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THE TEXAS GOOD SAMARITAN LAW EXPLAINED

Jun 22, 2017
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The Texas Good Samaritan Law Explained


Question: If you injure someone while rendering emergency aid to them; are you legally liable for that injury?


This is a common question that our attorneys receive. The question is best answered by the Texas Good Samaritan Law. Unfortunately, many people are not aware of what this law really means, or how it applies.


In the video below, attorney Mark Wham addresses situations where the Good Samaritan Law may apply. You can also read more below, or call us at (832) 592-1108 if you have any questions.


Understanding Liability


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


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 willfully 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 with a Personal Injury Expert


Wham & Rogers, PLLC is a law firm located in The Woodlands, Texas. Our attorneys focus on personal injury law and help clients who have been victims of wrongful death actions, 18-wheeler accidentsauto accidents, and other catastrophic injuries.


If you need an attorney, give us a call for a free consultation. Wham and Rogers, PLLC – Board Certified Personal Injury Lawyers in The Woodlands and Spring, Tx (832) 592-1108.



By Rene Rogers 17 Apr, 2024
What are the Most Dangerous Vehicles on Our Roads? 18 -wheelers are the deadliest vehicles on our highways. Each year, 600 Texans are killed, and 10,000 more are injured in trucking collisions. It’s obvious why 18-wheelers are so dangerous. They weigh twenty to thirty times more than passenger cars, have a much higher ground clearance, and require twenty to forty percent further to stop. Do Truck Drivers Have to Comply with Higher Safety Standards? Because of these dangers, the Motor Carrier Safety Regulations require higher standards for commercial drivers; driving a Commercial Motor Vehicle requires a higher level of knowledge, skill, and physical abilities than is required of other drivers. Truck drivers must know the safety rules and follow them. Trucking companies must have safety policies and implement safety training programs. Truckers must conduct pre-trip and post-trip inspections of their trucks. Why is Quick Action Essential After a Trucking Collision? If you or a loved one is injured or killed in a trucking collision, quick action is required. The trucking companies have legal teams ready to act when a crash occurs. They send experts to the crash site, to photograph and measure the roadway, and to interview witnesses in order to try to minimize their liability. You need someone acting on your behalf to gather evidence and to ensure evidence is not destroyed. What Must be Done to Preserve Evidence Following a Collision With a Big Rig? Preservation of evidence letters should be sent to the trucking company and its insurers. Experts should be retained to perform computerized mapping of the crash site, and to download the 18 wheeler's electronic control module. A qualified trucking liability expert should be retained to address the federal safety regulation violations that are critical to handling truck crash claims. When we investigate trucking collisions, we often find that trucking companies fail to implement and follow adequate safety procedures, including failing to conduct the proper pre- and post-trip inspections. These failures to follow safety procedures often lead to otherwise avoidable collisions. Which Law Firm Should I Hire After an 18-Wheeler Collision? The attorneys at Wham & Rogers have the expertise and resources to handle trucking cases. We can get experts to the scene and have them gather data and download the electronic control module of the 18-wheeler before vital evidence is lost or destroyed. If you or a loved one has been in a collision with an 18-wheeler, the lawyers at Wham & Rogers can help you. Call 832-592-1108 or text 832-413-1428 for a free consultation.
Wham & Rogers, Texas Attorneys
By Mark Wham 09 Apr, 2024
