Wham & Rogers

Officer Injured in Houston Motorcycle Accident

Tue, 24 Feb 2026 04:33:49 GMT

Officer Injured in Houston Motorcycle Accident

On February 18, 2026, an accident involving a motorcycle and two other vehicles occurred on Aldine Westfield Road near Wood River Drive, Fox26 Houston reports.

An off-duty officer was operating the motorcycle and was found unresponsive at the scene. Despite the efforts of EMS and firefighters, they were unable to save the deputy. The investigation into the crash is being handled by the Precinct 4 accident investigation team, and all lanes on Aldine Westfield Road were shut down due to the incident.

The driver of the vehicle stayed on the scene and was not impaired at the time of the accident. It is not yet clear if the crash was related to the arrest of a Montgomery County Sheriff’s Office deputy at the scene, who was charged with DWI.

18 Wheeler Rollover Crushes Pickup on Southwest Freeway

Mon, 16 Feb 2026 04:24:25 GMT

February 12th, 2026, Houston: An 18-wheeler rollover on Southwest Freeway near Chimney Rock Road blocked multiple outbound lanes, leading to major delays for commuters, KHOU reports.

The truck rolled onto its passenger side, crushing a pickup truck and dragging it approximately 100 yards. Fortunately, the pickup truck’s driver escaped unscathed, and there were no reported injuries. Fire officials also noted that the semi-truck did not lose its load during the incident.

If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .

Cypress Auto Accident Traps Woman in Vehicle

Sun, 08 Feb 2026 21:48:31 GMT

Side Underride Crashes Pose Major Risk to Drivers

On February 5, 2026, a dramatic rescue unfolded on Highway 290 near Mason Road in Cypress, Texas, when a woman found herself trapped in her vehicle after a major two-vehicle crash. The crash caused significant delays, with two westbound main lanes on Highway 290 remaining closed.

The Harris County Sheriff’s Office reported that when emergency services arrived at the scene, they discovered the woman wedged underneath a truck . This type of accident is called a Side Underride Crash , and car manufacturers face pressure to install additional safeguards.

Thanks to the efforts of first responders, the woman was safely removed from her vehicle and taken to the hospital for further care.

If you have been injured in a serious car accident in Houston, please call Wham & Rogers for a free consultation at 832-592-1108.

Four Houstonians Killed in 18 Wheeler Crash

Wed, 07 Jan 2026 16:34:46 GMT

Texas 18-Wheeler Crash Leaves Four Houston Women Dead

A new video released after a fatal crash in the Texas Panhandle shows a truck on US 87 crashing into four young women from the Houston area. The women had to reduce their speed due to a flat tire, and had turned the hazard lights on.

Despite their precautions, an 18-wheeler transporting produce for the San Antonio-based grocery chain H-E-B collided with the Nissan Altima, tragically killing the driver and three passengers.

Long hours, insufficient training and lax monitoring make commercial vehicle and big rig accidents all too common on Texas roadways.

18 Wheeler Crash Kills Five in Dallas

Wed, 09 Jul 2025 15:25:34 GMT

A fatal crash near Dallas left five dead after an 18-wheeler driver fell asleep behind the wheel.

On the afternoon of June 28th, a truck driver allegedly fell asleep while driving an 18-wheeler on I-20 east of Dallas , causing him to crash into four cars and three 18-wheelers. This accident resulted in five deaths and an unknown number of injuries. This crash caused I-20 to be closed for several hours on Saturday while the victims were treated and the vehicles were removed from the scene.

The driver was arrested the next day after admitting to falling asleep while driving, and is facing five counts of manslaughter along with a count of aggravated assault with a deadly weapon.

18-wheeler accidents have become a near daily occurrence, putting many drivers at risk. It is important to obtain counsel immediately if you have been in a collision with an 18-wheeler to ensure evidence is preserved and the accident is investigated thoroughly.

If you have been injured in a serious 18-wheeler or commercial vehicle accident in Texas, call Wham & Rogers at 832-592-1108 for a free consultation.

How to Avoid Hiring the Wrong Attorney

renerogers@whamandrogers.com (Rene Rogers) — Wed, 14 May 2025 19:46:08 GMT

Avoid Hiring the Wrong Attorney

We often receive phone calls from people whose attorney won't return their calls, won't help them find medical care, or won't give them any advice about property damage. When I ask who this lawyer is, they usually don't know.

Invariably, I find out that they hired the lawyer through a service that contacted them. A shocking number of these solicitation companies are

breaking the law. They are committing the crime of barratry .

Attorneys who hire companies to illegally solicit business for them are focused on quick, easy settlements. They’ve already taken an illegal shortcut to get your business. They want to settle your case with the least amount of effort. They do not want to spend time answering your questions and helping you with anything that won’t make them a quick buck.

I’ve learned of situations where lawyers hired through solicitation companies settled cases without their client’s consent — and even situations where the client’s settlement check bounced.

If you hire a lawyer who contacts calls you personally or through a service, you may be hiring a lawyer who is breaking the law. This is not who you want representing you. If you did hire a lawyer through one of these services, you may be the victim of barratry and there are lawyers who will pursue these claims for you. ( Our firm does not handle barratry claims )

When you need a personal injury attorney, do your research. Check the reviews for the firm. Call to talk with the lawyers. If you can’t get a lawyer on the phone to talk with you, that is a sign you may need to look elsewhere.

Our client reviews will attest that we provide personal, caring service to our clients. If you want attorneys who will treat you like family, call Wham & Rogers.

18 Wheeler Wreck Closes Major Highway near Austin Texas

renerogers@whamandrogers.com (Rene Rogers) — Wed, 23 Apr 2025 16:10:30 GMT

Risk of major truck accidents continues for Texas drivers

Austin, Texas - Texas is already one of the most dangerous states for fatal 18-wheeler crashes, and major disruptions from trucking collisions are a near-daily occurrence. This morning, an 18-wheeler and six other vehicles collided near the Austin-area suburb of Georgetown .

The severity of any injuries sustained in the commercial vehicle wreck has not yet been reported, but the crash and recovery efforts have led to the complete closure of southbound lanes on Highway I-35. The Texas Department of Transportation warns that traffic will be disrupted for hours.

Just last month, commuters on I-35 suffered a major, multiple-fatality accident when a driver for an Amazon delivery contractor crashed his 18-wheeler into 17 other vehicles . Investigations continue into the cause of the crash.

Despite the frequency and severity of 18-wheeler and commercial vehicle crashes in Texas, the State Legislature is considering new laws that would protect trucking companies from liability in these wrecks . When combined with other new legislation capping damages that result from these serious 18-wheeler accidents, Texans would be left even more vulnerable.

If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .

Texas Senate Bills 30 and 39 Sacrifice your Safety for Corporate Profits

Thu, 10 Apr 2025 03:12:09 GMT

Insurance Companies Are Trying to Protect Themselves at Texans' Expense with Texas Senate Bills 30 and 39

Texas has led the nation in large truck crashes since 2017, with more commercial vehicle wrecks than Oklahoma, New Mexico, Arkansas, Louisiana, Mississippi, Colorado, Arizona, Nebraska, and Kansas combined. In 2023, Texas had 20,510 fatal and non-fatal truck crashes , the most of any state. D espite this, the Texas Senate is considering legislation that would further endanger Texas familie s.

Insurance and Trucking Lobbies Push Dangerous Bills

The insurance and commercial truck lobbies have introduced bills to drastically limit the responsibility of truck companies and their insurers in Texas.

The new legislation falls into two categories: damages caps and trucking liability restrictions. Senate Bill 30 and the corresponding House Bill 4806 cap non-economic damages, eliminate several categories of damages entirely, and artificially cap medical expenses.

These laws would limit noneconomic damages to $250,000 in almost every case, no matter the injury — whether quadriplegia, brain damage, or severe burns result.

Liability for commercial trucking operators would be drastically limited by Senate Bill 39 and House Bill 4688 . These bills shift the focus from the company to the driver, even though the company should be held accountable for its own failures and negligent actions and decisions. Say, for example, that a trucking company consistently makes its drivers illegally work more than federal “hours of service” laws allow, and as a result, one of their drivers falls asleep behind the wheel and causes catastrophic injuries to another person. In that case, Senate Bill 39 would stop the jury from learning about the trucking company’s illegal, dangerous policies , and would instead unfairly put the sole focus on the driver who fell asleep.

These bills pose a legitimate threat to the safety of Texas roadways, because American juries have consistently motivated important changes in corporate policies that regulations failed to address. Even the Texas Attorney General has relied on the jury system to affect important changes in corporate policies — most recently in a series of lawsuits stemming from the opioid crisis.

New Bills, Same Old Scare Tactics

Advocates of these bills claim that reducing liability will result in more money for insurance companies, and therefore lower costs for consumers. Unfortunately, they’re only half right: insurance company profits have reached new records, but premiums are higher than ever.

This isn’t the first time Texans have been sold a false bill of goods. In the early 2000s, “tort reform” was sold as a way to “lower premiums” by reducing liability costs for medical providers. Instead, our premiums have increased , and Texas has the highest number of uninsured residents of any state . It’s also virtually impossible to find an attorney to bring a case against a doctor or hospital, unless the person is a high wage earner or requires lifetime care due to the injury.

Insurers Pass Savings On To Themselves, Not Their Customers

According to the National Association of Insurance Commissioners (NAIC), the property casualty insurance industry earned $88 billion in profits in 2023 — its most profitable year of all time. In addition, AM Best reports that Q1 2024 saw profitability continue to surge, with net income reaching $40 billion, putting the industry on pace to shatter the 2023 record profits.

Evidently, they have chosen to reinvest these profits into lobbying efforts that would make themselves even richer at the expense of Texas citizens.

Texans Must Defeat This Irresponsible, Self-serving Legislation

Contact your legislator : tell your representative that you firmly oppose Senate bills SB 39 and SB 30, and House Bills HB 4688 and HB 4806.
Spread the word : share this information with your friends, family, and neighbors to make sure everyone knows what’s at stake.
Find out which legislators represent your district here: https://wrm.capitol.texas.gov/home
Sign the Safe Roads Petition : https://www.texaswatch.org/we-need-safe-roads

Texas Voters Beware: New Senate Bill Would Make Texas Roads Less Safe

Wed, 26 Mar 2025 15:14:23 GMT

Insurance Companies Are Trying to Protect Themselves at Texans' Expense with Texas Senate Bill 30

Texas - The state already holds the grim title of being the most deadly in the nation when it comes to crashes involving 18-wheelers. Now, a new and deeply troubling proposal is gaining traction behind closed doors—one that could make it even harder for Texans to seek justice in the event of a life-altering crash. A proposed Senate bill, pushed by insurance company lobbyists, would severely limit damages for victims involved in crashes with 18-wheelers, further tipping the scales in favor of insurance companies at the expense of Texans’ rights.

This latest attempt is just one of many by powerful lobbyists to reduce Texans’ rights in favor of protecting corporations. In the past, lobbyists have managed to push through legislation that severely restricted Texans' workers' compensation rights, with the promise that insurance rates would drop. However, the promised rate reductions never materialized .

Similarly, in medical malpractice cases, "tort reform" measures were passed, capping claims for severe medical mistakes—such as amputating the wrong leg—to just $250,000, no matter the extent of the harm done.

For most Texans, these changes were enacted under the radar. They didn’t know about these insurance company-sponsored laws until they were personally affected—whether through an accident, injury, or the tragic loss of a loved one. And now, this proposed Senate bill SB 30 threatens to further limit access to justice for victims of 18-wheeler accidents—without any guarantee that insurance rates will actually decrease.

It is time for Texans to stand up and say enough is enough . The only people benefiting from these laws are the powerful insurance companies who are eager to cut their payouts, while ordinary Texans bear the brunt of the consequences. If you care about your rights—and the rights of your fellow Texans—now is the time to take action.

What You Can Do:

Contact your legislator: Call, email, or meet with your elected official and tell them, in no uncertain terms, that you oppose this Senate bill, SB 30.
Spread the word : Share this information with your friends, family, and neighbors to make sure everyone knows what’s at stake.
Vote for change : Let your legislator know that if they support this bill, they will not have your vote in the next election.

Texans are tired of the tactics employed by insurance companies to delay and deny claims. We are sick of being ignored and having our rights stripped away in favor of corporate interests. Stand with us today—protect our rights and stand against any further measures that put corporate profits ahead of the people of Texas.

You can find out which legislators represent your district here: https://wrm.capitol.texas.gov/home

Take Action Now. Call Your Legislator. Protect Texans’ Rights.

Semi-Truck Driver Arrested After Multiple Fatality Texas Crash

renerogers@whamandrogers.com (Rene Rogers) — Sat, 15 Mar 2025 16:39:39 GMT

17 vehicles were involved in deadly the I-35 crash

Five people were killed and eleven injured in a major, multi-vehicle collision on the evening of March 13th in Austin, Texas. According to NBC affiliate KXAN , one individual has been charged:

"Police sources confirmed with KXAN the person arrested was the driver of a semi-truck hauling for Amazon. The driver involved in this incident is not an Amazon employee. … The owner of ZBN Transport LLC said Friday afternoon there’s been no contact with its semi-truck driver." (KXAN)

According to Austin police, the alleged driver has been charged with multiple counts of intoxication manslaughter.

Amazon, like many other large corporations, has chosen to expand its operations via an array of third-party contractors rather than relying solely upon employees. This provides the company with greater flexibility on pay and benefits, and may also seem like attractive way to reduce liability for accidents like the above.

However, many large corporations have discovered that merely declaring a worker to be an “independent contractor” does not necessarily make it so. In one notable example, a court of appeals in Oregon ruled that Domino’s Pizza, Inc. was directly responsible for an accident caused by one of their franchisee’s delivery drivers, and could not disclaim liability . A decade later, the Supreme Court of Ireland found the same.

Amazon has also faced legal scrutiny over its "Delivery Service Partner" program in the state of Georgia: "Jurors Thursday handed down a $16.2 million verdict at trial against Amazon Logistics and a service partner. ... Notably, jurors also concluded that Amazon exercised sufficient control over defendant Fly Fella Logistics to render the delivery giant liable ." (Courtroom View Network)

To be considered truly “independent”, a contractor should exercise significant control over his own schedule, and be able to make decisions over how and when to provide services. When a company policy guarantees a specific delivery timeframe, or denies digital app or marketplace access to a contractor based on number of jobs taken per week, they may risk having the supposedly “independent” contractor being considered an employee.

If you have been seriously injured by a commercial driver, or a contractor for a major corporation, the Texas 18-wheeler accident experts at Wham & Rogers, PLLC can help. Speak to an attorney today by calling (832) 592-1108 or leaving us a message on our contact page.

Distracted Commercial Drivers

renerogers@whamandrogers.com (Rene Rogers) — Sun, 09 Mar 2025 00:48:23 GMT

How big of a problem is distracted driving by truckers?

Up to 40% of all commercial truck accidents are caused by distracted driving. In 2018, there

were 4,832 deaths caused by distracted truck drivers. That number was 4,977 in 2019 and 4,777

in 2020, according to the Federal Motor Carrier Safety Administratio n.

The categories of distracted driving tracked by the FMCSA include:

Talking or Listening to Cellular Phone
Other Cellular Phone Related
Using or Reaching For Device/Object Brought Into Vehicle
Eating or Drinking
Dialing/Manipulating Cellular Phone a
Lost In Thought/Day Dreaming
Adjusting Audio and/or Climate Controls
Using Other Device/Controls Integral to Vehicle
Distracted By Other Occupant(s)
Careless/Inattentive
Distracted By Moving Object in Vehicle
Distraction/Careless
Looked But Did Not See
Smoking Related

Cell phone use by truck drivers

It’s important to note that the FMCSA prohibits texting and the use of handheld devices by truck drivers. Violations can result in fines, and even suspension of commercial driver’s licenses.

Drivers who use handheld devices are 4x more likely to be in a serious crash.
Text messaging increases the risk of a collision by 23 times.
Cell phone use delays a driver’s reaction time as much as a blood alcohol concentration of 0.08%.

How does distracted driving affect truck drivers’ performance?

Distracted driving can slow the driver’s perception of traffic events, resulting in delayed reaction times. Slow reaction times may cause incorrect steering, too much brake pressure or inaccurate accelerator pressure.

What can trucking companies do to reduce distracted driving by truck drivers?

Require regular distracted driving training for drivers;
Install distracted driving software which blocks use of social media, streaming video and texting while driving;
Develop a distracted driving policy and require each employee to sign it, requiring them to agree to follow the policy.
Enforce their distracted driving policy—and reprimand employees who fail to follow the policy.
Educate dispatchers: Dispatchers shouldn’t expect immediate responses if drivers are on the road.
Remind drivers to set their voicemail and call forwarding when on the road.
Use driver facing cameras to ensure compliance with the safety rules.

If you have been the victim of distracted driving by a commercial driver, Wham & Rogers can help you. We can rapidly respond to a collision in order to download the electronic control module and when necessary, download the phone of the distracted driver. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation. ‬

How to Protect Your Family on the Road

renerogers@whamandrogers.com (Rene Rogers) — Wed, 26 Feb 2025 04:44:58 GMT

How to protect your family on the road

If you drive on Texas highways you have likely encountered some situations which you felt were unsafe or even dangerous. As a parent or grandparent, we especially worry about protecting our children from dangerous drivers, particularly from large commercial vehicles such as 18 -wheelers.

How to protect your family while on the road with 18-wheelers:

Be alert and aware of your surroundings when driving near 18-wheelers. Keep watch where the truck is and where other nearby cars are located and their movement. Being alert can give you time to move out of the way and to safety in the event of a collision.
Don’t crowd 18-wheelers. When driving behind a semi- truck, leave enough space to stop in case the driver must slam on his brakes. You do not want to rear-end an 18-wheeler.
Pass safely. When passing an 18-wheeler, stay closer to the shoulder than to the truck and pass as quickly as you can safely pass. If you linger next to the 18-wheeler, you may be in their blind spot.
Don’t cut in front of a semi-truck. It takes large trucks a long distance to stop. Leave enough space between you and the truck so they can avoid hitting you in the event of a slowdown.
Avoid the big rig’s blind spots. Large trucks have multiple blind spots, including the right side of the truck, directly in front of the truck, and directly behind the trailer. To protect yourself, stay out of these blind spots. The old adage is that if you can’t see the driver in the mirror, they can’t see you.
Use your turn signal. Always use your turn signal when you are changing l anes or making a turn. Give the big rig driver sufficient warning of where you are moving to so he can avoid hitting you.
If you travel in mountainous areas, you may have seen the runaway truck ramps. These ramps are there because trucks can have brake failures on steep slopes. Stay away from big trucks on both inclining and declining slopes to protect yourself in the event of a runaway truck. If you are sharing the road with a big truck and the road is steep, stay as far away as you can in the event of a brake failure.
18-wheelers take very wide turns due to their length. Give them enough space when they are turning so they don’t hit you.

Here are some other safe driving tips to help keep you and your family safe while on the road:

Avoid distractions, such as texting, applying make-up and eating;
Watch out for and move away from drivers who are swerving or otherwise demonstrating that they are distracted by texting on their phone;
Always make sure your child is in the proper car seat, even when traveling in someone else’s vehicle;
Keep a proper distance between you and the vehicle ahead of you. Keep enough space to that if the traffic stops ahead of you that you have time to stop;
Check your rear and side mirror often. You may be able to change lanes to avoid a collision if you are keeping a close lookout;
Allow enough time to get to your destination so you don’t have to rush;
Plan your route ahead of time and use voice-activated navigation systems so that you can focus on driving rather than searching for the road you need to turn on;
Obey the posted speed limits;
Take breaks—don’t become fatigued;
Keep a first aid kit in your car and if you are traveling in desert areas, keep extra water in your car.
If you are traveling in icy conditions, make sure you have the proper tires and chains, if required. Also, make sure you have blankets and other supplies to stay warm if you are stranded.

The attorneys at Wham & Rogers have years of experience in 18-wheeler collision cases. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation.

Do I need a personal injury attorney?

renerogers@whamandrogers.com (Rene Rogers) — Wed, 19 Feb 2025 03:36:31 GMT

If you have been seriously hurt in a truck or car accident, you need experienced attorneys on your side.

Do I need a personal injury attorney?

If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away.

The insurance company for the negligent person or company will begin gathering evidence and building their defense right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.

Insurance adjusters are not assigned to help you – their job is to save the insurance company money. You are at a disadvantage when dealing with an experienced adjuster on your own.

If you don’t retain an attorney right away, you may suffer a gap in your medical treatment which will irreparably harm your case. Many primary care doctors will not see their patients for an auto accident. An attorney can help you quickly find a doctor who will see you.

What can a personal injury attorney do for me that I can’t do myself?

A personal injury attorney can help you navigate the health care system to ensure you promptly get the care you need.
A personal injury attorney can help facilitate the property damage process.
A personal injury attorney can help you deal with hospital liens, health insurance and health insurance liens.
A personal injury attorney can gather evidence to use against the at fault party, increasing the value of your case.
A personal injury attorney can take steps to ensure you recover the maximum value for your case.

How do I choose a personal injury attorney?

Attorneys who are board certified in personal injury law have passed a specialized test and have been recommended by judges and other attorneys. If you hire a board certified attorney, you will be represented by a specialist in the field.

Should I hire an attorney who has billboards and TV ads?

Often, people who hire a “billboard” firm never talk with a lawyer. They are relegated to low-level staff. We have had calls from former clients of billboard firms tell us they never talked with a lawyer, or every time they called, a different lawyer was handling their case, or that their case was settled without their knowledge. If you hire our firm, a lawyer will handle your case, and you will be able to speak with a lawyer.

Why should I hire Wham & Rogers, PLLC?

If you read our reviews , you will find that we treat our clients like family. We work hard to make sure our clients are taken care of and get the best results possible.

On the Job Injuries and the Non-Subscriber Employer

renerogers@whamandrogers.com (Rene Rogers) — Wed, 12 Feb 2025 01:56:24 GMT

Don’t all employers in Texas have to carry worker’s compensation insurance?

No. Texas is the only state that does not require private employers to carry worker’s

compensation insurance.

How do I find out if my employer carries worker’s compensation insurance?

You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/

Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance.

If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim.

I’ve been injured on the job and my employer is a non-subscriber. What rights do I have?

You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act.

As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries.

If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer.

When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance.

What damages can I recover in a non-subscriber case?

A non-subscribing company may be sued for damages such as pain and suffering and medical

expenses. The non-subscribing company may also be held liable for gross negligence or punitive

damages.

What defenses do non-subscriber employers have when employees are injured?

Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault.

Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury.

Can I sue my employer for an on-the-job injury if my employer has worker’s comp?

No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system.

At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108 or text us at (832) 413-1428‬ for your free consultation.

Houston 18-wheeler wreck causes Injuries and Death - Suspect Sought by Police.

renerogers@whamandrogers.com (Rene Rogers) — Mon, 03 Feb 2025 16:20:03 GMT

Six vehicles were struck by the flatbed truck near Beltway 8 in Houston.

On the night of January 31st, drivers and passengers waiting at the intersection of East Sam Houston Parkway and Sabo Road were struck by an 18-wheeler . In addition to the truck, a further six vehicles were damaged in the collision, with at least two occupants, including a child, sustaining injuries. Tragically, one driver lost his life.

The driver of the 18-wheeler reportedly left the scene rather than rendering aid to the victims . Fleeing the scene of a crash can severely increase legal penalties under these circumstances: hit-and-runs that result in death carry sentences up to 20 years in Texas.

The suspect is still at large, but will probably be identified soon from security camera footage recorded before, during, and after the wreck. Beltway 8, of which Sam Houston Parkway is a part, has high definition cameras that record license plates at regular intervals.

What should you do if you are hit by an 18-wheeler?

If you have been in a collision with an 18-wheeler, it is critical to retain counsel right away to investigate the collision and to ensure evidence is preserved . In this situation, an attorney can send preservation letters to all vehicle owners who were involved in the collision to request preservation of dash cam video and electronic control modules. An attorney can also hire an investigator to canvas local businesses for video footage of the collision in order to track down the 18-wheeler driver and company.

Our fir m has successfully handled many 18-wheeler collisions and has the resources to immediately take action to preserve your rights. As part of an investigation, we download the electronic control module of the big rig and gather evidence of the hours the driver worked along with repair and inspection records from the trucking company in order to build the case of negligence on the part of the driver and company.

Get Your Crash Report Without Getting Scammed

Tue, 07 Jan 2025 04:27:30 GMT

Not all Crash Report sites are legitimate.

Always order your crash report from a .gov site

Do NOT order your accident report from a “sponsored” site:

What can happen if I use a “sponsored” site?

Many sponsored accident report sites are run by third-party companies aiming to secure cases for law firms by exploiting questionable tactics, including having users unknowingly sign power of attorney forms. Once the power of attorney is signed, the case is sold to a law firm. The victim has no say in choosing the law firm.

One victim of this scam thought he was signing up for a McDonald’s coupon, only to find out he had signed a power of attorney for his lawsuit. He ended up being represented by an out-of-town law firm that he had no say in selecting.

Why shouldn’t I work with an attorney who hired a company to solicit my

case?

Attorneys are not allowed to contact potential clients. It is an ethical violation and a crime. You do not want to work with an attorney who engages in unethical and illegal conduct.

How do you protect yourself?

Do not provide your personal information to anyone who calls you.
Do not provide your personal information to any online portal.
Talk only to a law firm you call about your case.

What do I do if I have been a victim of an illegal solicitation scam?

There are attorneys who will prosecute barratry cases, and may recover a $10,000 penalty for you. You can also report the crime to the State Bar of Texas.

Wham & Rogers does not handle cases of illegal solicitation or barratry.

Liability Insurance Tricks and Unfair Tactics

renerogers@whamandrogers.com (Rene Rogers) — Wed, 11 Dec 2024 01:29:37 GMT

How to avoid becoming a victim of unfair insurance company tactics

Many accident victims do not understand that the insurance adjusters are not appointed to help them — and are not even required to tell the truth. In our 70 plus years of experience dealing with liability insurers we have often seen detrimental strategies in action.

When you have been in an accident, don’t forget that the adjuster’s role is to save the insurance company money and that the adjuster cannot be trusted to protect your interests.

Here are some real examples of unfair insurance company tactics and how to avoid becoming a victim.

Tactic 1: Letting the Statute of Limitations Expire
An accident victim supplied medical bills and records to the adjuster as requested. The injuries were severe, and treatment took a long time. The adjuster advised that the medical bills would be paid, lulling the accident victim into a sense of security. At no time did the adjuster advise that the year two statute of limitations was approaching or that the claim would be denied after the statute ran. Once the two-year mark passed, the adjuster denied the claim.

Lesson : The third-party liability adjuster has no duty to tell you the deadlines applicable to your case. Consult with an attorney about your deadlines so your claim will not be barred.

Tactic 2: Concealing Payout Amounts

An adjuster offered an individual injured in an auto accident $10,000 in settlement, which she accepted. The individual received a check for $1,000. When she asked why she only received $1,000 when she had settled for $10,000, the adjuster told her, for the first time, that $9,000 was paid to the hospital. Had the adjuster been upfront with the individual, she could have negotiated the hospital bill herself, saving thousands of dollars. Because she had already settled with the insurance company, she had no recourse.

Lesson: Ask the adjuster specifically how much money YOU will be receiving, and how much money is being paid to the hospital and health insurance company. You have the right to negotiate with the hospital and health insurance company, but you have to ask. The adjuster will not tell you this.

Tactic 3: Insurer-led Investigations

A family tragically lost their son in a collision. The insurance adjuster contacted the son’s friends, misrepresented the details of the accident, and took recorded statements, recording only part of the interviews, creating a misleading record. This misleading record was then used against the family.

Lesson: Contact an attorney right away if a family member has been killed or has suffered catastrophic injuries. The adjusters immediately begin to build their defense, using unfair tactics. You do not want to be put at a disadvantage. An attorney can contact friends and family to alert them to be on guard and combat these unfair tactics.

Tactic 4: Adjuster Harassment of Victims’ Families

After a family tragically lost their child, the adjuster began hounding the family and relatives—going so far as to send messages to family members on social media. The actions of the adjuster caused additional stress for the grieving family.

Lesson: If you retain an attorney and advise the adjuster that you have done so, the adjuster must stop contacting you and your family members.

Tactic 5: Concealing Liens
A woman settled a personal injury case with the adjuster. After the settlement, the woman’s health insurance contacted her and told her she was required to pay all of the settlement funds to the health insurance company. The adjuster failed to disclose to the woman that she would have to repay her health insurance company from the settlement funds. Had the woman known this, she would not have accepted the settlement amount from the adjuster and would have attempted to negotiate a higher recovery.

Lesson: Most health insurance companies have a lien on your personal injury settlement. Adjusters will not volunteer this information to you. If you negotiate a settlement yourself, you need to find out about all liens on your recovery, so you know the exact amount you will receive in settlement. Health insurance liens can be negotiated before the settlement is reached.

Tactic 6: Swoop and Settle
A gentleman was injured in an accident. The liability adjuster told him the insurance company would pay up to $20,000 in medical bills and $2,500 for pain and suffering. The gentleman accepted this offer. He received his $2,500 check and then submitted $15,000 in medical bills to the liability adjuster. The liability adjuster paid only $7,500 of the $15,000 in medical bills. When asked, the adjuster advised that she did not agree he needed 36 sessions of physical therapy nor that he needed an MRI, so she would not pay for those charges. The adjuster further pointed out that the settlement agreement obligated the liability insurance company to pay up to $20,000 in medical expenses reasonably and necessarily incurred due to the accident . The agreement left it up to the adjuster to decide which bills to pay. The gentleman was then on the hook to pay $7,500 in medical bills, with no recourse.

Lesson: This tactic is called swoop and settle . The insurance company wants to trick you into settling before you know the extent of your damages. This leaves the insurance company with the discretion to decide which bills to pay, and you with no remedy for the wrongful denial of medical charges. DO NOT fall prey to this scheme. There is no requirement that you settle your case immediately . Adjusters often threaten that they will “close their file” and the like. This is a hollow threat. You can wait until you have completed treatment to attempt to settle the case. You have two years after the accident to file a lawsuit.

Conclusion

Liability insurance companies and their adjusters have a whole playbook of dirty tricks. If you or a loved one has been seriously injured, you need experienced Texas personal injury attorneys who have seen it all and know how to win. Please contact Wham & Rogers for your free consultation, by phone, Zoom or in person.

What are Side Underride Crashes?

renerogers@whamandrogers.com (Rene Rogers) — Sun, 08 Dec 2024 00:13:27 GMT

When cars slide underneath 18 wheelers, the results can be horrific.

Underride crashes are collisions in which victims experience life-threatening injuries to their heads and torsos when their vehicles run under an 18-wheeler. This is known as passenger compartment intrusion (PCI) . PCI can result in traumatic brain injuries, decapitation, facial fractures, severe crush injuries, as well as burning to death from fiery crashes.

How many people are injured or killed by underride crashes?

The National Highway Transportation Safety Administration (NHTSA) estimates that since it began collecting data on underrides, there have been 7,850 side underride crashes and 8,950 corresponding fatalities, averaging 179 per year.

Why are side underride collisions so dangerous?

Side underride fatalities are caused because the sides of semitrailers are much higher than the bumpers, crumple zones, and restraint systems of passenger cars. When a passenger car runs under a semi, the car’s safety components do not prevent passenger compartment intrusion or protect the driver. According to the Advisory Committee on Underride Protection (ACUP) , crashworthiness research and standards are useless in protecting passenger lives due to the size mismatch between the semi-trailers and passenger cars that causes underrides.

Pedestrians, bicyclists, and motorcyclists are even more vulnerable and can be crushed to death under the rear axles of large commercial trucks and trailers due to the lack of a physical barrier preventing them from sliding under tractor-trailer trucks.

What are the other costs associated with side underride collisions?

Not only are side underride deaths horrific, they are extremely costly. According to the ACUP, municipal emergency medical services and police incur much greater strain on resources when underrides occur compared to crashes that do not involve underride. More emergency personnel must be assigned to underride crashes for longer periods of time. The trucking industry also pays a high price for underrides, in the form of delayed delivery of transported goods, vehicle damage, civil lawsuits, loss of commercial driving license, and even jail time.

ACUP found that most long-haul carriers have the ability to install underride protection systems without exceeding their weight limits. ACUP also found that physical underride guards, known as rear impact, side impact, and front impact guards, are necessary. They further found that the effectiveness of the side underride guards will be increased when combined with conspicuity tape and automatic emergency braking on trucks.

What can be done to prevent side underride collisions?

ACUP’s recommendations include that:

NHTSA should require all new semitrailers and single-unit trucks to be equipped with side guards capable of preventing injurious passenger compartment intrusion (PCI) when struck by a midsize vehicle at any angle, at any location, and at any closing speed up to and including 40 mph
NHTSA should require side guards to also prevent a pedestrian, bicyclist or motorcyclist from passing underneath the guarded vehicle in an interaction with the side of the vehicle.

Why do 18-wheelers cause so much damage ?

renerogers@whamandrogers.com (Rene Rogers) — Sat, 07 Dec 2024 20:28:53 GMT

Weight and braking distance make these collisions especially deadly.

Because 18-wheelers and tractor trailers weigh significantly more than cars — some weigh as much as 80,000 pounds, while passenger cars usually weigh under 5,000 pounds — big trucks can do much more damage to your car than an accident with a personal vehicle. Due to their weight, it takes significantly longer for a big rig to stop. Because of this size differential, collisions with big trucks often result in serious or even fatal injuries.

A tragic accident which occurred on December 6, 2024 in Liberty County illustrates just how much damage can be caused by a big truck. An 18-wheeler driver crashed into vehicles stopped due to road construction on Highway 321 east of Cleveland, TX. The truck driver reportedly hit the brakes within 100 feet of the stopped traffic but was unable to avoid a collision. The tanker slammed into two pickup trucks, crushing them between the tanker and another 18-wheeler.

At 65 miles per hour it takes a fully loaded 18 wheeler about 525 feet to stop . In this case, the truck driver reportedly did not attempt to brake until 100 feet before impact. Because the driver was reportedly traveling highway speed before he began to brake, his speed at impact was significant, as is illustrated by the damage to the two pickup trucks.

Why time is of the essence when you are involved in an 18-wheeler collision

When an 18-wheeler is involved in a collision, the commercial trucking company immediately hires a team of adjusters, investigators, and attorneys to help clear it from liability and reduce your damages. The defense team will be on scene, sometimes as soon as 30 minutes after the collision, collecting evidence favorable to them and taking witness statements, often in a biased manner. Sometimes, unfortunately, efforts are made to conceal harmful evidence.

How is an 18-wheeler collision investigated?

When we are hired for a commercial collision case, we perform computerized mapping of the crash site, download the truck's electronic control module, hire experts to address the federal safety carrier regulations that are critical to handling 18-wheeler trucking collisions and interview witnesses who saw the accident or arrived shortly thereafter.

If you are injured, or a loved one is killed, in an 18-wheeler truck accident, you need a Board Certified Personal Injury Lawyer on your side, so contact Wham & Rogers right away. Our team is prepared to take quick action and get a team on the ground quickly. Our lawyers have the knowledge and resources you need to protect your rights and build a strong case. When we handle a truck accident case, we utilize state-of-the-art resources and dedicate a tremendous amount of time and energy to prove your case.

Because it is important to move quickly when an 18-wheeler truck accident occurs, we offer meetings by video conference, and will conduct hospital visits and home consultations by appointment.

Barratry - An illegal, unethical practice

renerogers@whamandrogers.com (Rene Rogers) — Thu, 21 Nov 2024 18:43:39 GMT

This is a public service announcement. Wham & Rogers, PLLC does not handle barratry cases.

If you are in an auto accident, you will likely begin to receive multiple phone calls from people wanting to “help you” with your accident claim.

These people may claim to be from the State of Texas, f rom non-profit organizations, the police, or may simply say they were “assigned to help you”. You may even be told that the caller "can get you $50,000."

Please know these free services do NOT exist. Instead, you are being contacted by unethical people who have purchased your information and will sell your case to unscrupulous lawyers. The State of Texas does not contact you to help you with an accident, and there are no non-profits whose function is to help you after an accident. No one is assigned to "facilitate" your health care or

property damage claim.

These callers are with solicitation companies. Their j ob is to trick you into retaining the law firm they are working for. This practice is unethical and illegal – it is the crime of barratry .

Why shouldn't I hire a lawyer who calls me?

If you sign up with one of these scammer companies, you will likely be referred to an unethical attorney whose business model is geared to make a quick profit from your misfortune with the quickest, cheapest settlement obtainable.

Our firm has received phone calls from multiple victims of these scams who were never able to speak with the attorney supposedly “appointed” to represent them, others who were very unhappy with the settlement they received, and even others whose settlement checks bounced.

How are these scammers obtaining my information?

Scammers can acquire your contact information when you or someone else calls 911 after an accident. T ow truck driver, EMS workers, police insiders, medical workers and funeral homes have all been caught selling accident victims' information to scammers.

There are many third-party accident report sites that will sell your information to scammers. Government sites will not sell your information. We recommend you order your crash report from a .gov site, not a .com or .org site.

How can I avoid becoming a victim of a barratry scam?

The only legitimate caller to expect after the accident is an insurance company. If the caller is really with the insurance company they will be able to provide you with a claim number and the name of an adjuster. We recommend you talk with an attorney before providing a statement to the insurance company.

Do not hire a lawyer who calls you, because contacting potential clients unsolicited is an illegal and unethical practice. You do not want to be represented by an attorney who engages in illegal, unethical conduct.

To avoid being contacted again, tell them you already have an attorney and block their calls.

How do I report an instance of barratry?

A person commits barratry if, with intent to obtain economic benefit, the person solicits legal employment, in person or by telephone. Texas law allows victims of barratry to collect a $10,000 penalty for each illegal solicitation . Victims are entitled to actual damages and attorney’s fees.

Call the State Bar's toll-free Grievance Information Helpline ( 1-800-932-1900 ) to report the solicitations. If you decide to pursue a claim for barratry, gather as much information about these callers as you can, the callers, the lawyers, the doctors. Record the calls, take photos or screenshots of the Caller ID, and provide it to a lawyer who handles barratry claims.

This is a public service announcement. Wham & Rogers, PLLC does not handle barratry cases.

Did your insurance premium skyrocket? You may be surprised at the culprit.

renerogers@whamandrogers.com (Rene Rogers) — Sun, 18 Aug 2024 01:00:55 GMT

Carmakers are collecting and selling data to insurance companies

One driver's insurance premiums increased by 21% in 2022, even though he had never caused an accident. LexisNexis Risk Solutions had compiled a 258-page report on the driver that listed each time he or his wife had driven their vehicle over the previous six months and the report was provided to his insurance company.

Many drivers don’t realize that by activating the “safe driver” features the car manufacturer will share their information with data brokers – who then sell the information to insurers. Because the consent to sell this information is buried in fine print, many drivers have no idea they “consented” to the selling of their information.

According to the Times, the profiles compiled by LexisNexis were found to contain detailed data on all trips made by the insured drivers, including start and end times, duration, distance, and all instances of hard acceleration and braking. This data was used to increase insurance premiums. If you drive faster and brake harder than your fellow drivers, you’ll pay more for your coverage, even if you don’t have any accidents.

Data collected by car companies is not secure

Researchers at the Mozilla Foundation deemed cars the worst product category they had ever reviewed in terms of data privacy and information security. 84% of the companies either sell or share data and half of the companies share private information with governmental officials upon request, no warrant required.

Car companies do not keep the data they collect very secure, either. Seventeen of the 25 brands Mozilla looked at had a “bad track record” in the past three years for “leaks, hacks and breaches that threatened their drivers’ privacy.”

Furthermore, the companies create inferences about customers based on the data collected, including characteristics based on the locations you visit, podcasts you listen to, your job and other shared information.

How can you keep your data from being collected and sold?

According to Cars.com and Mozilla, in order to protect your data, you should:

Read the fine print at the dealership.
Look for words like "sell" and "share" and pay attention to who your data is being sold to and shared with.
If the salesperson is entering a lot of information into their computer system, ask to see it.
Don’t let the salesperson walk you through the technology on your new car. Salespeople get commission for signing up customers for connected services and getting you to opt into extra data-sharing systems.
Once you take delivery of the car, review the car settings and the settings on connected mobile apps to opt out of sharing your data.
“Look for settings like " Data Privacy" or " Data Usage." Opt-out of sharing any data with third-parties. But be careful not to opt out of features you want.
Watch for features such as “ Smart Driver " or “ Driving Score .” Check on the car’s infotainment menu and connected phone apps to see what is being collected and shared.
The Mozilla Foundation suggests not using your car’s mobile app, or at least limiting the information it can access on your phone. You can also avoid connecting your phone to your car to stop sharing sensitive data like contacts or texts.
Unfortunately, with new models, there aren’t a lot of ways to minimize data collection. Some models even require the use of an app.
You can request a copy of your own Consumer Disclosure Report from LexisNexis for free , which lets you know what kind of data is being shared without your knowledge.
Privacy4Cars built a useful tool to help consumers learn what kinds of data car companies collect , how that information is collected, and what policies the company has when it comes to privacy and data security. The tool offers advice on how to disable the features, apps and services that share more data than you prefer. It also has a form to request an opt-out from sharing personal data with third parties.

Are Electric Vehicles a Fire Risk?

renerogers@whamandrogers.com (Rene Rogers) — Tue, 13 Aug 2024 13:38:52 GMT

Are Electric Vehicles a Fire Risk?

While more Americans are choosing Electric Vehicles (EVs), many consumers still have concerns over reliability and safety. The powerful batteries that make EVs run are at the center of these fears, with car buyers wondering whether hybrid and electric vehicles pose an increased risk of fire and explosion.

Several recent incidents in Texas have made some Houstonians worried. This July, one of Amazon’s new electric delivery vans caught fire. In March of 2023, a Houston homeowner’s garage went up in flames when the charger for his electric Audi malfunctioned . And just this month, firefighters responded too late to the burning wreckage of a Tesla Cybertruck in a Baytown , where the blaze was so intense that the license plate, VIN and victim could not be identified.

But how common are electric vehicle fires, and are they really more dangerous than other cars? Read on to learn the facts.

Electric Vehicles are Less likely to catch fire

According to the most recent statistics, traditional vehicles with internal combustion engines (ICE) are actually far more likely to catch fire than electric vehicles , but slightly less likely to spontaneously ignite than hybrids.

“Data from the National Transportation Safety Board showed that EVs were involved in approximately 25 fires for every 100,000 sold. Comparatively, approximately 1,530 gasoline-powered vehicles and 3,475 hybrid vehicles were involved in fires for every 100,000 sold.”

Common causes of fire in gasoline-powered vehicles include:

Collisions and wrecks
Excess temperatures in hot climates
Parking on top of flammable materials, like dry grass or autumn leaves
Degradation of fuel lines and gas tanks in older vehicles

But Electric Vehicle fires can be more dangerous

While EV’s are less likely to catch fire, the intensity and duration of electric vehicle fires requires special consideration. Gasoline has a higher energy density than electric vehicle batteries, but the fuel is burned up quickly. Electric batteries have individual cells that store chemical energy, and can continue adding energy to a fire over a longer period of time. In some instances, electric vehicle fires have continued for hours despite intervention from firefighters .

In Korea, a Mercedes with an NMC battery spontaneously ignited inside a parking garage caused severe smoke inhalation symptoms for residents . It’s important to note that the NMC battery used by this vehicle is a different battery chemistry than other Lithium Ion batteries employed by newer Teslas, Toyotas, and Hyundais, and this likely played a role in the ignition.

“The explosion, which occurred in an underground parking garage, caused a fire that burned for eight hours. This incident resulted in significant damage to the building and vehicles, and posed a severe risk to public safety..”

In response, apartment complexes and governments are considering bans on garage parking for electric vehicles – potentially limiting ownership in a country where most people live in dense urban housing.

Compounding the problem are poor regulations and uneven enforcement, with many facilities lacking the automatic sprinkler systems that would be required in the United States.

“My apartment’s management office informed me in late May that electric vehicles were being banned from parking on the premises.”

Combating Electric Battery Fires

Because of the unique challenges battery fires pose, including re-ignition after a blaze appears contained, many fire departments are developing novel techniques. While water is still recommended to prevent the spread of fire beyond the site of ignition, the water can also conduct electricity depending upon the battery chemistry.

In some locations, especially away from municipal water mains, there’s simply not enough water to get the job done. One Tesla continued burning for four hours after 30,000 gallons of water was used. Some first responders are instead utilizing specialized fire suppressing blankets .

Electric Vehicle Fires in Houston

On July 1st, one of Amazon’s electric delivery vans caught fire in a Houston parking lot after being subjected to hours of 98 degree heat . While Houstonians may regard anything under 100 degrees as a mild summer temperature, the pressure can cause battery cells to corrode – both in internal combustion vehicles and in EVs.

Fortunately the fire occurred outside, and HFD firefighters were quick to respond. The delivery vans, manufactured by Rivian, were added to Amazon’s fleet in July of 2023.

How can I protect my family from Electric Vehicle fires?

Understandably, questions about infrastructure availability, longevity, safety and cost are slowing the adoption of electric vehicles. Nevertheless, Americans bought over 1.5 million electric vehicles in 2023, and ERCOT expects that there will be 1 million in Texas alone by 2028 .

Fires remain extremely rare, and more common in gasoline vehicles than in electric vehicles. But, if you wish to protect yourself further, make sure you follow some common sense safety tips.

Make sure you park on clear, clean ground with no flammable material underneath.
Maintain your vehicle and take seriously any warnings about coolant or overheating.
Do not leave your vehicle running inside closed spaces or poorly ventilated areas
Check the health of your battery regularly.

Even if you do not drive an electric vehicle or hybrid, you should still visually inspect your battery for signs of corrosion that might indicate a leak, or irregular swelling – especially in hot summer months.

While fires are rare, Texans' fears of danger in high temperatures are not unfounded. Manufacturers should do more to increase fire safety of their vehicles, increase cell resilience and adopt battery technologies that can tolerate Texas summers.

Intersection Collisions - Why are there so many? How can you protect yourself?

renerogers@whamandrogers.com (Rene Rogers) — Sun, 11 Aug 2024 22:26:46 GMT

What is causing the increase in intersection collisions?

According to The Texas Strategic Highway Safety Plan the following factors cause intersection collisions:

• Failure to yield right of way causes 33% of intersection collisions

• Speed causes 23% of intersection collisions

• Disregarding signals or lights causes 22% of the collisions

• Distraction causes 16% of these crashes

• Impaired driving causes 14% of intersection collisions

Intersection crashes are the second most common type of crash in Texas.

70% of intersection collisions are in urban areas and 33% of the collisions are at signalized intersections.

Of the intersection collisions,

• 11% are rear-end collisions

• 35% are angle crashes

• 28% of the crashes are left turn crashes

• 25% are other types of crashes

How can you and your family stay safe at intersections?

Hanover Insurance has these suggestions to help you avoid intersection collisions:

1. Match speed with visibility at intersections. Always be able to stop your vehicle short of the intersection.

2. Don't assume the other driver will yield to you. Approach all intersections prepared to yield the right of way.

3. Decide what evasive action you will take in the event it becomes necessary. Have your vehicle under control so you can make any necessary maneuvers.

4. Avoid distractions. Look in all directions, then look again.

5. Don't assume that the other vehicle will stop. A traffic control device doesn't physically stop a vehicle—the driver has to apply the brakes.

