How Long Does It Take for a Dog Bite Settlement—and How Much Can I Get?

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Nobody wants to endure a long wait for compensation after filing a dog attack. Not with medical bills piling up, and lost wages from either those who have been injured or must take time off work to care for a loved one who has.

Unfortunately, dog bite cases are not always as simple as they might seem to those who have been injured. Several factors can increase the time it takes to settle, or even cause you to receive no financial compensation at all—even if you did nothing wrong.

In this blog post, we’ll explore some of the main factors that influence how long it takes to reach a settlement agreement in a dog bite case, how much claimants can expect to receive in compensation, and how an experienced attorney can help you get a fair settlement as quickly as possible.

How Long Will It Take to Settle? Factors to Consider in Your Dog Bite Case

how long does it take for a dog bite settlementThe reality is that there is no “average” amount of time it takes to settle a dog bite claim. Some cases settle in no more than a few weeks, if the facts are clear and everyone involved is cooperative. Others can drag on for months or even years after the initial dog bite, putting ever greater stress on dog bite victims and their families. 

Here are a few of the most common factors that influence how long it may take a case to settle. 

The Dog Bite Laws in Your State 

Although specific dog bite laws vary from state to state, most fall into one of two broad categories: strict liability or the “one bite” rule. 

  • In a strict liability state, a dog owner or caretaker is typically considered responsible for the actions of their dog, even if they had no reason to suspect the dog was dangerous or had no way to prevent the dog bite. As long as their dog was not provoked, or the victim was not trespassing or breaking the law, the dog’s owner will likely be considered at fault. 
  • In a one bite rule state, you typically need to prove that the dog’s owner knew that their dog might bite—for example, because they had already bitten someone in the past, or had a history of aggressive behavior. 

The one bite rule is a higher standard than strict liability, which means that dog bite claims in those states (including Texas) are more difficult to win and often take longer to settle. 

Whether Negligence Is Clear Based on the Evidence 

If you, your child, or other loved one were viciously attacked, it may be clear as day to you that dog owner was at fault and should be responsible to pay for the resulting dog bite injuries. But again, because of the higher burden of evidence required in Texas cases, proving negligence might be harder than you think. 

For example, the dog owner may claim, truthfully or not, that: 

  • Their dog had never bitten anyone before, and they had no reason to know that the canine was dangerous 
  • The only reason the dog attacked was because you provoked it 
  • You were trespassing at the time of the attack 

These claims may or may not be outright lies, but if you do not have evidence showing that that dog owner had a reason to know their dog was dangerous or exercised reasonable care to prevent the bite from occurring, then negligence may be in dispute—and that can cause a dog bite case to drag out for a long time. 

The Severity of the Dog Bite Injuries 

The simple fact of the matter is that insurance companies do not want to pay out large dog bite injury claim settlements. They are interested in their own bottom line, not your recovery. 

If you or your loved one’s injuries are minor, relatively little medical treatment is needed, and recovery is quick, reaching a fair settlement might not take a whole lot of negotiating. From the perspective of the insurance company, such small claims may not be worth fighting. 

On the other hand, if the injuries are serious, current and future medical bills and lost wages are large, and the emotional trauma, pain, and suffering are significant, the insurance adjuster is going to take a much more critical look at your case and seek any opportunity to deny you a quick settlement, drag out the process, and get you to accept less than what your case is truly worth.

Average Dog Bite Settlement Amounts: How Much Is My Case Worth?

average dog bite settlement amountsDog bite settlement amounts can vary significantly based on the specific circumstances, from as little as a few hundred dollars to hundreds of thousands. 

According to the Information Insurance Institute, the average dog bite payout in Texas is around $40,000. However, talking about averages isn’t always particularly useful, since dog bite settlement amounts have such a wide range—from just a few hundred dollars to hundreds of thousands. 

Some of the major factors that determine how much compensation you may be entitled to include: 

  • Amount of current and future medical bills. You’re entitled to compensation for your medical expenses from the responsible party, including hospital bills, physical therapy, and other related expenses. 
  • Amount of current and future lost wages. If your dog bite injuries prevent you from working and earning a living, temporarily or permanently, you’re entitled to be compensated for this as well. 
  • Pain and suffering. Severe dog-bite-related injuries can cause lasting non-economic damages. If your injuries have had a profound effect on your quality of life—for example, permanent scarring, emotional trauma, or disability—you may claim compensation for those damages as well. 
  • Insurance coverage limits. In theory, most dog owners should have dog bite liability coverage as part of their homeowners or renters insurance, but even then those policies may have coverage limits. If your damages exceed the available coverage limits, you may not be able to collect if the dog owner is unable to pay. 
  • Allocation of fault. In Texas, multiple parties can share the responsibility for a personal injury incident, including dog bites. If you are determined to be anywhere from 0% to 50% at fault, the amount you can claim will be reduced by the same percentage. (For example, if you claim $100,000 but are 30% at fault, you will only receive $70,000.) If you are determined to be more than 50% at fault, you cannot recover any compensation.

How Does Insurance Company Negotiations Affect Dog Bite Claims in Katy, TX?

Navigating the aftermath of a dog attack in Katy, Texas, often involves dealing with insurance adjusters rather than negotiating directly with the dog owner. Because many local homeowners’ and renters’ insurance policies cover animal attacks, insurance companies heavily influence the direction, timeline, and ultimate settlement value of a personal injury claim. Understanding how these negotiations work can help victims protect their rights and secure fair compensation.

The Impact of Texas Liability Rules on Insurance Leverage

Texas law follows a modified version of the “one-bite rule” alongside standard negligence principles. Under this framework, a dog owner is typically held strictly liable only if the animal has a known history of aggressive behavior and the owner was aware of it. Otherwise, an injured party must prove that the owner acted negligently—such as violating Katy leash laws or failing to secure the animal properly. 

Insurance adjusters use these legal nuances to their advantage during negotiations. If a dog has no prior bite history, the insurance company may aggressively argue that they bear zero liability, attempting to dismiss the claim early. Conversely, if clear evidence establishes prior aggression or blatant negligence, the insurer’s leverage diminishes, forcing them to shift focus toward mitigating the financial payout.

Common Tactics Used by Insurance Adjusters

When negotiating a dog bite claim, insurance companies frequently employ strategies designed to minimize corporate payout:

  • Quick, Lowball Settlement Offers: Adjusters may reach out shortly after the incident in Katy, offering a fast cash settlement before the victim fully understands the long-term scope of their medical expenses, scarring, or emotional trauma.
  • Shifting Blame to the Victim: Under Texas’s modified comparative negligence rule, a claimant cannot recover damages if they are found to be more than 50% at fault. Insurers often try to claim that the victim provoked the animal, ignored posted warnings, or trespassed, aiming to reduce or entirely eliminate their payout obligation. 
  • Disputing Medical Necessity: Adjusters frequently scrutinize medical records, arguing that treatments for plastic surgery, physical therapy, or psychological counseling for trauma are inflated or unnecessary.

Protecting Your Claim Through Strategic Negotiations

Because insurance companies prioritize protecting their profit margins, approaching negotiations strategically is essential. Documenting the scene, preserving medical records, securing witness testimonies, and establishing local ordinance violations can counter an adjuster’s attempts to undervalue a claim. Securing legal representation ensures that communications are handled professionally, preventing adjusters from utilizing recorded statements or waivers to undermine a fair recovery for physical and emotional damages.

What Should You Do if a Dog Bites You in Texas?

average dog bite settlement amountsUnfortunately, sometimes claimants can be their own worst enemies when it comes to getting a fair settlement quickly and efficiently. The claims process is complicated, and insurance companies do not hesitate to use that to their advantage. 

Here’s a quick rundown of the steps you should take immediately after a dog bites you in Texas. Following these guidelines can help ensure you get the care you need and gives you the best chance at recovering compensation. 

  • Exchange info with the dog owner. This will help you verify whether the dog is up to date on vaccinations, as well as help you file a dog bite claim with their insurance company. 
  • Exchange contact info with any eyewitnesses. This can help strengthen your case if negligence is disputed. 
  • Seek medical attention right away. Even if the symptoms don’t seem that bad at first, you must still go to the doctor as soon as possible. Most importantly, some dog-bite-related infections (in particular, rabies) won’t show signs at first, but can become deadly if you wait for symptoms to appear. Furthermore, seeking medical care right away and following your doctor’s treatment protocols faithfully helps link your treatment directly to the dog bite and shows the insurance company that you took your injuries seriously. 
  • Report the incident to your local animal control center. Reporting the incident helps verify whether the animal has received a rabies vaccination, and also helps document a history of aggressive behavior. If the dog does not have a current rabies vaccination, they may need to be quarantined for 10 days. 
  • Carefully document the situation. Write a description of the incident as you experienced it. Keep a pain journal. Keep track of all ambulance bills, medical expenses, lost income, and other expenses associated with the dog bite. This is critical evidence that can help you not only prove the other party’s negligence, but also receive a fair settlement. 
  • Contact a dog bite attorney. Even seemingly simple dog bite cases can get complex in a hurry, and the insurance company is not going to make it easy for you. That’s why it’s always best to contact a lawyer for a free case evaluation and review your legal options.

How Will Adams Law Firm Can Help

If you or someone you love has been bitten by a dog and it wasn’t your fault, you deserve professional guidance from a dog bite lawyer who will stand up for what’s right. 

Our attorneys can handle every aspect of the claims process, including gathering evidence, calculating damages, negotiating with insurance, filing a lawsuit, and, if necessary, arguing your case before a jury trial. 

Hiring an attorney can often help you settle faster. But more importantly, it will help you avoid settling for too little, or taking the first lowball settlement offer the insurance company provides. Once you settle, you can’t go back for more later, so it’s important to make sure you really are receiving the full extent of the compensation you’re entitled to. 

It all starts with a free consultation where we evaluate your case, help you determine your options, and guide you on the next steps. To schedule yours, contact Will Adams Law Firm in Katy, TX today at (281) 371-6345 or complete our easy online form. 

References 

Sassian, Maria (9 April 2019). Dog Bite Liability Claims By State – Interactive Map. Insurance Information Institute. Retrieved from https://www.iii.org/insuranceindustryblog/dog-bite-liability-claims-by-state-interactive-map-draft/  

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

What Do I Do About My Car Accident Hand Injury?

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Hand injuries are common after car crashes. While they might not necessarily be as frightening as brain or spinal injuries, they do have the potential to be life-altering.

Even with the most common hand injuries, it’s important to take certain steps to increase your chances of getting the money you need and deserve. But navigating these steps can be challenging, especially as you’re trying to heal.

This article will outline common car accident hand injuries and how to go after the compensation you need to rebuild your life. We’ll also discuss how personal injury lawyers can help.

