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Dog Bites and Injuries Caused by Dangerous Property Conditions

If you were attacked by a dog or injured on public or private property because of dangerous conditions, you may have grounds for a premises liability claim (also known as a slip-and-fall claim). Property owners have a legal duty to keep their property free of dangerous conditions, including dangerous animals. When they fail to maintain safe conditions or post signs warning of dangerous conditions, property owners can be held liable for injuries that happen on their premises.

Proving Liability for Slip-and-Fall Accidents

The fact that you were injured on public or private property is not enough to merit a lawsuit. The law is clear on what is required to file a premises liability claim:

• There were dangerous conditions on the property.
• The injury was caused by those dangerous conditions.
• The property owner was aware or should have been aware of the dangerous conditions.
• The property owner did not correct the dangerous conditions before the injury happened.

Texas premises liability laws apply to everyone except most trespassers. If the property owner was grossly negligent or intentionally injured the trespasser, a trespasser can also file a premises liability claim.

Understanding the Texas Dog Bite Law

Texas follows what is sometimes referred to as the “one free bite rule.” This means that if the dog that attacked you has never bitten or attacked anyone before, the dog owner is not liable. There are two conditions that must be met to file a dog bite claim in Texas. First, you must prove that the dog has either already bitten someone else or acted as if it were going to bite. Second, you must prove that the dog’s owner or keeper was aware that the dog attacked or attempted to attack someone in the past.

Don’t Wait to File a Claim

One of the biggest obstacles we face in filing a premises liability claim is when people wait to file a claim. By law, you have up to two years from the date of your injury to file a claim. However, the more time that goes by, the harder it is to prove your claim. When an accident happens, property owners are usually quick to correct the dangerous conditions that caused your injury. It is the right thing for them to do, but it destroys evidence in the process. It also becomes difficult to track down witnesses. If you believe you have a claim, contact us as soon as possible.

Contact Clayton Walker Morgan Law for a Free Consultation

To schedule a free initial consultation to discuss your injury, call Clayton Walker Morgan Law at (210) 228-4414 or fill out my online contact form.

Experience in the Insurance Industry

Before starting my law firm, I spent 11 years defending insurance companies and irresponsible drivers who cause auto accidents. I know the strategies used by the insurance industry. By focusing on the important evidence that makes claims adjusters pay attention, I recover the compensation my clients deserve.

Clayton Walker Morgan Law represents victims of all types of accidents including:

• Car Accidents
• Bicycle and Pedestrian Accidents
• Accidents Involving Big Trucks and Commercial Vehicles
• Scooter Accidents
• Uber/Lyft Accidents
• Company Trucks
• Municipal Vehicles
• Amazon Delivery Vans

What to Do Before You Leave the Accident Scene

Any time you are in an accident, you should immediately start documenting the event – witnesses and evidence can disappear quickly. Try to document the accident scene and do the following things:

• Take photos of the accident scene.
• Take photos of all vehicles involved in the collision.
• Get a copy of the police report.
• Get the names and phone numbers of witnesses.
• Get a business card from the peace officer.

Collecting evidence at the time of the accident greatly improves your chances of winning a claim. For more information about automobile accidents, visit our car accident FAQ page.

Don’t Sign a Release Until You Talk to a Lawyer

The insurance company is usually very prompt in responding after an accident. When you miss time at work and you start seeing medical expenses pile up, it’s tempting to accept the insurance company’s first offer and start paying bills. The claims adjuster will encourage you to agree as quickly as possible, but you should never sign anything until first speaking with a lawyer.

I have found that many of my clients have Personal Injury Protection (PIP) coverage on their car insurance and are not aware of it. PIP coverage pays medical bills and covers up to 80% of lost income. Texas law does not require PIP coverage, but insurance companies are required to offer it. If you decline PIP coverage, you must sign a rejection form and the insurance company must produce the signed rejection form to deny you PIP benefits.

Even if you don’t have PIP coverage, there are other ways to deal with financial pressures. I can help you get a fair settlement and deal with the insurance company so you can focus on healing.

Contact Clayton Walker Morgan Law for a Free Consultation

To schedule a free initial consultation, call Clayton Walker Morgan Law at (210) 228-4414 or fill out my online contact form.

The Growing Problem of Lime and Bird Scooter Accidents

Anyone who has been in downtown San Antonio lately has noticed a dramatic growth in the number of e-scooters on the streets. What started as an experiment has grown into somewhat of a problem. Bird and Lime scooters are everywhere now. The city’s delay in passing regulations and ordinances has resulted in a growing number of accidents.

