Where Do Most Slip and Fall Accidents Occur?

Slip and fall accidents are the most common causes of premises liability lawsuits. However, just because these incidents are common does not mean that they are not devastating for victims. Any person who sustains a slip and fall injury must receive adequate medical care so they can make a full recovery period.Unfortunately, it is not uncommon for slip and fall accident victims to experience pain and suffering as well as long-lasting injuries that contribute to high medical bills. Here, we want to examine some of the most common causes of slip and fall accidents in and around our area.

Wet Surfaces

Wet surfaces are the most common cause of slip and fall accidents throughout Texas. Wet floors can occur in a variety of locations, ranging from grocery stores and restaurants to banks, office buildings and public spaces. Wet floors can occur in a variety of ways, including the following:

• Spilled food or drink
• Leaky roofs or appliances
• Recently waxed or mopped floors
• Wet entranceways caused by rain

Property owners and their employees have a duty to regularly inspect floors for moisture. If they are not immediately able to clean up a wet floor, they should cordon off the area and mark the wet area with proper signage. Additionally, property owners and employees should always use “wet floor” signs after they have finished cleaning an area and leave the signs in place until the floor is dry. It should never be assumed that guests on a property will see the floor is wet and avoid the area. Individuals prone to slip and fall injuries can help minimize slip and fall injuries by wearing proper fitting shoes when leaving the home.

Uneven or Undermaintained Surfaces

Uneven walking surfaces are incredibly dangerous for pedestrians. Uneven walking areas can occur in a variety of ways, ranging from uneven pavement to obstacles in walkways. Some of the most common causes of uneven surfaces include the following:

• Loose floorboards
• Cluttered floors
• Improperly paved surfaces
• Potholes in a parking lot
• Defective sidewalks
• Torn carpeting
• Poorly constructed stairways
• Loose floor mats or carpet

Again, it is up to the property owner to ensure that all walkways are even and clear of obstacles and other hazards. Regular inspection and maintenance of a property is a crucial part of ensuring patron safety.

Swimming Pools

Swimming pool and hot tub areas are one of the leading causes of slip and fall cases. While it may seem obvious that there will be wet surfaces around a swimming pool or hot tub, the reality is that most of these types of slip and fall accidents are preventable. For instance, property owners should not allow defects in the surfaces surrounding the pool that allow water to accumulate in a puddle. Additionally, pool area walkways should be free and clear from hazards and obstacles that could cause slip or trip and fall injuries from a potentially dangerous surface.

Unmarked/ Improperly Marked Dangerous Conditions

Property owners should always conduct inspections and maintenance of their premises to ensure the safety of their guests and workers. However, that does not mean that there will never be a dangerous condition. When a property owner does discover that there may be a condition that can cause a slip and fall accident and injuries, they must take steps to fix the hazard. If they are unable to remedy the situation immediately, they need to take steps to cordon off the area and erect adequate warning signs so that nobody will accidentally cross into the dangerous location to suffer a personal injury.

What Should I Do After a Construction Zone Car Accident in Texas?

Accidents occur in construction zones regularly. Unfortunately, construction work on or near the roadway can lead to significant confusion, bottlenecked traffic, closed-off lanes, reduced speed limits and more. Not only is this dangerous under ideal conditions, but construction work zone accidents are much more likely to occur when there are negligent or careless drivers on the roadway. Additionally, there are times when these incidents are caused by the negligence of a road construction company or governmental agency responsible for the site. Here, we want to discuss steps that you can take in the event you are involved in a construction zone car accident in Texas.

What Should I Do After a Construction Zone Accident?

If you have been involved in a construction zone crash in Texas, you should take the following steps to ensure that your rights are protected:

• Seek medical care immediately. Regardless of how minor or severe injuries are, you need to seek medical care immediately. Let a doctor evaluate your situation and determine any necessary treatment.
• Make sure law enforcement comes to the crash. Law enforcement officials need to come to the scene of the crash to conduct a preliminary investigation and determine liability. You will need an official copy of the accident report for your insurance carrier.
• Gather evidence. If you are able to safely do so at the scene, use a phone or other camera to take photographs of any damages, injuries, causes of the crash, construction zone signage, temporary road markings, etc.
• Report the incident to your insurer. You need to report the incident to your insurance carrier as soon as possible. You do not have to go into much detail about the incident initially, but the carrier does need to know that a crash occurred.
• Contact an attorney. You should consider consulting with a skilled Texas car accident lawyer in the aftermath of an incident around a construction zone. A personal injury attorney will have the resources necessary to conduct a full investigation to determine liability in the case.