Common Hand and Wrist Injuries

car accident hand injuryConsidering where your hands are when you’re driving, it’s not surprising that they often end up with serious injuries from traffic crashes. Even if you weren’t driving, thrusting your arms out to brace for impact means your hands likely sustained a great deal of force in the accident.

Some of the most common hand and wrist injuries people suffer in car accidents include:

Broken Bones

The bones in your fingers (phalanges), hand (metacarpals), and wrists (carpals) are small and break relatively easily under force. Gripping the steering wheel, grabbing the dashboard, or pressing the inside of a door makes your hands vulnerable to that initial impact, and tensing keeps that force from being distributed into your arms and shoulders.

Even a minor fracture can cause pain, weakness, and disfigurement. Other typical symptoms are swelling, bruising, and crooked or immobile fingers. Signs of a broken hand or broken wrist might not be obvious at first, which is why you should always be examined by a medical professional as quickly as possible after a car accident.

Wrist Injuries

Your wrist connects your arm to your hand and includes the ends of your arm bones (radius and ulna), a collection of eight small carpal bones, and the beginnings of the five metacarpals in your hand. An injury anywhere in the bones or tissues of your arm or hand could impact the wrist.

Wrist injuries can damage the range of motion and rotation you use to pick things up, write, type, craft, play music, or communicate. Again, while this might not seem as scary as some other car accident injuries, it can greatly reduce your quality of life and you may be eligible for compensation.

Joint Dislocation

Dislocation happens when bones are displaced from their proper positions at the joint. We might immediately think of ball-and-socket type injuries, like a dislocated shoulder, but dislocation can happen at any joint for any bone.

Hands that have been in car accidents are very prone to dislocation, especially the middle finger knuckles. Symptoms can include pain, decreased movement and range of motion, swelling, redness, and numbness.

Torn Ligaments

Ligaments hold bones together, including the network of numerous individual bones in your fingers, hand, and wrist. The force of a car crash is often enough to cause tears in that connective tissue. Sprains (excessive stretching of ligaments) can also happen.

Left untreated, seriously damaged ligaments aren’t likely to heal properly, even if they aren’t torn. The pain and swelling may diminish, but you could experience long-term problems with mobility and stability in your hand.

Other Soft Tissue Injuries

Your hands contain skin, muscles, nerves, and tendons, all of which can get hurt in a car accident. From mild inflammation to painful strains (damage to the tendons that attach muscles to bones) and even tingling, the injuries will likely make it harder to work, play, and even rest without pain and limitations.

Externally, the skin on your hands can be cut, burned, or bruised in a car crash. Long term effects may include tightness, sensitivity (an increase or a loss), and scarring.

Medical Attention is Vital After a Hand Injury

tingling in hands after car accidentIt’s always important to see a medical professional if you have pain or visible injuries to your hands or wrists after a traffic accident. Injuries to your neck, shoulders, and arms can also cause hand issues, such as tingling, weakness, and pain.

Sometimes, the extent of your injuries and the effect they’ll have on your life are not clear at first. Hand and wrist pain symptoms don’t always fully emerge until hours, days, or even weeks later. Any hand injury may require surgery, physical therapy, or other treatment.

Getting a full evaluation from a medical professional as soon as possible after your accident greatly increases your chances for an early, accurate diagnosis and proper treatment. It will also help your legal case by demonstrating your efforts to heal.

Be aware that, the older you are, the more likely you are to have serious hand injuries and healing challenges. This is because bone density and collagen decrease with age, making us more prone to bone fractures and slower to rebuild tissue.

Why Is It Critical to See a Doctor Right Away for a Hand Injury After a Katy, TX Collision?

Experiencing a motor vehicle collision in Katy, Texas, is a disorienting and stressful event. In the immediate aftermath, adrenaline often masks physical pain, leading many drivers and passengers to focus solely on vehicle damage or major, obvious trauma. However, ignoring or delaying medical attention for subtle aches—especially a hand injury—can result in long-term complications.

Because the human hand is an intricate, highly delicate masterpiece of engineering, seeking immediate medical evaluation after a Katy crash is not just recommended; it is critical.

The Complex Anatomy of the Hand

To understand why prompt medical care is essential, consider the sheer complexity of the hand. It contains 27 bones, numerous joints, intricate networks of tendons, ligaments, blood vessels, and sensitive nerves packed into a very small space.

During a collision, hands are frequently subjected to immense forces. Whether gripping the steering wheel tightly at impact, bracing against the dashboard, or experiencing deployment shock from an airbag, the hand absorbs a tremendous amount of kinetic energy. This trauma can cause hairline fractures, torn ligaments, crushed cartilage, or nerve damage that may not be immediately apparent.

Hidden Risks of Delaying Treatment

  1. Rapid Onset of Stiffness and Scar Tissue

The hand is uniquely prone to stiffness. When soft tissues, tendons, or joints suffer trauma, the body naturally responds with inflammation. Without early intervention, scar tissue (adhesions) can form rapidly within the tendon sheaths and joint capsules. Once this fibrous tissue settles in, regaining full range of motion becomes an uphill battle requiring extensive physical therapy.

  1. Undetected Fractures and Misalignment

A small fracture in a metacarpal or phalange might feel like a simple “jammed finger” at first. However, if left untreated or improperly aligned, bones can heal in a deformed position. This can lead to chronic weakness, loss of grip strength, and early-onset post-traumatic arthritis, permanently affecting your ability to perform daily tasks or work.

  1. Nerve and Vascular Damage

Collisions can stretch, compress, or lacerate the digital nerves and blood vessels running through the hand. Symptoms like numbness, tingling, or a “pins and needles” sensation should never be ignored. If nerve compression is left unaddressed for too long, the damage can become irreversible, leading to permanent sensory loss or chronic regional pain syndrome (CRPS).

Medical Documentation and Legal Protection

Beyond the undeniable biological reasons for seeing a doctor right away, prompt medical evaluation plays a vital role if you need to pursue an insurance claim or personal injury recovery in Texas.

  • Establishing a Direct Link: Insurance adjusters and defense teams look for gaps in treatment. Waiting days or weeks to see a doctor allows them to argue that your hand injury was caused by something other than the Katy collision. Immediate documentation creates an unbroken chain of causation.
  • Comprehensive Records: A timely medical exam ensures that all injuries—even those with delayed symptoms—are formally diagnosed and recorded in your medical charts from day one, providing a clear foundation for your recovery process.

Prioritize Your Recovery

Your hands are essential to your livelihood, independence, and quality of life. If you have been involved in a collision in Katy, do not wait for the pain to subside on its own. Visit an emergency room, urgent care clinic, or a specialized hand orthopedist right away to protect both your physical health and your legal rights.

Personal Injury Lawyers Know How to Help

tingling in hands after car accidentIf you have been injured because of someone else’s carelessness or recklessness, it’s worth your time to speak with a personal injury lawyer about your car accident. Even if you aren’t catastrophically injured, experienced legal guidance can make a difference when it comes to your financial compensation.

The sooner you talk to an attorney about a hand or wrist injury, the better; you can begin developing a solid strategy right away. Most personal injury firms begin with a free case evaluation, meaning you won’t owe anything to find the right attorney-client relationship.

Perhaps best of all, working with a lawyer takes a lot of weight off your shoulders. They’ll navigate the legal system, talk to the insurance company, and negotiate your medical bills while you work on healing and rebuilding your life.

Will Adams Law Firm Stands Up for You

At Will Adams Law Firm, we are committed to standing up for what’s right. When you or someone you love was injured because of another’s negligence, you deserve the support of a firm that prioritizes your recovery and holds the other party accountable.

Our team has experience representing clients with all sorts of auto accident injuries, including hand and wrist injuries from car crashes, and we’re ready to hear your story. Set up your free initial consultation when you call (281) 371-6345 or complete the easy contact form on our website. We look forward to hearing from you!

References

Three common injuries from car crashes. (2020, Oct. 6). AICA Orthopedics. Retrieved from https://aica.com/3-common-hand-injuries-from-car-crashes/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

What Injured People Need to Know About Foot Injury Lawsuit Settlements

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katy personal injury lawyer

A painful foot injury stops you in your tracks—literally.

Dealing with these injuries because of someone else’s negligence or carelessness in a car accident, slip and fall, or other incident only increases that frustration.

Fortunately, you have options, and filing a claim, and possibly a lawsuit, might be the place to start. This post will discuss how a foot injury impacts your life, your options for compensation, and what to expect in fair foot injury settlements. Better yet, we’ll explore how a Katy personal injury lawyer can help with the (literal and figurative) legwork.

What Makes Foot and Ankle Injuries So Serious?

When the “foundation” of your body can’t move or carry weight, you certainly can’t carry on as normal. Serious ankle and foot injuries are common after car accidents or a slip and fall for a handful of reasons, ranging from human anatomy and reaction to the sheer forces generated during an accident. These injuries are not merely inconvenient; they often represent life-altering traumas that necessitate extensive medical intervention and complex legal assessment.

The Biomechanics of Sudden Trauma

The severity of foot and ankle trauma is often amplified by predictable, yet unavoidable, physical reactions and the nature of collision forces.

Bodies Tend to Tense Before Impact

It’s natural to tense your body and brace for an impact, whether that’s during a car accident, slip and fall, or some other dangerous situation. This reflexive action, often called bracing, is a fundamental protective mechanism. However, in the context of high-energy impact, it can dramatically worsen the resulting injuries.

When the body tenses, the force of the crash is prevented from being distributed or absorbed throughout the muscles, ligaments, and major joints of the legs and torso. Instead, that tremendous kinetic energy becomes highly concentrated in the lower extremities—particularly the feet and ankles—which are rigidly fixed against the floorboard or ground. 

This concentration of energy leads to a more severe foot or ankle fracture or ligament tear than may have happened if the body had been relaxed at the time of impact. The bracing action transforms the foot and ankle into highly susceptible, load-bearing structures that must absorb force meant for the entire body structure. This can result in comminuted (shattered) fractures, complex dislocations, or avulsion injuries where tendons rip small pieces of bone away.

The Feet Often Get Hit First

In vehicle crashes, the feet are frequently the first part of your body to feel the full impact force. In frontal collisions, the driver’s foot is often fixed to or actively pressing the brake pedal. The sheer force transferred through the brake assembly directly into the foot, heel, and tibia can cause devastating pilon fractures of the distal end of the shin bone, or severe calcaneus (heel bone) fractures—injuries associated with lengthy recovery and lasting disability.

In other crash scenarios, like a T-bone or side-impact collision, the feet and ankles can be crushed or twisted by the intruding vehicle structure itself. The crumpling of the door, firewall, and dashboard against the footwell can compress the structures of the midfoot, leading to highly problematic injuries that often require reconstructive surgery. The direct, crushing nature of these injuries results in significant soft tissue damage, compounding the complexity of the bone and joint damage.

