Personal Injury

Dallas Attorney Knowledgeably Assisting Accident Victims

If you have been hurt because of someone else’s carelessness, you can seek the help of Dallas personal injury lawyer David A. Asbill. He can tirelessly advocate for your right to receive the compensation that you deserve for your harm. Based in Forney, Mr. Asbill is familiar with a wide range of accident cases and has represented injured Texas residents since 1997. He also can assist people who need a family law attorney or guidance with a probate, consumer law, or commercial litigation matter.

Assert Your Rights through a Personal Injury Claim

Texas personal injury cases are rooted in the theory of negligence. This occurs when harm results from someone’s failure to exercise the degree of care expected of a reasonably prudent person or entity in the same situation. In order to establish negligence, the plaintiff must show that the defendant owed the plaintiff a duty of care, the defendant’s conduct failed to conform to the duty of care, the defendant’s conduct was a direct cause of the accident, and the plaintiff suffered actual damages that can be compensated. Forms of compensation often include medical expenses, lost income, the costs of future treatment, property damage, and pain and suffering.

Like other states, Texas has a specific time frame within which a personal injury lawsuit must be filed. In general, a plaintiff has two years from the time of the accident to file his or her claim. This makes it imperative to consult an attorney as soon as possible after you have been hurt.

Car Accidents

Unfortunately, car accidents happen every day. In Texas, the two most common reasons for collisions are speeding and distracted driving. Other common causes include tailgating, failing to yield, and changing lanes in an unsafe manner. If you or someone in your family has been injured in a car accident that was not your fault, you will likely be able to take legal action. For example, a speeding driver who causes an accident and your resulting harm may be held liable for your damages. This is because a reasonably prudent driver probably would not speed behind the wheel, knowing the dangers it poses to others on the road.

Truck Accidents

Truck accidents may be extremely dangerous for people in other vehicles, given the sheer size, force, and weight of a truck. If a truck driver causes an accident and injuries due to his or her carelessness, the driver may be held liable. Also, a truck driver’s employer may be vicariously liable for the truck driver’s negligence under the theory of “respondeat superior.” This doctrine may be invoked if the accident took place while the truck driver was on the job.

Pedestrian Accidents

Pedestrian accidents often result in devastating injuries, since there is no vehicle protecting the body of a pedestrian who is hit. Unfortunately, this frequently happens when drivers fail to stop for pedestrians at crosswalks, fail to check their blind spots, or speed excessively and are unable to stop for pedestrians. If a vehicle strikes a pedestrian, the victim likely can bring a claim for compensation. If the accident proves fatal, which happens all too often, the victim’s family may bring a wrongful death action to recover funeral and burial expenses, as well as compensation based on their relationship with their loved one.

Slip and Fall Accidents in Stores

Slip and fall accidents may take place for a number of reasons, including wet floors, slippery surfaces, cracked floors, broken stairs, poor lighting, and torn carpets. In slip and fall cases, the legal status of the plaintiff on the property is very important. While these cases are also rooted in the theory of negligence, the duty of care that a property owner owes a plaintiff will vary based on the plaintiff’s status. Business owners owe the highest duty of care to their customers. They must warn about or repair any condition that poses an unreasonable risk of harm of which the business owner knows or should know.

Slip and Fall Accidents in Homes

Slip and falls that occur in homes are slightly different from those that occur in stores. This is because social guests who visit a home are owed a lesser duty of care than business customers. When it comes to social guests, a property owner must warn about or repair any condition posing an unreasonable risk of harm of which the property owner actually knows.

Dog Bites

Dog owners have an obligation to be responsible when it comes to their pets. Even a small bite may result in long-term harm for a victim. In addition to the physical injuries, dog bites can cause psychological trauma and emotional distress, especially if there are visible scars as a result of the bite. In general, Texas follows the “one free bite” rule, which means that a court may not hold a pet owner accountable if the dog has no prior record of biting or attacking someone. However, some breeds are not subject to this exception. If you have been injured by a dog bite, we can thoroughly examine the facts of your case to determine your legal options.

Consult a Personal Injury Lawyer in the Dallas Area

If you or someone close to you has been hurt in an accident that was not your fault, you should consult a Dallas personal injury attorney about your legal rights. David A. Asbill understands the importance of alleviating the financial burden on you as you focus on the healing process. He proudly serves victims and their families throughout Rockwall and Kaufman Counties. Call us at 972-564-2050 or contact us online to set up a free consultation. Mr. Asbill also can represent people who need a probate attorney or assistance with navigating a divorce or a business dispute.