Posted on Monday, January 1st, 2024 at 12:00 am
After a personal injury accident, the losses many of us face extend far beyond our bank accounts. In addition to the physical pain of the initial injury, there’s also the emotional toll of living with an injury, and the mental effects caused as a result of reduced abilities.
If you’ve sustained an injury that’s left you suffering, you may be owed compensation. Keep reading to learn more about how you can seek non-economic compensation with help from an Austin personal injury lawyer.
What Is Non-Economic Compensation?
Non-economic compensation is a form of compensatory damages, meaning damages that are meant to compensate victims for the harm they’ve faced due to accidents caused by someone else.
Non-economic compensation is meant to compensate victims of personal injuries for the suffering they face that doesn’t have a specific dollar value. Non-economic compensation can sometimes be more difficult to fight for compared to economic compensation.
If you plan on seeking non-economic compensation, it’s in your best interests to get help from a personal injury lawyer in Austin.
What Kinds of Non-Economic Compensation Are Available?
Generally speaking, non-economic compensation is able to cover any suffering you’ve suffered related to your injury that doesn’t have a calculable price. This can include the following types of damages:
- Pain and suffering
- Mental anguish
- Lost consortium
- Reduced quality of life
- PTSD and other mental illnesses
Keep in mind that because these types of damages have no exact price, they aren’t considered separately when it comes to calculating compensation.
How Is Non-Economic Compensation Calculated?
While economic compensation can be determined using things like receipts and pay stubs, non-economic compensation isn’t so straightforward. Rather than being calculated individually, non-economic damages are figured in one lump sum. In Texas, non-economic compensation is calculated based on the total amount awarded for economic compensation. The total economic compensation is multiplied by a figure between 1.5 and 5 depending on the severity of your case.
How an Austin Personal Injury Lawyer Can Help You Get Personal Injury Compensation
Your personal injury attorney will play a key role in getting you whatever non-economic compensation you deserve. First, your attorney will gather the evidence needed to prove what you’re owed in economic damages. This might include receipts, pay stubs, and medical bills. Your lawyer will also prove how severely you suffered in relation to your personal injury. The evidence needed to prove your suffering might include expert testimony, your work history, and first-hand accounts.
Your Austin personal injury attorney can help you figure out what non-economic damages you’re owed and how to get them. If you’ve been injured due to someone else’s actions or thoughtlessness, don’t face the process of getting compensation on your own. Get help from an experienced personal injury lawyer in Austin at Ramos James Law, PLLC.
If you’ve been injured due to someone else, get in touch with the Austin personal injury attorneys at Ramos James Law, PLLC, for help seeking compensation.
Posted on Thursday, November 23rd, 2023 at 12:00 am
A woman was struck and killed by a train in Leander on November 18. Train accidents aren’t as common as other types of Texas vehicle accidents, but they happen more often than you might think. Keep reading to learn more about the deadly train accident and the facts around Texas train accidents from Ramos James Law, Austin accident injury lawyers.
The Deadly Texas Train Accident
A woman was found dead in Leander after being struck by a CapMetro train on Saturday, November 18. The accident happened near US Highway 183 between Farm-to-Market Road 2243 and Sonny Drive.
Police received a report of a train-pedestrian collision at around noon on Saturday. Upon arriving at the scene, officers found a woman dead. Officers believe the woman was crossing a railroad bridge on foot when she was struck by the train. There is reportedly a bus bridge for walking between the Lakeline and Leander stations.
At the time of the collision, only the engineer and conductor were on board the train.
The woman has yet to be identified, but she has been described as a white female of unknown age.
The accident led to delays for both trains and traffic on Saturday.
This collision was one of two vehicle accidents seen in Leander on Saturday. Later the same day, a motorcyclist was killed in a crash on US 183.
Train Accidents in Texas: What You Need To Know
Train accidents are one of the most uncommon types of vehicle accidents seen in Texas, accounting for less than one-tenth of one percent of all Texas crashes. Still, these accidents aren’t unheard of. In 2022, there was one train accident roughly every thirty hours in the state. More than two-thirds of those accidents occurred in urban areas compared to rural areas.
