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Pedestrian Right of Way

By Feb 19, 2018 Posted in Personal Injury

The Woodlands has more than 160 miles of pathways designed for residents to walk or run.  Many of pathways cross lanes of traffic, and unfortunately, pedestrians are sometimes struck by a vehicle while using the crosswalks.  We are often asked who has the right of way on crosswalks in the Woodlands.  Texas law requires vehicles to yield right of way to pedestrians in the following situations: When a pedestrian is crossing at a crosswalk facing a “walk” signal; If there is no traffic control signal and the pedestrian is already crossing in the vehicle’s half of the roadway or close to a vehicle’s half of the roadway; When the vehicle is entering or emerging from an alley, building, private road, or driveway and the pedestrian is crossing entrance on sidewalk; A pedestrian who has legally entered a crosswalk does have the right of way as to oncoming vehicles. This applies to a marked or an unmarked crosswalk; A pedestrian has the right of way to cross the road, when it is safe to do so, at any part (i.e., at the middle portion of the street) of a roadway that is not controlled by a traffic light. [ 552.005 (b), Texas Transportation Code] However, even if a pedestrian is technically in violation of the right of way rules, a driver who hits a pedestrian may still be liable; drivers are required to keep a proper lookout, and must safely control the speed of their vehicles, and must timely apply their […]

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Personal Injury Protection Coverage and How It Works

By Oct 18, 2017 Posted in Personal Injury

How do I get Personal Injury Protection coverage? In Texas you have the option to purchase Personal Injury Protection coverage (known as “PIP”) with your automobile insurance coverage. In fact, your auto insurer must offer you the PIP coverage. If you decline the coverage, you must sign a statement refusing the coverage. How much coverage is available under Personal Injury Protection coverage? Personal injury protection usually provides $2,500 to cover your out of pocket medical costs and lost wages due injuries you sustained in an automobile collision, whether you are at fault or another driver is at fault. Some companies offer personal injury protection coverage of $5,000 or even $10,000.00. How much does Personal Injury Protection coverage cost? Personal Injury Protection coverage is affordable. $2,500 in coverage usually costs no more than $50 per year. What is covered under Personal Injury Protection coverage? Medical bills and lost wages are covered under Personal Injury Protection coverage. How do I get reimbursed under Personal Injury Protection coverage? If you are injured in an automobile accident, you can call your agent or insurance company to open a PIP claim. You will be assigned a PIP adjuster to handle your claim. You will need to provide the adjuster with copies of your medical bills and, if applicable, proof of your lost wages. How long does it take for the insurance company to pay my Personal Injury Protection claim? Your PIP adjuster will be able to tell you when to expect your check for reimbursement, […]

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What caused my house to flood?

By Aug 31, 2017 Posted in Blog

One obvious answer is Harvey. However, the process of developing a subdivision is a process that must safeguard against extreme weather events. The area around your home and subdivision must be taken into account in designing a residential development.  And each neighborhood must be designed to drain properly under heavy rains. The developer’s duty of prudent development includes thorough study and analysis, and taking design and engineering steps to ensure proper drainage, to protect the area against high water events. There are many reasons a home floods other than “it just rained too much.”  Wham & Rogers, PLLC is beginning the process of examining these reasons to determine if more should have been done in the development and construction in The Woodlands and surrounding areas. If you have any concerns about your home and subdivision, please call for a free consultation.

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Why You Need Underinsured Motorist Coverage in Texas

By Jun 26, 2017 Posted in Blog

Board Certified Personal Injury Lawyer Mark Wham talks about why underinsured motorist protection is so important in the State of Texas.. Wham and Rogers, PLLC – Texas Injury Attorneys (832) 592-1108. Underinsured motorist coverage is possibly the most important car insurance you can buy in Texas. Under Texas law, the minimum allowable liability auto insurance coverage is only $30,000. You can imagine that auto accident victims routinely incur more than $30,000 in losses, damages, and medical expenses. Therefore, if you are seriously injured in an auto accident., then underinsured motorist coverage will provide additional coverage to compensate you for your losses and injuries. Injury Lawyer (832) 592-1108 Call our office for a free consultation. We have offices in The Woodlands, Tx and help clients in Montgomery County, Harris County, and the Greater Houston area. From Our Blog When are punitive damages available in Texas? Questions to ask your personal injury lawyer. What to do after a car accident that is not your fault.