Feet and Ankles Are Complex Structures

The foot and ankle are marvels of biological engineering, comprising 26 bones, 33 joints, and numerous tendons, muscles, and ligaments, all working in concert to provide stability, flexibility, and propulsion. This high degree of complexity is the primary reason these injuries are so difficult to diagnose, treat, and rehabilitate.

Anatomy and Diagnostic Hurdles

Because the structure is so complicated, a seemingly simple fracture might actually mask a more debilitating injury. One example is a Lisfranc injury, which involves the joints and ligaments of the midfoot. 

These injuries are notoriously challenging to detect on standard X-rays, often being initially misdiagnosed as simple sprains. However, if left untreated, a Lisfranc injury can lead to debilitating arch collapse and painful, chronic arthritis, severely impacting the individual’s long-term mobility.

The intricate nature of the foot means that even a minor misalignment of one joint can throw off the entire biomechanical chain of the body. Furthermore, your feet can be affected by injuries in other areas, such as the hip or knee. 

A pelvic fracture or a severe knee injury can alter a person’s gait, placing abnormal stresses on the uninjured foot and ankle, leading to secondary conditions like tendinitis or bursitis months or years later. The comprehensive nature of the body requires that all related injuries be addressed to achieve a full recovery.

Treatment and the Long Road of Rehabilitation

Treating severe foot and ankle injuries often requires extensive surgical intervention. This frequently involves Open Reduction and Internal Fixation (ORIF) procedures, where surgeons must meticulously realign bone fragments and secure them with hardware—plates, screws, and pins—to ensure proper healing. 

The presence of this surgical hardware can sometimes lead to chronic discomfort, necessitating further operations down the road for hardware removal.

The physical recovery from a complex foot or ankle injury is often measured not in weeks, but in many months or even years. Non-weight-bearing periods can last for three months or more, followed by rigorous and often painful physical therapy. 

The goal of this rehabilitation is not just to heal the bones but to restore the range of motion in 33 separate joints, rebuild muscle atrophy in the calf and foot, and retrain the body’s proprioception (sense of balance and position). This protracted recovery process imposes a significant psychological toll, often leading to anxiety, depression, and social isolation due to the sudden and prolonged loss of independence.

The Financial and Legal Complexity of Foot Injury Claims

When you or someone you love is dealing with serious injuries below the knee after a car accident or other incident, you’re likely facing medical costs, chronic discomfort, and a wide range of life adjustments. If your injuries are the result of someone else’s negligence or carelessness, you may be eligible for financial compensation for those expenses and losses.

Just as foot injuries themselves are complicated, securing a settlement for them might also be a challenge. Legal representatives who handle these personal injury claims understand that the valuation of a foot injury case requires a thorough and detailed approach.

How Is Liability Proved In Katy, TX Foot Injury Cases?

Sustaining a foot injury—such as a fractured metatarsal, torn ligament, or severe crush injury—can completely disrupt your life. When these painful accidents happen on someone else’s property in Katy, Texas, victims often pursue compensation through a premises liability claim governed by the Texas Civil Practice and Remedies Code § 16.003. However, winning a personal injury case in the Lone Star State requires more than simply showing that an accident occurred. You must systematically prove liability by establishing specific legal elements.

1. Establishing Visitor Status and Duty of Care

The foundation of any Texas premises liability claim relies on proving your legal status on the property at the time of the foot injury. Property owners owe varying degrees of duty depending on why you were there:

  • Invitees: Customers, clients, and shoppers who enter a business or property for the mutual benefit of the owner are owed the highest duty of care. The property owner must routinely inspect the premises and fix or warn of hidden hazards.
  • Licensees: Social guests or service workers enter with permission for their own purposes. Owners must warn them of known, dangerous conditions.
  • Trespassers: Individuals without permission are owed very little duty, other than a prohibition against setting intentional traps.

For most foot injury claims originating in Katy retail centers, grocery stores, or restaurants, the injured party is classified as an invitee.

2. Proving the Existence of a Dangerous Condition

Next, you must identify and prove the specific hazard that caused your foot or ankle to twist, break, or get crushed. Common hazards leading to foot injuries include torn carpeting, cracked sidewalks, slippery floor spills, poorly lit stairwells, or uneven transition strips. Photographic evidence of the scene and detailed medical imaging of your foot trauma are vital at this stage.

3. Demonstrating Knowledge (The “Time-Notice Rule”)

Under Texas law, proving that a hazard existed is not enough; you must also establish that the property owner or their employees had actual or constructive knowledge of the danger and failed to act. 

Texas utilizes a strict “time-notice rule” (grounded in case law like Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002)). This means you must produce temporal evidence showing how long the dangerous condition existed prior to your fall. Constructive knowledge means the hazard was present long enough that a reasonably diligent owner should have discovered it during routine maintenance. Surveillance video, cleaning logs, and witness statements are crucial to meeting this heavy burden. 

4. Linking Causation and Damages

Finally, your attorney must directly tie the property owner’s negligence to your foot injury, and quantify your losses. You must prove that the dangerous condition was the proximate cause of your accident, resulting in documented damages such as medical bills, surgical costs, physical therapy, lost wages, and pain and suffering.

Because Texas applies a modified comparative fault rule under the Texas Civil Practice and Remedies Code § 33.001, insurers will often try to argue that you were distracted or wearing inappropriate footwear. Working with a local Katy personal injury lawyer ensures that critical evidence is preserved before it disappears, giving you the best chance to hold negligent property owners accountable.

Determining Economic and Non-Economic Losses

Claims for recovery are typically divided into two categories: economic damages and non-economic damages.

While economic damages include measurable, objective costs like past and future medical expenses, prescription costs, and lost income, non-economic losses encompass the more subjective but equally real impacts of the injury. 

These losses include pain and suffering, reduced quality of life, emotional distress, and loss of opportunity. When serious injuries mean you can’t even stand up, walk, or perform routine daily tasks, the non-economic damages may be significant. 

Proving that profound impact to the opposing party’s insurance company, on the other hand, is often difficult. It requires meticulous documentation, testimony from treating physicians, and detailed personal accounts of how the injury has reshaped the victim’s life.

In addition, you may face uncertainties about the future economic costs. Some people with severe foot injury cases need lifelong therapy, assistive devices (like specialized orthotics or canes), and may never be able to return to their former occupation, especially if their job required standing, walking, or heavy lifting. 

Determining how much this loss of earning capacity and future medical needs will cost the family in the coming decades requires sophisticated analysis by vocational and economic consultants.

Getting Compensated for Foot Injuries Can Be Difficult

When you or someone you love is dealing with injuries below the knee after a car accident or other incident, you’re likely facing medical costs, discomfort, and a range of life adjustments. If your injuries are the result of someone else’s negligence or carelessness, you may be eligible for financial compensation for those expenses and losses.

Just as foot injuries themselves are complicated, securing a settlement for them might also be a challenge. One reason for this is the non-economic damages you may claim.

While economic damages include measurable costs like medical expenses and lost income, non-economic losses include pain and suffering, reduced quality of life, emotional distress, and loss of opportunity. When serious injuries mean you can’t even stand up, the non-economic damages may be significant. Proving that to the insurance company, on the other hand, is often difficult.

In addition, you may face uncertainties about the economic costs. Some people with foot injury cases need lifelong therapy and can’t ever return to work. Are you prepared to determine how much that will cost your family in the coming years?

Serious Injuries Require Serious Legal Representation

In these challenging circumstances, it’s in your best interest to work with an experienced personal injury lawyer. They can help you organize your case (including doing the heavy lifting of gathering evidence and understanding your medical diagnosis), submit a claim, and negotiate a fair settlement amount.

When you or someone you love are seriously injured, you deserve to have the time and space you need to heal, rather than trying to navigate the complicated world of insurance claims, medical bills, medical liens, and negotiations. If you were hurt in or around the Greater Katy Area, or elsewhere in Texas, don’t wait to speak with an experienced local attorney who knows how to present your case and negotiate for a fair settlement.

Will Adams Law Firm Is Ready to Help You Get Back on Your Feet

From supporting your physical healing to helping you secure the funds to rebuild your life, your recovery is our priority. Our law firm has experience representing people with foot and ankle injuries after car accidents, falls, and other incidents.

To schedule your complimentary case assessment and begin the attorney client relationship, please call (281) 371-6345 or use the simple contact form on our site. It will be our honor to speak with you and learn more about your case. Every initial meeting is at no cost or risk to you. Call today!

References

Bailey, A., Crandall, J., Funk, J., King, R., Rudd, R., Srinivasan, S. (2012). Injuries caused by brake pedal loading of the midfoot. PubMed.gov. Retrieved from https://pubmed.ncbi.nlm.nih.gov/22846275/

Compartment syndrome. (n.d.). Ortho Info from the American Academy of Orthopedic Surgeons. Retrieved from https://orthoinfo.aaos.org/en/diseases–conditions/compartment-syndrome/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

What Is the Average Settlement for a Pedestrian Hit by a Car?

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average settlement for pedestrian hit by carWhile no one can snap their fingers and restore your sense of safety after being hit by a car, the right pedestrian accident lawyers will work tirelessly to hold the at-fault driver accountable. This includes helping you get the money you need to rebuild your life after the accident.

In this post, we’ll discuss what goes into determining a settlement value for an injured pedestrian. We’ll also talk about how personal injury lawyers can make a difference to the success of your pedestrian accident case.

What You Need to Know About Settlements After Being Hit by a Car

average settlement for pedestrian hit by carFirst, let’s be clear what a settlement is. A settlement in an agreement between parties involved in a legal case. Settlements compensate for the financial losses (also called damages) after an accident or crash that wasn’t their fault, such as medical bills. A settlement specifies how much money the at-fault party should pay the injured person, which is typically paid out through an insurance policy.

What Can Pedestrian Accident Settlements Pay For?

Your attorney will examine your costs and any losses you may have in the future and use them to calculate how much money you can request from the at-fault party’s insurance company based on the costs you need to cover.

Those costs usually fall into two categories:

  • Economic damages are measurable, financial costs related to the accident, including medical bills, lost wages, and medications.
  • Non-economic damages are more subjective but cost you in quality of life, such as pain and suffering, emotional distress, and loss of opportunity.

Occasionally, settlements also include a third category called punitive damages. Punitive damages are rare, generally reserved for cases of serious recklessness, such as drunk driving. The purpose is to punish the at-fault party and discourage the behavior in the future.

What if the Injured Person Was Party to Blame for the Accident?

Texas uses the rule of comparative negligence (also called proportionate responsibility). This means that if an injured person bears any responsibility for the accident and their resulting injuries (according to the police report and investigation), they can still recover a settlement. However, the settlement amount may be reduced by the percentage of their fault.

If the insurance representative suggests that, for instance, because you were still in the intersection when “do not cross” light appeared, or you were “jaywalking” in a residential neighborhood where you live when you were hit, that you aren’t eligible to collect any compensation, this simply isn’t true. These factors might make your case more complicated, but they don’t erase your options.