Thankfully, the majority of Texas train crashes aren’t deadly. In 2022, around 5% of train accidents in Texas resulted in a fatality. While that might seem low, that means that train accidents are far more dangerous than your average Texas car accident. In 2022, less than one percent of all vehicle accidents were fatal. This makes Texas train accidents at least five times deadlier than the average accident.
As a driver or pedestrian, there are steps that you can take to reduce your likelihood of being involved in a train crash:
Pedestrian Train Safety Rules
- Only cross the tracks at designated areas
- Look both ways when approaching a railroad crossing
- Stay as far from the rails as you can, at least four feet
- Don’t walk between the rails
- Don’t walk on the tracks in undesignated areas
- Avoid listening to loud music or being distracted while walking near tracks
Driver Train Safety Rules
- Stop, look both ways, and listen before rail crossings
- Never drive around a lowering railway gate
- Never ignore train warning signals
- Leave 15 feet between your car and the gate or stop sign at an active crossing
- Never stop on the tracks
- Wait for gates to fully rise and lights to stop before crossing after a train
- If your car stalls on the tracks, get everyone out right away and call for help
If you’ve been involved in a Texas train crash, you can reach out to an Austin accident injury lawyer for help seeking financial relief.
Posted on Wednesday, October 25th, 2023 at 12:00 am
Five people died in five separate auto accidents in Travis County starting on Saturday, October 21, and ending on Monday, October 23. This is a considerable spike compared to the average number of deadly crashes Travis County sees per year.
Keep reading to learn about the deadly accidents and facts surrounding deadly accidents in Travis County from the team at Ramos James Law, your Austin accident lawyers.
The Deadly Travis County Accidents
The first deadly accident happened on Saturday near Manor, Texas. Two vehicles were involved in a crash at 13601-14125 North State Highway 130 in the northbound lanes, according to a post by emergency responders. One adult was pronounced dead on the scene and another was transported to a hospital with potentially serious injuries.
The second accident occurred at around 5 a.m. on Sunday, October 22. A pedestrian was on the Interstate 35 frontage road at Braker Lane in Austin when they were struck by a car. An adult died on the scene, according to emergency responders.
The third accident also happened on Sunday at around 9:37 a.m. in nearly the same location as the first deadly accident. The accident was at 13601-13749 North SH 130 service road, northbound. Again, one adult was pronounced dead on the scene.
The fourth accident occurred later the same day just before 3:40 p.m. in Austin. The accident happened at the intersection of Corpus Christi Drive and West Parmer Lane and involved two vehicles. One person was pronounced dead on the scene and another was taken to a hospital with non-life-threatening injuries.
The final accident happened on Monday just before 1:30 p.m. on the same highway as the first and third crashes. Two vehicles were involved in the crash on State Highway 130 service road, southbound, at Maha Loop in southeast Travis County. Emergency responders initiated CPR on one adult, but the individual succumbed to their injuries on the scene. Two more adults were evaluated for minor injuries but refused hospital treatment.
How Many Deadly Accidents Happen in Travis County?
With five deadly accidents happening in such quick succession, you might be asking yourself just how many fatal crashes happen in Travis County. The answer might not be as high as you think.
In 2022, there were just 162 deadly accidents in Travis County. That’s one deadly accident roughly every 31 hours. While each death is a tragedy, that still only represents about 1% of all Travis County accidents. This means Travis County accidents are slightly more dangerous than the state average, but five deaths in three days is still very high.
If you’ve been involved in an Austin accident, reach out to an Austin accident lawyer like those on the team at Ramos James Law for help.
Posted on Tuesday, October 10th, 2023 at 12:00 am
A man was arrested following a deadly wrong-way crash in Austin on October 5. Wrong-way crashes are not common causes of car accidents, but they can be incredibly hazardous.
The Deadly Austin Car Accident
On Thursday, October 5, a man was arrested by Austin police after allegedly causing a deadly wrong-way accident near Austin-Bergstrom International Airport. The 44-year-old man is facing a second-degree felony charge.
The accident occurred in the early morning on East State Highway 71. The now-arrested driver was traveling west on the highway in a white Ford Excursion when he lost control of his vehicle and began driving east in the westbound lanes.
