Luis A. Perez, PC FindLaw IM Template 2026-10-13T16:03:12Z https://www.luisperezlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1502765/2022/05/cropped-Site-Graphic-New2-32x32.png by Luis A. Pérez, PC <![CDATA[Construction Site Injury Lawsuits: When a Third Party May Be Liable]]> https://www.luisperezlaw.com/?p=48496 2026-10-03T16:04:40Z 2026-10-13T16:03:12Z Being involved in an accident at a construction site can leave you dealing with physical pain, medical bills, missed work, and uncertainty about who should be held responsible for what happened. Indeed, workers’ compensation may provide benefits for a job-related injury. But it may not be the only legal option available. If an individual or a company, and not your employer, contributed to your accident, there may be other avenues of compensation. Construction projects often involve contractors, equipment companies, property owners, delivery drivers, and other businesses working alongside employees. If one of these third parties acts negligently and causes an injury, you may be eligible to pursue a separate claim from your workers’ compensation claim. Understanding how third-party liability works can help you recognize potential sources of compensation and protect your legal rights after a serious construction site injury.  What is a Third-Party Construction Injury Claim? This is a personal injury lawsuit against someone other than the injured worker’s employer. In a construction setting, that could be a contractor, property owner, equipment manufacturer, rental company, delivery driver, or another business whose conduct led to the injury. Unlike workers’ compensation, which is a no-fault system, a claim against someone other than your employer requires proof of negligence. You generally must show that the individual or business owed a duty which they breached and that their conduct caused legally compensable harm.  In Texas, a worker can pursue workers’ compensation and a personal injury lawsuit at the same time. This can allow you to seek available workers’ compensation benefits while also pursuing compensation from a responsible third party. However, it is crucial to understand how the two claims may interact and how pursuing one may affect the other. When Might a Contractor Be Liable? On a multi-company construction site, more than one contractor may be responsible for keeping workers and others safe. A general contractor may face liability even when its own employees did not directly cause the injury. If they controlled site safety, failed to enforce safety rules, or allowed dangerous conditions to continue, their negligence may contribute to an accident.  Subcontractors can also be sued when their work, actions, or equipment causes someone’s injuries. For example, a subcontractor could be responsible if unsafe work practices or improperly operated equipment leads to an accident.  Determining liability after an accident often requires examining who controlled the work area, what safety responsibilities each contractor had, and how the accident happened. Other Potentially Responsible Parties Not all construction site injuries are caused by a contractor. Depending on the circumstances, several other parties may need to be investigated. In Texas, property owners can potentially face premises-liability claims when unsafe conditions on their property cause injuries.  Equipment manufacturers or distributors may be to blame when a defective tool, machine, or safety device causes an injury.  Rental companies can also be sued when equipment they supplied was improperly maintained or otherwise led to the injury. Delivery drivers can be responsible when negligent driving causes a collision. In some situations, the driver’s employer can also be sued.  Staffing agencies may be another potentially liable party when negligent actions, such as inadequate training or screening, contribute to an injury. What Evidence Can Support a Claim? Evidence can disappear quickly after a construction accident. Equipment may be moved, damaged areas may be repaired, and witnesses may leave the project. Preserving information early is therefore important. Useful evidence may include;
  • Photographs of the accident scene, equipment, and visible hazards
  • Incident reports
  • Witness names and contact information
  • Safety inspection records
  • Equipment maintenance records
  • Safety plans
Contracts between the employer and other companies may also help show which party had responsibility for particular work or safety duties. Medical records are also important because they document the injuries and treatment associated with the accident.  Additionally, if OSHA investigated the incident or issued citations, those records may provide additional information about alleged safety violations. However, a citation does not by itself establish every element of an injury claim. The facts of the case and applicable law still have to be evaluated. What Should You Do After an Injury? After suffering an injury in a Texas construction accident, start by reporting the injury to your employer promptly and obtaining appropriate medical care. In Texas, an injured employee generally must report a work-related injury to the employer within 30 days.  If your injuries allow you and if it is safe, take photographs of the scene, your injuries, hazardous conditions, and any equipment that was involved. Preserve documents related to the accident, including medical records, accident reports, witness information, and communications with your employer. Also, write down what happened while your memory is fresh, including who was working nearby and what equipment or conditions were involved. You should also keep records of medical treatment, expenses, and time missed from work. If another company, contractor, or equipment manufacturer may have contributed to the accident, preserve any information that could help identify that party.  You should also consider speaking with an attorney. An attorney can review the accident, identify potentially responsible third parties, help you gather evidence, and explain your legal options. A skilled lawyer can help you pursue the maximum possible compensation. Time Limit for Filing a Third-Party Lawsuit Texas generally gives you two years to bring a personal injury lawsuit, including those that arise from construction accidents. However, certain exceptions can change how the deadline applies. Because missing a deadline can prevent a lawsuit, you should not wait to contact an attorney to investigate a possible third-party claim. Talk to a Texas Construction Injury Lawyer A serious construction accident can leave you facing significant damages and uncertainty about your legal options. If someone other than your employer may have contributed to your injuries, a claim against them could provide another potential source of compensation. Our skilled attorneys at The Law Office of Luis A. Perez, PC, can review the circumstances of your accident, identify potentially responsible parties, gather and preserve important evidence, and explain the claims that may be available to you. We can also help you understand how a third-party lawsuit may interact with workers’ compensation benefits. Do not wait too long to seek legal guidance, as strict deadlines apply to your claim. Contact us today to discuss your case.  ]]> lperez <![CDATA[Hit by a Vehicle While Walking? What Every Pedestrian Should Know About Their Rights]]> https://www.luisperezlaw.com/?p=48492 2026-08-30T17:13:17Z 2026-09-15T17:12:16Z Walking is a simple and everyday part of life, but a collision with a vehicle can turn an ordinary trip into a life-changing event. Without the protection of a vehicle, a pedestrian can suffer serious and even catastrophic injuries even in a relatively low-speed crash. After an accident, you may suddenly find yourself dealing with significant hospital bills, ongoing treatment, time away from work, and uncertainty about how you will recover. If you have been hit by a vehicle in Texas, understanding your rights can help you make informed decisions about what comes next. At The Law Office of Luis A. Perez, PC, we understand how overwhelming the aftermath of a pedestrian accident can be. We can help you understand your rights, assess your legal options, and take steps to protect your interests while you focus on your recovery. After a pedestrian accident, you should not have to navigate the legal process alone. Pedestrians Have the Right To Seek Compensation After an Accident When a motorist’s negligence leads to a pedestrian accident, the pedestrian may have the right to seek compensation for the harm caused. You can do this by filing an insurance claim or a lawsuit. A negligent driver may be responsible for damages such as medical expenses, lost wages, pain and suffering, permanent injuries, emotional distress, and reduced quality of life. After a pedestrian accident, these losses can quickly place significant financial pressure on you and your family. You may also face ongoing treatment, rehabilitation, or changes to your ability to work and enjoy everyday activities. An at-fault driver is responsible for compensating you for these damages, too. We believe you should not have to bear those costs alone when another person’s careless actions caused your injuries, and we are here to help you fight for your deserved compensation.  Texas Pedestrian Laws Protect Injured Walkers Texas law provides important protections for pedestrians. Pedestrians generally have the right-of-way in certain situations, including when crossing at marked crosswalks or following pedestrian signals. Drivers are required to use reasonable care and take steps to avoid hitting pedestrians. Drivers can be held responsible when they fail to follow these responsibilities. Common examples include speeding, distracted driving, failing to yield, or driving while impaired. Even when a pedestrian is outside a marked crosswalk, drivers still have a duty to operate their vehicles safely and watch for people sharing the road. Understanding right-of-way rules is important because insurance companies may attempt to argue that a pedestrian contributed to the accident. Knowing your rights can help you protect yourself when dealing with these arguments. What Causes Most Pedestrian Accidents in Texas? Pedestrian accidents can happen for many reasons, but many are caused by preventable driver behaviors. Some of the most common causes include;
  • Distracted driving
  • Speeding
  • Failure to yield
  • Impaired driving
Poor decisions behind the wheel can change a pedestrian’s life in seconds. When a driver’s carelessness causes harm, injured pedestrians should know that legal options may be available. What Should You Do After Being Hit by a Vehicle? After a pedestrian accident, it is normal to feel overwhelmed or unsure about what steps to take. However, the actions you take after the crash can affect both your recovery and your potential legal claim. First, seek medical attention as soon as possible. Some injuries may not be immediately obvious, including certain head injuries or internal injuries. Prompt medical attention can help confirm if you are injured and the severity of your injuries. Getting medical care also creates documentation connecting your injuries to the accident. You should also report the accident to the police and request a copy of the police report. If you are physically able, collect evidence from the scene, including photos of the road, vehicle damage, your injuries, and any conditions that may have contributed to the crash. Witness statements can also be valuable when determining what happened. After a pedestrian accident, avoid making statements that could be interpreted as an admission of fault. Even a simple comment made at the scene or to an insurance adjuster may later be used against you. And before accepting a settlement offer or giving a detailed statement, consider speaking with an experienced personal injury attorney. Can a Pedestrian Still Recover Compensation if They Were Partly at Fault? Many injured pedestrians worry that they cannot recover compensation if they made a mistake before the accident. However, Texas follows a modified comparative fault system. Under this law, you may still recover damages if you are found partially responsible, as long as your percentage of fault is less than 51%. But in such a case, the amount recovered will be diminished based on your percentage of fault. For instance, an adjuster may argue that you were distracted, crossed improperly, or did not follow traffic rules. That does not automatically eliminate the possibility of compensation. The facts of the accident must be carefully reviewed to determine how responsibility should be divided. Having evidence such as the police report, witness statements, surveillance or traffic camera footage, and photos of the scene can help strengthen your claim. If an insurer challenges your account or argues that you share responsibility, an experienced personal injury attorney can review the evidence, explain how comparative fault may affect your case, and help you pursue a fair outcome.  After a pedestrian accident, protecting your rights starts with understanding them. Also, acting promptly, preserving evidence, and seeking experienced legal guidance can help you recover the compensation you deserve and move forward with greater confidence. Let Us Help You After a Texas Pedestrian Accident A pedestrian accident can leave you facing challenges you never expected. You may be dealing with painful injuries, financial pressure, and questions about who should be held responsible. However, Texas law allows injured pedestrians to seek justice when another person’s negligence causes harm. If you have been hit by a vehicle, you don’t have to handle the process alone. At The Law Office of Luis A. Perez, PC, we are committed to helping injured pedestrians understand their rights and pursue the compensation they need. Contact us today to discuss your accident, learn about your rights and legal options, and take the next step toward protecting your future. We are here to provide the guidance and support you need during this difficult time  ]]> by Luis A. Pérez, PC <![CDATA[How Black Box Truck Data Can Strengthen Your Truck Accident Injury Claim]]> https://www.luisperezlaw.com/?p=48490 2026-08-15T16:41:30Z 2026-08-15T16:41:30Z Getting hurt in a truck accident can turn your life upside down. Suddenly, you may be left dealing with substantial medical bills, pain, and a lot of confusion about what really