Pelaez Law Firm, Crash Angels

When it comes to recovery from motor vehicle accidents, one key factor is whether your accident took place in a “no-fault” state. In a no-fault state, a driver’s auto insurance covers their injury and damage claims regardless of which driver was at fault.

A driver may have the option to sue if their damages meet a certain financial threshold. However, the driver typically does not have the right to sue for automotive injury or damage claims because state law requires all drivers to carry insurance instead. This system is intended to keep the state courts clear of motor vehicle damage claims and make recovery faster for all parties concerned. Currently, twelve of the fifty states are no-fault states.

Texas is not one of them. Instead, claims arising out of a motor vehicle crash, like other personal injury claims, are resolved according to the principles of tort liability.

Covering Auto Accidents under Texas Law

In Texas, an injured driver may sue the other driver, regardless of the amount of damages. But as a practical matter, they are more likely to make a claim on the driver’s insurance or their own insurance. If the injured driver makes a claim on their own insurance policy, the insurance company can then subrogate—that is, they will sue the other driver’s insurance company for the damages.

Texas follows what is known as the modified comparative negligence rule. When an injured party had some responsibility for their accident, they can still recover their damages, but the damages will be reduced by the amount to which they were at fault. A judge or jury—or, in most cases, an insurance company adjuster—determines how much at fault they were, expressed in a certain percentage. For example, a court may determine that a driver was 20% at fault; if they had $10,000 worth of damage, they would be entitled to recover $8,000. However, if a driver is found to be over 50% at fault for a crash, they cannot recover any damages at all.

Under Texas law, drivers must demonstrate financial responsibility for potential accidents. Most people do so with a liability insurance policy. The policy must meet the state’s minimum coverage standards, often referred to as “30/60/25”:

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

Although these limits are higher than in some other states, they may not meet your needs, especially if you should become involved in a multi-car accident or one resulting in several injured people. These parties could sue you personally for any damages over and above the limits of your insurance coverage.

Note, too, that liability insurance covers damage to others, not to insured parties. Collision insurance covers your own car, and comprehensive insurance covers incidents that damage your car other than motor vehicle accidents. For further information on auto insurance options in Texas, you can consult consumer guides from the Department of Insurance.

If you would prefer to have an option for no-fault recovery, you can purchase PIP (personal injury protection) or MedPay (medical payments) insurance. Auto insurance agents are required to offer you PIP coverage in the state, although you may refuse it. Regardless of fault, PIP can cover medical bills, home help, funeral expenses, a percentage of lost wages, and more, depending on the particular policy. Similarly, MedPay insurance covers medical expenses without reference to fault, although PIP often covers more.

After a motor vehicle crash, your own expenses are likely to include:

• Medical bills
• Lost wages
• Property damage
• Lost future earnings, if an injury results in disability

How do you navigate the insurance procedures to get what you need, especially when you are trying to recover from a traumatic event?

Protecting Yourself after a Crash in Texas

In theory, insurers should be able to work with each other and with their insured parties to pay people what they are owed, but this is often not the case. Insurance companies do not make money by paying out settlements. Insurance adjusters reviewing the evidence from the crash may claim that you had a higher percentage of fault than you did, reducing or even eliminating the damages you could receive. They may try to pressure you to settle for less than you need or even claim that your accident could not be covered.

The Crash Angels at Pelaez Law Firm, Crash Angels deal with insurance companies every day, and we know how this system works. Our San Antonio car accident lawyers can shield you from the pressure of handling the claims process directly while working to maximize your damage recovery, and if necessary, we will take it to court.

Our office handles many types of motor vehicle claims, including:

• rideshare accidents
• motorcycle crashes
• bicycles and pedestrians involved in collisions with autos
• crashes with trucks, including 18-wheelers and other commercial motor vehicles

Don’t hesitate to get the help you need. If you have been in an accident in Texas, call the Crash Angels NOW at Pelaez Law Firm, Crash Angels at 210-801-9314 to schedule a free consultation in our San Antonio offices.

A personal injury claim is a kind of tort—a civil claim for damages. Personal injury claims arise when someone gets hurt because another party failed in their duty of care. That might have been a duty to drive carefully, a duty to keep a dog locked up, a duty to keep a business safe enough to walk in—anything that resulted in someone sustaining injuries and damages.

