Paid drivers have changed the face of the transportation industry in the last couple of years. However, this new development doesn’t change the fact that drivers make mistakes, and some of these mistakes result in car accidents. Therefore, passengers should understand how auto accident liability works with paid drivers. Paid Drivers & Liability Paid drivers have a “duty of care” to passengers, which means they have a legal obligation to care for the health of the people they drive. This duty of care is similar to the responsibility teachers have for students and therapists have for clients. Therefore, it is a driver’s responsibility to keep passengers safe while they are using his or her services. Unfortunately, not every driver takes duty of care seriously, as some are willing to risk the health of their passengers to make a quick buck. If a driver breaches his or her duty of care, and their negligence results in passenger injury, passengers have the right to pursue just compensation for their wounds. However, it’s never a good idea to seek compensation without the assistance of an experienced personal injury attorney. Injured By a Driver’s Negligence? If you or a loved one is injured by a driver’s negligence, you can pursue a personal injury claim against them. A personal injury claim can recover damages for: Cost of medical bills; Compensation for lost work; and Emotional distress. The Law Offices of Ruben Ortiz can help you make your case. Our firm is proud to have represented tens of thousands of clients who needed a voice for their claims. Are you ready to pursue a claim? Call (915) 308-8850 now for a free consultation for your case.
Can I Sue My Child’s Bus Driver?
You put the safety of your kids in the hands of a bus driver every school day, but what happens when that driver acts negligently and injures your child? The Law Offices of Reuben Ortiz is here to explain if you can pursue recovery amounts on behalf of your child due to a bus driver’s negligence. Explaining Duty of Care Duty of care is a legal term that defines the responsibilities of a worker who is in control of the wellbeing of others. Law.com defines duty of care as “a requirement that a person act toward others and the public with the caution and prudence that a reasonable person in the same circumstances would use.” Many job positions have a duty of care to others. For example, jailers have a duty of care to inmates, teachers have a duty of care to students, and bus drivers have a duty of care to passengers. Therefore, if a bus driver acts negligently and breaks his or her duty of care, parents of children who are injured have the right to pursue personal injury claims. Has Your Child Been the Victim of Negligence? If a bus driver broke his or her duty of care and caused an accident as a result, you have the right to pursue just compensation on behalf of your child’s injuries. A personal injury lawsuit can recover the following damages: Medical bills; Emotional damages; Lost wages (in grave injury situations). Attorney Reuben Ortiz is ready to fight for you and your child’s rights. Our award-winning representation gets results for our clients! Call (915) 308-8850 now for a free consultation for your case.
Contingency Fees Help You Seek Justice
The old saying goes, “it takes money to make money.” While this is generally true in most circumstances, this saying falls flat in regards to the Law Offices of Ruben Ortiz. Our personal injury representation works on a contingency fee basis, which means money won’t stop you from seeking justice. What Is a Contingency Fee? To understand the phrase “contingency fee,” you need to understand the definition of contingent. Contingent means an event or circumstance that can occur or exist only if a condition takes place. In other words, contingent means dependent on. Contingent events are like the second or third domino in a line of dominos: the second domino falling is contingent on the first domino falling. Therefore, a contingency fee is a payment that only needs to be paid when certain circumstances are fulfilled. In personal injury cases, contingency fees mean costs that don’t need to be paid unless the attorney wins your case! How Contingency Fees Help You When making personal injury claims, there are no guarantees you’ll win a lawsuit or settle with the other party. This fact means pursuing a claim can be costly if you lose. However, when working with attorney Ruben Ortiz, you won’t pay a dime unless he wins or settles your case for you. That’s because the Law Offices of Ruben Ortiz works on a contingency fee basis for personal injury claims. Therefore, you won’t pay the firm unless you are paid for your claim! Do you want award-winning representation that works on a contingency fee basis? Call (915) 308-8850 now for a free consultation for your case.
What Can You Recover in a Personal Injury Lawsuit?
