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By David K. Wilson & Associates August 15, 2024
Experiencing a serious personal injury can be overwhelming and life-changing. Taking prompt action is crucial for protecting your rights and ensuring you receive the compensation and support you need. This post will emphasize the importance of timely action after a serious personal injury and provide a step-by-step guide on what to do. Immediate Steps to Take Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical care to address your injuries and document them for your legal case. Report the Incident: Notify the appropriate authorities, such as the police or your employer, depending on where the injury occurred. Obtain and keep copies of all reports. Gathering Evidence Document the Scene: If possible, take photos and videos of the accident scene, your injuries, and any contributing factors. Collect Witness Information: Obtain contact details and statements from any witnesses to support your case. Maintaining Records Medical Records: Keep detailed records of all medical treatments, prescriptions, and expenses related to your injury. Incident Reports: Ensure you have copies of any incident or police reports filed. Financial Documentation: Maintain records of any lost wages and other financial impacts resulting from your injury. Consulting a Personal Injury Attorney Seek Legal Advice: Consult a personal injury attorney as soon as possible to understand your rights and legal options. Attorney’s Role: An attorney can help gather evidence, negotiate with insurance companies, and represent you in court if necessary. Understanding Statutes of Limitations Time Limits: Personal injury claims in Texas must be filed within a specific timeframe, usually within two years from the date of the injury. Failing to file within this period can result in losing your right to compensation. Filing a Personal Injury Claim Prepare Your Case: Work with your attorney to gather all necessary documentation and build a strong case. Negotiation and Settlement: Your attorney will negotiate with the responsible party’s insurance company to seek a fair settlement. Going to Court: If a fair settlement cannot be reached, your attorney may file a lawsuit and represent you in court. The Importance of Prompt Action Preserving Evidence: Acting quickly helps preserve crucial evidence that may otherwise be lost or deteriorate over time. Timely Medical Treatment: Prompt medical attention not only aids in your recovery but also strengthens your legal case by providing documented evidence of your injuries. Protecting Legal Rights: Consulting an attorney early ensures you meet all legal deadlines and navigate the complex legal process effectively. Taking prompt action after a serious personal injury is essential for protecting your rights and securing the compensation you deserve. By seeking immediate medical attention, gathering evidence, and consulting a personal injury attorney, you can improve your chances of a successful outcome. Understanding the importance of timely action can make a significant difference in your recovery and legal case.
By David K. Wilson & Associates August 15, 2024
Aviation accidents, though rare, can have catastrophic consequences, leading to severe injuries or fatalities. Understanding your legal rights and the steps to take following an aviation accident is crucial for seeking justice and compensation. This post will explore the complexities of aviation accident claims and provide guidance on navigating the legal process. Common Causes of Aviation Accidents Aviation accidents can result from various factors, including: Pilot Error: Mistakes made by the pilot, such as misjudgment or improper handling of the aircraft. Mechanical Failures: Defects or malfunctions in the aircraft’s components, such as engines or control systems. Weather Conditions: Severe weather can pose significant risks to flight safety. Air Traffic Control Errors: Mistakes made by air traffic controllers, such as providing incorrect instructions or failing to monitor the airspace properly. Maintenance Issues: Neglecting regular maintenance or improper repairs can lead to accidents.  Steps to Take After an Aviation Accident Seek Immediate Medical Attention: Ensure that all injuries are documented and treated by medical professionals. Document the Accident: If possible, collect evidence from the accident scene, such as photographs and witness statements. Report the Accident: Notify the relevant aviation authorities and file an official report. Consult an Aviation Accident Attorney: Seek legal advice to understand your rights and the steps to take. Understanding Aviation Accident Laws Federal Regulations: Aviation is heavily regulated by federal agencies, such as the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB). These agencies investigate aviation accidents and establish regulations to ensure flight safety. Liability: Determining liability in aviation accidents can be complex, involving multiple parties, such as the airline, aircraft manufacturer, maintenance provider, and air traffic control. Filing an Aviation Accident Claim Gather Evidence: Collect all relevant documentation, including accident reports, medical records, and evidence from the accident scene. Identify Liable Parties: Determine all potentially responsible parties, such as the airline, aircraft manufacturer, maintenance company, and air traffic control. Calculate Damages: Include medical expenses, lost wages, property damage, and pain and suffering in your claim. Consult an Aviation Accident Attorney: An attorney can help navigate the complex legal landscape and handle interactions with multiple parties. The Role of an Aviation Accident Attorney An aviation accident attorney can: Investigate the Accident: Conduct a thorough investigation to determine liability, which may involve collaborating with aviation experts. Gather Evidence: Collect and preserve crucial evidence to support your claim, including obtaining records from the airline and maintenance providers. Negotiate with Insurers: Seek fair compensation through negotiations with insurance companies and other liable parties. Represent You in Court: If necessary, file a lawsuit and advocate for your rights in court to secure the compensation you deserve. Recoverable Damages in an Aviation Accident Claim Economic Damages: Include medical and funeral expenses, lost wages, and loss of future earnings. Non-Economic Damages: Compensation for pain and suffering, mental anguish, loss of companionship, and loss of consortium. Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. Aviation accidents involve complex legal issues and multiple parties. Understanding your rights and consulting with an aviation accident attorney can help you navigate the legal process and secure the compensation you deserve. By following the steps outlined above and seeking professional legal assistance, you can protect your interests and improve your chances of a successful outcome.
By David K. Wilson & Associates July 1, 2024
Car accidents can have far-reaching consequences, not only for the victims but also for their families. Beyond physical injuries, car accidents can lead to emotional trauma, financial burdens, and long-term lifestyle changes. This post will explore the various impacts of car accidents on victims and their families and provide guidance on seeking support and compensation. Physical Injuries and Recovery Immediate Injuries: Car accidents can cause a range of injuries, from minor cuts and bruises to severe conditions like broken bones, traumatic brain injuries (TBI), and spinal cord injuries. Long-Term Effects: Some injuries may have long-lasting effects, requiring ongoing medical treatment, physical therapy, and possibly leading to permanent disabilities. Emotional and Psychological Impact Trauma and PTSD: Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional difficulties following an accident. Impact on Relationships: Emotional trauma can strain relationships with family members, leading to additional stress and challenges. Financial Burdens Medical Expenses: The cost of emergency care, surgeries, hospital stays, rehabilitation, and ongoing medical treatments can be overwhelming. Lost Wages: Victims may be unable to work for extended periods, resulting in lost income and financial instability. Property Damage: Repairing or replacing a damaged vehicle adds to the financial strain. Lifestyle Changes Daily Activities: Injuries may limit the victim’s ability to perform daily activities, requiring assistance and adaptations at home. Career Impact: Severe injuries can affect career prospects, requiring a change in job or career path. Support for Victims and Families Medical Care: Seeking immediate and ongoing medical care to address physical injuries and psychological trauma. Counseling and Therapy: Accessing professional counseling services to manage emotional and psychological impacts. Support Networks: Relying on family, friends, and support groups to provide emotional and practical support. Seeking Compensation Filing a Claim: Filing a personal injury claim to seek compensation for medical expenses, lost wages, and other damages. Consulting a Car Accident Attorney: An attorney can help navigate the claims process, negotiate with insurance companies, and represent the victim in court if necessary. The Role of a Car Accident Attorney A car accident attorney can: Assess Your Case: Evaluating the merits of your claim and identifying potential sources of compensation. Gather Evidence: Building a strong case with comprehensive documentation and expert testimony. Negotiate with Insurers: Advocating for fair compensation through negotiations with insurance companies. Represent You in Court: If necessary, filing a lawsuit and representing your interests in court. The impact of car accidents extends beyond physical injuries, affecting victims and their families emotionally, financially, and psychologically. Seeking support and compensation is crucial for managing these challenges and moving forward. Consulting with a car accident attorney can help victims navigate the legal process and secure the resources they need to recover and rebuild their lives.
By David K. Wilson & Associates June 15, 2024
The loss of a loved one due to someone else’s negligence or wrongful actions is devastating. In Texas, wrongful death claims provide a legal avenue for surviving family members to seek justice and compensation for their loss. This post will explore the process of filing a wrongful death claim, who can file, and what damages may be recoverable. What Constitutes Wrongful Death? Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. Common causes include: Car Accidents: Fatalities resulting from negligent or reckless driving. Medical Malpractice: Deaths caused by medical negligence or errors. Workplace Accidents: Fatal incidents occurring due to unsafe working conditions or employer negligence. Defective Products: Deaths resulting from dangerous or defective products. Criminal Acts: Homicides and other intentional acts of violence. Who Can File a Wrongful Death Claim in Texas? In Texas, the following individuals are eligible to file a wrongful death claim: Surviving Spouse: The husband or wife of the deceased. Children: Both biological and legally adopted children of the deceased. Parents: Biological or adoptive parents of the deceased. If none of these parties file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim unless expressly prohibited by the eligible family members. Steps to Take When Filing a Wrongful Death Claim Consult a Wrongful Death Attorney: An attorney can help you understand your rights and the legal process. Gather Evidence: Collect evidence supporting the claim, such as medical records, accident reports, and witness statements. File the Claim: The attorney will file the wrongful death claim in the appropriate court. Negotiate a Settlement: Many wrongful death claims are settled out of court. Your attorney will negotiate with the responsible party’s insurance company. Go to Trial if Necessary: If a fair settlement cannot be reached, the case may go to trial. Recoverable Damages in a Wrongful Death Claim Economic Damages: Include medical and funeral expenses, lost wages, and loss of future earnings. Non-Economic Damages: Compensation for pain and suffering, mental anguish, loss of companionship, and loss of consortium. Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. The Role of a Wrongful Death Attorney A wrongful death attorney can: Investigate the Death: Conduct a thorough investigation to gather evidence and establish liability. Navigate Legal Complexities: Handle all legal procedures and paperwork to ensure the claim is filed correctly and on time. Negotiate with Insurers: Seek fair compensation through negotiations with the insurance company or responsible party. Represent You in Court: If the case goes to trial, the attorney will represent your interests and advocate for maximum compensation. Filing a wrongful death claim in Texas involves a complex legal process, but it can provide surviving family members with justice and financial relief. Consulting with a wrongful death attorney can help you navigate this challenging time and ensure you receive the compensation you deserve. By understanding the steps involved and your rights, you can seek justice for your loved one and hold the responsible parties accountable.
By David K. Wilson & Associates June 12, 2024
Serious personal injuries can have life-altering consequences, impacting your physical, emotional, and financial well-being. Navigating the legal landscape of personal injury claims can be complex and daunting. This post will provide a comprehensive guide to understanding your rights and legal options when pursuing a serious personal injury claim in Texas. Defining Serious Personal Injury Serious personal injuries encompass a wide range of physical and psychological damages, including : Traumatic Brain Injuries (TBI): Resulting from a blow or jolt to the head, TBIs can lead to long-term cognitive and physical impairments. Spinal Cord Injuries : These injuries can cause partial or complete paralysis, significantly affecting mobility and quality of life. Severe Burns: Burns can lead to intense pain, disfigurement, and the need for extensive medical treatments and surgeries. Fractures and Amputations: Serious fractures may require multiple surgeries, while amputations result in permanent disability and the need for prosthetics. Emotional and Psychological Trauma: Injuries can also lead to conditions such as post-traumatic stress disorder (PTSD), severe anxiety, and depression. Understanding Your Rights As a victim of a serious personal injury, you have the right to seek compensation for: Medical Expenses: This includes current and future medical treatments, surgeries, rehabilitation, and any necessary medical equipment. Lost Wages: Compensation for the income lost due to the inability to work, as well as reduced earning capacity in the future. Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the injury. Rehabilitation Costs: Coverage for physical and occupational therapy required for recovery. Loss of Enjoyment of Life: Compensation for the diminished ability to enjoy daily activities and hobbies that you once valued. Legal Options for Pursuing a Claim Filing a Personal Injury Lawsuit: Suing the responsible party for damages. This often involves proving negligence or intentional harm. Settlement Negotiations: Reaching an out-of-court settlement with the liable party or their insurance company to avoid a lengthy court battle. Alternative Dispute Resolution (ADR): Utilizing mediation or arbitration to resolve the dispute outside of court. Steps to Take After a Serious Personal Injury Seek Immediate Medical Attention: Documenting your injuries and treatment is crucial for both your health and your legal case. Gather Evidence : Collect photos of the accident scene, witness statements, and police reports to support your claim. Keep Detailed Records: Maintain thorough documentation of all medical treatments, expenses, and communications related to your injury. Consult a Personal Injury Attorney : Seeking legal advice to understand your rights and options and to ensure you navigate the process correctly. The Role of a Personal Injury Attorney A personal injury attorney can: Assess Your Case : Evaluating the merits of your claim and identifying potential sources of compensation. Gather Evidence: Building a strong case with comprehensive documentation and expert testimony. Negotiate with Insurers: Advocating for fair compensation through negotiations with insurance companies. Represent You in Court: If necessary, filing a lawsuit and representing your interests in court. The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source. Navigating a serious personal injury claim demands a comprehensive understanding of your rights and legal options. Consulting with the experienced personal injury attorneys at David K. Wilson & Associates can help you secure the compensation you deserve, providing essential financial relief and aiding in your recovery. By following the outlined steps, you can protect your rights and enhance your chances of a successful outcome. Trust our dedicated team in Sherman, Texas, to guide you through this challenging time and advocate for your best interests.
By David K. Wilson & Associates June 1, 2024
Motorcycle accidents can lead to severe injuries and significant financial burdens due to the lack of protection for riders. Understanding your rights and the steps to take after a motorcycle accident in Texas is essential for securing the compensation you deserve. This post will provide a comprehensive guide on handling motorcycle accident claims. Common Causes of Motorcycle Accidents Motorcycle accidents can result from various factors, including: Driver Negligence: Car and truck drivers failing to notice or yield to motorcyclists. Road Hazards: Potholes, debris, and uneven pavement can pose significant risks to motorcyclists. Speeding and Reckless Driving: Excessive speed and aggressive driving behaviors increase the likelihood of accidents. Impaired Driving: Alcohol or drug impairment affecting judgment and reaction times can lead to severe accidents. Mechanical Failures: Defects or failures in motorcycle components, such as brakes or tires. Steps to Take After a Motorcycle Accident Ensure Safety: Move to a safe location if possible and check for injuries. Your first priority should always be the safety of yourself and others involved. Call 911: Report the accident to the police and request medical assistance. A police report will be an essential piece of documentation for your claim. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. This visual evidence can be crucial for proving fault and the extent of damages. Collect Information: Gather contact and insurance details from all parties involved, including names, phone numbers, addresses, driver’s license numbers, and vehicle registration numbers. Gather Witness Information: Collect contact details from any witnesses to the accident. Their statements can support your version of events. Seeking Medical Attention Even if you feel fine, seek medical attention as some injuries may not be immediately apparent. Injuries such as whiplash, internal bleeding, or concussions might not show symptoms right away but can have serious long-term effects. Understanding Texas Motorcycle Accident Laws Fault-Based System: Texas follows a fault-based system, meaning the at-fault party’s insurance is responsible for damages. This system requires proving the other driver’s negligence. Comparative Negligence: Texas uses a modified comparative negligence rule, allowing you to recover damages if you are less than 51% at fault for the accident. Your compensation will be reduced by your percentage of fault. Filing a Motorcycle Accident Claim Gather Documentation: Collect all relevant documents, including the police report, medical records, and evidence from the accident scene. Calculate Damages: Include medical expenses, lost wages, property damage, and pain and suffering in your claim. Consult a Motorcycle Accident Attorney: An attorney can help you navigate the claims process and negotiate with insurance companies to ensure you receive fair compensation. Dealing with Insurance Companies Insurance adjusters may try to minimize your claim. A motorcycle accident attorney can: Communicate with Insurers: Handling all interactions to protect your interests and prevent you from making statements that could harm your case. Negotiate Settlements: Seeking fair compensation through negotiations with insurance companies, ensuring all your damages are considered. Represent You in Court: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court to secure the compensation you deserve. The Role of a Motorcycle Accident Attorney A motorcycle accident attorney can: Investigate the Accident: Conduct a thorough investigation to determine liability, which may involve accident reconstruction experts. Gather Evidence: Collect and preserve crucial evidence to support your claim, including obtaining records from the trucking company. Negotiate with Insurers: Seeking fair compensation through negotiations with insurance companies, ensuring all your damages are considered. Represent You in Court: If necessary, file a lawsuit and advocate for your rights in court to secure the compensation you deserve. Knowing what steps to take after a motorcycle accident in Texas is crucial for protecting your rights and securing fair compensation. Consulting with a motorcycle accident attorney can help you navigate the legal process and ensure you receive the support you need to recover. By being proactive and informed, you can significantly improve your chances of a successful outcome.