Victims that have suffered a personal injury typically need compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

Most personal injury claims do not go to trial; if they do, the trial ends before a verdict. Attorneys try to negotiate settlements first, especially if one party has insurance coverage. At Pelaez Law Firm, Crash Angels, we have the experience and understand this process, and we can help you through it.

According to the most recent published study, the most commonly filed personal injury claims in American courts arise from:

• Motor vehicle accidents
• Medical malpractice
• Premises liability
• Dog bites
• Intentional torts
• Slander or libel (defamation)
• Product liability
• Professional malpractice
• Conversion (a claim for theft)
• Other torts

(Source: Civil Justice Survey of State Courts, 2005. See also the Annual Statistical Report for the Texas Judiciary, FY 2021.)

Our firm largely focuses on issues that arise within these categories, however if you have another type of personal injury, we would be happy to hear from you:

Motor Vehicle Accidents

Traffic is one of the most dangerous places to be in America, and personal injury claims reflect that. After the pandemic, motor vehicle injury cases in Texas courts increased by 15% to an “all-time high.” These cases alone accounted for 80% of injury filings in Texas in 2021.

The “Crash Angels” at Pelaez Law Firm, Crash Angels are experienced with motor vehicle cases, particularly those involving:

• 18 Wheelers
• Trucks
• Rideshares (such as Uber or Lyft)
• Motorcycles
• Pedestrians and bicycles

Medical Malpractice

Although no one goes to the hospital expecting to get worse, the danger is present. Medical Malpractice was the second-highest single source of new personal injury claims in Texas district courts in 2021, and claims rose 10% over the previous five years.

Compassion and understanding guide us in representing our clients and their families. Our firm focuses on medical malpractice cases involving the most vulnerable: nursing home patients and newborn infants injured at birth. These patients often cannot speak for themselves, and we speak and fight for them. They may require extensive care for the rest of their natural lives. As such, it is crucial for them to have attorneys who are familiar with optimal recovery strategies under Texas medical malpractice laws.

Premises Liability

When someone is injured because of dangerous conditions on another party’s property, the property owner may be liable. The most frequent type of premises liability claim results from a slip and fall.

According to the CDC, unintentional falls were the top cause of nonfatal injuries in the US in 2020, as well as the second leading cause of unintentional injury deaths (source). Although falls are a particular risk for older people, you can get badly hurt from slipping and falling at any age, leading to high medical bills, lost opportunities, and chronic and long term health issues. Sprains, ligament tears, fractures, even traumatic brain injuries—this is not an accident that property owners should take lightly.

If you have been injured by falling, by any hazard on someone else’s property or at any business location, call our office, and we can determine whether and how you can recover damages.

Dog Bites

A dangerous dog poses a danger to everyone, including their owners, innocent passersby, and even other dogs. If a dog has attacked you, your loved one, or your animal, contact us today.

Texas state and municipal laws pertaining to dogs and dog attacks may require the owner to pay full compensation for an attack, but the next legal steps can vary between jurisdictions and situations. This is an emotionally charged area of law, and we can help shield you from its pressures while seeking justice for attack victims.

Product Liability

Manufacturers have a duty to provide products that do not harm consumers. If a product is not inherently unsafe, and if the consumer uses it as intended, then they have a right to expect that it will not make them sick or injure them in some unforeseen way. When a manufacturer—and sometimes a seller—puts dangerous products on the market, they can be held liable under Texas law. Some of the most staggering manufacturing failures have involved defective drugs such as “fen-phen” (fenfluramine/phentermine) and Vioxx (rofecoxib), both of which caused cardiac disease and death.

Contact our office if you have been injured by a defective product, especially a medication. We are familiar with the often protracted, complex litigation involved with product liability claims, and we will work to get you help as quickly as possible.

Whatever your legal problems may be, we are waiting to hear from you. To schedule an appointment at our San Antonio offices, call Pelaez Law Firm, Crash Angels at 210-801-9314 today.

Any dog can be good or bad, just like any human being. But unlike human beings, many dogs have been bred for strength and guarding, giving them powerful jaws and unstoppable drive. Others have gone untrained because of their small size or harmless appearance, leaving them bad-tempered and fierce. Even well-meaning owners often underestimate the danger their dogs pose to others. In less than a second, a dog may spook and decide to attack. Dog attacks can result in disfigurement, nerve damage, and loss of muscle tissue. For children, vulnerable people, and other animals, they may end in death.

