People who have been involved in a serious accident should focus on recovering...Read More
San Antonio Lawyer Advocating for the Rights of the Seriously Injured
After an accident, it can be very difficult to get back on your feet. Many accident victims need time off from work and lose income, just as they face mountains of medical bills and the need for physical therapy and other assistance. If you are hurt in a car crash or any accident caused by the negligence of someone else, Jeramie Gertz will work hard to help you recover the compensation you need to put your life back in order. You need the assistance of an attorney experienced in dealing with the insurance companies because they often try to pay as little as possible for your injuries. At the Law Office of Jeramie Gertz, PLLC, we have the experience and knowledge to help accident victims get the compensation they deserve. Jeramie Gertz is a San Antonio attorney whose practice is focused on helping personal injury victims in San Antonio and the surrounding areas. Jeramie Gertz recognizes the complex challenges that victims face. He will work with you to develop a strategy that is tailored to your specific needs.Car Accidents
Car accidents often arise as a result of careless actions by one or more drivers. If you are injured in a car crash as a result of another driver's mistakes and hope to recover damages, you will usually need to establish that the other driver was negligent. That is, you will need to show that the defendant owed you a duty to drive safely, the defendant violated this duty by engaging in careless conduct, and you were injured as a result. Drivers breach the duty to use reasonable care in many different ways, such as driving drunk, driving while distracted such as by texting or calling on the phone, driving while fatigued, ignoring rules related to yielding at intersections, speeding, and driving aggressively.
Sometimes car accidents are the fault of more than one driver. If you were partially to blame, the other driver will likely raise the argument that you were "comparatively negligent." This means that the jury will consider whether you were to blame for the accident and the percentage of fault that you may bear for your actions leading up to the accident. Your damages will be reduced by your degree of fault. However, you cannot recover damages at all in Texas if your proportion of fault is more than 50%. San Antonio attorney Jeramie Gertz understands the importance of minimizing any fault attributed to his client. He will help you build a case that establishes that the defendant was largely or entirely responsible for your injuries.Truck Accidents
As with car accidents, many truck accidents are caused by driver negligence. Unfortunately, when a commercial truck driver is negligent, the outcome can be devastating and may affect multiple victims. For example, a truck driver who loses control of a tractor-trailer around a curve may find that the tractor-trailer jackknifes, meaning that the cab goes in one direction, while the trailer swings around, hitting cars in other lanes.
In addition to proving truck driver negligence, you may be able to hold the driver's employer indirectly or directly liable. A trucking company may be vicariously liable for its employee's negligence in the course and scope of employment. Vicarious liability, also known as respondeat superior, is a form of indirect liability. It hinges on proving that the employee was negligent while they were on the job. In addition, a trucking company can also be held directly liable for negligent hiring, supervision, or training. When it hires a truck driver, for example, it should conduct a background check. If it fails to do so, and the background check would have turned up a red flag, such as a record of driving under the influence, the trucking company can be liable for negligent hiring if the driver causes a collision while under the influence of drugs or alcohol.Motorcycle Accidents
Due to the size of motorcycles, drivers of passenger cars and trucks sometimes fail to see a motorcyclist in traffic. This can result in serious injuries to the motorcyclist, even if the person in the larger vehicle walks away without a scratch. Motorcyclists have nothing standing in the way between the road and them and can wind up with broken bones, road rash, complex fractures, traumatic brain injuries, and spinal cord damage.
In Texas, motorcycle riders and their passengers are supposed to wear helmets for protection. One exception to this rule is to be at least 21 years old and complete a motorcycle safety course. Another exception is to obtain health insurance that would cover any medical expenses arising from a motorcycle accident. You should be aware that if you do not wear a helmet, and another vehicle hits you, your failure to wear a helmet could reduce or eliminate your recoverable damages, depending on the nature of your injuries. However, certain injuries like road rash or fractured limbs would not likely be affected by whether a biker used a helmet. San Antonio lawyer Jeramie Gertz can help ensure that a defendant does not improperly escape liability by using this argument when it does not apply.Pedestrian Accidents
Pedestrians rarely have any protection in case of a collision. The Texas Transportation Code provides rules not only for drivers but also for pedestrians. Among other rules, pedestrians are supposed to use sidewalks when present, cross solely at traffic lights when the appropriate signal is flashed, and cross at marked crosswalks. Sometimes a pedestrian follows all of the rules, however, and still the driver of a vehicle plows into them, causing serious injuries or even a wrongful death.
If you are seriously injured or a loved one is killed in a pedestrian accident, a San Antonio experienced in personal injury cases may be able to help you hold the driver accountable. A personal injury or wrongful death action would be separate from any criminal charges that may be brought by a prosecutor. In fact, even if the prosecutor chooses not to pursue charges, or if they are unable to prove them beyond a reasonable doubt, you may still be able to recover damages. The standard of proof is lower in a civil case than it is in a criminal case.
In many cases, the driver's insurer will try to show that you were at fault for the accident, and seek to get damages reduced or barred altogether. It is important not to talk to any representatives of the driver or the driver’s insurer until you have had a chance to speak to your own lawyer. What you believe is an offhand remark may be used by the defendant to show that you were partially or fully to blame.Consult an Attorney in San Antonio Focused on Personal Injury Claims
When you have been struck by a careless driver, you should retain a knowledgeable legal advocate to represent you and protect your rights. Attorney Jeramie Gertz represents people harmed in a wide range of accidents in the San Antonio area, as well as elsewhere in Bexar, Maverick, Medina, Comal, Kendall, Bandera, and Atascosa Counties. Contact us at (210) 807-4444 or via our online form to set up a free consultation.