By David K. Wilson & Associates May 15, 2024
Trucking accidents can result in devastating injuries and significant property damage due to the size and weight of commercial trucks. Understanding your legal rights and options in Texas is crucial for obtaining the compensation you deserve. This post will explore the complexities of trucking accident claims and provide guidance on navigating the legal process. Causes of Trucking Accidents Common causes of trucking accidents include: Driver Fatigue: Long hours on the road can lead to driver fatigue and impaired judgment, increasing the likelihood of accidents. Distracted Driving: Use of mobile devices, eating, or other distractions can lead to accidents. Speeding and Reckless Driving: Excessive speed and aggressive driving behaviors significantly increase accident risks. Improper Maintenance: Neglecting regular maintenance can result in mechanical failures, such as brake or tire malfunctions. Overloaded or Improperly Loaded Cargo: Excessive or improperly secured cargo can cause truck instability and contribute to accidents. Liability in Trucking Accidents Determining liability in trucking accidents can be complex, involving multiple parties, such as: Truck Drivers: Responsible for operating the vehicle safely and adhering to traffic laws. Trucking Companies: Responsible for hiring qualified drivers, maintaining their fleet, and ensuring compliance with federal and state regulations. Cargo Loaders: Responsible for properly loading and securing cargo to prevent shifting during transit. Truck Manufacturers: Liable for defects in the truck’s design or manufacturing that may have contributed to the accident. Steps to Take After a Trucking Accident Ensure Safety: Move to a safe location if possible and check for injuries. Call 911: Report the accident to the police and request medical assistance. A police report is essential for your claim. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. This evidence will be crucial for your case. Collect Information: Gather contact and insurance details from all parties involved, including the truck driver’s employer. Seek Medical Attention: Even if you feel fine, get checked by a medical professional as some injuries may not be immediately apparent. Filing a Trucking Accident Claim Gather Evidence: Collect evidence from the accident scene, medical records, and witness statements. This may also include data from the truck’s electronic logging device (ELD) and maintenance records. Determine Liability: Identify all potentially liable parties, such as the truck driver, trucking company, cargo loaders, and manufacturers. Calculate Damages: Include medical expenses, lost wages, property damage, and pain and suffering in your claim. Consult a Trucking Accident Attorney: An attorney can help navigate the complex legal landscape and handle interactions with multiple parties. The Role of a Trucking Accident Attorney A trucking accident attorney can: Investigate the Accident: Conduct a thorough investigation to determine liability, which may involve accident reconstruction experts. Gather Evidence: Collect and preserve crucial evidence to support your claim, including obtaining records from the trucking company. Negotiate with Insurers: Seeking fair compensation through negotiations with insurance companies, ensuring all your damages are considered. Represent You in Court: If necessary, file a lawsuit and advocate for your rights in court to secure the compensation you deserve. Trucking accidents involve complex legal issues and multiple parties. Understanding your rights and consulting with a trucking accident attorney can help you navigate the legal process and secure the compensation you deserve. By following the steps outlined above and seeking professional legal assistance, you can protect your interests and improve your chances of a successful outcome.
By David K. Wilson & Associates May 2, 2024
Car accidents can be traumatic and overwhelming, leaving victims with serious injuries and financial burdens. Knowing what steps to take immediately after a car accident in Texas can protect your rights and help secure the compensation you deserve. This post will provide a detailed guide on what to do following a car accident and how to navigate the legal process. Immediate Steps After a Car Accident Ensure Safety: Move to a safe location if possible and check for injuries. Your first priority should always be the safety of yourself and others involved. Call 911: Report the accident to the police and request medical assistance if needed. A police report will be an essential piece of documentation for your claim. Exchange Information: Collect contact and insurance information from all parties involved. This includes names, phone numbers, addresses, driver’s license numbers, and vehicle registration numbers. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. This visual evidence can be crucial for proving fault and the extent of damages. Gather Witness Information: Collect contact details from any witnesses to the accident. Their statements can support your version of events. Seeking Medical Attention Even if you feel fine, seek medical attention as some injuries may not be immediately apparent. Injuries such as whiplash, internal bleeding, or concussions might not show symptoms right away but can have serious long-term effects. Reporting the Accident File a Police Report: Ensure a police report is filed, which will be crucial for your claim. Be sure to get a copy of this report. Notify Your Insurance Company: Report the accident to your insurance provider promptly. Provide them with all necessary information and documentation. Understanding Texas Car Accident Laws Fault-Based System: Texas follows a fault-based system, meaning the at-fault party’s insurance is responsible for damages. This system requires proving the other driver’s negligence. Comparative Negligence: Texas uses a modified comparative negligence rule, allowing you to recover damages if you are less than 51% at fault for the accident. Your compensation will be reduced by your percentage of fault. Filing a Car Accident Claim Gather Documentation: Collect all relevant documents, including the police report, medical records, and evidence from the accident scene. Calculate Damages: Include medical expenses, lost wages, property damage, and pain and suffering in your claim. Consult a Car Accident Attorney: An attorney can help you navigate the claims process and negotiate with insurance companies to ensure you receive fair compensation. Dealing with Insurance Companies Insurance adjusters may try to minimize your claim. A car accident attorney can: Communicate with Insurers: Handling all interactions to protect your interests and prevent you from making statements that could harm your case. Negotiate Settlements: Seeking fair compensation through negotiations with insurance companies, ensuring all your damages are considered. Represent You in Court: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court to secure the compensation you deserve. Knowing what steps to take after a car accident in Texas is crucial for protecting your rights and securing fair compensation. Consulting with a car accident attorney can help you navigate the legal process and ensure you receive the support you need to recover. By being proactive and informed, you can significantly improve your chances of a successful outcome.
By David K. Wilson & Associates April 16, 2024
Serious personal injuries can have life-altering consequences, impacting your physical, emotional, and financial well-being. Navigating the legal landscape of personal injury claims can be complex and daunting. This post will provide a comprehensive guide to understanding your rights and legal options when pursuing a serious personal injury claim in Texas. Defining Serious Personal Injury: Serious personal injuries encompass a wide range of physical and psychological damages, including: Traumatic Brain Injuries (TBI): Resulting from a blow or jolt to the head, TBIs can lead to long-term cognitive and physical impairments. Spinal Cord Injuries: These injuries can cause partial or complete paralysis, significantly affecting mobility and quality of life. Severe Burns: Burns can lead to intense pain, disfigurement, and the need for extensive medical treatments and surgeries. Fractures and Amputations: Serious fractures may require multiple surgeries, while amputations result in permanent disability and the need for prosthetics. Emotional and Psychological Trauma: Injuries can also lead to conditions such as post-traumatic stress disorder (PTSD), severe anxiety, and depression. Understanding Your Rights: As a victim of a serious personal injury, you have the right to seek compensation for: Medical Expenses: This includes current and future medical treatments, surgeries, rehabilitation, and any necessary medical equipment. Lost Wages: Compensation for the income lost due to the inability to work, as well as reduced earning capacity in the future. Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the injury. Rehabilitation Costs: Coverage for physical and occupational therapy required for recovery. Loss of Enjoyment of Life: Compensation for the diminished ability to enjoy daily activities and hobbies that you once valued. Legal Options for Pursuing a Claim Filing a Personal Injury Lawsuit: Suing the responsible party for damages. This often involves proving negligence or intentional harm. Settlement Negotiations: Reaching an out-of-court settlement with the liable party or their insurance company to avoid a lengthy court battle. Alternative Dispute Resolution (ADR): Utilizing mediation or arbitration to resolve the dispute outside of court. Steps to Take After a Serious Personal Injury Seek Immediate Medical Attention: Documenting your injuries and treatment is crucial for both your health and your legal case. Gather Evidence: Collect photos of the accident scene, witness statements, and police reports to support your claim. Keep Detailed Records: Maintain thorough documentation of all medical treatments, expenses, and communications related to your injury. Consult a Personal Injury Attorney: Seeking legal advice to understand your rights and options and to ensure you navigate the process correctly. The Role of a Personal Injury Attorney A personal injury attorney can: Assess Your Case: Evaluating the merits of your claim and identifying potential sources of compensation. Gather Evidence: Building a strong case with comprehensive documentation and expert testimony. Negotiate with Insurers: Advocating for fair compensation through negotiations with insurance companies. Represent You in Court: If necessary, filing a lawsuit and representing your interests in court. Navigating a serious personal injury claim requires a thorough understanding of your rights and legal options. Consulting with a personal injury attorney can help you secure the compensation you deserve, providing financial relief and aiding in your recovery. By following the steps outlined above, you can protect your rights and improve your chances of a successful outcome.
By David K. & Associates April 16, 2024
TEMPLE, Texas – A tragic accident in Temple, Texas, serves as a grim reminder of the dangers of distracted driving. On April 27, 2024, a collision involving a Ford F-150 and a Kenworth tractor-trailer hauling a massive, oversized load resulted in the deaths of two passengers. The in cident occurred at approximately 11:20 a.m. on Highway 36 near Highway 317. Incident Overview The driver of the Ford F-150, identified as James Tyler Jones, was reportedly “either distracted or inattentive” when he drove past escort vehicles and into the path of the oncoming tractor-trailer. This tragic lapse in attention led to a catastrophic wreck that claimed the lives of 22-year-old Abigail Boatwright and 17-year-old Evan Boatwright, both from Gatesville, Texas. Sequence of Events According to the Texas Department of Transportation (TxDOT) Texas Peace Officer’s Crash Report, Jones was traveling east on Highway 36 at an undetermined speed. He approached a line of vehicles that had stopped to allow a convoy hauling a massive load to pass. The convoy, led by a Kenworth truck, was transporting a 343,000-pound distillation column used in oil and gas refining. This oversized load required a complex setup, including five connected flatbed trailers and a Peterbilt vehicle. The convoy was accompanied by several escort vehicles, including a Houston police motorcycle unit directing eastbound traffic to pull over and stop. Despite these precautions, Jones failed to heed the warnings from the escort vehicles and continued driving towards the stopped traffic. The Collision Dashcam footage from the Kenworth revealed it was traveling west on Highway 36 at 43 miles per hour, straddling both lanes due to its size. As Jones approached the stopped vehicles, he swerved left at the last moment, crossing into the westbound lane and directly into the path of the Kenworth. The driver of the Kenworth attempted to avoid the collision by braking and veering left but was limited by the narrow clearance between the Ford F-150 and other vehicles pulled over to the shoulder. As the Kenworth braked, the massive load it was hauling shifted forward. The momentum caused the load to fall off the trailer and land on top of the Ford F-150, resulting in the fatalities of the two passengers. Aftermath Emergency crews worked for more than four hours to safely remove Jones from the wreckage. He was flown to an emergency room with life-threatening injuries, and his current condition has not been updated. Highway 36 remained closed for several days as crews cleared the wreckage and removed the massive load. The Importance of Attention on the Road This devastating accident underscores the critical importance of attentive driving. Distracted or inattentive driving can have severe, life-altering consequences. It’s essential for all drivers to remain vigilant, especially when approaching areas with stopped traffic or escort vehicles indicating an oversized load. At David K. Wilson and Associates Attorneys at Law, we emphasize the need for safety on the roads. If you or a loved one has been involved in an accident due to someone else's negligence, our experienced team is here to help. We are committed to advocating for your rights and ensuring you receive the compensation you deserve. For more information or legal assistance, contact David K. Wilson and Associates Attorneys at Law, your trusted personal injury attorneys in Sherman, Texas. Stay safe and attentive on the road to prevent such tragedies. Sources: KWTX News
By David K. Wilson & Associates March 16, 2024
When you’re involved in a personal injury lawsuit, having a skilled and experienced lawyer by your side can make a significant difference in the outcome of your case. At David K. Wilson and Associates Attorneys at Law, located in Sherman, Texas, we understand the intricacies of personal injury law and are committed to ensuring our clients receive the compensation they deserve. Here are key reasons why having a good lawyer is essential in a personal injury lawsuit, especially within the context of Texas law. 1. Expert Knowledge of Texas Personal Injury Law Texas personal injury law is complex and can be challenging to navigate without proper legal training. A knowledgeable lawyer understands the statutes, case law, and procedural rules that apply to your case. For example, Texas follows a modified comparative negligence rule, which means that if you are found to be more than 50% at fault for the accident, you cannot recover damages. A skilled attorney will work to ensure that fault is accurately assessed and that your compensation is maximized. 2. Accurate Valuation of Your Claim Determining the true value of your personal injury claim involves more than just adding up medical bills. It requires a comprehensive understanding of economic and non-economic damages, including future medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. An experienced lawyer will accurately calculate these damages and negotiate effectively with insurance companies to ensure you receive a fair settlement. 3. Effective Negotiation with Insurance Companies Insurance companies often aim to settle claims for the lowest amount possible. Without legal representation, you may be at a disadvantage when negotiating with insurance adjusters. A good lawyer will have experience dealing with insurance companies and will use their expertise to advocate for a fair settlement. They understand the tactics insurers use and can counter them effectively. 4. Thorough Investigation and Evidence Gathering Building a strong personal injury case requires thorough investigation and the gathering of substantial evidence. This includes obtaining police reports, medical records, witness statements, and, if necessary, expert testimony. A lawyer has the resources and experience to conduct a comprehensive investigation, ensuring that all relevant evidence is presented to support your claim. 5. Expertise in Litigation While many personal injury cases are settled out of court, some may require litigation. Having a lawyer who is experienced in courtroom procedures and trial advocacy is crucial if your case goes to trial. They will be able to present your case effectively, cross-examine witnesses, and argue on your behalf, increasing the likelihood of a favorable verdict. 6. Compliance with Legal Deadlines and Procedures Personal injury lawsuits in Texas are subject to strict deadlines and procedural requirements. For example, the statute of limitations for filing a personal injury claim in Texas is generally two years from the date of the accident. Missing this deadline can result in the dismissal of your case. A lawyer will ensure that all paperwork is filed correctly and on time, protecting your right to compensation. 7. Personalized Legal Strategy Every personal injury case is unique, and a one-size-fits-all approach is ineffective. A good lawyer will develop a personalized legal strategy tailored to the specifics of your case. They will consider the details of your accident, the extent of your injuries, and your individual circumstances to craft a plan that maximizes your chances of a successful outcome. Navigating a personal injury lawsuit on your own can be overwhelming and may result in inadequate compensation. At David K. Wilson and Associates Attorneys at Law in Sherman, Texas, we are dedicated to providing our clients with the expert legal representation they need to achieve the best possible outcomes. Our team’s deep understanding of Texas personal injury law, combined with our commitment to personalized service, ensures that you are in good hands throughout the legal process. If you or a loved one has been injured, contact us today to discuss how we can help you secure the compensation you deserve.
