What Personal Injury Cases Does Fulgham Hampton Personal Injury Attorneys Handle in Fort Worth?

We are a team that helps people with personal injuries. If you or someone you love suffers an injury in an accident, we can help with every step of the legal process. The following are some of the most well-known types of personal injury that our Fort Worth personal injury lawyer resolves:

Texas Car Accident Lawyer

Have you ever been in a car accident and wondered, “why me?” After all, the last thing that’s on your mind as you’re on your way to work or the grocery store is, “Oh, I wouldn’t mind if another driver’s negligence caused me to suffer damages.” Well, that’s just it. You might find yourself at a loss solely because of another driver’s faulty driving. In a situation such as this, you must know your rights, so if you’ve been injured in a car accident in Fort Worth or Tarrant County, Texas, continue reading this article.

Negligence

When you’re involved in a car accident, more often than not, you sustain damages. These damages can be actual (compensatory) or punitive. Actual damages are split into two categories:

• Economic, such as loss of earning capacity or future medical expenses, and
• Non-economic, such as pain and suffering, loss of enjoyment, or loss of consortium, which means the normal enjoyment of your relationships.

A judge may award punitive damages if there is evidence that the at-fault driver needs to be taught a lesson because of malicious, willful, or fraudulent behavior. Usually, a judge awards actual damages in car accident lawsuits. Sometimes, the court will award nominal (very minimal) damages if your injuries were minor.

If you’re injured in a car accident, most likely it is because of negligence. In Texas, a person is negligent when they owe you a duty, breach it, and cause you some actual damages. For example, every person on the road owes every other person on the road a duty to be cautious. Suppose a driver runs a red light. Not only is this a traffic violation—it’s a breach of duty. If you had the green light and you were struck by the traffic violator’s car, you could expect that you, your vehicle, or both will be damaged. Here, you’d have a strong chance of proving negligence.

Also, it’s important to know that there are two elements involved in proving that a driver’s actions were negligent. They are called cause-in-fact and proximate cause.

Cause-In-Fact—A driver is the cause-in-fact of your injury if you would not have been injured if not for the driver violating a traffic law or being negligent in some way that caused the crash.

Proximate Cause—The issue of proximate cause is based on the relationship between what the negligent driver did and the accident that injured you. A reasonable and careful driver would’ve known that glancing away from the road to search for something in the glove department could lead to an accident, and that accident would be likely to cause you injuries.

Proving Fault

Of course, you must first prove that all the requirements for negligence are met. But then, you also have to prove the percentage of fault the other driver bears, or perhaps even argue about what percentage of fault, if any, you had in causing the crash. The laws in Fort Worth and Tarrant County, Texas, follow a modified comparative fault system. Under this system, so long as you are not more than 50% at fault for your injuries, you can request compensation for the damages you incurred. But, if the evidence shows that you are more than fifty percent responsible for the cause of the crash, then you cannot recover any damages.

You can be certain that the other driver, or drivers, involved in the crash will hire a personal injury lawyer and argue that you’re at least 51% to blame. It’s in your best interest to speak with a Fort Worth or Tarrant County car accident lawyer, too.

Possible Injuries

You might ask yourself what are the things that you can seek compensation for. Typically, car accident injuries result in a host of damages. Some of them are:

• The cost of medical transportation
• The cost of present and future medical bills
• The cost of physical therapy if it’s needed
• The cost of lost wages because you had to take time off from work
• The cost of lost earning capacity if you can no longer perform your work tasks to the degree that you once could
• The cost of vehicle repairs, or
• The cost of loss of consortium (impact on the relationship) between you and your spouse.

Getting A Lawyer

Don’t you want to increase the likelihood that you’re fully compensated? Then hire a car accident lawyer from one of the best law groups in Texas—Fulgham Hampton Personal Injury Attorneys. Our experienced car accident lawyers can help you decide whether a settlement or lawsuit is best and gather evidence to improve your case. A personal injury lawyer knows the law. We know how to play hardball to ensure you get what you need. Give us a call for a free consultation today at (817) 697-4440 or contact us online.

Texas Truck Accident Lawyer

Colliding with a truck often results in catastrophic injuries. Whether you manage to survive, there’s a high risk that you’ll need medical treatment for many years, if not for the remainder of your life. Therefore, if you’ve been injured in a truck accident, it’s imperative that the responsible party or parties foot the bill for your suffering. While monetary compensation may not restore everything that you’ve lost, depending on what your damages are, it can make your life that much easier moving forward. Fulgham Hampton Personal Injury Attorneys explains what you need to know about truck accident injuries in Texas, including how our attorneys can help you if you have been injured due to someone’s negligence.

Negligence

The first step in recovering legal damages, which means money to compensate you for losses from any truck accident, is proving that the truck driver was negligent. To be liable for negligence in Fort Worth or Tarrant County, Texas, a truck driver’s actions must meet these four elements.