In order to keep yourself and your family safe around strange dogs, you should consider not only which common breeds are the most dangerous but which breeds are most likely to bite you.

What Does a Dangerous Dog Look Like?

The nonprofit DogsBite.org tracks dog bite fatalities in the US. According to their 2018 study, a total of 433 people were killed by dog attacks in the US between 2005 and 2017. Of these, 54 were in Texas—the highest number in one state. The study found that these were the top ten breeds recorded as responsible in fatal attacks:

• Pit bull (65.6%)
• Rottweilers (10.4%)
• German shepherd (4.6%)
• Mixed breed (3.9%)
• American bulldog (3.5%)
• Mastiff or bull mastiff (3.2%)
• Husky (3%)
• Unknown/unreleased (2.5%)
• Labrador retriever (2.1%)
• Boxer (1.6%)

“Pit bull” is not a recognized breed in itself, but the term is used for Staffordshire terriers, American bulldogs, bull terriers, and mixes of these breeds. A 2019 study suggests that large dogs with short, square-shaped heads are more likely to bite than others, causing more damage when they do. The “box head” or “block head” is a characteristic of pit bulls, Rottweilers, American bulldogs, and mastiffs, as well as other popular dogs such as the Cane Corso and Presa Canario.

These dogs fit our image of a dangerous dog, and they are frequently forbidden by local laws and insurance policies. But they are not the only ones who pose a risk. The Labrador retriever—our image of a harmless family dog—is also on the list above.

A 2014 review by the American Veterinary Medical Association named the following breeds as “highly represented” in bite reports worldwide:

• German shepherd
• Mixed breed
• Pit bull types
• Rottweiler
• Jack Russell terrier
• Chow Chow
• Spaniel
• Collie
• Saint Bernard
• Labrador retriever

Compare these lists to the American Kennel Club’s ranking of the most popular dogs of 2022. That list shows the high popularity of some of the most frequent biters and most dangerous attackers:

• 2nd most popular—Labrador retriever
• 3rd most popular—German shepherd
• 7th most popular—Rottweiler
• 14th, 26th, and 29th most popular—spaniel breeds
• 16th most popular—boxers

For some breeds, the frequency of their bites has as much to do with their popularity as their nature. Dogs from “cute” or fashionable breeds may be left untrained or unsupervised, leading to disaster, especially when small children are present. Any dog, especially any frightened or neglected dog, can decide to attack. The more common a dog breed is, the more commonly people encounter them, and the more common their bites will be.

Dog Attack Law in Texas

In Texas, if a dog outside of its enclosure “commits unprovoked acts” that would make someone reasonably believe it is dangerous, the incident can be reported to Animal Control or the municipality’s local authority for a formal determination. If the owner knows that the dog is dangerous, whether or not the authority ever hears of it, they must pay compensation for damages from any subsequent attack.

Even if no one reported any previous incidents involving the dog, a plaintiff can still recover damages so long as they can show that:

• The victim was in public or legally on private property
• The victim did not provoke the dog

In a case where the owner did not have any reason to know that the dog was dangerous, the plaintiff can still recover compensation. Under the theory of comparative negligence, the plaintiff must show that they were less than 50% at fault for the bite, and they will be able to recover in proportion.

What Can I Do?

Keep these dog bite prevention tips in mind, and teach them to your children as well. Although a truly dangerous dog may decide to attack for any reason, it will help your case if you and any witnesses can attest that you behaved safely.

A dog attack victim needs to see a doctor immediately—or a vet, if the victim is another animal. Many animal bites carry germs that can lead to sepsis, which is often fatal. If the dog does not have an up-to-date rabies vaccine, the victim may need a rabies shot, which must be given immediately after the bite. In Texas, a possible rabies bite must also be reported to a local public health authority. Tell the medical professional exactly what happened, and keep the documentation.

We are ready to speak with you about your dog attack injury, whether it was to yourself, your child, or your pet. Call the Crash Angels atand Pelaez Law Firm, Crash Angels today at 210-801-9314 to schedule your appointment.