happened. Was the truck driver speeding? Did they fall asleep at the wheel? Did the truck have a mechanical problem that should have been fixed? And what happens if the trucking company or their insurance tells a very different story? That is where black box data comes in. Most commercial trucks have electronic systems that record valuable information before and during a crash. This data can help piece together what happened and push back against any attempts to shift the blame your way. At The Law Office of Luis A. Perez, PC, we know how crucial it is to act quickly after a truck accident. Gathering and preserving the right evidence at the right time can make all the difference in your case. What is a Black Box in a Truck? Black boxes record information about the truck’s operation. These devices are commonly referred to as event data recorders (EDRs). Generally, black box data can show things like speed, braking, throttle position, steering inputs, engine performance, and diagnostic codes. Some systems even track the truck’s location as it moves. How Black Box Data Can Help Us Prove What Happened Truck accident cases often become a dispute over competing versions of events. The truck driver might insist they did everything right. The company could try blaming you. Sometimes the insurance company even questions how badly you are hurt. So, how do we determine what really happened? Black box data provides objective information. For example, speed and braking information may help show whether a driver had enough time to react or whether the truck was traveling too fast for the conditions. Accident reconstruction experts can use this data to piece together the timeline leading up to the crash. When this electronic data is compared with photos, damage reports, witness statements, and other evidence, it’s easier to spot any inconsistencies or outright lies in the opposing side’s version of events. Black Box Data May Reveal Speeding or Delayed Braking Speed is a major issue in truck accidents. Because commercial trucks are significantly larger and heavier than passenger vehicles, the driver’s speed and reaction time can have a major impact on the severity of a collision. If the black box shows that the driver was traveling at excessive speed before the accident, that may support a claim that the driver was not operating the truck safely. Braking data is equally useful. Suppose a driver says, “I slammed on the brakes as soon as I saw the traffic stop.” If the data shows they barely tapped the brakes until just before the collision, it could raise questions about whether the driver was paying attention or had enough time to react. Indeed, this information does not always seal the case for negligence, but it is a critical piece of the overall evidence. Black Box Evidence Can Point To Mechanical Problems Not every truck accident happens because a driver made a mistake behind the wheel. Sometimes, a crash happens because of a mechanical problem that was ignored or poorly fixed. Truck black boxes can log warning codes, engine problems, or other signs that there was an issue before the crash. We usually compare that information with maintenance and inspection records to determine whether the issue was known and whether reasonable repairs were made. For example, if a truck experienced recurring brake-related problems and records show those issues were not properly addressed, we may need to investigate whether the trucking company, owner, or maintenance provider bears some responsibility. Who Could Be Responsible After a Truck Accident? With commercial trucks, responsibility can fall on a handful of different parties. Depending on the specifics, liability could involve the trucker, trucking company, truck owner, maintenance provider, cargo loader, or another party. Black box data can help us sort liability out, but we don’t rely on it alone. We may review police reports, photographs, driver qualification records, maintenance logs, cargo information, GPS data, cell phone records, accident reconstruction evidence, and, if available, video footage.  Our truck accident lawyers look at every angle to figure out who is responsible and what insurance policies might apply to your case. We work to ensure you receive all the compensation you deserve. Why Timing is Crucial With Black Box Data One of the major challenges with electronic evidence is that it does not stick around forever. The system can overwrite old data, or it can get lost during repairs or after a vehicle is put back in service. That is why every minute counts. When you call us, we act fast. We send out official letters asking the trucking company to save critical data. And if we encounter resistance, there are legal steps we can take to get those records. The sooner we start, the better our odds of preserving critical evidence before it disappears. What to Do After a Truck Accident in Texas After being involved in a truck accident in Texas, your health comes first. Get medical attention, follow all your care instructions, and keep records of your treatment and expenses. If you are able, take photos at the scene, get witness information, and any other information you can from the accident scene. Try not to talk about who is to blame with the trucking company representatives or insurance adjusters, and be careful about giving any recorded statements before you understand your rights. If you have been injured in a truck accident, do not wait to seek legal help. Acting quickly can help preserve black box data, identify responsible parties, and protect your right to pursue fair compensation. Let Us Help You Protect Your Truck Accident Claim A serious truck accident can upend your life in seconds. While you are dealing with injuries, medical treatment, lost wages, and uncertainty about the future, important evidence may be disappearing. That is why it is vital to act quickly. Our motor vehicle accident attorney at the Law Office of Luis A. Perez PC. can investigate your Texas truck accident, work to preserve critical black box and electronic data, identify potentially responsible parties, and handle insurance companies on your behalf. Proving what happened often requires more than a police report or witness statement. If you have been injured in a truck accident, contact us today. We are here to help you pursue the compensation you deserve.  ]]> by Luis A. Pérez, PC <![CDATA[Head-On Collisions Often Mean Serious Injuries: Here is How to Handle Your Case]]> https://www.luisperezlaw.com/?p=48489 2026-08-15T16:39:31Z 2026-07-15T16:38:51Z A head-on collision is one of the most devastating types of car accidents a driver can experience. When two vehicles collide while traveling toward each other, the force of the impact is often immense, leaving victims with catastrophic injuries, mounting medical bills, lost income, and a long road to recovery. If you have been involved in one of these crashes, you may be wondering how you will pay your expenses, when you will be able to return to work, or whether the insurance company will offer the compensation you truly deserve.  