In the 1500 block of the highway, the Excursion struck a black Nissan Rogue that was traveling westbound. The Nissan struck another vehicle as a result; the Nissan driver was killed in the crash.
Witnesses told authorities that they saw the Excursion traveling the wrong way at a high rate of speed prior to the crash.
After the crash, the man accused of causing the wrong-way accident was seen walking away from the crash with injuries consistent with the incident. He later admitted to police that he had been driving the Excursion and had fled the scene. He also admitted that he had been drinking alcohol before driving. A field sobriety test was conducted, and the man was arrested for intoxication manslaughter.
How Dangerous Are Wrong-Way Crashes?
Wrong-way crashes might not be in the top-ten when it comes to causes of car accidents, but they’re still more common than you might think. In 2022, wrong-way crashes on one-way roads happened about once every seven hours in Texas.
Out of all of those accidents, less than 100 resulted in a fatality, accounting for roughly 7% of all Texas wrong-way crashes. While that might seem low, it’s still incredibly hazardous. Out of all Texas car accidents, less than 1% are deadly. That gives you some idea of how much more dangerous wrong-way crashes are in comparison. In fact, wrong-way crashes are roughly ten times deadlier than the average car accident.
How To Avoid Wrong-Way Crashes
The best way to avoid any sort of accident is to consider what causes those accidents. In the case of wrong-way accidents, there are a few common factors that contribute to the likelihood that a person will drive the wrong way on a one-way road:
- Driving under the influence of drugs or alcohol
- Driving while distracted
- Driving in poor weather conditions
- Driving with poor visibility
- Road signage issues
- Mechanical failures
- Advanced age
While there’s nothing that you can do to avoid some of the top causes of wrong-way crashes, you can do your part to only drive while you’re focused and able to see clearly.
If you or a loved one have been injured in an Austin car accident, an Austin personal injury attorney can help you make a claim for financial relief.
Posted on Thursday, September 21st, 2023 at 4:16 pm
One person was killed in an accident caused by a wrong-way driver in Buda on September 15. Keep reading to learn more details about the event, and to learn more about wrong-way driving accidents from car accident lawyers in Austin.
The Wrong-Way Car Accident
Authorities say they responded to a call about a wrong-way driver on I-35 in Buda at around 4 a.m. on Friday, September 15. While the police were responding, the driver struck four vehicles on the interstate. The driver was traveling southbound in the northbound lanes of I-35 when he was involved in a multi-vehicle collision near Main Street.
Two of the vehicles struck were semis. A Jeep was also involved in the collision, though it’s unclear whether it was the wrong-way vehicle or one of the vehicles struck. Following the accident, the Jeep was resting on the median and caught fire, according to police representatives.
Officials also reported that the highway was littered with debris and hazardous materials after the crash, leading to a road closure. The interstate was reopened as of 8:30 a.m. on Friday.
A 55-year-old female driver was killed in the crash, two others were left injured but not in critical condition, and the wrong-way driver was hospitalized with non-life-threatening injuries. The condition of the other drivers involved is unknown.
It’s unknown why the wrong-way driver was in the wrong lane prior to the crash, and police report that it’s unclear how the driver gained access to the wrong lane. Authorities say there is currently no indication that alcohol played a role in the crash.
Police representatives said that no charges are currently being filed, but charges could be filed in the future in relation to this incident. An investigation into the crash remains ongoing.
Wrong-Way Crashes in Texas: What You Need To Know
The Texas Department of Transportation (TxDOT) reports statistics on many different aspects of car accidents in the state, including their contributing factors. According to this data, there were 1,240 accidents caused at least in part by wrong-way driving on one-way roads in Texas in 2022. That’s more than three wrong-way crashes every day.
Of those accidents, 92 resulted in at least one fatality. That means that roughly 7% of all wrong-way accidents lead to a fatality. For reference, less than 1% of all car accidents result in a fatality. In fact, wrong-way crashes are roughly ten times as deadly as the average Texas car accident.
All of this goes to show just how important it is to understand and avoid the top causes of wrong-way accidents. Check out the top causes below and do your part to prevent wrong-way crashes on Texas roads:
- Bad weather
- Poor signage
- Insufficient lighting
Never drink or use drugs and drive, put away distractions while you’re driving, only drive when you’ve had enough rest, and avoid driving in poor conditions.