By David K. Wilson & Associates March 15, 2024
Motorcycling offers a sense of freedom and adventure that is hard to match. However, this exhilarating mode of transport also comes with significant risks. Motorcycle accidents are a serious concern, often resulting in severe injuries or fatalities. At David K. Wilson and Associates Attorneys at Law, we are committed to advocating for the rights of motorcyclists and providing them with the legal support they need. To help raise awareness, let’s explore some of the most common causes of motorcycle accidents and how riders can protect themselves on the road . Common Causes of Motorcycle Accidents 1. Driver Inattention and Distraction One of the leading causes of motorcycle accidents is driver inattention. Motorcycles are smaller and less visible than other vehicles, making it easy for distracted drivers to overlook them. Texting, talking on the phone, or adjusting the radio can divert a driver's attention long enough to cause a serious accident. 2. Speeding Excessive speed is a major contributor to motorcycle accidents. Speeding reduces the time drivers have to react to unexpected situations and increases the severity of collisions. Motorcyclists who speed are at an even greater risk due to their lack of protection compared to car drivers. 3. Alcohol and Drug Impairment Driving under the influence of alcohol or drugs is incredibly dangerous for all road users. Impaired drivers have slower reaction times and impaired judgment, which can lead to catastrophic accidents. For motorcyclists, the consequences are often more severe due to their vulnerability. 4. Lane Splitting Lane splitting, or riding between lanes of slow-moving or stopped traffic, is a controversial practice. While it can help motorcyclists navigate traffic more efficiently, it also increases the risk of accidents. Cars changing lanes or drivers opening doors without checking their surroundings can easily collide with a motorcyclist. 5. Road Hazards Motorcycles are more susceptible to road hazards such as potholes, debris, uneven pavement, and slippery surfaces. What might be a minor inconvenience for a car can be a major danger for a motorcyclist. These hazards can cause a rider to lose control and crash. 6. Inexperienced Riders Operating a motorcycle requires a different set of skills than driving a car. Inexperienced riders may lack the necessary skills to handle their bikes in emergency situations, increasing the likelihood of accidents. Proper training and experience are crucial for safe riding. 7. Weather Conditions Adverse Weather conditions like rain, snow, or fog can significantly impact a motorcyclist’s ability to ride safely. Reduced visibility and slippery roads make it harder to maintain control and avoid accidents. Tips for Staying Safe on the Road While it's impossible to eliminate all risks, there are several steps motorcyclists can take to improve their safety: Wear Protective Gear : Always wear a helmet, gloves, and protective clothing. This gear can reduce the severity of injuries in the event of an accident. Stay Visible : Wear bright, reflective clothing and use your headlights, even during the day. Position yourself in the lane where other drivers can see you. Ride Defensively : Assume that other drivers do not see you. Maintain a safe following distance, be aware of blind spots, and anticipate potential hazards. Avoid Riding Under the Influence : Never ride a motorcycle if you are impaired by alcohol or drugs. Your judgment and reaction times are crucial for safe riding. Take a Motorcycle Safety Course : Whether you're a new rider or an experienced one, a safety course can help you learn valuable skills and techniques for handling your bike in various situations. Inspect Your Motorcycle : Regularly check your bike for any mechanical issues. Ensure your tires, brakes, lights, and signals are all in good working order. Motorcycle accidents can have devastating consequences, but many of them are preventable. By understanding the common causes and taking proactive steps to stay safe, motorcyclists can enjoy their rides while minimizing the risks. If you or a loved one has been involved in a motorcycle accident, David K. Wilson and Associates are here to help. Our experienced team is dedicated to providing the legal support you need to navigate the aftermath of an accident and secure the compensation you deserve. Stay safe and ride smart.
By David K. Wilson & Associates July 29, 2023
During a global pandemic, driving safely is even more important than before. Hospitals and emergency rooms simply cannot handle road crash victims right now. They struggle daily to take care of the thousands of Coronavirus patients who need their care. As the healthcare system becomes overwhelmed, all drivers can do their part to stay safe and avoid serious accidents . Taking steps to prevent serious injury during the Coronavirus outbreak is something everyone can do to help reduce the impact on our healthcare system. Do you know how to drive safely during the COVID-19 outbreak? Tips for Driving Safely Government officials and safety experts urge all drivers to reconsider driving right now whenever possible. Limit driving to only essential trips, such as grocery shopping and medical care. This alone will limit your risk of getting into a serious car accident . It will also reduce your risk of contracting the Coronavirus. Driving in a car is risky at the moment, especially if the distance you drive forces you to stop for gas or food. These interactions with others can increase the risk of catching COVID-19 or passing it along to others. Whenever possible, it is important to stay home to save lives. If you do need to go out, it is important to follow these steps closely.  Buckle up Reduce speed Obey traffic lights Watch for pedestrians and cyclists Do not drink and drive Put down the cell phone Do not tailgate Avoid aggressive driving These everyday driving tips can help you avoid a serious accident right now. Be vigilant behind the wheel and use extra caution even when running routine errands. The Global Alliance recommends that all drivers follow their government’s advice. Contact a Sherman Car Accident Lawyer Today The Coronavirus impacts everyone in the United States. As the virus sweeps across the nation, drivers may find themselves stuck after a car accident. It could be difficult to get medical help, car repairs and compensation. During this time, injured car accident survivors need a Sherman car accident lawyer on their side. At David K. Wilson & Associates, Attorneys at Law, we can help you through this terrifying time. We know that you need assistance now more than ever. That is why we offer free initial consultations and reviews
By David K. Wilson & Associates May 11, 2022
Did you know that the average fully loaded big rig commercial truck can easily weigh as much as 80,000 pounds? In comparison, the average car on the road weighs roughly 3,000 pounds. This size and weight discrepancy alone is one of the main reasons why big rig trucks are so dangerous. When an accident occurs, the occupants in the passenger vehicle often sustain a majority of the injuries, many of which are severe and sometimes even life-threatening. Unfortunately, size is not the only reason why big rig trucks are so dangerous, however. Dangerous Cargo Can Cause Deadly Big Rig Commercial Truck Accidents Big rigs, tractor-trailers, and semi-trucks often carry cargo on long journeys across the country. Failure to adequately secure this cargo before shipping can cause the big rig to lose control on the road, or become unsteady in high winds or inclement weather. In addition to unsecured loads, the cargo they carry can be hazardous. Consider what happens when an hazardous waste truck collides on a freeway or a log truck jackknifes on the Interstate. Not only is the truck a dangerous object, but the cargo it contains can spill or fly off of the truck, leading to vehicle collisions and numerous injuries. Cutting Corners Can Be Disastr ous Trucking companies have a responsibility to ensure that their trucks and big rigs are safe and reliable while on the road. This means performing regularly scheduled maintenance and taking proper safety precautions. Unfortunately, unscrupulous trucking companies may cut corners when servicing their trucks. They may delay changing tires or headlights on their vehicles in an effort to reduce their expenses and increase their profits. They may even unhook the front brakes in order to force the truck driver to only rely on the back brakes. This is done to reduce the wear and tear on the front brakes, which in turn, saves money. Not All Truck Drivers Are Properly Trained Not all truck drivers are responsible and adequately trained to drive a dangerous semi-truck on the road. Trucking companies may fail to ensure that their truck drivers are properly trained and have a clean driving record. During busy times, they may rush to place a truck driver on the road before they’re ready. This inexperience can create dangerous and deadly situations. In an emergency, an inadequately trained truck driver may not know how to guide their vehicle to safety and make poor decisions. Blind Spots Are Deadly Semi-trucks have large blind spots on both sides and in the front and back of the truck. These blind spots make it difficult for large trucks to see other cars on the road nearby. As a result, big rigs may suddenly change lanes directly in front of or into another car. They may also back up into other vehicles or run over objects in the road. Blind spots can result in serious trucking accidents. To avoid this, truckers should always visually check their blind spots before changing lanes or backing up. Injured in a Trucking Accident? If you or someone you love has been injured in a big rig commercial truck accident, it is important to speak to an experience and skilled Texas trucking accident lawyer immediately. At David K. Wilson & Associates, our attorneys have the experience and the resources needed to tackle these large and complex cases. Contact Us today for a free initial consultation and review of your case. You pay nothing unless we can win!
By David K. Wilson & Associates May 11, 2022
The body content of your post goes here. To eDo you do a lot of walking in the Sherman, TX area? Do you enjoy walking to and from work, school, the store, the doctor’s office or the park? If so, you must do everything possible to protect yourself when being a pedestrian. If you don’t, you could put yourself in serious danger the next time you step foot on the sidewalk or the pavement. It can be difficult to recover completely from injuries suffered in a pedestrian accident, which is why you need to follow the five tips for safe pedestrian actions in today’s post. 1. Always Cross at Controlled Intersections Make it a habit to always cross at controlled intersections when walking around town. Do not jaywalk and do not cross at intersections where there is no stop sign or no traffic light. You are much safer when crossing at a controlled intersection. There is still the chance that a car could wind up hitting you but that chance is reduced at a controlled intersection. 2. Walk Close to Buildings Do your best to walk close to the buildings when on the sidewalk. Do not walk near the curb, near parked cars, or anywhere near the street unless you are crossing it. Walking near the buildings will help protect you from any vehicle that accidentally jumps the curb and heads for you. 3. Wear Bright-Colored Clothing Do you do a lot of working at night? It’s important to wear clothing that has bright colors so when vehicle headlights shine on you, or the streetlights shine on you, you will be seen by drivers. It’s difficult at night for drivers to spot pedestrians, don’t make it worse on yourself by wearing dark clothing while walking at night. 4. Avoid Using Your Phone While Walking Many people love to listen to music while walking. They also like to text, answer calls, send emails and browse social media. Don’t do any of this when walking around town. This will only wind up putting you in a bad situation. You might not notice you are at the intersection, causing you to walk right out into traffic. If you have headphones in your ears you might not hear sirens of an emergency vehicle or the horn of a car beeping at you. 5. Learn and Follow Traffic Laws You must learn and follow all of the traffic laws associated with being a pedestrian. This includes waiting to cross until the light is green, not assuming vehicles will stop for you, and avoiding jaywalking at all times. Make eye contact with the driver closest to you before stepping foot onto the street from the sidewalk. Injured in a Pedestrian Accident? Call an Attorney Today Were you injured in a pedestrian accident in Sherman, TX? Did your loved one die because of a pedestrian accident? If so, it’s time to speak with an experienced personal injury attorney about your case. Call the office of David K. Wilson & Associates, Attorneys at Law today to schedule an appointment. dit this text, click on it and delete this default text and start typing your own or paste your own from a different source.
By David K. Wilson & Associates March 8, 2022
An airplane accident can result in devastating personal injury for those who survive this ordeal. But after the chaos is over and the publicity has died down, there are still victims who must obtain compensation for their life-altering injuries. What process will help the injured prove that a carrier’s negligence led to the incident? How can they prove the carrier is liable for their injuries? How To Prove An Air Carrier Is At Fault For Your Personal Injury Proving liability in a plane accident that results in injury can be very difficult. Various agencies including the Federal Aviation Administration (FAA) can get involved in this type of litigation and make things complicated. However, personal injury lawyers can employ several strategies to help prove that a carrier or aircraft manufacturer is liable for an accident. These strategies include: Negligence Liability – The main factors in proving negligence are showing that the carrier had a duty to protect passengers in the aircraft, and the carrier breached that duty, which directly caused the injuries suffered by passengers. For example, if an accident was due to pilot error, this could fall under the negligence liability standard. Product Liability ­– Under this standard, a personal injury lawyer must prove that the accident that caused the victim’s injuries was due to a defective part sold by a manufacturer. This standard typically applies in instances in which a mechanical problem with the aircraft caused the accident. Personal injury lawyers often use the theory of ‘strict liability’ to show that a product defect caused an airplane accident. Strict Liability — This legal standard only takes into account the party that directly contributed to the accident. So in airplane accident claims, proving that a third party other than the carrier was at fault can reduce the carrier’s liability. This means that the carrier’s liability would be limited by law in incidents such as lightning strikes or terrorist attacks. However, if the carriers breach their duty to passengers, this limitation may not apply.  Help For a Life-Changing Event If you’re lucky enough to survive an airplane accident, the personal injury you suffer may not just be physical. These incidents can leave lasting psychological scars, and if the airline carrier is not willing to admit fault, you could be in for an intense legal battle. The law firm of David K. Wilson & Associates has won millions of dollars in compensation for victims of airline accidents . We are not afraid to take on these big companies to obtain the compensation you deserve. We understand that injuries suffered in aviation accidents will impact the rest of your life. Please call us today at (903) 289-5557 to schedule a free consultation.
By David K. Wilson & Associates February 23, 2022
According to the Association for Safe International Road Travel (ASIRT), over 2 million people sustain injuries in car crashes each year in the United States. Additionally, over 37,000 people die in crashes each year. If you sustain injuries in a car accident, there are several steps you should take. They include:  Put the safety of yourself and others first; Contact authorities; Gather information; Contact your insurance company; Document your medical care; Document your property loss; and finally, Contact an attorney experienced in handling car accident cases. Understanding Texas Law When You are in a Car Accident The State of Texas has laws governing the rules of the road. In any car accident, Texas expects drivers stop at the scene (or return to the scene if the vehicle didn’t stop immediately) and exchange information with the other driver (discussed in greater detail below). In cases where a person suffers injury, obviously, one must determine whether assistance is required. Put the Safety of Yourself and Others First After a crash, your safety and the safety of others must be your first concern. If it is possible, move the car out of the roadway. Take a moment to determine whether you need medical attention. If you are okay, check on your passengers and the occupants of the other car. Take the time to carefully assess the situation. If someone has back or neck injuries, or obvious broken bones, wait to move them until qualified medical professionals arrive at the scene. If there is any doubt about whether someone needs medical care, call an ambulance. You have a legal duty to render aid. This may include transporting someone to the hospital if you cannot summon an ambulance. Contact Authorities Texas law § 550.026 requires reporting accidents involving injury, death, or damage to vehicles to the local police or sheriff. Gather Information After a car crash, Texas § 550.023 requires the exchange of certain information. Talk to the other driver to exchange the following information: The name and address of the driver; The registration number of both vehicles; The name of the insurance company for any person injured, as well as the driver of each car; and Where possible, the drivers should show each other their driver’s license. In addition to this information which is required by statute, it is a good idea to get the names and contact information for any witnesses to the crash. Additionally, if you are not injured, or if your injuries do not require immediate medical attention, take the time to document the scene by taking pictures or a short video of the crash and the surrounding areas. Don’t forget to include any scene relevant information that may have contributed to the crash, such as wet pavement, or tree branches that obscure a stop sign. Contact Your Insurance Company Once you have addressed your medical needs, and the needs of others involved in the car accident, contact your insurance company. File whatever claim they require. Of course, fully cooperate with your insurance company’s requests. Document Your Medical Care Start a journal, documenting your medical care. Include doctor’s visits, pain medication taken, and steps taken to assist in healing. Document Your Property Loss Keep track of your property damage, property repair, and property losses. Contact an Attorney Experienced in Handling Car Accident Cases If you have been injured in a car accident , you may be entitled to compensation for your injuries and loss. Don’t leave recovery to chance. Contact an attorney with a proven track record handling car accident cases. The lawyers at David K. Wilson & Associates have the experience necessary to handle your case. Contact us for a free consultation, at (903) 289-5557 .
