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Frequently Asked Questions and Answers from The Edwards Law Firm

Car Accidents FAQs

If I Was Clearly Not at Fault for a Car Accident, Why Do I Need a Lawyer?

Answer: Insurance companies have adjusters and lawyers who are skilled at minimizing claims. Their job is to settle your car accident claim for the lowest possible amount. Insurance representatives love injured parties who do not have legal representation, because these individuals may not know how much their claim is actually worth, and they can often be tricked or pressured into accepting a lowball offer. We will take the time to calculate the true amount you deserve to recover, and we will negotiate with insurance companies on your behalf to ensure that you receive the proper coverage.

What Do I Need to Prove to Recover Damages From a Car Crash?
You will need to show that the driver who hurt you was driving carelessly in some way. This might mean that they were speeding, failed to stop at a red light, or were intoxicated. There are a number of ways to prove negligence. Our lawyers are skilled investigators and can often determine exactly what careless mistake the other driver made to cause your crash.
What if I Was Hit by a Commercial Truck?

18-wheelers can cause an extreme amount of damage when they collide with another vehicle. Commercial truck drivers are subject to multiple state and federal regulations that regular drivers do not have to worry about. Often, 18-wheeler accidents happen because the driver violated one of these regulations. Hours of service violations are far too common, leading to driver fatigue that can increase the likelihood of truck wrecks. You may be able to recover compensation from the driver, the trucking company, or their insurance policy.

What Types of Damages Can I Recover?

When you stop to think about it, the financial costs and losses associated with getting hurt in a car accident really add up. Medical costs, of course, are compensable. If you had to take time off work to recover, you could recover your lost wages. If your injuries were so severe that you cannot return to the job you had, you may be compensated for your lost future earnings. Damages for emotional distress and loss of quality of life may also come into play. Our lawyers can help you add up all of your accident-related expenses and losses to make sure we are demanding the full amount you deserve.

If My Family Member Was Killed by a Negligent Driver, Can I Sue?
If one of your immediate family members lost their life in a car accident, you may be able to bring a wrongful death case. In a wrongful death case, damages may be calculated a little differently. If you relied on your family member’s financial support, you may be awarded damages that cover the loss of support. You may also receive compensation for the loss of a loving relationship, the loss of services that your loved one provided, and your grief, sorrow, and emotional trauma. We can help you better understand what your rights may be after such a tragic loss.
What if My Crash Was Caused by a Defective Car Part?
You may have a product liability case against the party who designed, manufactured, or installed the defective part.
If the Accident Was Partially My Fault, Can I Still Recover Compensation?

Texas uses a proportionate responsibility system. As long as you were not more responsible for the crash than the other party, you can still recover compensation from the driver or other parties who were primarily responsible. If you are awarded damages, the amount you receive may be reduced by the percentage that you were at fault.

Product Liability FAQs

Why Is My Car Accident Case Based on Products Liability?

Defective car parts are often responsible for motor vehicle crashes. If your car accident case involves products liability law, it is probably because your crash was caused by a mechanical failure due to a malfunctioning component. Tires that come apart at the seams, brakes that were installed incorrectly, or airbags that deploy at the wrong time could all lead to accidents or injuries. In these cases, the party responsible for the detective car part may be liable.

What Defective Car Parts Commonly Cause Accidents?

The vehicle components most commonly responsible for crashes include brakes that fail, tires that blow out, steering systems that lock up, accelerators that will not deactivate, and ignition systems that turn the car off unpredictably. Defective airbags that explode or fail to deploy are also responsible for a large number of injuries.

What Are the Different Types of Product Defects?

There are three categories of product defects: design defects, manufacturing defects, and failure to provide adequate warnings. A design defect means that the design of the product was flawed, and that flaw caused a person’s injuries. A manufacturing defects means that the product’s design was safe, but the party who built the product made a dangerous mistake that caused the product to fail when it was used correctly. Failure to warn means that the product was missing a warning label or other instructions that would have enabled consumers to use the product safely.

What if I Am Injured by Defective Equipment at Work?

If your employer has workers’ compensation insurance, then you may be able to recover compensation for any injuries that occurred while you were working. However, if your employer is a non-subscriber, then you may be able to file a lawsuit against your employer or against the party responsible for the defect that led to your injury.

What Do I Need to Prove in a Products Liability Case?

The main thing you will need to prove is that the product that injured you was unreasonably unsafe for consumers. You will also need to show that the defect that made the product dangerous was the cause of your injuries.

What Damages Can I Recover in a Products Liability Case?

You can recover a wide variety of compensable costs after being injured by a defective product. These include any medical expenses, including your initial ER or urgent care visit, physical therapy and follow-up appointments, and the cost of home health services. If you work, you can recover lost wages, including any lost future wages if your injuries are so severe that they have affected your ability to return to your job. You may also be able to recover compensation for your pain and suffering.

If My Child Was Injured by a Toy or Other Product Meant for Kids, Can I Recover Compensation for Them?

Dangerous defects in children’s toys are all too common. Sellers are held to a higher standard when they are making a product for children. Children’s products must be designed with extra safety concerns in mind. Defects like small pieces that a child can choke on, sharp edges, flammable materials, and electric shock hazards can easily injure a young child. As a parent, you can initiate a products liability lawsuit on your child’s behalf.

What Is a Class Action Lawsuit, and Why Are They Common in Products Liability Cases?

When a dangerous product is released into the marketplace, odds are, more than one person is going to be harmed by it before a recall is initiated. If multiple people are injured in the same way by the same product, it may make more sense for the victims to sue the company together as opposed to each filing their own individual lawsuit. These joint lawsuits are called class action lawsuits.

At The Edwards Law Firm we strive for client satisfaction and as always, we sincerely appreciate your referrals. For a free telephone consultation, call us at 361-320-6752.

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