• Duty—the truck driver owes you to duty to drive safely and responsibly anytime they are on the road. This includes following all relevant traffic and trucking laws.
• Breach—the truck driver could breach that duty, perhaps by breaking a traffic law or acting unreasonably, carelessly, or dangerously. For example, if a truck driver operates the vehicle while drunk, she is violating the law and breaching her duty to you. If he texts and drives, then he is breaching his duty to you because it’s unreasonable to drive while you’re distracted or with your eyes off the road.
• Causation:
  • Cause-In-Fact—the truck driver’s actions are the actual cause of your injuries.
  • Proximate Cause—the truck driver didn’t act as a reasonable truck driver in a similar situation would and, those unreasonable actions led to your injuries.
• Damages—you suffered actual injuries, such as medical bills and lost wages. But not all damages are out-of-pocket expenses. Some injuries are non-economic damages, such as your loss of enjoyment or pain and suffering. If, for example, the impact leaves you severely deformed, you might also suffer from emotional and mental issues that a judge might compensate you for.

This might seem straightforward, but truck accident cases are rather complex. Seeking advice from knowledgeable Texas truck accident lawyers is in your best interest. Not only will we fight aggressively for you, but we can tell you who to go after to increase the chances of your full compensation.

Multiple Parties At Fault

In Texas, you can request recovery from multiple parties. Certainly, the first person you can go after is the truck driver. But did you know that you might also be able to go after the company that hired the truck driver, or a truck repair worker, or even the truck’s manufacturer, possibly?

Respondeat Superior

Respondeat superior means “let the superior answer,” which is a fancy, Latin way of saying that the employer should pay the costs of the employee’s reckless behavior. Considering that the employer hired the truck driver and it was the employer’s duty to oversee the truck driver’s training, this theory is a logical one. Not to mention, trucking companies inevitably have more money than individual truck drivers, and you’re likelier to recover more fully when you include them in a lawsuit or settlement.

Products Liability

Sometimes, a truck driver isn’t so much negligent as it is that the truck was poorly manufactured. Suppose the design manufacturer overlooked a vital aspect, making the design inherently dangerous, or the assembling manufacturer made a critical error. In either case, anyone involved in the truck’s chain of development and sale can be held liable for your damages.

Damages And Compensation

Your damages might include:

• Car repairs
• The value of your irreparable car
• Lost wages
• Lost earning capacity.

For more information regarding a fuller spectrum of damages, contact our law group. Also, bear in mind that Texas is a modified comparative fault state. If you’re more than 50% at fault for your injuries, then State law bars you from recovery.

Hiring A Lawyer

Recovering from a truck accident may be a lifelong journey. It certainly is bound to be an uphill battle, but that doesn’t mean it’s an impossible battle. We at Fulgham Hampton Personal Injury Attorneys want to see to it that you’re adequately and justly compensated. Whether your injuries were catastrophic or relatively minor, you should not be on the hook for someone else’s negligent actions. Don’t sleep on your rights. Hire a personal injury lawyer from one of the best law groups in Fort Worth and Tarrant County. A Fulgham Hampton Personal Injury Attorneys personal injury lawyer specializes in truck accident recovery, so call us at (817) 697-4440 or contact us online for a free consultation today.

Texas Bicycle Accident Lawyer

It was a regular, sunny and hot day as you rode your bicycle. You’ve taken this route countless times. You can name each street and house as you pedal by. Suddenly, out of nowhere, you find yourself struck by a vehicle, and your body shoots through the air. You crash into a fence, your head throbbing and your arm feeling as though it’s come out of its socket. You’ve just found yourself in a bicycle accident. Judging from the sizzling pain you feel, you know you’ll need an ambulance. If you’ve been in a similar circumstance, you’ll want to know more about Texas bicycle accident laws.

Negligence

Usually, when you’re injured in a bicycle accident, it’s because a driver was negligent. In Texas, there are four essential elements to prove that the driver was negligent. A good Texas bicycle accident lawyer can help you establish these, so it’s in your best interest to consult with a knowledgeable personal injury lawyer at Fulgham Hampton Personal Injury Attorneys before deciding what to do next. You may reach us at (817) 697-4440 or contact us online for a free consultation.

Now, let’s cover negligence. In your case, a driver is negligent when they owe you a duty—this occurs every time the driver gets on the road—and they then breach, or violate, that duty of care and safe behavior, and that is the factual and proximate cause of your injuries. For instance, suppose you had the right-of-way to turn, but the at-fault driver was rubbernecking and crashed into you. Had the driver been paying attention, you wouldn’t have suffered any damages.

Comparative Fault

Proving negligence is only the first hurdle. After that, you’ll need to jump over the comparative fault obstacle. In Texas, which follows a modified comparative fault system, your recovery can be diminished by your degree of fault. In other words, if a judge or jury finds that you’re 40% to blame for your injuries and your total damages from the crash are $100,000, then the at-fault driver would only pay $60,000. You can’t get the remaining $40,000 from the defendant because you caused it.

This issue can get tricky. If you’re more than 50% at fault, Texas law bars you from recovering. The idea is that you’re mostly to blame for your damages and, so, another party shouldn’t have to compensate you for what is mostly your fault. Now naturally, you can anticipate the at-driver driver hiring a great personal injury lawyer who’ll likely argue that you’re more than 50% at fault. Maybe you weren’t paying attention. Maybe you were riding down the wrong lane. Maybe you were riding down a dark street that you knew didn’t have any streetlights, you wore dark clothes, and you failed to have a blinker on your bicycle.