By David K. Wilson & Associates January 17, 2022
Commercial truck accidents are still a major problem on U.S. roads. Despite a projected decrease in the number of automobile-related fatalities in 2019, trucks were involved in more fatal accidents in 2019 . Lockdowns due to COVID-19 reduced traffic all over the country, and yet traffic fatalities have risen. Authorities believe this is because people are driving more recklessly on the empty roads. The National Highway Traffic Safety Administration (NHTSA) also estimates that highway deaths could continue to rise as post-pandemic roadway use increases. To lower the rising number of truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) passed a law that truck carriers must install electronic logging devices (ELDs) in all their trucks by December 2017. So what are ELDs, how to they work, and have they helped prevent truck accidents ? What Are ELDs and How Do They Work To Prevent Truck Accidents? ELDs are devices that synchronize with the engine of a commercial truck to record driving time and rest time so that drivers are compliant with the hours of service (HOS) regulations that govern how many hours they can drive before taking a break. In the past, many truck carriers relied on paper logs that their drivers would fill out on a daily basis, indicating their driving time and their rest time. The problem, however, was that some drivers falsified these paper logs. They would claim to be resting when they were actually driving on the road. This meant that some drivers were compromised by fatigue because they had not taken the required rest breaks, and fatigued truck drivers are among the leading causes of truck accidents. In addition to driving and rest time, ELDs also record date, time, location information, engine hours, vehicle miles, and contact information for the driver and carrier. ELDs cannot be falsified, and the information they record is transmitted to carriers who can better monitor their drivers. Some ELDs also send out alerts or notifications when a driver is nearing the HOS limits, indicating that they need to take a rest. This can influence trucker behavior, since many will know that they are being monitored. This can prevent incidents with aggressive truck drivers or drivers who are cutting corners because they know their employers and government officials are monitoring them. ELDs are designed to give carriers and drivers more transparency in how they handle the rest and driving periods during a delivery, and to help carriers correct driver mistakes that they observe on recorded video. By helping drivers adhere to rest rules, the goal is to eliminate driver fatigue as a major factor in truck accidents. Have ELDs Had an Effect on Truck Accidents? As stated above, fatal truck crashes have gone up between 2017 and 2018. However, looking at the data on the FMCSA’s website tells us that overall truck accident came down over the same time period. This suggests the ELD requirement is having and effect. However, despite a lowering of crash numbers, we still have an increase in fatal crashes. Other measures may be necessary to help prevent truck accident fatalities. New studies suggest that automatic braking and collision warning technology may be the next step. Sherman Truck Accident Attorney Helping You Recover Surviving a truck accident is minor miracle, and as you go through the recovery process, the last thing you want to worry about is your legal claim. But if you hire an experienced law firm such as the team at David K. Wilson & Associates, you will have a powerful advocate who has the resources and expertise to fight big insurance and obtain the settlement you rightfully deserve. Call us today at (903) 289-5557 for a free legal consultation and find out how we can help you get peace of mind.
By David K. Wilson & Associates December 23, 2021
Were you hurt by a private party and the injury is a one-time occurrence? If so, then the next course of legal action is typically filing a civil suit against the responsible party. However, what happens in situations where a large company creates a defective or harmful product? This often causes injuries or even death to multiple individuals. Furthermore, in some cases, particularly those involving pharmaceutical drugs or medical devices, it can affect hundreds or even thousands of people. If all these people are filing individual personal injury claims, then this has the potential to clog up the court system. It would take decades to hear all those cases and rule on each of them. That is why the option to file a class action lawsuit exists. This type of lawsuit compiles all the complaints into one comprehensive lawsuit against the defendant.  If a government entity, manufacturer, retailer, financial institution or employer hurt you, then your claim will likely be a class action lawsuit. Here are the steps to file a class action lawsuit. Hire a Lawyer The first step is to hire a lawyer who filed a class action lawsuit before. Filing a class action involves a lot of procedures. The process can be overwhelming, so it is helpful to have someone on your side who can guide you through the process. Class Certification Once your attorney files the complaint, the judge must certify the class. Certification often involves that the representative plaintiff proves the following: The representative plaintiff suffered the same injuries as the others filing claims. It can be determined who is and who is not a member of the class. There are enough class members to make individual claims impractical (typically 40 or more). A common set of facts caused all injuries. Notification of a Lawsuit Once the judge certifies the lawsuit, the members are typically notified by mail. This includes all members unless they opt out. Class action lawsuits are typically settled outside of court. However, they often take a long time to settle. Additionally, some cases require litigation. If the members win their class action suit, then each party receives a portion of the settlement, which is typically a cash award. One of the drawbacks of a class action lawsuit is that the award could be quite small depending on the award amount and the number of members. Taking Legal Action in a Class Action Lawsuit Class action suits can be quite complex and is best handled by an attorney experienced in class action lawsuits. If you suffered injuries due to the negligence of a large company, you may be able to file a class action lawsuit.
By David K. Wilson & Associates November 11, 2021
On freeways and roadways in large cities, there are often multiple lanes in both directions. While these lanes allow traffic to move faster, they can also lead to difficulties for some drivers. One common issue is changing lanes. Changing lanes can be more complicated than it looks. While cars come equipped with mirrors, these mirrors do not allow drivers to fully see around them. Blind spots often lurk in the rear of the vehicle and on either side. This is why it is important to physically look to the left and right sides of your vehicle while attempting to change lanes. Many accidents occur when drivers simply rely on their side and rearview mirrors. If you fail to pay attention while changing lanes, you could get ticketed as well as be on the hook for any damages and injuries caused by the crash.  What Texas Law Says Under Texas Transportation Code 545.060 , a driver on a road with two or more lanes in the same direction may not move from one lane to another unless it is safe to do so. This means that the driver must exercise caution and make the lane change in a manner that will not cause a collision. Law enforcement can cite drivers who carelessly cause an accident while maneuvering into the adjacent lane. An unsafe lane change is a moving violation that does not result in a misdemeanor or other crime. However, it comes with several possible penalties. Violators may have to pay a fine of up to $200. The violation can put two points on your driving record. In addition, a person could see their insurance premiums increase significantly. Determining Right of Way In any accident case, the insurance company or court will need to assign fault. This will determine who will pay for the damages. Determining fault primarily depends upon which vehicle had the right of way at the time of the crash. Typically, the driver who merges into the lane is at fault, but it is not uncommon for the drivers of both vehicles to share some portion of the fault. The driver who is merging has a responsibility to make sure they can do so safely. Investigators may also look to see if the driver was using their turn signal at the time of the accident. While failure to do so will not automatically lead to liability, it can sometimes be a determining factor in an accident case. Take Legal Action if a Car Changing Lanes Caused an Accident In accidents caused by changing lanes, it is important to determine liability. The driver who is more at fault will end up paying for the medical bills, property damage and other damages caused by the crash. If you have suffered an injury during a changing lanes accident, seek legal help.
By David K. Wilson & Associates October 28, 2021
If you have been injured in an accident, it can seem like your whole world is at a standstill. You may be suffering from unimaginable injuries and damages, and your future may be uncertain. During this difficult time, it is important to know that you are not alone. Working with an experienced Texas personal injury lawyer can provide you with peace of mind, and secure your financial future after an accident. At David K. Wilson & Associates, Attorneys at Law, our personal injury attorney helps injury victims recover compensation for their injuries and damages. Having a lawyer on your side from the start will help ensure that you are not taken advantage of by insurance companies. How to Choose the Right Attorney for Your Lawsuit Not all law firms have the experience and resources needed to tackle complex injury cases – and win. Some of the ones that do simply do not have the time to give you the personalized attention you need after an accident. Before choosing the right personal injury lawyer to represent you, it is important to speak to the attorney about your particular situation. Discuss your case, the details surrounding your accident, and what your long-term diagnosis may be. Do not be afraid to open up about your fears or worries surrounding your injury and your future. The right personal injury lawyer for you will be able to discuss your case and listen with empathy and concern. Being able to communicate openly with your attorney is a critical component of the legal process. As such, it is best to choose a lawyer who understands your injury, your accident and what is important to you.  Questions to Ask a Personal Injury Lawyer When meeting with an attorney, you should ask a few questions: What areas of personal injury law do you practice? Do you have experience representing people who have suffered injuries similar to mine? Do you have a track record of success ? If my lawsuit does not settle out of court, can you take it to trial? Do you have time to work on my case? Do you have past clients that I could talk with? Will you take my case on a contingency fee? Contact Our Texas Personal Injury Lawyer Today At David K. Wilson & Associates, Attorneys at Law , our Sherman, TX personal injury lawyer helps injured accident victims in Sherman, Dallas, Fort Worth and throughout the state of Texas. We know the tricks and tactics insurance companies use to reduce their own liabilities and we work tirelessly to protect our clients every step of the way. If you have been injured in a car accident or another type of accident, contact our law firm today.
By David K. Wilson & Associates September 29, 2021
Rear-end collisions are the most common type of car accident in our country. In fact, there are an estimated 1.7 million rear-end crashes in the U.S. each year. These crashes lead to 1,700 fatalities and 500,000 injuries. Improved driver behavior and crash prevention safety systems can help avoid these accidents. However, the frequency of rear-ended collisions does beg a question. What leads to these horrible crashes? This week, our Sherman car accident attorney examines the driving behaviors that often lead to rear-end accidents.  Common Causes of Rear-End Collisions in Personal Injury Claims Following Too Closely. Vehicles need the proper stopping distance in order to avoid collisions. If Vehicle A is travelling too closely to Vehicle B, then both drivers will have limits on how they can respond to an emergency. If Vehicle A brakes too quickly, Vehicle B will collide with it. But, Vehicle B could also be too close to brake safely in a non-emergency situation. Keeping at least one car-length between vehicles should give both vehicles the space they need to come to a complete stop. Speeding. The faster a vehicle is travelling, the harder it is to stop. Even a vehicle with a car-length’s worth of following distance may not be able to stop in time if it is travelling at a high rate of speed. This is especially true if the leading vehicle has to make a sudden stop. Speeding deprives drivers of the ability to control and bring their vehicles to a safe stop. Distracted Driving. Smartphones, streaming video and social media have become huge threats on our roads. Texting-while-driving and talking on mobile phones (even when using a hands-free device) contribute to this trend. However, cell phones are not the only distractions that can cause an auto accident . Chatting with a passenger, eating, applying makeup and listening to loud music can also prove hazardous. Any distraction that takes a driver’s eyes off the road decreases valuable reaction time. At some point, distracted drivers do not have enough time to apply brakes and avoid hitting other cars. Driver behavior can correct these issues. Coupled with technology such as automatic braking and collision prevention systems, we can further reduce the risk of rear-end collisions. But there are times when no amount of caution can stop a reckless driver from hurting you or your family. How Our Car Accident Lawyer in Grayson County, TX Can Help Many people do not understand that rear-end collisions can be life-altering. They can result in damage to your car and injuries to you or your family. In a worst-case-scenario, a rear-end crash could even cause a fatality. Such collisions could leave your family with no way to pay for the resulting expenses. If you are in this situation, know there is help. Our experienced personal injury law firm helps Texans obtain the rightful compensation they deserve. At David K. Wilson & Associates, Attorneys at Law, we have a proven track record of success . Our job is to help you focus on healing while we focus on recovering damages for your medical bills, pain and suffering.
By David K. Wilson & Associates August 24, 2021
Traffic accidents can cause injuries, but those are rarely as severe as motorcycle accident injuries . Motorcycles lack the protection and safety features of other motor vehicles. This makes motorcyclists more vulnerable to passenger vehicles and driver negligence. A good Texas motorcycle attorney understands this, but how can you be sure the lawyer you want to hire is one of these good attorneys? Choosing the right motorcycle accident attorney to represent you is critical. If they do not understand you as a rider, how can they represent your best interests? Before you pick a law firm, here are five important questions you should ask your Texas motorcycle accident lawyer. Five Questions to Ask Your Texas Motorcycle Accident Attorney If you’ve suffered an injury in a motorcycle accident in Texas, it is important to know that you are not alone. You have a right to seek compensation from the “at fault” driver for the injuries and damages you suffered. Unfortunately, collecting the compensation you need may be difficult without the right help. Here are a few questions you can ask to help ensure you are talking to the right Texas motorcycle attorney for you. Do you have experience representing injured motorcyclists? Injured motorcyclists need someone with knowledge of motorcycle accident laws. That attorney should be familiar with the injuries and issues motorcyclists may face after an accident. If they are not familiar with this area of practice, they may neglect to pursue the compensation you really need. What is your success rate? Has your attorney successfully represented motorcyclists in the past? Past verdicts and settlements may indicate a lawyer’s abilities and willingness to litigate. Though not a guarantee future success, these successes are a good place to start understanding your new attorney. Who will handle the case? The Texas motorcycle attorney you meet with may not be the one actually handling your case. In some instances, an associate or paralegal may be handling various aspects of your case. It is best to determine who you will be working with and who will be in charge of your lawsuit. Do you have time for my case? Some attorneys are simply too busy to actively work on your case. If so, it is best to find a different attorney who can give your case the attention it needs and deserves. What are the fees? Some attorneys will work on your case on a contingency basis. Others will charge fees. It is best to determine what fees and expenses you are responsible for so that there aren’t any surprises as your case progresses. Any agreement between you and your attorney must clearly state fees and costs. Why You Need Our Motorcycle Accident Law Firm on Your Side In 2016, over 5,000 motorcyclists lost their lives in crashes across the United States ( NHTSA ). Thousands more suffered injuries that year in preventable horrific accidents. There are no reinforced steel cages, seatbelts or airbags protecting riders from harm. So, they need an attorney who will act as a shield when the injured need compensation. At David K. Wilson & Associates , we fight aggressively for our clients from the very start. We know injured riders need money now, and without legal representation, they could face a long, uphill battle. So, call our Texas motorcycle accident lawyer to help you get the compensation you need after a motorcycle accident.
By David K. Wilson & Associates July 19, 2021
If you have spent any time on the road, you’ll know that semi-trucks are everywhere. The sheer size of these large trucks is intimidating, but reckless driving is downright scary. The damage that a semi-truck can cause is immense, and no one wants to be around for it. If you see a reckless semi-truck on the road, there are a few ways you can report an unsafe truck driver. Doing so may prevent an accident, or at the very least aid a truck accident investigation later on.  Report the Driver to FMCSA If you see a truck driving dangerously, you can report it to the Federal Motor Carrier Safety Administration. The FMCSA keeps a database with truck companies’ driving records. The organization adds driving complaints to a company’s permanent record and uses these records for investigation purposes. Submitting a complaint may help the FMCSA catch law-breaking truck drivers. This includes drivers who speed, text and drive, drive under the influence, or who drive for more hours than legally allowed . It may also help them catch truck maintenance violations. If you witness negligent and unsafe truck driving, you should file a complaint. You can contact the FMCSA by phone at 1-888-368-7238 or online. Report Negligent Driving to Statewide Authorities The FMCSA enforces driving regulations on the federal level. However, states impose further regulations for semi-trucks that may differ. Filing a complaint with your state’s Department of Transportation may yield beneficial results. Texas Department of Transportation, TxDOT, outlines their complaint filing procedures online. Call 911 You should consider the above options for reporting unsafe truck drivers first. However, some cases of negligent truck driving are extremely dangerous. In the case of an emergency, you will want to call 911. Be sure to include descriptive details to the dispatcher. This should include the incident, the truck involved, the license plate number, and your location. Operators will notify the proper authorities who will investigate the incident. What If I Am Injured by a Reckless Truck Driver? Reckless and negligent truck driving that goes unreported often results in disaster. If you suffered an injury in such an accident, there are key points of evidence you should collect. Knowing what vital evidence your case needs is important, so please read our guide to 5 Types of Important Evidence When Filing a Truck Accident Claim . Contact Our Texas Truck Wreck Lawyer for Help You should also reach out to our Sherman truck accident lawyers. Having an experienced attorney on your side can help secure the most beneficial outcome for you . Truck accident victims often face long term recovery, and their compensation should cover it. Further, our Texas truck wreck lawyers understand that there are many different sources of liability in these cases. We can help you get the compensation you deserve from those who owe it.