In these difficult situations, it’s in your best interest to contact an attorney as soon as you can. They can help you logically assess the situation, understand your legal options, and make a plan that protects your future. In particular, they can help you navigate your claim if you’re being blamed for the crash that hurt you.

What Is the Average Settlement for a Pedestrian Hit by a Car?

The truth is, average case amounts can be misleading. Every case is different, and what’s considered a “good” settlement depends on your unique individual factors:

  • The specific injuries and past, present, and future medical treatment
  • How much income was and will be lost because of the injuries
  • Physical pain and how it impacts the person’s daily life
  • Emotional distress and how it impacts a person’s daily life
  • The limits of relevant insurance policies

However, because pedestrians don’t have the protective body of a car to reduce the impact of the crash, it’s not unusual to have extensive injuries and sky-high medical bills as a result.

So, if the person who hurt you doesn’t have enough insurance to cover your costs, you and your lawyer will need to investigate other sources of compensation. Not only do they handle the paperwork and red tape—they know how to negotiate with the insurance companies, and often involve medical and accident reconstruction experts to build a strong case.

Will Adams Law Firm Brings Experience When Handling Pedestrian Accidents

At Will Adams Law Firm, we’ll put our experience with pedestrian accidents and personal injury cases to work for you. Katy is our hometown, and we care deeply about the people who live here. When you or someone you love faces the aftermath of car accident injuries, it’s an honor to be part of the team that helps you rebuild your life.

To schedule your free consultation, please call our office at (281) 371-6345 or use the simple contact form on our website. We look forward to hearing from you!

References

Pedestrian safety. (n.d.). Texas Department of Transportation. Retrieved from https://www.txdot.gov/inside-txdot/division/traffic/safety/share-road/pedestrians.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

16 Questions to Ask Personal Injury Lawyer Candidates

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If you’ve requested a free consultation with a personal injury attorney, asking the right questions in this meeting can make the difference between hiring an attorney who can handle your case and one who can’t.

In this article, we provide 16 questions to ask a personal injury attorney before you hire them. Keep this list handy as you seek out the best legal representation for your case.

1. How Long Have You Practiced Personal Injury Law?

How Long Have You PracticedYour personal injury attorney should have experience representing injured people. Your case shouldn’t be their first. And if you have significant injuries, they should have enough experience to handle your case with expertise, tenacity, and empathy, even in the face of big insurance companies and other people that would take advantage of injured people.

The team at Will Adams Law Firm has been practicing personal injury law in the Greater Katy Area for over 25 years, so we’re ready to take on all types of cases.

2. What Types of Personal Injury Cases Do You Handle?

Your personal injury attorney should be skilled and experienced at handling your type of accident. When you’re speaking with an attorney about your options, they should be able to speak clearly, calmly, and precisely about your case and others they’ve handled. If the attorney hasn’t handled your type of case before, it’s a sign that you might want to consider finding someone else to represent you.

3. Does Your Law Firm Have a Track Record of Success?

Track Record Of SuccessThe attorney you’re speaking with should have a track record of successful suits and settlements. They should be able to describe what typically happens in cases like yours, how they’ll handle challenges that come up, and ways they can support you throughout the process. If the attorney can’t confidently describe past success, (or how they’ll use that experience to build you a successful case) it’s a sign to consider hiring someone else.

4. Do You Offer a Free Initial Consultation?

It’s extremely rare for personal injury lawyers to charge for the initial consultation, and when they do, it’s a red flag. Case reviews and consultations are for you to meet the attorneys to see if you want to hire them, and for the lawyer to decide if they want to take your case. You should never have to pay for this, especially as you deal with a serious injury. If the firm asks you to, it’s a signal to stay away.

5. How Much Money Is My Personal Injury Claim Worth?

Several factors go into determining how much an injured person should demand from the at-fault party. While a personal injury lawyer can’t promise anything, they should be able to give you a sense of your claim’s value after an initial consultation. At that point, they can probably explain where they’d first look for compensation. If a candidate promises to secure a certain amount of money, that’s a red flag.

6. Do You Have any Accreditations that Set You Apart as a Personal Injury Attorney?

Do You Have any AccreditationsPersonal injury firms exist throughout the state of Texas, and it’s not always clear what sets one potential lawyer apart from another. One way is to look for special awards, certifications, or accreditations.

Board certification is one of the most meaningful credentials in this field, as any legal professional holding it is dedicated to continuing education and representing personal injury cases at the highest level. At Will Adams Law Firm, we are proud to have a double board-certified trial lawyer serving local clients and the greater Katy area.

7. Who From Your Firm Will I Be Working With on My Case?

When you hire an attorney, you’ll likely also work with other members of their legal support team in addition to the attorney themselves. This isn’t a red flag, but the attorney should be upfront about who you’ll be working with when you ask.

8. How Would You Describe Your Relationship with Other Katy, Texas Lawyers?

A proven law firm will have established, friendly relationships with other local and regional firms. Even if they are technically competitors, most personal injury lawyers will, at some point, refer potential clients to other professionals in a better position to take the case. They don’t have to gush over other attorneys when they answer this question, but they shouldn’t be disparaging or disrespectful.

9. What Other Industry Experts Do You Work With During Personal Injury Cases?

Even the most experienced lawyer doesn’t know everything about car accidents or the injuries they cause. In order for an attorney to best present your case, they should connect with medical professionals, accident reconstructionists, and others who can offer insight into specific situations.

10. How Often Will I Receive Updates on My Personal Injury Case?

Your lawyer should keep you in the loop whenever things change with your case. Discuss the best ways to communicate, such as phone calls, email, and text, and learn if the firm will meet your needs. Also, don’t hesitate to ask the personal injury attorney questions as they arise during your case.

11. Will I Speak Directly to My Personal Injury Lawyer Throughout the Case?

Will I Speak Directly to My Personal Injury LawyerYours may not be the only licensed attorney at the firm, and some offices have paralegals and assistants seeing to certain aspects of their cases. Yet, when you work with a smaller firm, you’re more likely to hear directly from the person you selected to head up your case. At Will Adams Law Firm, we pride ourselves on being a small, family practice where clients can expect a lot of personalized attention.

12. Does My Personal Injury Case Present any Unique Challenges?

An experienced attorney has dealt with a range of unique challenges, and you may wonder if they see any in your case. Feel free to ask how the legal system, and the firm, will deal with specific challenges.

13. How Long it Will Take to Settle My Personal Injury Lawsuit?

There’s no formula for how long it will take to settle a personal injury lawsuit. It depends on the specific factors in your case, such as the severity of injuries, past and future medical expenses, and the limits of relevant insurance policies. The timeline will also depend on whether your case settles or goes to trial.

14. How Often Do Your Cases Go to Trial?

Just because you file a lawsuit, it doesn’t mean your case will end up in a court room. Most of the time, the parties come to an agreement (a settlement) without a judge and jury. However, every now and then, settlement negotiations break down, and the situation calls for a trial. Our team takes this very seriously and invites you to visit our results page to see roughly how many cases require a trial.

15. What Is Your Fee Structure?

Most personal injury lawyers are paid on a contingency fee basis. This means they only get paid if they win money for you on your behalf, either through a settlement or jury verdict. The contingency fee is typically around one-third of your settlement or verdict.

If a lawyer requires that you pay for their services, even if they don’t win for you, it’s a red flag.

16. Where Can I Read Reviews from Previous Clients?

Where Can I Read ReviewsDuring the process of hiring a personal injury firm, check out their website and online presence to find reviews from a range of sources. While the website isn’t likely to post bad reviews, you should be able to find a balanced selection when you add reviews from Google, Yelp, or Facebook.

When You Need Answers, Ask Will Adams Law Firm

Let us put our decades of experience to work for you. The team at Will Adams Law Firm is dedicated to helping injured people in our hometown of Katy, which has been our home for generations. We will be happy to discuss your case and answer any questions you may have about it or our firm.  

To schedule a complimentary case evaluation, please call (281) 371-6345 or use the easy contact form on our website. We look forward to hearing from you! 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Can You Sue Someone if You Fall on Their Property?

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can you sue someone if you fall on their propertyIf a dangerous situation caused you to get hurt on someone else’s property, the short answer is yes, you can sue the property owner.

Of course, a range of details and circumstances will influence whether your specific slip and fall case may lead to a lawsuit. These situations are not always straightforward, and the guidance of an experienced personal injury attorney can make a huge difference.

Keep reading to learn about suing after a slip and fall accident, what the law says in Texas, and how a personal injury lawyer can help.

What Is a Slip and Fall Personal Injury?

can you sue someone if you fall on their propertyA slip and fall on someone else’s property involves premises liability law. Premises liability is the concept that a property owner is responsible for injuries and other damages that happen on their property, but only in certain circumstances. Slips and falls are one premises liability incident, but other types include poor security, elevator and escalator accidents, toxic fumes, and pool incidents. However, the phrase “slip and fall” is commonly used to describe all types of premises liability claims.

While filing a lawsuit against a property owner is possible after a slip and fall, not every personal injury claim goes that far. If you and your personal injury attorney reach an agreement with the property owner and their insurance company, you may settle the case with only mediation and negotiation. Still, if these conversations break down, you might have to file a personal injury lawsuit.

Let’s dig into how responsibility (liability) works in Texas.

Who Is Responsible for a Slip and Fall Accident on Someone Else’s Property, Me or the Property Owners?

can you sue someone if you fall on their propertyA property owner must keep their property safe for anyone who has the right to be there. This is called a “duty of care.” Local governments keep public spaces, like sidewalks or the post office, safe. Business owners maintain their shops and restaurants for customers. Homeowners repair dangerous conditions as needed to protect their loved ones and guests.

At the same time, most reasonable people can’t possibly be responsible for any mistake people might make, like tripping on a step while carrying a full basket of laundry. We’re expected to be mindful of our surroundings and make reasonable judgement calls. It’s common sense to watch where you’re walking, pay attention to signs warning of hazards, and move carefully through unfamiliar spaces.

These are reasonable expectations. The term “reasonability” comes up often in slip and fall cases; it refers to how property owners and visitors to the property are expected to behave.

No matter if you’re dining at a restaurant, getting groceries, or simply enjoying the apartment you live in, you deserve to feel safe, and to be aware of any potential hazards so you can avoid them. It’s when owners neglect these basic duties that they become responsible for your slip and fall.

Who Is Responsible for a Slip and Fall Accident on Someone Else’s Property in Texas?

In the state of Texas, the legal framework governing slip and fall accidents falls under a category of law known as premises liability. 

This area of law dictates that property owners and occupants have a legal obligation to ensure their environment is safe for those who enter. However, determining who is “at fault” is rarely a black-and-white issue. 