Go Swerve Driving School has these additional tips on avoiding intersection collisions:

1. Notice your surroundings. Visibility might be impaired by buildings, trees and other cars.

2. Don’t speed through. You can’t always anticipate the other driver’s actions, so go slow enough that you can make an adjustment if it becomes necessary.

3. Don’t follow the vehicle ahead of you too closely through the intersection. This extra space gives you time to react in the event someone pulls out in front of you.

4. Use your turn signals in time to let the other drivers plan for your change, but not so early that it confuses them.

5. Carefully enter intersections. The most dangerous time to enter an intersection is when the light is yellow or has just turned green. Always scan the intersection and traffic from the opposite direction before pulling into the intersection.

If you have been injured in an intersection collision, the attorneys at Wham & Rogers can help. Call 832-592-1108 or text 832-413-1428‬ for a free case evaluation.

Black Boxes and Infotainment Systems: What information can be downloaded following a collision?

renerogers@whamandrogers.com (Rene Rogers) — Sun, 11 Aug 2024 20:50:04 GMT

Most vehicles have downloadable computers with collision related data, such as speed at impact and evasive maneuvers

Most vehicles manufactured after 2012 have downloadable mini computers called Electronic Control Modules (ECMs or “black boxes”).

In the event of an accident, they can record some or all of the following information, much of which can be very relevant in a personal injury lawsuit.

How fast the vehicle was traveling prior to impact.
Whether the driver was actively accelerating or decelerating at the time of the collision.
How hard the driver braked, if at all.
Whether the driver tried to steer away from the other vehicle(s).
Seat belt usage.
Severity of impact (forces of acceleration).
Airbag deployment times.
Near misses (when the vehicles safety system is activated, but no collision occurs).
If the vehicle was moving or stopped before impact.
The order of impact, or who hit whom first.

Newer vehicles might even capture images from onboard backup cameras record GPS coordinates. All of this data can be downloaded with specialized equipment and can be used as evidence in a car crash case.

Infotainment and Telematics Systems

Many newer cars have prominent "infotainment" consoles built into the dash. This can also be a key source of crash information, such as:

Call logs, text messages, social media, and email, if the system is paired to your smartphone
Vehicle events: when doors are opened or closed, lights turned on or off, and when the vehicle is connected to Wi-Fi
Location information: recent destinations, and navigation history
Hard-braking and hard acceleration events

This data can be useful in determining what happened, where it happened, and who was involved. Infotainment systems can record months of data, while event data recorders (black boxes) may only store data for a short period of time before a collision.

Driver Facing Cameras

Some newer vehicles from brands including Tesla, BMW, Jeep and Mini have driver facing cameras. These cameras analyze the driver's head position and interactions with objects, such as phones and passengers. If the driver's behavior is outside of the normal range for too long, the camera may issue a warning.

Footage and images from the driver facing cameras may also be downloadable and used as evidence in car crash litigation.

It is important to retain an attorney as soon as possible following a collision, so that data can be downloaded and preserved. The attorneys at Wham & Rogers can help make sure you are protected following a collision. If you have been in a collision, call 832-592-1108 or text ‪(832) 413-1428‬ for a free consultation.‬

Can Groups of Bicyclists Legally Ride on the Roadway?

renerogers@whamandrogers.com (Rene Rogers) — Fri, 05 Jul 2024 01:12:17 GMT

Yes. Under Texas Law Bike Riders Can Ride Two Abreast in the Roadway

‪

Recently there have been incidents of "road rage" against bicyclists, including a driver throwing roofing nails in the bicyclists' lane of travel, resulting in serious injuries. This has led to discussion on social media about whether groups of bicyclists can legally ride together on a roadway. The answer under Texas law is yes.

Persons operating bicycles on a roadway may ride two abreast in a single lane.

• However, persons riding two abreast may not impede the

normal flow of traffic, and

• Persons may not ride more than two abreast on a roadway.

(Tex. Transportation code Sect. 551.103)

What are the laws governing where bike riders should ride on the roadways?

Texas law requires that a bike rider on a roadway should ride as near as practicable to the right curb or edge of the roadway, unless:

• Passing another vehicle

• Preparing for a left turn

• Avoiding a hazard

• Traveling on a road that is too narrow to share side-by-side with a car

What laws do bicyclists have to follow while on the roadways?

Bicyclists have the rights and duties of other vehicle operators. This means they must:

• Yield to pedestrians

• Stop for stop signs

• Signal turns

• Travel with the flow of traffic.

Share the road and follow the law to keep everyone safe. If you have been injured in a bike collision, Wham & Rogers can help. Call 832-592-1108 or text ‪(832) 413-1428‬ for a free consultation.

Where Can E-Scooters Legally be Operated?

renerogers@whamandrogers.com (Rene Rogers) — Sun, 23 Jun 2024 04:43:58 GMT

Where can e-scooters legally be operated?

E-scooters are becoming more prevalent. Especially during summer months, children and teens ride e-scooters on the roadways, sidewalks and pathways.

You have likely read reports of near misses, with users of e-scooters reportedly crossing intersections without looking and pulling out in front of cars in parking lots. And you may also have seen reports of speeding motorists failing to notice e-scooters in crosswalks and almost

hitting them.

Finally, you may have seen debates over whether e-scooters should be allowed on pathways, sidewalks or roadways. While some pathways are marked as “no motorized vehicles permitted”, most parents don’t want their children to ride e-scooters on the roadways. So, where are children legally allowed to use an e-scooter?

Where can an e-scooter legally be operated per Texas law?

A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less.
A motor-assisted scooter may, however, cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk, if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk, unless local ordinances provide otherwise.

In summary, e-scooters are only allowed on roads with speed limits of 35 miles per hour or less. However, roadways with higher speed limits can be crossed by e-scooters at crosswalks. And e-- scooters are permitted on streets (with a 35 mph or less speed limit) and sidewalks, UNLESS a

county or city enacts ordinances to the contrary. E-scooters are also allowed on pathways e xclusively for bicycles.

What is The Woodlands’ position on motorized scooters and e-bikes on Pathways?

The Woodlands Township prohibits motorized vehicles of any type on the pathways. The Township takes the position that it owns the pathways, so it can make the rules governing the use of pathways.

“While Texas legislation provides that electric scooters and gas scooters with engines less than 40cc may be ridden on public thoroughfares, this law only extends to counties and municipalities. The pathways in The Woodlands do not fall into this category; they are owned by The Woodlands. Therefore, motorized vehicles are prohibited from using the pathways.”

Can The Woodlands Township enforce its ban of motorized scooters and e-bikes on the pathways?

Residents of the Woodlands often ask whether the Township can enforce its rules on the use of pathways. The Township is a special purpose government district with limited authority and can only establish and enforce rules on property it owns (Township parks, pathways, pools, facilities and recreation centers) in accordance with its enabling legislation. Montgomery County provides law enforcement and traffic regulation, but does not participate in the enforcement of covenants. The Woodlands Township can enforce its covenants by sending notices of violations and even filing suit, but cannot issue traffic tickets.

Will the Woodlands Change its ban on motorized vehicles on the pathways?

In January of 2024, The Woodlands Township considered whether to change its policy on e-bikes and declined to do so:

“….a number of issues surround the possibility of allowing e-bikes on pathways and trails in The Woodlands, such as monitoring speed, filing incident reports and verifying the class of motorized vehicles on the trails. Another issue with allowing e-bikes on trails within The Woodlands is due to the density of trees along pathways with wide variation in terrain and trail width, he said.”

Regardless of your position on whether e-scooters should be allowed on pathways, it is important that those operating e-scooters wear helmets and be taught to follow safety rules to ensure their safety and the safety of pedestrians.

If you or a family member has been injured on or by an e-bike or e-scooter, the experienced personal injury attorneys at Wham & Rogers can help you.

Call 832-592-1108 for a Free Consultation.

Where Can You Legally Ride Your E-Bike in Texas?

renerogers@whamandrogers.com (Rene Rogers) — Thu, 20 Jun 2024 14:19:17 GMT

Where Can You Legally Ride Your E-Bike In Texas?

What are the laws in Texas governing E-bikes?

In Texas, laws governing bicycles also govern e-bikes. However, the bicycle laws only apply when the e-bike is used on the highway or on a path set aside exclusively for bicycles. (Section 551.001.) Like nonmotorized bikes, e-bikes must follow all vehicle laws, stay as close to the right shoulder on the roadway as safely possible, unless turning left or passing, and riders may ride two abreast.

Bike and e-bike riders may only ride on the seat of the bike and may not carry more people than the bike is designed or equipped to carry. (Section 551.102) It’s important to note that a parent or guardian may not knowingly permit a child to violate bicycle laws. (Section 551.001).

What regulations can a local authority make regarding E-bikes?

A local authority may not prohibit the operation of an e-bike on a highway used by motor vehicles (Section 551.106).

A local authority may NOT prohibit the operation of an e-bike where a nonelectric bike is permitted, UNLESS the path is not open to motor vehicles AND as a natural surface tread made by clearing and grading the native soil without adding surfacing materials (such as a dirt pathway in a park).

A local authority may prohibit the operation of a bike (and e-bike) on a SIDEWALK and can establish speed limits for bikes on pathways. In other words, if a bicycle is allowed on a pathway (unless it is unpaved) e-bikes are allowed as well. However, local authorities may prohibit ALL bikes on sidewalks, if they choose to do so.

What type of e-bikes are allowed on the roadways?

The State of Texas transportation code lists three types of e-bikes:

Class 1: partially human-powered with a speed limit of 20 mph
Class 2: primarily motor-powered with a speed limit of 20 mph
Class 3: partially human-powered with a speed limit of 28 mph

How old do you have to be to operate an E-bike?

A person may not operate a Class 3 electric bicycle, as defined by Section 664.001, unless the person is at least 15 years of age.

What is The Woodlands' position on Electric bikes on Pathways?

The Woodlands Township prohibits motorized vehicles of any type on the pathways. The Township has stated, “While Texas legislation provides that electric scooters and gas scooters with engines less than 40cc may be ridden on public thoroughfares, this law only extends to counties and municipalities. The pathways in The Woodlands do not fall into this category; they are owned by The Woodlands . Therefore, motorized vehicles are prohibited from using the pathways. The only exceptions are motorized wheelchairs and the pathway maintenance vehicles.”

In January of 2024, The Woodlands Township considered whether to change its policy on e-bikes and declined to do so : “Township Chief Operations Officer Chris Nunes said a number of issues surround the possibility of allowing e-bikes on pathways and trails in The Woodlands, such as monitoring speed, filing incident reports and verifying the class of motorized vehicles on the trails. Another issue with allowing e-bikes on trails within The Woodlands is due to the density of trees along pathways with wide variation in terrain and trail width, he said.”

If you or a family member has been injured on or by an e-bike, the experienced personal injury attorneys at Wham & Rogers can help you.

Call 832-592-1108 for a Free Consultation.

Dangerous Roads in Spring, Texas

renerogers@whamandrogers.com (Rene Rogers) — Tue, 11 Jun 2024 05:23:53 GMT

Why are roads which traverse Spring, Texas so deadly?

You may be surprised to learn that several of the most dangerous roads in the country run

through Spring, Texas.

I -45 South from Dallas to Galveston has been named the second most deadly road in the country

by Teletrac Navman, a fleet management software company. Interstate 45 had 0.913 deaths per

mile of highway, and the deadliest city is Houston, TX with 92 deaths during the study period.

According to Budget Direct, the deadliest road in the USA is Interstate 45, with 56 fatal accidents for every 100 miles . R oads on which many residents of Spring, Texas commute are among the most dangerous.

Tomball Parkway (249) between Antoine Drive and W. Greens Road is the third deadliest section of road in Texas. There was an average of 3.2 fatal accidents per mile during the study period. I-45, between Airtex Drive and TX 249, is the 6th deadliest road, with an average of 2.4 fatal accidents per mile during the study period. It was ranked the 6th deadliest road.

The number one factor in traffic fatalities is speed, according to the Texas Department of

Transportation. The second is impaired driving, either alcohol or drugs, and the third is distracted driving.

Speed

Speeding endangers motorists, road work crews, bicyclists, and pedestrians. Speeding heightens

the risk of causing or being involved in a life-threatening crash. Speeding increases the chances

of losing control of the vehicle, increases stopping distance, reduces the driver’s reaction time,

and increases crash severity , according to the Texas Department of Transportation.

You can protect yourself not only by obeying speed limits, but by also by watching the traffic

around you and driving defensively.

Impaired driving

According to the Texas Department of Transportation, in the ten-year period from 2012 to 2021,

more than 37 percent of traffic fatalities in Texas involved drivers impaired by alcohol or drugs .

The majority of these fatalities occurred between 2 a.m. and 3 a.m. on Saturday or Sunday.

Of course, impaired drivers are on the roads at all hours; however, you can decrease your risks of

being struck by an impaired driver by staying off the roads in the late night or early morning hours

of Saturday and Sunday.

Distracted Driving

Crashes happen quickly so the ability to respond timely can save lives. All distractions —

talking, texting, eating, applying makeup, checking your nav system, or turning the radio dial —

can be dangerous.

How you can protect yourself and your family

Always give driving your full attention
Pull off the road entirely and come to a complete stop before you talk or text
Put your phone away or turn it off while driving
Drive defensively – if you see a distracted driver, move away from them.

If you are involved in a collision, Wham & Rogers can help. Call 832-592-1108 or text

832- 413-1428‬ for a free consultation.

How Do I Get My Texas Accident Report?

renerogers@whamandrogers.com (Rene Rogers) — Tue, 28 May 2024 02:54:36 GMT

Requesting Your Woodlands, Texas Crash Report After a Wreck:

There are several ways to get your Woodlands, Texas crash report following an accident:

You can download your crash report from the Texas Department of Transportation. Crash Reports can be located using the driver’s name, driver license number, vehicle VIN, or the Crash ID number provided to you by the officer. You will be charged $6 for a non-certified copy and $8 for a certified copy. Click here to request your TXDOT Accident Report.
You can submit a public information request to Montgomery County by providing the case number, date of occurrence, type of incident, location and information on the parties involved. Click here to request your Montgomery County accident report.
You can obtain your report in person at the Montgomery County Sheriff’s Office Records Division located at #1 Criminal Justice Drive, Conroe TX 77301

What information is included on the crash report?

As the person involved in the accident, you can obtain the full or “non-redacted” version of the

report. The non-redacted report will include the location of the accident, the description of the

accident, the findings of fault by the officer and the insurance information for all parties

involved. You will be required to complete an affidavit online to certify your involvement in the

crash in order to obtain the non-redacted report when ordering the report from TXDOT.

If you are not the person involved in the accident, you will only be able to obtain a redacted

version of the report. The redacted report will have all personal information, including phone

numbers, addresses and dates of birth removed. Insurance information may also be removed.

When will my crash report be available?

The Montgomery County Sheriff’s department often has crash reports available in several days,

although depending upon the complexity of the collision, it can take as long as 14 days or more.

Why is the insurance company waiting for the crash report to be available before accepting

liability?

If the other driver tells their insurance company that you were at fault, the insurance company

may not accept liability for the accident until the insurance company reviews the crash report.

Who can see my crash report?

Anyone can complete a public information for information on your accident. The public

information response will contain the date, time and location of the accident, the responding

officer’s name and incident number. Personal information, such as addresses, and driver’s

license numbers will be redacted.

Non-redacted crash reports can also be ordered by insurance companies, certain media outlets

and vehicle storage facilities.

Obtaining crash reports is just one of the ways we help our clients following a collision. If you

have been injured in a collision, Wham & Rogers will evaluate your case for free . Call 832-592-

1108 and talk to a lawyer today,

Construction Injuries and Workers' Comp

Fri, 17 May 2024 19:49:13 GMT

Board Certified Attorney explains Workers' Comp claims in Texas

I've been injured on the job. How can I sue for a workplace injury?

The first question to ask if you're injured on a construction site is whether your employer carries Workers' Compensation coverage. If they do, the amount of money you can recover may be limited.

How much does Workers' Comp pay in Texas?

Workers' Compensation pays injured workers according to a formula based on the State Average Weekly Wage (SAWW) . While it can be easier to collect than private insurance, the total compensation is much lower, often not enough to support the worker through medical treatment and unemployment.

Because it limits their liability, most employers in Texas will choose to carry Workers' Compensation coverage. But when they don't, that employer is considered to be a non-subscriber .

What if my employer does not carry Workers' Compensation coverage?

If your employer is a non-subscriber, you have the right to recover for all the damages that were suffered, instead of having the more limited recovery that's provided by the Workers' Compensation Act.

Contact us for a free consultation experienced Spring, Conroe and The Woodlands personal injury attorney today, or call us at (832) 592-1108 .

How can I sue a trucking company? - Woodlands Attorney Video

Thu, 16 May 2024 18:38:57 GMT

Woodlands and Spring Truck Injury Lawyers

I had a client ask me recently, "With no witnesses to this crash, and with different stories coming from each side, how can we prove what actually happened? "

With the right expertise and the right resources, it's actually possible to do that.

How do trucking companies react after an 18 wheeler accident?

When there's a major collision, generally speaking, there will be an investigation at first by police officers and sometimes state troopers who report to major crashes, especially fatality investigations. Also, in many instances when a commercial vehicle is involved, investigators hired by the corporation involved in the crash will go to the scene to investigate.

What should my lawyer do to investigate a trucking collision?

If you are fortunate enough to obtain legal representation early on, your attorneys will also send people to the scene to gather data.

Investigators look for skid marks, tire marks, debris fields from the vehicles that collided. They also look for gouge marks where pieces of metal came into contact with the asphalt. And they map out precisely where all those points are with surveying equipment so they have all the data points.

What data does an 18 wheeler record after a crash?

All modern vehicles, have something called an electronic control module (ECM) or an electronic data recorder. Those are similar to the black box in an airplane. In a passenger car, the triggering event for the ECM is usually an airbag deployment.

In a commercial vehicle like an 18-wheeler, many times the triggering event is a hard braking event, such as when the truckers slams on the brakes or just when the truck slows down abruptly. The computer will record a snapshot going back in time anywhere from five seconds to about a minute and record everything that the vehicle was doing.

What evidence is useful to my trucking accident lawsuit?

The speed when the driver hits the brakes can be useful. It is also helpful to know if the driver was using cruise control, wearing a seat belt, steering and if so, what angle?

When you get all that data downloaded and you have all the surveying points mapped out, you can take that data and plug it into a computer program and back everything up from the impact point. Using the computer data and points mapped out on the road, you can figure out precisely what happened.

You can establish as a fact what happened and take out the " he said, she said " element of the case.

Do I need a truck accident attorney?

Quickly retaining an experienced truck accident attorney is absolutely critical . The trucking companies and their insurers have teams of lawyers and experts who immediately start investigating and building their case. You need someone on your side to make sure the real facts of the case get recorded.

Call Wham & Rogers

Wham & Rogers, PLLC are highly experienced truck accident lawyers in Spring, The Woodlands, Conroe and Houston. We have the skills and expertise you need to win your 18 wheeler collision case. Please call us at (832) 592-1108 for a free consultation, or submit your information here .

Protecting your family after a fatality - Woodlands Wrongful Death Attorney

renerogers@whamandrogers.com (Rene Rogers) — Tue, 30 Apr 2024 20:07:37 GMT

How to find a Woodlands wrongful death attorney

The first step you should take is to hire an experienced wrongful death attorney. Losing a family member to violence or an accident is a staggering blow. It can be hard to know what steps to take and how to protect your family. Wham & Rogers offers experienced, compassionate representation to families suffering from the wrongful death of a spouse, parent or child.

If your spouse, parent or child has suffered a fatal injury in an accident or due to the violent act of another, it is important to retain an experienced wrongful death attorney as soon as possible so the attorney can gather and preserve critical evidence before it is destroyed.

What damages are recoverable in a wrongful death lawsuit?

Economic damages , such as medical bills, funeral expenses, lost wages and loss of household services can be recovered in a wrongful death claim.

Non-economic damages such as emotional pain and suffering, loss of companionship, and mental anguish are recoverable.

Punitive damages may be awarded in cases where the person causing the death acted with malice or gross negligence. These damages are designed to punish the wrongdoer and to act as a deterrent to others who may engage in the same wrongful behavior.

How long do I have to make a claim for wrongful death?

As a general rule, the statute of limitations for wrongful death is two years from the date of the negligence resulting in the fatality . This means you will have two years from the date of the negligence to file suit. However, it is advisable to retain a wrongful death attorney as soon as possible since it is important to gather evidence before it is destroyed.

Which family members have a right to file a wrongful death claim?

The surviving spouse, children and parents of the person who died has a right to bring a wrongful death claim. If the spouse, children or parents don’t bring the wrongful death claim, then the executor or administrator of the estate has the right to bring the wrongful death claim.

What is a survival claim?

If your family member did not die immediately, a personal injury claim may be filed for treatment expenses and each beneficiary of the estate may receive a portion of the recovery.

Who can be held responsible for the wrongful death of my family member?

A person who negligently, recklessly or intentionally caused the death of a person may be held responsible. Examples of wrongful death claims include trucking and automobile collisions, medical negligence, products liability, on the job injuries, and deaths due to inadequate security of premises.

How do you prove a wrongful death case in Texas?

In Texas, you must prove that a legal duty owed to the deceased was breached, causing the wrongful death. For example, there is a legal duty to operate a truck in accordance with the traffic laws in Texas. If the truck driver is speeding or fails to keep a proper lookout causing a wrongful death, that duty is breached and the trucking company may be liable for the wrongful death.

How do I pay for a wrongful death lawsuit?

The attorneys at Wham & Rogers handle wrongful death cases on a contingency basis. This means that you do not have to pay us unless there is a monetary recovery in the wrongful death claim.

The attorneys at Wham & Rogers are experienced in handling wrongful death claims with skill, kindness and compassion.

Please call 832-592-1108 , or text 832-413-1428 for a free consultation.

I've been injured. Why won't my doctor see me?

renerogers@whamandrogers.com (Rene Rogers) — Tue, 30 Apr 2024 19:55:20 GMT

I’ve been injured. Why won’t my primary care doctor or any other doctor see
me?

We receive calls daily from injured people who can’t find a doctor to treat them. Their primary

care physician won’t see them, and they can’t find an orthopedic specialist who will see them.

Sometimes, doctors walk out of the examination room once they find that the patient was in an

accident . Why is this happening?

There are a number of reasons doctors do not want to see injured patients.

Delays in payment by health insurance companies:

Health insurance companies may take the position that the patient’s auto insurance personal injury protection coverage is primary and should pay before the health insurance pays. Doctors do not want to wait to be paid until after this issue is sorted out. Health insurance may not pay until subrogation (right to be reimbursed) issues are taken care of, so that the health insurance company knows it will be paid back from any settlement.

Harassment by auto insurance companies:

Doctors who treat injured patients have become a target of auto insurance companies. Insurance defense attorneys send extremely burdensome, overly broad depositions on written questions (questionnaires) requiring the doctors to dig through years of data about payments received for treating injured patients.

Auto insurance companies have also sued doctors who treat injured people, accusing them of fraud, conspiracy and the like. Auto insurers accuse doctors of performing unneeded treatment and/or overcharging for treatment. Auto insurers also retain “hired guns” to testify against treating doctors, criticizing the treating doctor’s every decision, even though the “hired gun” has never seen the patient.

Why do insurance companies use these tactics? They want to make it harder for people

to receive treatment so they can pay less to injured claimants and increase insurance

company profits.

How can I find a doctor to treat me following my accident?

The attorneys at Wham & Rogers can help facilitate prompt medical treatment for you. Sometimes it is just a matter of letting the health insurance company know their subrogation interests (right to be reimbursed) will be protected. We can also help injured clients access their personal injury protection coverage to pay some of their medical bills.

If you have been injured and are having trouble finding a doctor to treat you, please give Wham & Rogers a call at 832-592-1108 or text 832-413-1428 for a free consultation.

What Should I Do After an 18 Wheeler Collision? - Woodlands Truck Accident Attorney

Mon, 22 Apr 2024 20:07:34 GMT

I was hit by a semi-truck. What should I do?

Each year, 600 Texans are killed and 10,000 more are injured in trucking collisions.

After a trucking crash, quick action is required. The trucking companies have legal teams ready to act after a crash occurs. They immediately send experts to the crash site, photographing and measuring the roadway and interviewing the witnesses.

So if you or a loved one is injured or killed in a trucking collision, letters requiring preservation of evidence should be sent immediately to the trucking company and to its insurers. Your lawyer should retain experts to perform computerized mapping of the crash site and to download the electronic control module of the 18-wheeler.

And then after that, a qualified trucking liability expert should be retained to address the federal safety regulations that are critical to handling a truck crash claim.

If you've been hit by a truck or commercial vehicle in The Woodlands, Spring or Conroe, you need an experienced attorney on your side. Please give us a call at (832) 592-1108 for a free consultation, or submit the contact form here.

18 Wheeler Crashes - Truck Accidents in Texas

renerogers@whamandrogers.com (Rene Rogers) — Wed, 17 Apr 2024 18:07:09 GMT

Hurt by an 18 wheeler? You will need an experienced truck accident lawyer

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.

Auto Pedestrian Collisions in The Woodlands - Attorney Video

renerogers@whamandrogers.com (Rene Rogers) — Sat, 13 Apr 2024 23:25:18 GMT

Auto-Pedestrian Collisions and Traffic Rules in The Woodlands, Texas

The pathways and trails in The Woodlands are a wonderful resource. There are over 200 miles of trails and pathways to explore. We are often asked who has the right of way on these pathways and at the pedestrian intersections.

You will notice that there are stop signs on the pathways. Pedestrians and bicyclists must obey these signs when they come to an intersection. Pathway users should always stop and look both ways before crossing the intersection and should always wait for the walk light to be illuminated. before proceeding.

Unless the walk light is illuminated, the driver has the right of way at intersections which are controlled by signals. However, if there is a pedestrian in the crosswalk as the driver is proceeding through the intersection, drivers must always stop and yield to the pedestrian if possible.

Too often, drivers make a quick right turn or a rolling stop without checking for pedestrians who are beginning to cross with the walk light. Drivers turning right on red should always stop and look for pedestrians on the corners waiting to cross. Pedestrians with the walk light have the right of way.

Because we have flashing yellow turn signals at intersections in The Woodlands, this creates additional risk. This means that drivers may be turning left across crosswalks when pedestrians have the walk light and the right of way. This is particularly dangerous because the driver attempting to turn left is looking ahead for a break in the traffic and often proceeds quickly through the intersection. The driver turning left on the flashing yellow light may not even be aware that pedestrians can cross while they are making a left turn.

Pedestrians should be looking for drivers making left-hand turns and drivers should watch not only for oncoming vehicles, but also for pedestrians crossing that intersection.

If you or someone you know has been injured in an auto pedestrian collision, contact Wham & Rogers for a free consultation.

How to Choose a Personal Injury Attorney

Tue, 09 Apr 2024 10:55:56 GMT

How to Choose a Personal Injury Lawyer

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 .

Auto or Pedestrian: Who has the Right of Way?

renerogers@whamandrogers.com (Rene Rogers) — Tue, 09 Apr 2024 09:07:31 GMT

Auto/ Pedestrian – Who has the right of way?

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.

Unless the walk light is illuminated, the driver has the right of way at intersections which are controlled by signals.

However, if there is a pedestrian already in the crosswalk when the driver is beginning to proceed through the intersection, the driver must stop and yield to the pedestrian.

Drivers turning right on red must yield to pedestrians.

Too often, drivers make a quick right turn or a rolling stop without checking for pedestrians who are beginning to cross with the walk light. Drivers turning right should always stop and look for

pedestrians on the corners waiting to cross. Those pedestrians with the walk light have the right of way.

Drivers turning left on a flashing yellow light must also yield to pedestrians crossing with an illuminated walk light.

Drivers may be turning left across crosswalks when pedestrians have the “walk” light and therefore the right of way. This is particularly dangerous because the driver attempting to turn left is

looking ahead for a break in the traffic and often proceeds quickly through the intersection.

Pedestrians should be looking for drivers making left hand turns and drivers making a left hand turn

on yield should watch not only for vehicles, but also for pedestrians crossing the intersection.

If you or a family member has suffered an auto-pedestrian injury, contact Wham & Rogers for a free consultation.

What can I get paid for damage to my car?

renerogers@whamandrogers.com (Rene Rogers) — Wed, 14 Feb 2024 17:49:36 GMT

Understanding Auto Insurance and Vehicle Damage in Texas

I can't replace my car with the amount the insurance company wants to pay m e. Don’t they have to pay me enough to buy the same type of car?

The insurance company has to pay you what your car is worth, not what it costs to buy a similar car. Because cars depreciate the moment they are driven off the lot, you will not be paid the purchase price on even a new car.

Is there anything I can do to get the insurance company to pay me more for my car?

Yes. You can ask the insurance company for the “comparables” they are using to establish the value of your vehicle. You may find that the insurance company is using vehicles with higher mileage or fewer upgrades. You can point out these discrepancies to the insurance company.

You can also find your own comparables and provide those to the insurance company. The insurance companies will generally negotiate with you and increase their offer somewhat if you are able to

provide documentation to support your value.

Doesn’t the insurance company have to give me a rental car? The other driver was at fault but their insurance company will only reimburse me for the rental charges after I pay for the rental and provide receipts.

Unfortunately, they can do this. Even large carriers are starting to follow this practice. The problem is, of course, that you have to incur these charges upfront and you may have to pay a rate higher than the rate the insurance company wants to reimburse you for. Because of the volume of their rentals, insurance companies can often get discounts from rental car companies that are not available to consumers.

You may have to pay a higher rate, but the insurance company may offer to reimburse you only for the lower rate that is available only to them. You are entitled to loss of use (rental) but it’s very expensive to go to court to battle the insurance company over the excess rental charges, only. Therefore, if you spend a lot on a rental, you may have an out of pocket loss.

I don’t have the check for my totaled car yet and the insurance company is telling me I have to return the rental car. Can they do that?

Yes. Typically, insurance companies will pay for a rental (loss of use) for 72 hours after your vehicle is determined to be totaled. This means you may not have time to replace your vehicle before the rental car must be turned in. Under Texas law you are only entitled to loss of use on a

vehicle that is repairable.

The bank is telling me that I still have to make payments on my totaled car because I owed more than the car was worth. Do I have to make payments on a car that I no longer have?

If you are “upside down” in you car (you owe more in payments than the car is worth), you could be left holding the bag if it’s totaled. That is why it is so important to buy gap insurance if you have a loan on your car. Gap insurance is designed to make up the shortfall in the event your car is totaled.

The driver who hit me was an "excluded driver". What do I do?

More and more often we are hearing about “excluded drivers” in Texas. Insurance companies are issuing policies leaving off spouses who have a bad driving record and teen drivers. Too often the owners of these vehicles let the excluded driver drive the car and the excluded driver causes an accident.

You can sue the owner and driver in this situation, but the insurance company is not going to pay and you are very unlikely to collect anything. You will likely have to use your own collision or uninsured motorists coverages.

I let an excluded driver drive my car and they caused a wreck. Does my insurance company have to pay for the damage?

Most probably not. You should NEVER let an excluded driver drive your car.

The insurance company will only pay for one week of storage fees, but my vehicle was in storage for a month. What do I do?

Typically, insurance companies will only pay for storage for a week or two. If you owe storage fees and do not pay them, after a period of time the storage lot can sell your car for salvage.

That is why it is important to have your vehicle moved to the insurance company’s lot as soon as you can . The vehicle should be moved to the lot for the company which is adjusting the damages.

What is diminished value and how do I recover it?

If your car has been in a collision, it is worth less than before it was wrecked, even after it has been repaired. If your car is repairable, you are entitled to make a diminished value claim against the at fault driver’s insurance company. If you are at fault, your insurance company will

not pay you diminished value damages.

These factors determine what an insurance company will pay you for diminished value:

The age of your vehicle;
The mileage of your vehicle;
The cost of your vehicle;
The cost of repairs; and,
Whether your car has been wrecked before.

The newer your vehicle is and the worse the damage in relation to the value of the vehicle, the higher your diminished value will be. If your vehicle is older with high mileage, minor damage and prior collisions, your diminished value will be lower.

At Wham & Rogers, we guide our personal injury clients through the property damage process. If you have sustained a serious injury in an accident, call us at 832-592-1108 for a free consultation .

What To Do After a Car Accident

Mon, 05 Feb 2024 20:20:29 GMT

Important Steps to Protect Yourself and Your Rights

Stay calm , and ensure the safety of all involved. If there are no life-threatening injuries and you need to move your vehicle out of traffic to a safer spot, do so safely with your hazard lights on.
Call 911 and report the accident . If you are in pain, stunned, dazed, bleeding, or feeling hurt in any way, then tell them you want an ambulance. If the ambulance crew says you should go to the hospital, follow their advice.
Respectfully exchange contact and insurance information with the other driver. Take pictures of the other driver’s license, registration, and insurance card. Do not accept offers to “take care of it” with cash – they could still file a claim against you later, and you might miss out on necessary funds for medical expenses. If the other driver refuses to provide their information or begins to leave the scene, take a picture of their license tag.
If you are able to get out of the car, take photos of the property damage and the positions of the vehicles on the roadway . If there are any witnesses, try to get their name, phone, and email address for later reference. If your phone can take video, you may wish to record these statements with the witness’ permission.
After giving your report to the police, drive your vehicle home if you can do so safely, or have it towed. Sometimes your insurance will cover towing expenses.
Contact an attorney specializing in auto accidents , and allow them to guide you in reporting the accident to insurers. Wham & Rogers PLLC will advise you for free and help you understand your rights, protect you from being taken advantage of by the insurance company, and guide you through the claims process.
Schedule a medical appointment , even if you feel healthy – some injuries do not present until later. If you do not get medical records immediately after an accident, you may limit your ability to claim damages for any future surgeries or disability.

If you or someone you know has been in a car accident, or if you simply have questions, please contact our experienced Woodlands, Spring, Conroe and Houston car accident attorneys today. Click here for a free consultation , or call us at (832) 592-1108 .

Deadly Lemonade? Product Safety and Wrongful Death Lawsuits

Sat, 30 Dec 2023 04:02:40 GMT

Two wrongful death lawsuits have been filed against Panera Bread Co.

Everyone expects caffeine in coffee, black tea and energy drinks. They might not expect it in their lemonade.

On October 9th, a 46 year-old man allegedly died as a result of drinking too much caffeine. His drink of choice was the "Charged Lemonade" beverage served by the Panera Bread company. The Florida man suffered a heart attack while returning home from the restaurant, after consuming a total 1,170 milligrams of caffeine in three servings of the drink . The man's family subsequently filed a wrongful death lawsuit.

Several factors will be considered by the court when assessing the company's liability:

Labeling : Was it sufficiently clear that the drink contained large quantities of caffeine? If not, an individual who would normally avoid energy drinks might mistakenly believe the drink was safe for them.
Precedent : Was the company already aware of medical problems arising from excessive caffeine consumption in their restaurants, including previous deaths attributed to this drink?
Pre-existing Conditions : Was there something about the deceased's own health or physiology that casts doubt on caffeine as a cause of death?

Unfortunately, this is not the first death blamed on Panera's "Charged Lemonade." A previous wrongful death lawsuit in Philadelphia prompted Panera to add in prominent warnings to the drink. In that case, a 21-year-old woman with a diagnosed heart condition died after consuming just one large serving of the caffeinated drink on September 22nd. Her family maintains she avoided caffeine due to her condition, and would not have ordered the lemonade had she known.

A question the courts will consider is whether Panera took sufficient action when informed their drink was linked to a recent death. The plaintiffs may argue that the company should have stopped serving the drink while investigating.

The Panera Bread Company will likely respond that, even well above the recommended limits, deaths caused by caffeine are exceedingly rare: one study identified only 92 cases where caffeine was the sole cause of death , and many of those came not from beverages but from dubious weight-loss products. They will likely say that the deaths had more to do with the victim's own medical history and less to do with the drink.

This is not the first wrongful death lawsuit concerning caffeine. The Monster Energy Company previously paid a cash settlement over claims that they did not adequately warn customers, particularly young teenagers, about the dangers of excessive caffeine consumption. This settlement was later put into jeopardy, however, when Monster alleged the plaintiff's violated the confidentiality agreement associated with the settlement.

Wrongful death lawsuits arising from unsafe products are not limited to food, drink, and supplements. Vehicles , exercise equipment, electronics and medical devices can all result in death if not responsibly tested and designed. Although there have been incidents where user error and unreasonable behavior have led to fatalities, many manufacturers seek to save costs by cutting corners on build quality, ignore negative results from safety testing, or avoid necessary product recalls in cases where it would hurt their profit margins .

Because some accidents are the result of both unsafe product design and human error, juries will consider the manufacturer's proportionate responsibility . For example, in a $200 million lawsuit against Toyota, a Texas jury found that the car company was 95% responsible for the injuries sustained by the plaintiffs. In another Texas product safety lawsuit, Audi was apportioned 55% of the responsibility for a life-altering injury suffered by an 11-year-old child , with the drivers bearing the remaining 45%.

Wrongful death lawsuits can never heal a grieving family's pain, but they play an important role in holding companies accountable for safety and quality. If a loved one has died because of an unsafe product, please speak to our Woodlands wrongful death attorneys today .

Fatal 18-Wheeler Accident in Tomball

Sun, 17 Dec 2023 05:09:10 GMT

Collision involving oversized load kills passenger, injures several

On Thursday, December 14th, an 18-wheeler's oversized load collided on FM-2978 in the Houston-area suburb of Tomball. According to Lt. Simon Cheng of the Harris County Sheriff's Office, the tractor trailer failed to complete the turn and had begun to reverse for a second attempt when the SUV was impacted.

Tragically, a man in the back passenger side of the vehicle was killed. While details for this case are still emerging, oversized loads on commercial trucks are frequently implicated in deadly accidents. Texas has seen 563 truck accidents leading to death in 2023 alone . Driver fatigue and inadequate training can contribute to fatal truck accidents, but the sheer size of many 18-wheeler loads creates unusual and unpredictable situations for other drivers.

Texas law sets standards for police escorts, flagger vehicles and other safety measures that may be required of 18-wheelers with oversized loads. Failure to adhere to these standards often leads to tragic, avoidable deaths on Texas roadways. In addition to the possibility of criminal charges, drivers, trucking companies, and insurers can face severe civil penalties, including wrongful death lawsuits, if they do not take adequate precautions.

If you would like to speak to a board-certified attorney about an 18-wheeler or semi-truck accident in the Greater Houston Area, please call (832) 592-1108 .

Understanding Common Product-Related Injuries and Seeking Help

Thu, 30 Nov 2023 23:12:43 GMT

Understanding Common Product-Related Injuries

In our fast-paced consumer-driven world, the prevalence of products in our daily lives is undeniable. From household appliances to children's toys, we rely on a vast array of items to simplify tasks and improve our quality of life. However, despite stringent safety standards and regulations, product-related injuries remain a concerning reality for consumers worldwide.

It is important for consumers to understand the risks of dangerous or defective products and know how to seek help in the event of an injury. This information could be crucial for consumers to safeguard their legal rights and pursue recovery when an injury occurs.

In the article below, the Houston personal injury lawyers at Wham & Rogers explore product-related injuries, their causes, and how consumers can get help. If you have questions, please call us at (832) 592-1108 .

Common Causes of Product-Related Injuries

The landscape of product-related injuries encompasses diverse categories of goods, each posing unique risks to consumers. Whether it's the malfunction of an everyday household appliance or the unforeseen dangers in children's toys, these incidents underscore the critical importance of understanding the risks associated with the products we use regularly.

Product-related injuries can occur for many reasons, such as:

Defective Products: Many injuries stem from defective products, such as malfunctioning electronics, faulty automobile parts, or poorly manufactured goods. These defects can cause severe injuries, ranging from burns and cuts to more catastrophic incidents like electrocution or explosions.
Unsafe Consumer Goods: Items designed for daily use, such as kitchen appliances, furniture, or tools, may pose risks due to design flaws or inadequate warnings. For instance, unstable furniture can lead to falls, while kitchen appliances might cause burns or cuts if not properly designed or used.
Toys and Recreational Products: Children's toys and recreational equipment, if poorly constructed or containing hazardous materials, can result in various injuries. These injuries may include choking hazards, blunt force trauma, or poisoning from toxic materials.
Pharmaceutical and Medical Devices: Adverse reactions to medications or complications arising from defective medical devices can lead to severe health issues, necessitating medical attention.

What Injuries are Most Commonly Reported in Product Liability Claims?

Product liability claims encompass a wide range of product-related injuries. Some of the most commonly reported injuries in these cases include:

Burns and Scalds: These injuries often result from defective appliances, such as malfunctioning ovens, coffee makers, or faulty electrical devices. Consumers may sustain burns due to overheating, electrical issues, or improper insulation.
Cuts and Lacerations: Defective tools, kitchen gadgets, or sharp edges on furniture can lead to cuts and lacerations. Poorly designed or manufactured products may have exposed sharp edges or parts that break unexpectedly, causing injury.
Head and Traumatic Brain Injuries (TBIs): Falls caused by defective furniture, malfunctioning ladders, or faulty safety equipment can result in head injuries or TBIs. These injuries can have severe and lasting consequences.
Bone Fractures and Sprains: Defective sports equipment, children's toys, or poorly constructed furniture can lead to falls, resulting in bone fractures or sprains.
Choking and Asphyxiation: Inadequately labeled or designed toys or small parts in consumer products can pose choking hazards, particularly for young children.
Electrocution and Electrical Injuries: Malfunctioning electronics, faulty wiring in appliances, or defective power tools can lead to electrical shocks or electrocution.
Poisoning and Toxic Exposure: Defective or contaminated products, including medications, cosmetics, or household chemicals, can cause poisoning or toxic exposure leading to health complications.
Crush Injuries: Poorly designed or malfunctioning heavy machinery, automotive parts, or equipment can cause crush injuries, often in industrial settings or accidents involving vehicles.
Internal Injuries: Defective medical devices or pharmaceuticals may cause internal injuries, organ damage, or adverse reactions, requiring medical intervention.
Psychological and Emotional Trauma: In some cases, product-related incidents can lead to psychological distress, post-traumatic stress disorder (PTSD), anxiety, or depression, especially in cases involving severe injuries or fatalities.

These injuries highlight the diverse nature of product-related incidents, emphasizing the need for comprehensive safety measures and stringent quality control in the design, manufacturing, and distribution of consumer goods.

Steps Consumers Can Take to Seek Help

Consumers who suffer injuries due to a dangerous or defective product can take several steps to begin safeguarding their rights and wellbeing. Consumers can do the following:

Immediate Actions after an Injury: Ensure the safety of yourself and others around you. Address any injuries promptly by seeking medical assistance. Retain the product and any related documentation, receipts, or packaging as evidence.
Report the Incident: Contact the manufacturer or seller. Inform them about the incident, providing details of the injury and the product involved. Inform relevant consumer protection agencies or regulatory bodies about the incident.
Document and Gather Information: Keep records of medical treatments, expenses, and any correspondence related to the incident. Document the product's model, serial number, and any relevant purchase information.
Stay Informed and Educated: Keep abreast of consumer safety news and recalls through official channels or news outlets. Share information with family and friends to raise awareness about potential risks.
Legal Recourse: Seek legal advice from a specialized attorney experienced in product liability cases. Familiarize yourself with consumer protection laws and regulations applicable to your situation.

Consumers should remain vigilant, stay informed about product recalls and safety alerts, and take appropriate steps to prevent potential injuries. Additionally, seeking legal guidance and support is essential for individuals affected by product-related injuries to pursue justice and fair compensation.

Get Legal Help with Product-Related Injuries

Product-related injuries can have a profound impact on consumers' lives, causing physical, emotional, and financial hardships. Understanding the types of injuries that can occur and knowing how to seek help in such situations is vital. Consumers who have questions or concerns about product-related injuries can get the help they need by contacting Wham & Rogers. Our team has more than 60 years of combined experience helping injury victims obtain justice.

Get a free case evaluation with one of our Houston personal injury lawyers by calling us at (832) 592-1108, or by completing our online contact form .

Understanding HIPAA in Texas: Privacy, Protection, and Personal Injury Claims

Wed, 22 Nov 2023 18:13:14 GMT

Understanding HIPAA and Personal Injury Claims in Texas

This article is for information purposes only. Our firm does not handle HIPAA violation cases.

The Health Insurance Portability and Accountability Act (HIPAA) stands as a cornerstone of patient rights and confidentiality within the healthcare system in Texas and across the United States. Enacted in 1996, HIPAA safeguards sensitive patient information, ensuring its confidentiality, integrity, and availability.

Understanding HIPAA's role in protecting patients' privacy and its implications in personal injury claims is crucial for both healthcare providers and individuals navigating legal proceedings. In the article below, The Woodlands personal injury lawyers at Wham & Rogers explain HIPAA laws in Texas and how HIPAA could factor in to a personal injury claim.

An Overview of HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) emerged as a response to growing concerns regarding the privacy and security of individuals' health information in the United States. Enacted by Congress in 1996, HIPAA aimed to address several key issues. One primary focus was to enhance the portability and continuity of health insurance coverage for workers when they changed or lost their jobs, ensuring they wouldn't lose coverage due to pre-existing conditions or other factors.

HIPAA's Title II, often referred to as the Administrative Simplification provisions, introduced regulations that revolutionized healthcare privacy and security. These provisions established national standards for the protection of individuals' electronic protected health information (ePHI) and created rules to safeguard the privacy of health information while allowing for the necessary flow of data for healthcare services. HIPAA's evolution and subsequent amendments have continuously emphasized the importance of patient privacy, security, and the responsible handling of sensitive health data within the healthcare ecosystem.

HIPAA in Texas: Protecting Patient Privacy

In Texas, HIPAA's principles govern the handling of patients' health information by healthcare providers, health plans, and healthcare clearinghouses. This legislation safeguards Protected Health Information (PHI), encompassing a patient's medical records, treatment history, billing information, and any data that could identify an individual's health condition.

HIPAA establishes strict guidelines to maintain the confidentiality of PHI. It grants patients specific rights, including the right to access their medical records, request corrections, and control the disclosure of their health information. Moreover, healthcare entities must adhere to stringent security standards, implementing measures to safeguard ePHI from unauthorized access or breaches.

Protection of Patient Rights under HIPAA

HIPAA's primary objective is to protect patients' privacy while facilitating necessary healthcare interactions. It ensures that healthcare providers and relevant entities maintain the confidentiality of patient information unless explicit consent is granted or specific situations outlined in the law permit disclosure. Key components of HIPAA include:

Privacy Rule: The Privacy Rule establishes national standards to protect individuals' medical records and other personal health information (PHI). It outlines the permissible uses and disclosures of PHI by covered entities, ensuring patient consent for most disclosures and defining patients' rights concerning their health information.
Security Rule: The Security Rule sets standards for protecting electronic PHI (ePHI). It requires covered entities to implement administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and availability of ePHI.
Breach Notification Rule: This rule requires covered entities to notify affected individuals, the Department of Health and Human Services (HHS), and, in some cases, the media, about breaches of unsecured PHI.
Enforcement Rule: HIPAA includes provisions for the enforcement of its rules, outlining penalties for violations. The Office for Civil Rights (OCR) within the Department of Health and Human Services oversees HIPAA compliance and investigates complaints.

