutes following an accident can make a huge difference in the ultimate outcome, and it might just save your life or the life of someone else. Follow this brief guide.

Assess the Damage – The first thing you’ll need to do is to assess the damage, and that includes physical damage to you and/or a passenger on your motorcycle. What injuries have you sustained? Are you able to sit up, or stand?

Chances are good that if you’ve been involved in a motorcycle accident involving a car, truck, van or an 18-wheeler, you have sustained serious injuries. If possible, use your cell phone to call 911 to ensure that help is on its way immediately. If you are able, check the condition of any passengers, and the driver/passenger of the other vehicle.

Move Off the Road – If possible, move your motorcycle off the road. The other driver will also need to move their vehicle out of the flow of traffic. If necessary, move any injured individuals off the road (assuming you’re physically able to do so).

Exchange Insurance Information – If you’re capable, exchange insurance information with the other driver. You should also get their name, phone number, and address. All of this information will be necessary to file a claim.

Take Pictures – If you are physically able, use your cell phone to take pictures of the accident scene before moving the vehicles out of the road. You’ll need proof of who hit whom, the position of the vehicles, and more. If you’re not able to take photographs, try to memorize every detail of the scene possible.

Talk to Witnesses – While not always the case, witnesses are sometimes present. Get the contact information from these individuals.

Don’t Talk about Fault – Whether the motorcycle accident was the fault of the other driver, or you think it was your own, don’t talk about it. Avoid discussing the accident with the other driver or their insurance company.

Call Your Car Accident Lawyer – As soon as possible, call your car accident lawyer. While they might not be able to open a claim without a police case ID or accident report, you can at least get the ball rolling. Once the police have investigated the scene and provided you with a report number, your car accident lawyer can order a copy of the report online.  Accident reports are usually ready within 10 days of the accident.

Do I Really Need a Car Accident Lawyer?

While you may not need a car accident lawyer in all instances, it’s wise to have an experienced professional on your side if you’ve been injured in a motorcycle accident. Insurance companies are in business to make money, and they don’t do that by paying out a lot of cash to those injured in accidents. An experienced Houston car accident lawyer like Farrah Martinez can help ensure that you receive the compensation you need to cover repair or replacement of your motorcycle, payment of medical bills and the like.

For a free consultation, contact Car Accident Lawyer Farrah Martinez at (713) 853-9296.

 

Source:

http://www.avrek.com/blog/what-to-do-after-motorcycle-accident/

https://rideapart.com/articles/crash-motorcycle

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/01.pdf

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/09.pdf

http://dfw.cbslocal.com/2017/04/28/txdot-drivers-motorcycles/