By David K. Wilson & Associates June 25, 2021
July the Fourth is coming up, and you know what that means. Barbeques, parties and fireworks! The number of people on the road will increase significantly. Thus, you can expect to see an increase in car accidents, particularly drunk driving accidents. Our Sherman car accident lawyer wants you to stay safe while driving during the independence day weekend. These steps may help you avoid a Texas drunk driving accident over the holiday. Texas Drunk Driving Statistics Texas is one of the most dangerous states for DUIs . In fact, more fatalities from drunk driving occur in this state than any other. The National Highway Traffic Safety Administration (NHTSA) confirms this. In a 2017 report , they calculated that 1,468 people died during Texas drunk driving accidents. Thus, you should take precautions when driving in high traffic areas, especially at night. Avoid an Independence Day Accident Due to Drunk Driving in Texas Attorney David K. Wilson has decades of experience litigating car accident cases. Here are his top tips for avoiding a Texas drunk driving accident: Avoid driving late at night whenever possible Use extra caution at intersections Pay attention to your surroundings when driving Maintain a safe following distance on the highway Reduce how much you drive during a holiday (including July Fourth) Contact Our Texas Car Accident Lawyers Were you involved in a Texas drunk driving accident over the Independence Day weekend? If so, then you should consult with our Sherman car accident lawyer. At David K. Wilson & Associates, Attorneys at Law, we will help you hold the negligent driver accountable for his or her reckless behavior.
By David K. Wilson & Associates May 23, 2021
Driving is a common everyday occurrence. In fact, there are 222 million licensed drivers in the country and many of them are out on the roads every single day. Whether you are out shopping for groceries or commuting to work, driving is a part of everyday life. When you are behind the wheel of a car, one of the maneuvers you perform most frequently is changing lanes. You change lanes to merge onto the freeway. You change lanes to avoid slower drivers. Yet when an accident while changing lanes occurs, who is to blame? Is the driver changing lanes always the one at fault? Who Is At Fault When an Accident While Changing Lanes Occurs? Texas law states that drivers are only allowed to move between lanes when it is safe to do so. This means that the driver changing lanes must use the utmost care and caution when changing lanes. If an accident occurs while changing lanes, then the driver changing lanes is likely at fault for the crash. They can also receive an unsafe lane change citation. Safely changing lanes is often more complicated than many people realize. When changing lanes, drivers must use all their mirrors to ensure their safety. Yet, even when using mirrors, there are still blind spots. As such, drivers must briefly turn to check their blind spots before proceeding. As a final safety precaution, drivers must also use their turn signals to indicate to other drivers that they need to change lanes. Using your signals is a key component of changing lanes safely. When an accident occurs while changing lanes, the jury will need to establish clearly who is at fault. To do this, they will determine who has the right of way. Typically, the driver who is already present in that lane has the right of way. However, it is not uncommon for both drivers to share some of the liability for the accident.  Why You Should Contact Our Sherman Car Accident Lawyer If you suffered an injury in an accident while changing lanes, it is important to speak to an experienced attorney. Your lawyer will answer your questions and help you fight for the compensation you deserve after a serious accident. Determining liability is often complex. As such, it requires a law firm with both experience and resources. At David K. Wilson & Associates, Attorneys at Law, our Sherman car accident lawyers know that changing lane accidents are complex. It is not always clear who is truly to blame for the accident and injuries. That is why you need an experienced car accident lawyer on your side. We offer complete and compassionate legal assistance. We want to help you get the money you need to put your life back together again.
By David K. Wilson & Associates April 28, 2021
Injured in an Uber accident or any other ridesharing accident? It is important to know your rights as passenger. Under state law, you are able to collect compensation from the “at-fault” driver and their insurance company. Unlike other accidents, however, who is liable for your accident isn’t always immediately clear in the aftermath. If your accident involved a driver who was “on-the-clock” when the accident occurred, you won’t necessarily file a claim with the driver’s insurance policy. Instead, Uber’s $1.5 million umbrella policy should cover all of your injuries and damages.  While this process may seem cut and dry, establishing liability after an Uber accident is tricky. These are the five important things you need to keep in mind if you suffered an injury in an Uber Accident. 1. Seek Medical Attention Your health is always the first priority when it comes to auto accidents. Even if you do not feel injured, it is best to have a medical professional complete a thorough exam. Some injuries can take days or weeks to become fully apparent. Get the medical treatment you need first. The medical records from your treatment will also help strengthen any claims you make later. 2. Report Your Accident Immediately It is important to report your accident immediately to both the police and Uber. If you are able, stay on the scene and complete an official police report. This report will be critical evidence in your claim. Once the police clear you to go home, file an insurance claim directly with Uber. Do not go into details, do not apologize for anything. Keep your interaction short and only give the necessary details. The insurer may try to use your words against you. 3. Numerous Parties May Be Liable If you suffer an injury in an Uber accident , numerous parties may be responsible for your accident. As such, there are four possible insurance policies that could cover your medical expenses, lost wages, and damages: A third-party motorist’s insurance company The Uber driver’s liability policy Uber’s liability policy Uber’s uninsured/underinsured motorist policy 4. Pedestrians Face an Uphill Battle When an Uber driver collides with a pedestrian, that injured pedestrian may not always file a claim with Uber. Uber is only liable for accidents that occur while their driver is transporting a passenger or paired with a passenger. If the driver was not logged into the app and working at the time of the accident, then the driver’s personal insurance policy would be the primary payer. Due to the specific complexities of pedestrian accidents involving ridesharing vehicles, it is important to contact an attorney to represent you after your accident. 5. Know Your Passenger Rights If you use Uber or another ridesharing service, it is important to know your passenger rights. Right to a Safe & Newer Vehicle – Every vehicle authorized for passenger transport must not be older than 10-years-old. You can refuse the ride if your driver arrives in an old or improperly working vehicle. Right to a Seat Belt for All Passengers – All Uber rides must provide a working seat belt for all passengers. If the Uber driver’s vehicle is missing seat belts or the seat belt do not work, you have the right to refuse the ride. Right to a Sober Driver – If you suspect that your driver is driving intoxicated or under the influence of drugs, you should report the driver and refuse the ride. Never ride in a car with someone who has been drinking. Right to Personal Space – All passengers have the right to personal and private space. If a driver is harassing you, making inappropriate comments, or flirting, then you have a right to refuse the ride and report the driver. Right to Safety – If your driver is driving in an unsafe manner – such as speeding, road rage, or reckless driving – then you have a right to refuse the ride, and you should report the driver. The customer support team at Uber should follow up with you immediately. Injured in a Ridesharing Accident in Texas? If you suffered an injury in an Uber or Lyft accident here in North Texas, it is important to know your rights. At David K. Wilson & Associates, Attorneys at Law , our Texas ridesharing accident lawyers have the experience and resources needed to win these types of cases. We fight tirelessly for passenger rights and hold negligent drivers responsible for their actions. Contact our law firm today fill out our confidential contact form and someone will call you back.
By David K. Wilson & Associates March 30, 2021
Texas is not known for its particularly harsh winters. However, it can still get pretty cold, and the weather can get dicey for a motorcycle rider. This can leave your motorcycle in the garage for months during the cold winter. Luckily, winter is at an end, and warm weather has started motorcycle season once again.  Before you head out on the open road there are a few things you need to do. The motorcycle accident attorney at David K. Wilson & Associates, Attorneys at Law has gathered some tips to help you prepare for the motorcycle season. How to Prepare Your Motorcycle for Riding Season Unless you have been riding in the cold months, your bike has probably been sitting in the garage. It is important to remember that no motorcycle will be in the same condition it was when you first put it into storage. Here are the things you need to watch out for when putting your stored motorcycle back on the road. Tires: Depending on how you stored your bike, there could be several problems with your tires. If your bike was sitting without stands, the tires could have cupping, flat spots or deflation. Check the tire carcass before riding, so you can be aware of your tire’s condition. Sometimes simply adding air and riding on the tires a little will smooth things out. But severe cupping can compromise the structure of your tire, so you may have to buy new ones. Remember, tires connect you to the road, and bad tires will result in a bad ride. Leaks: Check underneath you motorcycle for gas or oil leaks. Cold weather can cause fluids to expand and contract. This can have an effect on hoses and pipes that may be brittle due to age or the cold weather. If you have any leaks, get them addressed before going out riding. Lights: Texas law requires functioning headlights, brake lights and signals. In addition to this, lights make it easier for other motorists to see and avoid hitting you. It just makes good sense to be sure these features are working right at the beginning of motorcycle season. Fluids: Check your oil and brake fluid. If your oil is brackish, it may be time to change it. Fresh oil keeps your engine running smoothly and prevents excessive wear. Brake fluid can break down in cold weather. It is also hygroscopic, which means it tends to absorb water particles. This can make your brake fluid less effective and make your brakes spongy. It is good practice to change this fluid after a long period of rest. Brakes: Speaking of brake fluid, check your brakes too. Make sure the rotors of your bike are not warped and check your brake pads. Thin brake pads can damage your rotors and reduce your bike’s stopping power. A bike that cannot stop, is a death machine. Mirrors: Clean and adjust your mirrors. They are key to seeing the traffic behind you and to your sides. Do not neglect your visibility. When You Need a Motorcycle Accident Attorney, We Are Ready to Help! Winter is gone and it is time to ride. Remembering the tips we just reviewed will help make that riding enjoyable and safe. However, preparation cannot keep you safe from every danger to motorcyclists . Drunk drivers, distracted drivers and reckless drivers are all the top threat to motorcycle riders. If one of these negligent parties injures you while riding, our motorcycle accident attorney can help. Our Sherman personal injury lawyer can gather evidence, interview witnesses and file the paperwork you need to get compensation. Undertaking such tasks while you are also trying to recover from an injury is not a good idea.
By David K. Wilson & Associates March 21, 2021
If you’re a victim of one of the five most common types of personal injury claims , which includes car accidents, medical malpractice, slip and falls, product liability, and animal bites, you will not only need an experienced personal injury attorney to help win your case, you will probably also need an expert witness who can provide evidence and lend credibility to your lawsuit. The law firm of David K. Wilson & Associates has spent more than 40 years pursuing personal injury claims for its clients, and over the years expert witnesses have been an important part of obtaining settlements and winning jury trials. Let’s take a look at some of the advantages of using an expert witness in personal injury claims. Benefits of Using An Expert Witness An expert witness is someone who has gained expertise in a chosen field or industry. For example, in murder cases, prosecutors often use ballistic experts to confirm whether a bullet found at a crime scene was fired from a specific weapon. In personal injury cases, the benefits of using an expert witness include:  Comfortable In Legal Settings – Expert witnesses spend a lot of time providing testimony at civil trials, which means that they’ve developed a certain level of comfort when they are in a legal setting such as a court-room or an arbitration hearing. This comfort includes the ability to speak in layman’s terms about complex subjects, and to explain how a certain event (like leaving medical instruments inside a patient) could cause extensive bodily damage. Translate Damages and Loss Into Actual Numbers– Expert witnesses can also help a jury understand how the damages or loss you suffered in a personal injury accident translate into actual numbers. For example, if you are filing a wrongful death suit, an expert witness could quantify the loss of future income and how that will affect your quality of life for a specific number of years. Recreate Personal Injury Events – Some expert witnesses can reconstruct or recreate the events that led to a personal injury accident, which can solidify your case. This helps a jury envision the exact sequence of events that led to the accident, and can help strengthen a defendant’s liability. Contact a Personal Injury Lawyer In Sherman For Your Claim When your case relies on evidence and credibility, an experienced personal injury attorney will make sure to bolster your claim by using an expert witness. This can range from an accident reconstruction specialist, to a medical expert who testifies in a malpractice claim. Finding these quality experts is the job of a personal injury lawyer in Sherman that has spent decades making the right connections. This description fits the team at David K. Wilson & Associates. For more than 40 years, this firm has taken on personal injury claims and obtained settlements and court victories.
By David K. Wilson & Associates February 18, 2021
Unsafe lane changes are one of the major contributors to car accidents in the U.S. A study by the Insurance Information Institute says that drivers who failed to maintain their lane caused 3,706 crashes in 2018. Many of these accidents were the result of drivers failing to detect the presence of a vehicle in an adjacent lane. To help you improve your safe driving techniques, the car accident attorneys at David K. Wilson & Associates, Attorneys at Law have gathered some lane changing tips. We hope they will come in handy to help keep your family safe. Always Check Both Mirrors To Prevent Car Accidents When Changing Lanes It’s natural for drivers to check their side mirrors before changing lanes, but you should also check your rearview mirror to help prevent car accidents . Glancing at your rearview mirror gives you a comprehensive view of the cars behind you, especially the car or cars that you could hit when you change lanes. Make sure you can see the front of the vehicle directly behind you in the adjacent lane before you attempt making the lane change. This provides you with sufficient time to change lanes without impeding that vehicle’s forward progress. Always Signal Your Intent To Change Lanes After checking all mirrors, make sure you signal your intent to change lanes. Many drivers simply veer their car into the adjacent lane without signaling. This can cause the driver of the car in the adjacent lane to overreact. That type of overreaction can lead to car accidents, so it is always best to signal other drivers when you are preparing to change lanes. Always Perform a Shoulder Check Before making a lane change, it is vital that you look over your shoulder to check out the traffic behind and to the side of your vehicle. This is known as a shoulder check. It provides you with a complete view of traffic—including the dreaded blind spot beyond the vantage point of your mirrors. Drivers who fail to perform a shoulder check often miss their blind spots. This failure can lead to a lane-change collision. Protect Your Rights After a Car Accident The sad truth is that while you may practice these safe lane changing tips , other drivers may not. Their negligence could lead to an accident that may hurt you or a member of your family. If such a crash occurs, handling the fallout could cause you a great burden. Recovering from your injuries should by your focus in these difficult times, and our Sherman auto accident lawyer can help.  We can talk to witnesses, gather evidence and negotiate with insurance companies while you recover. Let our experienced personal injury firm handle every aspect of your claim. The team at David K. Wilson & Associates has a long track record of obtaining compensation for its clients. But experience isn’t just about how many cases a firm has handled, it is also about the number of settlements and trial victories the firm has won.