Entities that must abide by HIPAA rules include:

Healthcare providers (hospitals, doctors, clinics)
Health plans (health insurance companies, government health programs)
Healthcare clearinghouses
Business associates (third-party vendors or contractors who handle PHI on behalf of covered entities)

In personal injury claims, law firms and related parties would be considered business associates. Therefore, these parties would need to abide by HIPAA rules when handling PHI.

We do not handle HIPAA violation cases. We do not handle cases involving property damage without injury.

HIPAA and Personal Injury Claims

In personal injury cases, HIPAA plays a significant role in accessing medical records and information pertinent to the claim. While the law prioritizes patient privacy, it also allows for the disclosure of medical records and information relevant to legal proceedings, subject to certain conditions.

When pursuing a personal injury claim in Texas, individuals may need access to their medical records to substantiate their claims. HIPAA permits the disclosure of medical information during legal proceedings through proper channels, such as subpoenas or court orders. Healthcare providers can share relevant records to assist in the legal process while adhering to HIPAA guidelines.

However, individuals filing a personal injury claim must often sign a release allowing their healthcare providers to share specific medical information with authorized parties involved in the legal proceedings. This release typically specifies the type of information to be disclosed and the entities permitted to access it, ensuring compliance with HIPAA regulations.

HIPAA Compliance and Legal Proceedings

Healthcare providers involved in personal injury claims must navigate the delicate balance between patient confidentiality and legal requirements. They must ensure compliance with HIPAA while cooperating with legal entities handling the case.

Entities requesting medical records for a personal injury claim must follow HIPAA guidelines, including providing a valid authorization from the patient or obtaining a court order or subpoena. Failure to adhere to HIPAA regulations while accessing or disclosing PHI can result in severe penalties for healthcare providers and legal repercussions for unauthorized access to patient information.

Learn More about HIPAA and Your Personal Injury Claim

HIPAA stands as a vital safeguard protecting patients' privacy and confidentiality. Its guidelines ensure the security and privacy of sensitive health information while allowing necessary disclosures for legal proceedings like personal injury claims.

We do not handle HIPAA violation cases. We do not handle cases involving property damage without injury.

How do Child Support, Tax Liens and Bankruptcy Affect my Personal Injury Case?

Thu, 16 Nov 2023 22:08:25 GMT

Understanding Finances and Personal Injury Cases

Child support, tax liens, and bankruptcy are complex financial matters that can significantly impact a personal injury case. When pursuing compensation for injuries sustained due to someone else's negligence, various factors come into play, and these financial obligations can influence the outcome of your case.

Understanding how child support, tax liens, and bankruptcy may intersect with your personal injury claim is crucial to navigate the legal complexities involved. To help you understand and navigate these financial elements, the Spring personal injury attorneys at Wham & Rogers offer a helpful guide below.

Understanding Finances and Personal Injury Cases

In the intricate landscape of personal injury cases, the interplay between finances and legal compensation stands as a pivotal factor that can significantly impact the outcome of a claim. The pursuit of justice and restitution for injuries sustained due to the negligence of others is often entangled with various financial considerations, from outstanding debts to tax obligations and familial support responsibilities.

From the intricate web of child support payments, which may encroach upon settlements, to the looming impact of tax liens that can diminish rightful compensation, and the intricate maze of bankruptcy proceedings affecting the allocation of settlements - each financial facet holds the potential to significantly alter the trajectory of a personal injury case. Below, we explore each of these financial elements.

How Does Child Support Affect a Personal Injury Case?

Child support is a legal obligation that parents have to support their children financially. When involved in a personal injury case, outstanding child support payments can affect any settlement or award received. In many states, unpaid child support can result in wage garnishment, property liens, or even incarceration. Courts prioritize child support payments, and if you owe back payments, your settlement might be subject to deductions to cover these arrears.

Upon winning a personal injury case, the opposing party might place a lien on your settlement to satisfy unpaid child support. This means that a portion or the entirety of your settlement could be allocated to cover these outstanding obligations before you receive any compensation. It's crucial to address any child support arrears before reaching a settlement to mitigate potential reductions in your compensation.

How Do Tax Liens Affect a Personal Injury Case?

Tax liens are legal claims imposed by the government when individuals fail to pay their taxes. These liens create a security interest in your property, including any settlement or award received from a personal injury case. The Internal Revenue Service (IRS) or state tax agencies can place a lien on your settlement to recover unpaid taxes. This can significantly diminish the amount of compensation you receive, as the government will prioritize satisfying tax debts over your personal injury claim.

In cases involving tax liens, negotiating with the IRS or state tax authorities before finalizing a settlement can be beneficial. Working with tax professionals or attorneys experienced in tax law can help in negotiating the reduction or removal of tax liens, potentially preserving a more substantial portion of your settlement for your personal injury compensation.

How Does Bankruptcy Affect a Personal Injury Case?

Bankruptcy is a legal proceeding that allows individuals or businesses to seek relief from overwhelming debt. If you've filed for bankruptcy or are in the process of doing so when pursuing a personal injury claim, it can affect the outcome of your case. Depending on the type of bankruptcy filed, the treatment of your personal injury settlement can vary.

Chapter 7: Chapter 7 Bankruptcy, often referred to as liquidation bankruptcy, involves selling non-exempt assets to repay creditors. Certain assets might be exempt, and upon completion, most unsecured debts are discharged, offering a fresh financial start.
Chapter 13: Chapter 13 Bankruptcy permits individuals with a regular income to devise a repayment plan over three to five years to pay off all or part of their debts. Debtors can retain their assets while adhering to the court-approved plan.
Chapter 11: Chapter 11 Bankruptcy is primarily used by businesses, allowing for reorganization to restructure debts and operations while continuing business operations under court supervision.
Chapter 12: Chapter 12 Bankruptcy is tailored for family farmers or fishermen, offering debt adjustment and a reorganization plan akin to Chapter 13, allowing these family-owned businesses to manage debts while continuing their operations.

Navigating personal injury cases while dealing with bankruptcy requires legal expertise to ensure the protection of your rights and assets. Consulting with both a personal injury attorney and a bankruptcy attorney is advisable to understand how bankruptcy proceedings might affect your compensation and financial obligations.

How a Personal Injury Attorney can Help Protect your Finances

There are certainly financial considerations that may impact your personal injury case. However, a personal injury attorney can be instrumental in safeguarding your finances in several ways when you are dealing with an injury claim. Here are some ways that a skilled Spring personal injury attorney can help you protect your finances:

Maximizing Compensation: A skilled personal injury attorney will assess the full extent of your injuries and losses, ensuring that all relevant damages, including medical expenses, lost wages, pain and suffering, and future costs, are factored into the compensation claim. This helps maximize the financial recovery you're entitled to.
Negotiating with Insurance Companies: Insurance companies often aim to settle claims for the lowest possible amount. A seasoned attorney understands these tactics and will negotiate aggressively on your behalf, aiming for a fair settlement that adequately covers your present and future financial needs resulting from the injury.
Understanding Legal Procedures: Personal injury cases involve complex legal procedures and deadlines. An attorney can guide you through the legal process, ensuring that all necessary paperwork is filed correctly and within the stipulated timeframes. Missing deadlines or making legal errors could jeopardize your case and financial recovery.
Handling Communication: Dealing with insurance adjusters or other parties involved in the case can be overwhelming and potentially detrimental if you inadvertently say something that harms your case. A personal injury attorney will handle all communication on your behalf, protecting your interests and preventing any statements that might be used against you.
Litigation Support: In case negotiations fail and your case proceeds to trial, having a skilled attorney by your side becomes even more critical. They will represent you in court, presenting your case persuasively and advocating for your best interests to secure the compensation you deserve.
Dealing with Liens and Debts: If you have outstanding medical bills or liens against your settlement, an attorney can negotiate with medical providers or lienholders to potentially reduce these obligations, ensuring that you receive a more substantial portion of your settlement.

The right personal injury attorney will act as your advocate, using their legal expertise to protect your financial interests, ensure you receive fair compensation, and navigate the complexities of the legal system, ultimately aiming to secure the best possible outcome for your case.

Get Help with Your Personal Injury Case

If you have questions about a potential or ongoing personal injury case, contact Wham & Rogers today. Our skilled Spring personal injury attorneys can help you focus on your recovery without the stress of navigating legal or financial complexities on your own. We have more than 60 years of combined experience helping injury victims obtain the compensation they deserve.

Not only are we skilled attorneys, but we are also fierce advocates for your wellbeing – now and in the future. Knowing that we are handling your case can provide peace of mind during this challenging time. Let us help you with your personal injury case by calling us for a free consultation at (832) 592-1108, or by reaching out to us online .

Cinco Ranch Bicycle Death Highlights Importance of Driver and Pedestrian Awareness at Crosswalks

Fri, 03 Nov 2023 20:44:26 GMT

Importance of Driver and Pedestrian Awareness at Crosswalks

Crosswalks, those simple stripes painted on the road, serve as the unsung heroes of our urban landscapes. These seemingly ordinary markings play a pivotal role in ensuring the safety of both pedestrians and motorists. However, for their potential to be fully realized, driver and pedestrian awareness at crosswalks is of paramount importance.

This concept is being highlighted after a recent bicycle accident that claimed the life of a Cinco Ranch High School student. In the article below, the Conroe bicycle accident lawyers at Wham & Rogers discuss the recent tragedy, along with the significance of awareness between drivers and pedestrians at crosswalks. We will also explore how awareness can foster safer and more harmonious coexistence on our roadways.

Anyone who is injured in a bicycle accident, or has lost a loved one, should contact Wham & Rogers to learn more about their legal rights and options for pursuing justice and compensation. Call us today at (832) 592-1108.

Fatal Bicycle Accident at Crosswalk

According to Katy Magazine , the Cinco Ranch student was bicycling near the crosswalk of Mason Road near the Katy ISD Creech Elementary School. While riding, the 14-year-old was struck by a vehicle and was killed as he entered the crosswalk. Reports suggest no skid marks or other indications that the driver slowed down or attempted to brake before hitting the teenager. The driver, a 20-year-old man, reportedly remained on the scene. He was arrested and is facing felony charges.

The Crosswalk: A Lifeline for Pedestrians

Crosswalks are much more than just painted lines on the pavement. They are the lifelines for pedestrians and cyclists, providing them with a secure passage across busy streets and intersections. These simple yet crucial markings are designed to reduce the risks associated with crossings. Without them, pedestrians and cyclists would be left to navigate a chaotic and hazardous environment on their own.

In urban areas, where foot traffic is a daily occurrence, crosswalks serve as a vital tool for city planning, contributing to the overall wellbeing of the community. The establishment of crosswalks helps prioritize pedestrian safety and encourages more people to choose walking as a mode of transportation. This, in turn, reduces traffic congestion and supports environmental sustainability.

Driver Awareness: A Vital Component

One of the cornerstones of crosswalk safety is driver awareness. Motorists must remain vigilant and attentive to the presence of crosswalks and pedestrians or cyclists who may be using them. Drivers are not only responsible for their own safety but also have a duty of care towards those who rely on the safety of crosswalks to cross the road.

The significance of driver awareness at crosswalks cannot be overstated. Distracted, impatient, or inattentive drivers pose a considerable risk to pedestrians and cyclists. Failing to yield the right of way at crosswalks can have severe consequences, ranging from minor accidents to tragic incidents involving serious injury or loss of life.

One way to improve driver awareness at crosswalks is through public education and awareness campaigns. Drivers should be reminded of the importance of yielding at crosswalks and the legal obligations that accompany this responsibility. Law enforcement agencies can also play a crucial role in enforcing traffic regulations and penalizing those who disregard the rights of pedestrians at crosswalks.

Pedestrian Awareness: A Two-Way Street

While driver awareness is essential, pedestrian and cyclist awareness is equally important. Pedestrians and cyclists must be mindful of their surroundings and their responsibilities when using crosswalks. A lack of awareness or complacency can lead to accidents or even tragedy. Crosswalks are not absolute shields; they are only as safe as the behavior of those who use them.

Pedestrian and cyclist awareness at crosswalks includes:

Making Intentions Clear: Pedestrians and cyclists should make their intention to cross the road clear to drivers by extending their arm and making eye contact, if possible. These signals help drivers understand the pedestrian's intent and plan their actions accordingly.
Avoiding Distractions: Pedestrians and cyclists should refrain from using mobile devices, headphones, or engaging in any other activities that might divert their attention from the traffic around them. Being fully present and attentive is crucial for their own safety.
Abiding by Traffic Signals: Many crosswalks are equipped with signals or traffic lights. Pedestrians and cyclists should obey these signals, crossing only when they receive the appropriate signal or when the road is clear.
Timing and Patience: It is vital for pedestrians and cyclists to wait for the right moment to cross, even if they have the right of way.

The Mutual Benefit of Awareness

A fundamental aspect of crosswalk safety is the symbiotic relationship between driver and pedestrian awareness. When both drivers and pedestrians are aware and respectful of each other's needs and rights, crosswalks become safe, efficient, and stress-free conduits for pedestrians and motorists alike.

For drivers, increased awareness at crosswalks can result in:

Reduced Accidents: Driver awareness leads to fewer accidents involving pedestrians at crosswalks, making roads safer for everyone.
Compliance with Traffic Laws: Drivers who are aware of their responsibilities at crosswalks are more likely to comply with traffic laws, reducing the risk of fines and penalties.
Improved Reputation: Cities and communities with a reputation for safe pedestrian crossings are more appealing and can attract more residents, businesses, and visitors.

For pedestrians, increased awareness at crosswalks can lead to:

Enhanced Safety: When pedestrians are aware of their surroundings and traffic rules, they can confidently use crosswalks without fearing accidents.
Increased Confidence: Awareness and adherence to safety guidelines empower pedestrians to take control of their own safety.
Encouragement of Walking: Safe crosswalks promote walking as a sustainable and healthy mode of transportation, contributing to overall community health and reduced traffic congestion.

The importance of driver and pedestrian awareness at crosswalks cannot be overstated. These deceptively simple markings on the road are pivotal to the safety and harmony of our urban environments. By fostering mutual awareness, we can create a safer and more pleasant coexistence between drivers and pedestrians at crosswalks. It is a shared responsibility, and by working together, we can ensure that crosswalks truly fulfill their vital role in our communities.

The Role of Technology and Infrastructure

Technology and infrastructure improvements also play a crucial role in enhancing driver and pedestrian awareness at crosswalks. These enhancements can include:

Pedestrian Signals: Installing pedestrian signals at crosswalks can improve safety by clearly indicating when it is safe to cross.
Speed Reduction Measures: Implementing speed limits and traffic calming measures in the vicinity of crosswalks can give drivers more time to react to pedestrians.
Reflective Markings: Adding reflective paint or materials to crosswalks makes them more visible, especially in low-light conditions.
Warning Signs: Installing warning signs in advance of crosswalks can alert drivers to the presence of pedestrian crossing points.
Pedestrian Islands: Creating pedestrian islands in the middle of wider roads can provide a safe refuge for pedestrians crossing in two stages.

Get Help after a Pedestrian or Bicycle Crosswalk Injury

If you or someone you love has been injured in a crosswalk while walking or cycling, it is important to speak with a Conroe bicycle accident lawyer as soon as possible. Pedestrians and cyclists injured due to the negligence or recklessness of a driver may be entitled to compensation for their injuries and related costs. A skilled lawyer can help victims protect their rights and obtain the compensation they deserve.

At Wham & Rogers , our Conroe personal injury lawyers have been helping injury victims for more than 30 years. Our experience specializing in personal injury law provides our clients with valuable resources and strong, capable legal representation.

Find out how we can help you after a pedestrian or bicycle accident by calling us at (832) 592-1108 , texting us at (832) 413-1428 , or by completing the contact form on our website. We are available to assist you with a free consultation in person, or via videoconference.

How Does Medicare Affect a Personal Injury Case?

Fri, 27 Oct 2023 21:32:36 GMT

How Does Medicare Affect a Personal Injury Case

Personal injury cases can be complex legal matters, and when Medicare is involved, the complexity can increase significantly. Medicare, a federal health insurance program for individuals aged 65 and older and for certain younger individuals with disabilities, plays a crucial role in healthcare in the United States. However, its involvement in a personal injury case can have far-reaching implications for both the injured party and the liable party.

Below, the Houston personal injury attorneys at Wham & Rogers delve into the various ways in which Medicare can affect a personal injury case. We will explore medical expenses, liens, and how a skilled personal injury attorney can help you navigate this aspect of a personal injury claim.

If you have questions about a personal injury matter, call us at (832) 592-1108 for a free case evaluation . We do not handle cases involving property damage without injury.

Medical Expenses and Medicare Coverage

When an individual is injured due to the negligence of another party, they often require medical treatment to recover. In personal injury cases, the injured party can seek compensation for their medical expenses, which can include doctor's visits, surgeries, rehabilitation, and other necessary healthcare costs.

Medicare can affect a personal injury case in several ways. Firstly, if the injured party is a Medicare beneficiary, their medical expenses may be partially or fully covered by Medicare. This coverage can be a significant factor when calculating the damages owed to the injured party. The liable party may argue that they should not be responsible for medical expenses already covered by Medicare, which can potentially reduce the compensation awarded to the injured party.

Conditional Payments and Liens

Medicare operates a system known as conditional payments, which means it may cover an injured party's medical expenses temporarily, with the expectation of reimbursement if a settlement or judgment is reached in a personal injury case. These conditional payments are essentially loans from Medicare to the injured party and can create a lien on any potential settlement or judgment amount.

This lien, often referred to as a Medicare lien or Medicare subrogation interest, represents the amount of money Medicare expects to be repaid from the personal injury settlement or judgment. It is crucial to consider these liens when negotiating a settlement, as failure to address them properly can lead to legal consequences and significant financial burdens on the injured party.

Reporting Requirements

Medicare has strict reporting requirements for personal injury cases. The Medicare Secondary Payer (MSP) Act mandates that Medicare be notified when a personal injury claim is filed. Failing to adhere to these reporting requirements can result in significant penalties.

The injured party, their attorney, or the responsible party's attorney must report the claim to Medicare through the Centers for Medicare and Medicaid Services (CMS). Timely and accurate reporting ensures that Medicare is aware of the case and can potentially assert its right to recover conditional payments made on behalf of the injured party.

Coordination of Benefits

In personal injury cases, the injured party may also have private health insurance coverage in addition to Medicare. This situation creates the need to coordinate benefits, as Medicare is the secondary payer in such cases. Private insurance is typically the primary payer, covering the medical expenses first, while Medicare may cover costs that the primary insurance does not.

However, if the private insurance company recovers funds from the personal injury settlement or judgment, it may affect the overall compensation the injured party receives. Navigating the coordination of benefits and ensuring that the injured party is not left with significant out-of-pocket expenses requires careful attention and expertise.

Protecting the Injured Party's Interests

Given the intricacies and potential pitfalls associated with Medicare's involvement in personal injury cases, it is essential to protect the interests of the injured party. This involves careful negotiation, thorough documentation, and an understanding of Medicare's requirements and regulations.

An experienced personal injury attorney can help the injured party navigate the complex terrain of Medicare involvement, ensuring that their rights and interests are safeguarded. This may include negotiating with Medicare to reduce conditional payments, addressing Medicare liens, and maximizing the injured party's compensation while minimizing the financial impact of medical expenses.

Getting Help with a Personal Injury Case Involving Medicare

Medicare's involvement in personal injury cases adds a layer of complexity to an already intricate legal process. Understanding how Medicare can affect a personal injury case is essential for injured parties. The best way to explore this aspect of a personal injury case is to work with a skilled personal injury attorney.

At Wham & Rogers, our Texas personal injury attorneys are adept at navigating these complexities. We know how to recognize and overcome challenges in personal injury cases to ensure that your rights and interests are protected. No matter how complicated your case may seem, we can successfully guide you to fair compensation for your injuries.

Learn more about your rights and legal options relating to a personal injury by calling (832) 592-1108. Our Board Certified personal injury attorney can help you determine the best options for justice and maximum compensation. Call us for a free consultation , or reach out to us online .

We do not handle cases involving property damage without injury.

How to Open an Insurance Claim After an Auto Accident

Fri, 20 Oct 2023 19:52:27 GMT

How to Open an Insurance Claim After an Auto Accident

Auto accidents are an unfortunate reality of modern life, and the aftermath can be stressful and confusing. One of the first steps you need to take after an accident is to open an insurance claim. Doing this correctly can make the process smoother and help you get the compensation you deserve.

In this guide, the Spring car accident lawyers at Wham & Rogers will walk you through the steps to open an insurance claim after an auto accident. Using this guide will help ensure that you are well-prepared for the process ahead. If you have questions or concerns after an auto accident, call us at ( 832) 592-1108 to speak with one of our lawyers.

A Guide to Opening an Insurance Claim After an Auto Accident

The things you do immediately after an auto accident factor into any insurance claims or legal actions you may take later. Take a look at our recommendations for what to do after an accident, particularly relating to insurance claims.

Prioritize Safety

Before diving into the insurance claim process, ensure that everyone involved in the accident is safe. If there are injuries, call 911 immediately. You can file an insurance claim later, but human lives are irreplaceable.

Gather Information at the Scene

Once you've ensured safety, gather as much information as possible at the accident scene. This includes:

Exchange contact information with all parties involved, including names, addresses, and phone numbers.
Document the other driver's insurance information.
Take pictures of the accident scene, including damage to all vehicles, road conditions, and traffic signals.
Get the names and contact information of any witnesses.
Record the responding police officer's name and badge number.

This information will be invaluable when filing your insurance claim.

Notify Your Insurance Company

Contact your insurance company as soon as possible. Most insurance policies require you to report an accident within a specific timeframe, typically within 24 to 72 hours. Failure to do so may result in your claim being denied. When you call your insurance company, have all the information you gathered at the scene ready.

Be prepared to provide the following details to your insurer:

Date, time, and location of the accident.
A brief description of the accident.
The names and contact information of the other parties involved.
The police report number, if applicable.
Understanding Your Coverage

Before moving forward with your claim, it is important to understand your insurance coverage. Different types of coverage can come into play when making an insurance claim after an auto accident, including:

Liability Coverage: This covers damages you cause to others in an accident.
Collision Coverage: This covers damage to your vehicle in a collision, regardless of who is at fault.
Comprehensive Coverage: This covers damage to your vehicle caused by events other than collisions, such as theft, vandalism, or weather-related incidents.
Personal Injury Protection (PIP) or Medical Payments (MedPay): These cover medical expenses for you and your passengers after an accident, regardless of fault.
Uninsured/Underinsured Motorist Coverage: This provides protection if the at-fault driver doesn't have insurance or doesn't have enough coverage to pay for your damages.

Knowing your coverage will help you understand what your insurance company will pay for, and what you might be responsible for.

Filing a Claim

After reporting the accident to your insurance company, they will guide you through the claims process. This often involves the following steps:

Claims Adjuster: Your insurance company will assign a claims adjuster to your case. This person will be responsible for assessing the damage, speaking with involved parties, and making a determination about your claim.
Estimate and Inspection: You may be required to get an estimate for vehicle repairs. Your insurance company may recommend a specific repair shop or give you the option to choose your own. The claims adjuster will review the estimate and negotiate with the repair shop.
Rental Car: If your vehicle is not drivable, or while it's being repaired, your insurance policy may cover the cost of a rental car. Check with your insurance company for details on rental car coverage.
Settlement Offer: Once the claims adjuster has gathered all the necessary information, they will provide a settlement offer. This offer will outline the amount the insurance company is willing to pay for your damages. You have the right to negotiate if you feel the offer is insufficient.
Finalizing the Claim: After accepting the settlement offer, your insurance company will issue payment for your damages. This may include repair costs, medical bills, and other expenses related to the accident.

Dealing with the Other Driver's Insurance

If the other driver was at fault, their insurance company will also be involved in the claims process. You should contact their insurance company to initiate a claim. Be prepared to provide the same information you shared with your insurer, including the police report, contact information, and accident details.

The other driver's insurance company will conduct its own investigation and may also request estimates for vehicle repairs. They will make a settlement offer to cover your damages. Remember that you have the right to negotiate and consult with your own insurance company if the other driver's insurance is uncooperative or if their offer is insufficient.

You also have the right to speak with a car accident lawyer before agreeing to any settlement amount. It is especially important to speak with a lawyer if you have injuries, as traditional insurance coverage may not adequately cover your medical expenses or related losses.

Working with a Spring Car Accident Lawyer

Opening an insurance claim after an auto accident can be a complex and time-consuming process. However, with the right information and proper guidance, you can navigate it successfully. Working with a Spring car accident lawyer at Wham & Rogers is a great way to ensure that your insurance claim proceeds in your best interests.

With the help of our skilled lawyers, you can work through the insurance claim process efficiently and maximize your chances of receiving fair compensation for your auto accident-related expenses. Learn more about how we can help with your insurance or personal injury claim with a free consultation . Call us at (832) 592-1108 , or contact us via our website form .

Lost Wages and Loss of Earning Capacity in Personal Injury Cases

Sat, 14 Oct 2023 17:54:12 GMT

Lost Wages and Loss of Earning Capacity in Personal Injury Cases

Personal injury cases can be financially and emotionally devastating for victims. When an individual suffers injuries due to someone else's negligence or intentional actions, they are often entitled to compensation for various damages, including medical expenses, pain and suffering, and loss of income.

In this article, the Houston personal injury lawyers at Wham & Rogers will explore two critical components of financial recovery in personal injury cases that are often underrepresented - lost wages and loss of earning capacity. These are two important elements of a victim’s life that could be changed irrevocably after an injury. Call Wham & Rogers at (832) 592-1108 to learn more about damages you may qualify for if you are injured.

Lost Wages and Loss of Earning Capacity

What an individual makes or is capable of making is only one part of their overall being. But for most of us, it is an important part of maintaining financial stability and the ability to plan for the future and provide for our families. That’s why it is so important to consider these two types of damages that may be awarded in a personal injury claim.

Lost Wages

Lost wages refer to the income that a victim would have earned had they not been injured in the accident or incident that led to their personal injury case. It is important to note that lost wages can encompass various forms of income, including salary, hourly wages, bonuses, and other benefits. Here's how lost wages are typically calculated:

Current Lost Wages: The most straightforward aspect of lost wages calculation is the income the victim has already lost due to their inability to work. This is relatively easy to calculate based on the victim's employment records, including pay stubs and tax returns.
Future Lost Wages: When injuries result in long-term or permanent disability, the victim may be unable to work in the same capacity as before. In such cases, the calculation becomes more complex. An expert, often an economist, may be consulted to determine the potential earnings the victim would have received over their lifetime had the injury not occurred. This includes factors such as salary growth, expected career advancement, and inflation.
Mitigation: The injured party is also expected to make reasonable efforts to mitigate their losses by seeking alternative employment or pursuing vocational rehabilitation if possible. Failure to mitigate can affect the amount of compensation awarded.

Loss of Earning Capacity

Loss of earning capacity differs from lost wages in that it pertains to the victim's ability to earn income in the future, taking into account the impact of their injuries. This concept recognizes that an injury may limit or even prevent the victim from engaging in their previous profession or career. Here's how loss of earning capacity is typically determined:

Medical Assessments: Medical experts play a significant role in assessing the extent of the victim's injuries and the expected limitations they will face in the future. This information is crucial for estimating the impact on their earning capacity.
Vocational Expert Opinions: Vocational experts are often consulted to evaluate the victim's work history, skills, and abilities. They can provide insights into how the injuries may affect the victim's ability to perform their job or seek new employment.
Economic Analysis: Economists use a combination of factors, including the victim's age, occupation, projected career trajectory, and the severity of the injury, to calculate the potential loss of earning capacity. They can also consider factors like inflation, discount rates, and retirement age.
Present Value: The projected loss of earning capacity is usually converted into a present value, representing the value of future income streams in today's dollars.

Importance of Expert Testimony

In personal injury cases, both lost wages and loss of earning capacity require expert testimony to establish the extent of the financial damages. Medical professionals, vocational experts, and economists can provide vital insights that help the court or negotiating parties understand the full scope of the victim's financial losses.

Other Types of Damages in Personal Injury Cases

In personal injury cases, lost wages and loss of earning capacity are crucial components of the victim's financial recovery. But they are not the only type of damages that are often awarded to victims. Here are some common damages awarded in personal injury claims:

Economic Damages

Medical Expenses: This includes compensation for past and future medical bills related to the injury, such as hospitalization, surgeries, doctor's visits, prescription medications, rehabilitation, and medical equipment.
Property Damage: If the injury resulted in damage to the victim's property, such as a car in a motor vehicle accident, they can seek compensation for repair or replacement costs.
Rehabilitation Costs: In cases where the injured party requires ongoing therapy, physical or occupational rehabilitation, or counseling, the cost of these services can be covered.
Household Services: If the victim is temporarily or permanently unable to perform household tasks or chores due to the injury, they may be compensated for the cost of hiring help.
Transportation Expenses: Expenses related to traveling for medical appointments or other necessary services can be included in economic damages.

Non-Economic Damages

Pain and Suffering: This category includes compensation for physical pain, emotional distress, and psychological suffering resulting from the injury. The amount awarded can vary significantly based on the severity of the injury and its impact on the victim's life.
Emotional Distress: Victims can seek compensation for the emotional and psychological trauma they experienced as a result of the injury, such as anxiety, depression, and post-traumatic stress disorder.
Loss of Consortium: In cases where the injury has negatively impacted the victim's relationship with their spouse or family members, damages may be awarded to compensate for the loss of companionship, affection, and support.
Loss of Enjoyment of Life: This damage category accounts for the loss of the victim's ability to participate in activities and hobbies they enjoyed prior to the injury.
Disfigurement or Scarring: If the injury resulted in permanent physical disfigurement or scarring, victims may receive compensation for the negative impact on their appearance and self-esteem.
Loss of Reputation: In certain cases, damage to a person's reputation due to the injury can be considered when awarding compensation.
Punitive Damages: In rare cases, punitive damages may be awarded to punish the at-fault party for particularly egregious conduct and to deter similar behavior in the future.

To understand the full extent of the damages a victim may be entitled to, individuals pursuing a personal injury claim should consult with an experienced attorney who can provide guidance and legal expertise.

Get Help with Your Personal Injury Case

If you are considering filing a personal injury lawyer, it is important to work with a skilled Houston personal injury lawyer. While valuing some damages may be fairly straightforward – such as medical expenses - the complexities of lost wages and loss of earning capacity requires the knowledge and experience of a skilled legal team.

At Wham & Rogers, we are more than just personal injury lawyers. We are fierce advocates for victims and their legal rights. Our Board-Certified personal injury attorney has recovered millions of dollars for victims of negligence. If you are suffering an injury, we can help!

Get started with a free consultation by calling us at (832) 592-1108 , or by completing our online contact form .

Texas Truck Accident Statistics: A Comprehensive Analysis

Fri, 06 Oct 2023 01:38:49 GMT

Texas Truck Accident Statistics

Texas, with its vast road network and bustling economic activity, has long been a hotspot for transportation and logistics. However, the state's extensive roadways also bring challenges, particularly when it comes to truck accidents.

Truck accident statistics in Texas, and throughout the United States, reveal a complex and often alarming picture of road safety. This article aims to provide a comprehensive analysis of these statistics, shedding light on the causes, consequences, and potential solutions to reduce truck accidents.

If you have been injured in a truck accident, the truck accident attorneys at Wham & Rogers can help. Contact our office in The Woodlands for a free consultation .

Overview of Truck Accident Statistics in Texas

Texas has consistently ranked among the states with the highest number of truck accidents in the United States. In 2023, the statistics continue to reflect this trend:

Total Truck Accidents: As of the latest available data, Texas recorded a total of 12,542 truck accidents in 2023. This includes accidents involving commercial trucks, semi-trucks, tractor-trailers, and other large vehicles.
Fatalities: Tragically, 563 people lost their lives in truck accidents in Texas during 2023. This accounts for approximately 12% of all traffic-related fatalities in the state for the year.
Injuries: The number of injuries resulting from truck accidents in Texas is staggering, with 8,710 individuals suffering various degrees of harm. These injuries range from minor to severe, often causing lifelong physical and emotional trauma.

Leading Causes of Truck Accidents in Texas

Understanding the root causes of truck accidents is crucial for implementing effective prevention strategies. In 2023, several factors contribute to the high incidence of truck accidents in Texas:

Driver Fatigue: Fatigue remains one of the leading causes of truck accidents. Long hours on the road, tight delivery schedules, and insufficient rest breaks can result in drowsy driving, impaired judgment, and decreased reaction times.
Speeding: Speeding is a prevalent issue on Texas roads. When trucks exceed speed limits or fail to adjust their speed to match road conditions, they pose a significant risk to other drivers.
Distracted Driving: The use of mobile devices, navigation systems, and other distractions continues to be a major concern among truck drivers. These distractions divert their attention away from the road, increasing the likelihood of accidents.
Impaired Driving: Alcohol and drug impairment are dangerous factors in truck accidents. Drivers under the influence of alcohol or drugs pose a substantial risk to themselves and others on the road.
Inadequate Training: Some truck accidents in Texas are the result of inadequate training and experience among drivers. Proper training in handling large commercial vehicles is essential for safe driving.
Poor Maintenance: Neglected maintenance and faulty equipment can lead to catastrophic accidents. Trucks with brake issues, tire blowouts, or other mechanical failures are at a higher risk of causing accidents.

Geographical Distribution of Truck Accidents

Truck accidents are not evenly distributed across Texas; certain regions experience a higher frequency of these incidents. In 2023, the following areas stood out:

Interstate Highways: Major interstate highways like I-35, I-10, and I-45 are known hotspots for truck accidents due to their heavy traffic and long-distance transportation routes.
Urban Areas: Metropolitan areas like Houston, Dallas-Fort Worth, and San Antonio report a high concentration of truck accidents due to their population density and extensive transportation networks.
Oil and Gas Regions: Areas with a significant presence of the oil and gas industry, such as the Permian Basin and the Eagle Ford Shale, experience a higher number of truck accidents, often related to industry-related traffic and transportation.

Truck Accident Statistics Nationwide

It is difficult to get truck accident statistics for 2023, as it is not yet over. However, we can look at the statistics from 2022 and 2021 to get a sense of the trends.

According to the Federal Motor Carrier Safety Administration (FMCSA), there were 4,985 fatal truck accidents in the United States in 2022. This was a 3% increase from 2021, and the highest number of fatal truck accidents since 2005.

The FMCSA also reports that there were over 117,000 truck accidents involving injuries in 2022. This was a 2% increase from 2021.

The most common types of truck accidents are:

Rear-end collisions
Head-on collisions
Sideswipes
Rollovers
Jackknife accidents

Truck accidents can be caused by a variety of factors, including:

Driver fatigue
Distracted driving
Speeding
Alcohol and drug impairment
Improper vehicle maintenance
Poor road conditions

Interestingly, fatal truck accidents are more common in rural areas than on highways and interstates. According to statistics in Forbes , 55% of fatal truck accidents occur in rural areas. Researchers attribute this to poor lighting, smaller roadways, and speeding in less congested areas.

Strategies for Reducing Truck Accidents

The consequences of truck accidents can be devastating. Truck accidents are more likely to be fatal than other types of motor vehicle accidents. This is because trucks are much larger and heavier than other vehicles.

Addressing the high rate of truck accidents in Texas requires a multi-pronged approach involving various stakeholders, including government agencies, trucking companies, and drivers:

Strict Enforcement: Law enforcement agencies must rigorously enforce traffic laws and regulations related to truck safety, including hours-of-service regulations and weight limits.
Improved Training: Trucking companies should invest in comprehensive driver training programs that emphasize safe driving practices, fatigue management, and the proper maintenance of vehicles.
Technology Adoption: The adoption of advanced safety technologies, such as collision avoidance systems and electronic logging devices, can help mitigate the risk of accidents.
Public Awareness Campaigns: Public awareness campaigns can educate both truck drivers and the general public about the dangers of truck accidents and the importance of responsible driving.
Infrastructure Investment: Investing in road infrastructure improvements, such as widening highways, adding lanes, and enhancing signage, can help reduce congestion and improve road safety.

Truck accidents in Texas continue to pose significant challenges, resulting in fatalities, injuries, economic costs, and emotional trauma. While the statistics may paint a grim picture, they also serve as a call to action for policymakers, trucking companies, and drivers to prioritize road safety.

Need Help After a Texas Truck Accident? Contact Us Today!

At Wham & Rogers, we understand the devastating impact that truck accidents can have on the lives of victims and their families. We are dedicated to providing comprehensive legal representation to victims of truck accidents in Texas, and we are here to fight for your rights. If you or a loved one has been injured in a truck accident, don't suffer in silence.

If you or a loved one has been injured in a truck accident, don't wait to take action. Contact the truck accident attorneys in The Woodlands at Wham & Rogers today to schedule your free consultation. Let us help you navigate the legal process, hold negligent parties accountable, and work towards securing the compensation you deserve.

Call (832) 592-1108 or Text (832) 413-1428 , or fill out our online contact form .

Debunking Common Personal Injury Myths

Fri, 29 Sep 2023 21:28:12 GMT

Debunking Common Personal Injury Myths

Personal injury cases are a complex and often misunderstood area of law. Misconceptions and myths about personal injury claims can lead to confusion, frustration, and even prevent individuals from seeking the compensation they rightfully deserve.

In this article, the Conroe injury attorneys at Wham & Rogers will explore and debunk some of the most prevalent personal injury myths, shedding light on the truth behind these misconceptions. If you have questions about an injury or your rights, call us at (832) 592-1108.

Common Personal Injury Myths

Let’s take a look at common personal injury myths and discuss whether these myths are fact or fiction.

Myth #1: Personal Injury Claims Are Only About Money

One of the most common myths surrounding personal injury claims is that they are solely about seeking financial compensation. While seeking monetary compensation for medical expenses, lost wages, and pain and suffering is a significant aspect of personal injury cases, it is not the only goal. These claims are also about holding responsible parties accountable for their negligence, ensuring that similar incidents do not occur in the future, and providing closure to victims.

Myth #2: Personal Injury Claims Are Always Frivolous Lawsuits

Another pervasive myth is that personal injury claims are frivolous and that people file them just to make a quick buck. In reality, most personal injury cases are based on legitimate injuries and damages resulting from the negligence or misconduct of others. Attorneys carefully evaluate cases before taking them on, and insurance companies conduct thorough investigations to verify the validity of claims.

Myth #3: Personal Injury Lawyers Are Only In It for the Money

Personal injury lawyers often work on a contingency fee basis, which means they only get paid if they win the case. This arrangement motivates them to obtain the best possible outcome for their clients. While attorneys do earn a fee for their services, they are also driven by the desire to seek justice for victims and to ensure that they receive fair compensation.

Myth #4: All Personal Injury Claims Go to Court

Many people believe that all personal injury claims end up in court. In reality, the majority of these cases are resolved through negotiations and settlements. Going to court is usually a last resort when a fair settlement cannot be reached through alternative means. Attorneys often use their negotiation skills to secure favorable settlements for their clients, saving them the time, stress, and uncertainty of a trial.

Myth #5: Personal Injury Claims Are Quick and Easy

Television shows and movies often depict personal injury cases as quick and easy processes, with resolutions reached in a matter of days or weeks. In reality, these cases can take months or even years to resolve. The legal process involves gathering evidence, negotiating with insurance companies, and possibly going through a trial. The complexity of the case and the severity of the injuries can significantly impact the timeline.

Myth #6: Insurance Companies Always Offer Fair Settlements

Another misconception is that insurance companies are always fair and generous when it comes to settlement offers. While insurance companies have a duty to their policyholders, they are also profit-driven businesses. This means they may try to minimize their payouts whenever possible. Personal injury attorneys play a crucial role in ensuring that victims receive a fair and just settlement by negotiating with insurance companies on their behalf.

Myth #7: You Can File a Personal Injury Claim at Any Time

Many people believe that they can file a personal injury claim at any time, regardless of when the accident occurred. In reality, there are statutes of limitations that set a deadline for filing a claim. These limitations vary from state to state and depend on the type of injury and the responsible party. Failing to file within the statute of limitations can result in the claim being dismissed.

Myth #8: You Don't Need a Lawyer for a Personal Injury Claim

Some individuals think they can handle a personal injury claim on their own, without the assistance of an attorney. While it is possible to represent yourself, it is not advisable. Personal injury law is complex, and insurance companies have teams of experienced adjusters and attorneys working to protect their interests. Hiring a skilled personal injury lawyer can level the playing field, improve your chances of success, and ensure you receive fair compensation.

Myth #9: You Can't Sue if You Were Partly at Fault

Contributory negligence is a common legal doctrine that some believe bars individuals from filing a lawsuit if they were partly at fault for their injuries. However, many states have adopted comparative negligence laws, which allow individuals to pursue claims even if they were partially responsible for the accident. In such cases, the compensation may be reduced based on the degree of fault attributed to the plaintiff.

Myth #10: Personal Injury Claims Are Only for Physical Injuries

While personal injury claims often involve physical injuries, they are not limited to them. These claims can also cover emotional distress, psychological trauma, and damage to property. If you have suffered harm as a result of someone else's negligence, you may be entitled to compensation, even if your injuries are not solely physical.

Get Help with a Personal Injury Claim

Personal injury myths can be misleading and prevent individuals from seeking the justice and compensation they deserve. It is essential to separate fact from fiction and understand the complexities of personal injury law. By debunking these common myths, we hope to empower individuals to make informed decisions and seek legal representation when necessary to protect their rights and interests.

If you believe you have a personal injury claim, contact Wham & Rogers to learn more about your legal rights and options for pursuing justice and compensation. Our Board Certified Conroe injury attorney can help put your anxiety at ease and get the compensation that you deserve.

How to Obtain a Crash Report in Texas: A Step-by-Step Guide

Thu, 21 Sep 2023 22:21:33 GMT

How to Obtain a Crash Report in Texas

Accidents happen, and when they do, it is essential to gather all the necessary information to ensure a smooth resolution and proper documentation. In the state of Texas, obtaining a crash report is a crucial step in this process. If you are injured and plan to file an insurance claim or personal injury claim, a crash report can provide vital information and evidence about how your injuries occurred.

Many people who are in a car accident are unsure of how to obtain a crash report. Wham & Rogers is here to help. In the article below, our Spring car accident lawyers provide a step-by-step guide to help you navigate the process seamlessly.

If you need help understanding your rights or what to do after a car accident, call us at (832) 592-1108 for a free consultation.

How to Obtain a Crash Report in Texas

A crash report, also known as a Texas Peace Officer's Crash Report (CR-3), is an official document created by law enforcement agencies after an automobile accident. It contains vital information about the incident, including details about the vehicles involved, the parties involved, the location, and the cause of the accident. Crash reports are valuable for insurance claims, legal proceedings, and statistical analysis of road safety.

Below, we provide the steps you can take to easily obtain your crash report:

Step 1: Determine Eligibility

Before you embark on the journey to obtain a crash report in Texas, it is important to determine if you are eligible to request it. In most cases, the following individuals or entities can obtain a crash report:

Individuals Involved in the Accident: If you were one of the parties involved in the accident, you have the right to obtain a copy of the crash report.
Authorized Representatives: If you are an authorized representative of one of the parties involved, such as an attorney or insurance agent, you can request a copy.
Insurance Companies: Insurance companies involved in a claim related to the accident can also obtain a crash report.
Government Agencies: Government agencies with a legitimate interest, such as law enforcement and traffic safety agencies, can access crash reports.
Media Organizations: Certain media organizations may be eligible to request crash reports, but they must adhere to specific guidelines and privacy laws.

Step 2: Gather Essential Information

To facilitate your request, you will need to gather some essential information related to the accident. This includes:

Accident Details: Note down the date, time, and location of the accident.
Driver's Information: Collect the names and driver's license numbers of all parties involved in the accident.
Vehicle Information: Gather details about the vehicles involved, including license plate numbers, makes, models, and VINs (Vehicle Identification Numbers).
Law Enforcement Agency: Identify the law enforcement agency that responded to the accident, as you will need this information to request the report.

Step 3: Locate the Law Enforcement Agency

To obtain a crash report, you need to contact the law enforcement agency that investigated the accident. In Texas, there are multiple agencies that may respond to accidents, such as city police departments, county sheriff's offices, or the Texas Department of Public Safety (DPS). You can typically find this information on the accident scene or through local records.

Step 4: Request the Crash Report

Once you have identified the relevant law enforcement agency, you can request the crash report. Here are ways you can request the report:

Visit in Person: You can visit the law enforcement agency's office in person to request a copy of the crash report. Be sure to bring all the necessary information and identification.
Online Request: Many law enforcement agencies in Texas offer online request options through their websites. Visit the agency's website and look for instructions on how to request a crash report online. You may need to pay a fee for this service.
Mail Request: If visiting in person or online requests are not feasible, you can send a written request by mail. Include all the required information and a self-addressed, stamped envelope for them to send you the report.
Phone Request: Some agencies may allow you to request a crash report over the phone. Contact the agency's non-emergency number to inquire about this option.

Step 5: Pay the Fee

In Texas, obtaining a crash report typically involves a fee. The cost can vary depending on the law enforcement agency and the method of request. Be prepared to pay this fee when submitting your request. Most agencies accept payment in the form of cash, check, or credit/debit cards.

Step 6: Wait for Processing

After you submit your request and pay the necessary fee, you will need to wait for the law enforcement agency to process your request. The processing time can vary, so it is essential to inquire about the estimated timeframe when you make your request.

Step 7: Receive and Review the Crash Report

Once your request is processed, you will receive a copy of the crash report. Review it carefully to ensure all the information is accurate and complete. If you find any errors or discrepancies, contact the law enforcement agency to request corrections.

Why a Crash Report is Helpful for Car Accident Claims

A crash report, often prepared by law enforcement agencies following a car accident, is a valuable document that plays a crucial role in the process of car accident claims. If you are considering filing a personal injury claim, a crash report can be helpful in the following ways:

Objective Documentation: A crash report is an objective, third-party account of the accident. It provides a detailed description of the incident, including the date, time, location, weather conditions, and a diagram of the accident scene. This factual information helps establish the basic facts of the accident without relying solely on the subjective accounts of the involved parties.
Identification of Parties: The report includes the names, contact information, and driver's license numbers of all parties involved in the accident. This information is essential for insurance companies and attorneys to identify and contact the relevant parties for claims or legal proceedings.
Witness Statements: Crash reports often include statements from witnesses who saw the accident. These statements can be critical in corroborating the events leading up to the accident, helping determine liability, and strengthening the credibility of the claimant's account.
Vehicle Information: The report contains details about the vehicles involved, including their makes, models, license plate numbers, and Vehicle Identification Numbers (VINs). This information is crucial for verifying the vehicles' identities and ensuring accurate documentation.
Description of Injuries: In some cases, the crash report may also include a description of injuries sustained by the involved parties. While it may not provide comprehensive medical information, it can serve as initial documentation of injuries caused by the accident.
Statements of the Involved Parties: The crash report may include statements provided by the drivers and passengers involved in the accident. These statements can be valuable evidence in understanding how the accident occurred and who may be at fault.
Traffic Violations and Citations: If any traffic violations or citations were issued as a result of the accident, they are typically recorded in the crash report. This information can be used to establish fault and liability in the claim.
Evidence for Liability Determination: Insurance companies and legal professionals rely on crash reports to determine liability and assess fault. Having an official document that outlines the circumstances of the accident helps streamline this process and reduces the chances of disputes.
Legal Proceedings: If a car accident leads to legal action, such as a personal injury lawsuit, the crash report becomes a fundamental piece of evidence presented in court. It can help establish liability and contribute to the successful resolution of the case.