1. Do I really need a personal injury lawyer? Yes, if you have a significant injury, choosing the right lawyer to handle your injury claim matters. Now more than ever, having the right lawyer can make a tremendous difference for the success of your claim. Insurance companies use sophisticated negotiation tactics to help them minimize your claim, or even avoid paying altogether. And make no mistake—the claims adjuster is not on your side. The adjuster, in a very real sense, is your opponent, and is specifically trained to make sure you don’t receive the maximum recovery you’re entitled to. 2. Does it really make a difference which lawyer I hire? Absolutely. The stronger your lawyer, the stronger your claim. Insurance companies keep track of which lawye rs have the experience, the resources, and the willingness to fight for their clients. They know which law firms are high-volume firms looking for a quick, easy settlement, and which lawyers are willing to do the hard work of fighting to get full justice. We have had clients contact us because a high-volume firm dropped their case after the insurance company “denied liability” and refused to pay quickly. 3. How do I find the best personal injury attorney? First, look at the lawyer’s qualifications and credentials. For example, the State Bar of Texas has a Board of Legal Specialization that certifies lawyers who are experts at handling personal injury claims. Fewer than 3% of Texas lawyers are Board Certified in Personal Injury Trial Law. You should also check the lawyer’s ethics. One of the best sources is Martindale-Hubbel’s attorney ratings. The highest rating is AV-Preeminent—which means the lawyer is considered ethical by his peers and has demonstrated the highest level of competence. Next, consider the size of the firm. If you are represented by a large law firm, chances are you will not be represented by the best, most experienced lawyer at that firm, and your case will instead be “handed down” to an associate for handling. Hiring a “boutique” litigation firm, with fewer lawyers handling fewer cases, will mean that the firm’s top lawyers are directly involved in the handling of your claim. Beware of firms that advertise “billions of dollars in past recoveries.” Quite often, those recoveries include class action case results, involving thousands of clients, with each client receiving a relatively small recovery. Look instead for a lawyer who has a record of achieving substantial recoveries for individual clients. Find a lawyer who has “been there, done that.” Specific experience is important, so look for a lawyer who has widespread experience handling serious injury claims, including wrongful death claims, truck crash cases, and complex cases involving complicated injuries such as paralysis and traumatic brain injury. Wham & Rogers attorneys have over 70 years combined experience in personal injury law. Mark Wham is Board Certified in Personal Injury Law. Rene Rogers has been AV Rated by Martindale-Hubbel for 30 years. Ryan Wham attended one of the best law schools in the country, the University of Texas School of law and was a member of UT’s prestigious Law Review. Prior to going to work for his parents at Wham & Rogers, Ryan worked at one of the largest law firms in the world. If you are looking for a highly qualified, experienced personal injury firm, contact Wham & Rogers for a free consultation. Call 832-592-1108 or text 832-413-1428 .
By Rene Rogers 09 Apr, 2024
We are often asked whether pedestrians or cars have the right of way on pathways and at intersections. Many trails or pathways which cross intersections have stop signs. Pedestrians and bicyclists must obey these signs when they come to an intersection. When approaching an intersection, pedestrians should always stop and look both ways before crossing the intersection. If there is a traffic control device, pedestrians should always wait for the “walk” light to be illuminated before proceeding. Pedestrians, cyclists, and runners should slow down to allow enough time when nearing an intersection that is not controlled by a traffic signal.
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The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 