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When Are Punitive Damages Available?

By Jun 26, 2017 Posted in Blog

What are punitive damages and what purpose do they serve? When are they available in a personal injury case? Mark Wham address the issue of punitive damages in Texas in the video below. Wham and Rogers, PLLC – The Woodlands, Tx Board Certified Injury Lawyers (832) 592-1108. Punitive damages are sometimes awarded to discourage reckless behavior. For example, any person who makes a reckless decision to drive while intoxicated, or to drive several miles per hour over the speed limit is putting us all in danger. When one reckless individual or entity is forced to pay punitive damages, then we are all safer because a message has been sent. Punitive damages tell the community at large that certain conduct will not be tolerated. A large monetary fine or penalty will force others to think about other ways to conduct business without engaging in that kind of behavior. Free Consultation (832) 592-1108 If you have been injured in an accident and would like to speak to an attorney, then give us a call at (832) 592-1108. We help auto accident victims, 18-wheeler accident victims, clients who have been victims of a wrongful death action, and all serious injury victims. Our Recent Articles Colossus Software & Injury Claims Texas Good Samaritan Law Houston Daycare Accident Lawyer

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Personal Injury Protection Coverage in Texas

By Jun 24, 2017 Posted in Blog

How does PIP coverage in Texas compare to MedPay Coverage? Which is better? The Woodlands, Tx Board Certified personal injury lawyer Mark Wham explains. Wham and Rogers, PLLC – (832) 592-1108.   Personal Injury Protection (PIP) and MedPay are two important types of auto insurance coverage. What Does PIP Cover? PIP covers the driver and all passengers in your car regardless of who is at fault in causing a collision. PIP generally covers reasonable and necessary medical bills. It also covers 80% of lost wages up to the limits of your specific PIP coverage. PIP payments are not subject to subrogation, which means that you can recover your PIP expenses (from the insurance company) and then recover those same expenses from the Defendant driver, without needing to reimburse your insurance carrier. What Does MedPay Cover? Medical Payments Coverage (MedPay) will cover your reasonable medical expenses up to your MedPay limits. However, MedPay does not provide any coverage for lost wages. Unlike PIP coverage, MedPay is subject to subrogation. In other words, if you receive MedPay insurance payments for your medical expenses, then you will have to reimburse your insurance company if those same medical expenses are awarded in your lawsuit settlement. This is why many attorneys will tell you that PIP coverage is actually more beneficial than MedPay coverage. Have You Been Injured? The Board Certified Personal Injury Lawyers at Wham & Rogers, PLLC are here to help. Call our office for a free consultation at (832) 592-1108. Articles from Wham & Rogers Texas Good […]

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Colossus Software and Personal Injury Claim Evaluations

By Jun 23, 2017 Posted in Blog

Colossus is a controversial software that some insurance companies are using to evaluate personal injury claims. Wham and Rogers, PLLC – Board Certified Trial Lawyers (832) 592-1108. What Is Colossus? Colossus is a software program used by insurance companies to evaluate personal injury claims. About half of the major insurance companies use this type of software when adjusting injury claims. Since programs like Colossus have been put in use, insurance companies have consistently valued injury claims in smaller and smaller amounts. The insurance companies contend that Colossus makes claims adjusting more efficient by providing a set payment range for each type of injury. However, no two injuries are identical. Every injured person will face different circumstances and each injury will have varied effects on the lives of certain individuals. This is why an experienced lawyer can make a huge difference in the outcome of your claim. The personal injury lawyers at Wham & Rogers know that injuries can’t be quantified by some software, and we will fight to make sure that you are compensated fairly for all of your injuries. Call (832) 592-1108 Call our office for a free consultation. We would be glad to help. Wham & Rogers, PLLC is located in The Woodlands, Tx. We serve The Greater Houston Area including Harris and Montgomery Counties. You may also be interested in The Woodlands Car Accident Lawyer Truck Accident Lawyer in The Woodlands The Woodlands, Tx Wrongful Death Attorneys