Texas law balances the responsibilities of the owner against the personal responsibility of the visitor. Whether you are a customer in a retail store, a guest at a private residence, or a pedestrian on a public walkway, understanding your rights requires a deep dive into Texas statutes, the classification of visitors, and the rigorous standards of “reasonableness” applied by Texas courts.

The Core Concept: Duty of Care in Texas

A property owner’s primary responsibility is to maintain their premises in a condition that does not pose an unreasonable risk of harm. This is legally defined as a “duty of care.” Under Texas common law and reinforced by various court precedents, the level of care an owner owes you depends entirely on your reason for being on the property. In Texas, visitors are generally divided into three categories: invitees, licensees, and trespassers.

An invitee is someone on the premises for the mutual benefit of both parties, such as a shopper in a grocery store. This group is owed the highest duty of care. A licensee is someone there for their own purposes with permission, like a social guest. A trespasser has no permission to be there and is generally owed the lowest duty of care—only that the owner does not willfully or wantonly injure them.

When Is the Property Owner Responsible?

The property owner is responsible for your slip and fall injury if they fail to meet the standard of care required for your visitor status. To hold an owner liable in Texas, a plaintiff must typically prove that the owner had “actual or constructive knowledge” of a dangerous condition. According to the Texas Supreme Court, negligence is established if the owner knew of the hazard or should have known about it through reasonable inspection.

Responsibility is usually triggered by one of the following scenarios:

  • Creation of the Hazard: An employee mops a floor but fails to put up a “Caution: Wet Floor” sign.
  • Actual Knowledge: A customer informs a manager about a spilled drink, but the manager fails to clean it up or cordon off the area within a reasonable timeframe.
  • Constructive Knowledge: A leak in a ceiling has been dripping for hours, creating a large puddle. Even if no one reported it, the owner “should have known” about it if they were performing reasonable inspections.

Factors Determining Owner Liability

Texas courts look at several variables to decide if an owner acted reasonably. One of the most significant factors is the “Time-Notice” rule. If a grape falls on a grocery store floor and you slip on it ten seconds later, the owner is likely not liable because they did not have a reasonable amount of time to discover and remove it. However, if that grape has been stepped on multiple times and looks “smeared,” it suggests it has been there a long time, increasing the owner’s liability.

Other factors include:

  1. Did the owner have a regular cleaning and inspection log?
  2. Was the lighting adequate for a person to see the floor clearly?
  3. Was the hazard “open and obvious”? In Texas, if a danger is so plain that any reasonable person would see and avoid it, the owner may not have a duty to warn you about it.

The Role of Texas Statutes: Chapter 75 and Beyond

While much of premises liability is based on case law (decisions made by judges), the Texas Civil Practice and Remedies Code provides specific statutes that can impact a case. For example, Chapter 75, also known as the “Recreational Use Statute,” limits the liability of landowners who open their property to the public for recreation (like hunting or hiking). In these cases, the owner is only liable if they are “grossly negligent.”

Furthermore, Chapter 95 of the same code provides special protections for property owners against claims made by independent contractors. If you are an electrician working on a building and slip, the owner might not be liable unless they exercised “control” over your work and had actual knowledge of the danger.

When Is the Injured Person Responsible?

While owners have duties, visitors also have a legal obligation to exercise “ordinary care” for their own safety. You cannot walk through a world with your eyes closed and expect to be compensated for every stumble. Texas law expects you to be mindful of your surroundings.

You might be held responsible, or partially responsible, if:

  • You were distracted by your phone or another device.
  • You entered an area marked with “Keep Out” or “Employees Only” signs.
  • The hazard was so obvious that you should have seen it (the “Open and Obvious” doctrine).
  • You were wearing inappropriate footwear for the conditions (e.g., high heels on a construction site).

Understanding Proportionate Responsibility in Texas

The most critical statute for an injured person to understand is Texas Civil Practice and Remedies Code § 33.001, which outlines the rule of Modified Comparative Negligence (often called the “51% Bar Rule”). 

In Texas, a jury is asked to assign a percentage of fault to both the plaintiff and the defendant. Your total compensation is then reduced by your percentage of fault. However, if your fault is found to be 51% or greater, you are legally barred from recovering any money at all.

Example: If a court determines your total damages (medical bills, lost wages, pain) are $100,000, but they find you were 30% at fault because you were texting, you will only receive $70,000. If they find you were 51% at fault, you receive $0. This makes the presentation of evidence regarding your behavior during the incident incredibly important.

Proving Your Case: The Burden of Proof

In a Texas slip and fall case, the “burden of proof” lies entirely with the injured person (the plaintiff). You must prove by a “preponderance of the evidence” (meaning it is more likely than not) that the property owner’s negligence caused your injuries.

This requires evidence such as:

  • Surveillance Footage: Showing how long a spill sat on the floor before you arrived.
  • Witness Statements: People who saw the fall or noticed the hazard beforehand.
  • Maintenance Records: Proving the owner skipped scheduled inspections or ignored recurring leaks.
  • Photographs: Capturing the scene exactly as it looked at the time of the accident, including the lack of warning signs.

Public vs. Private Property: Special Rules

If you slip on a sidewalk or inside a government building, different rules apply. Claims against government entities in Texas are governed by the Texas Tort Claims Act (Chapter 101 of the Civil Practice and Remedies Code). 

Filing a claim against a city or the state is significantly more difficult than suing a private business.

There are strict “notice” requirements—sometimes as short as 30 to 90 days—where you must formally notify the government of your intent to sue. Additionally, the amount of money you can recover is capped by state law. These protections exist to shield the public treasury, but they can be a major hurdle for injured citizens seeking justice.

Why “Reasonability” Matters

The term “reasonability” is the heartbeat of Texas personal injury law. Because every property is different, the law doesn’t have a rigid checklist for every floor. Instead, it asks: “What would a person of ordinary prudence do in this situation?”

A “reasonable” homeowner wouldn’t necessarily mop their porch during a rainstorm, but a “reasonable” grocery store owner would be expected to put out mats near the entrance when it starts raining. 

This flexibility allows the law to adapt to different environments, but it also makes these cases highly complex and prone to intense debate in the courtroom regarding what “reasonable” maintenance looks like.

Protecting Your Rights After a Fall

No matter who is ultimately at fault, the steps you take immediately following a slip and fall in Texas are vital for your potential legal claim. First, report the accident to the property owner or manager and ensure an incident report is filed. Second, seek medical attention immediately; some injuries, like concussions or internal bruising, may not be apparent until days later.

Third, avoid making detailed statements to insurance adjusters or signing releases without professional guidance. The goal of an insurance company is often to maximize its percentage of fault to trigger the 51% bar rule. Early documentation of the scene and your injuries is the best defense against these tactics.

Balancing the Scales

Responsibility for a slip and fall in Texas is a shared spectrum. While property owners have a heavy burden to maintain safe premises under the duty of care, the state’s comparative negligence laws (Texas Civil Practice and Remedies Code § 33.001) ensure that visitors must also remain vigilant.

Because the difference between 49% fault (where you get paid) and 51% fault (where you get nothing) is so slim, these cases often turn on the smallest details. If you have been injured, it is in your best interest to work with an experienced personal injury lawyer who understands the nuances of the Texas Civil Practice and Remedies Code and can help present your case in the most favorable light.

Does it Matter if the Fall Happens on Private or Public Property?

slip and fall accidentWhether you slip and fall on residential, commercial, or public property, you have the right to sue the property owner if their negligence contributed to your injuries. Further, you should always report the hazard to someone who can address it before someone else is hurt.

The differences begin when it comes to who is responsible and how they will compensate you. On private property, such as a home or store, it’s relatively easy to connect with the owner and negotiate the claim. On public property, like a city playground or government building, you’re fighting an entity with significant financial and legal resources to push back on your claim.

From the complications of a fall on public property to the social challenges of filing a claim against someone you know personally, an experienced personal injury attorney can guide you through the process of a slip and fall lawsuit. Not only will this simplify the process, it will increase your chance of getting the compensation you deserve.

Contact Will Adams Law Firm When It’s Time to File a Lawsuit

We hope you never get injured in a slip and fall or have to file a lawsuit. However, if it does happen, we’re ready to offer the help you need with dedication to the attorney client relationship. Because this is a complicated process that most people aren’t familiar with, working with a lawyer is the best way to ensure you build a good case while also focusing on your physical healing.

To schedule your free consultation with our law firm today, call (281) 371-6345 or complete the simple contact form on our website. We look forward to hearing from you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

What Happens if a Car Hits a Pedestrian in Texas (and How Much Is My Case Worth)?

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pedestrian accident liabilityPedestrian accidents are highly likely to be catastrophic—even at relatively low speeds. Out of 4,844 car-pedestrian accidents in Texas in 2020, at least 1,107 involved confirmed serious injuries, such as broken bones, traumatic brain injuries, or disfigurement. At least 719 resulted in a fatality.

If you’ve been hurt in a pedestrian accident, or someone you love has been hurt or killed, you may be entitled to significant compensation for your losses. However, navigating the laws surrounding pedestrian accidents and calculating a “fair” settlement isn’t always a straightforward process. And if your losses are severe, the last thing you’d want is to settle for an amount that’s far from adequate to meet your long-term needs.

In this blog post, we’ll take a close look at how the law treats car-pedestrian accidents, what kind of compensation you could receive, and why hiring a personal injury attorney can help protect your rights and maximize your settlement or verdict.

Pedestrian Accident Claims in Texas: Who Pays?

what happens if a car hits a pedestrianIn Texas, filing an insurance claim as an injured pedestrian—and the types of insurance available to cover your damages—is very similar to those who are involved in more traditional two-car accidents.

Since Texas is a tort state, the at-fault party bears the primary responsibility for paying medical expenses, wage losses, pain and suffering, and any other applicable damages related to the crash. If you were a pedestrian hit by a car, and the accident was not your fault, you would typically file a claim against the at-fault driver’s insurance company.

However, this is not the end of the story for many pedestrians. If the driver is uninsured (which is true for around one in six Texas drivers) or you’re the victim of a hit and run, there’s no source of liability insurance for you to make a claim against. And even if the driver is insured, Texas only requires a minimum of $30,000 in liability coverage per person (or $60,000 total for an auto accident with multiple victims). Since pedestrian accidents are often severe or fatal, this figure may be woefully inadequate to cover your damages.

Fortunately, there are other potential sources of insurance you may be able to turn to. If you have uninsured and underinsured motorist coverage (UI/UIM) or personal injury protection (PIP) on your own auto insurance, these policies could apply to your situation even though you weren’t in your car when the accident occurred.

A pedestrian accident attorney can help you identify all potential sources of insurance coverage so that you can receive the largest settlement possible.

Can a Pedestrian Be at Fault in an Accident in Katy, TX?