Construction Zone Accidents: Who is Liable?

There may be various parties that could be held liable in the aftermath of a Texas construction zone accident. This could include other drivers on the roadway, construction companies, contractors or subcontractors, government agencies, etc. Construction companies or governmental agencies may be liable in the event:

• They failed to alert drivers with adequate warning signs
• They did not properly mark temporary lanes for drivers to follow
• They neglected to properly cordon off dangerous areas
• They failed to guide traffic when necessary
• Construction workers left dangerous construction equipment near the roadway that created a hazard for drivers

According to data available from the Texas Department of Transportation, there were more than 26,000 total crashes reported in work zones throughout the state during the latest year. Out of these incidents, there were:

• 168 fatalities
• 689 suspected serious injuries
• 2,448 non-incapacitating injuries
• 7,840 possible injuries

If you or a close loved one has been injured as a result of construction zone car accidents in Texas caused by the careless or negligent actions of another party, seek legal advice and assistance from our law office immediately. The accident attorneys at our law firm will work to fully investigate your case in order to secure maximum compensation for your personal injury claim during a free consultation.

Statute of Limitations for a Personal Injury Claim in Texas

If you or somebody you care about has been injured due to the negligence, careless, or intentional actions of another person, you should be able to recover compensation for your losses. However, securing this compensation may require filing a personal injury lawsuit against the alleged negligent party. It is important to understand and comply with all time limits regarding personal injury lawsuits because a missed deadline could result in a person not being able to recover any compensation.

What Are the Statutes of Limitation for Personal Injury in Texas?

Statutes of limitation are timelines put in place under the law that dictate how long a person has to commence certain legal actions. These can be applied to both criminal and civil cases. For personal injury cases in Texas, the statute of limitations is two years from the date the injury occurs (Texas Civil Practice & Remedies Code section 16.003). This means that a personal injury victim has a two-year window with which to file a lawsuit against the person believed to have caused the injury.

Exceptions To the Texas Personal Injury Statute of Limitations

There are a few scenarios that could result in a pause of the statute of limitations for a personal injury matter, effectively extending the deadline. This includes:

• If the injured person is legally disabled under Texas law, which is defined as the person being under the age of 18 or “of unsound mind” at the time the injury occurs. If this is the case, the two-year statute of limitations “clock” will generally not start running until the period of legal disability has ended, which means the injured person turns 18 or they become mentally competent.
• If, at any point after the underlying accident, but before a lawsuit can be filed, the alleged negligent party in the case leaves the state of Texas. If this happens, the period of absence will not be counted as part of the two-year statute of limitations countdown.

A personal injury lawyer from Texas will be able to help guide you through this case and examine whether or not any of the exceptions to the statute of limitations apply to your situation.

Is the Filing Deadline for a Personal Injury Case?

Missing a filing deadline for a personal injury claim can result in the injury victim being unable to recover any compensation for their losses. If a personal injury lawsuit is filed more than two years after the date the injury occurred, the case will likely be dismissed. It is strongly advised that you work with a personal injury attorney soon after you sustain an injury caused by another party to ensure the deadlines are met.The personal injury statute of limitations has nothing to do with any reporting requirements set forth by insurance carriers involved in the case. For most personal injury incidents, insurance carriers need to be notified as soon as possible after the injury occurs. Failing to notify insurance carriers in a timely manner could result in the carrier delaying or denying a claim.

How Will COVID-19 Affect My Car Accident Claim in Texas?

The COVID-19 pandemic has affected the way of life for most people throughout the US and in Texas. Car accident cases are no exception. If you or somebody you love has been injured in a car accident caused by the careless or negligent actions of another person, you should be entitled to compensation from the at-fault party’s insurance company. However, claims made during this ongoing global health crisis could look a little different. Here, our car accident attorneys want to discuss how the coronavirus could affect your car accident claim in Texas.