If you’ve been involved in a wrong-way crash, an Austin car accident attorney can help you find the path forward.
Posted on Wednesday, September 6th, 2023 at 12:00 am
Twenty-three people were injured on Labor Day when an SUV drove into a Denny’s restaurant in Rosenberg. Read the details of the incident and learn more about car-building crashes from your Austin car accident attorneys at Ramos James Law.
The Car-Building Collision
At around 11:22 a.m. on Monday, September 4, the Rosenberg Police Department received multiple 911 calls about an accident at the local Denny’s restaurant. Upon arriving at the scene, officers found that a Jeep SUV had been driven inside the building.
During the Labor Day lunchtime rush, the vehicle drove through the Denny’s south-facing exterior wall, destroying several booths inside the building. The Denny’s is located about 35 miles southwest of Houston on a Southwest Freeway frontage road in Rosenberg.
Victims reported hearing a loud bang before the car suddenly appeared inside the building, pushing debris in every direction. Photos of the scene show a black SUV driven fully inside the Denny’s.
A total of twenty-three people were injured in the crash, and all were taken to various hospitals in the area. The injuries ranged from minor cuts to severe damage, but none appeared to be life-threatening, according to authorities. None of the victims were rendered unconscious during the crash.
Initial reports stated that the victims’ ages ranged from 12 to 60 years old, but later reports stated that an 8-year-old, 77-year-old, and 79-year-old were hurt in the crash.
The 30-year-old driver of the SUV was unharmed in the crash. An investigation into the cause of the incident remains ongoing.
It’s unclear at this time what caused the SUV driver to collide with the restaurant, but Rosenberg Police say wet road conditions may have contributed. Victims told reporters that the driver did not appear to be intoxicated at the time of the crash, but details have not been confirmed.
Car-Building Collisions: How Common Are They?
Once you’re inside a building, you probably take it for granted that you’ll be safe from pedestrian-auto collisions, but the fact is that cars do crash into buildings every day in the U.S. In fact, the country sees an average of 100 vehicle-into-building collisions every single day. This includes collisions with restaurants and storefronts and collisions with apartments and homes.
According to the experts with the Storefront Safety Initiative, the top cause of car-building crashes is accidental acceleration: the driver thinks their foot is on the brake when it’s actually on the gas. Similar collisions can also occur when drivers think their car is in drive but it’s actually in reverse, or vice versa.
It’s also possible that the number of vehicle-into-building collisions may be underreported. That’s because if the vehicle involved collides with another vehicle before striking a building, that collision may not be recorded as a vehicle-building collision at all. This means that vehicle-building collisions may be an even greater problem than we think.
If you’ve been injured in an Austin car-building collision, the Austin car accident attorneys at Ramos James Law can help you find a path forward.
Posted on Tuesday, August 22nd, 2023 at 3:57 pm
At least two serious pedestrian-car accidents happened in Austin over the course of less than 48 hours, starting late Saturday, August 19. Learn about the details of the crash and tips for staying safe as a pedestrian on Texas roadways from your Austin car accident attorneys at Ramos James Law.
The Saturday Night Crash
According to Austin-Travis County EMS (ATCEMS), one person was struck in an auto-pedestrian accident in Austin at around 11 p.m. on August 19. The collision occurred in the 100 block of North Lamar Boulevard, just north of the Colorado River bridge.
ATCEMS reports that the pedestrian was transported to a nearby hospital with critical, life-threatening injuries.
Information about the details of this crash is limited at this time.
The Monday Morning Crash
Drivers were told to expect delays and seek alternate routes after a deadly pedestrian-car accident on Interstate 35 in Austin on Monday, August 21. Authorities with the Austin Police Department (APD) responded to the incident at around 6 a.m., but the time of the initial collision has not been determined or confirmed.
According to the APD, a driver stopped to render aid after striking a pedestrian while traveling northbound on I-35 near exit 238B. Authorities report that the victim may have been struck by several other vehicles before the driver stopped to help.
Several lanes of I-35 were closed for hours following the deadly collision. Some parts of the interstate remained shut down as of 8:30 a.m. on Monday.