By David K. Wilson & Associates December 17, 2020
Personal injury is a vast topic. In Texas, claims can range from automobiles to oil mining accidents. While most lawsuits end in some form of compensation or settlements, knowing your rights can help protect you and ensure that you get justice for your loss. You have two years from the date of the injury to file a claim, otherwise, you could lose the right to file. That is why you should speak to a legal professional to confirm what steps you need to take.  Common Personal Injury Claims Automobile Accidents Texas is a massive state in both population and geographical size. With a large population and many drivers on the road, it is no surprise that automobile accidents are one of the most common personal injury claims filed. This includes drunk driving incidents, collisions and even pedestrian accidents. At-fault drivers are liable for financial costs related to the collision, including medical bills. Notifying and working with insurance companies can be overwhelming. Speaking to a legal professional who understands insurance companies may help ensure that you maintain your rights. Medical Malpractice Medical malpractice is a serious and complicated matter that can become extremely costly in a short amount of time. The wrong medication, a bad diagnosis, or even too much medication could create new medical problems or even have fatal results. Because of the potential for significant costs, Texas has put a limit on the amount of damages recoverable to $250,000. There are exceptions though and getting expert legal advice can help recover damages. Slip and Fall Claims Slip and fall claims, or premises liability, are fairly common. These personal injuries often lead to emergency room visits all across Texas. Spinal cord injuries are the most prevalent. Businesses are legally required to maintain a safe environment for consumers and employees. Failure to comply means the injured may hold businesses liable for the damages or losses caused by an injury sustained on their property. This is not limited just to businesses. Construction accidents are major subcategories of the premise liability personal injury claim . Exposed wires, shaky foundations, and large machinery contribute to worker risks. Surprisingly, homes and areas of land also fall into the category of premises liability. Product Liability Product liability includes injury from products that are defective and/or dangerous to consumers. If a product causes unexpected injury or damage, courts could hold the seller, designer or manufacturer responsible. Products are legally required to include potential danger warnings to protect consumers. Determining who is accountable can be tricky and very lengthy. To best determine the proper steps for maximum accountability, speak to an attorney. Animal Injury Animal injuries are surprisingly common. Pet-related injuries, particularly dog bites, have risen significantly. Texas law holds pet owners liable if the person making the claim can prove that the owner knew the dog would attack. This may seem daunting but using the dog’s history and breed can help with the case. However, this issue varies from person to person and the best option is to contact a legal professional who will know what to look for. Contact Us For More Information Personal injury can be frustrating, worrying, and even debilitating. We specialize in protecting your rights and ensuring you are afforded the resources that you deserve.
By David K. Wilson & Associates October 29, 2020
Halloween in North Texas can be one of the most fun holidays of the year. Candy, costumes and the spooky thrills of the season delight kids and adults alike. However, 2020 has brought quite a few challenges when it comes to Halloween fun. Here at David K. Wilson & Associates, Attorneys at Law we want you to be safe this Halloween. So, we have collected a list of Halloween hazards that you and your kids should know about.  Halloween Hazards to Avoid in 2020 Due to the Coronavirus, many North Texas counties, cities and neighborhoods are restricting trick-or-treating this year. Dallas County Judge Clay Jenkins is advising against trick-or-treating this year . Several popular treating neighborhoods, such as Waggoner Driver in Arlington and Swiss Avenue in Dallas, have canceled trick-or-treating . Despite these closures, many places are still finding a way to celebrate. Walmart Stores across the Metroplex are hosting trick-or-treat drive-thrus . Plus, some neighborhoods are hosting socially-distanced costume parades. No matter how you celebrate, there are safety issues you should still plan for this Halloween. Cosmetics and Contacts Makeup and contacts are often a staple of high-quality costuming efforts. These touches can give a costume just the right pop to stand out but be cautious. Pigments in some makeup can cause allergic reactions. Also, cheap contact lenses can contain chemicals or have manufacturing defects that can harm the eyes. In some cases, cheap contact lenses can cause infections and blindness . Flame-Resistant Costumes Many Halloween decorations involve open flames. This can leave young children vulnerable if their costumes can easily burn. U.S. regulations call for commercially sold children’s costumes to be flame-resistant. But remember, flame-resistant does not mean flameproof. Keep an eye on your children around fire to prevent potential burn injuries. The Most Dangerous Night for Children Despite the kid-friendly fun to be had on Hallow’s Eve, it is actually one of the most dangerous nights of the year for children. The National Safety Council says that kids are two times more likely to suffer a fatal pedestrian accident on Halloween . Even older children need to be cautious. A State Farm report says that most Halloween pedestrian fatalities happened to teens aged 12-15 . When out on Halloween, be sure your party stays on sidewalks, uses crosswalks, and carry a flashlight. Also, try to stay visible by wearing reflective materials. Drunk Driving Another consequence of the festivities of Halloween is the drunk drivers leaving parties. These individuals account for around 44 percent of the fatal car crashes on Halloween night . Drunk drivers are also responsible for many of the pedestrian fatalities that happen on this holiday. Be alert to signs of an intoxicated driver. How Can an Injury Attorney in Sherman, Texas Help? Staying aware of these Halloween hazards may not be enough to protect your family. The negligent actions of others are rarely in our control. This is why you should contact our Sherman, Texas accident law firm should something happen to your family. Our North Texas injury attorney, David K. Wilson , has over 40 years of experience practicing law. To learn more about his practice, check out our FAQ page .
By David K. Wilson & Associates September 29, 2020
For years, experts have anticipated that self-driving vehicles would be coming to our roads soon. However, this new technology has hit several roadblocks in the past few years. These incidents have brought the safety of self-driving cars into question. So, why are companies bringing a new wave of autonomous trucks to test in Texas? Our truck accident lawyer from Sherman, Texas takes a closer look at recent developments and how they could affect you.  More Autonomous Trucks Are Coming to Texas Back in July, Aurora, an autonomous vehicle tech company owned by Amazon, announced it would test self-driving trucks in Texas . It has targeted the Dallas-Fort Worth Area as its headquarters for the new project. It will start out using minivans to test its technology before moving to Class 8 trucks. Even more shocking is that it will not be the only company testing autonomous trucks in the area. Waymo, a division of Alphabet Inc., which is the parent company of Google, is also testing self-driving trucks in the Dallas area . The company plans to use I-10, I-20 and I-45 to send self-driving trucks to Houston, El Paso and Phoenix. Actual drivers will drive the routes before the self-driving tech gets a chance to drive. However, there are several concerns that companies must address when testing these technologies. The Problem With Testing Autonomous Trucks in Texas Though Texas law has not put up any roadblocks to autonomous vehicle testing, there are still concerns. Several incidents in recent years have brought the safety of self-driving vehicles into question. In California, the driver of a Telsa vehicle lost his life when his vehicle crashed while in auto-pilot mode. In Arizona, a woman walking her bike across the street was struck by an Uber autonomous vehicle . She did not survive. In the Arizona case, Uber confirmed that the vehicle saw the woman as she was crossing the street. However, an error in the vehicle’s programming prevented it from slowing down or stopping. The safety driver who was in the vehicle was not paying attention to the road right before the collision occurred. Incidents like these have shaken the public’s confidence in self-driving technology. Even the Texas A&M Transportation Institute has acknowledged that teaching computers to drive has been harder than expected . Despite these incidents, Texas lawmakers are continuing to allow autonomous vehicle testing in our state. This could prove dangerous for Texas drivers. Self-driving tech companies are focusing on the commercial trucking industry as a current target. Shipping routes are simpler to work with than domestic transportation. Also, the shipping industry is eager for the tech due to driver shortages. But these large vehicles can cause more serious damage in a traffic collision. What Do I Do If I Am in an Accident With an Autonomous Truck? So far, when self-driving vehicles have gotten into wrecks, the company owning that vehicle has had to take responsibility. With the aid of an attorney, those injured have filed lawsuits against these companies. These cases usually settle before going to trial, but getting a fair settlement is not easy. Companies that own and test self-driving cars are huge. They have teams of lawyers working to minimize the costs related to any crash. Do not face these companies without legal representation that can stand up for your rights. At David K. Wilson & Associates, Attorneys at Law , we have the experience you need to face these legal teams. Our Texas truck accident lawyer is familiar with the strategies used to reduce compensation for the injured. We can help you beat those strategies and get the fair compensation that you deserve.
By David K. Wilson & Associates September 14, 2020
Compared to an accident involving two passenger vehicles, a collision between a passenger vehicle and a truck can be catastrophic. A tractor-trailer, due to its size and structure, can inflict much more damage than a passenger vehicle. However, the good news is that the field of truck driving is highly regulated. As a result, there may be more evidence available when you are filing a truck accident claim. Evidence #1: Police Report You should always call emergency services after an accident. First, it is important to seek medical care right away . However, you also need a police report. The police report outlines the circumstances of the accident and any citations given. You can request a copy of the police report within a few days or entrust that task to your trucking accident lawyer . Evidence #2: Your Vehicle Even in minor truck crashes, passenger vehicles typically suffer substantial damage. Take plenty of photos of your vehicle from all angles. You should also hold off on repairing your car until you have spoken to your lawyer. The type and severity of damage your vehicle experiences serves as an important piece of evidence when filing a truck accident claim. Evidence #3: Medical Reports After a truck accident, getting medical care should be your top priority. The effects of an accident may go undetected for weeks or even months without a thorough medical examination. Get copies of all your medical reports for your attorney. Part of securing a fair settlement is demonstrating the harm you have suffered due to the other party’s actions. Medical records track the initial state of your injuries and any changes in your condition. Evidence #4: Trucking Logs and Data Trucking companies, truck drivers, and surveillance systems built into trucks capture an enormous amount of data about a truck’s safety and an operator’s driving habits. A trucking log can be an essential piece of evidence in a personal injury case. A log book, whether physical or electronic, maintains important information. This information includes: Hours driven within a seven-day period Mileage Length and frequency of breaks Results of daily truck inspections This documentation can uncover a driver’s errors or issues with a truck, making it easier to prove liability in a crash . Evidence #5: Information on the Driver and Their Company There are many common causes of truck accidents . Many accidents trace back to unsafe driving habits or unrealistic expectations of trucking companies. Drivers may be fatigued after a long day on the road. In some cases, alcohol and drug tests uncover driver impairment. In addition to information on the driver, your attorney may investigate the company that employed them at the time of the accident. If the company has a history of pushing drivers too hard or requiring drivers to ignore state regulations , they could be at fault.  Reach Out to Our Grayson County Truck Accident Lawyer for Help With Your Claim Our Sherman truck accident lawyer can help you seek compensation after an accident. The trucking company’s insurance provider will fight your claim aggressively, so you need an attorney who is willing to fight on your behalf. Call David K. Wilson & Associates, Attorneys at Law today, schedule your free case evaluation .
By David K. Wilson & Associates August 29, 2020
It is never a bad idea to contact an experienced car accident attorney after a car accident . At David K. Wilson & Associates, Attorneys at Law, our Sherman, TX personal injury lawyer offers a free initial case evaluation. This way you can examine your legal options. Fortunately, some car accidents may not require calling a lawyer. If you did not suffer any injuries, and the damage done to your vehicle is relatively minor, you may be able to handle your claim alone. However, there are times when calling an experienced car accident attorney is necessary. Knowing when to hire an attorney after a car accident is key to understanding your legal rights and recovering the compensation you need to put your life back together again.  When to Get An Attorney After a Car Accident If any of the following points apply to your situation, it is imperative that you contact a Texas car accident lawyer as soon as possible: Your car accident resulted in significant injury; Liability of the accident is unclear; Your car accident involved other motorists or pedestrians; Your car accident occurred in a construction zone, school zone or protected area; The police report is inaccurate; Your car accident involves insurance limitations or an uninsured driver; The insurance company is giving you the runaround or acting in bad faith; The accident has resulted in significant time missed from work due to injuries. Benefits of Hiring a Car Accident Attorney Hiring a lawyer after a car accident has numerous benefits that could significantly enhance your ability to collect the compensation you deserve . Insurance companies notoriously offer lower settlements to individuals who are not represented by a law firm. With a car accident lawyer on your side, you can rest assured knowing that your attorney is looking out for your best interests and negotiating a better settlement for you. Your attorney will also ensure that you do not miss any critical deadlines for filing a claim. In the state of Texas, injured car accident victims only have two years from the date of injury to file a claim. This is known as the statute of limitations. If you miss this deadline, it will be much more difficult to recover compensation from the negligent party. Even if you believe that you can handle your car accident claim alone, it is best to speak to an experienced and skilled Texas car accident lawyer. Your attorney can help you review all of your legal options so you can choose the one that is best for you and your family. Contact Our Car Accident Lawyer in Sherman, TX Today At David K. Wilson & Associates, Attorneys at Law , our Texas car accident lawyer knows that injured car accident victims face an uphill battle when trying to collect the money they need to put their lives back together. Insurance companies are skilled at using tactics designed to pay victims as little as possible. That is why we fight so aggressively for our clients.
By David K. Wilson & Associates July 29, 2020
The average passenger vehicle weighs around 3,000 pounds. However, the average fully-loaded commercial truck can weigh up to 80,000 pounds. This is why a collision between these vehicles often results in severe injuries and fatalities. The Federal Motor Carrier Safety Administration claims that 5,000 people lost their lives to truck accidents in 2017. Tens of thousands more people also suffered injuries in these crashes. But what are the most common causes of truck accidents? Our Texas truck accident lawyer has gathered the data so you and your family can stay safe on our roads. The Three Top Causes of Truck Accidents Considering how often we share the road with these large vehicles, it is important to know the causes of truck accidents. The Large Truck Crash Causation Study assigned fault for truck accidents to the truck in 55 percent of all truck accidents it observed. Here are the top three reasons for crashes the study encountered: 1. Driver Decision This category included issues such as truckers speeding, misjudging the speed of others and tailgating. Errors like these accounted for a total of 38 percent of the crashes caused by trucks. 2. Driver Recognition When a driver is driving while distracted or fails to observe situations properly, they fit into this category. Accidents related to inattentiveness are growing nationwide. However, they make up 28 percent of all trucking accidents caused by trucks in our nation.  3. Driver Non-Performance Drivers who suffered medical emergencies or fell asleep at the wheel make up this category. These incidents only account for 12 percent of the truck-caused accidents. What Other Causes of Truck Accidents Do I Need to Know About? Though these top reasons make up 78 percent of all truck caused accidents, there are other causes you should know about. Truckers panicking, overcompensating and losing control account for 9 percent of these crashes. Vehicle failures account for 10 percent, and the environment accounts for 3 percent. If you want to learn more about the causes of truck accidents, check out our blog on the causes of semi-truck accidents . Still Have Questions? Our Sherman Truck Accident Lawyer Can Help A truck collision can be very complex and not all Texas truck accident lawyers are up to the task. However, David K. Wilson & Associates, Attorneys at Law have the experience and know how you need.
By David K. Wilson & Associates June 29, 2020
Did you know that Texas has not had a day without a traffic fatality since November 7, 2000? It is no secret. The Texas Department of Transportation (TxDOT) launched a campaign to fight this statistic. They call it #EndTheStreakTX. With drivers all over Texas stuck inside due to the coronavirus pandemic, you would think ending the streak was possible. Unfortunately, you would be wrong. Has the Coronavirus Pandemic Made Driving in Texas More Dangerous? Stay-at-home orders have cleared the streets of traffic. However, motor vehicle accidents have not decreased. Research from the National Safety Council (NSC) says traffic fatalities actually increased in March. Nationwide, there was a 14 percent increase despite quarantine. Here in Texas, there was a 6 percent increase. In April, Community Impact Newspaper analyzed numbers from TxDOT data . The journalists determined that crashes dropped between 11 and 15 percent from January to April. Despite this drop, Texas traffic fatalities only dropped 3.35 percent. So, why are automotive fatalities holding steady? Authorities are pointing toward a combination of irresponsibility and inexperience. More drivers are driving while distracted. They are failing to stay in their lanes, and they are speeding. Texas is also allowing student drivers to apply for their license without testing. Now that Texas and other states are reopening, safety concerns are increasing. Will reckless driving continue as more Texans hit the road?  How Can You Fight the Coronavirus Traffic Fatalities Trend? Right now, the NSC is recommending several safety measures to protect yourself. These measures include: Following state and local directives Following the speed limit Watching out for pedestrians and bicyclists Practicing defensive driving Buckling up Not driving while distracted Not consuming alcohol or drugs before or while driving Talking to your teens about driving safety How Will These Accidents Affect Texas Personal Injury Lawsuits? The accidents that happen during the coronavirus lockdown will likely lead to lawsuits. These cases often involve negligence, and the injured deserve compensation . At David K. Wilson & Associates, Attorneys at Law, we understand your needs. We have a history of helping the injured recover damages . This can go a long way toward helping your family’s healing process.