A crash report is a valuable tool for car accident claims because it provides an unbiased, detailed, and official account of the accident. It serves as a foundation for claims, helps establish liability, and supports both insurance settlements and legal proceedings.

Get Help with a Car Accident Claim

For anyone involved in a car accident, obtaining a copy of the crash report is a critical step in the process of seeking compensation and resolution. If you have injuries due to a car accident, Wham & Rogers can help you build a strong case and fight for the compensation that you deserve.

Our Spring car accident lawyers have decades of experience helping personal injury clients obtain compensation for their injuries and losses. Take a look at our case results to see some examples of the types of claims and compensation we have obtained.

For a free consultation of your car accident case, call us at (832) 592-1108 , or complete our online contact form .

Obtaining Medical Records: Vital Evidence in Personal Injury Cases

Thu, 14 Sep 2023 23:29:24 GMT

Obtaining Medical Records in Texas

In personal injury cases, obtaining and preserving medical records is an essential step towards achieving justice and fair compensation for the injured party. These records serve as critical evidence, providing a detailed account of the injuries sustained, their severity, and the resulting medical treatment.

At Wham & Rogers, we know firsthand how important medical records are in building and winning personal injury cases. Your medical records provide evidence of your injuries and how these injuries have, and will continue to, affect your life. If you are unsure of how to obtain your medical records for a personal injury case, our Conroe injury attorneys can help.

The article below explores the importance of medical records in personal injury cases and offers guidance on how to obtain them efficiently. If you have questions, please do not hesitate to contact us by calling (832) 592-1108, or by clicking the link below.

Why Are Medical Records Crucial?

Medical records play a pivotal role in personal injury cases for several reasons:

Establishing Causation: Medical records help establish a direct link between the injury and the incident or accident that caused it. They provide concrete evidence that the injuries were a direct result of the defendant's actions or negligence, strengthening the plaintiff's case.
Determining Damages: Accurate medical records are essential for quantifying the damages suffered by the injured party. They help calculate medical expenses, future treatment costs, and any loss of income due to the injury. This information is vital for determining the compensation to which the injured party is entitled.
Evaluating the Severity of Injuries: Detailed medical records offer insights into the severity of injuries. This information can influence settlement negotiations or court judgments, ensuring that victims are adequately compensated based on the extent of their suffering.
Establishing a Timeline: Medical records create a chronological account of the injuries and treatment, providing clarity on the progression of the victim's condition. This timeline can be valuable in refuting claims of pre-existing injuries or medical conditions.
Expert Testimony: Medical records often serve as a basis for expert testimony. Medical professionals can review these records and provide informed opinions on the extent of the injuries and their long-term implications, further supporting the plaintiff's case.

How to Obtain Medical Records

Obtaining medical records can seem a bit complicated, but with proper guidance, it can be made more manageable:

Obtain the Patient's Authorization: The first step in obtaining someone's medical records, including your own, is to obtain proper authorization. This typically involves signing a release form provided by the healthcare provider. If you're representing someone else in a personal injury case, ensure you have the injured party's consent.
Identify Relevant Healthcare Providers: Determine which healthcare providers have treated the injured party for their injuries. This may include hospitals, clinics, physicians, specialists, therapists, and more. You may need to request records from multiple sources to compile a comprehensive medical history.
Contact Healthcare Providers: Once you've identified the relevant healthcare providers, reach out to them in writing. Use a formal letter or request form to request the medical records. Be sure to include the patient's authorization, specifying the records you need, such as doctor's notes, test results, and treatment plans.
Follow Legal Requirements: Depending on your jurisdiction, there may be specific legal requirements for requesting medical records. Familiarize yourself with these laws to ensure compliance. In some cases, healthcare providers may have a specific timeline within which they must respond to requests.
Pay Any Associated Fees: Healthcare providers may charge fees for copying and providing medical records. Be prepared to cover these costs, which can vary depending on the extent of the records requested. Ensure that you request an itemized invoice to keep track of expenses related to obtaining medical records.
Organize and Review the Records: Once you receive the medical records, organize them chronologically and by healthcare provider. Review the records thoroughly to ensure they are complete and accurate. Any discrepancies or missing information should be addressed promptly.
Preserve the Records Securely: Medical records are sensitive and confidential documents. Store them securely and maintain their confidentiality throughout the legal proceedings. This is crucial to protect the privacy of the injured party and comply with relevant laws.

Obtaining Medical Records in Texas

In Texas, patients have the right to access their medical records. This right is protected by state law and ensures that patients can request and receive copies of their medical records from healthcare providers. Patients may need to provide a written request and, in some cases, pay a reasonable fee for copying and providing the records. Healthcare providers are generally required to respond to these requests within a reasonable timeframe, typically within 15 days.

This right to access medical records allows patients to review their healthcare information, understand their medical history, and make informed decisions about their health. It also supports transparency and accountability in the healthcare system. Texas Health and Human Services provides more information about your rights, and provides information for contacting them directly to request records.

Types of Personal Injury Cases where Medical Records are Crucial

Medical records are crucial in various types of personal injury cases where the injuries sustained are a central element of the claim. Here are some common types of personal injury cases where medical records play a significant role:

Car Accidents: Injuries from car accidents often range from minor cuts and bruises to severe injuries like fractures, spinal cord injuries, and traumatic brain injuries. Medical records help establish the extent of injuries, necessary treatments, and long-term implications.
Slip and Fall Cases: In slip and fall or premises liability cases, medical records help establish that injuries were a direct result of the unsafe conditions on the property. They also provide insights into the severity of injuries and required medical care.
Medical Malpractice: In cases of medical malpractice, medical records are central to establishing negligence. They show what medical procedures were performed, whether they were performed correctly, and whether there were complications or errors that led to harm.
Workplace Injuries: In workers' compensation cases, medical records are essential to proving that an injury occurred at the workplace. They also outline the extent of injuries and the need for ongoing medical treatment or rehabilitation.
Product Liability: Injuries resulting from defective products or medications often require extensive medical treatment. Medical records are critical in demonstrating the link between product use and injuries.
Dog Bites: In cases of dog bites and animal attacks, medical records detail the injuries sustained, the need for surgeries or reconstructive procedures, and the potential for scarring or disfigurement.
Assault and Battery: Victims of assaults may suffer physical injuries that require medical attention. Medical records help establish the extent of the injuries and their connection to the assault.
Nursing Home Abuse: In cases of nursing home abuse or neglect, medical records can reveal signs of mistreatment, such as bedsores, malnutrition, or untreated medical conditions.
Sports Injuries: In some cases, sports-related injuries may lead to personal injury claims, especially if negligence or inadequate safety measures are involved. Medical records document the nature and severity of sports-related injuries.
Construction Accidents: Injuries resulting from construction accidents can be severe. Medical records are essential for proving the extent of injuries and the need for ongoing medical care or rehabilitation.

In all these cases, medical records provide essential evidence to establish the connection between the incident and the injuries sustained. They also help in quantifying damages, determining the appropriate compensation, and ensuring that the injured party receives fair and just compensation for their losses and suffering.

Get Help with Your Personal Injury Case

In personal injury cases, medical records are invaluable evidence that can significantly impact the outcome. They establish causation, quantify damages, and provide a clear picture of the injuries suffered. Obtaining medical records may seem like a complicated process, but you do not have to go it alone.

At Wham & Rogers, our personal injury attorneys can help you obtain medical records and other evidence needed to support your case. We provide support throughout the legal process, so you are never alone and never have to feel overwhelmed.

Get the help you need with a personal injury case by calling us at (832) 592-1108 for a free consultation , or by filling out the contact form on our website. Our team is here to help.

The Costly Consequences of Choosing the Wrong Emergency Room

Wed, 06 Sep 2023 21:35:40 GMT

Consequences of Choosing the Wrong ER

When a medical emergency strikes, the first thought that crosses most people's minds is to seek immediate help at the nearest emergency room (ER). After all, ERs are designed to handle life-threatening situations and provide critical care. However, what many fail to realize is that not all ERs are created equal. Choosing the wrong one can have costly consequences for patients.

In this article, the personal injury lawyers at Wham & Rogers explore why selecting the right ER is crucial. We will explore the potential financial, medical, and emotional toll that can result from making the wrong choice.

If you are battling the physical, emotional, and financial toll of a personal injury, call Wham & Rogers for a free consultation at (832) 592-1108 . Our Conroe personal injury team is here to help!

What are the Costs of Choosing the Wrong ER?

Take a look at how choosing the wrong ER could impact your health and overall wellbeing:

The Financial Burden

One of the most obvious and immediate consequences of choosing the wrong ER is the financial burden it can place on patients and their families. The cost of emergency medical care in the United States is notoriously high, and it can vary significantly depending on where you seek treatment. Different hospitals and ERs charge different prices for their services, and those without insurance or with out-of-network coverage can find themselves facing exorbitant bills.

For example, a patient who goes to an out-of-network ER may be responsible for a larger portion of the bill, which can lead to financial distress. Even with insurance, high deductible and co-payment amounts can add up quickly. The financial implications of choosing the wrong ER can extend beyond the immediate medical bills, affecting a patient's ability to cover ongoing medical expenses, pay bills, or save for the future.

Suboptimal Care

Not all emergency rooms are equipped with the same level of expertise, resources, and capabilities. Choosing the wrong ER may mean receiving suboptimal care, which can have serious medical consequences. Here are a few reasons why suboptimal care might occur:

Lack of Specialized Services: Some ERs are not equipped to handle specialized medical conditions or complex cases. Patients with specific medical needs may not receive the appropriate care in such facilities, leading to delayed diagnosis and treatment.
Inadequate Staffing: Understaffed or overworked ERs may not be able to provide the level of attention and care that a patient requires. This can result in misdiagnoses, delayed treatment, or medical errors.
Limited Resources: Smaller or less-equipped ERs may not have access to advanced medical technology or a wide range of medications, which can limit their ability to provide comprehensive care.

Delayed Diagnosis and Treatment

In an emergency, every minute counts, and choosing the wrong ER could lead to delayed diagnosis and treatment. For conditions like heart attacks, strokes, or severe injuries, timely intervention is critical to improve outcomes. When patients end up in an ER that is ill-equipped or lacks the necessary expertise, precious time can be lost, increasing the risk of complications and long-term health issues.

Additionally, the delay in treatment can result in more extensive and expensive medical interventions down the line. For instance, a minor infection that could have been treated promptly might escalate into a severe and costly condition if not addressed in a timely manner.

Emotional Stress

The consequences of choosing the wrong ER extend beyond the physical and financial aspects; they also take a toll on patients' emotional well-being. Dealing with a medical emergency is already a highly stressful experience, and the added uncertainty and anxiety of being in an unfamiliar or poorly equipped ER can exacerbate these emotions.

Patients may feel frustrated, scared, or overwhelmed when they realize they are not receiving the care they need or when they face excessive wait times. This emotional stress can hinder the healing process and lead to long-lasting psychological effects.

Difficulty in Coordinating Follow-up Care

Once a patient receives initial treatment in the ER, it is often essential to coordinate follow-up care with primary care physicians or specialists. Choosing the wrong ER can complicate this process, as the ER may not have established connections with the necessary healthcare providers.

Patients may face challenges in obtaining referrals or transferring their medical records, which can delay ongoing care and treatment. This delay can result in worsening health conditions and additional medical expenses.

Conclusion

Choosing the right emergency room is a decision that should not be taken lightly. While it may be tempting to go to the nearest facility in times of crisis, it is essential to consider the potential consequences of making the wrong choice. The financial burden, suboptimal care, delayed diagnosis and treatment, emotional stress, and difficulties in coordinating follow-up care are all factors that can have a lasting impact on your life.

To mitigate these risks, you should be proactive in researching and selecting the most appropriate ER for your needs. Consider factors such as location, the hospital's reputation, and whether it is in-network with your insurance. Planning ahead and being informed can help ensure that, in a medical emergency, you make the right choice and receive the best possible care without suffering the costly consequences of choosing the wrong ER.

Get Help with Your Personal Injury Case

If your injuries are the result of someone else’s negligence or wrongdoing, you may be able to pursue compensation through a personal injury lawsuit. This includes injuries or harm you suffered due to suboptimal care, medical negligence, or delayed diagnosis. To find out if you have an actionable case, contact a skilled personal injury lawyer.

At Wham & Rogers, our Conroe personal injury lawyers have more than 60 years of combined legal experience. We know what it takes to protect the rights of injury victims and get the compensation that you deserve. Our Board Certified personal injury lawyer is an aggressive advocate for your rights and wellbeing.

To find out how we can help you, call us at (832) 592-1108 , or complete our online contact form .

Navigating Non-Subscriber Workers' Compensation Cases in Texas

Fri, 25 Aug 2023 01:19:19 GMT

Non-Subscriber Workers' Compensation Cases

In the vast expanse of the Lone Star State, where industries thrive and commerce surges, the landscape of workers' compensation takes on a unique hue. Texas stands as the only state that does not mandate workers' compensation insurance for employers. This phenomenon has given rise to what are commonly known as "non-subscriber" employers - those who opt out of the state's workers' compensation system.

Many jobseekers in Texas are surprised to learn just how common non-subscriber employers really are. Furthermore, if an on-the-job injury occurs, workers face an uphill battle toward maintaining financial security.

In this article, the workplace injury lawyers at Wham & Rogers delve into the intricacies of non-subscriber workers' compensation cases in Texas. This article sheds light on the rights of workers and the legal terrain they must navigate when injuries occur.

Anyone injured in an accident while working for a non-subscriber employer should take time to explore their legal rights. Wham & Rogers can help. Call our Spring, Texas workplace injury team at (832) 592-1108.

Non-Subscriber Employers: An Overview

In Texas, employers have the option to subscribe to the state's workers' compensation system or operate as non-subscribers. While subscribing to the system grants certain legal protections to both employers and employees, non-subscribers choose to manage workplace injuries and compensation claims independently. This choice has its ramifications, creating a distinct legal framework for both employers and workers.

Rights and Challenges for Injured Workers

For employees of non-subscriber employers, being injured on the job can be a daunting experience. While the state's workers' compensation system provides a streamlined process for handling claims, non-subscriber cases often involve more complex legal considerations. Injured workers of non-subscriber employers have the right to file lawsuits against their employers to seek compensation for medical expenses, lost wages, and pain and suffering. However, these cases are subject to traditional personal injury laws, which necessitate proving negligence on the part of the employer.

One of the challenges faced by injured workers pursuing non-subscriber cases is the need to establish negligence. In workers' compensation cases, negligence doesn't need to be proven; benefits are provided regardless of fault. In contrast, non-subscriber cases require injured workers to demonstrate that the employer's negligence directly caused the injuries. This places a heavier burden on the injured party, often leading to prolonged legal battles.

Jobseekers and current employees can see a list of employers in Texas who are non-subscribers by visiting the Texas Department of Insurance website. The TDI offers information on employer coverage, how to report an injury, and how to file a complaint.

Employees of non-subscribers will also find it helpful to consult with a workplace injury lawyer.

Proving Negligence in Workplace Injury Claims

Proving negligence in a workplace injury claim involves demonstrating that the employer or another responsible party failed to meet their duty of care, leading to the injury. To successfully establish negligence, several key elements need to be shown:

Duty of Care

The first step in proving negligence is establishing that the defendant (usually the employer) owed a duty of care to the injured party (the employee). In a workplace context, employers have a legal obligation to provide a reasonably safe environment for their employees.

Breach of Duty

To prove negligence, you must show that the defendant breached their duty of care. This means that they failed to take reasonable steps to prevent the injury. You need to demonstrate that the defendant's actions (or lack thereof) deviated from what a reasonable person or employer would have done in similar circumstances.

Causation

You must establish a direct link between the defendant's breach of duty and the injuries suffered. In other words, you need to show that the breach of duty was the proximate cause of the injuries. If the injury would not have occurred "but for" the defendant's negligence, you have a stronger case for causation.

Damages

In a negligence claim, you need to prove that you suffered actual damages. This can be proven using documentation of medical expenses, lost wages, pain and suffering, emotional distress, and more. The damages must be directly related to the injuries caused by the defendant's negligence.

To build a strong case of negligence, workers must gather as much evidence as possible to support their claims.

Legal Battles and Compensation

The legal battles stemming from non-subscriber cases in Texas can be intricate and protracted. Injured workers must contend with legal teams representing their employers, often backed by robust resources. This power dynamic can make it difficult for injured workers to secure the compensation they deserve. As these cases wind their way through the court system, medical bills mount, and lost wages exacerbate the financial strain on the injured party.

Moreover, the compensation obtained through non-subscriber cases may not always match the benefits provided by the state's workers' compensation system. While workers' compensation ensures coverage for medical expenses and a portion of lost wages, non-subscriber cases may result in higher payouts for pain and suffering but may not guarantee the same level of financial support for medical costs.

Safety Measures and Employer Practices

To mitigate the risks associated with non-subscriber cases, it is essential for employers to prioritize workplace safety. Non-subscriber employers can implement robust safety measures, training programs, and risk management strategies to minimize the occurrence of workplace injuries. By actively fostering a culture of safety, employers can not only protect their workforce but also reduce the likelihood of costly legal battles stemming from injuries.

Additionally, employers can consider implementing alternative forms of insurance coverage or injury benefit plans for their employees. These plans, while not the same as traditional workers' compensation, can provide a level of financial support in case of workplace injuries. Such measures can demonstrate a commitment to employee well-being and potentially reduce the motivation for injured workers to pursue legal action.

The Role of Legal Counsel and Mediation

Injured workers of non-subscriber employers face the uphill task of proving negligence to secure compensation, often leading to prolonged legal battles. While the state's workers' compensation system offers a more streamlined process, non-subscriber cases afford injured parties the opportunity to seek higher compensation for pain and suffering.

Given the complexity of non-subscriber cases, legal representation is crucial for injured workers. Competent legal counsel can navigate the intricate web of personal injury laws, helping injured parties build strong cases.

Get a Free Workplace Injury Consultation

If you have suffered a workplace injury while working for a non-subscriber, contact Wham & Rogers as soon as possible. With a free consultation , you can find out what your rights and options are to obtain compensation for your injuries. Our Spring, Texas lawyers have been helping injured victims obtain justice and compensation for more than 60 years combined.

Start your free consultation by calling us at (832) 592-1108 , or by completing our online contact form .

Facts about Car Accidents in Montgomery County

Thu, 17 Aug 2023 20:49:09 GMT

Things to Know about Car Accidents in Spring, Conroe, and The Woodlands

Texas boasts vast landscapes, bustling cities, and an intricate network of highways, making it a hub of transportation activity. With its growing population and thriving economy, Montgomery County witnesses a significant volume of traffic on its roadways daily. Unfortunately, this increased traffic also leads to a higher likelihood of accidents.

Montgomery County is home to The Woodlands, Conroe, and borders Spring. It is part of the Houston Metropolitan area. The County is home to parts of Interstates 45 and 69, and highways 105, 249, and 99. These roadways are frequently traveled and often the site of auto accidents.

In the article below, The Woodlands car accident attorneys at Wham & Rogers delve into the most common types of traffic accidents that occur in Montgomery County, explore statistics on these accidents, and explore strategies for prevention.

If you have been injured in a car accident in Montgomery County, we can help ! Call us at (832) 592-1108, or click the button below!

Statistics on Car Accidents in Montgomery County, Texas

Here are some statistics on traffic accidents in Montgomery County:

In 2022, there were 6,307 traffic accidents reported in Montgomery County.
Of these accidents, 11 were fatal, resulting in 12 deaths.
The most common type of accident was a two-vehicle collision, accounting for 55% of all accidents.
The most common time of day for accidents was between 3pm and 6pm, and the most common day of the week was Friday.
The most common location for accidents was on US Highway 59, followed by State Highway 105 and Interstate 45.

Remember, these statistics only apply to roadways in Montgomery County. Statistics on car accidents across the state are much higher and more devastating.

What are the Most Common Types of Car Accidents in Montgomery County?

Car accidents happen for many reasons, and involve many different factors and contributors. Overall, however, there are certain types of accidents that seem to occur more frequently than others. Here are some of the more common types of accidents we see in Montgomery County:

Rear-End Collisions

Rear-end collisions rank among the most prevalent types of accidents in Texas. These accidents often occur due to tailgating, distracted driving, or sudden stops. In congested areas like Houston, Dallas, and Austin, where traffic can be heavy, drivers may not have enough time to react to abrupt changes in speed, resulting in rear-end collisions. These accidents can lead to whiplash injuries, vehicle damage, and in some cases, multi-vehicle pileups.

Intersection Accidents

Intersections are notorious hotspots for accidents. Drivers often fail to yield the right-of-way, run red lights, or make improper turns, leading to crashes. In Texas, the complexity of intersections is exacerbated by the prevalence of wide roads and high-speed limits, increasing the potential for serious accidents.

T-bone Collisions

T-bone collisions, also known as side-impact crashes, occur when one vehicle strikes the side of another vehicle, forming a "T" shape. These accidents often happen at intersections and can result in severe injuries due to the limited protection on the sides of vehicles.

Single-Vehicle Accidents

Single-vehicle accidents involve only one vehicle and typically occur due to factors such as speeding, impaired driving, drowsy driving, or adverse weather conditions. These accidents can lead to rollovers, collisions with stationary objects, or veering off the road.

Pedestrian and Bicycle Accidents

With an increasing emphasis on alternative modes of transportation and urban mobility, pedestrian and bicycle accidents have become a concerning issue in Texas. These accidents often result from distracted driving, failure to yield to pedestrians, and cyclists not following traffic rules.

Drunk Driving Accidents

Despite strict laws against it, drunk driving remains a significant problem in Texas. Alcohol impairs a driver's judgment, reflexes, and coordination, leading to a higher risk of accidents.

Distracted Driving Accidents

The proliferation of smartphones and other electronic devices has contributed to the rise of distracted driving accidents. Texting, talking on the phone, eating, or fiddling with in-car entertainment systems diverts a driver's attention from the road.

Steps to Prevent Car Accidents

Rear-End Collisions: Maintaining a safe following distance and avoiding distractions while driving are key to preventing rear-end collisions. Defensive driving techniques can also help drivers anticipate sudden stops and react accordingly.
Intersection Accidents: Adhering to traffic signals, obeying right-of-way rules, and scanning for oncoming traffic before proceeding through an intersection are crucial safety measures. Defensive driving courses can also help raise awareness about intersection-related risks.
T-bone Collisions: Ensuring proper observation of traffic signals, cautiously entering intersections, and reducing speed in areas with high potential for collisions are essential. Defensive driving training can also educate drivers about how to anticipate and avoid such situations.
Single-Vehicle Accidents: Practicing responsible driving behaviors, such as obeying speed limits, avoiding driving under the influence, and getting enough rest before embarking on long journeys, can significantly reduce the risk of single-vehicle accidents.
Pedestrian and Bicycle Accidents: Drivers must remain vigilant and avoid distractions while driving in areas with pedestrian and cyclist activity. Pedestrians and cyclists should use designated crosswalks and follow traffic signals to enhance their safety.
Drunk Driving Accidents: The most effective way to prevent drunk driving accidents is for individuals to avoid getting behind the wheel when intoxicated. Designating a sober driver, using rideshare services, or public transportation are safer alternatives.
Distracted Driving Accidents: Drivers should prioritize safe driving by refraining from using electronic devices while behind the wheel. Pulling over to a safe location if you need to use your phone can significantly reduce the risk of accidents.

As Montgomery County continues to experience population growth and economic development, car accidents remain a persistent concern. By practicing responsible driving behaviors, adhering to traffic rules, and promoting awareness about the risks of distracted, drunk, and reckless driving, Texans can work together to make their roads safer for everyone.

Get Help after a Car Accident Injury

If you have been injured in a car accident in The Woodlands, Spring, Conroe, or elsewhere in Montgomery County, the car accident attorneys at Wham & Rogers want to help . Our attorneys have 60 years of combined experience helping car accident victims obtain the justice and compensation that they deserve.

Get the legal help you need to understand your legal rights and options for pursuing compensation by contacting Wham & Rogers today. A free consultation with our Board Certified personal injury attorney can help you find the best path toward recovery. You can get started by calling us at (832) 592-1108, or by completing our online contact form .

The Perils of Drunk Boating in Texas

Fri, 11 Aug 2023 01:33:12 GMT

The Perils of Drunk Boating

Boating offers a unique opportunity to escape the stresses of life and enjoy the beauty of nature. In The Woodlands, Texas, boating is a popular outdoor activity on The Woodlands Waterway, Lake Woodlands, and numerous small lakes and tributaries. However, the privilege of boating comes with the responsibility to ensure the safety of all on board.

Boating safety is of paramount importance, and the dangers of operating a vessel while under the influence of alcohol cannot be understated. In the article below, the personal injury lawyers at Wham & Rogers delve into the critical topic of boating safety to shed light on the grave risks associated with alcohol-impaired boating.

If you have been injured due to an intoxicated boat operator, contact our office in The Woodlands at (832) 592-1108.

Boating Safety is a Necessity

Just as road safety rules are indispensable for preventing accidents and loss of life, adhering to boating safety guidelines is essential for maintaining the wellbeing of those on board and nearby. Unlike cars, boats lack the clear-cut lanes and traffic signals that guide road vehicles. Instead, boaters must rely on a combination of maritime rules, common sense, and mutual respect to navigate safely.

One of the fundamental pillars of boating safety is vigilance. Just as a driver must remain alert and focused while operating a vehicle, a boat operator must be fully engaged with the task at hand. This includes:

Maintaining a proper lookout
Observing speed limits
Ensuring that the vessel's equipment is in optimal condition
Only operating during allowed hours
Avoiding operating a boat while intoxicated

When alcohol enters the equation, vigilance takes a backseat, and disaster becomes increasingly likely.

The Perils of Drunk Boating

Alcohol impairs judgment, coordination, and reaction time, all of which are crucial when piloting a boat. This impairment is amplified on the water due to the unique challenges posed by boating. Waves, currents, changing weather conditions, and the lack of road-like infrastructure demand even greater focus and skill from operators. Introducing alcohol to this equation is a recipe for disaster.

Here are some of the ways that drunk boating affects operators and puts others in danger:

Impaired Decision-Making: Alcohol diminishes the ability to make rational decisions. On a boat, even a minor lapse in judgment can lead to dire consequences. Drunk boaters are more likely to take unnecessary risks, underestimate hazards, and ignore safety protocols.
Reduced Coordination: Operating a boat requires precise motor skills and coordination to steer, control speed, and react to changing conditions. Alcohol disrupts these skills, leading to a higher likelihood of collisions, running aground, or other accidents.
Delayed Reaction Time: In emergency situations, split-second decisions can be the difference between life and death. Alcohol slows reaction times, leaving intoxicated boaters ill-equipped to respond swiftly to unexpected events.
Distorted Perception: Depth perception and visual acuity are crucial for safe boating. Alcohol distorts perception and vision, making it difficult to accurately assess distances, obstacles, and the movement of other vessels.
Hypothermia Risk: Exposure to water increases the risk of hypothermia, which can set in rapidly even in relatively mild conditions. Alcohol further accelerates the onset of hypothermia by dilating blood vessels and increasing heat loss.
Navigational Challenges: Boating under the influence can lead to navigational errors, such as straying off course or losing track of landmarks. These mistakes can result in getting lost at sea or venturing into dangerous areas.

Drunk Boating in Texas

To better understand how real the problem of drunk boating is in Texas, take a look at these statistics:

In 2019, Texas averaged nearly 13 alcohol-related incidents per 100,000 registered watercraft.
This ranked Texas as the 5th highest state in the country for alcohol-related boating accidents.
Alcohol was a factor in 40% of all boating fatalities in Texas in 2019.
The most common time for drunk boating accidents to occur is on weekends, during the day, and in the summer.
Young adults (ages 18-25) are the most likely to be involved in a drunk boating accident.

These statistics show that drunk boating is as much of a risk to Texan’s as other dangerous behaviors like drunk driving or distracted driving.

Promoting Responsible Boating

The risks of drunk boating are clear, but how can responsible behavior on the water be encouraged? Education plays a pivotal role in fostering awareness and promoting safe boating practices. Here are some ways that boaters in The Woodlands can stay safe on the water:

Boating Safety Courses: Just as new drivers are required to take driving lessons, novice boaters should enroll in boating safety courses. These courses provide essential knowledge about navigation rules, emergency procedures, and the dangers of alcohol and drug use on the water.
Designated Boat Operator: Similar to designated drivers, having a designated boat operator who abstains from alcohol can ensure that the vessel is operated safely. This person can be responsible for navigating, steering, and making critical decisions while others enjoy the trip.
Know Your Limits: Recognizing one's limits and the effects of alcohol is crucial. Boaters should understand that alcohol's effects are intensified on the water due to environmental factors like wind, waves, and sun exposure.
Safety Equipment: Life jackets, communication devices, and safety gear should be readily available and worn at all times. In the event of an accident, having proper equipment can be the difference between survival and tragedy.
Lead by Example: Experienced boaters should set an example for novice enthusiasts by demonstrating responsible behavior. This includes not only refraining from alcohol but also adhering to all safety protocols.

The dangers of drunk boating are a stark reminder that alcohol and water do not mix. By prioritizing boating safety, raising awareness about the perils of alcohol-impaired boating, and promoting responsible behavior, we can protect lives and prevent accidents.

Injured in a Drunk Boating Accident?

Drunk boating is a serious issue that can have deadly consequences. If you are suffering injuries due to drunk boating, Wham & Rogers can help. Our personal injury lawyers in The Woodlands represent clients who are injured due to the negligence of others. We can help you explore your legal rights, and the options you may have to pursue compensation for your injuries.

Contact us today for a free consultation with our Board Certified personal injury lawyer. Call (832) 592-1108, or fill out our online contact form to get started.

How Our Personal Injury Lawyers Help After a Motorcycle Accident

Thu, 03 Aug 2023 23:54:38 GMT

Personal Injury Lawyer Rene Rogers Fights for Accident Victims

Personal injury lawyer, Rene Rogers, has nearly four decades of experience helping victims of negligence in Spring, TX and surrounding areas.

Read below to see how Rene and the personal injury team at Wham & Rogers can help you obtain justice and the compensation you deserve after a motorcycle accident.

To learn more, click the " Call Now " button to start your free consultation .

Motorcycle accidents can be life-altering events, causing not only physical injuries but also emotional distress and financial burden. In the wake of such an incident, seeking the guidance of a personal injury lawyer can prove invaluable.

In my practice, I specialize in advocating for the rights of accident victims, helping them recover and secure the compensation they deserve. After a motorcycle accident, victims have many things to worry about, but I am often able to help reduce their burden so they can focus on recovery.

How Does Wham & Rogers Help Motorcycle Accident Victims?

As an experienced personal injury lawyer, I have a deep understanding of the legal intricacies surrounding these cases. I provide my clients with guidance that is tailored to their unique situations. Myself, and my team, know that there is no cookie-cutter way to resolve delicate cases like these.

Part of what we do at Wham & Rogers is provide comprehensive legal support. That includes:

Conducting a thorough investigation into the circumstances of the accident. This includes interviewing witnesses and gathering information from law enforcement, healthcare providers, etc.
Analyze the accident's details to ascertain who was at fault. In motorcycle accidents, determining liability can be particularly complex due to biases against riders. I will work to counter these biases and ensure a fair assessment of liability.
I understand the importance of comprehensive medical documentation in strengthening a case. Our team will assist you in obtaining the necessary medical records, bills, and reports that detail the extent of injuries and the resulting medical expenses.
Dealing with insurance companies can be a daunting task, as their primary goal is to minimize payouts. As your personal injury lawyer, I act as a strong advocate for you, handling all communication and negotiations with insurance adjusters.
Many personal injury cases are resolved through negotiations. As a skilled negotiator, I will fight to resolve your case as smoothly and quickly as possible.
If a fair settlement cannot be reached, I will take the case to court and fight for your rights before a judge and/or jury.

Aside from the legal aspects of your case, it is important that my clients know that I genuinely care about them and their wellbeing. I strive to provide emotional support to victims and their families throughout the legal process.

Part of my commitment to you and your recovery is ensuring that you do not have the added fear of legal fees. Wham & Rogers works on a contingency fee basis, meaning we only receive payment if we successfully secure compensation for you. This arrangement ensures that you can access skilled legal representation without worrying about upfront costs.

I have helped many motorcycle accident victims in my 38 years as a lawyer. I know what it takes to protect victims and obtain the compensation that they deserve.

If you have been injured in any type of auto accident, please call me to learn more about your rights and legal options. I will be happy to discuss your case with you at no obligation to you whatsoever.

Start Your Free Consultation

You can reach personal injury lawyer Rene Rogers by calling (832) 592-1108, or by texting (832) 413-1428. You can also reach our office by completing the online contact form .

We will be happy to meet with you virtually, or in person, by appointment to discuss your needs more thoroughly.

Hospital Liens and Their Impact on Personal Injury Claims

Thu, 27 Jul 2023 20:29:25 GMT

Hospital Liens and Their Impact on Personal Injury Claims

Hospital liens are a critical aspect of the healthcare industry that can significantly affect personal injury claims. When individuals sustain injuries due to someone else's negligence, they often seek medical treatment at hospitals and medical facilities. The costs associated with medical care can be substantial.

In this article, the personal injury lawyers at Wham & Rogers explore the concept of hospital liens, how they function, and the impact they have on personal injury claims. If you have questions about a hospital lien or a personal injury matter, call our Spring personal injury team at (832) 592-1108.

Understanding Hospital Liens

A hospital lien is a legal claim filed by a medical facility against any potential settlement or judgment that an injured person may receive in a personal injury lawsuit. These liens allow hospitals and medical providers to assert their right to be compensated for the medical services they provided to the injured individual.

Hospital liens are typically put in place to protect medical providers from not being paid in cases where the patient lacks health insurance or adequate funds to cover the medical expenses. These liens function as a security interest, granting the medical provider a right to a portion of the injured party's settlement or judgment. This means that if the injured person successfully recovers compensation for their injuries, the medical provider can recover their expenses directly from the settlement proceeds before the injured party receives any money.

How Hospitals File Liens

In order to file a hospital lien, the hospital must first provide the patient with written notice of its intent to do so. The notice must include the amount of the lien and the basis for the lien. The patient then has a certain amount of time to object to the lien.

If the patient does not object to the lien, it will become a valid debt against the patient's personal injury settlement. This means that the hospital will be entitled to be paid a portion of the settlement before the patient receives any money.

Impact on Personal Injury Claims

Now let’s take a look at how hospital liens could impact a personal injury claim.

Negotiation and Settlements

Hospital liens can significantly impact negotiations and settlements in personal injury claims. When an insurance company or at-fault party is aware of an existing hospital lien, they may be less willing to offer a settlement, as they know a portion of the funds will go directly to the medical provider. This can lead to prolonged negotiations and potentially lower settlement amounts for the injured party, making it essential for the injured individual and their attorney to navigate this aspect carefully.

Priority of Payment

Hospital liens typically take precedence over other liens and claims against the settlement amount. This means that medical providers with hospital liens will receive their payment before any other parties, including the injured person themselves, their attorney, or other lien holders. As a result, the injured individual may receive a reduced amount or no settlement at all if the hospital lien exhausts the available funds.

Limited Access to Medical Records

In some cases, hospital liens can lead to limited access to medical records for the injured person's attorney, making it challenging to assess the full extent of damages and determine the appropriate compensation. Some medical providers may be hesitant to share medical records or may only provide them once the lien has been satisfied.

Lien Negotiations

To protect their client's interests, personal injury attorneys often engage in lien negotiations with medical providers. They may attempt to negotiate lower lien amounts or advocate for a reduction in the lien based on various factors, such as:

The severity of the injuries
Comparative negligence
Insurance coverage

These negotiations can be complex and time-consuming, adding to the overall complexity of the personal injury claim.

State-Specific Regulations

It is crucial to note that the impact of hospital liens on personal injury claims can vary significantly depending on state-specific regulations. Some states have laws that limit the amount a hospital can recover through a lien, while others may not allow hospital liens at all. Understanding the laws in the relevant jurisdiction is vital for both injured parties and their legal representation.

Things to Remember about Hospital Liens

There are a few things that patients should keep in mind about hospital liens.

First, patients should be aware that they may be subject to a hospital lien even if they have health insurance. This is because health insurance companies often pay less than the full cost of medical care. As a result, the hospital may still be owed money even after the insurance company has paid its portion of the bill.
Second, patients should be aware that they can negotiate with the hospital to reduce the amount of the lien. In some cases, the hospital may be willing to accept a lower amount in order to avoid the time and expense of collecting the full amount of the lien.
Finally, patients should be aware that they may be able to challenge the validity of a hospital lien. This is typically done if the hospital did not provide the patient with proper notice of the lien or if the lien is for an amount that is excessive.

Hospital liens can play a major role in personal injury claims, affecting negotiations, settlements, and the priority of payment. It is crucial for individuals involved in personal injury claims to be aware of their rights and consult with experienced lawyers who can navigate the complexities of hospital liens to secure fair compensation for their clients.

Get Help with Your Personal Injury Claim

If you have been injured in an accident and have received a hospital lien, contact the personal injury lawyers at Wham & Rogers as soon as possible. Our lawyers can help you understand the lien and your options for negotiation with the hospital. In many cases, we are able to successfully reduce the amount of the lien or challenge its validity.

To find out more about your rights and options, call us for a free consultation at (832) 592-1108, or complete our online contact form .

Product Liability Lawyer in Texas: What to Do after a Consumer Product Injury

Fri, 21 Jul 2023 19:02:49 GMT

Product Liability Lawyer in Texas: What to Do after a Consumer Product Injury

Consumer products play an integral role in our daily lives, making tasks easier and enhancing our experiences. However, there are instances where these products can pose risks, leading to injuries and even fatalities.

If you find yourself injured due to a defective or dangerous consumer product, it is crucial to know your rights and how product liability laws could help you. The product liability lawyer at Wham & Rogers wants you to be as informed as possible as you traverse this difficult time. We hope that the article below can serve as a guide on what to do after experiencing a serious injury caused by a consumer product.

If you have suffered serious bodily injury due to a product defect, call our office in The Woodlands at (832) 592-1108 .

What to Do after a Consumer Product Injury

If you are seriously injured by a dangerous or defective product, it is important to take measures right away to protect yourself and your legal rights. Take a look at the following guidance from our product liability lawyer:

Prioritize Your Safety

The first and foremost step after sustaining a consumer product injury is to prioritize your safety and well-being. If the injury is severe, seek immediate medical attention. Even if the injury seems minor, it is advisable to consult a healthcare professional to assess any potential hidden or delayed complications. Prompt medical care not only helps in your recovery but also establishes a crucial link between your injury and the consumer product involved.

Preserve the Evidence

Preserving the evidence is vital when dealing with a consumer product injury. Ensure you keep the product itself, any packaging or labels, receipts, and any documents related to the purchase. Additionally, take photographs of the product and the scene of the incident if possible. Preserving evidence will support your claim should you decide to pursue legal action later.

Report the Incident

Notify the appropriate authorities or regulatory agencies about the incident, especially if it involves a potentially hazardous consumer product. This step is essential for raising awareness and ensuring that the necessary actions are taken to prevent further injuries to other consumers. Reporting the incident can also be helpful in establishing a pattern of issues with the product, strengthening your case if you decide to pursue legal action.

Document the Incident and Your Injuries

Writing a detailed account of the incident, including date, time, location, and circumstances surrounding the injury, is essential. Include any interactions with the product, malfunctions, or warning signs you may have noticed before the injury occurred. Moreover, document the impact of the injury on your daily life, including physical pain, emotional distress, and financial losses. Such documentation will be valuable when seeking compensation for your damages.

File a Consumer Product Safety Complaint

Consumer product safety agencies like the Consumer Product Safety Commission (CPSC) allow individuals to file complaints regarding dangerous products. These complaints can trigger product recalls or investigations, ensuring that hazardous products are removed from the market. Filing a complaint not only protects others from potential harm but also strengthens your case in the event of a lawsuit.

Understand Product Liability Laws

Familiarize yourself with product liability laws to understand your rights as a consumer. Product liability laws typically cover three main types of defects:

Design defects: A product is defective in design if it is unreasonably dangerous to consumers when used as intended. For example, a car with a faulty ignition switch that can cause the engine to shut off while driving would be considered a design defect.
Manufacturing defects: A product is defective in manufacturing if it is different from the manufacturer's specifications, or if it is not made with the same level of care as other products of the same type. For example, a toy with sharp edges that could cut a child would be considered a manufacturing defect.
Failure to warn: A product is defective due to a failure to warn if the manufacturer fails to provide adequate warnings about the dangers of using the product. For example, a drug manufacturer that fails to warn consumers about the side effects of a medication would be considered liable for any injuries that result.

Understanding these laws will help you determine who may be held liable for your injuries. A product liability lawyer can help you explore these laws and pursue the best course of action.

Consult a Lawyer

If you believe your injury resulted from a defective or dangerous consumer product, it is advisable to consult a personal injury lawyer with experience in product liability cases. A lawyer will evaluate your case, explain your legal rights, and guide you through the legal process.

A product liability lawyer can assist you by:

Gathering evidence
Dealing with insurance companies
Negotiating for a fair settlement
Representing you in court

Communicate with the Manufacturer or Retailer

Once you have sought legal advice, consider communicating with the manufacturer or retailer of the defective product. In some cases, they may be willing to offer a settlement to avoid lengthy legal proceedings. However, avoid making any formal agreements or signing documents without consulting your lawyer first.

Preserve Confidentiality

During the process of dealing with a consumer product injury, avoid discussing your case publicly or on social media. Statements made in public forums can be used against you by the opposing party during legal proceedings. Instead, maintain confidentiality and share information only with your legal representative.

Pursue Compensation

If negotiations with the manufacturer or retailer are unsuccessful, your lawyer may advise you to pursue compensation through a lawsuit. Product liability cases can be complex, involving multiple parties, experts, and technical evidence. A skilled product liability lawyer will be crucial in presenting your case effectively and seeking the compensation you deserve.

Get Help from a Skilled Product Liability Lawyer in Texas

Experiencing a consumer product injury can be a traumatic and life-changing event. However, knowing what steps to take after such an incident can significantly impact your ability to recover physically, emotionally, and financially.

At Wham & Rogers, our product liability lawyers in The Woodlands understand the toll that an injury takes on you and your family. We invest our time and resources into advocating for you as if you were part of our own family. Our firm is built on providing caring, compassionate, and comprehensive legal support during difficult legal matters.

If you have been seriously hurt, get the help you need from our skilled product liability lawyer by starting with a free consultation . Call (832) 592-1108, text , (832) 413-1428, or fill out our online contact form .

Excluded Drivers and Auto Insurance: Understanding Coverage Limitations

Thu, 13 Jul 2023 20:43:48 GMT

Excluded Drivers and Auto Insurance

Auto insurance is a critical component of responsible vehicle ownership. It provides financial protection against accidents, damages, and liabilities. However, not all drivers are covered under an auto insurance policy. Excluded drivers, as the term suggests, are individuals explicitly excluded from coverage by an insurance policy.

In this article, our Conroe, TX injury attorneys will delve into the concept of excluded drivers, examine the reasons behind their exclusion, and explore whether auto insurance policies provide coverage for them. This is important information if you are involved in an accident with an excluded driver.

After any type of auto accident – but especially those involving someone without insurance coverage – Wham & Rogers can help you protect your rights. Call us at (832) 592-1108 to learn more.

Understanding Excluded Drivers

Excluded drivers are individuals who, by agreement with the insurance company, are intentionally excluded from coverage under an auto insurance policy. These exclusions may arise due to various factors such as poor driving history, age restrictions, or a lack of driving experience.

Insurance companies often consider high-risk drivers, such as those with a history of DUIs or multiple traffic violations, as ineligible for coverage. Excluding these drivers from policies helps insurance companies manage risk and maintain reasonable premium rates for their policyholders.

Reasons for Exclusion

Insurers exclude drivers for a variety of reasons, including statistical risk assessment and financial considerations. Young and inexperienced drivers, for instance, are often more prone to accidents due to their limited driving skills and lack of experience. Similarly, drivers with a history of reckless behavior or multiple claims pose higher risks to the insurance company. By excluding such individuals, insurers aim to mitigate potential losses and protect their profitability. Exclusion policies also encourage responsible driving habits and discourage high-risk behaviors.

There are also There are a few reasons why a policyholder might want to exclude a driver from their car insurance policy:

They have a poor driving record
They are a young driver with little experience
They have been convicted of a driving offense
They are not a licensed driver
You simply don't want to insure them

If you exclude a driver from your policy, they will not be covered if they are involved in an accident while driving your car. This means that they will be responsible for paying for any damages they cause, both to your car and to the other party involved in the accident.

Exclusions and Coverage Limitations

Auto insurance policies typically outline specific exclusions and limitations regarding coverage. While these vary depending on the insurer and policy type, some common exclusions may include:

Named Driver Exclusion: This type of exclusion applies to specific individuals named in the policy. If a named driver causes an accident, the insurance company will not provide coverage for any resulting damages or liabilities.
Permissive Use Exclusion: This exclusion pertains to individuals who occasionally use the insured vehicle with the owner's permission but are not listed as drivers on the policy. If an accident occurs while such a driver is behind the wheel, coverage may be denied.
Intentional Acts: Insurance policies generally exclude coverage for damages resulting from intentional acts, such as driving under the influence or using a vehicle for criminal activities.

Coverage for Excluded Drivers

In most cases, auto insurance policies do not cover excluded drivers. Exclusions are clearly stated in the policy documents, and claims arising from accidents involving excluded drivers are typically denied. It is crucial for policyholders to understand the terms and conditions of their insurance policies to avoid any surprises when filing a claim.

If an excluded driver causes an accident, the policyholder may be personally liable for any damages or injuries, and any claim made by a third party may be rejected by the insurance company.

Seeking Alternatives

For individuals with excluded drivers in their households, alternative options may be available. Some insurers offer separate policies for high-risk drivers or allow policyholders to add exclusions to their existing policies. These alternatives may involve higher premiums or specific restrictions, but they provide a way to obtain coverage while mitigating risk.

Things to Know about Auto Accidents Involving Excluded Drivers

Excluded drivers who cause accidents may face significant legal consequences. Depending on the severity of the accident and applicable laws, they may be subject to traffic violations, fines, license suspension or revocation, and even criminal charges in cases involving reckless behavior or driving under the influence.

Moreover, excluded drivers may be held personally responsible for covering the damages and injuries resulting from the accident, which can lead to substantial financial burdens. When an excluded driver causes an accident, the injured parties may face challenges in seeking compensation for their losses. They may explore alternative options to recover damages, such as:

Personal Injury Lawsuits: Injured parties can pursue legal action against the excluded driver to seek compensation for medical expenses, lost wages, pain, and suffering, and other damages. However, the ability to collect the awarded amount depends on the excluded driver's financial situation.
Uninsured/Underinsured Motorist Coverage: If the injured party has this coverage as part of their own auto insurance policy, it may provide some financial protection against accidents involving excluded drivers. This coverage can help compensate for damages when the at-fault driver lacks adequate insurance or is excluded from coverage.