In a matter such as that, you can probably understand how a jury may or may not rule in your favor. Another argument that might arise is whether you wore a helmet. Neither Fort Worth nor Tarrant County laws require bicyclists to wear helmets. Yet, if you happen to sustain a brain injury, a jury might not view you too favorably all the same.

Why You Need A Lawyer

Bicycles accidents are serious. The cost of your bicycle, hospital fees, and lost earnings from work are just a few of the damages you may sustain. You might suffer a loss of enjoyment because you’ve developed a fear of bicycling, or you might need emotional therapy to feel safe getting back on the road. Unfortunately, your anguish is rarely enough to make insurance companies, or the at-fault party, want to pay you what you need. You’ll probably find yourself being offered a settlement deal that you doubt will cover the costs of everything. Or, perhaps, you’ll feel pressured into accepting a low payment amount.

Even more, you might find yourself puzzled at all the legal jargon and trying to understand what certain legal terms mean. If you try to handle this matter alone, consider the time it’ll take away from you. You might have to miss work to make court appearances. You might have to get certain documents signed by a notary public. You’re responsible for crafting legal arguments, collecting evidence, subpoenaing witnesses, and ensuring that you submit any court-ordered requests on time.

Yet, if you hire one of our skilled bicycle accident lawyers, we will handle these details for you. Call us today at (817) 697-4440 or contact us online for a free consultation.

Texas Serious Injury Lawyer

Serious injuries are debilitating, and they’re typically caused by someone else’s negligent actions or inactions. Unfortunately, not only must you suffer the long-term consequences of that person’s negligence, but you must also endure the exorbitant costs associated with your injuries, as well. If you’ve sustained a serious injury in Fort Worth or Tarrant County, Texas, then continue reading to see how the laws can help make you whole again.

Aftermath Of A Serious Injury

While you can recover from injuries that are not as severe, a judge is likelier to award you more money, and you’re likelier to need to file suit against someone to attain the money necessary to support your new lifestyle. So, you might ask, “what makes an injury serious?” A serious injury is an injury that: creates a substantial risk of death; a serious, permanent disfigurement; or an extended loss or impairment of a specific bodily function. But serious injuries can be catastrophic or traumatic, as well. They can even be fatal.

A catastrophic injury, in general, is an injury that is so serious that your life expectancy is shortened, and the damage you sustained is permanent (opposed to just temporary or long-term). This means that you can only classify your serious injury as catastrophic if certain conditions also exist, such as:

• Traumatic brain injury,
• Spinal cord injury,
• Amputated limb,
• Severe burn, or
• Skull or spinal fracture injury.

Your doctor can best explain the severity of your injuries and what you can expect for your future going forward. But because we’ve litigated and reached substantial settlement amounts for countless serious injury survivors and victims, we also know which side effects you should expect. For example, your injuries might be so severe that you cannot return to work. You can sue for lost wages when an injury causes you to miss a few days of work. But, when you’re no longer able to work at all, however, you can sue for lost earning capacity. Your earning capacity is based on your work experience and education, but a serious injury diminishes the significance of your experience and education.

Moreover, your relationship with your spouse might decline. Perhaps, you two used to vacation regularly or have weekly dinner dates. Maybe you enjoyed going to the movies. If you’re now confined to a wheelchair, where you go and how you travel becomes dependent on ramp accessibility. Movie watching might become less comfortable and convenient. Going on dates or vacationing might feel awkward, frustrating, or tiresome. You’re not at fault for someone else’s negligence. While seeking compensatory damages won’t give you back your old life, it will certainly help you adjust to this new one.

All in all, when someone causes you to sustain a serious injury, you can sue for:

• Loss of enjoyment
• Loss of consortium
• Loss of future earning capacity
• Pain and suffering
• Mental anguish
• Physical impairment, and more.

Statute Of Limitations

You should know that you have two years, from the time of the accident, to file suit in Fort Worth or Tarrant County. Missing this deadline will affect any potential settlement deal. Once insurance companies and the at-fault party know they can’t be sued, they’re likelier to play hardball and undercut you. Fortunately, some exceptions might apply if you miss the statute of limitations.

How We Help You

A personal injury lawyer at Fulgham Hampton Personal Injury Attorneys is experienced in personal injury and serious injury cases. Whether your serious injury is the result of negligence or an intentional tort, such as an assault or battery, we know how to protect your rights. We’re not afraid to take on scary insurance agencies. We’ll fight passionately for you, so don’t hesitate. Call us now for a free consultation at (817) 697-4440 or contact us online.

Texas Tractor Trailer Accident Lawyer

Colliding with a tractor-trailer can result in catastrophic damage, if not death. Unfortunately, these 18-wheeler accidents are all too common in Fort Worth and Tarrant County, Texas. In fact, some 2012 reports stated that Texas is at the top of the charts for fatal truck accidents. A 2017 report from the Federal Motor Carrier Safety Administration put Texas at the top of the list for most fatal truck-related accidents with over 500 incidents—more than 200 incidents above the second-highest ranked state. If you’ve been injured by a reckless tractor-trailer driver, you aren’t alone. Continue reading to learn how Texas laws can help you recover compensation.