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The Texas Good Samaritan Law Explained

By Jun 22, 2017 Posted in Blog

Question: If you injure someone while rendering emergency aid to them; are you legally liable for that injury? This is the question answered by the Texas Good Samaritan Law. One question that comes up is what happens if I break someone’s ribs while rendering CPR? Am I liable for those broken ribs? Mark Wham addresses this in the video and article below. Wham and Rogers, PLLC – Board Certified Personal Injury Lawyers in The Woodlands, Tx (832) 592-1108. Am I Liable? If you witness an injury accident, can you render aid without the risk of being sued? If you perform CPR and you accidentally break the injured person’s ribs during the process, are you legally responsible for that injury? The Texas Good Samaritan Law protects citizens who render aid to another person during an emergency. CIVIL PRACTICE AND REMEDIES CODE, TITLE 4., CHAPTER 74. MEDICAL LIABILITY, SUBCHAPTER D –http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.74.htm Sec. 74.151. LIABILITY FOR EMERGENCY CARE. (a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who: (1) administers emergency care using an automated external defibrillator; or (2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code. What Does the Good Samaritan Law Promote? This law promotes the Texas public policy of encouraging Texans to help our fellow citizens when they are in need of emergency care. Free Consultation (832) 592-1108 […]

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Questions To Ask Your Personal Injury Lawyer

By Jun 21, 2017 Posted in Blog

Have you been a victim of a wrongful death case, hurt in a job-site accident, 18-wheeler accident, or some kind of personal injury that was not your fault? The Board Certified Personal Injury Lawyers at Wham & Rogers, PLLC can help (832) 592-1108. Trial Lawyers in The Woodlands, Tx. Free Consultation (832) 592-1108 If you have been seriously injured and you’d like to hire a personal injury lawyer, there are a few questions that you should ask. Who will actually be handling your claim? Many times clients hire an experienced attorney at a large firm and then find out that a less experienced attorney in the firm will actually be handling their case. Is your attorney board certified? Did you know that fewer than 3% of Texas lawyers are Board Certified in Personal Injury Trial Law? Mark Wham is a Board Certified Personal Injury Trial Lawyer and Rene Rogers has been rated AV-Preeminent for more than 20 years. It is a fact that Board Certification in Texas requires years of specialized experience, success in the court room, and passing a rigorous test that is not taken by most other lawyers. Board Certified lawyers must also be endorsed by certain judges and other trial attorneys. How much experience does your lawyer have? You should find out how much experience your lawyer has handling cases like yours. The combination of years of experience and a strong track record of success can give you comfort that you have made the right choice. Practice Areas At Wham & Rogers, PLLC, […]

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Dealing With Insurance Claims Adjusters – Avoid these mistakes

By Jun 21, 2017 Posted in Blog

After a catastrophic accident or injury, you may find yourself talking to an insurance claims adjuster. Here are a few tips to remember when dealing with insurance adjusters. Wham and Rogers, PLLC – Accident / Injury Law Firm (832) 592-1108. Insurance Adjusters – Not on your side… You should remember that the insurance adjuster is not actually in your corner during this period. This scenario is common in car accident cases where you are not at fault. Sometimes an adjuster will inform you that the insurance company is “accepting responsibility” for the accident or injury. However, that does not mean that they will pay you the fair amount for your claim. The insurance adjuster gets paid to resolve claims for as little money as possible. They work for the insurance company, not for you. Don’t Lose Your Temper Talking to insurance claims adjusters can be very frustrating. Remember that getting angry or making threats towards the adjuster is not advised. This may actually be counterproductive to your case. Provide Detailed Info On Your Claim You should provide prompt, detailed information regarding your claim. Information about your injuries, medical records, and medical bills are essential in documenting the value of your claim. Do Not Rely on Verbal Representations Do not rely on the insurance claim adjuster’s verbal representations. Some insurance adjusters may be trained to string claims along until the legal statute of limitations has expired, thereby preventing any recovery. Once this happens, the insurance company will not pay anything on your claim. Contact An Attorney […]

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1790 Hughes Landing Blvd., 400
The Woodlands, TX 77380
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Phone: (832) 592-1108

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