By David K. Wilson & Associates May 10, 2020
The novel coronavirus is responsible for more than 55,258 U.S. deaths as of April 28. These are only recorded deaths. It is not possible to determine whether the death toll is higher without additional widespread testing. While the deadly virus continues to spread throughout the country, some businesses are already facing lawsuits for infections. Walmart was recently sued by the estate of a worker who died from COVID-19 . COVID-19 is the illness caused by the novel coronavirus. According to the lawsuit, a Chicago-area Walmart failed to notify its staff after several workers began showing symptoms. The cruise company Carnival Corp. is also facing personal injury lawsuits due to coronavirus infections. Infected passengers and their family members sued the cruise company , alleging it did not do enough to prevent the infections. More lawsuits against businesses and individuals are likely to occur during and after the pandemic. Personal Injury Lawsuits for COVID-19 The current pandemic is uncharted territory for businesses and personal injury lawyers. Whether someone could file a lawsuit for contracting the disease depends on the circumstances. State and federal law as well as many other factors could come into play. Can Customers Sue for COVID-19? Infected customers may run into trouble while seeking compensation against a business. One hurdle that some potential plaintiffs could face is whether they can prove a person or business is responsible for their infection. Given the long incubation period for SARS-CoV-2 (the novel coronavirus) and its likely high R0 value (a metric that measures contagiousness), some people may run into problems while trying to demonstrate causality. This does not mean that it is impossible to file a personal injury lawsuit against a business after developing COVID-19. It does mean it could be more difficult than filing a personal injury lawsuit for other reasons, such as a car accident. Causation is more clear in a car accident lawsuit . You generally know who caused the accident. This is not necessarily the case for a lawsuit involving COVID-19. If a person can prove that a business owed them a duty of care, that duty of care was violated, and the person suffered infection and damages as a direct result, then it might be possible to file a claim. Truck Accident Lawsuits During the Pandemic The Department of Transportation recently relaxed hours of service rules for commercial drivers hauling basic consumer goods and items for relief efforts. Hours of service rules stipulate how long drivers can operate before taking a mandatory rest break. Although there are fewer cars and trucks on the road, relaxed hours of service rules could increase the risk of truck accidents. Fatigued driving is a cause of truck accidents in Texas and across the nation. Depending on the circumstances, it could be possible to hold a trucking company or additional parties liable for damages suffered during an accident. The same is true of car accidents.  Follow Our Sherman Personal Injury Law Firm for Updates We are a Sherman personal injury law firm with experience handling many types of injury and wrongful death cases. You can learn more about our experience by continuing to explore our website. For additional updates on our services, follow our blog and like us on Facebook .
By David K. Wilson & Associates April 23, 2020
Drivers in Texas know the dangers of the roads in the Lone Star State. Sprawling freeways and highways lined with oil and gas trucks. Rural roads with limited cell reception and lighting. There are more than 3,200 miles of Interstates in the state. The longest is I-10, which runs 878 miles between El Paso and Orange. The longest highway in Texas is U.S. 83, which extends from Oklahoma to the Mexico border. These highways and interstates are some of the most dangerous roads in the state. Every year thousands of drivers and passengers get into serious and fatal car accidents on these roads. However, some cities in Texas seem to be more dangerous than others. Do you know the worst cities to drive in? Where does your city rank? Texas’ Worst Cities to Drive In A new study from Aceable , ranked Texas cities from best to worst. To determine these rankings, Aceable assessed the state’s crash data, as well as drinking and driving data. They then compared driving laws and pending legislation in those areas to determine the worst cities to drive in. What Texas cities were the worst to drive in? Dallas Beaumont Odessa Fort Worth Wichita Falls Laredo Denton Midland El Paso Amarillo  Dallas claimed the top spot as the worst Texas city to drive in. Here, 14.2 fatal car accidents occur per 100 thousand residents. Even though it is only the third most populous city, drivers here have a greater risk of getting into a serious and fatal car crash. Aceable reviewed the 40 most populous cities in the state to determine their rankings. Although Sherman did not make the list, the cities and areas around Sherman did. Denton placed the 7th most dangerous. Car accidents in Dallas and surrounding areas often occur along Hampton Road, Interstate 20 and Interstate 635. These roads are exceptionally dangerous. In fact, according to 2016 statistics , Dallas saw a 28 percent increase in passenger vehicle accidents that year. Contact Our Sherman, TX Accident Law Firm If you suffer an injury in a car accident in Sherman or anywhere in the state of Texas, you need someone on your side. At David K. Wilson & Associates, Attorneys at Law, we can help you fight large insurance companies and win maximum compensation. Attorney David Wilson believes in giving accident survivors personalized legal guidance from the very start. No matter how your car accident occurred, we want to help. That is why we offer a free consultation and review of your case.
By David K. Wilson & Associates March 15, 2020
Did you know that more than 4,000 people lose their lives in trucking accidents every year ? In addition, an additional 100,000 people suffer an injury due to truck accidents each year. The fault for these accidents is often spread between many parties . The truck driver, trucking company and shipping company can all share some liability for the accident. In addition, the truck manufacturer or trucking part manufacturer can also share liability. When an accident occurs, it is important to understand how to file a trucking accident claim.  How to File a Truck Accident Claim After a serious truck accident, injured survivors are often focused on recovery. You may find yourself facing a lifetime of pain and suffering, as well as permanent disability. Filing a truck accident claim can help you recover the money you need to put your life back together again. To file a truck accident claim, take these steps. Contact an Attorney During this time, trucking companies remain focused on reducing their own liabilities. They may lose or destroy valuable evidence that could benefit your case. That is why it is important to contact an experienced Texas truck accident lawyer as soon as possible. Your lawyer can investigate the accident and help gather the evidence you need to win your case. Gather Evidence Your attorney will need to gather evidence to help you win your case. This may mean talking with you about the crash and interviewing eyewitnesses. It may also include investigating the crash and taking pictures of the wreckage. The black box data is critical evidence . However, it is not illegal for trucking companies to rewrite over black box data after 30 days. To obtain the black box data, your lawyer will need a protective order and a subpoena. Demand Letter and Negotiation Your attorney may submit a demand letter to the trucking company or at fault driver. This demand letter will notify them of your wish to file a trucking accident claim or lawsuit. The demand letter also includes the amount of damages you seek. During this time, your lawyer will negotiate with the trucking company and their insurance company to help you get the money you need. If a settlement is not reached, your lawyer will take the case to trial. Contact Our Sherman Truck Accident Lawyer At David K. Wilson & Associates, Attorneys at Law, our Sherman truck accident lawyer knows that trucking accident survivors face an uphill battle. That is why we work tirelessly for our injured clients every step of the way. We fight insurance companies and trucking companies for you, so you can focus on your recovery. We want to help you get the money you need to put your life back together again.
By David K. Wilson & Associates February 27, 2020
Distracted driving in Texas occurs more often than you might think. The Lone Star State has some of the highest rates of distracted driving in the country. In fact, a new study ranked Texas as the ninth-worst state for distracted driving . This study ranked states based on data from the National Highway Traffic Safety Administration (NHTSA). According to their data, 758 people lost their lives in distracted driving accidents in Texas between 2017 and 2018. Even more motorists suffered serious injuries in distracted driving crashes. When drivers take their eyes, hands or minds off of driving, disastrous accidents can occur.  If you suffered an injury in an accident with a distracted driver, it is important to understand that you are not alone. However, insurance companies do not always offer fair settlements after a distracted driving accident. It is often difficult to prove distracted driving without the help of an experienced Texas car accident lawyer. At David K. Wilson & Associates, Attorneys at Law , we can help you protect your rights when a distracted driver injures you. Lawmakers Aim to Curb Distracted Driving in Texas According to Texas Department of Transportation (TxDOT), distracted driving causes one in five crashes in Texas. To help protect everyone on Texas roads, lawmakers banned texting while driving in 2017. The law strictly prohibits reading, writing or sending electronic messages while behind the wheel of a vehicle. If you break this law, you must pay a fine between $99 and $200. The amount you pay depends largely on the number of offenses. This new law sent a very clear message that distracted driving is not tolerated on Texas roads. Before this distracted driving law, Texas banned the use of all cell phones for drivers under the age of 18. This included hands-free devices, except in the case of emergencies. There is no current cell phone restriction for adult drivers. However, some lawmakers are actively trying to get a “hands-free” law passed in the state. Contact Our Texas Car Accident Lawyer At David K. Wilson & Associates, our Sherman car accident lawyer understands the complexity of distracted driving accidents. We also know that insurance companies will look for any reason to get out of paying injury victims what they need and deserve. We know how to go toe-to-toe with large insurance companies and win. Our firm is dedicated to protecting the injured after serious Texas car accidents.
By David K. Wilson & Associates February 13, 2020
The trucking industry helps move our economy. In fact, trucks transport nearly 71 percent of all goods across the United States. While these trucks help us in many ways, they also increase the dangers on our roads. Large commercial trucks cause more than 148,000 injury accidents every year and more than 4,700 fatalities. These accidents occur in many different ways, but each can result in serious harm to everyone involved. Understanding the various types of truck accidents is key to obtaining the money you need to fully recover. Do you know the types of truck accidents in Texas? Types of Truck Accidents A truck accident can occur at any time and to anyone. Texas is a major thoroughfare for large commercial trucks carrying goods across the country. These trucks travel on freeways and interstates across Texas at all hours of the day and night.  Unfortunately, more trucks on the road results in more accidents. In 2017, Texas crashes involving large trucks led to 649 deaths. These accidents occurred in many different ways, including: Jackknifes Truck rollovers Tire blowouts Wide-turn accidents Blind spot crashes Rear-end accidents Underride accidents Lost loads Head-on collisions T-bone crashes Large commercial trucks are heavy and difficult to maneuver. They have large blind spots and take longer to stop than other vehicles. These dangers make it more difficult for truck drivers to avoid serious accidents on the road. Inclement weather, distracted drivers and highway defects can all increase the risk of a serious trucking accident . Who Is to Blame After a Truck Accident? After a serious truck accident, multiple parties can share the responsibility for the crash. The truck driver, the trucking company and loading company can all make mistakes that could lead to an accident. To determine liability, your Texas truck accident attorney will need to examine the crash closely and investigate all possible angles . The black box data should be obtained, as well as truck records and maintenance logs. Your attorney will use this information to help build a case to get you maximum compensation for your injuries. Contact Our Texas Truck Accident Lawyer At David K. Wilson & Associates, Attorneys at Law, our Sherman truck accident lawyer understands the horrific injuries trucking accident victims face. He also knows that insurance companies will look for any excuse to pay as little as possible. At our firm, we fight aggressively for our injured clients. We know how to fight insurance companies and large trucking companies and win!
By David K. Wilson & Associates January 29, 2020
Truck accidents are scary and traumatic. When an 80,000-pound fully loaded big rig gets into an accident with a 3,000-pound passenger car, the results are often devastating. Passenger vehicle occupants usually suffer serious and life-threatening injuries. Truck accidents are complex and often involve multiple negligent parties. That is why it is important to know what to do after a truck accident. The steps you take after a truck accident could have a significant impact on your health, your future and your ability to file a claim.  Do You Know What to Do After a Truck Accident? It is natural to have many questions about your truck accident running through your mind. Who will pay for my medical expenses? How can I protect my right to compensation? What do I do after a truck accident? Immediately after any truck accident, it is important to follow these five steps: Step One: Stop and Report the Crash When you get into a truck accident, you have a responsibility to stay at the scene of the crash. Call 911 and alert the police to your accident, especially if someone suffered an injury. Make sure other drivers can see your vehicle and turn on your hazards. When the police arrive, give them a detailed statement of the events. They will then fill out an accident report. This report is an important part of your personal injury claim. Step Two: Seek Medical Treatment Even if you do not believe you suffered an injury, it is important to seek medical attention after a truck accident. If you did suffer an injury, call 911 to alert emergency medical personnel to the accident. These emergency medical professionals can examine you and bring you to a hospital for further evaluation if needed. A diagnosis and medical examination is key to helping you collect the compensation you need after a truck accident. Step Three: Exchange Information If you are able, it is important to exchange information with the truck driver. This information should include a driver’s license number, truck number, insurance information and the contact information for the truck driver’s employer. Step Four: Gather Evidence It is important to gather as much evidence as you can at the accident site. This includes pictures of the crash and the damage to the vehicles. It also includes pictures of anything that contributed to the accident, such as weather or road debris. In addition, write down the events of the accident as you remember it while the details are fresh. Document and journal your recovery as well. Step Five: Call a Sherman Truck Accident Attorney Truck accidents are complex and often require extensive negotiation and litigation. As such, you need an experienced and skilled Sherman truck accident lawyer on your side from the very beginning. Your lawyer can protect your rights to compensation. Without a lawyer in your corner, you may not collect the compensation you truly need. In addition, insurance companies may not treat you fairly without legal representation . To maximize your settlement or award, you need an experienced truck accident attorney on your side. Contact a Sherman Truck Accident Lawyer Today At David K. Wilson & Associates, Attorneys at Law, our Sherman truck accident lawyers know that injured truck accident victims need money now to put their lives back together. Truck accidents often lead to permanent disability and long-term complications. That’s why we fight every step of the way for our injured clients. We know how to fight insurance companies and large trucking companies and win!
By David K. Wilson & Associates January 19, 2020
Texas is an “at-fault” insurance state when it comes to car accidents. This means that proving fault in an accident is important when filing a claim. Failing to prove the other party responsible for your car wreck injuries or damages can get your claim denied. There are many elements which all contribute to proving fault. One major element involves compiling and presenting all the relevant facts about the incident. A good source of this information can come from a car accident report. Obtaining an accident report in Grayson County can go a long way for your claim.  Where to Get an Accident Report in Grayson County Car accident reports are confidential. This means that they are not made available to the general public. However, you can view your crash report if you file a request. There are a couple of ways to request an accident report in Grayson County. The easiest way to do this is by submitting a request online. The Texas Department of Transportation (TxDOT) can send you a copy upon filing a request. They also give you the option to receive either a regular copy or a certified copy. They charge a small fee for both types of copies. To request a report from TxDOT, follow this link to their online purchase system. You can also request an accident report from the city of Sherman by filling out this form. The city of Sherman will send you a copy of your accident report to your email address. Like TxDOT, they also charge a small fee for an accident report. The Importance of a Police Report for Your Car Accident Claim After a car accident, you should contact the police to come to the accident scene. An officer will document the accident and file an official report. In the official report, the officer will include important details about what happened. Details may include: Names and contact information of all involved parties Statements from all involved parties Witness information and statements Weather and road conditions Time and place of the accident The police report may also contain important information about injuries , damages and factors that may have contributed to the accident, such as distracted driving. All of this information can help you and your car accident attorney build a strong claim . There are two major reasons why obtaining a copy of this report may help you with your car accident claim. First, a police report is an official document. A police report is considered an objective report created by a third-party official. Insurance companies and the court will look to it for answers. Second, the more time that elapses after your car accident, the more likely your memory will fade. Recalling exact details about what happened will become difficult as time wears on. To prevent errors in your claim, you should request an accident report. This document is convenient because it preserves certain facts about your case in writing. Contact Our Trusted Car Accident Lawyer in Sherman, TX If you have any issues finding your accident report, or if you are unsure whether you need a certified copy, contact our firm for help. Keep in mind that official police reports do not always contain the correct information. If you believe your police report does not reflect the facts of your accident, we can help. Our personal injury lawyer in Sherman, TX has had success with all kinds of auto accident cases involving cars, trucks, and motorcycles.