Safety Tips for Pedestrians and Bicyclists
Due to the extreme forces put on the body during a collision with a vehicle, these incidents can be incredibly dangerous. Based on data from the Texas Department of Transportation, you are more than 10 times more likely to be killed in a pedestrian-car accident than in an average car accident. That goes to show just how important it is that we all take care when walking in areas where traffic is also present.
While drivers have a huge responsibility to drive safely near pedestrians, there are also steps that you can take as a pedestrian or bicyclist to keep yourself safe:
Safety Tips for Pedestrians
- Obey road signs and signals
- Use sidewalks when they’re available
- In areas without sidewalks, walk facing traffic, as far from traffic as you can
- Use crosswalks and intersections for crossing
- Look both ways before crossing streets
- In areas without crosswalks, cross in clearly-visible, well-lit spots
- Watch for cars entering and leaving driveways
- Avoid walking in heavy-traffic areas while under the influence
Safety Tips for Cyclists
- Obey traffic signs and laws
- Ride with the flow of traffic, not against it
- Yield to cross-traffic
- Stay alert
- Watch for people leaving and moving parked cars
- Look both ways before turning
- Ride in a straight line
- Signal before changing lanes or turning
If you’ve been injured in a pedestrian-car accident, a personal injury lawyer can help you find a path forward.
Posted on Wednesday, August 9th, 2023 at 1:57 pm
A six-year-old girl was injured in a drunk driving accident in Round Rock on August 6. Learn details about the crash and the dangers of drunk driving in Texas from your Austin car accident attorneys at Ramos James Law, PLLC.
The Drunk Driving Crash
At around 6:45 p.m. on August 6, a drunk driver caused a collision on I-35 near State Highway 45 in Round Rock. The three-vehicle crash left a six-year-old girl in critical condition. A dash cam from a nearby vehicle caught footage of the incident.
Just before the collision, a white Dodge pickup truck can be seen traveling north at a high rate of speed on I-35. Traffic in front of the truck had reduced speed nearly to a stop, but the drunk driver failed to respond.
The truck is shown slamming into the back of a black passenger car, crumpling the smaller vehicle into the rear end of a semi-truck trailer. The pickup was pushed on top of the passenger car by the force of the crash.
Traffic on the interstate came to a standstill with bystanders exiting their vehicles to render aid. Bystanders directed the drunk driver to back the truck off of the passenger car and the driver was removed from the vehicle. The distressed driver alerted bystanders that her daughter was still in the now-crushed car.
Bystanders told reporters that the vehicle was so crushed, it seemed impossible that anyone could still be inside, but they were able to spot the girl. Rather than attempt to remove her from the vehicle, the bystanders waited for emergency assistance, directing traffic around the crash in the meantime.
Once emergency crews arrived on the scene, the six-year-old girl was removed from the vehicle and taken to a nearby hospital where she underwent emergency brain surgery. News sources report she suffered a fractured skull and spine, a traumatic brain injury, and damage to her optic nerve.
The driver of the Dodge pickup has been charged with intoxication assault. An investigation into the event remains ongoing.
The Dangers of Texas Drunk Driving Car Accidents
Drunk driving accidents are a serious problem in Texas. In fact, Texas comes in third place in the country for alcohol-related car accidents. Texas is actually the state in the country with the highest number of drunk drivers under the age of 21 involved in fatal crashes. Texas also came in second place for the highest number of fatal drunk driving accidents per capita.
Unfortunately, drunk driving crashes are also far more dangerous than other types of crashes. While less than 1% of all Texas car accidents result in a fatality, roughly 3% of all drunk driving crashes result in at least one death. This means drunk driving crashes are more than three times deadlier than other types of crashes.
If you or your child has been injured in a Texas car accident, an Austin child car accident attorney can help you fight for compensation.
Posted on Tuesday, August 1st, 2023 at 12:00 am
Following a minor fender-bender, you may be able to handle the process of seeking financial compensation on your own. However, if you were injured or involved in a serious accident, you could be facing life-changing challenges.
But you don’t have to face those challenges alone. An experienced Austin auto accident lawyer can help you defend your rights.
Still, knowing you need a lawyer isn’t the same as knowing which lawyer to hire. If you’ve been injured or lost a loved one in a car accident in Texas, you can follow the steps below to find the right Austin personal injury attorney for your case.