At The Law Office of Luis A. Perez, P.C., we understand how overwhelming this experience can be. We have helped countless Texans navigate the aftermath of serious motor vehicle accidents, and we know the challenges that follow a head-on collision. Below, we explain why these crashes are so dangerous, what steps you should take immediately afterward, and how experienced legal representation can help protect your rights and financial future. Why Head-On Collisions are So Dangerous When two cars collide head-on, the impact force is multiplied, often causing catastrophic damage. Even if neither car is going that fast, the collision can still generate enough force to cause severe injuries and extensive vehicle damage. According to the National Highway Traffic Safety Administration (NHTSA), head-on collisions account for a disproportionate number of fatal traffic accidents each year despite representing a relatively small percentage of all collisions. Common Causes of Head-On Collisions Some of the main causes of these accidents include: Distracted Driving Looking away from the road for even a few seconds can have devastating consequences. Drivers who text, use GPS devices, eat, or become distracted by passengers may unintentionally drift into oncoming traffic. Drunk or Drug-Impaired Driving Alcohol and drugs cloud judgment and slow reflexes. An impaired driver is much more likely to head the wrong way, swerve off course, or make a split-second mistake that turns deadly. Fatigued Driving Driving tired is dangerous. It can be likened to driving while drunk. If a driver falls asleep behind the wheel or even just zones out for a moment, they might cross that center line without realizing it. Unsafe Passing Trying to pass when you cannot really see what is coming the other way is another common cause of head-on collisions. If you misjudge the distance or the other car’s speed, there may be no time to react. Poor Road Conditions Dangerous road design, missing signage, inadequate lighting, or poorly maintained pavement can all contribute to a head-on collision. In these cases, liability may extend beyond the drivers themselves. Common Injuries in Head-On Collisions The force involved in these crashes means that people are often left with injuries that turn their whole lives upside down. Some of the most common injuries we see include:
  • Traumatic brain injuries (TBI)
  • Spinal cord damage
  • Neck and back injuries
  • Whiplash
  • Broken bones
  • Internal bleeding
  • Damaged organs
  • Burns or deep cuts
It’s also worth noting that some injuries are not obvious right away. A concussion or internal bleeding, for example, might not be clear until hours or days later. That is why you should always get checked out ASAP, even if you feel okay after the crash. What to Do Immediately After a Head-On Collision Here are some crucial steps to take after a head-on collision; Prioritize Medical Care Call 911 right away and let the paramedics evaluate you at the scene. Even if you think you are fine, follow up with your doctor or head to an ER. Those first medical records are key evidence if you end up needing to show that your injuries resulted from the crash. Report the Accident In Texas, you are supposed to report accidents that cause injury, death, or serious property damage. The officer on scene will gather details and write an official accident report. That document will prove valuable down the line. Document What You Can If your injuries allow and it is safe to do so, collect as much information as you can before you leave the scene. Take pictures of your car, the other car, the road, traffic signs, skid marks, and your injuries. Also, talk to witnesses and take their contact information. Determining Who’s at Fault Even if it seems obvious who is to blame, proving liability requires solid proof. Evidence commonly used includes:
  • Police and accident reports
  • Statements from witnesses
  • Vehicle damage assessments
  • Accident reconstruction reports
  • Video footage
  • Cell phone records
  • Toxicology results (if drinking or drugs are involved)
The comparative negligence law allows more than one party to share responsibility for an accident. Tracking down every responsible person or company can make a big difference in your case. Don’t Count on the Insurance Company to Look Out for You Many people assume insurance companies are fair. In reality, adjusters always look for ways to pay out as little as possible. They might ask for recorded statements, try to convince you your injuries aren’t that serious, or offer a fast settlement before you understand how much the accident has cost you. Sometimes people jump at an early offer because bills are stacking up, but taking an offer too fast could keep you from getting fair compensation if your injuries turn out to be worse than you thought. Always talk to an experienced injury attorney before accepting a settlement offer. Compensation May Include More Than Medical Bills Many people don’t realize how much their claim is really worth. Depending on your situation, you can get compensated for:
  • ER and hospital care
  • Surgery
  • Rehab and ongoing therapy
  • Doctor visits in the months and years ahead
  • Lost income and reduced earning capacity
  • Damage to your car or valuables
  • Your pain, both physical and emotional
  • Permanent disability or disfigurement
Every case is different, which is why calculating damages requires careful evaluation of both current and future losses. Let Us Help You Move Forward Head-on collisions can turn your life upside down in seconds. But you do not have to handle things on your own. If you are dealing with the aftermath of another party’s negligence, allow us to help you. At The Law Office of Luis A. Perez, P.C., our motor vehicle accident attorney helps accident victims in Texas navigate every stage of the claims process from investigating the accident to talking to insurance companies to standing up for you in court, if that is what it takes. If you were hurt in a head-on collision, contact us today for a consultation. We will listen, review your situation, explain your options, and stand beside you as you work toward recovery and peace of mind.  ]]> by Luis A. Pérez, PC <![CDATA[Injured in an Uber or Lyft? Who Pays, and How to Protect Your Claim]]> https://www.luisperezlaw.com/?p=48488 2026-05-30T16:33:44Z 2026-06-10T16:31:27Z Taking an Uber or Lyft is supposed to make life simpler. You open the app, request a ride, and expect a safe trip, and usually that is it. But when a rideshare accident happens, everything can get complicated quickly. Suddenly, you may be dealing with injuries, medical bills, lost wages, and several insurance companies, all playing the blame game. If you have just been in a rideshare crash, your first question is probably: “Who actually covers my injuries?” Honestly, rideshare accident claims are usually far more complicated compared to regular car accidents. These accidents often involve layered insurance policies, disputes over driver status at the time of the accident, and multiple parties who might be responsible. At The Law Office of Luis A. Perez, PC, we understand how stressful these situations can be. Understanding how rideshare insurance works and the steps that can protect your claim can make a major difference in your recovery, and that is what we are here for. Why Uber and Lyft Accidents are More Complex In a typical car accident, things are usually straightforward. The at-fault driver’s insurance company pays for damages. Rideshare accidents aren’t so simple. With Uber and Lyft accidents, who pays depends on several factors, including:
  • Whether the driver was logged into the app
  • Whether a ride had been accepted
  • If a passenger was in the car
  • Who actually caused the accident
  • If more than one vehicle was involved
The driver’s app status is often the biggest issue. Insurance coverage changes depending on what the driver was doing. That is why getting the facts straight early is vital. How Uber and Lyft Insurance Works A lot of people think Uber or Lyft automatically provides $1 million in coverage anytime their drivers are involved in a crash. That’s not always true. Coverage depends on what stage the ride was in when the accident happened. Scenario 1: Driver is Logged in, Waiting for a Ride If the driver’s online but hasn’t accepted a ride yet, coverage is limited. Here’s what usually happens:
  • The driver’s own insurance kicks in first
  • Uber or Lyft might provide some extra, but limited, coverage
Scenario 2: Driver Accepted a Ride Request Once the driver accepts a ride and is on the way to pick someone up, coverage increases significantly. In this situation, Uber and Lyft usually provide
  • Up to $1 million in liability coverage
  • Uninsured/underinsured motorist protection
  • Commercial insurance
Scenario 3: Passenger is in the Vehicle When the passenger is in the car, Uber and Lyft’s maximum coverage is usually in effect. This includes:
  • Up to $1 million in liability coverage
  • Uninsured/underinsured motorist protection
  • Contingent collision coverage, depending on the situation
Even with these larger policies, insurers may still dispute fault, delay payments, or try to minimize payouts. What if Another Driver Caused the Crash? Sometimes, the accident is not the Uber or Lyft driver’s fault. Another negligent person might be entirely responsible. In those cases, the other negligent person’s insurance is typically the first source of compensation. However, rideshare coverage may still remain relevant, depending on the situation. Passengers often have strong injury claims because they are rarely considered responsible for causing the collision. Why Evidence is Crucial in Rideshare Cases Rideshare claims depend heavily on digital evidence, and some of it can disappear quickly. Important evidence in these cases includes:
  • Trip records 
  • App-status logs 
  • Witness statements
  • GPS data
  • Dashcam footage
  • Driver activity history
  • Police reports
Not having enough evidence can make it tough to prove which insurance policy should pay. That’s one reason why you shouldn’t wait to investigate a rideshare crash. Common Mistakes After a Rideshare Accident After being involved in an Uber or Lyft accident, people often make decisions that unknowingly hurt their claims. Some common mistakes to avoid include;
  • Delaying medical care
  • Not reporting the crash in the Uber or Lyft app
  • Giving recorded statements too soon
  • Assuming Uber or Lyft will just pay without a fight
  • Forgetting to save screenshots or trip info
  • Waiting too long before talking to a lawyer
Even a seemingly minor mistake can lead to serious complications later on. What Compensation Can You Recover? If you are hurting after an Uber or Lyft accident, you could be entitled to compensation for losses like:
  • Medical bills
  • Lost income
  • Reduced future earnings
  • Pain and suffering
  • Emotional stress
  • Rehab costs
Every case is different, and the recoverable damages depend on the case’s specifics.  Can Uber or Lyft Deny Your Claim? Yes, rideshare insurers sometimes say no right away, especially if there is a dispute about who caused the accident or what the driver was doing at the time of the crash. Insurance companies might try to:
  • Blame someone else
  • Argue that the driver was offline
  • Downplay your injuries
  • Push you to settle quickly
  • Stall the investigation
Having an experienced lawyer can make a huge difference in rideshare injury claims. What Should You Do Right After a Rideshare Accident? What you do after an Uber or Lyft crash can impact your ability to recover compensation later. If possible;
  • Get medical care right away
  • Report the accident through the app
  • Take screenshots of your trip details
  • Collect photos and witness information
  • Do not give detailed statements to insurers
  • Keep track of your treatments and expenses
  • Talk to an attorney before agreeing to any settlement
These simple steps can help protect your case. The Importance of Legal Help Uber and Lyft accident claims are not ordinary car accident cases. These claims often involve overlapping insurance policies, complicated coverage questions, and aggressive insurance tactics. An experienced attorney can work to identify every available source of compensation, preserve critical evidence, and protect you from tactics designed to reduce your compensation. Whether your case involves disputed liability, serious injuries, or multiple insurers, having the right legal strategy early can significantly strengthen your claim. Let Us Help You Protect Your Claim Getting injured in an Uber or Lyft accident can leave you dealing with pain, stress, and a lot of questions. Between multiple insurance companies, confusing coverage rules, and mounting medical bills, it is easy to feel overwhelmed. But you don’t have to do this alone. At The Law Office of Luis A. Perez, PC, our motor vehicle accident attorney helps injured clients understand their rights, investigate rideshare accidents, and fight for the compensation they deserve. We know the tricks insurance companies use and what it takes to build a strong case. If you have been hurt in an Uber or Lyft crash, contact us today. Let’s talk about your situation and help you move forward with confidence.  ]]> by Luis A. Pérez, PC <![CDATA[DWI Crashes are Different: Why You Need a Lawyer Who Knows the Law]]> https://www.luisperezlaw.com/?p=48485 2026-05-04T00:45:42Z 2026-05-08T10:43:38Z A crash can turn your world upside down in seconds, but when a drunk driver is involved, things get a lot more complicated. Most people think it is just a matter of reporting the accident, talking to the insurance company, working out a settlement, and that is it. But honestly, accidents involving intoxicated drivers almost never go that smoothly. They bring a whole new set of legal hurdles, trickier questions about who is really responsible, and insurance companies that tend to employ more aggressive defense tactics. The truth is that what you do immediately after an accident can affect the outcome of your case. Evidence can disappear quickly, and critical details may be overlooked if not properly documented. That’s why one of the most important decisions you can make is choosing a legal team that truly understands how drunk-driving crash cases work. Having experienced guidance early on can significantly strengthen your claim and protect your right to full compensation. What Makes DWI Crashes Different Legally, DWI accidents usually mean there is both a criminal and a civil side to the situation. The drunk driver is often facing criminal charges, which might seem like it would help your civil claim. But the criminal case focuses on punishment, not compensation. Civil claims are about recovering what you are owed, and navigating both processes requires a clear strategy. Also, evidence in these cases, such as breathalyzer tests, sobriety tests, and police reports, often plays a much bigger role. Knowing how to gather and use that evidence can make all the difference. The Role of Negligence in a DWI Case Normally, you have to show that the other driver acted negligently and caused your injury. In drunk driving cases, that part is usually pretty obvious since driving drunk is inherently dangerous.  