Unfortunately, many people assume that personal injury lawsuits stem from greed, but that’s not true. Today, the Law Offices of Ruben Ortiz will discuss what injured peopled can recover in personal injury lawsuits. Recovery & Personal Injury Claims Let’s imagine that someone is injured in a severe car accident caused by another driver and that the driver’s insurance company is low-balling the injured party. At this point, the driver’s only recourse is to pursue a personal injury lawsuit. What could the driver recover if the suit is successful? Potential Recoveries in Personal Injury Claims Medical Bills If the injured party receives medical attention, a personal injury award could include the cost of medical care associated with the accident. This recovery may include reimbursement for treatments already received and compensation for future medical care. Loss of Income If the person’s injuries impact his salary, then recovery amounts may include compensation for lost wages. Wage compensation can come in two forms: reimbursements from wages that have already been lost, and payments for wages that will be lost in the future. Damaged Property If personal property is damaged in an accident, a personal injury lawsuit may recover reimbursements for repairs or compensation for broken property. Pain & Suffering It’s not fair that someone should deal with pain and suffering that was caused by someone else’s negligence. To right this wrong, an injured person can recover compensation for experienced pain and suffering as a direct result of the accident. Need Help Recovering from an Accident? You shouldn’t have to pay for medical treatments, lost wages, and damaged property that you didn’t cause. If you or a loved one were injured by someone else’s negligence, you have the right to pursue a personal injury claim against them. Call (915) 308-8850 now for a free consultation concerning your personal injury case.
Can I Sue an Uber or Lyft Driver?
Rideshare services like Uber and Lyft changed the way Americans get from point A to point B. While a typical interaction between a rideshare driver and a passenger is nothing short of professional, accidents happen. Therefore, passengers should know if they can sue their rideshare driver for damages. Can I Sue My Driver? In short, the answer is yes. If a rideshare driver causes a car accident that results in personal injuries, you can sue the driver to recover damages. When you sue a rideshare driver, you are suing two different entities. First, you are suing the driver, as he is personally responsible for the accident. In addition to the driver, you are also suing the rideshare company the driver represents. As the driver is an employee of the rideshare company, it only makes sense that you can hold them accountable for the injuries you’ve received. What if My Driver Wasn’t at Fault? If you sue your rideshare driver, and the court doesn’t find them at fault for the accident, you may pursue recovery from the liable party. For example, if another driver hits your driver’s car, the injuries you sustain will be attributed to the other driver. Need Representation for Your Case? If you or a loved one is injured in a rideshare accident, you have the right to pursue just compensation for your wounds. Attorney Ruben Ortiz has decades of experience handling personal injury claims, and works on a contingency-fee basis, which means you don’t pay unless he wins! Ready for representation? Call (915) 308-8850 now for a free consultation for your case.
Can Passengers Sue Drivers for Injuries?
When we think of car accident personal injury claims, we typically picture a driver suing another driver for causing an accident that injured the claimant. However, can passengers sue drivers for injuries they sustain in car crashes? Attorney Ruben Ortiz is here with the answer! Are Passengers Allowed to Sue in Texas? In short, the answer is yes! Texas passengers can sue for personal injuries caused by negligent drivers. In fact, passengers who sustain injuries in car accidents typically have the highest chance of recovering of all parties involved in accidents thanks to Texas’ modified comparative negligence rule. Liability in Texas follows a modified comparative negligence rule, which means courts may find multiple parties partially responsible for causing auto accidents. Therefore, courts can find many reasons to decrease a driver’s potential recovery amount for things like speeding or eating while driving. However, courts rarely find passengers partially responsible for accidents, which means they typically give passengers 100% of the recovery amounts they deserve. Who Can Passengers Sue? Passengers benefit from Texas’ modified comparative negligence rule, but they also benefit from being able to sue multiple parties. Typically, a driver in an accident can only sue another driver for damages, but passengers have more options than drivers. Passengers can sue the following parties given the circumstances of their accidents: drivers of other vehicles who caused a crash; drivers of their vehicles if they caused a crash; drivers of their vehicles and other vehicles if they share fault in a crash. Therefore, passengers can receive their recovery amounts from whoever caused the accident (even if two parties are to blame)! Talk to a Personal Injury Attorney Today If you or a loved one was a passenger in a Texas car accident and you sustained injuries, you may be eligible to receive just compensation. Attorney Ruben Ortiz is an El Paso-based car accident attorney who’s helped hundreds of clients receive the settlements they deserve. If you’re ready to seek compensation for your injuries, our office is here to help! Call (915) 308-8850 now for a free consultation for your case!