How To Find an Experienced Austin Auto Accident Lawyer
Before you can decide which lawyer to hire, you’ll need to know about your options, but searching can feel a bit overwhelming. The most important thing is to find lawyers with experience dealing with cases like yours. You can get a robust selection of options by following these simple steps:
- Ask friends and relatives for recommendations.
- Use a local lawyer referral service.
- Search online for lawyers in your area.
- Ask other lawyers you know for a referral.
Keep in mind that not every lawyer can handle a car accident case. You’ll need to look for personal injury lawyers and car accident attorneys, specifically.
How To Choose the Right Austin Auto Accident Lawyer for Your Case
If you follow the steps listed above, you’re probably going to wind up with a list of potential auto accident lawyers rather than a single option. Now, you’ll need to choose which of those lawyers to rely on for help with your case.
Keep these things in mind when choosing your car accident attorney:
- Ask About Experience — look for a lawyer with experience dealing with your specific type of case.
- Ask About Costs — most personal injury lawyer charge on contingency, meaning they don’t get paid unless you do.
- Check for Good Communication — make sure the office establishes consistent, clear communication with you.
- Ask for Reviews and Results — ask for testimonials and reviews from former clients, and check their success rate.
- Consider the Size — large firms may have more resources while costing more, and small firms may provide more personal services with less support.
Get Reliable Representation From an Austin Auto Accident Lawyer at Ramos James Law
Auto accidents have the potential to not only cause severe physical and emotional harm but also mountains of expenses. If you’ve been injured in a car accident caused by someone else, you deserve the right to seek compensation for the suffering you’ve faced.
At Ramos James Law, PLLC, our clients are more than just a case number. We are dedicated to providing our clients with fierce legal representation, and we would be proud to help you defend your rights.
Have you been injured or lost a loved one in an Austin auto accident? Reach out to the compassionate personal injury lawyers at Ramos James Law, PLLC, to protect your rights.
Posted on Wednesday, July 5th, 2023 at 12:00 am
Being involved in an auto accident can come with both physical injuries and financial problems — especially if your damages leave you unable to work.
If you’ve lost wages from a car accident, you don’t just have to bite the bullet and soldier on. By filing an insurance claim — or lawsuit if necessary — you can recover lost wages and other damages to help you recover from your financial losses.
Learn more from the knowledgeable attorneys at Ramos James Law.
What Kind of Lost Income Can I Claim After a Car Accident
Lost income from a car accident typically covers any compensation you would’ve received had you been able to return to work following the incident. In some instances, this can also include vacation time you were unable to accrue and even lost promotions or raises.
Those who are self-employed can also claim missed meetings and deadlines along with lower paychecks.
If you’ve permanently lost earning potential, you can also have your Austin car accident attorney help you seek compensation for this loss. Be aware that this is highly variable as it depends on your current position at work and your own life circumstances to determine the amount you’re owed.
Please note that not all insurance companies in Texas cover lost wages. An experienced attorney can help you figure out the best course of action if you’re facing this situation.
How To Make an Insurance Claim Following a Car Accident
If the person who caused your accident has insurance, you will need to file a claim with their insurance company. However, if the person was uninsured or underinsured, you may have to file a claim with your own insurer.
In some instances, if the insurance company doesn’t offer a settlement that meets your needs, you may need to file a lawsuit. If you were injured and want to claim lost wages from a car accident, it’s best to speak with a lawyer first about seeking compensation.
What You’ll Need To Prove Lost Wages in Texas
You will need documentation to prove lost wages from a car accident. For the most part, the goal is to show you were injured, that another party is at fault, and that you’ve lost wages.
Here are a few documents you may need; your lawyer will know what other proof you may need to obtain:
- Medical records to show you can’t work
- Employment records
- Pay stubs
- Tax returns
- Letter from your employer
- Proof of lost business opportunities
Do You Want To Claim Lost Wages From a Car Accident? Get in Touch With Ramos James Law
Let the experienced attorneys at Ramos James Law, PLLC, help you get back lost wages from a car accident. Whether you want to make a strong insurance claim or you need to go to court, we’ll be by your side every step of the way.