But some DWI crashes go beyond ordinary negligence. In many states, including Texas, the driver’s behavior amounts to gross negligence or outright recklessness. That can open the door to extra damages. Punitive Damages One unique twist with DWI claims is the possibility of punitive damages. These go beyond simply covering your losses. These damages are meant to punish the driver and send a message. In Texas, courts award punitive damages when a driver’s actions are especially reckless, such as driving while intoxicated. If you are awarded these damages, it can significantly increase your total compensation. But it does not happen automatically. You need strong evidence and a convincing case. Experience really matters here. How well your attorney puts together the argument can shape the outcome of your case. Liability Does Not Always Fall Only on the Driver Sometimes, the drunk driver is not the only one at fault. Maybe a bar or restaurant kept serving alcohol to someone who was clearly over the limit. These “dram shop” laws allow you to pursue claims against these establishments. Texas law also states that social hosts may be liable for serving alcohol to minors under 18. Uncovering additional liable parties can improve your chances of recovering full compensation. We always review every detail to determine whether someone else played a part. How Insurance Companies Handle Drunk Driving Claims Insurance companies treat DWI claims differently. Even when liability is obvious, they will often push harder to minimize payouts, especially when significant damages or punitive damages are involved. The insurance company might reach out with a settlement offer early on. In such a stressful time, it can be tempting to accept, but these offers are often far less than what your claim is truly worth. Accepting an early offer might result in you leaving money on the table. Sadly, we see this happen all the time.  Without a full understanding of the extent of your injuries and losses, it is hard to know what is fair. Before you sign anything, talk to a lawyer. Evidence: The Foundation of Your Case In DWI cases, evidence is critical. But it is not just about proving the driver was intoxicated. It is about connecting that intoxication directly to the crash and your injuries. Key evidence in these cases may include:
  • Police reports and arrest records
  • Blood or breath alcohol tests
  • Dashcam or surveillance video
  • Witness accounts
  • Medical documentation and expert opinions
Timing is key because some evidence, such as surveillance footage, can disappear quickly. Acting fast can help preserve the facts you need to prove your case. At The Law Office of Luis A. Perez, PC, we handle the investigation so you can focus on healing, confident that every angle is covered. Comparative Fault: What if You are Partly Responsible? In Texas, comparative negligence laws could affect what you recover. If you are found partially responsible, your compensation might be reduced. However, this is not common in drunk driving cases. The driver’s clear violation tends to make things simpler. But insurers might argue you were speeding or did not react fast enough to reduce their payout. It is important to know how these rules apply. A skilled attorney can offer clarification. The Importance of Experience A drunk driving injury claim is not just “another accident case.”  It requires in-depth knowledge of personal injury law and how impaired driving impacts the overall legal strategy. We approach these cases with a strategy that accounts for
  • The overlapping criminal case
  • Enhanced damages (including punitive)
  • Complex liability issues
  • Aggressive insurance company tactics
This is not something you want to handle alone. The right team can make sure nothing is missed. What to Do After a DWI Crash If a drunk driver hits you, taking quick, smart steps can help protect your claim. Here are some vital steps to take:
  • Get medical help immediately, even for minor injuries
  • Document everything: photos, witness information, e.t.c.
  • Do not talk to insurance adjusters before talking to a lawyer
  • Save any evidence you have
  • Consult an experienced attorney ASAP
These simple steps can make a big difference. Let’s Talk About Your Case A crash involving a drunk driver brings more than physical pain. These cases are stressful, costly, and can leave you questioning what comes next. Luckily, you do not have to go through it alone. Our motor vehicle accident attorney is here to walk you through every step, from investigations to negotiating with insurers to taking your case to court if needed. Our aim is simple: to get you the compensation you deserve and hold the responsible party accountable. If you have been injured by a drunk driver (or know someone who has), do not hesitate to reach out. Contact us today to discuss your situation, your options, and how we can help you move forward with confidence.]]> by Luis A. Pérez, PC <![CDATA[Injured on Someone Else’s Property? What You Need to Prove in a Premises Liability Case]]> https://www.luisperezlaw.com/?p=48483 2026-05-07T12:40:30Z 2026-04-11T00:43:22Z If you have been hurt on someone else’s property, you probably have many questions. Who is at fault? Can you recover compensation? What do you actually need to prove? We understand how overwhelming this situation can feel, especially when you are dealing with pain, medical bills, and time away from work. Premises liability cases are not always as straightforward as they seem. Being injured on someone else’s property does not automatically mean the owner is legally responsible. There are specific legal elements that must be established to build a strong claim.  At The Law Office of Luis A. Perez, PC, we work with injured individuals to help them understand their rights and take the next steps. We are here to guide you through the complex legal process, explain what you need to know, and help you pursue the compensation you may be entitled to.  What is a Premises Liability Case? A premises liability case arises when someone gets hurt because of unsafe conditions on another person’s property. Some common examples of incidents that can give rise to a premises liability claim include:
  • Slip and fall incidents
  • Negligent security
  • Animal attacks
  • Swimming pool accidents
  • Toxic exposure
  • Elevator or escalator malfunctions
These accidents can cause serious and sometimes catastrophic injuries, such as traumatic brain injuries and spinal cord injuries. The Four Key Elements You Must Prove To effectively pursue a premises liability claim, we need to establish four crucial elements. Let’s look at these elements.