Causes Of Tractor-Trailer Accidents

Roadside accidents can happen so fast that you never see them coming. As a responsible driver yourself, it’s only natural that you expect every other driver to drive reasonably and cautiously. This is especially true for drivers who are transporting several tons of weight. You might assume that they’d be the safest drivers. Sadly, this is not often the case. Often, courts find these drivers liable in tractor-trailer suits. Like you, judges expect them to be mindful of the risk their negligent driving poses to others on the road. With they hit another vehicle, devastating results can occur.

Even worse, you might not have realized you were in danger until it was too late. Perhaps, the at-fault driver hit you with such force that you slipped out of consciousness, and the only thing you recall is waking up in a hospital. You might suffer severe damages, such as a traumatic brain injury or spinal cord injury. Any sort of brain injury can prevent you from remembering what happened. Experienced, knowledgeable tractor-trailer accident lawyers are keen on the common causes of a tractor-trailer or 18 wheeler accidents.

Some of the typical causes for such accidents are:

• Drunk driving
• Distracted driving
• Fatigue or sleepiness
• Poor training
• Manufacturing defects
• Runaway freights
• Faulty side mirrors
• Faulty brakes.

A good personal injury lawyer knows how to investigate the scene of the accident and how to gather evidence that’s favorable to your case.

Can You Sue Multiple Parties?

When seeking compensation, it’s advisable to sue any party who shares in the blame for your damages. Fortunately, Texas laws permit you to sue multiple parties. Texas is a modified comparative fault state. This means that more than one person can be held liable for the injuries you sustained. It also means that any party will only pay their percentage of fault. This includes you if you are partially to blame.

In other words, let’s say that the total cost of your actual damages is $500,000, and one party (i.e., the truck driver’s employer) is 15% at fault. That party will only pay $75,000 towards your compensation. Suppose the driver is 30% at fault. In that case, the driver will pay $150,000 of your damages. There is a possibility that a party you sue will be found not liable whatsoever. That doesn’t mean you won’t be fully compensated. It only means that the percentage of blame will be proportionately different amongst the parties found to be liable for your expenses.

But bear in mind that suing multiple parties doesn’t necessarily mean you won’t have to foot the bill for any of your injuries. Even if you’re found to be only 1% at fault, you’ll have that 1% deducted from your damages. Most important, however, is that your degree of fault can bar your entire claim. In Texas, if you’re more than 50% at fault, you cannot bring a negligence-based, personal injury lawsuit against the tractor-trailer driver regardless of how severe your injuries are.

How Do You Prove Fault?

You can prove fault by showing that the driver was negligent. A driver is negligent when they breach the duty that’s owed to you, and that breach is the direct or proximate cause of your injuries.

Once you’re injured by a tractor-trailer, your life is bound to change. The change may be temporary or long-term. In either case, it will be an expensive one that you shouldn’t have to foot the bill for, particularly when you’re not at fault. Don’t fight against scary insurance and semi-truck companies alone. Call a compassionate personal injury lawyer at Fulgham Hampton Personal Injury Attorneys for a free consultation at (817) 697-4440 or contact us online.

Texas Motorcycle Accident Lawyer

Riding a motorcycle is exhilarating. There’s nothing like the feel of wind caressing your face. It’s like paradise until you go soaring through the air and off your bike. Before you realize what happened, you’re on a gurney and being hoisted into an ambulance. It’s a frightening thought, but motorcycle accidents such as this occur quite frequently. If you’re in Fort Worth, Texas, or Tarrant County, Texas, and you’ve been injured in a motorcycle accident, then continue reading to learn more about Texan motorcycle laws.

What Causes Motorcycle Accidents?

Once you’re injured, you might not know exactly what caused the accident. If you hire an experienced motorcycle accident lawyer from Fulgham Hampton Personal Injury Attorneys, you can rest assured that we’ll investigate the causes of the accident that caused your injuries. That might include visiting the scene of the accident. If there are traffic cameras or any stores around, there’s a chance we can piece together what happened by reviewing the videotapes and speaking with eyewitnesses. There might even be marks left on the road. A police report from an officer, who arrived at the scene, will help us, too.

The nature of your accident might be a mystery, or maybe you have a fairly good idea of what happened. After all, you might have seen the at-fault driver coming your way, but you simply didn’t have enough time to move out the way. Sometimes, there are multiple causes—and these causes might have to do with situations that are out of the other driver’s hands. Therefore, we’ve compiled this list of likely motorcycle accident causes:

• Slippery roads
• Drunk driving
• Failure to yield
• Ignoring right-of-way
• Texting while driving
• Rubbernecking
• Hazardous road conditions
• Hazardous weather

Usually, negligent driving falls somewhere on the list. A driver is negligent when they breach the duty of care owed to you as a fellow roadside passenger, and that breach is the factual cause and proximate cause of any damages you sustain. For example, suppose that a driver failed to signal or turned on the wrong turning signal; you two collide; you wind up needing knee surgery from the collision. In that case, the at-fault driver has a duty to signal properly and, but for their failure to do so, you wouldn’t have suddenly crashed into them and been harmed.

Who’s At Fault In Motorcycle Accidents?

Knowing who’s at fault in a motorcycle accident isn’t always as simple as it seems. Texas is a modified comparative fault state. This means that your recovery can be reduced based on the measure of fault applied to you and any party involved in your case. For instance, if you weren’t paying attention and the other driver was fiddling with something in the vehicle, both of you are partially to blame. The question is, what percentage of the blame falls onto you. In Texas, so long as you are not more than 50% to blame for your injuries, you can seek compensation. If, however, you are more than 50% at fault, then you will likely have to pay any collision-related expenses on your own.