In the aftermath of a collision between a vehicle and a person on foot, there is a common misconception that the driver is always 100% liable. Because pedestrians are so vulnerable compared to several tons of steel and glass, public perception often swings toward the motorist being the sole “at-fault” party. However, under Texas law, the reality is more nuanced. In Katy, Texas, a pedestrian can indeed be found partially—or even primarily—at fault for an accident.

Understanding Texas Liability Laws

Texas operates under a legal doctrine known as modified comparative negligence, often referred to as the “51% bar rule.” This means that in any personal injury case, the court or insurance adjusters will assign a percentage of fault to every party involved.

If a pedestrian is found to be 20% at fault for an accident, their financial recovery will be reduced by 20%. Crucially, if the pedestrian is found to be 51% or more responsible for the incident, they are legally barred from recovering any compensation from the driver at all.

Scenarios Where a Pedestrian May Be Held Liable

While drivers have a “duty of care” to avoid hitting anyone on the road, pedestrians also have a legal responsibility to follow the Texas Transportation Code. A pedestrian in Katy might be held liable if they:

  1. Fail to Yield Right of Way: While pedestrians often have the right of way at marked crosswalks, they do not have a universal “free pass” to enter the road whenever they wish. If a pedestrian steps into the street when a “Don’t Walk” signal is active, they are violating traffic laws.
  2. Jaywalking: Crossing the street between two intersections with traffic signals (rather than at the corner) is a common cause of accidents. Drivers do not expect people to emerge from between parked cars in the middle of a block.
  3. Sudden Movement into Traffic: Even at a crosswalk, a pedestrian cannot suddenly leave a curb and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield. This is often seen in cases involving intoxication or extreme distraction (such as looking at a smartphone).
  4. Walking in Restricted Areas: Certain high-speed roadways or construction zones in the Katy and Greater Houston area are strictly prohibited for pedestrian travel for safety reasons. Being in these areas significantly shifts the burden of liability onto the pedestrian.

The Role of Shared Responsibility

In many Katy accidents, fault is shared. For instance, a pedestrian might be jaywalking (25% at fault), but the driver who hit them may have been speeding or texting (75% at fault). In this scenario, the pedestrian could still recover 75% of their damages.

Because Katy is a rapidly growing area with a mix of quiet suburban streets and high-traffic thoroughfares like I-10 and the Grand Parkway, these accidents are complex. Factors like lighting, weather, and camera footage from nearby businesses often play a role in determining the final “fault percentage.”

How Texas Law Affects Your Pedestrian Accident Case

Texas is a modified contributory negligence state. You can only recover financial compensation to cover your losses if you’re found to be 50% or less at fault for the accident. Furthermore, the amount of damages you can recover are reduced by your share of fault. For example, if you’re claiming $100,000, and a jury finds you 25% responsible, you can only recover $75,000.

Personal injury cases where fault is shared or unclear are frequently contentious and often take longer to resolve. Working with an experienced personal injury lawyer can help you protect your legal rights and work toward a fair resolution.

What Is an Average Settlement for a Pedestrian Hit By Car Accident?

Talking about average pedestrian accident settlement values isn’t really all that useful, simply because the range of possible outcomes is so vast. Every pedestrian accident case is unique, and the ultimate amount that the case will settle for is depending on a huge number of factors.

Some of the factors that go into calculating a fair settlement amount includes:

  • Your medical bills—both those you’ve already received, and those that you’re likely to receive in the future.
  • The total value of your projected lost wages, now and in the future.
  • Non-economic damages, such as pain and suffering or emotional distress. These are more likely to be added if your injuries have a significant, long-term impact on your quality of life and daily routine (for example, keeping you from enjoying hobbies or altering the nature of your previous relationships).
  • Punitive damages, if the driver engaged in especially reckless or malicious behavior like excessive speeding or driving drunk.

As discussed above, the size of your payout may also be limited by the percentage of fault that you share for the accident, as well as the combined policy limits of any insurance policy that is available to you.

Trying to calculate a fair settlement value without the help of an experienced attorney can be particularly difficult. While current medical bills are easy to calculate, future economic losses are uncertain, and pain and suffering losses are subjective.

If you accept a settlement offer, you will give up your right to negotiate or sue for more compensation later. For this important reason, making sure you’re getting a fair deal is extremely important. You don’t want to be in a position where your settlement check has run out but you’re still struggling with the consequences of your injury five or 10 years down the line.

What if a Loved One Was Killed in a Pedestrian Accident?

average settlement for pedestrian hit by carIf a pedestrian accident results in a fatality, close family members (or in some cases the estate of the deceased) may be able to file a wrongful death claim. In Texas, specifically, the spouse, parents, or children of the deceased are eligible to file together or separately. If none of these individuals file within three months, a case may be filed by the person representative (or executor) of the deceased’s estate.

Wrongful death cases are similar to personal injury cases in many ways. A wrongful death claim can include:

  • Medical treatment expenses incurred before death
  • Lost wages, earning capacity, or inheritance that the deceased would have been able to provide
  • Loss of care, guidance, or companionship
  • Pain and suffering experienced by loved ones of the deceased as a result of the death
  • Punitive damages

Again, while there’s no way to truly replace a loved one, calculating “fair” compensation for wrongful death under the law can be extremely difficult without an experienced wrongful death attorney to advise you.

What if the Accident Results in Criminal Charges?

Pedestrian accidents often lead to arrests and criminal charges or proceedings. This is true if the crash resulted in a death, or alcohol was involved.

It’s important to understand the criminal charges or trials are not related to civil proceedings, such as personal injury and wrongful death. Injured individuals or family members of the deceased receive no compensation for a criminal case. If you want compensation, you must file a civil lawsuit.

You should also understand that a verdict or guilty or not guilty in a criminal case does not necessarily guarantee the success or failure of a personal injury or wrongful death case. Again, these are separate kinds of cases tried in separate courts. The standard of proof is also different—in criminal cases guilt must be established “beyond a reasonable doubt,” whereas in civil cases the plaintiff must only prove that fault is more likely than not.

Will Adams Law Firm works exclusively with civil cases. We cannot help you with any criminal proceedings, but we can help you fight for fair compensation if you’ve been hurt by someone else’s negligence.

Hit By a Car? Let the Will Adams Law Firm Team Help

If you or a family member were hit by a motor vehicle as a pedestrian, you deserve experienced legal representation and a pedestrian accident lawyer who can help you navigate personal injury claims processes, negotiation with insurance company adjusters on your behalf, and fight for fair compensation—whether it comes through an injury settlement or a verdict at trial.

At a time like this, you should be focused on your health and recovery, and not on whether or not you’re getting a fair deal from the insurance company.

Our lawyers fight for seriously injured people throughout Texas and stand up for what’s right. Your case review is always free, and because we work on a contingency fee basis you never pay up front or out of pocket. If we do not recover a settlement or win at trial for you, there is no fee.

To request your free consultation, call us today at (281) 371-6345 or complete our simple online form.

References

Texas Department of Transportation (2021). Pedestrian and Pedalcyclist Injuries and Crashes 2020. Retrieved from https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2020/07.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Did I Get a Brain Injury After My Motorcycle Crash?

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motorcycle crash lawyer TexasSome of the most serious and devastating personal injury cases we handle involve motorcycle accidents. Without the added protection of an enclosed vehicle, bikers are particularly vulnerable to life-changing injuries and impairments after an auto accident.

But not all motorcycle crash injuries are obvious on the outside. A traumatic brain injury, or TBI, can keep you from enjoying your life just as easily as a broken arm or torn muscles and tendons.

Head injuries aren’t always obvious in the first few hours or even days after an accident. But if you suspect there’s even a chance you’re suffering from a TBI, make sure you seek medical attention immediately. Then, speak with an experienced Texas motorcycle accident lawyer. Getting your injuries documented and treated as soon as possible can significantly improve your odds of a successful recovery—both medically and financially speaking.

Keep reading to learn more.

5 Signs You Might Have a Brain Injury After Your Motorcycle Crash

motorcycle accident texasThe human brain is an extremely complex organ, directly involved in controlling or regulating almost every body function—memory, emotional control, motor skills, language skills, all your senses, and so much more.

For that reason, the symptoms of a TBI can vary wildly from person to person, depending on what region of the brain has been injured, as well as the severity of the injury.

Keep an eye out for these possible indications you may have a TBI:

1. You Hit Your Head or Suffered Whiplash in the Crash

Simply hitting your head doesn’t guarantee that you’ll suffer a TBI. But head trauma, or having your head and neck whip violently, is a common precursor to these types of injuries—particularly if you experienced a loss of consciousness during or after the accident.

It’s important for bikers to understand that motorcycle helmets don’t necessarily protect against TBIs. Helmets are great at defending the skull against external traumas, such as skull fractures. But many TBIs (particularly concussions) are the result of collisions between the brain and the inside of the skull, often due to rapid acceleration or deceleration of the head. So, if you got in an accident while wearing a helmet, it’s still possible you have a TBI from the crash.

2. You’re Experiencing Pain or Sensory Issues

In many cases, TBIs can directly cause physical pain or disturbances to your senses. Common symptoms that you might experience after a TBI or concussion include:

  • Headaches
  • Nausea
  • Dizziness
  • Blurry vision
  • Difficulty with balance or coordination
  • Oversensitivity to light or noise
  • Ringing in the ears
  • Changes in your sense of taste and smell
  • Seizures or convulsions

If you have any of these symptoms, go to the doctor as soon as you can.

3. You’re Having Cognitive Difficulties

The brain is critically important for thinking, processing and remembering information. If you’re worried that you or someone you love may have a brain injury, look for signs such as:

  • Memory loss
  • Slurred speech
  • Difficulty concentrating

Even symptoms like constantly feeling confused, disoriented, or even just “foggy” can be signs of a brain injury.

4. You’re Experiencing Social or Emotional Distress

Your brain is a big part of who you are, how you act and behave, how you interact with others, and how you manage stress and emotions. When certain areas of the brain are damaged, you may experience social or emotional struggles such as:

  • Mood swings and general loss of emotional control
  • Feeling depressed, anxious, or sad
  • Feeling constantly irritable or agitated
  • Personality changes

5. Your Sleep Habits Have Changed

Sleep disorders are extremely common among people who have suffered brain injuries—by some estimates, more than 60 percent of people with TBIs develop long-term sleep difficulties.

Some of these issues can include:

  • Difficulty falling or staying asleep (insomnia)
  • Excessive sleeping
  • Extreme sleepiness or drowsiness during the day, and sometimes even falling asleep suddenly and unexpectedly (narcolepsy)
  • Other significant changes in sleeping patterns

What to Do If You Suspect You or Someone You Love Has Brain Damage

brain injury from motorcycle accidentFirst, we strongly encourage all motorcyclists to seek out medical examination and care as soon as possible after an accident, even if symptoms seem minor and tolerable at first.