Distracted Driving Is a Serious Problem in Texas
Since the car’s inception, auto accidents have plagued America and her citizens. There are several reasons why auto accidents occur, but many people see drunk driving as the leading cause of car crashes. However, after reading this blog post, you’ll see that distracted driving is the real epidemic that’s killing thousands of Americans every year. Distracted Driving & Personal Beliefs Although distracted driving is undoubtedly dangerous, many people still choose to drive while distracted. In 2012, the National High Traffic Safety Administration (NHTSA) reported on distracted driving and discovered several noteworthy statistics. In this study, researches asked drivers if they felt that distracted driving (specifically, driving while using a cellphone) was dangerous. The study showed that 50% of the participants believed that talking on the phone while driving impacted their ability to drive. However, the other 50% felt that talking on the phone while driving had no impact on their ability to drive. Unfortunately, it’s a scientific fact that talking on the phone impacts peoples’ driving capabilities, but based on this study, 50% of drivers believe they are impervious to the negative impacts of talking on the phone while driving. However, the study also revealed a disconnect between some drivers’ personal beliefs and their own actions. The study showed that 60% of the participants admitted to answering the phone while driving. As stated earlier, 50% of the participants said that answering the phone while driving impacted their ability to drive. Taken together, these two statistics show that at least 10% of the study’s participants admitted that talking on the phone while driving impacted their driving capabilities, but they chose to talk on the phone anyway. However, the discrepancy increases when we look at younger drivers who text. In this same study, 20% of drivers between the ages of 18 and 20 said that texting while driving made no impact on their performance. However, the study also revealed that 44% of these same participants texted while driving. Therefore, there is a 24% discrepancy between teens who believe that texting while driving is dangerous, but who choose to text anyway. Based on this study, we can determine that while some people believe that texting and talking on the phone impacts their driving capabilities, most people still choose to talk or text anyway. Therefore, there is a big discrepancy between what people think, and what people do. The Problem at Large The NHTSA released another study examining the effects of distracted driving in fatal accidents. In this study, the researchers examined national statistics from 2017, and this is what they found: Nine percent of fatal crashes in 2017 were reported as distraction-affected crashes (this suggests that the actual percentage is higher than stated.) 3,166 people were killed in motor vehicle crashes involving distracted driving in 2017. Drivers aged 15-19 years old had the largest proportion of drivers who were distracted at the time of the fatal crashes. 599 nonoccupants (pedestrians, bicyclists, and others) were killed in distraction-affect crashes in 2017. While the number of reported distraction-affected fatal crashes has decreased since 2015, it’s still too high, and Texas residents are paying for it. Texas Distracted Driving Accidents in 2017 The Insurance Institute for Highway Safety (IIHS) website shows that in 2017, 3,722 people were killed in car accidents in Texas. If we apply the statistical evidence from the NHTSA study mentioned above that nine percent of all fatal accidents involve distracted driving, we can deduce that an estimated 335 Texans were killed by distracted driving in 2017. However, as previously stated, the actual percentage of distraction-affected fatal crashes is higher than reports suggest, which means the number of Texans who were killed as a result of distracted driving is undoubtedly more than the estimate. A study released by the NHTSA and the Virginia Tech Transportation Institute (VTTI) found that 80 percent of automobile accidents involved some form of driver distraction within three seconds of the crash. If we apply this statistic to the total number of Texas car crashes in 2017 (more than 500,000 crashes), we can estimate that distracted driving was a part of 400,000 accidents in Texas in 2017. Were You Injured in an Accident? Distracted driving isn’t a criminal offense necessarily. However, someone’s lawful behavior may be considered negligent in a personal injury claim. For example, using a hands-free device while driving is legal, but could impact the user’s determined liability in a personal injury case. Therefore, distracted driving can significantly impact personal injury settlements! If you or a loved one is injured in a Texas car accident, it’s essential to talk to an experienced personal injury attorney as soon as you can. Attorney Ruben Ortiz can look through your situation to determine if you have a legitimate case! Call (915) 308-8850 now to reach the Law Offices of Ruben Ortiz. We offer free consultations for all personal injury claims, and our contingency fees start as low as 25%!