Now that you know this, it’s important to consider Fort Worth’s and Tarrant County’s motorcycle helmet laws. Although Texas laws don’t require bicyclists to wear helmets, they do require it of motorcyclists under age 21. Exceptions do apply.

If you sustain a brain injury and you didn’t have on a helmet, there is a chance that a judge will reduce your compensatory amount. There’s also a possibility that a judge or jury will find you’re more than 50% at fault depending on the circumstances and the nature of your damages if you didn’t wear a helmet. There is far less likely if you only sustained injuries to your lower body that a helmet couldn’t have prevented anyhow.

What Are Possible Injuries You Can Get Compensated For?

Not all injuries that you suffer result in economic damages, like medical bills and lost wages. Some damages are called non-economic, such as your pain and suffering. In a personal injury, motorcycle accident case, you can seek compensation for actual damages, economic and non-economic, and possibly punitive damages if the other driver’s conduct was malicious, willful, or extremely dangerous. A judge awards you punitive damages to teach the at-fault driver a lesson.

With so much on the line, don’t go at this alone. Call Fulgham Hampton Personal Injury Attorneys for a free consultation at (817) 697-4440 or contact us online.

Texas Wrongful Death Lawyer

If you know that your family member would still be alive, if not for the reckless or neglectful actions of someone else, you might be too distraught to care about filing a wrongful death claim, or you might think it’s frivolous to do so. After all, nothing will bring back your loved one. Seeking compensatory damages, however, can at least help you financially as you attempt to put the pieces of your life together again. For more information regarding Texas wrongful death claims, keep reading.

Causes

There are many causes of wrongful deaths. Any time that a person is negligent or commits an intentional tortious offense—and your loved one dies as a result—a wrongful death has occurred. This means that if your loved one died from a slip and fall accident, you could sue for compensation under a wrongful death claim. If a person purposefully struck your loved one and caused death, you can file a wrongful death claim.

Sometimes, your loved one doesn’t die immediately from the incident. Serious or catastrophic injuries can result in severe complications that eventually lead to the death of your beloved relative. If so, you can still file suit as long as a qualified, expert wrongful death lawyer assists you in proving that your loved one’s death stems from the unfortunate injury.

Other causes include, but aren’t limited to:

• Drunk driving accident
• Vehicular accident
• Airplane accident
• Workplace accident
• Product liability accident or defect
• Medical malpractice

Statute Of Limitations And Claims

You have two years from the time of the accident to file a wrongful death claim in Texas. If, however, your loved one didn’t die until several years after the accident, from complications that arose from the accident, then an exception applies. Another exception is if your loved one was under 18 at the time of their passing. Contact us for other exceptions.

If you wish to file a survival claim, the statute of limitations is also two years. This is a claim you file on behalf of your deceased loved one. A survival claim differs from a wrongful death claim. To successfully bring a survival claim, you must meet these elements. You must be an heir or executor to the decedent’s estate; the decedent would’ve been able to lawfully bring a personal injury suit against the defendant if not for dying; and the defendant’s wrongful action is the direct cause of your loved one’s passing.

How We Can Help

Reliving the moment you learned that your loved one was killed by someone else’s negligent or tortious behavior is painful. Not to mention, it might take you years to recover from the grief. The mere thought of confronting the person responsible for your loved one’s death might be too much to bear. Thankfully, you won’t have to shoulder this burden alone. This is where we come in. We’ll fight aggressively for you. We’ll confront the person responsible for your injuries. We’ll question and cross-examine the witnesses.

There are many good reasons to hire an experienced Fort Worth or Tarrant County lawyer to handle your wrongful death claim. We will:

• Gather evidence, including medical records and costs of lost household services
• Subpoena favorable and credible witnesses to help your case,
• Research the nature of your case so that you don’t have to study legalese,
• File every necessary document, on your behalf, in a timely fashion, and more.

We know the law, and we’ve overseen numerous cases like yours. We know what needs to be done to ensure a judge or jury awards you fairly and completely. You might fear that you can’t afford a personal injury lawyer. Well, fear not. We at Fulgham Hampton Personal Injury Attorneys offer free consultations. Call us today at (817) 697-4440 or contact us online.

Texas Pedestrian Injury Lawyer

Taking a stroll down the sidewalk sounds like a safe enough idea. Unfortunately, too often in Texas, this simple venture can become deadly. On average, anywhere from 4800 to 5900 Texans die each year from pedestrian-related accidents. In Fort Worth, Texas, pedestrian deaths rose some 54% over a four-year period. The problem of pedestrians dying or being severely injured while in the crosswalk or sidewalk has gotten so out of hand that the State is implementing a new law called Vision Zero to criminalize motorists who injured pedestrians. If you’ve been injured, continue reading to learn more about your rights.

Overview

The CDC says there’s about one pedestrian death every 88 minutes. Facing such an egregious statistic, you shouldn’t feel alone or that you don’t have any legal advantage for your injuries. Usually, drunk driving or negligent driving causes pedestrian-related injuries. When you’ve been hit, the first thing you should do is go to the hospital. Even if you feel fine immediately afterward or you’re able to stand (or limp away), the effects of the impact may only become apparent later. The sooner you visit a doctor, the better. Not to mention, a doctor will examine you thoroughly to see whether the impact fractured any of your bones or punctured any organs.