By David K. Wilson & Associates December 26, 2019
Truck accidents are far more likely to cause catastrophic injuries or deaths than other types of accidents. Therefore, victims of truck accidents can suffer millions of dollars in damages. There are a couple of reasons why truck accidents are more destructive. The size and weight of commercial trucks ensure collisions cause more damage. When a commercial truck is fully loaded, it can weigh up to 80,000 pounds (40 tons). Truck trailers are also elevated. During collisions, motorists in normal-sized passenger vehicles may be forced underneath a trailer. Underride accidents can result in catastrophic brain and spinal cord injuries. Oftentimes, they are fatal.  What Is the Average Semi Truck Accident Settlement Worth? How much your case is worth depends on the circumstances. There is no “average” settlement amount because each case is different. However, the damages in truck accident cases are often substantial. Factors that may affect damages include: Medical Bills If you incurred medical bills after your accident, then you may be compensated for these expenses. Medical expenses may also include: Costs associated with rehabilitation Home medical equipment Home medical services Catastrophic injury victims are more likely to require medical services long after the accident occurs, or even for the rest of their lives. Loss of Income and Future Earnings Truck accident injuries can cause permanent physical, mental and psychological disabilities (PTSD). For instance, a complete spinal cord injury leads to total paralysis below the location of the injury. This type of injury would rob a person of the income he or she once earned and would certainly limit his or her ability to secure income in the future. Funeral Costs Truck accidents may result in one or more fatalities. If you lost a loved one, and are eligible to file a wrongful death lawsuit , then you can recover damages for funeral costs (and some of the damages listed above). Pain and Suffering A catastrophic truck accident injury or losing a loved one can lead to immense pain and suffering. You may experience a severely decreased quality of life and loss of companionship. Home Modifications You or your loved one could require home modifications to help ease the burden of living with a catastrophic injury. Home modification expenses may factor into a settlement or jury verdict. Transportation Costs You or a loved one may require specialized health care services that are not located near your current residence. Transportation costs for attending treatment may also factor into a settlement or jury verdict. Factors to Consider When Choosing a Grayson County Truck Accident Attorney You should be careful while selecting a law firm to take your potential truck accident case. If you or a loved one suffered extensive damages, then it is crucial that you give yourself the best chance of recovering an adequate settlement or jury verdict. Some law firms have far more experience handling catastrophic injury and wrongful death cases than other law firms. For instance, experienced law firms will have an easier time finding qualified medical experts who can testify about your damages. Law firms with experience handling truck accident cases can also hire accident reconstruction specialists to strengthen your claim. Trial experience is also a factor that you should consider when choosing an attorney. Truck accident cases do not always settle. Insurance companies may not offer a settlement that adequately covers your damages. It may be necessary to take your case to trial. You should also take a look at a law firm’s verdicts and settlements page to see if they have handled cases similar to your case. About Our Grayson County Truck Accident Attorney At David K. Wilson & Associates, Attorneys at Law, our Sherman truck accident lawyer has extensive experience with catastrophic injury and wrongful death cases. If you have questions about truck accident settlements or jury verdicts, then we encourage you to call our office for a free consultation.
By David K. Wilson & Associates September 17, 2019
In 2015, 3,852 people were killed in truck accidents across the United States, according to the Insurance Institute of Highway Safety . A fully-loaded big rig can weigh up to 80,000 pounds, while a typical passenger vehicle weighs about 3,000 pounds. Due to the sheer size and weight discrepancy between large commercial trucks and passenger cars, passenger car occupants sustain the majority of the injuries in a truck accident. Who Is at Fault After a Truck Accident? When a truck accident occurs, police and emergency services are often called to the accident scene to assess the damage and lend emergency medical aid to victims. Arriving police officers will examine the accident scene and speak to eyewitnesses in an attempt to determine who is at fault. They will then put these notes and their findings in a detailed police report. Unfortunately, these notes do not always convey the whole story of a truck accident. After a serious and catastrophic Texas truck accident , there may be multiple liable parties, including:  Trucking companies Truck drivers Truck maintenance companies Shipping companies Truck manufacturers Other passenger vehicles Each of these parties may share some of the liability for a truck accident. As such, establishing liability in a Texas truck accident can be difficult without the help of an experienced lawyer. Our Sherman truck accident lawyer can help you determine liability in a truck accident. In order to establish liability, an extensive investigation must be performed. This may include examining the truck’s black box and electronic logging device . It may also include hiring accident reconstructionist experts to evaluate the crash scene to establish the cause of the accident. Example of Truck Accident Liability It is possible that many parties can share liability in a Texas truck accident. Below is an example: Example: A truck driver speeds down an exit ramp and loses control of his truck. He crashes into two cars. The initial investigation at the accident scene determines that the truck driver is 100% responsible for the accident and subsequence injuries. However, a more detailed investigation reveals that the truck’s brakes failed, and an improperly loaded truck made it even more difficult to control the vehicle. In this scenario, the truck driver, trucking company and the loading company may all share responsibility for the crash. Truck Accident Victims Face Long Recovery Sadly, many truck accidents are catastrophic and result in serious, long-term injuries . These injuries can result in a lifetime of pain and suffering, as well as permanent disability. Truck accident victims need someone on their side from the very start to protect their rights to full compensation. Without a Sherman truck accident lawyer, insurance companies may try to offer you a lowball settlement that is only a fraction of what you need to recover. Never sign anything without first speaking to your attorney. Our Texas Truck Accident Lawyer Is on Your Side At David K. Wilson & Associates, Attorneys at Law , our Sherman truck accident lawyer knows that injured truck accident victims often face a long uphill road to recovery. That is why he fights so aggressively for his clients. He knows how to fight insurance companies and large trucking companies and win!
By David K. Wilson & Associates September 5, 2019
In 2015, nearly 2.2 million motor vehicle occupants were injured in car accidents across the United States, according to data from the National Highway Traffic Safety Administration (NHTSA). Car accidents can cause minor injuries, such as scrapes, burns, or fractures, or they can result in more serious and life-threatening injuries, such as brain or spinal cord injuries. As such, seeking medical attention after a car accident is one of the best ways you can protect yourself. Seeking Medical Attention Could Save Your Life After a car accident, adrenaline in the body spikes. This is the body’s natural response to a stressful, near-death or traumatic experience. When your body releases adrenaline into your bloodstream, the effects are immediate. Adrenaline prepares your body to deal with a traumatic event. It accomplishes this by blocking the sensation of pain, also known as “stress-induced analgesia.”  Stress-induced analgesia can make injured accident victims feel as if they are uninjured. As a result, many car accident victims decline medical services. Unfortunately, after the adrenaline wears off, they may realize that serious injuries are present. For some injured car accident victims, this delay in receiving medical attention can complicate their recovery and may result in further damage. It can even be the difference between life and death. As such, all car accident victims should be examined by a medical professional after a car accident. A medical professional can determine whether you have late appearing car accident injuries. Keep in mind that not all injuries are visible. Some injuries can only be diagnosed with an MRI or CT scan. Seeking Medical Attention Could Save Your Car Accident Claim Seeking medical attention after a car accident can also save your car accident claim. Injured car accident victims often find themselves facing suspicious insurance adjusters when they make a claim. These adjusters become even more skeptical when injuries appear days or even weeks after the crash. If you wait too long to see a doctor and receive treatment, the insurance company may say that your injuries are not as severe as your claim. They may even claim that your injury is pre-existing or occurred from a separate event than the car accident. By seeking medical attention, you are giving your personal injury claim the best chance of success. Your car accident lawyer will be able to use your medical examination and doctor testimony to establish your injuries clearly and negotiate a better settlement for you. A Texas Car Accident Law Firm On Your Side At David K. Wilson & Associates, Attorneys at Law, our Texas car accident lawyer knows that car accident injuries are often more serious than accident victims initially realize. Some injuries can take hours or even days before they become fully apparent. That is why it is so important to seek medical attention immediately after an accident, even if you believe that you are uninjured. If you have been injured in a car accident in Texas, call our Sherman car accident attorney.
By David K. Wilson & Associates August 22, 2019
The Gulf Coast is a dangerous place for motorcyclists. In fact, if you are a motorcyclist, the roads along the Gulf are some of the most dangerous in the country. But where does Texas rank among other states? According to QuoteWizard, Texas is the 2nd worst state for motorcyclists. There are over 364,000 registered motorcycle riders in the state. Texas also records roughly 500 fatalities every year due to motorcycle accidents . Mississippi is the only other state that has more fatal motorcycle crashes. The top 10 deadliest states for motorcyclists are:  Mississippi Texas South Carolina Florida Arizona North Carolina New Mexico Kentucky Missouri Louisiana Why are Southern States Deadly for Motorcyclists? There are many reasons why southern states are deadly for motorcyclists. However, one of the main reasons is the weather. Fatality rates are higher in southern states due to warm weather conditions. Northern states, such as Alaska and Montana, have lower motorcycle fatality rates due to colder weather. In fact, Montana has almost as many registered motorcycles as Texas, but just 23 fatalities a year. That makes fatality rates much lower. Motorcyclists that live in southern states have more opportunities to ride. This increases their time on the road and heightens the chances of being involved in a serious or fatal motorcycle accident. For example, bikers in Montana can only ride a few months out of the year, whereas bikers in Texas can ride 12 months a year. Injured Bikers Often Face an Uphill Battle When trying to collect compensation after a motorcycle accident in Texas, injured bikers may face an uphill battle. Insurance companies in Texas are notoriously skeptical of motorcycle accident claims and the severity of these claims. They often try to pin some of the blame back on the motorcyclist. They do this to reduce their liabilities and the amount of compensation they pay. When this occurs, it is important to have an experienced Texas motorcycle accident lawyer on your side from the very start. You need an attorney that can fight the insurance companies aggressively so you can focus on your recovery. Your attorney can negotiate a higher settlement to help pay for your medical expenses, lost wages and damages. If your injuries are severe or resulted in a permanent disability, then your attorney may be able to obtain compensation for loss of future earnings as well as your medical expenses. Have You Been Injured in a Texas Motorcycle Accident? After a motorcycle accident, it can feel like you are fighting an uphill battle against the insurance companies. However, you are not. If you have been injured in a Texas motorcycle accident, then it is important to know that you are not alone. Unfortunately, knowing where to turn for help can be difficult. That is why you need an experienced Texas motorcycle accident lawyer on your side from the start.
By David K. Wilson & Associates August 11, 2019
The aviation and personal injury law firm, David K Wilson & Associates, Attorneys at Law, are representing the family of a man who was killed in the crash of a Robinson R44 Helicopter which occurred on January 30, 2018 near Newport Beach, California. Killed in the crash was Brian Reichelt, age 56, whose parents are residents of Grayson County, Texas. The R44, with four on board, departed John Wayne-Orange County Airport about 1 minute prior to the accident, destined for Catalina Island, California. According to the NTSB Preliminary Report, multiple witnesses adjacent to the accident site reported observing the helicopter in level flight before it began descending in a nose low attitude toward a residential area. Witnesses reported the helicopter struck the roof of two houses before impacting the ground. The pilot and two passengers, one being Brian Reichelt, were killed. One passenger survived.  The Robinson is designed and manufactured by Robinson Helicopter Company in Torrance, California. Robinson is known for its low cost aircraft but many safety experts are concerned that the company may be sacrificing quality for profit when manufacturing their popular helicopters. Robinson has made more than 12,000 helicopters and the Robison R44 is the world’s best selling civilian helicopter. However, it has a long history of deadly crashes. Robinson R44s were involved in 42 fatal crashes in the U.S. from 2006 to 2016, more than any other civilian helicopter. That translates to 1.6 deadly accidents per 100,000 hours flown, a rate nearly 50% higher than any other of the dozen most common civilian models whose flight hours are tracked by the Federal Aviation Administration. Brian Reichelt was dedicated to the scouting program where he achieved the rank of Eagle Scout and Ad Altare Dei before completing his college career and launching his professional career in the world of finance management in the hotel industry. He dedicated his life to his tight knit family, had a spirit of adventure and traveled the world taking many of his family with him. He will be missed.
By David K. Wilson & Associates August 6, 2019
Most Americans send or receive a text every single day. While texting can be a great way to communicate plans or keep up with friends and relatives, it can also be a dangerous driving distraction. According to the National Safety Council , more than 1.6 million crashes a year are caused by distracted drivers using a cell phone device. Talking on the phone, surfing the internet, and texting are all distractions that can take a driver’s attention off of the road. In fact, texting while driving takes your eyes off the road for five seconds. In that time, if you were driving at an average speed of 55 mph, you would have traveled the length of a football field before looking up again. Texting and Driving in Texas According to the Texas Department of Transportation , one in five crashes in Texas is caused by distracted driving. In 2016 alone, 109,658 traffic crashes were the result of distracted driving. Those crashes caused 455 deaths and 3,087 injuries. In an attempt to save lives and protect motorists, Texas lawmakers decided to take action. On September 1, 2017, texting while driving became illegal in the state of Texas. The texting-while-driving ban passed during the 85th Legislative Session and prohibited all drivers from reading, writing, or sending electronic messages while driving. Time to Put the Phone Down If you still text and drive in Texas, you’re not only breaking the law, but you’re also putting yourself and others in harm’s way. Make a final commitment to put the phone away this year. To assist, there are many apps and tricks that can help you stop texting and driving once and for all. Download an App – There are numerous apps that are designed to specifically help you stop texting and driving. The top 5 “no texting” apps for 2019 are: LifeSaver SafeDrive DriveMode Cellcontrol TextLimit Silence is Golden – If the constant alerts are too tempting to avoid, consider putting your phone in airplane mode to prevent you from seeing or hearing text messages and emails. This can help you avoid the temptation to check your messages when you’re supposed to be driving. Out of Sight, Out of Mind – Sometimes, having the phone around is too tempting. Consider placing the phone in your glove box, in your purse or backpack, or even in the trunk of your car while you’re driving. If you have an infant, safety experts recommend parents place their phones in the backseat with their baby. This has the double effect of preventing hot car infant deaths. Remember Who Is Watching – In some cases, simply remembering who might be watching is enough to get parents to stop texting and driving. Children in the backseat, as well as teenagers in the car, are learning by watching you. If you don’t want your children to become texting drivers, now is the time to start setting that example. A Texas Car Accident Law Firm That’s on Your Side At David K. Wilson & Associates, our Texas car accident lawyer is on your side from the very moment you are injured. We know the tricks insurance companies use to get out of paying injured accident victims, and we expose those tricks to help you obtain maximum compensation. We know how to fight insurance companies and win!
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