Should your injuries prove to be more severe than you first realized, getting that early checkup can be massively helpful for your recovery. It also protects you in case the insurance company tries to use the fact that you didn’t seek medical care right away as evidence that you’re exaggerating your injuries. (This tactic, sadly, is extremely common in TBI cases.)

Next, contact a personal injury attorney with experience representing motorcycle riders and motorcycle accident victims as soon as you’re able. The insurance company will want to settle as quickly as possible, for as little as possible, and if you aren’t properly represented you could wind up making costly mistakes.

What Are Recoverable Damages in a Katy, TX Motorcycle Accident Claim?

If you are involved in a motorcycle accident in Katy, Texas, you may be eligible to recover various types of damages to compensate for your financial, physical, and emotional losses. 

These typically include economic damages for medical bills and lost wages, non-economic damages for pain and suffering, and, in cases of extreme negligence, punitive damages. Understanding these categories is essential for securing a fair settlement.

Economic Damages

Economic damages are the objective, out-of-pocket financial losses resulting from your accident. Because these are tangible costs, they are usually proven through bills, receipts, and employment records.

In a Katy motorcycle accident claim, common economic damages include:

  • Medical Expenses: This covers emergency room visits, surgeries, hospital stays, and prescription medications. It also includes future medical costs if your injuries require long-term care or physical therapy.
  • Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you lost during your recovery.
  • Loss of Earning Capacity: If a disability prevents you from returning to your previous career or working at all, you may be entitled to compensation for the money you would have earned over your lifetime.
  • Property Damage: This covers the cost of repairing or replacing your motorcycle, helmet, and any other gear damaged in the crash.

Non-Economic Damages

Non-economic damages compensate you for the intangible, subjective impact the accident has had on your life. These are more difficult to quantify because they do not come with a specific price tag.

Common examples of non-economic damages in Texas include:

  • Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries and medical treatments.
  • Mental Anguish: This addresses the emotional toll of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
  • Disfigurement and Scarring: Many motorcycle accidents result in severe “road rash” or surgical scars that can cause lasting psychological and social distress.
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies or activities you once loved, you can seek damages for this loss.

Exemplary (Punitive) Damages

While economic and non-economic damages are meant to “make the victim whole,” exemplary damages—also known as punitive damages—are meant to punish the at-fault party.

In Texas, these are only awarded in rare cases where the defendant’s conduct involved “gross negligence,” malice, or fraud. For example, if the driver who hit you was extremely intoxicated or intentionally trying to cause harm, a court might award punitive damages to deter others from similar behavior.

How Comparative Negligence Affects Your Claim

Texas follows a “modified comparative negligence” rule, often called the 51% bar. This law can significantly impact the amount of money you actually receive.

Under this rule, you can still recover damages as long as you are not more than 50% responsible for the accident. However, your total compensation will be reduced by your percentage of fault. For instance, if you are awarded $100,000 but are found to be 20% at fault (perhaps for speeding), you would receive $80,000. If you are found to be 51% or more at fault, you are barred from recovering any compensation at all.

The Importance of the Statute of Limitations

In Katy and throughout the state of Texas, you generally have two years from the date of the motorcycle accident to file a personal injury lawsuit.

Failing to file within this window usually means you lose your right to seek compensation through the court system. Because evidence can disappear and memories can fade, it is often beneficial to begin the claims process as soon as possible after the incident.

How a Motorcycle Accident Attorney Can Help You Protect Your Rights

In many ways, brain injury cases can be much more complicated than other types of injuries.

The symptoms of a brain injury can be debilitating, long-lasting, and cause substantial pain and suffering and mental anguish. In addition to medical bills, the constant headaches, inability to concentrate, and memory loss can make it nearly impossible to continue life as normal. Long-term care is often required—potentially for the rest of your life.

If you’ve suffered a TBI in an accident that wasn’t your fault, you absolutely deserve to be compensated to the fullest extent allowable under the law for these very real losses.

Accurately calculating the long-term economic costs and non-economic pain and suffering resulting from a TBI is not a simple matter. You can bet the insurance adjuster is going to work as hard as possible to keep your payout as small as possible.

Successfully proving your case may require special medical testing, multiple expert witnesses, the testimony of multiple close friends and family members, and more. You may also need to overcome persistent, unfair biases against motorcyclists when determining fault in an accident.

RELATED: How Will Texas Motorcycle Laws Affect My Personal Injury Case?

Managing all these complex factors can be overwhelming for someone without legal experience—particularly one just trying to heal from their injuries. By enlisting the help of an experienced personal injury lawyer, you not only greatly increase your chances of getting a fair settlement or trial verdict, but can also put your focus where it needs to be: healing.

Will Adams Law Firm Fights for Injured Bikers

For more than 25 years, the Will Adams Law Firm has been fighting (and winning) for individuals injured in motor vehicle accidents, including bikers and motorcyclists. We work tirelessly to keep negligent drivers, truckers, and companies accountable for their actions and get our clients the compensation they deserve. If the insurance company isn’t willing to offer a fair settlement, we’re more than able to take them on at trial.

Although the effects of a severe traumatic brain injury can’t always be undone, you should not have to continue paying for someone else’s careless or reckless mistake. Call us today at (281) 371-6345 or complete our simple online form to request your free consultation today.

References

Model Systems Knowledge Transition Center. TBI Fact Sheets: Sleep and Traumatic Brain Injury. Retrieved from https://msktc.org/tbi/factsheets/sleep-and-traumatic-brain-injury

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

How Long Do I Have to File a Personal Injury Claim in Texas?

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If you or someone you know has been injured in a car accident, commercial vehicle wreck, or another incident because of someone else’s negligence, you only have a limited time to file a legal claim and demand compensation. Once this time passes, the courts may dismiss your lawsuit, making it impossible to get compensation for your physical, emotional, and financial losses.

In this blog, we’ll discuss what the phrase “statute of limitations” means, how long you have to file a personal injury claim in Texas, and why you should contact the skilled attorneys at Will Adams Law Firm for help navigating your case.

What Is a Statute of Limitations?

The statute of limitations is the maximum length of time you have to file a lawsuit. State set different timelines for different types of cases. If you have a legal claim under Texas law, the following deadlines might apply:

  • Personal injury: two years from the date of the incident (such as the date of your car accident)
  • Wrongful death: two years from the person’s death
  • Cases against the government: provide notice within six months of the time of injury

statute of limitations personal injuryIn certain types of cases, like product liability claims involving a dangerous or defective device, other technical rules, like statutes of repose, can impact your claim’s time limits. When in doubt, consult with an experienced personal injury lawyer—they can help you ensure that your lawsuit is filed in time.

If you miss your deadline, you might lose your right to compensation.

For example, suppose you file a personal injury lawsuit three years after your car crash. You got busy and just didn’t file your lawsuit within the two-year window. While the clerk will accept your documents and filing fee, the insurance company’s lawyer could quickly file paperwork with the court, called a motion for summary judgment. This document will explain how you missed your filing deadline and asks the judge to dismiss your case. Unless you fall into a rare exception, the judge might grant this request—ending your legal claims.

Are There Exceptions to the Two-Year Statute of Limitations in Texas?

In Texas, personal injury claims generally must be filed within two years, but certain rare exceptions allow for “tolling” the clock. These primary exceptions apply to minors, who gain additional time upon reaching adulthood, and individuals of unsound mind. Furthermore, the limitations period may pause if a negligent party leaves the state. However, strict adherence to the standard deadline is usually necessary to preserve your right to legal recovery.

Understanding the Two-Year Rule in Texas

In the State of Texas, the statute of limitations for personal injury cases—ranging from car accidents to slip-and-falls—is strictly governed by the Civil Practice and Remedies Code. Specifically, Section 16.003 dictates that a person must bring suit not later than two years after the day the cause of action accrues. While this two-year window might seem generous, the complexities of gathering evidence, negotiating with insurance companies, and preparing a formal complaint mean that time disappears quickly. Missing this deadline typically results in the permanent loss of your right to seek compensation. However, the law recognizes that certain circumstances make it impossible or unfair to expect a filing within that window.

The Exception for Minors

One of the most frequently applied exceptions involves “legal disability” due to age. Under Texas law, the statute of limitations does not begin to run against a minor (anyone under the age of 18) at the time of the injury. Instead, the limitations period is “tolled,” or paused, until the individual reaches the age of majority.

Once the minor turns 18, the two-year clock begins to tick. This effectively gives them until their 20th birthday to file a lawsuit for injuries sustained during childhood. It is important to note a critical caveat: this tolling provision is personal to the minor. If a child unfortunately passes away due to their injuries, the tolling ends. The next of kin or the estate’s representative does not get the benefit of the extension; they must typically file a wrongful death claim within two years of the date of death.

Mental Incompetence and “Unsound Mind”

Similar to the protections for minors, Texas law provides relief for those suffering from a mental disability. If a person is of “unsound mind” at the time the cause of action accrues, the statute of limitations is tolled. The clock only begins to run once the disability is removed—meaning the person regains mental competency. Proving an “unsound mind” in a legal context is a high hurdle, usually requiring significant medical evidence and expert testimony to demonstrate that the individual was unable to manage their affairs or understand their legal rights.

The Absence of the Defendant

A less common but vital exception occurs when the negligent party leaves the state. If the person who caused the injury departs from Texas after the incident but before a lawsuit can be filed, the time of their absence may not be counted as part of the two-year period. This provision is designed to prevent defendants from “running out the clock” by simply hiding across state lines where Texas process servers cannot easily reach them. Once the defendant returns to the state, the countdown resumes.

The Discovery Rule

While not always applicable to standard personal injury cases, the “Discovery Rule” is another exception often discussed. This applies when an injury is inherently undiscoverable at the time it occurs. In such cases, the statute of limitations may not begin until the plaintiff knew, or through the exercise of reasonable diligence should have known, of the injury.

When an Attorney Misses the Deadline

If you have already retained legal counsel and they fail to file your lawsuit before the statute of limitations expires, the consequences are severe. Because the court will likely dismiss your personal injury case, your only remaining path for recovery may be a legal malpractice claim against your attorney. To succeed, you must generally prove the “suit within a suit” strategy: demonstrating that had your lawyer filed on time, you would have likely won your original personal injury case.

When Should I Consult With a Personal Injury Lawyer?

Two years might sound like a lot of time, but you should contact a lawyer long before your statute of limitations expires.

texas personal injuryFirst, as time passes, memories will fade and evidence will disappear. If you wait a year or more to contact a lawyer, you might miss out on valuable information that could strengthen your case. For example, trucking companies only have to hold on to the drivers’ logbooks, maintenance records, and GPS data for a limited amount of time. This information, which can pinpoint the company’s errors and missteps could be long-gone if you wait too long.

Second, it takes time to build a strong legal strategy. Our lawyers might need to do detailed legal research, consult with expert witnesses, talk to your doctors, order medical records, and interview witnesses. It’s not a good idea to rush this process—and the more time we have, the better.