After a doctor documents your injuries, don’t hesitate to contact the knowledgeable pedestrian injury lawyers at Fulgham Hampton Personal Injury Attorneys. We’re here to help you prove that the at-fault driver was negligent or intentionally tortious in causing your injuries and owes you financial damages.

Viable Claims You Can Bring

In Texas, a person is negligent when they owe you a duty, breach that duty, and that breach of duty is the actual cause and proximate cause of your injuries, and you suffer real damages. All drivers owe a duty to their fellow roadside partners and pedestrians. They breach their duty to you when they violate traffic laws, such as running a red light, failing to yield when you have the right-of-way, or driving while intoxicated. This is rather straightforward. What is slightly trickier is how our laws define negligent causation.

A person’s actions are the cause-in-fact of your injuries when they are the direct cause of your suffering, such as if a driver was driving while distracted and didn’t see you in the crosswalk. A driver is the proximate cause of your injuries if they should’ve reasonably known that their behavior was dangerous and that an injury to an innocent person like you was foreseeable.

Damages are split into actual (economic and non-economic) and punitive categories. Actual damages are also known as compensatory damages, and these are what you’ll seek to recover from your injuries. Divided into economic and non-economic, you can demand a monetary award for medical expenses as well as any pain and suffering or loss of enjoyment that you must now endure. You can request punitive damages if you feel as though the at-fault driver’s actions were malicious, excessively dangerous, or willful intended to harm you. Maybe the driver is someone you know, and she wanted to hit you. Maybe the driver was in a rush and thought you were taking too long to cross.

Lastly, there’s a chance a judge might only award you nominal damages. These are damages you get when your injuries are minor. Certainly, if you’re struck by a motorist and taken to the hospital, your bills will be rather hefty. Yet, proving that the at-fault driver was negligent can sometimes be more complex than it seems. Witness statements may be sketchy, or—and this is particularly true in pedestrian-related accidents—the event happened so quickly that you aren’t certain of how the accident happened.

Fortunately, you can bring a negligence per se claim, too. A person is negligent per se when they violate a law that lawmakers drafted with the intent to prevent the very act that occurred or to promote public safety. If the at-fault driver was drunk, without question, he was negligent per se.

Sometimes, as previously mentioned, pedestrian-related accidents occur because the at-fault driver was intentionally tortious. These can occur in parking lots or be hit-and-runs. Regardless of where or what, what matters is that the driver purposely sought to cause you bodily harm.

Next Steps

The sooner you contact experienced pedestrian injury lawyers, the better. Good legal counsel will see to it that you don’t have to pay off your medical debts alone. We’ll gather evidence, subpoena witnesses, investigate the scene of the accident, and fight passionately on your behalf. Call a compassionate personal injury lawyer at Fulgham Hampton Personal Injury Attorneys today at (817) 697-4440 or contact us online for a free consultation.

Texas Premises Liability Lawyer

Most premises liability cases arise because a property owner was negligent. In Texas, a person is negligent when they owe you a duty, breach that duty, and that breach is the direct or contiguous cause of your injuries. If you’ve been injured while on someone’s property, you might think it’s simple to prove that the property owner was negligent. Your injury did occur on their premises, after all. But proving negligence can be quite complex, especially in premises liability cases.

You see, Texas has another law, called the modified comparative fault law. Under this law, a judge can reduce your recovery amount if you share any of the blame for your injuries. This law requires a judge or jury to compare negligence amongst the parties involved in the accident. Let’s say you chose to ignore a slippery when wet sign, and you slipped. Here, a judge or jury is likely to find you at least partially liable for your own injuries so that the owner wouldn’t have to pay the full amount of your expenses. Most of all, in this scenario, you might be barred from seeking compensation entirely because this law prohibits you from seeking compensation if you’re more than 50% liable for the accident.

Property Owner’s Duty

The modified comparative fault law isn’t your only hurdle. Another obstacle that stands in the way of a successful premises liability suit turns on what sort of classification you had when you were injured on someone else’s property.

Licensees

You are a licensee if the property owner permitted you to enter their premises, and the nature of your visit is for your own benefit. Social guests (for dinner or birthday parties) and salespeople are licensees. The only duty a property owes you, as a licensee, is to warn you of any potential hazards, such as a missing step in the stairs, a loose ceiling fan, or a hard-to-see puddle. If they failed to follow through with this duty, they are likely liable for any damages that you sustained.

Invitees

You are an invitee if you’re there for the mutual benefit of yourself and the owner. For example, if you’re in a store to buy a hammer, you benefit from getting an item you need, and the owner benefits from making money off the sale. Property owners owe invitees the utmost care for this reason. They must warn you about any dangers they know about or could’ve learned about if they had done a reasonable inspection of the property.

Exceptions

There are exceptions and defenses to these classifications and rules.

Trespassers—the only duty a property owner owes to a trespasser is to not willfully injure them.