  • The Property Owner Owed You a Duty of Care
First off, we need to demonstrate that the property owner had a legal obligation to keep the property reasonably safe. This duty may vary based on why you were on the property. For instance, invitees (customers, clients) are owed the highest duty of care.
  • The Property Owner Was Negligent (Breach of Duty)
Next, we need to demonstrate that the above duty was not fulfilled. This typically involves showing that:
  • A hazardous condition was present, and
  • The owner knew (or should have known) about it, and
  • They failed to correct it or inform you about it.
This aspect of a claim is often the most disputed. Insurance companies may argue that the hazard was not present long enough or that the owner had no way of knowing about it.
  • The Negligence Caused Your Injury (Causation)
It’s not enough to just show that a dangerous or unsafe condition existed. You must also prove that it directly resulted in your injury. We need to establish a clear connection between:
  • The unsafe condition, and
  • The accident, and
  • Your injuries.
For example, if you slipped on a wet floor and broke your leg, medical records and incident reports can help establish that link. Without this connection, your claim can fall apart quickly.
  • You Suffered Damages
Lastly, we must prove that you incurred actual damages due to the injury. These may include:
  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress
The more comprehensive your documentation is, the stronger your case will be. This is why we always stress the importance of keeping records from the beginning. What Evidence Can Strengthen Your Case? If you are wondering about how to prove all of this, the key is evidence. Attorneys usually prove these cases using;
  • Photos or videos of the hazard or unsafe condition
  • Incident reports
  • Witness statements
  • Medical records
  • Surveillance footage
  • Maintenance logs
Did you take photos at the scene? Did anyone witness what happened? These details that seem minor (but aren’t) can significantly affect the outcome of your case. Common Defenses Property Owners Use It is vital to understand that property owners and their insurance companies rarely accept responsibility easily. They often present defenses to reduce or deny liability. Some common arguments include:
  • You were partially at fault (e.g., distracted walking)
  • The hazard was obvious
  • The property was built to code
  • You were not supposed to be on the property
In Texas, comparative negligence rules may apply in premises liability cases. This means your compensation could be reduced if you are found partially responsible. That is why building a strong case early is crucial. Steps to Take After an Accident After an accident on someone else’s property, your actions can affect your ability to recover compensation. First, seek medical attention right away, even if your injuries seem minor. Some conditions take time to appear, and waiting to see a doctor can affect not only your health but your claim, too. Next, report the incident to the property owner or manager and request a written report. If possible, take photos or videos of the hazard and your injuries before anything is fixed or removed.  We also recommend collecting contact information from any witnesses and keeping all receipts, medical bills, and records related to your injury. Additionally, avoid giving recorded statements to insurance companies before speaking with an attorney, as your statements can be used against you later.  Taking these steps early helps preserve evidence and strengthens your claim from the start. .The Importance of Acting Quickly Timing is crucial in premises liability cases. Evidence can disappear quickly, and witnesses’ memories can fade over time. Acting quickly allows us to investigate the scene, gather evidence, and build a strong case while the details are still fresh. Additionally, Texas law has a strict statute of limitations for filing personal injury claims. Missing this deadline can prevent you from recovering compensation altogether. The sooner you take action, the better your chances of protecting your rights and maximizing your claim. Let’s Discuss Your Next Steps Premises liability can be complicated, and proving liability requires more than simply showing that you were hurt. It takes a clear understanding of the law, strong evidence, and a strategic approach. At The Law Office of Luis A. Perez, PC, we are committed to helping you navigate this process with confidence. We take the time to understand your situation, answer your questions, and guide you every step of the way. From investigating the incident to handling insurance companies, we work to protect your rights and pursue the compensation you deserve. You do not have to deal with this alone. Contact us today to discuss your situation and explore your legal options.  ]]> by Luis A. Pérez, PC <![CDATA[Victim of a Drunk Driver? How to Pursue Maximum Compensation]]> https://www.luisperezlaw.com/?p=48480 2026-05-07T12:40:40Z 2026-03-26T18:23:20Z Drunk driving accidents in Texas are a serious problem. According to the Texas Department of Transportation (TxDOT), in 2024, over 1,050 people died in crashes involving alcohol, and many more suffered severe injuries. These accidents are devastating, not just physically but emotionally and financially. If you or a loved one has been injured by a drunk driver, you may be facing mounting medical bills, lost wages, and emotional stress. The reality is that insurance companies are not looking out for your best interests. These companies prioritize their profits over ensuring claimants receive the compensation they deserve. However, with the right strategy, you can seek the maximum compensation. At The Law Office of Luis A. Perez, PC, we help Texans navigate this process, handle insurance tactics, and recover what they are legally owed.  Understanding Drunk Driving Accidents in Texas Drunk driving accidents can happen in an instant. Alcohol affects judgment, slows down reaction times, and increases the likelihood of collisions. In Texas, approximately 25.4% of the people killed in motor vehicle accidents are killed by drunk drivers. When a drunk driving accident doesn’t result in death, it is highly likely to lead to serious injuries. Some of the common drunk driving accident injuries include:
  • Traumatic brain injuries
  • Spinal cord injuries
  • Fractures
  • Internal injuries
Insurance Companies Don’t Have Your Best Interests in Mind Insurance adjusters are trained to protect their insurance company’s bottom line. The adjuster might try to pressure you into accepting a quick settlement, which may not reflect the actual value of your claim.  Often, insurance companies reach out to accident victims soon after the accident, before they have had a chance to understand the full extent of their injuries. While a quick offer might sound tempting, it rarely covers, among others, the following;
  • Future medical expenses
  • Lost earning capacity
  • Pain and suffering
At Luis A. Perez, PC, we often see victims accept lowball offers because they are unaware of what they can claim. Don’t let an insurance adjuster convince you that your case is worth less than it truly is. Steps To Take To Maximize Your Compensation After a drunk driving accident, taking the right steps immediately can make a massive difference in the outcome of your claim. 