If you have been injured in an auto accident involving an excluded driver without insurance coverage, it is beneficial to contact a personal injury attorney. An attorney can help you understand your legal rights, and the options you may have to pursue compensation. Accident claims involving uninsured or underinsured drivers are complex, but not impossible with the right legal help.

Get Help after an Auto Accident

Excluded drivers pose a unique challenge when it comes to auto insurance coverage and auto accident claims. In these situations, a skilled personal injury attorney can be a valuable asset. At Wham & Rogers, our Board Certified personal injury attorney in Conroe has decades of experience helping clients obtain the compensation they deserve.

If you have a complicated auto accident case, we can help you unravel the complexities and pursue the best options for a successful outcome. To get the help you need, call us at (832) 592-1108, or complete our online contact form . We offer free consultations 24/7 , and can meet with you virtually by appointment.

Statistics on Drunk Driving: A Sobering Reality

Fri, 07 Jul 2023 22:15:26 GMT

Statistics on Drunk Driving

Drunk driving is a pervasive and dangerous problem in the United States, posing a severe threat to public safety. Each year, countless lives are lost, and countless others are forever impacted by the consequences of impaired driving. Understanding the statistics surrounding drunk driving in the United States is essential for raising awareness, promoting responsible behavior, and implementing effective measures to combat this preventable tragedy.

In this article, the car accident lawyers at Wham & Rogers, LLC delve into the latest statistics on drunk driving, highlighting the prevalence, the impact on fatalities and injuries, and the ongoing efforts to tackle this alarming issue.

If you or someone you love has been injured or killed by a drunk driver, call our Houston area attorneys at (832) 592-1108 to learn more about your rights and potential options for pursuing justice.

Drunk Driving Statistics

Here are some statistics on drunk driving in the U.S:

Every day, about 37 people in the U.S. die in drunk-driving crashes. That's one person every 39 minutes.
In 2021, 13,384 people died in alcohol-impaired driving traffic deaths. This was a 14% increase from 2020.
About 31% of all traffic crash fatalities in the U.S. involve drunk drivers (with BACs of .08 g/dL or higher).
In 2021, there were an estimated 127 million episodes of alcohol-impaired driving among US adults. This means that about 1 in 10 adults drove after drinking too much in the past 30 days.
Drunk driving is a leading cause of death for teens. In 2021, 27% of young drivers 15 to 20 years old who were killed in crashes had BACs of .01 g/dL or higher.
The annual cost of drunk driving in the US is estimated to be $44 billion. This includes the cost of medical care, lost productivity, and property damage.

These statistics are sobering, but they also show that drunk driving is a preventable problem. By making responsible choices about drinking and driving, we can help to save lives.

Texas Drunk Driving Statistics

Drunk driving is a serious problem affecting every state in the U.S. Texas is no exception. Here are recent statistics that show just how serious the problem is in Texas:

In 2021, there were 25,261 drunk driving crashes.
As a result of those crashes, more than 1,000 people were killed. That accounts for one person dying every 8.5 hours.
In addition to deaths, drunk driving also caused more than 2,500 serious injuries.
In 2021, 24% of all fatal crashes were related to drunk driving.

Like many other parts of the U.S., drunk driving fatalities have increased in recent years in Texas. Officials continue efforts to curb drunk driving, but it remains a serious problem.

Impact on Fatalities and Injuries

Drunk driving significantly contributes to fatalities and injuries on U.S. roads. In addition to the loss of life, thousands of individuals sustain injuries each year due to alcohol-impaired crashes. According to the NHTSA, in 2019, an estimated 424,000 people were injured in accidents involving alcohol-impaired drivers.

Certain demographics are particularly vulnerable to the dangers of drunk driving. Young adults aged 21 to 24 years old have the highest rate of involvement in alcohol-impaired driving crashes, followed closely by drivers aged 25 to 34 years old. Additionally, motorcycle riders are at a higher risk, as alcohol impairs their ability to safely operate their vehicles.

The economic impact of drunk driving cannot be overlooked either. The NHTSA estimates that alcohol-related crashes cost the United States more than $44 billion annually in medical expenses, legal fees, property damage, and lost productivity.

Efforts to Combat Drunk Driving

States across the U.S. have implemented various measures to combat drunk driving and reduce its devastating impact. One key strategy is the strict enforcement of laws related to driving under the influence (DUI). All 50 states and the District of Columbia have set the legal blood alcohol concentration (BAC) limit at 0.08% for non-commercial drivers. Lower BAC limits, typically 0.04%, apply to commercial drivers.

Law enforcement agencies play a crucial role in detecting and deterring drunk driving. Sobriety checkpoints, where drivers are stopped randomly to assess their sobriety, help identify and apprehend impaired drivers. Additionally, campaigns such as "Drive Sober or Get Pulled Over" raise awareness and emphasize the consequences of driving under the influence.

Technological advancements have also contributed to combating drunk driving. Ignition interlock devices, which require drivers to pass a breathalyzer test before starting their vehicles, are often mandated for individuals with prior DUI convictions. These devices have proven effective in reducing repeat offenses and keeping impaired drivers off the roads.

Public awareness campaigns and educational initiatives are also instrumental in changing attitudes and behaviors surrounding alcohol-impaired driving. Organizations like Mothers Against Drunk Driving (MADD) work tirelessly to educate the public, promote responsible alcohol consumption, and advocate for stronger laws and policies to prevent drunk driving.

The Future of Safe Driving

Statistics on drunk driving paint a sobering picture of the magnitude of this issue. Lives lost, injuries sustained, and economic costs incurred underscore the urgent need for continued efforts to combat this preventable tragedy. Through strict enforcement of laws, technological innovations, public awareness campaigns, and educational initiatives, states can work towards a future where the devastating consequences of drunk driving are significantly reduced. Together, we must strive for safer roads and communities free from the grip of alcohol-impaired driving.

Have You Been Injured by a Drunk Driver?

If you have been injured by a drunk driver, you have every reason to question what your next steps should be. It is natural for you to be angry, frustrated, and traumatized by your experience. It is also natural for you to want justice, and to see the drunk driver held accountable for their negligence.

At Wham & Rogers, obtaining justice and compensation for car accident victims is what we do. If you or someone you love has been injured by a drunk driver, we can answer your questions, help you understand your legal rights, and find the best options possible for justice. We are passionate about helping injury victims recover physically and financially.

Find out how our Houston area attorneys can help you by calling us at (832) 592-1108, texting us at (832) 413-1428, or by completing our online contact form . Our consultations are completely free of charge.

Resources:

What to Do After a Dog Bite Injury: Essential Steps for a Swift Recovery

Fri, 23 Jun 2023 22:14:59 GMT

What to Do After a Dog Bite Injury in The Woodlands

Dog bite injuries can be a distressing experience, both physically and emotionally. It is crucial to take immediate action after a dog bite to ensure your well-being and protect your legal rights. At Wham & Rogers, our dog bite lawyers in The Woodlands have helped numerous clients understand their rights and what the law says about dog bites.

Below, we provide a comprehensive guide on what to do after a dog bite injury, outlining essential steps to take for a swift recovery and minimizing the risk of infection or other complications. For questions or a free consultation with our personal injury team, call us at (832) 592-1108.

Dog Bites in Texas

According to the Texas Department of Health and Human Services , nearly five million people across the United States experience dog bites each year. Of those, an estimated 800,000 bites are serious enough to warrant emergency medical care.

Here in Texas, the statistics are equally as alarming. Consider the following:

Between 2005 and 2013, there were 34 dog bite fatalities in Texas.
Harris County, and Houston in particular, is ranked as the top county in the state for dog bite injuries affecting Postal workers.
The majority of serious dog bite injuries and fatalities occur to young children or older adults.
In Texas, a small percentage (18%) of fatal dog bite cases between 2005 and 2013 resulted in criminal charges against the owner.

What to Do After a Dog Bite Injury

There are more than 53 million dogs living among humans in the U.S. As much as we love our four-legged friends, the reality is that any dog can bite – anyone, anytime, anywhere. It is important to know what steps to take after a dog bite injury to protect yourself and your legal rights. Here are our recommendations:

Assess the Severity of the Injury

The first step after a dog bite is to assess the severity of the injury. If the bite is minor and doesn't break the skin, it may only require basic first aid. However, if the bite is deep, bleeding profusely, or involves torn flesh, immediate medical attention is necessary. In such cases, call emergency services or go to the nearest emergency room for prompt treatment.

Once the severity of the dog bite is determined, it's vital to clean the wound thoroughly to reduce the risk of infection. Gently wash the area with mild soap and warm water. Avoid using harsh chemicals or hydrogen peroxide, as they can damage the tissue and impede healing. After cleansing, pat the wound dry with a clean cloth and cover it with a sterile bandage or dressing.

Seek Medical Attention

Regardless of the severity of the dog bite, it's advisable to seek medical attention. Even minor bites can lead to complications if not properly treated. A healthcare professional will evaluate the wound, assess the risk of infection, and provide appropriate medical care. They may administer a tetanus shot, prescribe antibiotics, or recommend further tests if necessary.

Gather Information

After receiving initial medical treatment, gather information about the dog and its owner. Note down the dog's breed, size, and any visible markings. Obtain the owner's contact information and inquire about the dog's vaccination history. This information will be crucial for your healthcare provider, as well as animal control authorities, if required.

Document the Incident

Keeping thorough documentation of the dog bite incident is crucial for potential legal proceedings or insurance claims. Take photographs of the wound immediately after the incident and throughout the healing process. Maintain a detailed record of all medical treatments, prescriptions, and related expenses. If there were any witnesses, collect their contact information as well.

Report the Incident

Reporting the dog bite incident is essential to ensure public safety and prevent future incidents. Contact your local animal control or health department to report the incident. Provide them with all the necessary details, including your account of the event, the dog owner's information, and any supporting evidence, such as photographs of the injury or the dog.

Click here to report a dog bite in Houston and Harris County
Click here to report a dog bite in Montgomery County

Consider Legal Action

In some cases, seeking legal advice may be necessary, particularly if the dog bite results in significant medical expenses, lost wages, or emotional distress. Consult with a personal injury lawyer specializing in dog bite cases to understand your rights and legal options. A lawyer can guide you through the process of filing a claim and help you seek compensation for your damages.

How Can a Dog Bite Lawyer Help after an Injury?

A dog bite lawyer can be an invaluable resource if you have suffered an injury from a dog bite. At Wham & Rogers, our expertise in dog bite laws and personal injury cases can significantly assist you in navigating the legal process and maximizing your chances of receiving fair compensation.

Here are some ways that our dog bite lawyers can help you after an injury:

Legal Knowledge and Experience: Our dog bite lawyers specialize in personal injury cases related to dog bites. We have in-depth knowledge of the relevant laws and regulations governing dog bite incidents in Texas.
Determining Liability: Determining liability in a dog bite case in Texas can be complex. Texas observes a “one bite rule” for dog bite cases. That means you have the burden of proving that the dog’s owner knew, or should have known, that their dog had the propensity to be aggressive, or the potential to bite.
Gathering Evidence: Our lawyers will assist you in gathering the necessary evidence to support your claim. This may include medical records, photographs of your injuries, witness statements, and any other relevant documentation. We will also obtain the dog owner's information, vaccination records, and any prior history of aggressive behavior by the dog.
Insurance Negotiations: Dealing with insurance companies can be challenging, as they may try to minimize their liability or offer inadequate compensation. Our lawyers will handle all communications and negotiations with the insurance company on your behalf.
Representing You in Court: If your case proceeds to litigation, our lawyers will represent you in court. We will present your case, cross-examine witnesses, and argue on your behalf.

In Texas, having a dog bite lawyer on your side is crucial to protecting your rights, pursuing justice, and helping ensure that dangerous animals cannot bite again. By enlisting the help of a lawyer, you can also significantly increase your chances of receiving fair compensation for your injuries and related damages.

Get a Free Dog Bite Consultation

If you or someone you love has been bitten by a dog in Harris or Montgomery Counties, Wham & Rogers want to help. We are experienced personal injury lawyers with extensive experience obtaining justice and compensation for our clients.

Get a free dog bite consultation with our lawyers in The Woodlands by calling us at (832) 592-1108, or fill out our online form to reach us online. We are here to support you and get you the best results possible for a full recovery.

When to Hire a Wrongful Death Lawyer in Spring, TX

Thu, 15 Jun 2023 20:55:08 GMT

When to Hire a Wrongful Death Lawyer in Spring, TX

Losing a loved one is a devastating experience. When that loss occurs due to someone else's negligence or intentional actions, the pain can be amplified. In such cases, it may be necessary to seek justice and compensation by hiring a wrongful death lawyer.

At Wham & Rogers, our Spring wrongful death lawyers specialize in navigating the complexities of wrongful death claims. We provide your family with the support needed to hold responsible parties accountable. Below, we explore the circumstances in which hiring a wrongful death lawyer in Spring, TX is essential. If you have questions, please do not hesitate to call us at (832) 592-1108.

Understanding Wrongful Death

A wrongful death occurs when a person's life is taken as a result of another party's negligent or intentional behavior. Wrongful death claims aim to hold the responsible party accountable for their actions and provide financial compensation to the surviving family members who have suffered emotional and financial losses.

Some examples of the types of situations that may constitute wrongful death include:

Car Accidents: Fatalities resulting from car accidents caused by drunk driving, distracted driving, speeding, or other forms of negligence may lead to wrongful death claims. These cases often involve holding the responsible driver accountable for their actions.
Medical Malpractice: When a healthcare professional fails to provide a standard level of care, resulting in the death of a patient, it can be considered medical malpractice. Examples include surgical errors, misdiagnosis, medication mistakes, or negligence during childbirth.
Product Liability: Wrongful deaths can occur when defective or dangerous products cause fatal accidents. This can include defective vehicles, unsafe medical devices, faulty machinery, or hazardous consumer products.
Workplace Accidents: If an employee dies due to unsafe working conditions, inadequate safety protocols, or employer negligence, it may lead to a wrongful death claim. Examples include construction accidents, industrial accidents, or exposure to toxic substances.
Nursing Home Negligence: When a resident of a nursing home dies due to neglect, abuse, or inadequate medical care, it can be grounds for a wrongful death lawsuit. This includes instances of untreated infections, medication errors, physical abuse, or neglectful supervision.
Criminal Acts: If an individual is killed as a result of criminal actions, the surviving family members can pursue a wrongful death claim against the responsible party. Examples include murders, assaults, or acts of violence.
Aviation Accidents: When fatalities occur in plane crashes or other aviation accidents due to pilot error, mechanical failures, or air traffic control negligence, wrongful death claims can be pursued against the responsible parties.
Pharmaceutical Negligence: If a person dies due to dangerous drugs, medication errors, or inadequate warnings about potential side effects, it may be considered a wrongful death case against the pharmaceutical company or healthcare provider involved.
Premises Liability: Fatal accidents that occur on someone else's property due to unsafe conditions, inadequate security, or negligent maintenance may result in wrongful death claims. Examples include slip and fall accidents, inadequate premises security leading to assault, or swimming pool accidents.

The facts of every wrongful death case unique, and the specific circumstances surrounding the incident will determine the legal grounds for pursuing a claim.

Why Hire a Wrongful Death Lawyer in Spring, TX

Every situation is unique, and certain scenarios necessitate the expertise of a lawyer. Hiring a wrongful death lawyer in Spring, TX can help your family in many ways. Here is how our wrongful death lawyers support each client and their pursuit of justice:

Establishing Negligence

In cases where negligence is involved, it is crucial to consult a wrongful death lawyer. Whether it's a car accident caused by a drunk driver, medical malpractice resulting in a patient's death, or an unsafe working environment leading to a fatal accident, proving negligence requires a comprehensive investigation. Wrongful death lawyers have the resources and expertise to gather evidence, interview witnesses, consult with experts, and build a strong case to establish the defendant's liability.

Dealing with Insurance Companies

When a wrongful death occurs, insurance companies may get involved. However, these companies are primarily concerned with minimizing their financial liability. Having a wrongful death lawyer by your side ensures that your rights are protected during negotiations with insurance adjusters. They understand the tactics employed by insurers to undervalue or deny claims and will fight for fair compensation on your behalf.

Handling Legal Complexity

Wrongful death claims involve intricate legal procedures and timelines that can be overwhelming for grieving families. Wrongful death lawyers specialize in handling these complexities, ensuring that all necessary paperwork is filed correctly and within the stipulated deadlines. They are well-versed in the applicable laws and regulations, enabling them to navigate the legal system efficiently.

Quantifying Damages

Determining the value of a wrongful death claim requires an in-depth analysis of various factors such as medical expenses, funeral costs, lost wages, loss of companionship, and emotional distress. Wrongful death lawyers work closely with economic experts to accurately quantify the damages suffered by the surviving family members. Their expertise in this area ensures that no aspect of the claim is overlooked, maximizing the chances of a fair and comprehensive settlement.

Representing Your Best Interests

Grieving families often find it challenging to focus on legal matters while dealing with the emotional aftermath of a wrongful death. By hiring a wrongful death lawyer in Spring, TX, you can rest assured that your best interests are being represented. These lawyers serve as advocates for the bereaved, guiding them through the legal process, providing emotional support, and fighting vigorously to obtain the justice and closure they deserve.

Get the Support You Need after a Wrongful Death

Losing a loved one under circumstances involving negligence or intentional harm is an unimaginable tragedy. Hiring a wrongful death lawyer can alleviate some of the burdens your family is facing. At Wham & Rogers, our goal is to provide you with the necessary legal expertise and support during this challenging time. Our passion is helping victims seek justice and closure.

You don't have to face this battle alone. Contact the wrongful death lawyers in Spring, TX at Wham & Rogers to find out how we can help you. Call us at (832) 592-1108, text us at (832) 413-1428, or contact us online . Your consultation is completely free.

What is Product Liability Law?

Thu, 08 Jun 2023 00:59:57 GMT

Understanding Product Liability Law

In today's consumer-driven society, the safety and reliability of products are of paramount importance. Unfortunately, product designers, manufacturers, and distributors sometimes make mistakes that cause harm to consumers. When that happens, consumers have the right to pursue justice and compensation for their injuries and related losses.

At Wham & Rogers , our Conroe injury lawyers help clients explore their legal rights and options when a product causes them harm. Product liability law serves as a crucial legal framework that holds manufacturers, distributors, and sellers accountable for the products they put on the market. Our lawyers help clients pursue accountability, justice, and compensation.

In the article below, we explore the fundamentals of product liability law, its objectives, and how it safeguards consumers' rights and well-being. If you have questions, please do not hesitate to call us at (832) 592-1108.

Product Liability Law

Product liability law is a branch of civil law that holds manufacturers, distributors, and sellers responsible for any harm caused by their defective products. The primary goal is to provide legal recourse to consumers who suffer injuries or damages resulting from the use of a defective product. This law establishes the legal responsibility of all parties involved in the product's life cycle, including the manufacturer, distributor, and retailer.

Key Principles of Product Liability

Product liability law is guided by several core principles that underpin its implementation and application. These principles include strict liability, negligence, and breach of warranty.

Strict Liability: Under this principle, a manufacturer is held strictly liable for any harm caused by their defective product, regardless of fault. This means that if a product is deemed defective and causes injury or damage, the manufacturer can be held liable even if they were not negligent in designing, manufacturing, or distributing the product.
Negligence: Negligence occurs when a manufacturer fails to exercise reasonable care in the design, production, or marketing of a product. To establish negligence, the injured party must demonstrate that the manufacturer owed a duty of care, breached that duty, and the breach directly caused the injury or damage.
Breach of Warranty: A breach of warranty occurs when a product fails to meet the promises or claims made by the manufacturer or seller. This can be either an express warranty (explicitly stated) or an implied warranty (unwritten, but legally assumed). If a product fails to conform to its warranties and causes harm, the injured party may have a valid claim for compensation.

Types of Product Defects

Product liability law recognizes three main types of defects that can give rise to liability: design defects, manufacturing defects, and marketing defects.

Design Defects: A design defect exists when a product's design is inherently dangerous or flawed, making it unreasonably unsafe for its intended use. In such cases, the product poses a significant risk to consumers, regardless of how it was manufactured. Manufacturers can be held liable for injuries caused by a design defect, even if they followed the manufacturing process correctly.
Manufacturing Defects: Manufacturing defects occur when a product departs from its intended design due to an error or defect that arises during the manufacturing process. These defects may occur in a small number of products within a larger batch or occur as isolated incidents. Manufacturers can be held liable for injuries caused by manufacturing defects, as the defect renders the product unsafe for consumer use.
Marketing Defects: Marketing defects encompass issues related to inadequate warnings, insufficient instructions, or misleading advertising. If a product lacks proper warnings about potential risks or fails to provide adequate instructions for safe use, the manufacturer may be held liable for injuries resulting from the product's foreseeable misuse.

Examples of Product Liability Lawsuits

There are many different types of products that can be the subject of a product liability lawsuit, including:

Toys: Toys that are defective or dangerous can cause serious injuries to children. For example, toys with small parts that can be a choking hazard, toys with sharp edges that can cause cuts, and toys with batteries that can leak and cause burns.
Cars: Cars that are defective or dangerous can cause serious injuries in accidents. For example, cars with faulty brakes, cars with defective airbags, and cars with design defects that make them more likely to roll over in accidents.
Medical Devices: Medical devices that are defective or dangerous can cause serious injuries to patients. For example, medical devices with faulty parts, medical devices that are not properly sterilized, and medical devices that are designed in a way that makes them more likely to cause injuries.
Food and Beverages: Food and beverages that are contaminated with harmful bacteria or chemicals can cause serious illnesses, including food poisoning and botulism.
Construction Products: Construction products that are defective or dangerous can cause serious injuries to workers and homeowners. For example, construction products with faulty materials, construction products that are not properly installed, and construction products that are designed in a way that makes them more likely to cause injuries.

Here are some examples of product liability lawsuits that have been filed in recent years:

In 2020, Volkswagen was facing lawsuits alleging that its diesel vehicles were equipped with software that cheated on emissions tests. The company eventually agreed to pay $15 billion to settle the claims.
In 2019, Ford Motor Company was facing lawsuits alleging that its Explorer SUVs were defective and caused rollover accidents. The company eventually agreed to pay $10 billion to settle the claims.
In 2018, Johnson & Johnson was facing thousands of lawsuits alleging that its talcum powder products caused ovarian cancer. The company eventually agreed to pay $2.1 billion to settle the claims.

If you have been injured by a defective or dangerous product, it is important to speak with an experienced product liability lawyer as soon as possible. An lawyer can help you understand your legal rights and options and can help you file a lawsuit if necessary.

Why Contact a Product Liability Lawyer

Understanding the key principles of product liability and the types of defects that can lead to liability empowers consumers. Still, it is beneficial to work with a skilled product liability lawyer when filing a claim. Why? There are many reasons, including:

Expertise and Knowledge: Product liability lawyers specialize in this area of law and have in-depth knowledge of product liability statutes, regulations, and case precedents.
Evaluation of Claims: A product liability lawyer can assess the strength of your case and determine whether you have a valid claim. They can review the evidence, investigate the product's defects, and identify potential liable parties such as manufacturers, distributors, or retailers.
Gathering Evidence: Product liability cases often require thorough investigation and gathering of evidence to establish liability. Lawyers have the resources and expertise to collect the necessary evidence, including product testing, expert opinions, witness testimonies, and documentation to support your claim.
Negotiating Settlements: Many product liability cases are resolved through negotiation and settlement discussions. Your lawyer can engage in these negotiations on your behalf, advocating for your rights and seeking fair compensation for your injuries, medical expenses, lost wages, and other damages.
Trial Representation: In the event your case goes to trial, having an lawyer by your side is crucial. They will present your case, cross-examine witnesses, and argue on your behalf. Experienced product liability lawyers know how to navigate the courtroom and maximize your chances of a favorable outcome.

By hiring a product liability lawyer, you can focus on your recovery and well-being while knowing that your legal matters are being handled by a professional who has your best interests at heart.

Get a Free Injury Consultation

If you have questions about product liability law, or believe you may have a case, contact Wham & Rogers for help. Our Board Certified personal injury lawyer will carefully assess your situation and help you determine if you have an actionable case.

Get the help you need with a free consultation with a Conroe injury attorney by calling us at (832) 592-1108 or texting us at (832) 413-1428.

Construction Accidents: What to Know and When to Get Legal Help

Thu, 01 Jun 2023 23:14:44 GMT

Construction Accidents: What to Know and When to Get Legal Help

Construction sites are dynamic environments that involve numerous hazards and risks. Despite strict safety regulations and precautions, accidents can still occur, leading to devastating consequences for workers and even bystanders. If you or someone you know has been involved in a construction accident, it’s crucial to understand your rights and know when to seek legal help.

In this article, the construction accident lawyers at Wham & Rogers explore the key aspects of construction accidents, the potential injuries involved, and when it’s beneficial to consult with a legal professional. If you have questions, don’t hesitate to call us at (832) 592-1108.

Common Construction Accidents and Injuries

Construction sites are replete with potential hazards, and accidents can occur in various forms. Some of the most common construction accidents include:

Falls: Falls from heights, such as roofs or scaffolding, are a leading cause of construction site injuries. These accidents often result from inadequate safety measures, lack of fall protection, or defective equipment.
Struck by Objects: Construction workers are at risk of being struck by heavy objects or machinery. Falling tools, building materials, or moving vehicles can cause severe injuries, including broken bones, traumatic brain injuries (TBIs), or even fatalities.
Electrocution: Construction sites have a high risk of electrical accidents. Faulty wiring, inadequate grounding, or contact with overhead power lines can lead to electric shocks, burns, and even death.
Trench Collapses: Excavation work poses a significant danger, with the potential for trenches to collapse. Workers caught in a trench collapse can suffer from crush injuries, asphyxiation, or suffocation.
Machinery Accidents: The use of heavy machinery and equipment on construction sites increases the risk of accidents. Malfunctioning machinery, improper operation, or lack of proper training can result in severe injuries, including amputations, crush injuries, or limb fractures.
Chemical Exposure: Construction sites often involve the use of hazardous substances. Accidental exposure to toxic chemicals can lead to respiratory problems, burns, or long-term health issues.

Construction sites have some inherent risks to those working onsite, as well as those who may be nearby. It is important that construction site owners and operators properly train workers and ensure that construction sites are as safe as possible.

What are the Common Causes of Construction Accidents?

Construction sites are inherently hazardous environments, and accidents can occur due to a variety of factors. Some common causes of construction accidents include:

Electrocution: Construction sites involve the use of electricity, and those nearby may face the risk of electric shocks or electrocution. Contact with live wires, faulty wiring, improper grounding, or inadequate electrical safety measures can result in serious injuries or fatalities.
Trench Collapses: Excavation work poses a significant risk, particularly in trenches and excavations. A trench collapse can lead to workers being buried under soil or construction materials, causing injuries or death. Failure to provide proper shoring or protective systems, inadequate training, or unstable soil conditions contribute to these accidents.
Machinery Accidents: Construction sites utilize heavy machinery and equipment, which can cause accidents if not used properly or if there are mechanical failures. Malfunctioning equipment, lack of safety guards, improper training, or inadequate maintenance can result in workers being caught
Chemical Exposure: Construction workers may be exposed to hazardous substances such as asbestos, lead, solvents, or toxic gases. Failure to provide proper personal protective equipment, inadequate ventilation, or improper handling of chemicals can lead to respiratory problems, burns, or long-term health issues.
Structural Collapses: Structural collapses, such as building or scaffold failures, pose significant dangers to construction workers. Poorly constructed or maintained structures, lack of structural integrity, or failure to follow engineering specifications contribute to these accidents.
Fires and Explosions: Construction sites involve the use of flammable materials, welding, or cutting equipment, which can lead to fires and explosions. Improper storage of flammable substances, failure to follow safety protocols, or lack of fire prevention measures can result in severe injuries or fatalities.
Inadequate Training and Supervision: Insufficient training and lack of supervision contribute to many construction accidents. Workers need proper training on equipment operation, safety procedures, and hazard recognition to mitigate risks effectively. Inadequate supervision may lead to unsafe work practices or shortcuts that can result in accidents.

This list is not exhaustive. There are many potential causes for construction site accidents and injuries. The list above is, however, the most common causes that are frequently reported in accident reports and lawsuits.

Understanding Your Rights

If you’ve been involved in a construction accident, it’s crucial to understand your rights and legal options. In most cases, injured workers are entitled to workers’ compensation benefits. Workers’ compensation provides medical coverage, wage replacement, and disability benefits for work-related injuries or illnesses, regardless of fault.

However, there are instances where workers’ compensation may not fully cover the damages suffered or when a third party is responsible for the accident. For example, if a defective product caused the injury, the manufacturer or distributor could be held liable. Additionally, if a subcontractor or another non-employer party’s negligence contributed to the accident, you may have grounds for a personal injury lawsuit.

When to Seek Legal Help

While workers’ compensation is designed to provide timely benefits, navigating the legal aspects can be complex. Additionally, if you don’t qualify for workers’ compensation, you could be left feeling overwhelmed with your medical expenses or lost wages. In such cases, it can be helpful to seek the guidance of a construction accident lawyer.

Here are a few indicators that it’s time to seek legal assistance:

Severe Injuries: If your injuries are severe, causing long-term disabilities, permanent disfigurement, or impacting your ability to work and earn a living, consulting with a personal injury attorney is advisable. They can help assess the true value of your claim, including future medical costs and loss of earning capacity.
Third-Party Liability: If a third party, such as a contractor, subcontractor, equipment manufacturer, or property owner, contributed to your accident, you may have grounds for a personal injury lawsuit. An experienced attorney can investigate the circumstances, identify liable parties, and build a strong case on your behalf.
Compliance Issues: Construction sites are subject to numerous safety regulations and standards. If the accident occurred due to a violation of safety regulations or inadequate safety measures, consulting an attorney with expertise in construction accidents is essential. They can help determine if negligence or non-compliance played a role in the accident and hold the responsible parties accountable.
Complex Legal Procedures: Dealing with legal procedures, paperwork, and insurance companies can be overwhelming, especially when you are recovering from injuries. An experienced attorney can handle all the legal aspects of your case, including gathering evidence, negotiating with insurance companies, and representing your interests in court if necessary. This allows you to focus on your recovery while ensuring your rights are protected.

It is important to note that each case is unique, and the circumstances surrounding construction accidents can vary. Consulting with a personal injury attorney who specializes in construction accidents will provide you with personalized advice based on the specifics of your situation. They can guide you through the legal process, protect your rights, and help you pursue fair compensation for your injuries, medical expenses, lost wages, pain, and suffering.

Get a Free Construction Accident Consultation

If you have been injured in a construction accident, contact Wham & Rogers for a free consultation. Our lawyers have an abundance of experience helping injury victims pursue compensation. Our Board Certified personal injury lawyer has the knowledge and resources you need to obtain maximum compensation.

Get started by calling us at (832) 592-1108, or by completing our online form .

Wham & Rogers Accident Attorneys are Here for You

Fri, 26 May 2023 00:19:57 GMT

Our Accident Attorneys are Here for You

Accidents and injuries can happen when you least expect them, leaving you physically, emotionally, and financially burdened. When faced with such circumstances, it is crucial to understand that you have legal rights and options available to you to obtain justice and compensation.

Seeking the assistance of a skilled personal injury attorney can make a significant difference in your journey to justice and fair compensation. At Wham & Rogers, our Spring, TX attorneys have more than 60 years of combined legal experience. We know what it takes to build a strong case and get the results that our clients need.

In this article, we will explore how our accident attorneys can provide invaluable support and guide you through the legal process. If you have questions, do not hesitate to call us at (832) 592-1108.

Types of Accident Cases We Handle

Accidents and injuries occur frequently, and across a wide range of industries, scenarios, injuries, and outcomes. At Wham & Rogers, our accident attorneys help clients with all manner of personal injury accidents, including:

Car Accidents
Truck Accidents
Bicycle Accidents
Pedestrian Accidents
Catastrophic Injuries
Traumatic Brain Injuries
Construction Accidents
Wrongful Death

If you or someone you love was injured in an accident due to the negligence or wrongdoing of someone else, contact us to see how our attorneys can help.

How Our Accident Attorneys Help Our Clients

After an accident, it is only natural that you have many questions and concerns. The accident attorneys at Wham & Rogers are committed to providing the utmost support and guidance throughout the legal process. As part of our commitment to our clients, you can count on us for the following:

Expert Legal Advice and Evaluation

One of the primary roles of a personal injury attorney is to provide expert legal advice tailored to your specific case. Our personal injury attorneys possess extensive knowledge and experience in personal injury law and can assess the circumstances surrounding your accident. By evaluating the details of your case, we can determine the legal viability and potential for success in pursuing a claim.

What sets Wham & Rogers apart from many other law firms is that attorney Mark Wham is board certified in personal injury law. To get board certified, an attorney must demonstrate excellence and meet certain standards set by the Texas Board of Legal Specialization (TBLS). Working with a board certified personal injury attorney provides you with extensive knowledge, skill, experience, and resources. Learn more about board certification here .

Investigation and Evidence Gathering

Personal injury attorneys have the resources and expertise to conduct thorough investigations and gather evidence to support your claim. We will interview witnesses, analyze accident reports, obtain medical records, consult with experts, and gather any additional evidence necessary to build a strong case on your behalf. This meticulous approach enhances the credibility of your claim and maximizes the chances of a favorable outcome.

Legal Representation and Negotiation

Navigating the legal system can be overwhelming, especially if you are dealing with physical injuries and emotional distress. Our accident attorneys act as your advocate, representing your interests and protecting your rights throughout the legal process. We will handle all communication with insurance companies, opposing parties, and other legal representatives, ensuring that your best interests are safeguarded.

Furthermore, our attorneys will negotiate with insurance companies to secure a fair settlement. Insurance companies often attempt to minimize payouts, but with our negotiation skills and knowledge of personal injury law, we can help level the playing field. We will fight for the compensation you deserve, taking into account medical expenses, lost wages, pain and suffering, and other relevant damages.

Litigation and Courtroom Representation

While many personal injury cases are settled through negotiation, some cases require litigation. If a fair settlement cannot be reached, we are prepared to take your case to court. Personal injury attorneys are skilled litigators who are familiar with courtroom procedures and have the ability to present a compelling case on your behalf. Our experience and knowledge of the law can significantly impact the outcome of your case.

Access to a Network of Experts

Personal injury cases often require the expertise of various professionals to strengthen your claim. At Wham & Rogers, we have access to an established network of experts in fields such as accident reconstruction, medical professionals, vocational specialists, and economists. These experts can provide critical insights and testimony to support your case, bolstering your chances of receiving fair compensation.

Relief from Emotional Burden

Suffering from an accident and its aftermath can be emotionally taxing. Engaging our personal injury attorneys allows you to focus on your recovery while we handle the legal aspects of your case. Knowing that a knowledgeable and experienced professional is fighting for your rights can provide immense peace of mind during a challenging time.

Get the Help You Need from Our Accident Attorneys

The aftermath of an accident can be overwhelming. But you don't have to face the challenges alone. The Spring, TX accident attorneys at Wham & Rogers are ready to fight for your rights and help you obtain the justice and financial relief you deserve.

If you or someone you love is injured and needs legal guidance, contact us to find out how we can help. With decades of experience and millions of dollars recovered for our clients, we have what it takes to win. For a free consultation, call us at (832) 592-1108, or reach out to us online .

Why Hire a Board Certified Personal Injury Attorney

Thu, 18 May 2023 23:53:38 GMT

Why Hire a Board Certified Personal Injury Attorney

Suffering a personal injury can be a life-altering experience, with physical, emotional, and financial consequences. When seeking compensation for your damages, it is crucial to have a legal expert by your side.

One way to ensure you receive the best representation is by hiring a Board Certified personal injury lawyer. Wham & Rogers attorney Mark Wham is Board Certified in personal injury law. In this article, we will explore the numerous benefits of choosing a Board Certified attorney and how their specialized expertise can significantly impact the outcome of your personal injury case.

If you have any questions about our personal injury services, call us at (832) 592-1108.

Benefits of Hiring a Board Certified Personal Injury Lawyer

There are more than 100,000 licensed attorneys in the State of Texas. Of those, only around 7,500 are Board Certified. Being Board Certified means that the attorney has met certain requirements and is in good standing with the legal community. Why is this important for personal injury clients? Let’s take a look.

Expertise and Specialization

Board certification is an essential indicator of an attorney’s expertise and specialization in a particular field of law. Attorneys who are Board Certified have undergone rigorous testing and evaluation by their respective state bar association or other recognized professional organizations.

By hiring a Board Certified personal injury attorney, you are choosing an attorney who has demonstrated a high level of knowledge, skill, and experience in handling personal injury cases specifically. They are up to date with the latest laws, regulations, and legal strategies in the field, enabling them to build a strong case on your behalf and navigate the complex legal processes with confidence.

Superior Negotiation Skills

Personal injury claims often involve negotiating with insurance companies or opposing parties to reach a fair settlement. Board Certified personal injury attorneys possess exceptional negotiation skills honed through years of experience. They know how to effectively communicate with insurance adjusters and defense attorneys, ensuring that your rights and interests are protected during the negotiation process.

These attorneys have a track record of achieving favorable settlements for their clients, maximizing the compensation you receive for medical expenses, lost wages, pain and suffering, and other damages.

Trial Experience

While most personal injury cases are settled before going to trial, there are instances where litigation becomes necessary. In such cases, having a Board Certified personal injury lawyer is invaluable. These attorneys have extensive trial experience, which equips them with the skills to present a compelling case in court.

From gathering evidence and interviewing witnesses to cross-examining experts, a Board Certified attorney understands the intricacies of the trial process and knows how to build a persuasive argument that resonates with judges and juries. Their courtroom expertise significantly increases your chances of securing a favorable verdict and fair compensation for your injuries.

Access to Resources and Networks

Board Certified personal injury attorneys often have access to a vast network of professionals, including medical experts, accident reconstruction specialists, private investigators, and other key resources. These resources can be crucial in building a strong case by providing expert testimony, gathering evidence, and establishing liability.

Moreover, Board Certified attorneys typically have established relationships with other legal professionals, allowing them to collaborate effectively and leverage their networks for the benefit of your case. By tapping into these resources and networks, your attorney can strengthen your claim and improve your chances of success.

How Do Attorneys Get Board Certified?

All attorneys are licensed to practice law, but not all of them are Board Certified in specific practice areas. Board certification is one of the highest achievements an attorney can achieve. There is a process for becoming Board Certified and attorneys must meet certain requirements as outlined by the Texas Board of Legal Specialization (TBLS).

Here are the steps on how to become a Board Certified attorney in Texas:

Meet the Eligibility Requirements: Attorneys must be an active member in good standing of the State Bar of Texas and have at least five years of experience in the specialty area they are applying for. They must also have completed 60 hours of TBLS-approved continuing legal education in the specialty area within the three years preceding the application.
Complete the Application: The application process is online and can be found on the TBLS website. The application fee is $250.
Submit Application Materials: In addition to the application, attorneys need to submit the following materials:
A copy of the law school transcript
A copy of the bar admission certificate
A writing sample
Three letters of recommendation from lawyers who are familiar with their work in the specialty area
Take the Exam: The exam is a day-long, closed-book exam that covers the substantive law and practice of the specialty area. The exam is administered once per year.
Receive Certification: If the attorney passes the exam, they will be granted a Certificate of Special Competence in the specialty area. This certification is valid for five years.

Here are some specialty areas that are currently offered by the TBLS:

· Administrative Law

· Admiralty and Maritime Law

· Bankruptcy

· Business Law

· Civil Trial

· Criminal Law

· Estate Planning and Probate

· Family Law

· Health Law

· Immigration Law

· Insurance Law

· Intellectual Property

· Labor and Employment Law

· Litigation

· Medical Malpractice

· Real Estate Law

· Taxation

· Trusts and Estates

Becoming a board certified attorney is a valuable way to demonstrate expertise in a particular area of law. It can also help attorneys attract new clients and boost their careers.

How a Board Certified Personal Injury Attorney Helps Clients

When faced with a personal injury claim, hiring a Board Certified personal injury attorney can make a substantial difference in the outcome of your case. Their expertise, specialization, superior negotiation skills, trial experience, and access to resources create a significant advantage for your legal representation.

By choosing a Board Certified attorney, you are entrusting your case to a legal professional who has demonstrated a high level of proficiency in handling personal injury matters. They will fight tirelessly to protect your rights, advocate for fair compensation, and guide you through the complex legal process. Remember, a board certification is a testament to an attorney's commitment to excellence and their dedication to providing the best possible representation for their clients.

Contact a Board Certified Personal Injury Attorney for Help

If you have been injured in an accident, working with an attorney can help you protect your rights, get access to valuable resources, and have the tools needed to obtain maximum compensation.

At Wham & Rogers, our Board Certified personal injury attorney has decades of experience negotiating and litigating personal injury cases. Our team has won millions on behalf of our clients, which is a true testament to our dedication and expertise.

For a free consultation, call (832) 592-1108 or text (832) 413-1428 . You can also reach out to us online via our online contact form .

Resources:

An Overview of Wrongful Death Claims in Texas

Fri, 12 May 2023 01:15:45 GMT

An Overview of Wrongful Death Claims in Texas

Losing a loved one is a painful and difficult experience, especially when their death was caused by the negligence or wrongdoing of someone else. In such cases, family members may be able to file a wrongful death claim to seek compensation for the damages they have suffered. A Spring, TX wrongful death attorney can help.

If you live in Texas and are considering filing a wrongful death claim, the below article will provide an overview of the key aspects of these claims. If you have questions about wrongful death claims, call the wrongful death attorneys at Wham & Rogers for a free consultation at (832) 592-1108.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action that seeks compensation for the death of a person caused by the negligence, recklessness, or intentional act of someone else. The claim is filed on behalf of the deceased person's surviving family members, such as their spouse, children, or parents. The compensation sought in a wrongful death claim can include damages for medical bills, funeral expenses, lost income and earning capacity, and pain and suffering.

Examples of Wrongful Death Claims

Some examples of the types of accidents and injuries that commonly lead to wrongful death claims include:

Medical Malpractice: If a healthcare provider's negligence or error causes a patient's death, the patient's family may be able to file a wrongful death claim. Examples include surgical errors, misdiagnosis, and medication errors.
Car Accidents: If a person is killed in a car accident caused by another driver's negligence, their family may be able to file a wrongful death claim against the at-fault driver.
Workplace Accidents: If an employee is killed on the job due to unsafe working conditions, their family may be able to file a wrongful death claim against the employer or other responsible parties.
Product Liability: If a defective product causes a person's death, their family may be able to file a wrongful death claim against the manufacturer, distributor, or retailer of the product.
Criminal Acts: If a person is killed as a result of a criminal act, such as assault or homicide, their family may be able to file a wrongful death claim against the perpetrator or other responsible parties.
Nursing Home Neglect: If a resident of a nursing home dies as a result of neglect or abuse, their family may be able to file a wrongful death claim against the nursing home or its staff.

This list is not exhaustive, as there are many different situations that can result in a wrongful death. If someone you love has died and you believe their death is the result of negligence, contact a Spring, TX wrongful death attorney to find out more about your rights and options.

Who Can File a Wrongful Death Claim in Texas?

Under Texas law, only certain family members are eligible to file a wrongful death claim. The law recognizes three categories of claimants:

The surviving spouse, children, and parents of the deceased person
The executor or administrator of the deceased person's estate, if none of the above are available
A surviving spouse, children, or parents who have not already filed a claim within three months of the death

It's important to note that siblings, grandparents, and other family members are not eligible to file a wrongful death claim in Texas.

What Are the Key Elements of a Wrongful Death Claim?

To file a successful wrongful death claim in Texas, the claimant must prove the following four elements:

The defendant owed a duty of care to the deceased person
The defendant breached that duty of care by acting negligently, recklessly, or intentionally
The defendant's actions caused the death of the deceased person
The claimant has suffered damages as a result of the death

Proving these elements can be challenging, and it is important to work with an experienced wrongful death attorney who can help gather the evidence needed to support your claim.

What Damages Can Be Recovered in a Wrongful Death Claim?

Under Texas law, there are two types of damages that can be recovered in a wrongful death claim: economic damages and non-economic damages.

Economic Damages: Economic damages are the tangible financial losses suffered by the claimant as a result of the death, such as medical bills, funeral expenses, lost income and earning capacity, and the value of household services the deceased person provided.
Non-Economic Damages: Non-economic damages, on the other hand, are the intangible losses suffered by the claimant, such as mental anguish, emotional pain and suffering, loss of companionship, and loss of consortium.

In addition to these damages, Texas law allows for the recovery of exemplary damages, also known as punitive damages. Punitive damages may apply in cases where the defendant acted with gross negligence or malice. Punitive damages are intended to punish the defendant for their wrongful conduct and deter others from engaging in similar behavior.

What Is the Statute of Limitations for Wrongful Death Claims in Texas?

The statute of limitations for filing a wrongful death claim in Texas is two years from the date of the death. If the claim is not filed within this timeframe, it will likely be barred by the court. However, there are some exceptions to this rule, such as in cases where the defendant concealed evidence or the claimant was a minor at the time of the death.

How Can a Wrongful Death Attorney Help?

Navigating a wrongful death claim can be complex and emotionally draining, especially for family members who are still grieving the loss of their loved one. An experienced wrongful death attorney can help ease the burden by handling the legal aspects of the claim, including gathering evidence, negotiating with insurance companies, and representing you in court.

At Wham & Rogers, we believe in supporting families who have been harmed due to the negligence or wrongdoing of others. Our Spring, TX wrongful death attorneys have an exceptional track record for obtaining maximum compensation in personal injury and wrongful death claims. If you have questions about a potential wrongful death claim, we want to help.

Contact Wham & Rogers to start your free consultation. You can call (832) 592-1108 or text (832) 413-1428 to get started.

What are the Most Common Types of Truck Accidents?

Sat, 06 May 2023 00:03:44 GMT

What are the Most Common Types of Truck Accidents?

Truck accidents can be catastrophic, causing severe injuries or even fatalities. Despite efforts to improve truck safety, accidents still occur frequently. In fact, according to the National Highway Traffic Safety Administration (NHTSA), in 2019, there were 4,119 fatalities in crashes involving large trucks.

At Wham & Rogers, PLLC, we help victims of truck accidents pursue compensation and justice for negligence or carelessness. Our Houston truck accident lawyers have helped truck accident clients recover millions of dollars in damages. Our team has resources you won't find anywhere else. We work closely with the best experts in the industry so you have immediate and effective response. We will even send our experts to the accident scene right away to ensure accurate recording of the accident.

Find out how Wham & Rogers can help you by calling us at (832) 592-1108 for a free consultation!

Most Common Types of Truck Accidents

In this article, we discuss the most common types of truck accidents. Truck accidents occur for many reasons and, therefore, can involve many different types of collision and damage. Some types of truck accident are more common than others, however, such as the following:

1. Rear-end Collisions

Rear-end collisions are the most common type of truck accident. They often occur when a truck driver fails to stop in time and collides with the vehicle in front of them. This can happen due to several reasons, such as distracted driving, speeding, or fatigue. Rear-end collisions can result in severe injuries to the occupants of the other vehicle, especially if the truck is carrying heavy cargo.

2. Jackknife Accident s

Jackknife accidents occur when the trailer of a truck skids to the side, forming a V shape with the cab. This can happen due to sudden braking or turning, especially on wet or slippery roads. Jackknife accidents can be dangerous, as they can cause the truck to spin out of control and collide with other vehicles or objects on the road.