Attractive Nuisance—If your child was injured on someone else’s property, you might be able to argue that a certain structure was an attractive nuisance. This is useful for children who are trespassers because Texas law may hold property owners liable if they knew or should have known a certain structure would attract children who are too young to appreciate the inherent risks of the structure. Judges have ruled that swimming pools, large pits, and cranes can be attractive nuisances in some cases.

Open and Obvious—A property owner can use this defense if faced with a premises liability lawsuit. This defense argues that the danger was so open and obvious that a warning or barricade wasn’t necessary. Rather, a reasonable person similarly situated to yourself should’ve recognized the hazard and avoided it, the argument goes. Your age, education, mental health, and other factors play a significant role in how a reasonable person similar to yourself should’ve reacted to an open and obvious hazard.

Misuse of Property—This is another defense a property owner can use if you’re injured on her premises. Usually, it is not her fault if you mishandled something, and that mishandling is what led to your injuries. Instead, your misuse of property might disqualify you from bringing suit. But that’s a discussion you should have with knowledgeable, Texas premises liability lawyers. Choosing not to file suit because you assume you’re mostly at fault isn’t a decision you should make without expert legal counsel.

Because this is rather complicated, it’s best that you consult experienced premises liability lawyers before moving forward. A personal injury lawyer at Fulgham Hampton Personal Injury Attorneys has handled countless premises liability cases, and we know what needs to be done to increase your chances of fair and complete recovery. Call us at (817) 697-4440 or contact us online for a free consultation.

Texas Drunk Driving Accident Lawyer

Have you been injured in a drunk driving accident? Did you incur damages because someone was driving while intoxicated and crashed into you? If so, then you know how expensive car repairs and medical bills are. When you sustain damages because of someone else’s negligence, you shouldn’t have to pay these bills. Continue reading below to learn more about Texas drunk driving laws and how our experienced drunk driving accident lawyers in Fort Worth and Tarrant County, Texas, at Fulgham Hampton Personal Injury Attorneys are here to help you.

Seeking Compensation

Regardless of whether the State brings criminal charges against the at-fault drunk driver, you should pursue compensatory damages. Drunk drivers need to be held responsible for their actions. They are fully aware of the dangers of driving while under the influence. Aside from this being a traffic violation and crime, drunk drivers often drive away unscathed and unharmed while you may suffer:

• Traumatic brain injury
• Spinal cord injury
• Dislocated limbs
• Fractured or sprained bones
• Pain and suffering
• Ambulance transportation bills
• Hospital bills
• Lost wages
• Physical therapy bills
• Loss of consortium, which is the enjoyment of your personal relationships

In some severe cases, permanent, long-term injuries that require a live-in caretaker might occur. You can potentially go into debt by attempting to pay all these expenses out of pocket. With so much at stake, don’t try to go at this alone.

Proving Fault

The first step in seeking recovery in a personal injury suit is verifying that the drunk driver was negligent. In Texas, a person is negligent when she owes you a duty; breaches that duty; that breach is the factual or proximate cause of your injuries; and you did, indeed, suffer damages. A person is the cause-in-fact of your injuries when her actions are clearly the cause of the accident, such as in not paying attention to the road while operating the vehicle. A person is the proximate cause of your injuries when she did not behave how a reasonable person in a similar situation would behave or when she should’ve reasonably known that her behavior could cause an accident.

You might think, “Well, this will be a simple case because driving while intoxicated is clearly negligent.” If that’s your thought process, you’re right. In fact, Fort Worth and Tarrant County also have a negligence per se statute. The at-fault driver is negligent per se when she causes an injury while violating the very law that’s designed to promote public safety. For example, if someone injures you while running a red light, that person is negligent per se. In this case, a drunk driver is negligent per se.

This law is particularly helpful to your case because Texas is a modified comparative fault state. This means that your recovery can be reduced based on your degree of fault. In other words, let’s suppose that your total damages are $100,000, and you’re found to be 15% liable for negligence. In this case, your total damages award is reduced by $15,000. What is more, if you’re more than 50% liable for negligence, you are barred from seeking compensatory damages. When a driver is negligent per se, however, your chances of getting fairly compensated and bringing a suit against the at-fault driver are greatly increased.

Gathering Evidence

The second critical step to your recovery is gathering evidence. Often, drunk drivers leave the scene of the accident. This makes it nearly impossible for officers to conduct a breathalyzer test. Sometimes, there are traffic cameras or eyewitnesses to the crash. Favorable witnesses don’t have to be at the scene. A favorable witness might be the person who provided the at-fault driver with the alcohol, such as a bar attendant or party host. Further evidence might include:

• The strong smell of alcohol in the car
• Red or glassy eyes
• Slurred, incoherent speech
• A criminal record of prior driving-while-intoxicated convictions

It’s also important to note that you might be able to sue the party host or bar where the driver became intoxicated in certain circumstances. A judge might even award you punitive damages if she finds that the drunk driver’s actions were malicious or displayed gross negligence. The better your investigation, the greater your chances of being made whole again. But these tasks are best left to a knowledgeable personal injury lawyer.

Don’t sleep on your rights. Call one of our expert drunk driving lawyers at Fulgham Hampton Personal Injury Attorneys for a free consultation today. You can call us at (817) 697-4440 or contact us online.