By Rene Rogers 17 Apr, 2024
What are the Most Dangerous Vehicles on Our Roads? 18 -wheelers are the deadliest vehicles on our highways. Each year, 600 Texans are killed, and 10,000 more are injured in trucking collisions. It’s obvious why 18-wheelers are so dangerous. They weigh twenty to thirty times more than passenger cars, have a much higher ground clearance, and require twenty to forty percent further to stop. Do Truck Drivers Have to Comply with Higher Safety Standards? Because of these dangers, the Motor Carrier Safety Regulations require higher standards for commercial drivers; driving a Commercial Motor Vehicle requires a higher level of knowledge, skill, and physical abilities than is required of other drivers. Truck drivers must know the safety rules and follow them. Trucking companies must have safety policies and implement safety training programs. Truckers must conduct pre-trip and post-trip inspections of their trucks. Why is Quick Action Essential After a Trucking Collision? If you or a loved one is injured or killed in a trucking collision, quick action is required. The trucking companies have legal teams ready to act when a crash occurs. They send experts to the crash site, to photograph and measure the roadway, and to interview witnesses in order to try to minimize their liability. You need someone acting on your behalf to gather evidence and to ensure evidence is not destroyed. What Must be Done to Preserve Evidence Following a Collision With a Big Rig? Preservation of evidence letters should be sent to the trucking company and its insurers. Experts should be retained to perform computerized mapping of the crash site, and to download the 18 wheeler's electronic control module. A qualified trucking liability expert should be retained to address the federal safety regulation violations that are critical to handling truck crash claims. When we investigate trucking collisions, we often find that trucking companies fail to implement and follow adequate safety procedures, including failing to conduct the proper pre- and post-trip inspections. These failures to follow safety procedures often lead to otherwise avoidable collisions. Which Law Firm Should I Hire After an 18-Wheeler Collision? The attorneys at Wham & Rogers have the expertise and resources to handle trucking cases. We can get experts to the scene and have them gather data and download the electronic control module of the 18-wheeler before vital evidence is lost or destroyed. If you or a loved one has been in a collision with an 18-wheeler, the lawyers at Wham & Rogers can help you. Call 832-592-1108 or text 832-413-1428 for a free consultation.
Wham & Rogers, Texas Attorneys
By Mark Wham 09 Apr, 2024
1. Do I really need a personal injury lawyer? Yes, if you have a significant injury, choosing the right lawyer to handle your injury claim matters. Now more than ever, having the right lawyer can make a tremendous difference for the success of your claim. Insurance companies use sophisticated negotiation tactics to help them minimize your claim, or even avoid paying altogether. And make no mistake—the claims adjuster is not on your side. The adjuster, in a very real sense, is your opponent, and is specifically trained to make sure you don’t receive the maximum recovery you’re entitled to. 2. Does it really make a difference which lawyer I hire? Absolutely. The stronger your lawyer, the stronger your claim. Insurance companies keep track of which lawye rs have the experience, the resources, and the willingness to fight for their clients. They know which law firms are high-volume firms looking for a quick, easy settlement, and which lawyers are willing to do the hard work of fighting to get full justice. We have had clients contact us because a high-volume firm dropped their case after the insurance company “denied liability” and refused to pay quickly. 3. How do I find the best personal injury attorney? First, look at the lawyer’s qualifications and credentials. For example, the State Bar of Texas has a Board of Legal Specialization that certifies lawyers who are experts at handling personal injury claims. Fewer than 3% of Texas lawyers are Board Certified in Personal Injury Trial Law. You should also check the lawyer’s ethics. One of the best sources is Martindale-Hubbel’s attorney ratings. The highest rating is AV-Preeminent—which means the lawyer is considered ethical by his peers and has demonstrated the highest level of competence. Next, consider the size of the firm. If you are represented by a large law firm, chances are you will not be represented by the best, most experienced lawyer at that firm, and your case will instead be “handed down” to an associate for handling. Hiring a “boutique” litigation firm, with fewer lawyers handling fewer cases, will mean that the firm’s top lawyers are directly involved in the handling of your claim. Beware of firms that advertise “billions of dollars in past recoveries.” Quite often, those recoveries include class action case results, involving thousands of clients, with each client receiving a relatively small recovery. Look instead for a lawyer who has a record of achieving substantial recoveries for individual clients. Find a lawyer who has “been there, done that.” Specific experience is important, so look for a lawyer who has widespread experience handling serious injury claims, including wrongful death claims, truck crash cases, and complex cases involving complicated injuries such as paralysis and traumatic brain injury. Wham & Rogers attorneys have over 70 years combined experience in personal injury law. Mark Wham is Board Certified in Personal Injury Law. Rene Rogers has been AV Rated by Martindale-Hubbel for 30 years. Ryan Wham attended one of the best law schools in the country, the University of Texas School of law and was a member of UT’s prestigious Law Review. Prior to going to work for his parents at Wham & Rogers, Ryan worked at one of the largest law firms in the world. If you are looking for a highly qualified, experienced personal injury firm, contact Wham & Rogers for a free consultation. Call 832-592-1108 or text 832-413-1428 .
By Rene Rogers 09 Apr, 2024
We are often asked whether pedestrians or cars have the right of way on pathways and at intersections. Many trails or pathways which cross intersections have stop signs. Pedestrians and bicyclists must obey these signs when they come to an intersection. When approaching an intersection, pedestrians should always stop and look both ways before crossing the intersection. If there is a traffic control device, pedestrians should always wait for the “walk” light to be illuminated before proceeding. Pedestrians, cyclists, and runners should slow down to allow enough time when nearing an intersection that is not controlled by a traffic signal.
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