3. Rollover Accidents

Rollover accidents happen when a truck tips over onto its side or roof. This can occur due to various reasons, such as speeding, taking a turn too quickly, or overloading the cargo. Rollover accidents can be deadly, as they can crush the truck's occupants or other vehicles on the road.

4. Underride Accidents

Underride accidents occur when a vehicle collides with the rear or side of a truck and slides underneath it. This can happen due to various reasons, such as sudden braking or a collision at high speed. Underride accidents can be fatal, as they can crush the top of the car and cause severe injuries or even decapitation.

5. Blind Spot Accidents

Blind spot accidents occur when a truck driver fails to see a vehicle in their blind spot and collides with it. Trucks have large blind spots, especially on the right side and behind the trailer. Blind spot accidents can happen when a driver changes lanes or turns without checking their blind spots. These accidents can result in severe injuries, especially if the truck is carrying heavy cargo.

6. Tire blowouts

Tire blowouts can cause a truck driver to lose control of their vehicle and collide with other vehicles or objects on the road. This can happen due to several reasons, such as overloading, under inflation, or worn-out tires. Tire blowouts can be dangerous, as they can cause the truck to swerve or tip over.

7. Lost Load Accidents

Lost load accidents occur when the cargo of a truck falls off or spills onto the road. This can happen due to several reasons, such as improper loading, overloading, or a collision. Lost load accidents can be dangerous, as they can cause other vehicles to collide with the debris or swerve to avoid it.

8. T-bone Accidents

T-bone accidents occur when a truck collides with the side of another vehicle, forming a T shape. This can happen when a truck driver runs a red light or stop sign or fails to yield the right of way. T-bone accidents can be deadly, as they can crush the side of the car and cause severe injuries to the occupants.

What are the Most Common Causes of Truck Accidents?

Truck accidents can have severe consequences, and it is essential to understand the most common causes of these accidents to prevent them from occurring. The most common causes of truck accidents in Texas includes.

Driver Fatigue: Driver fatigue is one of the leading causes of truck accidents. Truck drivers often have long hours of driving, and they may not get adequate rest breaks. When a driver is tired, their reaction time and alertness decrease, making it challenging to respond to unexpected situations on the road.
Distracted Driving: Distracted driving is another common cause of truck accidents. Truck drivers may become distracted by their phones, GPS, or other electronic devices, taking their eyes off the road and hands off the wheel. This can cause them to miss critical information on the road, such as a vehicle suddenly braking in front of them.
Speeding: Speeding is a common cause of truck accidents. Truck drivers may speed to meet delivery deadlines or to make up for lost time. However, speeding can increase the risk of an accident, as it reduces the driver's ability to react to sudden changes on the road.
Poor Vehicle Maintenance: Truck drivers and trucking companies have a responsibility to maintain their vehicles properly. Failure to do so can cause mechanical failures, such as brake or tire failures, which can lead to accidents.
Improper Cargo Loading: Improper cargo loading can also cause truck accidents. When cargo is not loaded correctly, it can shift during transport, causing the truck to become unbalanced or tip over. This can cause accidents, especially when the cargo is heavy or hazardous.
Driving Under the Influence: Driving under the influence of drugs or alcohol is a significant cause of truck accidents. It impairs the driver's judgment and reaction time, making it challenging to operate the vehicle safely.
Weather Conditions: Weather conditions, such as rain, snow, or fog, can also contribute to truck accidents. These conditions can reduce visibility, increase stopping distance, and make the road slippery, making it challenging to control the vehicle.

Get Help with Your Truck Accident Case

If you or someone you love is injured due to a truck accident, contact Wham & Rogers today. Our Board Certified personal injury lawyer has the knowledge and resources that you need to obtain the compensation that you deserve. Wham & Rogers have more than 60 years of combined legal experience. Our commercial vehicle attorneys have obtained numerous million-dollar verdicts and settlements for our clients.

Truck accident cases can be complex, but the team at Wham & Rogers has what it takes to get results. Start your free consultation by calling us at (832) 592-1108.

Why Call a Personal Injury Lawyer in the Woodlands, TX

Sun, 30 Apr 2023 23:06:08 GMT

Why Call a Personal Injury Lawyer in the Woodlands, TX

If you are injured in an accident in Woodlands or surrounding areas, you may be unsure of what to do next. You may receive paperwork or phone calls from insurance companies, may have unexpected medical bills, and may be unable to return to work right away.

All of these things can seem overwhelming when you are recovering from a physical injury. The good news is that you don’t have to go through the aftermath of an accident alone. A personal injury lawyer in the Woodlands can help you protect your rights and obtain the compensation you deserve after an accident.

Read on to learn more about how a personal injury lawyer can help you. If you have questions or need to speak with an attorney, call Wham & Rogers, PLLC at (832) 592-1108 for a free consultation.

Why Call a Personal Injury Lawyer after an Accident

A personal injury lawyer is a legal professional who provides representation to individuals who have been injured due to the negligence or intentional actions of others. It is a good idea to call a personal injury lawyer after an accident for several reasons:

Protection of Your Rights

A personal injury lawyer can help protect your rights and ensure that you are not taken advantage of by insurance companies or other parties involved in the accident. A skilled lawyer will assess the strengths and weaknesses of the case, and determine the potential value of the claim based on the severity of the injury, medical expenses, lost income, and other factors.

Experience and Expertise

Personal injury lawyers have experience and expertise in handling similar cases to yours. They can provide you with valuable advice and guidance throughout the legal process. A personal injury lawyer will investigate the circumstances surrounding the accident or incident that caused the injury, including gathering evidence and interviewing witnesses.

In personal injury cases, the victim has the burden of proving negligence. In other words, the other party failed to meet a standard of behavior that prevents unreasonable risk to others. You must prove that the other party was negligent and that their actions caused your injuries. That means you and your lawyer must compile evidence such as police reports, medical history, financial statements, etc.

Maximizing Compensation

A personal injury lawyer can help you maximize the compensation you are entitled to for your injuries. Your lawyer will calculate medical bills, lost wages, pain and suffering, and other damages as applicable.

Negotiation with Insurance Companies

Insurance companies are often more willing to negotiate with a lawyer than with an individual. A personal injury lawyer can help you negotiate a fair settlement with the insurance company. If you file an insurance claim that is denied, a lawyer can also help you appeal.

Litigation Support

If a fair settlement cannot be reached through negotiation, a personal injury lawyer may file a lawsuit on your behalf. If your case goes to trial, a personal injury lawyer can represent you in court and provide you with the support you need for your case to succeed.

Advice and Support Through the Legal Process

A personal injury lawyer will provide legal advice throughout the legal process, including answering questions and helping you make informed decisions about your case.

Calling a personal injury lawyer in the Woodlands after an accident can help protect your rights, maximize your compensation, and provide you with the support and guidance you need throughout the legal process.

What Types of Cases do Personal Injury Lawyers Handle?

Personal injury lawyers handle a wide variety of cases that involve injuries caused by the negligence or intentional acts of another person or entity. Some examples of cases that personal injury lawyers may handle include:

Car Accidents: Personal injury lawyers can help you pursue compensation for injuries sustained in car accidents caused by the negligence of another driver.
Slip and Fall Accidents: If you have been injured in a slip and fall accident caused by the negligence of a property owner or occupier, a personal injury lawyer can help you pursue compensation.
Medical Malpractice: If you have been injured due to the negligence or intentional misconduct of a medical professional, such as a doctor, nurse, or hospital, a personal injury lawyer can help you pursue a medical malpractice claim.
Product Liability: If you have been injured by a defective product, such as a malfunctioning vehicle or a faulty medical device, a personal injury lawyer can help you pursue compensation from the manufacturer, distributor, or other responsible party.
Dog Bites: If you have been bitten or attacked by a dog, a personal injury lawyer can help you pursue compensation from the dog owner or other responsible party.
Workplace Injuries: If you have been injured at work , a personal injury lawyer can help you pursue compensation from your employer or other responsible parties.

Personal injury lawyers handle cases that involve injuries caused by the negligence or intentional acts of others. The examples above are just a sampling of the type of accidents and injuries that a personal injury lawyer may be able to help you with. If you have been injured in any type of accident, it may be worth consulting with a personal injury lawyer to discuss your legal options.

Get Help with Your Personal Injury Case

If you or someone you love has been injured due to the negligence of someone else, a personal injury lawyer in the Woodlands can provide the representation and support you need to recover. At Wham & Rogers, our Board Certified personal injury lawyer knows well how emotionally, physically, and financially taxing an accident can be. We are dedicated to helping injured victims get the justice and compensation they deserve.

Get help with your personal injury case by contacting Wham & Rogers today. We offer free consultations to every potential client, either by telephone or video conference. We also offer in-home and hospital consultations by appointment. Get started by calling us at (832) 592-1108 .

Workplace Accident Attorney Discusses Workplace Injuries

Thu, 27 Apr 2023 02:59:18 GMT

Workplace Accident Attorney Discusses Workplace Injuries

A workplace accident can cause you injuries or illness, which can then cause you to miss time at work. Add to that medical expenses and the financial and emotional impact, and these injuries can have a tremendous impact on your life. The good news is that there are things you can do to after a workplace injury to recover.

Below, the Spring, TX workplace accident attorney at Wham & Rogers discusses workplace accidents and injuries, and how to get help and the benefits that you need and deserve. If you have questions about a workplace injury, call our personal injury team at (832) 592-1108.

What are the Most Common Workplace Accidents?

There are a variety of workplace accidents that can occur, especially in certain industries and/or occupations. Some of the occupations that have a higher risk of accident and injury include:

Commercial Construction
Power Line Work
Warehouse Work
Factory Work
Oil Field/Maritime Work

Some of the most common accidents that occur in these occupations include:

Slips, Trips, and Falls: These can happen due to wet or uneven floors, cluttered workspaces, or inadequate lighting.
Being Struck by Objects: This can include items falling from shelves or being hit by moving machinery or vehicles.
Electrical Accidents: These can occur when working with faulty equipment, exposed wires, or improperly grounded electrical sources.
Burns: These can result from contact with hot surfaces, flames, or chemicals.
Cuts and Lacerations: These can occur from using sharp tools or handling glass, metal, or other sharp objects.
Respiratory Problems: These can occur from exposure to toxic fumes, dust, or other airborne particles.

It is important for employers to take steps to prevent these types of accidents, such as providing appropriate safety training and equipment, enforcing safety protocols, and regularly inspecting the workplace for potential hazards.

Common Workplace Injuries

Some common workplace injuries include:

Back and Neck Injuries: These injuries are often caused by heavy lifting or repetitive motions.
Carpal Tunnel Syndrome: This is a repetitive strain injury that affects the hands and wrists, often caused by typing or using vibrating tools.
Strains and Sprains: These injuries can occur from overexertion or awkward postures.
Fractures and Broken Bones: These can happen from falls or being struck by objects.
Burns: Burns can occur from contact with hot surfaces or chemicals.
Cuts and Lacerations: These can occur from handling sharp tools or materials.
Eye Injuries: These can occur from exposure to dust or debris, or from being struck by flying objects.
Respiratory Problems: These can occur from exposure to toxic fumes, dust, or other airborne particles.

It is important for employers to take steps to prevent workplace injuries. Employees can also take steps to protect themselves by following safety guidelines and reporting any potential hazards to their employer.

Tips for Preventing Workplace Accidents and Injuries

There are many things that both employers and employees can do to prevent workplace accidents. Here are some tips:

For Employers:

Provide Safety Training: Train employees on safe work practices and procedures, and ensure they understand the risks associated with their job.
Maintain Equipment: Regularly inspect and maintain equipment to ensure it is in good working condition and safe to use.
Encourage Reporting: Encourage employees to report any potential hazards, accidents or near-misses to supervisors or safety personnel so that they can be addressed.
Keep the Workplace Clean and Organized: Maintain a clean and organized workplace to reduce the risk of slips, trips, and falls.
Provide Appropriate Safety Equipment: Provide personal protective equipment (PPE) such as hard hats, safety glasses, and gloves, as well as any other equipment necessary to prevent injuries.

For Employees:

Follow Safety Protocols: Follow all safety protocols and procedures established by the employer.
Use Equipment Properly: Use equipment only as it is intended to be used and follow instructions carefully.
Practice Good Ergonomics: Maintain good posture and body mechanics when lifting or carrying heavy items, and take frequent breaks to avoid overexertion.
Keep the Workplace Clean and Organized: Keep your work area clean and organized to reduce the risk of slips, trips, and falls.
Speak Up: Report any potential hazards, accidents or near-misses to supervisors or safety personnel so that they can be addressed.

By taking these steps, both employers and employees can work together to create a safer workplace and reduce the risk of accidents and injuries.

What is the Difference Between a Workers’ Compensation Claim and a Workplace Injury Lawsuit?

There are several key differences between a workers’ compensation claim and a workplace injury lawsuit.

Fault

One of the biggest differences is that workers’ compensation is a no-fault system. This means that you do not have to prove that your employer or another party was at fault for your injury in order to receive benefits. In a workplace injury lawsuit, on the other hand, you must prove that the other party was negligent in order to recover damages.

Benefits

The types of benefits available through workers’ compensation and workplace injury lawsuits also differ. Workers’ compensation benefits typically include medical expenses, lost wages, and vocational rehabilitation. Workplace injury lawsuits, on the other hand, can also result in compensation for pain and suffering, emotional distress, and other non-economic damages.

Time Limits

There are also different time limits for filing workers’ compensation claims and workplace injury lawsuits. In most states, you have a limited amount of time to file a workers’ compensation claim after your injury. The time limit for filing a workplace injury lawsuit is typically longer, but it is still important to act quickly to preserve your legal rights.

Advantages and Disadvantages

Both workers’ compensation claims and workplace injury lawsuits have their own advantages and disadvantages. Workers’ compensation is a relatively quick and easy process, and it can provide you with the financial assistance you need to recover from your injury. However, the benefits available through workers’ compensation are limited, and you may not be able to recover for all of your losses.

Workplace injury lawsuits, on the other hand, can result in a larger financial award, but they are also more complex and time-consuming. You will need to hire an attorney to represent you in a workplace injury lawsuit, and there is no guarantee that you will be successful.

Contact a Spring, TX Workplace Accident Attorney

If you have a workplace injury or illness and need help exploring your rights and options like workers’ compensation or workplace injury claims, Wham & Rogers can help. Our Board Certified personal injury attorney can help you get the compensation that you deserve.

Learn more about how we can help by calling us at (832) 592-1108, or fill out our online form for a free case evaluation.

Why You Should be Careful What you Say to an Insurance Adjuster

Thu, 20 Apr 2023 22:23:21 GMT

Why You Should be Careful What you Say to an Insurance Adjuster

After an accident or unfortunate event, you may need to contact your insurance company to notify them of any injuries or property damage. You may also need to contact someone else’s insurance company to file a claim. How you handle communicating with insurance companies can have a profound impact on your personal injury case.

Remember, insurance companies do not have your best interests at heart. The insurance company’s goal is to minimize the amount of money they have to pay out in claims, so it’s important to be cautious when communicating with them. Taking the time to prepare and getting the right support can help you get the best outcome possible.

At Wham & Rogers , we have helped numerous clients with all sorts of personal injury matters. We have seen and heard nearly every argument possible from insurance companies attempting to minimize claims. What’s more, we know how to fight back! Call us at (832) 592-1108 to get help with your insurance claim.

What You Say (and Post) Matters

After an accident, you may receive a call from yours, or the other party’s, insurance companies. You may be asked to provide a formal statement about what happened and the outcome. Be very cautious with what you say if you choose to provide a statement. Insurance adjusters are notorious for asking ambiguous questions and confusing consumers to get them to make statements that will harm their case later.

But speaking to insurance companies directly is not the only concern. In today’s digital age, more people are turning to social media as a means of communication and sharing information. Unfortunately, there are drawbacks to having information so readily available. When it comes to insurance claims, insurance adjusters frequently look at social media to get information about claimants.

How Could Social Media Posts Affect my Claim?

If you are posting a lot of details about your accident or injuries, your opinions, or your communications with other parties involved, it could damage your chances of getting a simple and fair settlement. This is especially true if you post comments about your own liability, pre-existing conditions, or other parties involved.

Even seemingly innocuous posts or comments can be used against you. For example, if you make a statement on social media about the accident or your injuries that contradicts what you have previously told the insurance company, this could be used to undermine your credibility.

To protect your insurance claim, it’s best to avoid posting anything related to the accident or your injuries on social media. It’s also important to adjust your privacy settings to limit who can see your posts and to avoid accepting friend requests from people you don’t know.

In addition, it’s a good idea to talk to your personal injury lawyer about social media use and how it could impact your claim. They can advise you on how to best protect your legal interests and ensure that you don’t inadvertently harm your case through your social media activity.

Tips for Communicating with Insurance Companies

If you need to communicate with an insurance company after an accident, here are some tips that may help:

Be Careful What you Say: Avoid making any statements that could be interpreted as admitting fault or downplaying the severity of your injuries or damages. Stick to the facts and be honest, but be careful not to say anything that could harm your case.
Get Organized: Gather any relevant documents or evidence related to your accident, including police reports, medical bills, and repair estimates. This will help you provide accurate and comprehensive information to the insurance company.
Keep Records: Take notes of all conversations with the insurance company, including the date, time, and the name of the person you spoke with. This will help you keep track of what was discussed and ensure that you have accurate records.
Don’t Rush to Settle: Insurance companies often try to settle claims quickly, but it is important to take the time to fully evaluate your damages and understand the extent of your injuries before accepting any settlement offers.
Consider Hiring a Lawyer: If you are having difficulty communicating with the insurance company or feel that you are not being treated fairly, it may be beneficial to hire a personal injury lawyer. They can help protect your legal rights and negotiate a fair settlement on your behalf.

As a general rule, it is best to speak with a lawyer before speaking with an insurance company or adjuster. If you hire a lawyer to represent your interests, they can also handle communicating with insurance companies on your behalf.

Can a Personal Injury Lawyer Help me Communicate with Insurance Adjusters?

Insurance adjusters are trained to minimize the amount of money that their company has to pay out to claimants. They may use various tactics to achieve this goal. A personal injury lawyer can help you communicate effectively with insurance adjusters and protect your legal rights.

A personal injury lawyer can help you prepare for discussions with insurance adjusters by reviewing your case and determining the fair value of your claim. They can also advise you on what information you should disclose to the insurance adjuster and what information you should withhold.

If the insurance company is disputing your claim or denying liability, a personal injury lawyer can advocate for your rights and negotiate a fair settlement on your behalf. They can also represent you in court if your case goes to trial.

Get Help with Your Personal Injury Claim

If you have been injured due to someone else’s negligence or carelessness, you deserve the opportunity to fight for your rights and justice. At Wham & Rogers, our Board Certified personal injury lawyer can help you do just that. We know what it takes to obtain maximum compensation for your injuries, including dealing with challenging insurance adjusters.

If you have questions or concerns about your case, insurance adjusters, or your settlement, contact us today to see how we can help. Call (832) 592-1108 or Text (832) 413-1428 for a free consultation. Our personal injury lawyers also offer video consultations for your convenience.

Brain Injury Lawyers in Texas Discuss TBIs in Auto Accidents

Thu, 13 Apr 2023 23:02:35 GMT

Brain Injury Lawyers Discuss TBIs in Auto Accidents

Traumatic brain injuries, or TBIs, are an unfortunately common injury in auto accidents. Accidents are often preventable, which means that injuries like TBIs are also preventable in many cases. This is especially so when auto accidents are the result of negligence, such as drunk driving, distracted driving, speeding, or other similar factors.

At Wham & Rogers, our brain injury lawyers in Texas know all too well how devastating brain injuries can be. Our lawyers have worked with numerous clients with varying degrees of brain injuries from auto accidents. TBIs have a lasting impact on your life, and you deserve to know your rights when your injuries are due to someone else’s negligence. Find out how we can help you by calling us at (832) 592-1108.

Below, our brain injury lawyers in Texas discuss the types of TBI that are common in auto accidents, the impact on victims, and what you can do to recover compensation after an accident.

Types of Traumatic Brain Injuries Caused by Auto Accidents

There are many types of brain injury that occur in auto accidents . Those most often associated with TBIs include:

Concussion

This is a type of mild traumatic brain injury (TBI) that occurs when the brain is jolted or shaken inside the skull. Concussions can cause symptoms such as headaches, dizziness, confusion, and memory problems.

Contusion

A contusion is a bruise on the brain that occurs when the brain strikes the skull during an auto accident. Contusions can cause symptoms such as headaches, seizures, and changes in behavior or consciousness.

Traumatic Axonal Injury (TAI)

TAI occurs when the brain's nerve fibers are sheared or torn as a result of rapid acceleration or deceleration, such as that which occurs in a car accident. TAI can cause a range of symptoms, including coma, vegetative state, and cognitive impairments.

Hemorrhage

Hemorrhages are bleeding in the brain that occur as a result of a traumatic injury. They can be life-threatening, depending on their severity.

Diffuse Axonal Injury (DAI)

DAI is a type of TBI that occurs when the brain's nerve fibers are stretched or torn as a result of rapid acceleration or deceleration. DAI can cause a range of symptoms, including coma, vegetative state, and cognitive impairments.

What are the Long-Term Effects of Brain Injuries?

The long-term effects of brain injuries can be devastating and life-changing. They can affect a person's physical, cognitive, emotional, and social functioning. The severity of the long-term effects will vary depending on the severity of the injury, the location of the injury, and the individual's age and overall health.

Some common long-term effects of brain injuries include:

Cognitive Impairments: These can include problems with memory, attention, concentration, problem-solving, and decision-making.
Physical Impairments: These can include paralysis, weakness, balance problems, and difficulty with coordination.
Emotional and Behavioral Problems: These can include depression, anxiety, anger, irritability, and social withdrawal.
Seizures: Seizures are a common complication of brain injuries.
Personality Changes: Some people with brain injuries experience personality changes, such as becoming more impulsive or aggressive.
Increased Risk of Dementia: People with brain injuries are at an increased risk of developing dementia later in life.

It is important to note that the long-term effects of brain injuries are not always immediately apparent. Some people may not experience any long-term effects for months or even years after the injury. Others may experience a gradual decline in their abilities over time.

If you have suffered a brain injury, it is important to seek medical attention immediately and to work with a team of professionals to develop a treatment plan that will help you maximize your recovery.

How Can a Brain Injury Lawyer in Texas Help with a TBI?

A brain injury lawyer can help you recover from a TBI in a number of ways, including:

Helping Understand Your Legal Rights: Brain injuries can be complex and confusing, and it can be difficult to know what your legal rights are. A brain injury lawyer can explain the law to you and help you understand your options.
Gathering Evidence: A brain injury lawyer can help you gather evidence to support your case, such as medical records, police reports, and witness statements.
Negotiating with Insurance Companies: The insurance company for the person or company that caused your brain injury will likely try to offer you a low settlement. A brain injury lawyer can negotiate with the insurance company on your behalf to get you the maximum compensation you deserve.
Taking Your Case to Court: If the insurance company refuses to offer you a fair settlement, your brain injury lawyer can take your case to court. A brain injury lawyer will fight for your rights and make sure that you get the compensation you deserve.

In addition to these legal services, a brain injury lawyer can also provide you with emotional support and guidance during this difficult time. They can help you understand the challenges you may face in the future and make sure that you have the resources you need to recover.

Damages Available in Brain Injury Claims

The damages available in a brain injury claim depends on the specific circumstances of your case. Generally, however, damages fall into two categories: economic and non-economic damages.

Economic Damages: These are damages that are measurable and tangible, such as medical bills, lost wages, and property damage. Economic damages aim to compensate the injured person for their out-of-pocket expenses and financial losses.
Non-Economic Damages: These are damages that are less tangible and more difficult to measure, such as pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages aim to compensate the injured person for the physical, emotional, and mental impact of their injuries.

In some cases, punitive damages may also be awarded. Punitive damages are designed to punish the defendant for their wrongdoing and to deter similar behavior in the future.

Contact Our Board Certified Personal Injury Lawyer

If you have suffered a brain injury due to an auto accident or other type of negligence, it is important to speak with a brain injury lawyer as soon as possible. The sooner you get legal representation, the sooner you can start getting the help you need.

At Wham & Rogers, personal injury lawyer Mark Wham is Board Certified in personal injury trial law. He has recovered more than $50 million in compensation for his clients. Mark and the team at Wham & Rogers are passionate about protecting your rights and getting you the compensation that you deserve.

Find out how we can help you recover from a TBI or other auto accident injury by calling us at (832) 592-1108. You can also text us at (832) 413-1428, or email us .

Commercial Litigation in the Woodlands Explained

Fri, 31 Mar 2023 01:53:35 GMT

Commercial litigation is an area of law that is constantly changing. As business and industry change, so must the way that lawyers approach relevant cases. Navigating difficult legal matters can be treacherous and stressful. Fortunately, you don’t have to go it alone.

At Wham & Rogers, LLC, our business and commercial litigation lawyers in The Woodlands have more than 60 years of combined legal experience. We know what it takes to build, maintain, and dissolve businesses while keeping your rights and best interests at heart. If you have questions about a commercial matter, call us at (832) 592-1108.

Below, we provide information about commercial litigation that may be helpful if your business is facing a difficult legal matter.

Commercial Litigation in the Woodlands

Commercial litigation is a type of civil litigation that involves disputes between businesses or other commercial entities. It can cover a wide range of issues, including breach of contract, intellectual property infringement, and antitrust. Commercial litigation can be complex and expensive, and it is often necessary to hire a lawyer with specialized experience in this area of law.

Commercial litigation can take many forms, including arbitration, mediation, or trial in a court of law. The ultimate goal of commercial litigation is to reach a resolution that is fair and equitable to all parties involved. This may involve the payment of damages or the award of specific performance or injunctive relief.

Some of the key features of commercial litigation include:

The stakes can be high, as businesses can lose millions of dollars in a commercial dispute.
The issues can be complex, as commercial litigation often involves technical or specialized legal issues.
The cases can be long and drawn-out, taking years to resolve.
Commercial litigation can cost millions of dollars in legal fees and other costs.

If you are party to a commercial dispute, it is important to consult with a lawyer who has experience in this area of law. They can help you understand your rights and options, and they can represent you in court if necessary.

Types of Commercial Litigation

There are many different types of commercial litigation, but some of the most common include:

Breach of Contract: This is a dispute that arises when one party fails to uphold its obligations under a contract.
Intellectual Property Infringement: This is a dispute that arises when one party uses another party's intellectual property without permission.
Antitrust Violations: This is a dispute that arises when one party engages in anti-competitive behavior.
Securities Fraud: This is a dispute that arises when one party engages in fraud in connection with the sale of securities.
Product Liability: This is a dispute that arises when a product causes harm to someone.
Business Torts: This is a category of torts that includes intentional torts, such as fraud and misrepresentation, and unintentional torts, such as negligence.
Class Actions: This is a type of lawsuit that is brought on behalf of a group of people who have suffered the same injury.

Commercial litigation can be complex and time-consuming. If you are involved in any of the situations above, contact Wham & Rogers. Our commercial litigation team in The Woodlands can help you understand your rights and options.

Is Commercial Litigation the Same as Civil Litigation?

Commercial litigation is a type of civil litigation that involves disputes between businesses. It is similar to other types of civil litigation in that it follows the same basic legal process. However, there are some important differences between commercial litigation and other types of civil litigation.

One of the most important differences is that commercial litigation often involves complex legal issues. Businesses often have complex contracts and relationships, and these can be difficult to understand and interpret. This can make commercial litigation more time-consuming and expensive than other types of civil litigation.

Another difference is that commercial litigation often involves high stakes. Businesses can lose a lot of money if they are not successful in a commercial litigation case. This can make commercial litigation more stressful and emotionally draining for the parties involved.

Finally, commercial litigation often involves multiple parties. In addition to the plaintiff and defendant, there may be other parties involved, such as third-party beneficiaries or insurers. This can make commercial litigation more complex and difficult to manage.

Despite these differences, commercial litigation is still a type of civil litigation. It follows the same basic legal process, and the same rules and procedures apply. However, it is important to be aware of the unique challenges of commercial litigation so that you can be prepared if you are ever involved in a commercial dispute.

Similarities

Here are some of the similarities between commercial litigation and civil litigation:

Both involve a dispute between two or more parties.
Both are resolved through the court system.
Both follow the same basic legal process.
Both can be expensive and time-consuming.
Both can have a significant impact on the parties involved.

Differences

Here are some of the differences between commercial litigation and civil litigation:

Commercial litigation often involves complex legal issues.
Commercial litigation often involves high stakes.
Commercial litigation often involves multiple parties.

What to Look For in a Commercial Litigation Attorney

A good commercial litigation attorney must have a strong understanding of the law, as well as the ability to think strategically and creatively. They must also be able to communicate effectively with clients, opposing counsel, and judges. In addition, they must be able to work long hours and handle stressful situations as they arise.

Here are some of the qualities that make a good commercial litigation attorney:

Knowledge of the Law: A good commercial litigation attorney must have a deep understanding of the law, including the relevant statutes, regulations, and case law. They must also be able to keep up with changes in the law.
Strategic Thinking: A good commercial litigation attorney must be able to think strategically and develop a plan to achieve the client's goals. They must also be able to adapt their plans as the case progresses.
Creativity: A good commercial litigation attorney must be able to think creatively and come up with innovative solutions to problems. They must also be able to think outside the box.
Communication Skills: A good commercial litigation attorney must be able to communicate effectively with clients, opposing counsel, and judges. They must be able to explain complex legal concepts in a clear and concise way.
Work Ethic: A good commercial litigation attorney must be able to work long hours and handle stressful situations. They must be able to stay calm under pressure and make sound decisions.
Teamwork Skills: A good commercial litigation attorney must be able to work effectively as part of a team. They must be able to communicate with other members of the team and share information and resources.

Get Help With Your Commercial Litigation Case

If you are party to a commercial litigation matter, Wham & Rogers can help. Our commercial and business litigation lawyers support our clients from the onset. No matter what type of case you have, our team can help you explore your rights and assess the best options to secure a positive and productive outcome.

To learn more about how our commercial litigation lawyers can help, call (832) 592-1108 or Text (832) 413-1428. We offer free consultations via videoconference or telephone.

Business Lawyers in The Woodlands Answer Your Business Law Questions

Wed, 15 Mar 2023 23:14:15 GMT

Business Lawyers in The Woodlands Answer Your Business Law Questions

At Wham & Rogers, PLLC, our business lawyers in The Woodlands are asked many questions about business law, best practices, and the rights of business owners. In addition to offering comprehensive legal representation, we also want to help individuals understand business law concepts in a simple way.

Below, we discuss some of the most commonly asked questions our attorneys receive, along with practical and useful answers that may be helpful. If, after review, you still have questions, do not hesitate to give us a call at (832) 592-1108.

Answers to Your Business Law Questions

Let’s review some business law and business litigation questions and answers that apply to businesses of all shapes and sizes.

Q: What exactly is a business lawyer?

A business lawyer is a licensed attorney who has education and experience in state and federal laws that apply to starting and operating a business. Business lawyers also often have experience with employment matters, partnerships, intellectual property, trade secrets, and compliance.

Q: What sort of clients does a business law attorney help?

Business law attorneys help clients in all stages of business development – from idea to operation, partnerships to dissolution. At Wham & Rogers, we have helped small businesses, startups, corporations, nonprofit organizations, franchises, and many others.

Q: What can I do to prepare for a consultation with a business lawyer?

If you choose to consult a business lawyer in The Woodlands about your business-related matter, there are a few things you can do to prepare for your consultation:

Create a list of questions to ask
Gather relevant documents
Identify what you want to achieve
Prepare to pay a consultation fee (if applicable)
Establish a reasonable budget you can afford

Q: Do I need a business lawyer to help me resolve a dispute?

If you believe that your dispute will result in litigation, or litigation is already underway, it is beneficial to have a business lawyer on your side. There are a number of steps that a business lawyer can assist you with to protect your rights and interests, and uncover possible resolution options.

Q: Are there options other than litigation for business disputes?

Many business law matters can be resolved through alternative dispute resolution, or ADR. Common ADR methods include arbitration and mediation. These options allow both parties and their legal counsel to appear before a neutral third party (arbitrator or mediator), who will guide them through negotiating a settlement.

Q: What is a nonprofit organization?

A nonprofit organization is a corporation with a specific purpose, including:

Education
Religious
Scientific
Charitable

Most often, nonprofits are dedicated to furthering social causes, advocacy, education, and research. In essence, they are a business operating not for profit, but to further their cause and benefit society. Nonprofit organizations are exempt from state and federal income taxes, and are sometimes referred to as 501(c)3 organizations. 501(c)3 refers to the Internal Revenue Service (IRS) tax-exempt code.

Q: What is the difference between a corporation and an LLC?

Corporations and LLCs (limited liability companies) are similar in that they are both incorporated businesses. A corporation, however, is more formal and requires more oversight, compliance, and structure. An LLC is more flexible in structure and requirements.

Q: I am considering starting a business. What are some things I should consider?

Before starting your own business, there are definitely some important things to consider. At Wham & Rogers, we recommend entrepreneurs consider the following:

What is the mission/purpose of your business?
What type of business entity is right for you
Will you hire employees; and if so, how many?
Explore state and federal tax liabilities
When do you plan to open your business?
Do you have a business plan?
Where are you getting your capital?
Do you need a storefront, warehouse, or equipment?

Q: Do I need to hire a lawyer to start a business?

There is no requirement that you have a lawyer represent you when you start a business. However, starting a business, and then operating it, is a major responsible and there are risks. Working with a lawyer as you start your business can help identify and mitigate risks, ensure that you have considered all possible obstacles, and provide peace of mind that you are starting your business on the right legal footing.

Q: What can I do to minimize risk for my small business?

Starting a small business does have some risk involved. Often, entrepreneurs are using their own money to get started, and they frequently are not well versed in potential perils that may arise. Working with a business lawyer is the best way to minimize risk as you start and operate your small business. Together, we can mitigate risk by doing the following:

Choosing the ideal business structure
Obtaining appropriate insurance
Obtaining necessary licenses and permits
Following best practices for hiring employees or contractors
Drafting thorough contracts
Ensuring compliance with applicable state and federal laws

Q: What does it mean to “pierce the corporate veil?”

Piercing the corporate veil refers to a court allowing plaintiffs and creditors in a business dispute to receive compensation from corporate directors, officers, or shareholders for damages. Generally, recovery is limited to corporate assets.

Contact our Business Lawyers in The Woodlands

The questions discussed above are certainly not the only ones our business lawyers in The Woodlands are asked. These are, however, among the most common. At Wham & Rogers, our goal is to provide high-quality, comprehensive legal guidance to business owners throughout the Greater Houston area. If you have questions about starting or operating a business, contact us to find out how we can help.

Our team of attorneys have helped numerous business owners protect their rights and business interests against even the most complex legal challenges. Find out more by calling Wham & Rogers at (832) 592-1108 , or by completing the form on our website .

Important Things to Know about Property Damage after an Accident

Fri, 10 Mar 2023 00:20:01 GMT

How to Manage Property Damage after an Auto Accident

In addition to any injuries you may be recovering from, your auto accident may also have resulted in extensive property damage. Your vehicle and property inside it may be damaged or destroyed, and you may be able to pursue compensation. In most cases, you can file a claim against the at-fault party’s insurance policy. Your own policy may also cover some damage or loss.

Before you can file an insurance claim, there are some important things to consider about property damage. Let’s take a closer look.

If you have questions about an insurance claim, or need help making sense of a settlement, Wham & Rogers can help! Call us at (832) 592-1108 to learn more.

Locating Your Vehicle After the Collision

If your car has been towed following an accident, it is important for you to find out where your vehicle is being stored. Usually, the officer investigating the accident will provide you with a “tow card”. If not, you may have to contact the officer for more information.

Moving Your Vehicle After the Collision

If the at-fault driver’s insurance carrier accepts liability, you may choose to have that insurance carrier adjust your property damage loss. If you have collision coverage, you may choose to have your own insurance carrier adjust the loss. How you handle moving your vehicle depends on the extent of the damage:

If your car is likely totaled, you should instruct the carrier adjusting your loss to have your vehicle towed to their lot as quickly as possible to avoid liability for storage fees.
If your car is likely repairable, you should instruct the handling carrier to tow the car to the repair facility of your choice.

You have a duty to mitigate your damages. This means that you should make sure you have your vehicle moved promptly.

Which Insurance Carrier Should Adjust my Property Damage Loss?

If the at-fault carrier does not accept liability for the collision, or if the at-fault driver had no coverage, then you will have to use your own insurance to cover property damage. Your insurance carrier may then arbitrate with the other driver’s insurance, if any, to recover the amount they paid to repair or total your vehicle.

If you have collision coverage, you may choose to have your carrier repair your damage. If the at-fault carrier delays in accepting liability, you may choose to have your carrier handle the damage in order to avoid delays in moving your vehicle from storage and delays in adjusting your loss.

If your own insurance carrier handles the property damage, you will be responsible for your deductible. However, your insurance carrier may be able to collect your deductible from the at-fault carrier and, if so, they will refund your deductible.

Loss of Use (Rental)

After an auto accident, you are entitled to loss of use (rental car) from the at-fault carrier, at a reasonable rate and for a reasonable time while your car is being repaired. One of the most common questions accident victims ask is, “who pays for the rental car?”

Who Pays for the Rental Car?

The at-fault carrier may only reimburse you after the fact, rather than providing you a rental through Enterprise or another company. If so, you will have to pay for the rental car yourself and then seek reimbursement. Keep in mind that the rental reimbursement rate used by the insurance company may be lower than what some rental companies actually charge you.

If the at-fault carrier denies liability or delays accepting liability, if you have rental coverage under your policy, you may use that to cover your rental. Often, your insurance carrier will only cover your rental if your insurance is handling the repair or totaling your car. Also, there will be a limit to the rental coverage available, typically $1,200 or $1,500. Once this amount has been exhausted, your insurance company will no longer pay for your rental.

How Long Can I Keep the Rental Car?

Recently, there have been parts shortages and other delays in repairing vehicles. It is important to note that the insurance carrier will not pay for, or reimburse you for, a rental for an indefinite period of time. Furthermore, you do have a duty to mitigate your damages. This means that you should take reasonable steps to have your car repaired as expeditiously as possible.

If parts are delayed significantly, insurance carriers will sometimes “total” an otherwise repairable vehicle. They may also refuse to pay for rental vehicles beyond what they consider to be a reasonable time. If your vehicle is drivable, you may want to wait until all parts are available and in stock before taking it to a repair shop. You may also be able to have the car repaired to a drivable condition and return the car for additional repairs once missing parts are available. The latter option is only applicable if the car can be repaired to a safe drivable condition without the missing parts.

If your car is totaled, you are only entitled to loss of use (rental) until the determination is made that your car is totaled. In that situation, you will have to move quickly to return the vehicle (the carriers typically allow you to keep the rental for 72 hours following the determination that the car is totaled). You may have to return the car before you receive the check from the insurance company for your vehicle.

Diminished Value

If your car is repairable, you are entitled to a diminished value settlement from the at-fault carrier. Typically, your own carrier will NOT pay for diminished value. The amount of diminished value settlement you will receive is based on a few factors, such as:

The value of your vehicle
The ratio of the value of the vehicle to the cost of repairs
The mileage of your vehicle
Whether your vehicle has been previously damaged

For example, if you have a new $50,000 vehicle with $30,000 in repairs, low mileage and no previous claims, your diminished value claim will be higher than if you have a $10,000 vehicle with $1,000 in repairs, with high mileage that has previously been wrecked.

Typically, adjusters will offer approximately 10% of the repair costs for the diminished value, but may adjust their offer based on the value of your vehicle.

If you have a loan on your vehicle, the insurance carrier may issue the check jointly to you and your lender. Your lender may be entitled to the diminished value settlement under the terms of your loan agreement.

Key Tips for Filing a Property Damage Claim

If your auto accident caused property damage, there are a few ways you can help the claims process go smoother:

Make sure you have correct contact and insurance information for the at-fault party
Ask witnesses to provide statements on the accident
Notify the police at the scene and complete a report
Take photos and/or videos of the accident scene, injuries, and property damage
Report the accident to your insurer as soon as possible

Perhaps the most important tip for a successful property damage claim is to contact a skilled car accident lawyer for help. At Wham & Rogers, we understand the complexities and potential obstacles to filing insurance claims. Our Woodlands car accident lawyers have decades of experience helping accident victims get the full amount of compensation they deserve.

Find out how we can help with your property damage or personal injury claim by contacting us for a free consultation. You can call us at (832) 592-1108, or request a free consultation via our online contact form .

How Can a Woodlands Car Accident Lawyer Help Me?

Fri, 03 Mar 2023 23:27:48 GMT

How can a Woodlands car accident lawyer help you? Let’s take a closer look.

If you have been injured in a car accident, you may be wondering what your legal rights and options are, especially if the accident was caused by someone else. The best way to find out is to contact a Woodlands car accident lawyer.

At Wham & Rogers, we have decades of experience helping car accident victims in The Woodlands, Conroe, Spring, and surrounding areas.

We know what it takes to protect your rights and get the compensation you need after an accident. Call us for a free consultation of your case at (832) 592-1108.

What Does a Woodlands Car Accident Lawyer Do?

Every car accident case is different, but there are some general actions that car accident lawyers take in most every case. Some things that a car accident lawyer does, include:

Communicating with insurance companies
Obtaining evidence from the accident scene
Obtaining and organizing medical records
Communicating with healthcare providers
Obtaining and organizing medical care records and treatment plans
Organize and present evidence to prove liability
Negotiate with lien holders
Negotiate a potential settlement
Take your case to trial, if necessary

Having a Woodlands car accident lawyer on your side takes unnecessary stress off you and your family while you recover. Additionally, a skilled lawyer can help prove your case and maximize the amount of compensation you can receive.

How a Woodlands Car Accident Lawyer Builds Your Case

To build a strong car accident case, there are a few things that a car accident lawyer will do:

1. Conduct a Thorough Investigation

An experienced personal injury lawyer will thoroughly investigate the accident to determine the contributing factors and who was at fault. To do this, a lawyer will consider factors like:

Driver distraction
Road conditions
Signage and traffic signals
Vehicle or part malfunctions

At Wham & Rogers, we often work with accident reconstruction experts to gain a better understanding of the accident and potential contributing factors.

2. Determine Who is At Fault

In some car accident cases, the at-fault party seems fairly obvious. For example, a drunk driver running a stoplight and T-boning another car. However, in many accident cases, there are multiple contributing factors that must be considered when determining liability. Some factors that a skilled car accident lawyer will consider include:

Was the at-fault driver driving a company vehicle?
Was there a vehicle malfunction that caused the accident?
Did roadway hazards contribute to the accident?

In cases like these, there may be more than one party at-fault for an accident. It is important that all at-fault parties are held liable when their negligence causes injuries.

3. Negotiate with Insurance Companies

Insurance companies are tasked with providing coverage for drivers in the event of an accident. Unfortunately, when a car accident occurs, insurance adjusters will often try to minimize the damage and, consequently, the claim amount. Insurance adjusters work for the insurance company and may minimize your injuries and related losses in order to save the insurance company money.

A Woodlands car accident attorney will communicate and negotiate with insurance companies – yours and others involved – to ensure that your claim is not undervalued or minimized.

4. Calculate Future Medical Costs

Injuries from car accidents often result in ongoing medical treatment, or in some cases, permanent disability. When this happens, it is important to have a car accident lawyer on your side who can calculate future medical costs as part of your compensation. At Wham & Rogers, we consider the entirety of the harm you are suffering, including future costs associated with your injuries, such as:

Loss of income
Future medical expenses
Pain and suffering
Disability

For car accident victims and their families, the aftermath of the accident extends much farther than the immediate future. Your car accident case should too.

5. Protect Your Legal Rights

In the aftermath of a car accident, it is reasonable for you to feel overwhelmed and unsure of what comes next. Working with a Woodlands car accident lawyer can provide you and your family with peace of mind that your legal rights are being protected. This includes abiding by important guidelines and personal injury laws, such as:

Making sure your claim is filed within the statute of limitations.
Making sure your claim and all legal documents are prepared and filed correctly.
Ensuring that insurance companies do not take advantage of you.
Ensuring that the legal process – settlement or trial – is as smooth as possible.
Following all applicable rules of the court hearing your case.

At Wham & Rogers, protecting your rights is an utmost priority. Car accident cases can be complicated, and it is important that your legal team understands applicable laws and rules, and knows how to ensure you are protected in every way.

Can I Afford a Car Accident Lawyer?

One reason why many car accident victims choose not to contact a lawyer is fear that they cannot afford legal representation. At Wham & Rogers, we eliminate that fear by providing services on a contingency fee basis.

A contingency fee basis means that we do not charge you for our legal services unless we recover compensation for you. If we recover compensation, we will subtract a pre-determined percentage from the verdict or settlement amount to cover our fees and any costs associated with your case.

Contact a Woodlands Car Accident Lawyer to Learn More

If you or someone you love has been injured in a car accident due to someone else’s negligence, contact Wham & Rogers today. Our car accident lawyers bring decades of experience in personal injury law to every case. What’s more, founding partner Mark Wham is a Board Certified Specialist in personal injury law. This distinction sets our firm apart as true experts in the field of personal injury law.

Learn more about your rights and options after a car accident by contacting Wham & Rogers for a free case evaluation. We offer consultations via telephone or video conference. If you are unable to travel, we can also arrange to meet you at home or in the hospital.

RENE S. ROGERS THE WOODLANDS TX, PERSONAL INJURY ATTORNEY

bthompson@dealerwebb.com (Brett Thompson) — Sat, 09 Jul 2022 05:31:23 GMT

Call Wham & Rogers, PLLC to learn more about this Martindale-Hubbell® AV® PreeminentTM Rated attorney. Rene S. Rogers of Wham & Rogers, PLLC 1790 Hughes Landing Blvd. Ste. 400, The Woodlands, TX 77380. Practice areas include Trucking Collisions, Personal Injury Attorney, Automobile Collisions, and Wrongful Death Claims. For more than 130 years, lawyers have relied on the AV® PreeminentTM rating while searching for their own expert attorneys. Now anyone can depend on this important, trusted rating. The Martindale-Hubbell® AV® PreeminentTM rating is the highest possible rating for an attorney for both ethical standards and legal ability. This rating represents the pinnacle of professional excellence. It is achieved only after an attorney has been reviewed and recommended by their peers – members of the bar and the judiciary. Rene S. Rogers has achieved an AV® PreeminentTM Rating from Martindale-Hubbell®.

PTSD FROM ASTROWORLD

Wed, 10 Nov 2021 19:23:22 GMT

Do You have PTSD from the Astroworld Disaster?

Horrific physical injuries and deaths at Astroworld have been well documented. The likely psychological injuries, however, have received less attention.

Post-traumatic stress disorder often causes debilitating symptoms, and its impact spreads far beyond the battlefield. According to the National Institutes of Health , 6.8% of US adults suffer from PTSD, and more than 1/3rd of those are “seriously impaired” as a result of the disorder.