There is no single legal definition of permanent disability. Instead, the applicable definition depends on how you are asking for legal relief or what you need to qualify for. Permanently disabling injuries can include:

• Amputations
• Severe burns
• Spinal injuries
• Nerve damage
• Traumatic brain injuries (TBI)
• Birth asphyxia and other perinatal injuries to infants

Even where the disability is obvious, defense lawyers and insurance adjusters may claim that an injury is not permanently disabling or even that it is hardly disabling at all. An attorney’s disability analysis will depend on whether you claim relief through a personal injury lawsuit (or settlement) or workers’ compensation.

Permanent Disability and Personal Injury Awards/Settlements

When a plaintiff has to claim damages for a personal injury, their attorney must review their medical records and receive a doctor’s report on their potential future recovery. They will also take into account the evidence you provide about your disability and how it affects your daily life. The attorney will then calculate:

• Future medical expenses for a person with the plaintiff’s level of disability
• Lost future earnings, comparing the plaintiff’s current level of ability with their previous level and earning potential

In order to calculate the plaintiff’s non-economic damages—their pain and suffering—the attorney selects a multiplier for the total amount. For a permanently disabled plaintiff, someone who cannot do their previous work or who is impaired in their daily life, the multiplier may be as high as 4 or 5.

Most personal injury claims today end in settlements. Taking a case all the way to trial is a costly and lengthy process that most seek to avoid. But when a defendant is facing an expensive claim, such as one involving  a permanently disabled plaintiff, they may try to avoid paying out a settlement and decide to take the matter to trial. There are, however, risks with going to trial. Trial can end up costing the defendant a lot more than a pre-trial settlement would have.  On the other hand, the plaintiff runs the risk of getting nothing at all, especially if they were partly responsible for the injury. Under Texas law, if the court finds that a plaintiff was over 50% at fault in an accident, they cannot recover at all. If they were 50% or less at fault, they can recover, but their damage award will be reduced by their percentage of fault.

Defense attorneys and insurance companies will use this to pressure a plaintiff to settle for less than their claim is worth. However, when a plaintiff has been permanently disabled in a terrible accident, the plaintiff’s attorney can turn up the pressure by seeking exemplary damages, also called punitive damages. A court can impose these as punishment if the injury occurred because a defendant was malicious or grossly negligent.

The personal injury claim process is time-consuming because it is based on finding fault and determining the plaintiff’s circumstances in each case. However, if you were injured on the job, you may be able to go through a no-fault process that should, in theory, be simpler.

Workplace Injuries and Permanent Disability

Workers’ compensation insurance was originally designed to bypass court proceedings and provide no-fault payments to injured workers. However, most Texas employers are not required to subscribe to any kind of workers’ compensation insurance or program. If your employer is a nonsubscriber, you will need to seek relief the “old-fashioned” way through the courts. But if your employer does carry workers’ compensation insurance and that insurance covers your injury, you will have to seek relief through workers’ compensation rather than through a lawsuit.

After the injury, once you have reached maximum medical improvement (MMI), your doctor will give you an impairment rating for the severity of your injury, expressed as a percentage. If your impairment is permanent, you can qualify for impairment income benefits (IIBs), which are 70% of your average weekly wage. Each percentage point in your impairment rating entitles you to three weeks’ worth of IIBs. Although this could result in years of benefits for someone with a high impairment rating, it is often not enough for a permanent disability.

You may also be able to receive lifetime impairment benefits (LIBs) for the following injuries:

• total and permanent loss of sight in both eyes;
• loss of both feet at or above the ankle;
• loss of both hands at or above the wrist;
• loss of one foot at or above the ankle, and loss of one hand, at or above the wrist;
• an injury to the spine that causes permanent and complete paralysis of both arms, both legs, or one arm and one leg;
• a physically traumatic injury to the brain resulting in incurable insanity or imbecility;
• third degree burns that cover at least 40 percent of the body and require grafting; or
• third degree burns covering the majority of either both hands or one hand and the face.

Employers and insurance carriers may fight severely injured claimants with challenges, denials, and unjust rulings. Doctors, too, can issue unfair impairment ratings, and you have the right to challenge them. It is essential to act fast—deadlines in workers’ compensation cases can be very short.

An attorney with experience in catastrophic injuries and the kind of workplace cases common in Texas, such as construction and oil rig accidents, can help you get the compensation you deserve. The attorneys at Pelaez Law Firm, Crash Angels have the experience necessary to maximize compensation in these types of cases.  Call the Pelaez Law Firm, Crash Angels today at 210-801-9314 to schedule an appointment about your case.