Several issues affect the number and severity of accidents involving e-scooters:

• Malfunctioning Brakes
• Malfunctioning Accelerators
• Poorly Maintained Streets and Pathways
• Motor Vehicles Failing to Yield the Right of Way

The lack of protective gear used by most e-scooter riders also contributes to injuries. Helmets are recommended but do not come with the scooters and are not required. Getting launched from a scooter at speeds as low as 15 miles per hour can cause traumatic and sometimes fatal injuries.

Road Conditions Often Contribute to Accidents

Small irregularities in a road surface that have no effect on a car or motorcycle can send an e-scooter rider over the handlebars. The ban on riding on the sidewalk has moved e-scooters onto streets that are not always properly maintained. Poor lighting conditions sometimes make it hard to detect broken asphalt or cement until it’s too late. Defects in the road that has little effect on cars and motorcycles can send e-scooter riders over the handlebars and headfirst into the ground.

Maintenance on E-Scooters Is Mostly Unregulated

The law has not caught up with the rapidly developing industry of scooter-share systems. As a result, there are not many regulations concerning the maintenance and safety of e-scooters. Scooter companies often don’t learn about mechanical problems until a user reports a problem. There have also been complaints that the mechanics who maintain e-scooter fleets are often amateurs with very little training. Until regulations are implemented to set standards for the safety of e-scooter fleets, it will be difficult to verify the safety of individual scooters within a fleet.

Contact Clayton Walker Morgan Law for a Free Consultation

If you were hurt while riding a Bird or a Lime scooter, call Clayton Walker Morgan Law at (210) 228-4414 or fill out my online contact form to schedule a free initial consultation.

Common Questions After an Accident or Injury

Q: What if I am hit by someone who doesn’t have insurance?
A: Even though Texas requires its residents to purchase liability insurance to protect the public from the risk of injury in an accident, not everyone complies with the law. If you are involved in an accident with an uninsured driver, unfortunately, you do not have many options. Hopefully, you purchased Personal Injury Protection (PIP) benefits and Uninsured Motorist (UIM) Coverage from your own insurance company prior to the accident. If you don’t know what PIP and UIM coverage is, you are not alone. Many of my clients didn’t know what it was when we met for the first time. PIP and UIM insurance provide ways to recover benefits to offset medical expenses when you are injured by a driver that does not have insurance. If you have PIP and UIM insurance and were hit by an uninsured motorist, give our office a call so we can discuss how to pursue a claim for benefits.

If you don’t have PIP and UIM insurance, you should call your insurance company to inquire about coverage for future accidents. Yes, you have to pay a separate premium to your insurance carrier for this coverage, but the added protection is worth it, especially if you end up seriously hurt by an uninsured driver

Q: I don’t know if my injuries are serious. Should I wait to see if my pain goes away after an accident?
A: No, and waiting to get treatment only hurts your chances of recovering from your injuries. If you are involved in an accident and suffer an injury, you should seek treatment as soon as possible. Insurance companies take the position that the longer you wait to get treatment, the more insignificant your injury. I never want to give the insurance company any reason to deny or reduce payment, so if you are injured, seek immediate medical attention.

Q: How long will it take to resolve my claim?
A: This is a question that almost all of my clients ask and the answer varies significantly from claim to claim. Once you hire me as your attorney, we first make sure that you are getting the medical attention you require for the injuries that you have sustained. This can take as little as a few months for minor injuries and as long as multiple years for major injuries. Once you are feeling back to the way you felt before the accident or we at least have a clear understanding of the future care that will be required for you, we will make a demand against the responsible party. The demand is a document (with supporting attachments) that describes the incident that gave rise to your injuries, our theories of liability against the responsible party, a calculation of your recoverable damages, and a demand for settlement.

Once the responsible party receives our demand, a few things could happen. They could:

1. Offer you an amount you are happy with and we can settle your claim;
2. Offer an amount of money that is not enough to settle your claim;
3. Ignore the demand; or
4. Ask for additional information.

At this point, we would discuss the best course of action for your claim and there is no way to predict how each claim will go without knowing the specific facts. Ultimately, we may have to file a lawsuit to recover the full value of your claim. Once again, it is impossible to predict how quickly litigation can go, but you should expect your case to resolve no earlier than 6-9 months after filing a lawsuit. But this really depends on the defense attorney and their defense of the case in addition to other factors that typically arise.

More Questions? Get Straightforward Answers.

As an attorney, I consider it my duty to give clients the information they need to make the best choices for themselves, their cases, and their loved ones. The answers on this page provide general information, but there is no substitute for a free consultation about your specific case. To arrange an appointment, please call (210) 228-4414 or send me an email.

Hurt in an Accident as a Lyft or Uber Passenger?