The Symptoms Required for Diagnosis

Persistently re-experiencing the trauma through at least one of:

unwanted, upsetting memories
nightmares
flashbacks
emotional distress or “physical reactivity” after being exposed to something that reminds you of the trauma

Avoidance of either or both (1) trauma-related thoughts or feelings or (2) trauma-related external reminders

At least two of these symptoms appeared, or became worse, after the trauma

Inability to recall key features of the trauma
Overly negative thoughts about yourself or the world
Exaggerated blame of yourself or others
Negative mood
Decreased interest in activities
Feeling isolated
Difficulty experiencing positive feelings

Alterations in arousal and reactivity, through:

Irritability or aggression
Risky or destructive behavior
Hypervigilance—in other words, being “on guard” for the potential of new trauma
Heightened startle reaction—for example, having inappropriate “jump scare”-type reactions to loud noises or someone walking up behind you
Difficulty concentrating
Difficulty sleeping

The symptoms last more than one month

The symptoms cause you distress, and/or impair your ability to function socially or at work or school

We at Wham & Rogers have helped many clients with PTSD obtain justice for their injuries and compensation that allows them to seek the treatment they need. If you or someone you know were injured, nearly injured, or witnes sed another person’s injury or death at Astroworld, and are experiencing PTSD symptoms, we may be able to help. For a free consultation, call us at (832) 592-1108, text us at (832) 413-1428, or fill out our contact form .

$10,000,000 DAMAGE AWARD

Sun, 01 Aug 2021 19:55:56 GMT

$10 Million Wrongful Death Claim Victory

A San Jacinto County jury awarded $10,000,000 to the plaintiffs in a wrongful
death claim on Monday. Mark and Ryan Wham of Wham & Rogers, PLLC, along
with co-counsel Bennie Rush, represented the parents of Marley Chapla, a 21-
year-old college student who was killed when an 18-wheeler attempted to cross
US-59 and blocked Ms. Chapla’s lane in the process.

The plaintiffs alleged that the defendant, Curtis Adair, was responsible for the
collision because he made an unsafe left across highway 59, blocking both
southbound lanes. The defense argued that Marley Chapla was primarily
responsible for her death, because she was driving at an excess rate of speed.
The jury found that the truck driver was 75% responsible for Ms. Chapla’s death,
and that Ms. Chapla was 25% responsible.

The jury awarded damages totaling $10,000,000.00, with $9,000,000.00 going to
the parents for past and future mental anguish and loss of companionship with
their daughter, and $1,000,000.00 going to Ms. Chapla’s estate, for mental
anguish she suffered prior to her death.

DISTRACTED DRIVING UPDATES IN TEXAS

Fri, 11 Jun 2021 19:46:52 GMT

Helpful Updates on Distracted Driving Laws in Texas

Smartphones seem to do everything, except make us better drivers. In Texas and many other states, handheld devices are illegal. Texting or surfing the web and driving is definitely illegal, as some studies have shown distracted driving is more dangerous than drowsy driving.

Unfortunately, the rise of digital technology has resulted in an increase of car accidents, and not just among young people. Despite digital ad campaigns and hefty tickets, people continue to drive distracted. If you were injured in a car accident as a result of a negligent distracted driver, the attorneys at Wham & Rogers, PLLC can assist with your claim.

Distracted Driving Updates

In Texas, it is illegal to craft a text message or respond to receive messages, answer an email, scroll Instagram or Facebook, or make a phone call without Bluetooth technology. Any use of a handheld device is a violation of the statute. If ticketed, the driver is subject to a $60 fine and three points added to their license. If a driver is distracted and strikes another vehicle, pedestrian, or cyclist, they are liable for damages and injury caused to the victim. During discovery, a plaintiff’s attorney can request phone records from the defendant to determine if distracted driving was a potential cause.

Sometimes the driver may admit fault at the scene, but this is extremely rare. Unfortunately distracted driving is linked to more and more collisions and even fatalities. Unlike the weather or mechanical malfunctioning, distracted driving is both predictable and preventable.

Next Steps after a Car Crash

If you are in a collision with another driver and suspect they may have been texting just prior to the accident, try to obtain their identification and the make and model of their car, if safe to do so. If possible, take a photograph of the vehicle damage along with their car insurance information so you can file a claim with your insurance company. Contact the police so that a police statement can be written and used as evidence. If the officer believes distracted driving was the cause of the accident, he or she might issue the other driver a citation or summons for violating the statute.

If you sustained an injury because of the accident, even if you think you can drive home, seek medical treatment. Some injuries from collisions are latent, but it is important you get the treatment you need. Serious car collisions often result in injuries to the neck, back, wrists, or worse. You may need medical imaging, physical or occupational therapy, durable medical equipment, and other treatment for which you should not be held financially responsible.

Schedule a Consultation After Your Accident

If you or a loved one was in a serious car crash because of distracted driving, call our attorneys at Wham & Rogers, PLLC . We specialize in personal injury claims, and we will not rest until you receive the compensation and justice you deserve. Do not let another driver’s negligence and cell phone addiction cost your health and additional property damages, and do not settle for the insurance company’s first low offer. Contact our attorneys to get on the path toward healing.

HIT AND RUN CAR ACCIDENTS

Fri, 11 Jun 2021 19:45:03 GMT

Things to Know about Hit and Run Car Accidents in Texas

Were you in a car accident with a hit and run or phantom driver? You might think you are out of luck in placing liability on a person you cannot track down, but this is not always the case.

Even if the driver cannot be identified or located, you can and should file a claim with your own insurance company due to your loss. If your insurance company denies you full coverage or does not reimburse you for your out-of-pockets, you can file a claim against your own insurer.

Hit and Run Accidents in Texas

Leaving the scene of an accident in Texas is illegal. It is a crime with penalties ranging from six months in jail to ten years in prison, along with hefty fines. Knowingly leaving the scene after striking a pedestrian or cyclist or with knowledge that the collision caused bodily injury is heinous. Even leaving the scene of an accident only to return later is still illegal.

If you were involved in an accident with a hit and run driver, you need to call the police immediately to file a damage report, seek medical treatment, and provide a description of the driver and/or the vehicle, and any damage sustained to their car due to the impact. The police can put out an all points bulletin and even notify regional authorities and the news media of the driver’s physical description and the description of the car. Often suspects are caught within a few days after their vehicle (with noticeable collision damage) is spotted. In that case, if the defendant is apprehended, your insurance company can aptly bring a claim against their insurance company (if they are insured) or the defendant themselves.

Determining Your Coverage Limits

If the driver was uninsured, underinsured, or you were never able to identify them, your insurance company should still cover the damages provided you obtained an uninsured motorists addition to your policy. Even if you did not, your insurance company should cover the cost of repairing your vehicle or declaring it a total loss and refunding you the fair market value of the car, rental car expenses, transportation, and medical bills. If you financed your car and purchased comprehensive collision coverage, review your declarations page to determine what coverage is extended to you.

In addition, if you purchased GAP insurance from your dealer, a third party insurer or your car insurance adjuster, review your policy and file a claim for assistance in paying the balance on a car loan for a vehicle that is now deemed a total loss. Texas law requires that all drivers maintain PIP (personal injury protection) at a minimum of $2,500 dollars. PIP coverage is utilized for the driver, guests or passengers when injured in an accident, regardless of fault.

If you are confused about your coverage, your insurance company is denying coverage, or your insurance company is not attempting to locate the hit and run driver, you may have a claim. Keep records of all communications, invoices and medical bills and contact our attorneys at Wham & Rogers, PLLC .

Call Wham & Rogers, PLLC Today

If you or a family member was injured in a hit and run accident, do not delay to seek the help you need. What happened to you was unfair, but you are entitled to damages and compensation for property loss and medical bills. Do not delay, contact our attorneys at Wham & Rogers, PLLC to schedule a consultation and discuss your options.

WHAT ARE PUNITIVE DAMAGES?

Sun, 30 May 2021 19:36:38 GMT

What are Punitive Damages in a Personal Injury Claim?

If you were recently involved in a car accident, you might be wondering what damages you are entitled to receive. As we have previously discussed, Texas does not have a cap on non-economic and economic damages . However, punitive damages are possible in personal injury cases but rarely assessed against an individual defendant absent wanton and willful or reckless conduct.

How Do Courts Measure Punitive or Exemplary Damages

Punitive damages are often discussed in high-profile cases, such as against BP during the major oil spill in 2010. Courts impose punitive damages on large companies that have committed grievous torts as a punishment to ensure that the defendant does not commit the same negligent act again. In most states, punitive damages cannot exceed non-economic or economic damages by an 8 to 1 ratio.

In Texas, punitive damages are limited to no more than two times the award of compensatory damages to the plaintiff. In addition, these damages are usually not paid to the plaintiff, unlike restitution. Instead, punitive damages are applicable in cases where the defendant has committed such a heinous act, that the court finds it appropriate to assess punitive measures aside from volunteer service or other means of reconciliation.

In cases in which an award of punitive damages is allowed absent a showing of actual malice, the plaintiff must demonstrate, on the part of the defendant, such extraordinary or outrageous conduct as to amount to the possible legal equivalent of actual intent or actual malice, or wanton and reckless disregard. The court will only impose punitive damages against a defendant in Texas when they have shown outrageous conduct, actual malice against the plaintiff(s) that might have been motivated by hate or premeditated harm.

The damages are not meant to compensate the plaintiff for a demonstrative loss, rather punitive damages are reserved specifically to punish the defendant and establish that the defendant’s behavior is not to be repeated, mimicked or imitated by other bad actors. In addition, courts cannot assess punitive damages unless an award for compensatory damages to the plaintiff has already been made.

Deterrence and Punishment

Texas case law sometimes refers to punitive damages as exemplary damages. Recently, courts have indicated in their holdings (a summary for why the judge has made a decision) that exemplary damages are reserved when the court wants to deter and warn others from committing a similar intentional tort or acting without regard for the safety or welfare of others. Texas Civil Procedure & Remedies Code 41.009 states that punitive damages can only be enforced in cases of fraud, malice or gross negligence. Malice applied to a car collision might include deliberate rear-ending of another vehicle, running a car off the road, or deliberately crossing the median to strike another vehicle head on. The common denominator is willful and wanton or intentional conduct with the intention to cause harm to the plaintiff.

Call Our Personal Injury Lawyers Today

Understanding what damages you may be entitled to, what the statute of limitations is or what court has jurisdiction over your case can be confusing. If you or a loved one were injured, do not go it alone. Our personal injury lawyers at Wham & Rogers possess decades of combined experience representing plaintiffs in thousands of tort claims. You will not pay unless we recover from the defendant on your behalf. If retained, we will review the facts of your case and outline your options for relief. Contact us today to schedule a consultation.

NEXT STEPS AFTER A RIDESHARE COLLISION

Sun, 30 May 2021 19:34:21 GMT

Steps to Take after a Rideshare Collision

Were you or someone you know recently injured in a car accident with a ride-share driver? Are you having difficulty managing the claims process with your insurance adjuster? Ride-share accidents with Uber, Lyft and other third party rideshare services continue to increase in number as more people utilize their services.

Some drivers have poor driving records and yet are able to obtain a rideshare gig because rideshare companies do not thoroughly vet their independent contractor drivers. Furthermore, rideshare companies have gone to great lengths in their effort to avoid liability for third-party contractor collisions, incidents, and even claims of harassment and abuse towards passengers. If you need assistance with your personal injury claim, contact our litigators at Wham & Rogers, PLLC

Determining Liability for Rideshare Collisions

The first step in a personal injury claim is determining who is liable for the incident. If you were a passenger in a rideshare driver’s vehicle in a single car crash, barring an Act of God, the driver would be held liable for any injuries you sustained in the collision. If another vehicle hit the rideshare driver head on, or he or she was rear-ended by another vehicle, the other driver might be liable. Similarly, a multiple vehicle crash can be a nightmare for insurance adjusters to sort through, but even worse for the injured victim.

After an accident, call the police immediately. Sometimes when the police file an accident report they also issue the at-fault driver a ticket. Take pictures of the damage to all involved vehicles and get the contact information of any potential witnesses, passengers, and drivers at the scene. If you are physically injured, seek emergency medical attention. Often adrenaline suppresses pain immediately after the accident, but the next day you might be in severe discomfort or notice bruises and lacerations from the event. It is important that you seek treatment right away to establish a plan of care.

Damages Available in Rideshare Injury Claims

Plaintiffs are entitled to compensation for property damage, personal injury (medical bills, physical therapy, disability modifications), as well as lost wages, future lost wages, incidental expenses like a rental car, and in some cases, damages for pain and suffering or emotional distress. In Texas, unlike neighboring states, there is no cap on economic damages. Texas also does not have a cap on non-economic damages like pain and suffering, emotional distress, loss of consortium, and other losses that ca not be attributed to a billing statement. There is only a cap on non-economic damages for medical malpractice claims. Similarly, a multiple vehicle crash can be a nightmare for insurance adjusters to sort through, but even worse for the injured victim.

Call Today for a Free Consultation

If you or a loved one is suffering from debilitating injuries due to a rideshare driver’s negligence, you are entitled to damages. Do not let the insurance companies bully you into taking less than you deserve. You need an advocate to ensure you receive compensation for your property damages, out-of-pocket costs, lost wages, and medical bills. Contact our plaintiffs personal injury attorneys today at Wham & Rogers, PLLC to discuss your case and review your options.

STEPS TO TAKE AFTER A MOTORCYCLE COLLISION

Sun, 30 May 2021 19:32:07 GMT

Find Out What Steps to Take after a Motorcycle Collision

Motorcycle accidents can be extremely serious and sometimes fatal. In Texas, motorcyclists over the age of 21 are not required to wear a helmet when operating a motorcycle, but even with the proper safety equipment, many riders are injured in dangerous collisions with motor vehicles.

Safety officials also encourage motorcycle riders to wear a helmet and proper safety equipment to mitigate the risk of severe injuries or death. Statistics indicate that most crashes take place within five miles of a cyclist’s home, and when the driver is going less than 30 mph, although sometimes high speed is a contributing factor.

Most often in accidents between a rider and a driver, the vehicle driver is making a left hand turn onto traffic and does not look left again to be sure the intersection is clear; or the driver simply does not see the motorcycle rider. Serious motorcycle collisions can result in permanent disability, a lifetime of medical bills and affect the victim’s employment prospects. Our attorneys at Wham & Rogers, PLLC specialize in plaintiff personal injury cases, including motorcycle accidents. We will fight so that you are justly compensated for your losses.

Motorcycle Crash Causes

The National Traffic and Highway Safety Administration (NHTSA), states that motorcyclists are 27 more times likely to die in a motorcycle crash than a vehicle driver. While driving a motorcycle is not an inherently dangerous activity, it is crucial that riders wear a helmet, wear reflective clothing if driving at night, and keep a safe distance from vehicles. There are various campaigns in the United States to educate drivers about sharing the road, looking twice for motorcycle riders and maintaining a safe distance between their vehicles and riders on major highways.

If you took every safety precaution possible and were still the victim of a severe motorcycle collision, you should seek treatment and consult a licensed attorney for help with your claim. Our attorneys at Wham & Rogers, PLLC work with injured motorcycle riders to ensure they are justly compensated for their losses.

Next Steps after a Collision

After an accident, you may be suffering from debilitating pain, numbness, muscle weakness, broken or fractured bones, swelling, lacerations, head trauma, or internal bleeding. You may require advanced treatment for a concussion or head injury and may need long term physical therapy, home health nursing assistance, and costly medications. You may be unable to work, attend classes, provide and care for your children and loved ones, take care of your basic needs, or enjoy the quality of life you previously shared. Your long-term income prospects might be jeopardized and you may have a claim for lost wages, future lost wages, collision expenses, a rental vehicle reimbursement, and other property damages.

It is also important that if the other driver’s insurance company reaches out to you for a statement, that you decline to speak until you have consulted with a lawyer. Insurance companies do not have your best interests in mind; they want to settle quickly and for much less than what your claim is worth. Our firm works to protect your rights and recover all damages you are entitled to under the law. If you need help with your motorcycle accident claim , are worried about how you will pay for medical bills, or are now unemployed due to someone else’s negligence, you deserve justice.

Call Wham & Rogers, PLLC Today

If you or a loved one was recently injured or suffered a fatality from a motorcycle accident, call the lawyers at Wham & Rogers, PLLC . We serve clients throughout the Houston, Texas region for all personal injury suits including serious and fatal motorcycle accident claims. Call today to schedule a free consultation.

INSURANCE CLAIMS AFTER ICE STORM DAMAGE

Sat, 20 Feb 2021 15:33:12 GMT

What to Know about Insurance Claims and Ice Storm Damage

Following Winter Storm Uri, many Houston-area homes have been damaged by burst pipes, and even by issues like sewer backup resulting from long power outages at treatment facilities.

If your property has been damaged—although legal issues may be low on your list of priorities right now—there are some important things to keep in mind for insurance claims:

Steps to Take after Ice Storm Damage

When ice damages your home, it is important to report it to your insurance company. It is also important to preserve certain information and evidence, and mitigate the risk of additional damage. Here are some tips for how to do so:

Report your claim as soon as possible.
Read your homeowner’s insurance policy carefully. It likely contains conditions about giving prompt notice of damage, and how and to whom you must give notice. Insurance companies will use any failure to comply with those conditions to deny your claim. If you have already missed deadlines, you should still make an effort to comply—“substantial” (but not precise) compliance is often enough to protect your rights.
Document all damage. Take pictures of the damage and surrounding areas, fixtures, and keep copies of any repair quotes or receipts.
Save and bag all damaged materials.
Do not give into pressure from your insurance company to accept a quick settlement before fully evaluating your damage.
If your insurance company denies your claim, don’t just take their word for it. After crises like this one, insurers often start to issue bad faith, blanket denials of coverage—it happened after Hurricane Harvey, too. Your property damage may be covered even if your insurer says otherwise.

Finally, if you feel that your insurer has denied your claim in bad faith or is undervaluing your property damage, or if you simply want assistance navigating this process, please reach out to us . Whether you’re dealing with damage to your home, pool, business, or any other property, we’ll be happy to help.

Other Resources

Below are some additional resources that can help guide you through the immediate aftermath of a pipe burst and with filing insurance claims:

HOW (AND WHY) TO GET YOUR CRASH REPORT

Tue, 16 Feb 2021 17:04:23 GMT

Find Out How to Get Your Crash Report, and Why It is Important

After an accident, it is helpful to get a copy of the crash report filled out by law enforcement at the scene. In this post, we tell you how, and why it is so important.

How do I Get a Copy of a Crash Report?

Texas crash reports are available online from the Texas Department of Transportation (TxDOT). Because they contain confidential information, crash reports are not available for online viewing by the general public, but you can download your crash reports from the TxDOT website .

When Will My Crash Report be Available?

Texas Transportation Code (TTC) §550.062 requires a law enforcement officer who investigates a crash and completes a Texas Peace Officer’s Report (CR3) to submit the report to the Texas Department of Transportation (TxDOT) not later than the 10th day after the date of the crash. However, the reports are sometimes available for download sooner, and sometimes it takes longer for the report to be posted. In cases involving a drunk driver or a fatality, it may take considerably longer for the reports to be posted.

Why do I Need a Copy of the Crash Report?

The crash report contains important information, including:

The names of the parties involved and their auto insurance information
A description of how the accident occurred and who was at fault
Whether anyone was injured and whether they were transported by EMS
The name of the tow truck company

How do I Get a Copy of My Driving Record?

You can download your own driving record after paying the fee, at this link .

The personal injury attorneys at Wham & Rogers can help you obtain your crash report and with your personal injury claim in The Woodlands, Conroe and Spring, Texas. Call 832-592-1108, 24/7 for a free consultation.

TRUCKING SAFETY—EXTREME WEATHER REGULATIONS

Mon, 15 Feb 2021 19:53:30 GMT

The Trucking Industry Has Regulations for Extreme Weather

Extreme weather conditions can dramatically impact how safe the roads are for large trucks. In Texas, several extreme weather events in recent years have highlighted the need for more strict regulations for driving in dangerous weather.

Below, we discuss just one example of such a weather event.

The past few days have highlighted the danger of icy road conditions, including through massive pileups in Fort Worth and Magnolia .

The wrecks, and the 100-car-plus pileup in Fort Worth in particular, have led many to focus on the need for “de-icing” on roadways. To be sure, de-icing is helpful. But it’s not always practical—just a few days ago, for example, drivers were stuck on a Hempstead flyover for hours waiting for TxDOT crews to de-ice the road.

These road safety conversations are overlooking a key factor: commercial trucks. Look at the pictures and video from the deadly Fort Worth crash, and see just how many 18-wheelers were involved. One picture shows two tractor trailers with more than 20 cars crushed between them, highlighting just how much more devastation these trucks can cause compared to passenger cars.

The thing is, those trucks weren’t supposed to be on the road at all. The Texas commercial drivers’ license handbook tells truck drivers: “If the surface is icy, reduce speed to a crawl and stop driving as soon as you can safely do so .” That requirement tracks federal regulations , which require “extreme caution” in cases of snow, ice, or sleet, and require trucks to stop when the conditions are sufficiently dangerous.

In the Fort Worth wreck, the trucks were obviously on the road. And even if they did not have enough time to stop after noticing the ice, they certainly seem not to have slowed to a “crawl.” The failure to follow regulations may have caused, or at least contributed to, some of the six deaths that resulted.

If you observe a commercial truck driving too fast for conditions, or simply on the road when it shouldn’t be, the best policy is to avoid that truck as much as possible, including by pulling over if it is safe to do so. If you are unable to avoid one, and you or a loved one suffer injuries, an attorney who is knowledgeable about trucking safety regulations may be able to help.

If you have or a loved one have been a victim of an 18-wheeler collision, the personal injury attorneys at Wham & Rogers can help. Call 832-592-1108 for a free consultation.

WHY SHOULD YOU HIRE A BOARD CERTIFIED PERSONAL INJURY LAWYER

Thu, 11 Feb 2021 20:02:26 GMT

WHY SHOULD YOU HIRE A BOARD CERTIFIED PERSONAL INJURY LAWYER?

If you or a loved one is injured or killed in a car or truck crash, your choice of lawyer can make a huge difference. Here’s why it matters. Only 3% of Texas lawyers are Board Certified in Personal Injury Trial Law.

ONLY 3% OF TEXAS LAWYERS ARE BOARD CERTIFIED IN PERSONAL INJURY TRIAL LAW

The vast majority of Texas lawyers are not Board Certified. In fact, only 3% of Texas lawyers are Board Certified in Personal Injury Trial Law.

WHAT IS BOARD CERTIFICATION?

Board certification recognizes the lawyer’s special knowledge, skills and proficiency in a specific area of law, as well as professionalism and high ethical standards. Board certification helps consumers identify specialists in various areas of law.

WHAT IS BOARD CERTIFICATION?

WHAT IS THE TEXAS BOARD OF LEGAL SPECIALIZATION?

The Texas Board of Legal Specialization is the largest single-state certification program for lawyers in the United States.

The Bar Rules in Texas prohibit any attorney from advertising as a “specialist” unless she or he has earned certification from the Texas Board of Legal Specialists.

There are 24 different areas of practice. Board-certified lawyers in Texas must attend ongoing continuing legal education (CLE) and show continuing involvement within the field of practice.

WHAT IS PERSONAL INJURY TRIAL LAW?

Personal Injury Trial Law involves litigation of claims involving trauma or disability based on an individual’s mental or physical injuries and/or trauma from automobile accidents, professional malpractice, defective products or negligence by another party or individual. It includes Wrongful Death claims, paralysis, medical malpractice, and traumatic brain injury. Lawyers in this area also deal with governmental claims, statutory claims, insurance contract claims, and any negligent or intentional tort claims.

To become board certified in Personal Injury Trial Law, the lawyer must have extensive jury trial experience. In addition, the lawyer must pass a rigorous 6-hour examination, must receive positive recommendations from judges and other trial lawyers, and must conduct himself professionally and ethically. To retain his board certification, the lawyer must be re-certified every five years.

WHY DOES IT MATTER?

Being represented by a Board Certified Personal Injury Trial Lawyer benefits you in several ways.
If your case goes to trial, you have a lawyer who has been specifically certified as having the specialized knowledge, trial experience, and reputation for ethical conduct it takes to successfully litigate personal and wrongful death claims.

And representation by a Board Certified attorney may also be helpful in receiving a successful settlement, if the case settles before trial. Insurance adjusters, defense attorneys, and other claims professionals evaluate the ability of your lawyer along with their evaluation of your claim. When they know you are represented by a strong attorney, settlement offers tend to increase.

If you have been injured call Mark Wham at 832-592-1108 for a free consultation with a Board Certified Personal Injury Attorney.

* The Texas Board of Legal Specialization (TBLS) was established in 1974 by the Supreme Court of Texas. TBLS certifies lawyers and paralegals that have substantial, relevant experience in select areas of law, completed continuing legal education hours in the specialty area, and passed a rigorous exam. Consumers and organizations get the highest quality of legal services when working with Board Certified lawyers and paralegals.

SEVEN SAFE TRAVEL TIPS TO KEEP YOU AND YOUR FAMILY SAFE ON THE ROAD THIS HOLIDAY SEASON

Thu, 24 Dec 2020 17:09:19 GMT

SEVEN SAFE TRAVEL TIPS TO KEEP YOU AND YOUR FAMILY SAFE ON THE ROAD THIS HOLIDAY SEASON

While AAA estimates that there will be fewer travelers on the road this year compared to last year, still as many as 84.5 million Americans may still travel from December 23 though January 3, 2021.

Follow these Safe Travel Tips to Stay Safe on the Roads this Year

1. Plan Ahead

Make sure your vehicle is properly maintained and in good working order. Plan your route in advance and be prepared for heavier than normal traffic. Have your roadside assistance contact information on hand. And confirm your auto insurance coverage. If you don’t have personal injury protection or underinsured motorists coverage, add them!

2. Don’t Text and Drive

Don’t Text and Drive. It can wait. The NHTA reports that distracted driving claimed 2,841 lives in 2018 alone. Among those killed: 1,730 drivers, 605 passengers, 400 pedestrians and 77 bicyclists. https://www.nhtsa.gov/risky-driving/distracted-driving

3. Avoid Driver Fatigue

Make sure you are well-rested, take breaks at least every two hours, and switch drivers on long trips, if possible. The National Highway Traffic Safety Administration (NHTSA) reports estimates that in 2017, 91,000 police-reported crashes involved drowsy drivers. These crashes led to an estimated 50,000 people injured and nearly 800 deaths. https://www.nhtsa.gov/risky-driving/drowsy-driving

4. Don’t Drink and Drive

Always assign a designated driver or call a rideshare program. The NHTSA reports that one person is killed about every 50 minutes in a drunk-driving crash, resulting in more than 10,500 lives lost each year. During the Christmas and New Year holidays, there is usually a substantial increase in drunk-driving deaths. https://www.nhtsa.gov/campaign/drive-sober

5. Take Your Time

Don’t get in a rush and don’t speed. Allow plenty of space between you and other cars. Speeding endangers your life and the lives of others on the road. According to the NHTSA, for more than two decades, speeding has been involved in approximately one-third of all motor vehicle fatalities. In 2017, speeding contributed in 26% of all traffic fatalities. https://tinyurl.com/y7ja25tg

6. Practice Defensive Driving

Always scan ahead and keep your eye on the surroundings. Try to predict risks so you can take action to avoid it. Always give aggressive drivers space and allow them to pass you Here are more tips on driving defensively: https://tinyurl.com/y6vfnq9a

7. Protect Your Car from Break-ins and Theft

Park in well-lit places and put your valuables in the trunk.

What to do After a Road Trip Accident

If you have been in an auto accident and sustained injuries in the state of Texas, call Wham & Rogers today for a Free Consultation at 832-592-1108 .

I SUSTAINED A CONCUSSION IN AN ACCIDENT. WHAT NOW?

Sun, 07 Apr 2019 19:26:16 GMT

Learn What You Can do after a Concussion

A concussion (mild traumatic brain injury) can be caused by a car collision or a fall. Concussions can be caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells.

https://www.brainline.org/article/facts-about-concussion-and-brain-injury

https://www.cdc.gov/traumaticbraininjury/basics.html

What are the symptoms of Concussion (Traumatic Brain Injury)?

Effects on Thinking

• Difficulty thinking clearly
• Feeling slowed down
• Difficulty concentrating
• Difficulty remembering new information

Physical Symptoms
• Headache
• Nausea or vomiting (early on)
• Balance problems
• Dizziness
• Fuzzy or blurry vision
• Feeling tired, having no energy
• Sensitivity to noise or light

Emotional Effects
• Irritability
• Sadness
• More emotional
• Nervousness or anxiety

Sleep Disturbance
• Sleeping more than usual
• Sleeping less than usual
• Trouble falling asleep

https://www.brainline.org/article/facts-about-concussion-and-brain-injury

According to the CDC, symptoms following a mTBI typically include one of more of the following: difficulty in, focusing, organizing thoughts, remembering, or processing new information; problems with dizziness or balance; sensitivity to light or noise; sleep disturbance (including sleeping more or less than normal, or difficulty getting to sleep or staying asleep); irritability or temper outbursts; and becoming emotional, tearful, or anxious.

https://www.cdc.gov/traumaticbraininjury/symptoms.html

Fatigue is one of the most frequently reported symptoms after Mild Traumatic Brain Injury .

As many as 70% of survivors of TBI complain of mental fatigue.

https://msktc.org/tbi/factsheets/fatigue-and-traumatic-brain-injury

People with mild traumatic brain injury are at increased risk for suicide.

A study published in 2016 assessed the long-term risk of suicide after a concussion. The increased risk applied regardless of patients’ demographic characteristics, was independent of past psychiatric conditions, became accentuated with time, and exceeded the risk among military personnel. Half of these patients had visited a physician in the last week of life. The researchers concluded that adults with a diagnosis of concussion had an increased long-term risk of suicide.

https://www.ncbi.nlm.nih.gov/pubmed/26858348

What to do after a Concussion (mild traumatic brain injury)

1. Visit an emergency room immediately to rule out the possibility of an injury that requires emergent care;

2. Make an appointment with your primary care physician or a concussion specialist if symptoms such as fatigue, memory loss, confusion, blurred vision, ringing in the ears, anxiety, depression, and irritability do not resolve within a few days;

3. If problems persist, visit a neurologist or neuropsychologist for testing and treatment options, including medication and therapy. Specialists can provide therapy to help with memory, speech, balance and depression.

Each year over a million American suffer concussions (traumatic brain injury)

Traumatic brain injury is a serious problem, and has increased substantially over the past decade.

Family Members are an Important Resource for Doctors Evaluating mTBI

If you suspect that a family member or loved one has suffered a mTBI, it can be very helpful for you to accompany the patient on his or her doctors visits, Traumatic brain injury patients often need assistance in identifying all of their symptoms to their doctor. A complete list of all symptoms is very important in obtaining a proper diagnosis.

Also, keep in mind that experiencing the symptoms of s traumatic brain injury can be very upsetting and frightening for the patient; they often describe themselves as feeling “lonely, and scared to death,” and “afraid I was going crazy.” As a result, a person suffering from symptoms of mTBI often will be in denial about how bad their symptoms are. A family member is often a better, more objective source of information for the doctor.

Each year over a million American suffer concussions (traumatic brain injury)
Traumatic brain injury is a serious problem, and has increased substantially over the past decade.

https://www.cdc.gov/traumaticbraininjury/data/rates.html

Each year in the U.S., 1,000,000 people suffer concussions; 300,000 of these result in serious, long term injuries, according to the Center for Disease Control.

https://www.cdc.gov/traumaticbraininjury/pdf/mtbireport-a.pdf

Traumatic brain injury is a serious problem, and has increased substantially over the past decade.

https://www.cdc.gov/traumaticbraininjury/data/rates.html

The attorneys at Wham & Rogers have extensive experience handling mild traumatic brain injury and post-concussion syndrome cases.

The information in this blog is not, nor is it intended to be, legal advice. You should contact an attorney for legal advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been created.

DRUNK DRIVING FACTS

Mon, 04 Feb 2019 19:22:45 GMT

Drunk Driving Facts

Driving drunk impairs the driver’s judgment, vision, and reaction time. The statistics compiled by the National Highway Traffic Safety Association (NHTSA) tell the story of just how dangerous drunk driving is:

Nearly 30 per cent of all traffic fatalities in the U.S. involve drunk driving
In 2017, drunk driving took the lives of 10,874 Americans—one death every 49 minutes
And one of us is injured as a result of drunk driving every 2 minutes

What do we Know about Drunk Drivers?

On average, a driver drives drunk 80 times before before their first arrest for drunk driving. Statistics show that between 50% to 75% of drivers whose licenses have been suspended for drunk driving continue to drive on a suspended license.

Texas Law - Legal Remedies for Victims of Drunk Driving

A driver who drives while intoxicated and causes an injury is liable for negligence. In addition, the driver may be liable for gross negligence and exemplary damages.

Under Texas law, gross negligence requires a showing that the driver’s conduct, when viewed objectively from the standpoint of the driver, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others and that the driver had actual, subjective awareness of the risk involved, but nevertheless proceed in conscious indifference to the rights, safety, or welfare of others on the road.

Montgomery County leads Texas in driving under the influence fatalities per capita.

According to a report by the Texas A&M Transportation Institute completed for the Montgomery County District Attorney’s Office in March, the county has topped the list almost every year in the number of fatalities in counties with a population greater than or equal to 500,000 since 2010.

In looking at the reason for the county’s high rate, DA Brett Ligon notes several issues, including Montgomery County largely being a commuter county, having rural roads with no artificial lighting (like street lights) and degrading infrastructure.

“Any time you get away from a suburban, inner-city area and you are dealing with a rural area with a mixture of geography, you are going to have people who drive,” he said. “And obviously, the more people who drive, the more single auto accidents there are going to be.” Ligon said.

Potential Liability of Restaurants and Bars

Texas has a “dram shop” law, which holds establishments liable if they sell alcohol to an obviously intoxicated persons who subsequently drives drunk and causes an injury. The person suing the bar must prove that the bar’s customer was obviously intoxicated to the extent he or she was a danger to themselves or others when they were sold alcohol.

Also, if the bar required its bartenders to attend alcohol seller training, it must be shown that the bar encouraged “turned a blind eye” to over-serving patrons. Over-serving is often encouraged in order to increase profits. The Texas dram shop law also provides that minors may sue business establishments for any injuries they incurred from the sale of alcohol if they were intoxicated at the time of the sale.

Get Legal Help after a Drunk Driving Accident

If you or a loved one has been harmed by a drunk driver, contact Wham & Rogers. We may be able to help you recover compensation for your injuries and losses.

For a free consultation, call us at ( 832) 592-1108

WHAT ARE PERSONAL INJURY PROTECTION AND MEDPAY?

Sun, 27 Jan 2019 15:38:01 GMT

What are Personal Injury Protection and Medpay?

Personal Injury Protection (PIP)

PIP coverage is required by statute to be part of any auto policy written in Texas, unless it is rejected in writing.
PIP covers everyone in the insured auto up to PIP coverage limits.
PIP will cover every insured regardless of the vehicle they are in.
PIP will cover losses incurred within three years of the date of an accident.
PIP is available regardless of fault or other available benefits.
If PIP benefits are not timely paid (within 30 days) attorney’s fees and interest are recoverable.
PIP coverage will pay medical bills, reimburse you for out of pocket coverage and reimburse you for lost wages.
You do not have to pay your insurer back for the money you received from PIP.
The PIP carrier must pay “reasonable expenses that are for necessary medical services”. This means that the carrier can pay less than what the medical provider billed.
PIP covers 80% of lost income.
PIP coverage limits are often $2,500, but may be $5,000, $10,000 or even higher. PIP coverage is generally affordable and can help offset out of pocket costs.

Medpay

Medpay covers only medical expenses, and you may have to pay it back.
Medpay has no statutory basis and no legal restrictions on its terms.

Have Questions about Your Coverage after an Accident?

The lawyers at Wham & Rogers can help with your PIP claim. Call us at 832-592-1108, or fill out a form on our contact page: https://www.whamandrogers.com/contact/

The information in this blog is not, nor is it intended to be legal advice. You should contact an attorney for advice regarding your individual situation. Contacting us does not create an attorney client relationship. Please do not send any confidential information to us until such time as an attorney client relationship has been established.

Resources:

https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm

On the Job Injuries - Two Important Questions

Sat, 26 Jan 2019 19:15:35 GMT

Two Important Questions about On the Job Injuries

If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered:

Was the employer a subscriber to Workers Compensation Coverage; and
Was the injury caused by someone other than the employer or a co-worker?

What is a “Non-Subscriber?”

Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute. However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available.

Why does “Non-subscriber” Status Make a Difference?

Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher .

A Non-subscriber claim allows for the recovery of:

100% of your lost wages
future diminished earning capacity due to the injury
full damages for physical and cognitive impairment
loss of earning capacity in the future
pain and suffering

What is a “Third Party” Claim?

Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” claim. A Third Party claim is a claim against a person or entity, other than the employer, for causing your on the job injury.

If you or a loved one is injured or killed in an on the job injury, your attorney should assess whether another company, or a defective product, or another person (other than your co-worker) is responsible for the injury.

Are Third Party Claim Damages Limited like Damages in Workers' Compensation Claims?

No. Third Party claims are not subject to the statutory damages limitations of the Workers Compensation Act. Third Party claims are brought under the common law—typically under theories of general negligence or predicts liability.

Therefore, the full extent of actual damages may be pursued, including:

past and future medical expenses;
full past and future pain and suffering;
Past and future physical and cognitive impairment;
past lost wages;
loss of future earning capacity; and
mental anguish.

Examples of Third Party Claim Situations

The following types of injury situations give rise to a Third Party claim:

Injury caused on a job site by an employee of a different company, such a sub-contractor, the general contractor, the customer, or the premises owner of the job site
Injury caused by a motor vehicle collision while you are on the job—even though the injuries are covered by Workers Compensation Coverage
You may also bring a Third Party claim, seeking full recovery for all of your injuries, in addition to the statutorily limited damages recoverable under the Workers Compensation Act.

If you or a loved one is seriously injured in the job, a Board Certified Person Injured Trial Attorney can evaluate whether the full value of your damages is recoverable under a Non-subscriber or Third Party claim.

The lawyers at Wham & Rogers can help with your claim. Call us at 832-592-1108, or fill out the form on our contact page .

WHY YOU NEED UNINSURED AND UNDERINSURED MOTORIST COVERAGE

Sat, 29 Dec 2018 15:44:10 GMT

WHAT IS UNINSURED MOTORIST COVERAGE?

Uninsured motorists “UM” coverage protects you if you are injured by a driver with no insurance. You may assume that other drivers will follow the law and will buy auto insurance just like you do.

However, this is not always the case. According to the Insurance Information Institute , an estimated 1 in 8 drivers on Texas roads are uninsured.

Isn't insurance required in Texas? Insurance is required, but there are minimum coverages and some coverages are optional.

Some drivers never buy auto insurance and take their chances on being ticketed.
Some drivers have coverage but miss their monthly payment so the coverage lapses.
In other cases, the owner of the car may have coverage, but may allow an excluded driver (usually a family member with a bad driving record) to drive the car, so there is no coverage.
What you may not realize is that even if a driver does have auto insurance, if the driver does not “cooperate” with his insurance company, the insurance company can deny coverage.

If you are injured by a driver with no insurance coverage and you do not have UM coverage, you may have no way to collect from the at- fault driver. Typically, drivers with assets to protect have auto insurance. It’s usually those drivers with nothing to lose who do not carry auto insurance. To protect yourself and your family from uninsured drivers, it’s important to carry uninsured motorists coverage, with limits high enough to protect you should the worst happen.

What is Uninsured Motorist Coverage?

Underinsured Motorists Coverage “UIM” coverage protects you in the event the at-fault driver does not have enough coverage to pay for all the damage he has done. If the at-fault driver’s limits are insufficient to compensate those he has injured, then your UIM coverage can help compensate you. UM coverage works similar to the following:

If the at- fault driver carries minimum limits of $30,000 and your hospital bills are $70,000, the at fault driver’s limits will not be enough to compensate you. In that event, you may make a claim under your UIM coverage for the damages not covered by the at-fault driver’s policy.
If there are multiple people injured in a collision, the at- fault driver’s insurance may be insufficient to compensate all those injured. In that case, your UIM coverage may compensate you.

The Texas Insurance Code Mandates UM/UIM coverage in personal auto policies, unless rejected in writing

Texas Ins. Code §1952.101 Uninsured Motorists Coverage requires uninsured/ underinsured coverage on all policies but allows the coverage to be waived.
UM limits must be offered up to the amount of liability limits, and must be at least $30,000
UM limits cannot exceed liability limits
UM coverage cannot cover intentional acts

UM/UIM coverage applies whenever you or a family member is injured by an uninsured or underinsured driver

If you or a family member is struck by an uninsured or underinsured driver while walking or on a bicycle, your UM/UIM coverage will apply.

UM/UIM coverage applies to everyone in the insured vehicle

Everyone in the insured vehicle is covered if they are occupying the vehicle when the accident occurred.

Get Help from Our Personal Injury Lawyers

The lawyers at Wham & Rogers can help with your UM/UIM claim. Call us at 832-592-1108, or fill out a form on our contact page: https://www.whamandrogers.com/contact/

Resources:

https://www.insurancejournal.com/news/national/2018/03/15/483414.htm

https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm

ESSURE IMPLANT LITIGATION

Mon, 26 Nov 2018 15:03:13 GMT

What To Know about Essure Implant Litigation

The Essure implant was marketed as a permanent birth control device by the Bayer company. More than 16,000 U.S. women are suing Bayer over the Essure implant device.

The Food and Drug Administration has placed multiple restrictions on the Essure device following patient reports of pain, bleeding, allergic reactions and cases where the implant punctured the uterus or shifted out of place.

After thousands of injury reports from women, and repeated safety restrictions by regulators, Bayer has announced that it will stop selling the Essure device in the U.S. Last year, Bayer stopped selling the device in Europe.

Injuries Associated with Essure Use:

Women who have used Essure report a variety of injuries, including:

Bleeding
Abdominal pain and cramping
Chronic pelvic pain
Implant migration
Perforation/tearing of the uterus or fallopian tubes
Back, joint or muscle pain
Muscle weakness
Unintended pregnancy, miscarriage, fetal death
Surgeries to treat the complications

What should you do if you are having problems caused by the Essure device?

The Mayo Clinic recommends that you talk with your doctor about your options if you have persistent pain or other symptoms that you think might be related to the Essure device, and advises that removing the Essure device may require surgery, which poses certain health risks.

If you or a loved one has been harmed by an Essure device, contact us. We may be able to help.

Resources:

WHAT YOU NEED TO KNOW ABOUT THE CURRENT E. COLI OUTBREAK

Sat, 24 Nov 2018 15:13:47 GMT

How to Avoid an e. Coli Infection

The U.S. Centers for Disease Control and Prevention has advised that Consumers not eat any romaine lettuce, and retailers and restaurants not serve or sell romaine lettuce, until more is learned about the outbreak.

Also, drawers or shelves in refrigerators where romaine was stored should be washed and sanitized.

Consumers who have any type of romaine lettuce in their home should not eat it and should throw it away, even if some of it was eaten and no one has gotten sick. Important things to consider:

If you do not know if the lettuce is romaine or whether a salad mix contains romaine, do not eat it and throw it away.
Wash and sanitize drawers or shelves in refrigerators where romaine was stored. Follow these five steps to clean your refrigerator.
Restaurants and retailers should not serve or sell any romaine lettuce, including salads and salad mixes containing romaine.

Take action if you have symptoms of an e. Coli infection:

Talk to your healthcare provider
Write down what you ate in the week before you started to get sick
Report your illness to the health department
Assist public health investigators by answering their questions.
How many have become ill from this e. Coli outbreak?

At least 32 people have become seriously ill due to the latest e. Coli outbreak. Epidemiologic evidence from the united states and Canada indicates that romaine lettuce is a likely source of the outbreak. Thirteen people have been hospitalized in the U.S. - one with kidney failure. The public health agency of Canada has identified 18 ill people infected with the same DNA. fingerprint of e. Coli o157:h7 bacteria in two Canadian provinces: Ontario and Quebec.

What is e. Coli?

E. coli, more specifically Shiga Toxin-Producing E. coli, are among the most dangerous of the food poisoning pathogens – causing approximately 73,000 cases of foodborne illnesses each year in the United States. E. coli sources can be found in undercooked or raw hamburger meat, produce, raw milk, and unpasteurized juices and ciders, to name just a few.

Who is at the Greatest Risk of E. coli Infection?

People at greatest risk for infection include young children, the elderly, and people with a compromised immune system; this includes those with cancer, HIV/ AIDS, or other immune issues.

What are the Symptoms of E. coli Infections?

Although symptoms can vary from person to person, the typical symptoms include:
Severe stomach cramps, watery and bloody diarrhea, vomiting, and mild fever, with symptoms typically beginning within 2 to 8 days after ingestion of the bacteria. Symptoms typically resolve within a week. However, more severe cases may develop Hemolytic Uremic Syndrome (HUS), which can occur between 5 to 10 days of the infection.

What should you do if You Suspect E. Coli Infection?

See a doctor to get the necessary testing for a diagnosis. This is helpful to find out what bacteria or virus made you sick and to obtain the medical care you need to get better.

Depending on the severity of your illness, you may want to talk to a lawyer about a potential claim. You can reach out to us for a free, no obligation consultation.

Resources:

Https://www.cdc.gov/ecoli/2018/o157h7-11-18/index.html

THE DANGERS OF DRIVER FATIGUE AND HOW TO PREVENT IT

Mon, 19 Nov 2018 18:27:28 GMT

HOW SERIOUS A PROBLEM IS DRIVER FATIGUE?

According to the National Highway Traffic Safety Administration, every year about 100,000 police-reported crashes involve drowsy driving. These crashes result in more than 1,550 fatalities and 71,000 injuries. The real number may be much higher, however, as it is difficult to determine whether a driver was drowsy at the time of a crash.

In the article below, the personal injury team at Wham & Rogers discuss driver fatigue and how dangerous it really is. If you have been injured by a driver who was fatigued, drowsy, or asleep at the wheel, call us at (832) 592-1108 to find out your options for pursuing recovery.

A study by the AAA Foundation for Traffic Safety estimated that 328,000 drowsy driving crashes occur annually. That’s more than three times the police-reported number. The same study found that 109,000 of those drowsy driving crashes resulted in an injury and about 6,400 were fatal. The researchers suggest the prevalence of drowsy driving fatalities is more than 350% greater than reported.

How Does Fatigue Affect Drivers?

According to Advanced Driver Fatigue Research , fatigue affects drivers in the following ways:

slower reaction time
impaired judgment and vision
decline in attention to important signs, road changes and the actions of other vehicles
decreased alertness, preventing you from seeing an obstacle and avoiding a crash
increased moodiness and aggressive behavior
problems with processing information and short-term memory

When are Fatigue-Related Crashes Most Likely to Occur?

Most drowsy driving crashes happen between midnight and 6:00 a.m. , when the body’s need for sleep is greatest, and in the mid-afternoon (during the circadian dip). The driver is alone and more likely to be male. Drivers who drive alone or have no one to help them watch for the signs of fatigue are at higher risk.

Sleep-related crashes tend to involve a single vehicle running off a high speed road to the right or to the left. Often a single vehicle drifts off the road and hits a stationary object.
Sleep related crashes look different from alcohol-related crashes, in that there is no evidence of the driver braking or making evasive maneuvers.
Many drowsy driving crashes involve serious injuries and/or fatalities.

What are the Signs of Driver Fatigue?