Some People Are Hesitant To Seek Medical Care

The most important thing that anyone can do after a car accident is seek medical attention for their injuries. However, the Coronavirus outbreak has led to many people becoming hesitant to go to the hospital or a doctor's office, either for initial medical emergencies or for follow-up care. While it is understandable that people are nervous about doctor’s offices, they still need to seek medical care after sustaining a car accident injury. Receiving medical care for these injuries is a critical component of getting the compensation you are entitled to after a car accident. If you have any concerns about going to the doctor or the hospital after sustaining a car accident injury, please speak to experienced injury lawyers immediately. In most cases, you will find that medical facilities are taking drastic steps ensure COVID-19 does not spread inside their facilities. The risks of not obtaining medical assistance after car accidents, far outweigh the chances that you will contract COVID-19. When you seek medical treatment, be sure to maintain proper social distancing measures and follow the CDC guidelines, including wearing a mask.

Can You Still File a Personal Injury Claim?

Yes, you can absolutely still file a personal injury claim in Texas after a car accident case. Many courthouses shut their doors to the public at the onset of the Coronavirus pandemic, but the courthouses are beginning to resume normal operations. This may delay personal injury trials, but the reality is that most cases are settled before they go to trial. The most important thing you need to keep in mind is that there is a two-year statute of limitations for Texas personal injury cases. If auto accident victims fail to file their injury claims within this two-year window, they will lose the ability to recover the compensation they deserve. The Texas Supreme Court has entered an order that pushes back the time limits for some lawsuits and other court proceedings, so be sure to speak to your attorney about how this could apply to your personal injury case.

Will You Have Access To Your Attorney?

Nearly all personal injury lawyers, including the team at Mike Love & Associates, LLC, has completely adapted to helping clients during this ongoing global health crisis. Our law firm is fully prepared to offer free consultations remotely so that we can gain a good understanding of how to move forward with your case. We are still conducting complete investigations into car accident cases. While we understand that various business and government office closures could delay investigations and settlement negotiations, we are still going to aggressively pursue full compensation for your claim.

Does Not Wearing a Seat Belt in a Car Crash Affect Your Insurance Claim?

Being involved in an auto accident is something most people want to avoid experiencing, and these incidents can lead to innumerable questions running through your head. This is especially true if you sustained an injury in the accident. While wearing a seat belt is highly recommended, what happens if another person causes your accident, but you were not wearing a seat belt? Will you still be able to recover compensation for your losses, or will not wearing a seat belt affect your insurance claim?

Will You Be Able to Recover Compensation?

In some states across the country, not wearing a seat belt could result in a person not recovering any compensation at all after a car accident. However, that is not true in Texas. Here, the state Supreme Court has ruled that a person can still recover compensation from auto accidents they did not cause even if they were not wearing a seat belt at the time the accident occurred. However, the total amount of compensation may be reduced in these situations based on the comparative negligence system used in Texas.

What Does Comparative Negligence Mean in These Situations?

Like other states, Texas operates under a modified comparative negligence system. This means that a person can still recover compensation for an accident even if they were found to be partially at fault, so long as they were not more than 51% or more at fault for the incident. In these cases, the total amount of compensation awarded to a victim will be reduced based on their percentage of fault. When discussing seat belts, modified comparative negligence has been controversial in Texas. That is because comparative negligence laws (or contributory negligence laws in some places) tend to revolve around the actual cause of the car crash. Not wearing a seat belt has nothing to do with the cause of the actual accident. Rather, seat belts have to do with the subsequent injuries. In these cases, insurance carriers and at-fault parties will argue that the injury victim is partially to blame for their personal injuries because they failed to wear a seat belt.

How Could This Affect Your Final Settlement?

Suppose Blake is driving a vehicle that is struck by Jackson, and there is evidence that Jackson was intoxicated and changed lanes illegally. Blake sustains significant injuries in the accident that lead to $100,000 worth of medical bills, and the injuries were particularly bad because Blake was not wearing a seat belt. In this incident, it becomes clear that Jackson caused the crash. However, Jackson’s insurance company argues that, because Blake was not wearing a seat belt, he was the cause of the injuries. In this theoretical scenario, a jury may determine that Blake was 20% responsible for his injuries because he did not wear a seat belt. In this instance, he would receive $80,000 in total damages as opposed to the $100,000 to account for his 20% of fault.

Work With an Attorney

If you or somebody you love has been injured due to the careless or negligent actions of another person, you need to contact an attorney as soon as possible. A car accident lawyer will have the experience and resources necessary to establish liability and work to obtain maximum compensation on your behalf. An attorney can even work with trusted medical professionals and accident reconstruction experts in an effort to show that the other party should be held completely liable for their actions.