Contact Will Adams for Assistance With Your Complex Personal Injury Case

A personal injury can have severe and prolonged effects, and a wrongful death leaves the victim’s friends and family devastated and forever changed. And while you can never undo the wrong done to you or your loved one, filing a successful personal injury claim is the closest you can get to achieving justice on their behalf.

If you’ve been injured as a result of another person’s negligence, you should contact a proven and experienced personal injury attorney to help file your claim. With the amount of evidence collection, witness testimony, depositions, and medical treatment involved in your claim, things can get very complicated very quickly. A skilled lawyer can handle all of this and more and even take your case to trial if the insurance company fails to offer a fair settlement offer.

At Will Adams Law Firm, we have helped thousands of personal injury victims recover just compensation. Please call (281) 371-6345 or complete this brief form today to schedule your free consultation where we can discuss the details of your claim, offer sound legal advice, and begin building your case.

How Will Texas Motorcycle Laws Affect My Personal Injury Case?

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texas motorcycle lawsGetting in a motorcycle crash is terrifying, and even more so when you’re uncertain about how the laws affect your future and your case. Unfortunately, the Greater Houston area ranks near the top of the list for fatal and serious motorcycle wrecks.

Texas law is meant to protect people who’ve been hurt because of other driver’s bad choices, but when insurance companies and other people want to avoid taking responsibility for their actions, they can try and use these laws to deny you the compensation you deserve.

In this blog, we outline what you need to know about Texas motorcycle law, how it affects your case, and what you can do next to protect yourself and your future.

State of Texas Motorcycle Law: The Basics

If you ride a motorcycle in Texas, you are likely already familiar with the sense of freedom that comes with the open road. However, that freedom is governed by a specific set of statutes that differ significantly from those applying to standard passenger vehicles. Understanding these state laws is not just a matter of legal compliance; it is a fundamental component of rider safety and a critical factor in determining your options should you ever be involved in a motorcycle crash.

Licensing, Registration, and Financial Responsibility

The foundation of legal riding in the Lone Star State begins with proper documentation. In Texas, operating a motorcycle or moped requires a Class M driver’s license. Obtaining this endorsement typically involves completing a basic motorcycle safety course approved by the Texas Department of Public Safety (DPS). Beyond the operator’s credentials, the vehicle itself must be street-legal, which includes a valid registration sticker displayed on the license plate and an annual safety inspection.

Financial responsibility is perhaps the most critical administrative requirement. Texas law mandates that all bikers carry a minimum level of motorcycle liability insurance. The current minimums are often referred to as “30/60/25” coverage:

  • $30,000 for bodily injury to or death of one person in an accident.
  • $60,000 for bodily injury to or death of two or more persons in an accident.
  • $25,000 for damage to or destruction of the property of others.

While these are the legal minimums, they are often insufficient to cover the costs of a serious accident. We strongly encourage riders to consider higher limits and additional protections like Uninsured/Underinsured Motorist (UM/UIM) coverage, which protects you if the at-fault driver lacks adequate insurance.

Navigating the Texas Motorcycle Helmet Law

Texas has a unique approach to helmet requirements that balances state-mandated safety with adult rider choice. Under current law, riders and passengers between the ages of five and 21 must wear a helmet that meets Federal Motor Vehicle Safety Standard #218.

Once a rider reaches the age of 21, the law allows for a helmet exemption, provided specific criteria are met. To ride without a helmet legally, a person over 21 must:

  1. Successfully complete a motorcycle operator training and safety course.
  2. Be covered by a health insurance plan that provides at least $5,000 in medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle.

It is a common misconception that police can pull you over solely to check for these requirements. However, if you are stopped for another infraction, failure to produce proof of your exemption can lead to citations. Furthermore, from a personal injury standpoint, not wearing a helmet can sometimes be used by insurance companies to argue “comparative negligence,” potentially reducing the compensation you receive after a crash.

Passenger Regulations and Safety

Texas law is very specific about who can ride on the back of a bike. You may only carry a passenger if your motorcycle is designed to do so—meaning it must be equipped with a permanent passenger seat, or a separate seat firmly attached to the rear or side of the operator. Additionally, the bike must have footrests and handholds specifically for the passenger.

Age restrictions are also strictly enforced: children under the age of five are prohibited from riding as passengers. For passengers between the ages of five and 21, the helmet requirement is absolute, regardless of the operator’s age or insurance status. As a rider, you are legally responsible for ensuring your passengers adhere to these safety standards.

The Dangers of Lane-Splitting

A frequent point of confusion for riders moving to Texas from states like California is the legality of “lane-splitting”—the practice of driving between rows of stopped or moving traffic in the same lane. In Texas, lane-splitting is illegal.

The Texas Transportation Code requires that all vehicles remain within a single lane. While lane-filtering (moving to the front of a line of stopped traffic at a red light) is a topic of ongoing legislative debate, it currently remains outside the bounds of legal operation in most jurisdictions. Beyond the legal risks, lane-splitting in Texas is dangerous because drivers of larger vehicles often do not expect a motorcycle to appear between lanes, significantly increasing the risk of “sideswipe” accidents.

Prioritizing Your Wellbeing

While these laws represent the bare minimum required by the state, true safety requires going further. We encourage all motorcyclists to wear full protective gear, including padded vests, reinforced jackets, and gloves. These items may not prevent a crash, but they can be the difference between a minor bruise and a life-altering road rash or fracture.

Every motorcycle accident is a unique and complex event. If you have been involved in a crash, the laws outlined here will play a major role in how insurance companies and courts view your case. If you have questions about your rights or how to navigate the aftermath of an accident, please contact us to discuss your situation and learn how we can help you recover.

Know Your Rights and Options After a Crash

Thanks to enduring biases against motorcyclists, you can do everything right, and still be blamed for the accident that caused you harm. This is because reckless drivers know that they can get out of being held accountable if they can blame part of the reason for the crash on the motorcyclist.

In Texas law, drivers owe other people on the road a “duty of care,” meaning they must follow the rules of the road and keep others around them safe. A driver (or motorcyclist) is negligent and liable for your injuries if:

  • They violate this duty by driving recklessly
  • Their conduct injures you or someone you love
  • You have damages (such as medical bills, lost wages, pain and suffering, or more)

For your case to be successful, you must be able to prove all three of these elements.

While that might seem relatively simple, this is where Texas law gets complicated.

Texas’ Modified Comparative Negligence Law 

Know Your Rights and Options After a CrashAccidents are often nuanced, and rarely caused by one person, company, or defective part. More commonly, it’s multiple failures happening in concert that cause a crash. Texas’ modified comparative negligence law ensures injured people are compensated in proportion to their “level” of fault in the crash.

Let’s say you’re on your bike, going about five miles per hour over the speed limit, when you’re hit by a motorist driving drunk and going the wrong way down the highway. Your injuries, medical bills, lost wages, and pain and suffering amount to $250,000 in damages. However, because you were speeding at the time of the crash, you could be considered 5% responsible. Therefore, you would only be able to collect 95% of the damages available to you—$237,500.

In Texas, you can be up to 50% responsible for a crash and receive compensation. However, if you are 51% or more at fault, the insurance company doesn’t have to pay your damages.

When insurance companies and other parties want to reduce the amount of compensation they’ll be held responsible for, they’ll often blame the injured biker. Sometimes, they base their claims on things like speeding, and other times, it’s due to lane-splitting, helmet use, or passengers riding with you.

Even worse, the insurance companies often try to take advantage of motorcycle bias and blame even the most responsible bikers. Inaccuracies in the police report sometimes make it seem like the injured person was more responsible for the accident than they were—causing them to be denied the compensation they need and deserve.

If the Motorcycle Accident Wasn’t Your Fault, You Shouldn’t Have to Pay the Bill

If you’ve been injured in a motorcycle crash, you deserve to understand your options—whether you’re being unfairly blamed for the crash or not. Here are a few things you should know:

  • You have two years to file an insurance claim or lawsuit: This time limit is known as the statute of limitations. If you wait too long to file, you won’t be able to collect anything for your injuries, no matter what happened or how negligent the other driver was.
  • There are often multiple sources of compensation: Because accidents are so complex, injured people usually have multiple options for compensation. This includes their own insurance policies, the other driver’s insurance, the company that manufactured a defective product, a bar that over-served a drunk driver, and more, depending on your situation.
  • There are steps you can take to strengthen your claim: If you’re worried that your case isn’t strong enough, a few simple actions can help protect your right to compensation. This includes documenting your injuries, going to the doctor right away, taking pictures of the crash and any damaged equipment (if you can do so without putting yourself in harm’s way), and calling an attorney as soon as you can.
  • There is often additional crash evidence: If your crash took place in an area with cameras or businesses, t’s not uncommon for your crash to be captured on surveillance cameras. Or, if you were hurt by a service vehicle, like an 18-wheeler, there’s a possibility that the vehicle was equipped with a “black box” or other internal system that tracks the driver’s movements and actions, like when they accelerate or hit the brakes. This data can be infinitely valuable to your case, but you need to act quickly to protect it. Companies can erase surveillance footage and driving records, but not when they are being used as evidence in a case. Your lawyer can help you identify if such information exists and move quickly to protect it.
  • A false accusation is not the end: If you’re struggling to get a fair offer from the insurance company because of an error in the police report, false accusations of your own liability, or for some other reasons, don’t despair. Until you’ve met with an experienced attorney who can explain your options and how Texas motorcycle law affects you, you still have reason to hope.

If You Were Hurt on Your Motorcycle, Don’t Wait to Get Legal Help

If you or someone you love are in a tough situation following a crash, a motorcycle crash lawyer is your best resource and first line of defense.

When you choose to work with an experienced lawyer, they’ll take the lead on your case, including:

  • Move quickly to identify and preserve evidence
  • Determine who is responsible for the crash
  • Find every available source of compensation
  • Accurately calculate the value of your case
  • Hold the responsible parties accountable
  • Protect your rights and help you make decisions that protect your future

When you choose to work with the experienced team of personal injury attorneys at Will Adams Law Firm, you can be confident that your lawyer will do everything they can to make sure you get the compensation you deserve. Our law firm has a reputation of successfully handling suits and negotiating settlements, and we are ready to hear your story and help you decide what to do next.

With Will Adams Law Firm: We’re Ready to Hear Your Story

We believe injured people deserve fair and honest legal representation. For us, law is a calling, not a career. Our team has over 25 years of experience, a track record of success, and a double board certification—meaning we have what it takes to fight on your behalf.

We offer every injured person a complimentary case assessment where you can meet with a member of our team privately to discuss what happened, what your options are, and what to do next. Get started today by calling our office to schedule at  1-800-559-0593, or fill out our simple online contact form.

We look forward to speaking with you!