Drunk Driving Accidents and Personal Injury Claims
Accidents involving drunk drivers are a very serious issue in Texas, as nearly 1,500 drunk driving fatalities were recorded in the state in 2015. Texas’ massive highway system means there is always activity on the roads, and the potential for accidents drastically increases when impaired drivers are added to the mix. Accident Fault Accident injury claims in Texas revolve around proving liability. Although the state uses comparative negligence in adjudicating drunk driving accidents, drunk drivers in multi-car accidents are typically found at fault. The level of negligence assigned to a drunk driver will directly impact the injured claimant’s eligibility to receive damages. An injured driver who has a comparative negligence rating of 51% or greater is denied any recovery amount for the claim, but passengers in all vehicles and the driver found less than 50% at fault for the accident could recover damages. Potential Damages Someone can pursue a variety of damages after a Texas auto accident. After an accident, some of the possible recovery damages include: medical bills; lost wages (when conditions apply); general damages for pain-and-suffering; medical assistance after an accident (therapy and checkups). For those who are seriously injured by a drunk driver, this could amount to a claim for long-term damages that lasts a lifetime. Additionally, cases involving fatalities could result in a family pursuing a wrongful death claim against a defendant convicted for drinking and driving. Surprisingly, restaurants and bars that knowingly overserve drunk drivers could be liable for extended damages under dram shop laws. Therefore, recovery amounts could come from bars or restaurants as well as drivers. Injured in a Drunk Driving Accident? Get the Right Representation Were you injured in an accident caused by a drunk driver? Our El Paso personal injury attorneys are here to help you navigate the legal and insurance processes. If you’re seeking compensation for injuries sustained in a drunk driving accident, contact the Law Offices of Ruben Ortiz at (915) 308-8850 for a free consultation.
Hands-Free Devices Affect Auto Accident Liability
Distracted driving is a problem throughout the country. Many states have made it illegal to use a hand-held cell phone or other devices while operating a vehicle. A person can receive fines if they violate this law, but they may also be subject to a lawsuit if they cause a car accident. Driving While Using Hand-Held Devices Can Result in Accidents When a person causes a car accident as a result of distraction (for example, due to using a hand-held device like a cell phone), the other party can sue them for liability. Essentially, the plaintiff is required to prove that the other driver caused the accident due to negligence or careless driving. It’s important to understand the definition of careless driving as a result of using a hand-held device. The following are examples: Operating a vehicle with only one hand touching the steering wheel Removing one’s eyes off the road to use a cell phone to make or answer a call, make or read a text message, or even simply reaching for the device Failing to properly maintain attention on the road and other potential dangers due to distraction through cell phone usage, including those from a passenger’s phone Being distracted by a phone conversation, especially one that is highly emotional in nature, and subsequently driving recklessly (even if the driver is using the phone hands-free) Texting While Driving and the Law In Texas, no texting while driving did not become a statewide law until 2017. Specifically, the act of composing texts, reading text messages, and sending other messages from a cell phone while behind the wheel is prohibited. Individuals who violate this law can receive a $99 fine for their first offense and fines of $200 for additional offenses. Other Hand-Held Devices and Distracted Driving In spite of the high rate of accidents due to distracted driving, talking on a cell phone and using a GPS device is legal while behind the wheel. These actions, as well as eating and drinking and other habits, can result in one’s attention being shifted off the road and increase the risk of an accident. If you were injured in a car accident with a distracted driver who was using a hand-held device, you need to get in touch with a personal injury attorney. The driver is liable for compensating you for your medical expenses, lost wages and other damages due to their negligence. Call (915) 308-8850 now for a free consultation for your case!
Why Should You Talk to an Attorney After an Auto Accident?
Many people follow an emergency plan after getting in a car accident: call the police, exchange information, and go to the hospital for a routine checkup. Unfortunately, some people leave out an important step, talk to an El Paso personal injury attorney. Help Pay Medical Bills Unfortunately, many people think their car insurance covers everything after an accident, but that only depends on the coverage they have and the injuries they’ve sustained. Auto accidents can cost you tens of thousands of dollars if you’re seriously injured and don’t have the right insurance. However, with a personal injury attorney on your side, you could potentially recover money for expensive hospital bills and physical therapy sessions. Hold the Responsible Party Accountable It’s not right that someone’s negligence resulting in an auto accident can cost other drivers time, health, and money; but a personal injury attorney can hold the negligent party accountable for their actions. When the person who caused the crash is held accountable in court, the injured parties receive just compensation for their suffering and pain. Free Consultations & Contingency Fees The old saying goes that it “takes money to make money,” but we don’t believe this to be true. Our firm offers free consultations for all personal injury cases, which means you get information about your potential case at no cost to you! Additionally, our firm works on a contingency fee basis for all personal injury cases, which means you don’t pay unless we win! Ready to talk to an attorney? Call (915) 308-8850 now for a free consultation!