Bus Accidents

To guarantee the safety of passengers and protect other road users, a bus driver must be responsible for protecting their customers’ safety and upholding all traffic regulations. Unfortunately, in a bus accident, any party can be at fault even as drivers obey laws. Because of this, bus accidents in Texas are common, and attorneys at Fulgham Hampton Personal Injury Attorneys don’t take these accidents lightly.

Several lives are at risk in the case of a bus accident. Driver inattention is the most common cause of both vehicle and bus accidents. Every year, an easy-to-avoid source of collisions leads to hundreds of personal injury claims. However, bus drivers are legally obliged to conduct themselves in full accordance with state law. They need to be alert and attentive to prevent an accident. When they aren’t, the drivers owe those who suffer injuries.

Dog Bites

Animal attacks are not merely seen on TV. Some of these events occur in real life too, and they can result in serious personal injuries. Dog bites can cause permanent scars or disability for victims. Victims of animal bites need legal help to determine who is liable for their damages.

Placing blame after an attack isn’t as straightforward as you might think. Pets aren’t typically trained to act aggressively. However, owning a dog comes with responsibilities, like ensuring it remains on the owner’s property and doesn’t wander into other homes or yards.

If you or someone you love suffered an injury due to a pet’s behavior, despite how well-trained it was beforehand, they can owe compensation for the medical expenses and pain you endure.

Hit & Run Accidents

Fort Worth is a culturally diverse city, so that any driver can be involved in an accident. They range from inexperienced people behind the wheel to reckless people who prefer not to stick around after causing damage.

Not only will you have no support if someone leaves the scene of an accident, but your insurance rates might also rise because there isn’t enough proof that another driver caused the damages. Instead of putting yourself through more hassle than necessary, consult with Fulgham Hampton Personal Injury Attorneys right away.

Our firm can handle hit and run cases even when we aren’t sure what happened at the time of the accident or where and why someone left quickly afterward. We’ll establish facts and all evidence needed to prove your case against the other party.

According to the National Highway Traffic Safety Administration, hit-and-run accidents are on the rise. The problem worsens at night when streets are less crowded, but it’s still possible for these crashes to occur during daytime hours.

If a hit-and-run driver has injured you, call our firm immediately to find out how we can help. If you know any details about the accident or where the driver went afterward, let us know right away because every second counts in personal injury claims like these.

Slip & Fall Accidents

If you visit a location or property that wasn’t properly maintained or up to standards, and were injured due to those conditions, you may be able to file a case against the person who owns that site.

There are several reasons someone might suffer an injury due to slipping and falling on an individual’s land. For example, if they know about some faulty equipment such as pool drains but don’t fix them, this is grounds for legal action.

If you slip and fall and there were no emergency signs posted in the area, you may be able to file a claim against them for failing to adhere to specific health and safety regulations and reporting requirements.

Contact our Fort Worth premises liability lawyers today to learn more about what you need to do after an injury from slipping and falling on someone else’s property.

You Are Entitled to All Financial Reimbursement for Your Injuries

Clients need the most affordable financial aid to pay for medical costs and support their family members following a severe accident. Unfortunately, insurance companies try to reach settlements as cheaply as possible—often attempting to deny total compensation. At Fulgham Hampton Personal Injury Attorneys we will fight to get you the compensation you deserve.

Injured?  Insurance claim denied?  A Fort Worth Personal Injury Lawyer at Fulgham Hampton Personal Injury Attorneys Can Help

Maybe you have been hurt in a car accident and have unpaid bills and medical expenses.  Maybe a distracted driver plows into you while texting on his smartphone. Or your insurance company refuses a claim that you know is valid.

What do these things have in common? They all cause you harm. They are all attacks against the well-being of you and your loved ones.

To protect you and your family’s interests in these situations, skilled attorneys are crucial. That is where we come in. At Fulgham Hampton Personal Injury Attorneys, our attorneys have helped countless Texans successfully handle a wide range of legal disputes related to personal injuries, and insurance claims.

Do not let someone take advantage of your reluctance to take action to protect your best interest. And do not allow yourself to pay for their wrongdoing. Our personal injury lawyer will work hard to ensure that your rights are protected and that you have the best possible chance at receiving a positive outcome.

People in Tarrant County Turn to Fulgham Hampton Personal Injury Attorneys to Protect Their Interests

Experience.

With more than 40 years of experience between them, the attorneys at Fulgham Hampton Personal Injury Attorneys have an in-depth understanding of the laws of Texas and how to use the nuances of those laws to your advantage. Not only are they skilled negotiators who know how to press hard to get you the best possible deal without going to trial, they also understand how to handle themselves in a courtroom.

Awards and Recognition.

Our lawyers are well-respected, not just in their specific areas of law, but throughout the legal community. They have received awards and recognition, many for multiple years running.

Experience.

In the end, it does not matter how many awards your personal injury lawyer receives. While those accolades are nice, ultimately it is the results that matter.

The lawyers at Fulgham Hampton Personal Injury Attorneys have negotiated many successful settlements for clients.  Further, they have won numerous jury and nonjury trials. Simply put, our goal is to protect your interests. Whether that means fighting to get you the compensation you deserve after an injury, or protecting your business and assets when others seek to harm you, we will aggressively protect your interests.

Whatever your specific situation, you can rest assured that we have successfully handled something like it before. If you hire us, we will fight tirelessly to get you what you deserve.