The popularity of ride-sharing services like Uber and Lyft have changed the way some motor vehicle accident claims are processed. Both Uber and Lyft carry a $1 million liability policy, but that insurance coverage only applies under specific circumstances. Sometimes, it is the driver’s personal insurance that covers the accident. The factors that determine which policy covers the accident include who is at fault and the status of the driver at the time of the accident.

Who Is Liable in an Accident Involving a Rideshare Vehicle?

Liability in an accident involving a ride-sharing vehicle depends on who the at-fault driver is. If you are a passenger in a rideshare vehicle and the driver of another vehicle causes an accident, the other vehicle’s driver is at fault. You would file a claim against the driver who caused the accident with the vehicle you inside as a passenger. If the accident was caused by the driver of the vehicle you are a passenger in, things are a little more complicated.

This is how the insurance policy that covers Uber drivers breaks down liability:

• When you are on a trip and the Uber app is on: Accidents are covered under Uber’s commercial insurance, including up to $1 million in third-party liability and $1 million in uninsured/underinsured motorist coverage.
• When the Uber driver is in available status and the app is on: In this situation, Uber and the driver share fault. An accident claim would be filed against both the driver’s personal insurance and Uber’s contingent liability coverage.
• When the Uber app is off: When the Uber app is off, the driver is not technically on the job. This would be handled like a standard accident claim against the driver’s insurance.

Uber and Lyft drivers are constantly monitored while on the clock. GPS records of where they traveled make it easy to place them at the scene of the accident and sometimes offer enough information to help prove fault. Many drivers also equip their vehicles with additional cameras. Footage of the accident can also be used to prove fault and reconstruct the accident.

If You Were Hurt in an Uber or Lyft Accident, Contact Clayton Walker Morgan Law

At Clayton Walker Morgan Law, we have experience dealing with ride-sharing companies. If you were in an accident as a passenger in an Uber or a Lyft, we can help you get the compensation you deserve. To schedule a free initial consultation, call (210) 228-4414 or fill out my online contact form.

Fighting for Injured Bicyclists and Pedestrians

Even with Bluetooth capability available in most vehicles, Central Texas drivers are still extremely distracted by their cell phones while driving. Whether it’s reading a text message, scrolling through a social media site, or trying to use the maps application, the cell phone provides a variety of tempting distractions. In fact, the Texas Department of Transportation has found that distracted driving is the leading cause of auto accidents in the state of Texas. It’s no wonder that bicyclists and pedestrians are more vulnerable than ever. The unfortunate truth is that when a car strikes a bicyclist or pedestrian, it can cause significant injuries or even death.

Proving Fault in Pedestrian Accidents

In an accident where a pedestrian is hit by a motor vehicle, there are several parties that may be held liable for the accident; the driver that hit you is not always solely responsible. When unsafe road conditions or broken traffic lights were contributing factors, the city might be held liable. If a reckless driver forced the action of the driver that hit you, they could be held liable. Proving fault requires a careful examination of the accident scene, the collision, and all the involved parties.

I have been helping victims of pedestrian accidents in San Antonio and the surrounding area for more than a decade. I understand the complexities of these claims and know how to get pedestrian accident victims the compensation they deserve. When you come to my office, I will speak with you personally and make sure you understand exactly what is happening.

Helping Cyclists Hurt in Accidents With Motor Vehicles

If you were walking near or on the street and were hit by a motor vehicle, be aware that there are many factors that can affect your case. First, there might be more parties responsible for the accident other than the driver that hit you. When dangerous road conditions or defective traffic signals contribute to the accident, you may be able to allege that the City of San Antonio or another municipal entity is responsible. However, please be aware that in order to make a claim against the city or another municipal entity, you have to act quick or risk being barred from filing a lawsuit against them. No matter the facts, proving fault in a pedestrian accident involves a careful analysis of the conduct of all potential parties.

The second factor that could affect your case is the applicability of local ordinances and Texas Transportation Code statutes which are designed to protect vulnerable pedestrians from motor vehicles. This is a case-specific analysis, but be aware that if you were hit by a motor vehicle while walking on or near the street, there may be some statutes and local ordinances already in place that will help you win your case.

Because of the limitations of protective gear, injuries suffered by cyclists in collisions with motor vehicles tend to be severe. We often hear from our clients that insurance companies try to assign blame for the accident onto the bicyclist. Without an attorney on your side, it can be quite a battle to get a fair settlement from the insurance company. I have the experience and knowledge to help you get the compensation you deserve.

Contact Clayton Walker Morgan Law for a Free Consultation

If you were in an accident with a motor vehicle while riding a bike or as a pedestrian, you may be entitled to compensation. To schedule a free initial consultation, call my office at (210) 228-4414 or fill out our online contact form.