Symptoms of fatigue while driving include similar symptoms to fatigue while doing any other task. Drivers should be mindful of the following:

Frequent yawning or difficulty keeping your eyes open
“Nodding off” or having trouble keeping your head up
Inability to remember driving the last few miles
Missing road signs or turns
Difficulty maintaining your speed
Drifting out of your lane

How to Prevent Fatigue-Related Auto Accidents

The best way to prevent fatigue-related auto accidents is for drivers to get enough sleep. Most adults need 7-9 hours, and most teens need 8.5 - 9.5 hours to maintain proper alertness during the day. How can you prevent fatigue? Consider the following:

Schedule proper breaks, about every 100 miles or 2 hours during long trips.
Arrange for a travel companion—someone to talk with and share the driving.
Avoid alcohol and sedating medications—check your labels or ask your doctor
Stop driving—pull off at the next exit or rest area, or find a place to sleep for the night.
Take a nap—find a safe place to take a 15-20 minute nap (more than 20 minutes can make you groggy for 15 minutes or more after waking).
Consume caffeine–the equivalent of two cups of coffee can increase alertness for several hours, and usually takes about 30 minutes to enter the bloodstream. Caffeine is available in various forms (coffee, tea, soft drinks, energy drinks, chewing gum, tablets), and in various amounts. For example, the amount of caffeine in one cup of coffee (about 135 mg) is about the same as 2-3 cups of tea or 3-4 cans of regular or diet cola.
Try consuming caffeine before taking a short nap to get the benefits of both.
Let a passenger take over the diving.

What to do if You are Injured in a Fatigue-Related Auto Accident

If you have been injured by a fatigued driver, you may be eligible to pursue compensation for your injuries and losses. Reach out to the car accident lawyers at Wham & Rogers for a free consultation and to learn more about your rights and options.

MORE RESOURCES ON DRIVER FATIGUE CAN BE FOUND HERE:

https://www.ntsb.gov/safety/mwl/Documents/MWL_2016_factsheet01.pdf
https://www.healthypeople.gov/2020/topics-objectives/topic/sleep-health

WHY DO I NEED TO CALL A LAWYER IMMEDIATELY AFTER AN ACCIDENT?

bthompson@dealerwebb.com (Brett Thompson) — Sat, 06 Oct 2018 17:14:20 GMT

WHAT SHOULD YOU DO IF YOU HAVE AN ACCIDENT?

8 Reasons to Call a Lawyer Immediately

Here are 8 reasons why you should call a lawyer immediately after an accident.

1. Preserving Evidence

A lawyer can help make sure important evidence is preserved. In many cases, there may be video recordings of the accident or other evidence that can be preserved, if the request is properly and timely made.

2. Negotiating with Insurance Companies

A lawyer will be on your side, when virtually no one is. The insurance adjuster is not paid to help you. The adjuster is paid to save the insurance company money. We have received countless calls from people who were tricked or lied to by adjusters. A lawyer can put pressure on the insurance company to handle matters in a swift and expeditious manner. Insurance adjusters know they can’t pull the wool over an attorney’s eyes they way they can with those unfamiliar with the system.

3. Access to Prompt Medical Care

A lawyer can help you get the proper medical care promptly. Many doctors will not treat patients who have been injured in an accident. This is because health insurance companies don’t always pay doctors promptly for treating accident victims.

4. Ensuring Health Insurance Coverage

A lawyer can help get the hospital to bill your health insurance. Often the hospital wants to avoid billing health insurance and instead files a hospital lien. The lien is filed by the hospital in an effort to make more money from treating you. If you do not have health insurance a lawyer can help you find doctors who will treat you while your case is pending.

5. Ensuring Auto Insurance Coverage

A lawyer can help getting the health insurance company to pay your accident related bills. Many times, health insurers will take the position that their coverage is secondary, and they won’t pay until you prove that you have used your personal injury protection and sometimes even until you prove the at-fault parties’ insurance won’t pay the bills. A lawyer can take steps to ensure your underinsured motorists coverage is preserved, in the event the other driver is underinsured.

6. Access to Resources

A lawyer can help you find and utilize all available resources. Many people do not understand that they have personal injury protection coverage and that using it will not let the other party off the hook. If the other driver is underinsured, if you fail to take the correct steps with your own insurance company, then you may not be able to use your underinsured motorists coverage. A lawyer can make sure the proper steps are followed.

7. Ensuring Legal Documents are Handled Properly

A lawyer can make sure the settlement is handled properly. We have received calls from potential clients whose settlement payouts were much less than they anticipated, because the adjuster didn’t tell them part of the recovery would be paid to their health insurance company or to the hospital.

8. Keeping Your Best Interests First

A lawyer can negotiate with the hospital and your health insurance company to reduce the amount of money paid to them out of the settlement. A lawyer can maximize the presentation of your damages to the insurance company. A lawyer can do background research on the at-fault parties which can increase the value of your case.

What are Some Common Misconceptions about Personal Injury Cases?

Many people believe their own insurance company will hire an attorney to help them recover from the at-fault driver for personal injuries. This is not accurate. Your insurance company will hire a lawyer to defend you if you are sued. Your insurance company will reimburse you for bills and lost wages up to the amount of your personal injury protection coverage. Your insurance company will pursue the other insurance company for property damages. But your insurance company will not help you collect money from the other insurance company for personal injuries.
Many people believe that personal injury lawyers will charge them by the hour. This is not accurate. Most personal injury attorneys work on a contingency. That means that any payment to the attorney comes out of the settlement. You will not pay anything unless you receive a recovery.

At Wham & Rogers, PLLC we are experienced in handling personal injury cases and can help you with all the steps involved in ensuring that you get the justice you deserve. Call 832-592-1108 or text 832-413-1428.

Learn What to Do After Auto-Bike Collisions

Thu, 23 Aug 2018 17:30:15 GMT

What to Do After Auto-Bike Collisions

From school kids riding on bike paths, to the avid bicyclists on the roads, there are a lot of bike riders in The Woodlands and Spring. Unfortunately, all too often, bike riders are struck by cars. Even wearing a helmet and other protective gear, a bike rider may suffer severe injuries if struck by a car.

According to the NTSA, bicyclists accounted for 2.2 percent of all traffic deaths in 2016. Bicyclist deaths occur most often between 6 and 9 p.m. and in urban areas. The vast majority of bicyclists killed are male.

The NTSA provides these pointers to avoid bike accidents:

Ride a bike that fits you—if it’s too big, it’s harder to control the bike.
Ride a bike that works—it really doesn’t matter how well you ride if the brakes don’t work.
Wear equipment to protect you and make you more visible to others, like a bike helmet, bright clothing (during the day), reflective gear, and a white front light and red rear light and reflectors on your bike (at night, or when visibility is poor).
Ride one per seat, with both hands on the handlebars, unless signaling a turn.
Carry all items in a backpack or strapped to the back of the bike.
Tuck and tie your shoe laces and pant legs so they don’t get caught in your bike chain.
Plan your route—if driving as a vehicle on the road, choose routes with less traffic and slower speeds. Your safest route may be away from traffic altogether, in a bike lane or on a bike path.

The NTSA also recommends that in order to stay safe you should:

Drive with the flow, in the same direction as traffic.
Obey street signs, signals, and road markings, just like a car.
Assume the other person doesn’t see you; look ahead for hazards or situations to avoid that may cause you to fall, like toys, pebbles, potholes, grates and train tracks.
No texting, listening to music or using anything that distracts you by taking your eyes and/or ears or your mind off the road and traffic.

What to do if You are in a Bike Accident

Call 911. Wait for the first responders. Never leave the scene of an accident.
Stay safe. If you are in a hazardous location, move to a safe area nearby, if you can safely do so.
Document the accident. Take photos, exchange information with all drivers, cyclists and witnesses.
Don’t admit fault. Because of the shock you may not remember what happened clearly. Be careful what you say about the accident to everyone, including medical providers.
See a doctor. You should always see a doctor after an accident, even if you aren’t sure you suffered an injury. It may take a few days for the injuries to become apparent.
Hire a lawyer as soon as possible to protect your rights. A lawyer can help preserve evidence and make sure that you do not do anything to hurt your claim.

The lawyers at Wham & Rogers have successfully represented many injured cyclists. At Wham & Rogers, you will get personal attention from an attorney and we will work hard to get the justice you deserve. Call 832-592-1108 for a free consultation. You will pay nothing unless we win your case.

Texas Laws Governing Bicyclists

We are often asked about the laws governing bicyclists in Texas. Bicyclists are considered vehicle operators and must follow all traffic laws.
Here are the laws setting forth the rights and duties of the bicyclist, the rules of the road and required safety equipment.

Sec. 551.101. Rights and Duties

(a) A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless:
(1) a provision of this chapter alters a right or duty; or
(2) a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle.
(b) A parent of a child or a guardian of a ward may not knowingly permit the child or ward to violate this subtitle.
Sec. 551.102. General Operation
(a) A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle.
(b) A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry.
(c) A person operating a bicycle may not use the bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars of the bicycle.
(d) A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway.

551.103. Operation on Roadway

(a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1) the person is passing another vehicle moving in the same direction;
(2) the person is preparing to turn left at an intersection or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside lane that is:
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.
(b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a lane roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.

Sec. 551.104. Safety Equipment

(a) A person may not operate a bicycle unless the bicycle is equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement.
(b) A person may not operate a bicycle at nighttime unless the bicycle is equipped with:
(1) a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle; and
(2) on the rear of the bicycle:
(A) a red reflector that is:
(i) of a type approved by the department; and
(ii) visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from 50 to 300 feet to the rear of the bicycle; or
(B) a lamp that emits a red light visible from a distance of 500 feet to the rear of the bicycle.

Get Help after an Auto-Bike Collision

If you or a loved one are injured on a bicycle, the personal injury attorneys at Wham & Rogers can help. Call 832-592-1108 for a free consultation.

REFINERY EXPLOSIONS

Sat, 19 May 2018 18:20:55 GMT

Refinery Explosions in the United States

The United States leads all other countries in the number of oil refinery explosions and related injuries and deaths. For residents and plant workers located in Pasadena and Deer Park, the danger of plant explosions is a reality of life. High temperatures, high pressure applications and caustic substances can be a recipe for serious injury or death.

Refinery explosions and other industrial incidents can cause catastrophic injuries or loss of life. At Wham & Rogers, we help workers injured in such incidents protect their rights and pursue compensation. Learn more by calling us at (832) 592-1108.

Workers' compensation rules can sometimes severely limit recovery for injured workers. That's why it is so important to thoroughly investigate the incident and all contributing factors. A thorough investigation will consider:

Whether the explosion was caused by a defective product
Whether the explosion was caused by the negligence of the company, a supervisor, or employee
If there were violations of safety guidelines
If the explosion could have been prevented

These issues can make a huge difference in how injured workers and their families are able to get compensation.

How an Attorney Can Help

An oil refinery explosion is a massive incident that can cause numerous injuries and deaths. These cases are complex and involve multiple parties, insurance companies, state and federal laws, and more. It is important that individuals injured in a refinery explosion consult a skilled catastrophic injury attorney before taking any action, filing any claims, or signing any documents.

At Wham & Rogers, our attorneys have decades of experience handling catastrophic injury claims, including plant explosion claims. If you or someone you love is injured due to a plant explosion, call us to find out your best options for obtaining compensation.

The attorneys at Wham & Rogers are ready to help you protect your rights and recover from a catastrophic injury. For a free case evaluation, call us at (832) 592-1108.

HOW DANGEROUS IS DISTRACTED DRIVING?

Mon, 23 Apr 2018 18:18:46 GMT

DISTRACTED DRIVING IS A FACTOR IN 15% OF INJURY CRASHES

Statistics suggest that distracted driving is a major contributor to auto accidents in Texas. In fact, it may be a factor in up to 15% of all crashes.

At Wham & Rogers, we have helped numerous clients sort through the aftermath of distracted driving accident cases. We want Texas drivers to be aware of the dangers of distracted driving, and how they can get help if they are injured by a distracted driver.

If you have been injured by a distracted driver, call us for a free consultation at (832) 592-1108.

Facts about Distracted Driving

Here are some other facts and figures about distracted driving:

10% of fatal crashes and 15% of injury crashes in 2015 involved distracted driving.
In 2015, there were 3,477 people killed and an estimated additional 391,000 injured in crashes involving distracted drivers.
People are as impaired when they drive and talk on a cell phone as they are when they drive intoxicated at the legal blood-alcohol limit of 0.08%.
Cell phone users are 5.36 times more likely to get into an accident than undistracted drivers.

Texting while driving increases the risk of crashing by 23 times

The most common form of distracted driving involves use of a mobile device behind the wheel. Texting is the most dangerous, and most common, way that drivers get distracted and cause accidents. Just how dangerous is texting while driving? Take a look at the following data:

Text messaging increases the risk of crash or near-crash by 23 times.
Sending or reading a text message takes your eyes off the road for about 5 seconds, long enough to cover a football field while driving at 55 mph
Texting and driving is 6 times more likely to get you in an accident than drunk driving.
It takes an average of three seconds after a driver’s mind is taken off the road for any road accident to occur. Reading a text message while driving successfully distracts a driver for a minimum of five seconds each time.
The average speed in the US is about 55 mph. Taking five seconds to read a text in this time means that the driver travels the length of a football field without looking at the road.
When you text while driving, the time that you spend with your eyes off the road increases by about 4 times.
Every day, 11 teenagers die because they were texting while driving.
Ninety-four percent of teenagers understand the consequences of texting and driving, but 35 percent of them admitted that they do it anyway.

Injured by a Distracted Driver?

If you or a family member has been injured by a distracted driver, it is important to speak with an attorney experienced in handling distracted driving cases. At Wham & Rogers, our Board Certified personal injury lawyer has vast experience handling auto accident cases, including distracted driving cases.

To find out more about your rights and options to pursue compensation for your injuries, call Wham & Rogers for a free consultation at 832-592-1108. Our injury attorneys in The Woodlands and Spring are here and ready to help.

CHANNELVIEW STUDENTS INVOLVED IN TRAGIC BUS CRASH

Thu, 15 Mar 2018 17:38:06 GMT

Tragic Bus Crash Shakes Up Students

Shortly before dawn on Tuesday morning, a First Class Tours, Inc. bus carrying Channelview band students was involved in a tragic bus crash. The bus crashed into a 50 foot ravine in Baldwin County, Alabama. The students were traveling home to Channelview from a trip to Disney World in Florida. The driver was killed, and dozens of students were injured.

By all accounts, this was a one-vehicle collision. The most common causes of this type of bus crash are driver fatigue and vehicle equipment failure. This type of crash often causes traumatic brain injuries, as well as orthopedic injuries.

Texas Law and Buses

Federal and state law have strict requirements for interstate drivers of commercial vehicles. Despite these rules, which limit hours behind the wheel, and require scheduled rest breaks, a crash study by the Department of Transportation study found that, in collisions where the truck was at fault, 87 per cent were caused by driver fatigue. Many of these collisions occur between midnight and 6 a.m. — the time of day when drivers are naturally drowsy.

Federal and state laws also require regular maintenance and daily inspection of commercial vehicles. Equipment failure, such as brakes that are dangerously worn or out of adjustment, often cause fatal collisions.

It is the driver’s responsibility to check his rig at the beginning of every trip, and to submit a vehicle maintenance report. In spite of these requirements, poor vehicle maintenance is also a major cause of truck and bus collisions.

The tour company’s online safety record shows that the company has been involved in four crashes in the past two years including one fatality.

You can read the safety report

According to other news reports, Texas Peace Officer’s Crash Reports offer details of three crashes involving the company’s buses without deaths or injuries. In January, a bus driver was given a warning citation in Houston for turning too wide after the bus and an SUV collided.

In August 2017 in Sugar Land, near Houston, a bus was hit from behind in traffic. In March 2016, a man driving an SUV was cited for an unsafe lane change in front of a bus after the two vehicles collided in Houston. See this Chicago Tribune news report about the accident.

MILD TRAUMATIC BRAIN INJURY AND POST-CONCUSSION SYNDROME

bthompson@dealerwebb.com (Brett Thompson) — Thu, 08 Mar 2018 18:15:01 GMT

One-third of all Concussions are Missed in Emergency Room Examinations

If you are experiencing symptoms of a concussion following an accident, it is important not to underestimate your injuries. If you have symptoms such as fatigue, nausea, headaches, trouble sleeping, blurred vision or ringing in your ears, you may have suffered a concussion.

In this article, the TBI lawyers at Wham & Rogers discuss the facts about brain injuries. These injuries are common in auto accidents and workplace incidents. If you have such an injury, call us at (832) 592-1108 to learn more.

Facts about TBIs

A mild traumatic brain injury is defined as a brief period of being “dazed or disoriented,” or a brief loss of consciousness. Statistics show that 33% of these injuries are missed in emergency room examinations. One reason for this is that a mild traumatic brain injury does NOT generally show up on a CT scan or an MRI. Standard neuroimaging will identify large focal contusions or hemorrhage, but conventional CT and MRI testing does not identify diffuse axonal and vascular injury, both of which are major drivers of poor clinical outcome after traumatic brain injury.

Traumatic Brain Injury is a Health Epidemic

Traumatic brain injury (TBI) has been identified as a health epidemic by the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC). Each year in the U.S.:

Approximately 1,000,000 people suffer concussions.
Around 300,000 of these result in serious, long term injuries.

Mild TBIs Can Cause Long-Lasting Symptoms

A mild TBI should never be underestimated. These injuries can result in serious and long-lasting symptoms, especially in persons who have sustained a previous concussion. Long-lasting symptoms may include:

Fatigue
Headaches
Blurred vision
Concentration problems
Forgetfulness
Depression
Extreme frustration
Personality changes

Fatigue is a Leading Symptom of Mild TBI

Fatigue is one of the most frequently reported symptoms of a mild TBI. In a survey of 299 patients with mild traumatic brain injury, 32% were severely fatigued. Severe fatigue was highly associated with the experience of other symptoms, limitations in physical and social functioning, and fatigue related problems like reduced activity.

Of various trauma severity indices, nausea and headache experienced were significantly related to higher levels of fatigue. The researchers concluded that one-third of a large sample of MTBI patients experience severe fatigue six months after injury, and this experience is associated with limitations in daily functioning.

Chronic Pain as a Complication of Mild TBI

Chronic pain is a another common complication of TBI that can cause long-lasting effects. It is independent of psychologic disorders such as Post Traumatic Stress Disorder (PTSD) and depression and is common even among patients with apparently minor injuries to the brain. Post-traumatic headache is a prevalent symptom.

One study suggests that post-traumatic headaches are quite common and long-lasting. In the study, post-traumatic headache was reported by 44% of TBI patients after six months. Post-traumatic headache began:

At the time of injury in 30% of patients
Between 15 days and one month in 21%
Between one and three months in 18%
After 3 months in 32%

Eleven percent still had headache at 6 months, 54% at one year, and 30% after two years.

Some Mild TBIs Heal Quickly - Others Cause Chronic Problems

A person with mild TBI may manifest brief symptoms or experience persistent and disabling problems. The clinical consequences of such an injury can, for example, affect one’s ability to return to work and complete routine, daily activities. In one study, employed persons who were hospitalized for mild TBI lost an average of nearly four weeks of work after their injury.

Other studies report unemployment rates among previously employed mild TBI victims of 34 percent at 3 months and 9 percent at 12 months after injury. Also, people with mild TBI may return to work despite incomplete recovery.

People with TBI are at Increased Risk for Suicide

A study published in 2016 in the Canadian Medical Association Journal (CMAJ) assessed the long-term risk of suicide after a concussion. The researchers performed a longitudinal cohort analysis of adults with diagnosis of a concussion in Ontario, Canada, from Apr. 1, 1992, to Mar. 31, 2012 (a 20-yr period), excluding severe cases that resulted in hospital admission. They identified 235,110 patients with a concussion. Their mean age was 41 years, 52% were men, and most (86%) lived in an urban location. A total of 667 subsequent suicides occurred over a median follow-up of 9.3 years, equivalent to 31 deaths per 100,000 patients annually, or 3 times the population norm. Weekend concussions were associated with a one-third further increased risk of suicide compared with weekday concussions.

The increased risk applied regardless of patients’ demographic characteristics, was independent of past psychiatric conditions, became accentuated with time, and exceeded the risk among military personnel. Half of these patients had visited a physician in the last week of life. The researchers concluded that adults with a diagnosis of concussion had an increased long-term risk of suicide, particularly after concussions on weekends.

Neuropsychologists Test to Determine Brain Function Deficits

A qualified neuropsychologist can perform testing to assess brain function deficits, and can recommend a therapeutic program to help patients cope with this life-changing injury. This can be an important step toward healing for victims of TBIs and other serious injuries.

Getting Help after a Traumatic Brain Injury

Traumatic brain injuries occur in many ways. Often, TBIs are the result of car accidents, workplace accidents, assault, or other similar situations. In these situations, the victim may have the right to pursue compensation from the person(s) responsible for their injuries.

The attorneys at Wham & Rogers have extensive experience handling mild traumatic brain injury and post-concussion syndrome cases. Contact us today for a free consultation, and to see if you may be eligible to pursue compensation for your injury and losses.

PEDESTRIAN RIGHT OF WAY

bthompson@dealerwebb.com (Brett Thompson) — Mon, 19 Feb 2018 18:12:57 GMT

Do Pedestrians Really Have the Right of Way?

The Woodlands and Spring 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.

At Wham & Rogers, our pedestrian accident lawyers are often asked who has the right of way on crosswalks in the The Woodlands and Spring. In the article below, we answer that question, and others. For more information, call us at (832) 592-1108.

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 brakes, in order to avoid a collision.

What are the Responsibilities of Drivers?

Drivers must exercise a duty of care to pedestrians and other motorists on the road. That means behaving in a way that does not endanger themselves or others. The due care that drivers must pay to pedestrians includes:

Honking the horn to warn if necessary; and
Exercising proper precaution when seeing a child or confused/incapacity person on the roadway.

What Responsibilities do Pedestrians Have?

Pedestrians must follow these rules:

Pedestrians must obey traffic signals when crossing a roadway, Texas Transportation Code 552.001.
A pedestrian walking down the street must walk on the left side of the street, facing oncoming traffic. Texas Transportation Code 552.006.
Pedestrians must obey pedestrian control signals: walk on “walk”. Do not walk on “don’t walk” or “wait”. A pedestrian should proceed to the sidewalk or safety island if only partially across when “don’t walk” or “wait” is displayed.
A pedestrian may not suddenly leave a curb or other place of safety and proceed into the crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to yield.
A pedestrian shall yield right of way to a vehicle when the pedestrian is crossing a roadway somewhere other than in a crosswalk or where a pedestrian tunnel or overhead crossing is provided.

When to Contact a Pedestrian Accident Attorney

If you or a loved one is struck by a vehicle while walking on or near the roadway, crossing the road, or using a walking path, a pedestrian accident attorney can help you understand your rights. The pedestrian accident attorneys at Wham & Rogers have decades of experience helping pedestrian accident victims, and we can help you with your claim.

Get started with a free consultation with one of our attorneys. Call (832) 592-1108 today.

WHY YOU NEED UNDERINSURED MOTORIST COVERAGE IN TEXAS

Mon, 26 Jun 2017 18:09:07 GMT

In this video, 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 .

Understanding Underinsured Motorist Coverage

Underinsured motorist coverage is possibly the most important car insurance coverage 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.

So, what happens if you are injured by another driver and they do not have adequate coverage to compensate you for your injuries and expenses? In some cases, your own auto insurance may help cover some damages. However, underinsured motorist claims often leave victims with mounds of expenses that they are, essentially, stuck with.

However, if you are seriously injured in an auto accident, and have underinsured motorist coverage, your policy will provide additional coverage to compensate you for your losses and injuries.

Speak with an Injury Lawyer

If you are facing mounting expenses from an accident that was not your fault, and the responsible party does not have adequate insurance coverage, speak with a personal injury lawyer about your options. At Wham & Rogers, we help accident victims fight for their rights and the compensation that they deserve.

Call our office for a free consultation at (832) 592-1108 . We have offices in The Woodlands and Spring, 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 .

WHEN ARE PUNITIVE DAMAGES AVAILABLE?

Mon, 26 Jun 2017 18:05:58 GMT

Find Out when Punitive Damages are Available in Personal Injury Claims

When are punitive damages available in personal injury claims? What are they and what purpose do they serve? In this video, Attorney Mark Wham address the issue of punitive damages in Texas.

If you are injured due to the recklessness of someone else, contact Wham and Rogers, PLLC. Get help from The Woodlands and Spring, Tx Board Certified Injury Lawyers at (832) 592-1108.

Punitive Damages and Personal Injury Claims

Punitive damages are sometimes awarded in personal injury claims to discourage reckless behavior. For example, in car accident claims , a reckless driver may be ordered to pay punitive damages as a means of punishment and deterrence. 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. Not only is the individual responsible being punished for their actions, but 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 ways to conduct themselves without engaging in that kind of behavior or putting others at risk.

Have You Been Injured by Someone Else's Reckless ness ?

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 a wrongful death action , and all serious injury victims.

OUR RECENT ARTICLES

COLOSSUS AND PERSONAL INJURY CLAIM EVALUATIONS

Fri, 23 Jun 2017 18:00:15 GMT

Colossus Software Explained

Colossus is a controversial software that some insurance companies use to evaluate personal injury claims. Personal injury attorneys Wham & Rogers discuss the software and how it could apply to your personal injury case in the following video. Below, you can read more about the software.

If you have questions about your insurance claim, call Wham & Rogers at (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.

Get Help With Your Personal Injury Claim

If you believe you have a personal injury case, contact Wham & Rogers to learn more about a potential claim. We will conduct a thorough investigation into your case to determine if you are eligible to puruse legal action, and determine the potential value of your case.

Call our office for a free consultation. We would be glad to help. Wham & Rogers, PLLC is located in The Woodlands, and serves the Greater Houston Area including Harris and Montgomery Counties.

Wham and Rogers, PLLC – Board Certified Trial Lawyers (832) 592-1108.

THE TEXAS GOOD SAMARITAN LAW EXPLAINED

Thu, 22 Jun 2017 17:51:07 GMT

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:

administers emergency care using an automated external defibrillator; or
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 accidents , auto 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.

QUESTIONS TO ASK YOUR PERSONAL INJURY LAWYER

Wed, 21 Jun 2017 17:48:21 GMT

Three Questions you Should Ask Your Personal Injury Attorney

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. Call our trial lawyers in The Woodlands and Spring at (832) 592-1108.

If you are injured in an accident, you likely have many questions. Before meeting with an attorney, it is a good idea to consider what your most pressing questions are and have a list of topics you want to discuss.

Get the Personal Injury Help You Need

At Wham & Rogers, PLLC, we focus on Personal Injury Law. Our main office is located in The Woodlands and Spring, TX, but we help clients across the state. If you or someone you love is battling an injury, call (832) 592-1108 for a free consultation.

Do you need a…

WHAT IF MY CHILD IS INJURED AT DAY CARE?

Tue, 20 Jun 2017 17:42:49 GMT

What if my child is injured at day care?

We entrust our children to day care facilities expecting them to be kept safe while we are at work. But what happens when our child is injured or involved in an accident at a child care facility?

Wham and Rogers, PLLC – Personal Injury Attorneys (832) 592-1108.

Houston Day Care Injury Attorneys

There are nearly 11 million children enrolled in child care programs each year in the U.S.

The number of children that are injured each year at day care centers is actually quite alarming.

Day Care Injury Factors

Choke hazards
Unsafe cribs, cots, and beds
Unsafe playground facilities
Improper maintenance & cleaning practices
Improper use of child safety gates

If your child is injured at a day care center, you should document exactly what happened. Be sure to make careful notes documenting all communications with the facility.

Take adequate photos to document the injury and possibly the cause of the injury.

Many times, the parents become important damages witnesses in a child injury lawsuit. Therefore you should keep notes of your child’s symptoms throughout the injury and recovery period.

Need a Child Injury Lawyer?

Call our office for a free consultation at (832) 592-1108. We are Board Certified trial attorneys serving Texas, Harris County, and Montgomery County. Our principle office is located in The Woodlands and Spring, Tx.

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CAR ACCIDENT: WHAT TO DO WHEN IT IS NOT YOUR FAULT

Mon, 19 Jun 2017 17:39:31 GMT

Managing a Car Accident that is NOT Your Fault

Nobody ever plans on getting into a car accident. Doing so often leaves those involved confused and unsure when it happens. At Wham & Rogers, PLLC, we understand that the aftermath of an accident is stressful and emotional. We want to help Texas drivers and passengers feel prepared in the event they are involved in an accident.

Below, our car accident lawyers discuss three things you should do if you are ever in a car accident that is not your fault. If you have questions, call us at 832-592-1108 for a free consultation .

Video Summary – Car Accidents

What to Do After a Car Accident

If you are involved in a car accident, there are three things you can do to start protecting yourself, and your rights, immediately:

1. Call the police

You should exchange information with the other driver, but it is also important to complete a police report, which documents the time and location of the collision. It documents the parties involved and provides an official explanation of how the accident occurred.

2. Get Medical Attention

After a serious collision, crash victims may report feeling in a "daze" or experiencing extreme fatigue. This can cause them to go straight home and try to rest and/or sleep. However, prompt medical attention can rule out a serious concussion or other life-threatening injuries that you may be unaware of immediately after the accident. Immediately after an accident, your body is rushing with adrenaline and endorphins. This can mask symptoms of injuries, and you may not feel it until a day or so later.

It’s also important to document any injuries as soon as possible after the collision. By documenting your injuries and health status right away, you are establishing a baseline, and are also obtaining hard evidence from your healthcare provider.

3. Be Wary of Insurance Claims Adjusters

You don’t have to give an immediate recorded statement to a claims adjuster for your, or other parties' insurance. Avoid making recorded statements while you are experiencing high emotions and adrenaline. It is also recommended that you do not accept the first settlement offer made to you without consulting an attorney.

If you need time to process what happened and gather records, you are entitled to have the insurance adjuster contact your attorney to arrange for a recorded statement. This will allow you some time to prepare to recount the situation accurately.

Call a Car Accident Lawyer

At Wham and Rogers, PLLC, our car accident lawyers want you to be prepared in case an accident and/or injury happens to you or someone you love. If you have questions about an accident or want to learn more about your legal rights, call our office for a free consultation at (832) 592-1108. We are Board Certified car accident lawyers serving the Houston Area.

WHAT IF MY CHILD IS INJURED IN A SCHOOL BUS ACCIDENT

bthompson@dealerwebb.com (Brett Thompson) — Sat, 17 Jun 2017 17:33:00 GMT

If Your Child was Injured in a School Bus Accident, Wham & Rogers Want to Help

Accidents involving school buses and multi-passenger transport vans have been featured in the news lately. Alcohol is often a factor, and the prevalence of electronic devices has also increased the amount of distracted drivers on the road.

For families, a school bus accident is a terrifying ordeal. Children often suffer anxiety along with any physical injuries. It can take a long time for children to feel safe again riding a bus or other vehicle.

What do I do if my child is injured in a school bus accident?

Wham and Rogers, PLLC – Texas Injury Attorneys (832) 592-1108 discuss in this video

Houston Bus Accident Attorneys

Each day, during the school year, 23 million children ride the bus to school.

The law requires the use of seat belts in passenger vehicles, but most school buses do not have any sort of safety restraint system. Children can suffer serious injuries in a bus crash. Side impact collisions can be particularly dangerous in school buses.

Under Texas Personal Injury law, recovery is allowed for medical expenses, pain and suffering, disability, and physical impairment.

Texas Injury Law Firm

Call our office for a free consultation with a personal injury lawyer at (832) 592-1108. We are Board Certified trial attorneys serving Harris County and Montgomery County.

HOW MUCH IS MY PERSONAL INJURY CASE WORTH?

Fri, 16 Jun 2017 17:29:33 GMT

How to Value Your Personal Injury Case

Many of our clients ask how much their injury is worth in terms of monetary damages. The answer to that question can depend on several factors. We discuss these in this video post.

Wham and Rogers, PLLC – Texas Injury Attorneys (832) 592-1108.

Who is Liable for My Injury?

Sometimes the value of your case may depend upon how “questionable” or in-doubt liability for the injury is. For example, an auto collision at an intersection, that took place in front of zero eye-witnesses, may not have a clear at-fault party.

If the other driver denies being at fault, and there is no evidence proving who was at fault, then any settlement value may be diminished by just how difficult it would be for you to “win” the case if it goes to trial. Compare this to an auto collision where the other driver is clearly at fault. That Defendant is likely to settle for a much higher value.

There are other liability factors that can also increase the value of your claim. One example might be if the Defendant was also cited for DWI at the scene of the accident. That would likely increase the value of any settlement.

Other Factors Affecting the Value of an Injury Claim

A major factor in valuing any type of personal injury claim is assigning value to physical injuries, economic, and noneconomic damages. Some examples include:

The amount of necessary medical treatment as a result of the injury
The amount of lost wages caused by the injury
Pain and suffering caused by the injury
Disfigurement or permanent disability caused by the injury and/or Defendant

Additionally, the ability of the Defendant to pay for the harm that they have caused, i.e., the available insurance coverage, is often a huge factor in determining the value of a personal injury claim.

Contact a Texas Injury Attorney

If you are looking to explore your legal rights after being injured due to someone else's negligence, call Wham & Rogers today for a free consultation at (832) 592-1108. We are Board Certified trial attorneys serving Harris County and Montgomery County.

BRAIN INJURIES ARE MUCH MORE COMMON THAN YOU MIGHT THINK

Wed, 26 Apr 2017 17:26:14 GMT

Brain Injuries are Much more Common than You Might Think

At Wham & Rogers, our traumatic brain injury lawyers regularly speak with clients who are battling brain injuries. Below, we discuss important facts about TBIs.

If you have a brain injury due to negligence or wrongdoing, call us for a free consultation at 832-592-1108.

The link between football and Chronic Traumatic Encephalopathy (CTE) – recently admitted to by the NFL – has been well established for many years. It has become a more prevalent topic in the media of late, however.

Football players suffer hundreds or even thousands of concussions and sub-concussions by the time they conclude their professional careers. That professional football players are extremely likely to develop brain disorders (with estimates as high as 97% in all positions excepting kickers) is thus somewhat unsurprising. What's more, the sheer number of concussions they receive might make it seem unlikely that just one or even a few concussions could cause serious brain injury.

Even One Concussion Can Cause Devastating Brain Dysfunction

It is true that a single concussion is unlikely to cause any long-term problems. In fact, numerous studies have shown that around 80-90% of people who suffer a concussion will have no post-concussive symptoms three months later. Studies led by the Centers for Disease Control and Prevention (CDC), the National Institutes of Health (NIH), the World Health Organization (WHO), and others demonstrate, however, that the other 10-20% who suffer even one concussion will have devastating symptoms out to six months, one year, and beyond. Some studies have even found that there are Vietnam veterans continuing to suffer from concussions they sustained in their service to this day.

Post-concussive symptoms can include:

Impairments in cognitive functioning
Memory loss
Personality changes
Anxiety
Depression

Studies have also shown that concussions are strongly linked to increased risk of suicide and the development of neurodegenerative diseases such as Alzheimer’s and ALS later in life. It has been scientifically proven that concussions are, for many people, far more serious than is generally believed by the public.

The Problem With The Word “Concussion”

Brain scientists are now largely in agreement that the word “concussion” should be abandoned by the medical profession. They argue that, not only is “concussion” associated with a minor injury that has no serious medical consequences, but the word itself is ill-defined and confusing. Concussions, in medical terminology, are in fact just one type of Traumatic Brain Injury (TBI). Concussions fall into the category of Mild Traumatic Brain Injuries (mTBI) – ones in which a blow to the head or a whiplash injury results in an “alteration of consciousness” (typically a state of confusion following a head injury), or loss of consciousness for 30 minutes or less.

A diagnosis of “concussion” after a patient is knocked unconscious for 30 minutes might lead them to believe that the injury was not serious and that there will be no long-term symptoms. This may be especially so after the patient is cleared by a CT scan. Unfortunately, CT scans are, in fact, incapable of demonstrating the presence of a Mild Traumatic Brain Injury. What’s more, studies have found that emergency rooms in the U.S. fail to diagnose as many as 55% of Mild Traumatic Brain Injuries.

How Mild Traumatic Brain Injuries Cause Devastating Symptoms

Brain scientists have noted that the most common type of injury, and the most likely to occur with an mTBI, is known as Diffuse Axonal Injury, or DAI. DAI occurs when, as a result of a blow to the head or a whiplash injury, the brain is “rattled” against the inside of the skull. As the brain is bounced against the skull, different parts of the brain slide over one another. When this happens, the axons connecting various neurons (brain cells) can be pulled and broken, or “sheared.”

When axons are sheared, three important things happen:

The neurons that those axons connect die;
The connection between those neurons (which could be important to any number of brain functions such as memory, cognition, executive function, and motor function) is lost;
A flood of chemicals known as neurotransmitters releases.

This all serves to highlight the unpredictable nature of an mTBI, in that:

The release of neurotransmitters, if it is significant enough, can and does result in anxiety, depression, and aggressive behavior.
Neurons and axons are “highly oriented,” meaning that they serve specific functions that are unique to each brain, and that a wide range of symptoms can result from axonal shearing.
Not only are the consequences of DAI impossible to accurately predict, the presence of the injury itself is almost always impossible to detect on brain scans like CT and MRI. Some newly developed imaging techniques have shown promise in detecting DAI – however, those imaging techniques are expensive and largely experimental.

Each mTBI Increases The Risk of Long-Term Symptoms

While, as noted above, only about 10-20% of people who suffer an mTBI will have symptoms beyond three months, that 10-20% risk is cumulative. That is, each time a person sustains an mTBI, their risk of having long-term, devastating symptoms goes up. That is because, when axonal connections are lost, other axons attempt to “make up for” the lost connections – and, typically, they do within a few months. With each subsequent mTBI, however, more and more connections are lost and more neurons die, making it increasingly difficult for the remaining neurons to catch up.

The Likelihood of mTBI

The CDC has reported that roughly 1.5 million Americans suffer a Traumatic Brain Injury each year – 75% of those are mTBIs. It is worth noting again that hospitals in the U.S. have been reported to miss more than half of mTBIs in the emergency room – making the CDC’s report likely to be an underestimation of the true incidence.

Considering the potentially devastating consequences of mTBI, and the substantial likelihood of sustaining them, it is no surprise that research into the treatment of mTBI and the prevention of the symptoms that can result is widespread, well-funded, and ongoing.

What to Do After an mTBI

Following a head injury, the best steps that one can take include a combination of emergency and long-term medical care. Patients and their families should do the following:

Visit an emergency room right away, if only to rule out the possibility of an injury that requires immediate medical intervention such as a subdural hematoma.
Follow up with a doctor if symptoms such as confusion, ringing in the ears, anxiety, depression, anger, and memory problems do not resolve within a few days following an mTBI.
If problems persist, visit a neurologist or neuropsychologist for a thorough evaluation and treatment options such as medication and neurocognitive rehabilitation.

mTBIs after an Accident

It is common to hear about TBIs and mTBIs related to sports like football. But these injuries can occur for many different reasons. Auto accidents are another common cause of serious head injuries. Additionally, workplace injuries, construction accidents, and other accidents can cause TBIs.

Any time a TBI or mTBI is the result of someone else's negligence, the victim may be eligible to pursue compensation. Compensation after a head injury may include medical costs, loss of income, pain and suffering, and more.

If you are suffering a serious head injury due to someone else's negligence, call the Traumatic Brain Injury lawyers at Wham & Rogers, PLLC. For a free consultation, call us at 832-592-1108.

DRIVE SAFELY THIS MEMORIAL DAY WEEKEND

Wed, 26 Apr 2017 17:21:59 GMT

Reminder to Drive Safe on Memorial Day Weekend

Texas roadways seem to get more and more dangerous all the time. Every two-and-a-half hours, someone is killed in an accident on Texas roadways. Furthermore, one person is seriously injured about every two minutes.

Below, the personal injury attorneys at Wham & Rogers provide statistics on auto accidents. If you have been injured in an accident, call our attorneys at (832) 592-1108 .

During holidays like Memorial Day, there is more traffic on the road than usual. Also, there are events, parties, and gatherings that often serve alcohol. The combination of more people on the road, more intoxicated drivers, and late-night events can be disastrous.

Texas Auto Accident Statistics

To get a better idea of just how many accidents and injuries occur each year, consider the following statistics:

More than 13,000 serious injury crashes occur in Texas each year
Each year, accidents cause more than 17,000 serious injuries
Each year, accidents cause more than 3,500 deaths.
Failure to wear seat belts is a major risk factor in roadway fatalities.
About 30% of traffic fatalities involve crashes where a driver is under the influence of alcohol.
More alcohol-related collisions occur between 2:00 a.m. and 3:00 a.m. than at any other hour of the day.

If you are traveling this weekend, take measures to be safe. Buckle up, don’t drink and drive, and be alert for intoxicated drivers.

HEAD-ON CRASH IN MONTGOMERY COUNTY KILLS 4 – WHAM & ROGERS PLLC

Wed, 26 Apr 2017 15:29:16 GMT

Head-On Crash Kills Four People in Montgomery County

Head-on crashes are among the most dangerous. They often cause extensive property damage, and more serious injuries to those in the front seat.

One recent example in Montgomery County highlights just how dangerous these accidents can be.

The Houston Chronicle reported that a head-on collision on April 19, 2016 killed four and seriously injured four others. The collision occurred on FM 3083 in Montgomery County, when a Toyota Tundra Pickup allegedly crossed into the oncoming lane in a no-passing zone, striking a Chevy Tahoe SUV head-on.

The Toyota Tundra caught fire shortly after a child was pulled from the vehicle, but two adult passengers were not reached in time to be saved. Of the passengers in the Chevy Tahoe, three survived and were taken to local hospitals. The four survivors of the crash – all of whom are reported to be children – remain in critical condition.

Texas DPS spokesman Erik Burse was right to note that this was a “preventable” collision. Tragic crashes such as this, however, are all too common in Texas. The Texas Department of Transportation reports that 581 people were killed in head-on collisions in Texas in 2014 (the last year that data was available), while 3,534 were killed and 237,941 were injured out of all motor vehicle crashes. Of those 3,534 fatalities, 53 were in Montgomery County and 418 were in Harris County. The total estimated economic loss for all motor vehicle crashes in Texas that year was an astonishing $28,800,000,000.

Crashes on Texas Roadways

Most of us are well aware that motor vehicle crashes are common in Texas, and often lead to debilitating injuries, enormous economic loss, and tragic deaths. A significant number of these crashes, like this latest collision in Montgomery County, might be called “preventable.” Preventing a tragic motor vehicle crash, however, requires safe, conscientious driving by all involved. A driver who recklessly crosses into a lane of oncoming traffic, follows too closely, ignores traffic signals, drives under the influence, or is fatigued or distracted can collide with a safe driver before he has a chance to react, with devastating results.

Get Legal Help After a Crash

If you or a loved one are injured or killed as a result of another driver’s reckless behavior, you should consider contacting an experienced personal injury attorney to learn about your options for recovering your economic losses from medical expenses, past and future lost earnings, and long-term disabilities.

ATTORNEY RENE ROGERS MARKS 22 YEARS WITH AV RATING

Mon, 11 Jul 2016 17:57:58 GMT

Attorney Rene Rogers Honored with AV Preeminent Rating

A Firm You Can Trust

At Wham & Rogers, PLLC, clients are seen as more than just another case number on the docket – Attorneys Mark Wham and Rene Rogers get to know each clients’ story, needs, concerns, and goals. Those who come to the firm can trust that they’re receiving the representation they need to overcome this difficult time.

If you’ve been injured in an accident, you should not hesitate to retain representation from advocates who put your needs first. Because our firm is solely focused on personal injury, we’re able to dedicate all of our time and resources to helping the injured and bereaved.

To learn more about how we can help, call (832) 514-2672 or fill out our brief online form to request a free case review.

MARK WHAM RECEIVES AWARD FOR CLIENT SATISFACTION

Fri, 25 Mar 2016 18:38:26 GMT

Attorney Mark Wham Receives Award

Be formally nominated by the institute, client, and/or fellow attorney
Have attained the highest degree of professional achievement in their field of law
Maintain an impeccable client satisfaction rating

Many attorneys are able to achieve high levels of success, but oftentimes client satisfaction is sacrificed in the process. The American Institute’s Personal Injury division holds client satisfaction as priority and looks to award attorneys that have not only achieved unparalleled success but have done so for the benefit of their client.

A Track Record of Dedication

Wham & Rogers, PLLC attorney Mark Wham first received his license in 1987 and has since then dedicated his practice to representing clients in their time of need. Clients at Wham & Rogers, PLLC deserve quality representation, regardless of their income, which is why personal injury cases are offered on a contingency fee basis. Unless the legal team secures a favorable outcome, clients pay no legal costs.

This award is an addition to an extensive list of awards and recognitions including an AV Preeminent® Rating from Martindale-Hubbell® and the firm’s membership in the Million Dollar Advocates Forum. Attorney Mark Wham has the skill and experience to put his client’s needs first while helping them navigate through the legal process.

If you’re in need of a The Woodlands and Spring personal injury attorney, call Attorney Mark Wham of Wham & Rogers, P LLC at (832) 515-2672 to request a free case evaluation.

TRADE SECRET PROTECTION UNDER TEXAS LAW

Thu, 26 Nov 2015 17:16:04 GMT

Learn More about Texas Trade Secret Law

Trade Secret theft has become a major problem for U.S. businesses. The National Security Association has estimated that trade secret theft costs U.S. companies $334 billion per year.

And when we talk about trade secret theft, we’re not just talking about Chinese computer hackers. Read on to learn more about trade secret law. If you have questions, call our trade secret attorneys at (832) 592-1108.

A survey of federal trade secret cases revealed that 90% of trade secret theft comes at the hands of employees and business partners.

In a 2009 study, approximately 1,000 ex-employees were interviewed after they resigned or were let go from their jobs. Here’s what was learned:

59% of those ex-employees admitted stealing confidential business information from their ex-employers’.
82% took documents and electronic files when they left;
40% downloaded files and documents to USB flash drives; and
38% sent company files as attachments to their personal email accounts.

48 States Have Adopted Uniform Trade Secrets Acts

In response to the growing problem with Trade Secret Theft, 48 states, including Texas, have adopted a Uniform Trade Secrets Act. These acts clarify the issue of what types of information can qualify for trade secret protection, and have provide uniformity as to how trade secret cases are handled.

The Texas Uniform Trade Secrets Act

The Texas Act is called the Texas Uniform Trade Secrets Act. It became effective in September of 2013. The Texas Act provides trade secret protection to very broad categories of your confidential business information, including: your pricing strategies; your customer lists; your vendor list; lists of potential customers and suppliers; your marketing plans; your profit margin information; and your customers’ purchasing histories.

Protect Your Confidential Business Information

If you have reason to believe that an ex-employee has taken your confidential business information with him to use in competition against you, contact an experienced business litigation attorney to learn how you can protect your rights.

Wham & Rogers

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This is a public service announcement. Wham & Rogers, PLLC does not handle barratry cases.

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Yes. Under Texas Law Bike Riders Can Ride Two Abreast in the Roadway

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Where Can You Legally Ride Your E-Bike in Texas?

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Requesting Your Woodlands, Texas Crash Report After a Wreck:

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Auto/ Pedestrian – Who has the right of way?

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