  • Seek Prompt Medical Attention
Even if you feel alright, it is essential to get checked out. Some injuries, such as internal bleeding or concussions, might not present symptoms immediately. Medical documentation will also act as vital proof for your claim.
  • Keep Detailed Records
Gather and maintain information about the accident and your injuries. This includes;
  • The police report (which most likely confirms that the other driver was intoxicated)
  • Photographs of injuries and the accident scene
  • Receipts and bills for medical care
  • Your doctor’s notes
  • Other medical records, such as test results
  • Records of lost wages from missing work
Having a detailed record ensures you can prove negligence, demonstrate a link between your injuries and the accident, and substantiate your damages, thus increasing your chances of a fair settlement.
  • Limit Communication With the Insurance Company
Insurance adjusters may attempt to convince you to give a recorded statement or accept partial blame. Always seek legal advice before engaging an adjuster. Keep in mind, anything you say could be used against you.
  • Calculate the True Value of Your Claim
Many victims are unaware of the full value of a drunk driving claim. Apart from immediate medical expenses, you may be entitled to compensation for:
  • Future medical treatments and rehabilitation
  • Ongoing therapy or specialized care
  • Loss of income or diminished earning capacity
  • Emotional distress and trauma
Work With an Experienced Attorney One of the most critical steps after a drunk driving accident is hiring an attorney. Insurance companies will have teams of adjusters and lawyers, and you need skilled representation to level the playing field. Having an attorney ensures that you are not alone in dealing with insurance tactics and that your rights are protected throughout the claims process. Mistakes to Avoid Even minor errors can significantly affect your compensation. Here are some common mistakes to avoid:
  • Accepting the First Settlement Offer: Insurance companies often present quick offers that are far below what you are entitled to. The first offer rarely accounts for all your damages.
  • Downplaying Your Injuries: Saying things like “I’m okay” or “It’s not serious” can lead to reduced settlement offers.
  • Providing Excessive Medical History: You are not obligated to provide your entire medical history. Only share relevant information about injuries caused by the accident.
  • Admitting Fault or Speculating About the Accident: Never admit liability or guess what happened. Even innocent statements can be twisted against you.
By avoiding these mistakes, you protect your right to pursue maximum compensation. How Texas Law Can Affect Your Claim Texas follows comparative negligence rules, meaning if you are partially at fault for your accident, your compensation can be reduced proportionally. However, in most drunk driving accidents, the intoxicated driver is clearly at fault, which strengthens your claim. Additionally, Texas law allows for punitive damages in cases of extreme recklessness. Punitive damages are meant to punish the drunk driver and deter similar behavior, on top of compensatory damages for your injuries, medical costs, lost income, and emotional distress. An award of punitive damages can significantly increase the value of your claim. Ready to Pursue Maximum Compensation? At The Law Office of Luis A. Perez, PC, we know the challenges victims of drunk driving accidents face, and we are dedicated to helping Texans recover the full compensation they deserve. You don’t have to navigate the insurance process alone. We can:
  • Investigate your accident thoroughly
  • Handle negotiations with insurance companies
  • Ensure all damages, including future medical expenses and lost wages, are accounted for
  • Represent you in court if a fair settlement cannot be reached
If you or a loved one has been injured in a drunk driving accident in Texas, contact us today to schedule a consultation. Let our motor vehicle accident attorney fight for your rights while you focus on healing. Together, we can pursue justice and ensure you receive the compensation you are legally entitled to.]]> by Luis A. Pérez, PC <![CDATA[Muerte Injusta en Texas: Cómo la Familia Puede Buscar Justicia Más Allá del Duelo]]> https://www.luisperezlaw.com/?p=48479 2026-02-11T12:37:44Z 2026-02-24T16:36:36Z Perder a un ser querido de forma inesperada es una de las experiencias más dolorosas que una familia puede atravesar. Cuando esa pérdida ocurre por negligencia, imprudencia o un acto ilícito, el dolor emocional se mezcla con preguntas difíciles, incertidumbre financiera y una profunda sensación de injusticia. En esos momentos, hablar de leyes o demandas puede parecer abrumador o incluso inapropiado. Sin embargo, en Texas, la ley reconoce que buscar justicia también es una forma de honrar la vida que se perdió. Una demanda por muerte injusta en Dallas no puede borrar el dolor ni reemplazar a quien ya no está, pero sí puede proporcionar estabilidad económica, responsabilidad legal y un sentido de cierre para las familias que quedaron atrás. Este artículo está escrito para usted: madres, padres, cónyuges e hijos que atraviesan el duelo y necesitan respuestas claras, humanas y confiables.

¿Qué se Considera Legalmente una “Muerte Injusta” en Texas?

En términos legales, una muerte injusta ocurre cuando una persona fallece debido a la conducta negligente, imprudente o intencional de otra persona o entidad. Esto puede incluir una amplia variedad de situaciones, como:
  • Accidentes automovilísticos o de camión
  • Negligencia médica
  • Accidentes laborales o de construcción
  • Productos defectuosos
  • Actos violentos o criminales
La ley de Texas establece que, si la persona fallecida habría tenido derecho a presentar una demanda por lesiones personales de haber sobrevivido, entonces sus familiares cercanos pueden presentar una demanda por muerte injusta. Un abogado de muerte injusta en Texas evalúa cuidadosamente las circunstancias del fallecimiento para determinar si existe una base legal sólida y quiénes pueden actuar en nombre de la familia.

¿Quiénes Tienen Derecho a Presentar una Demanda por Muerte Injusta?

Texas es muy específico respecto a quién puede presentar una demanda y en qué orden. La ley busca proteger los derechos de los familiares más cercanos al fallecido. Tienen derecho a presentar una demanda:
  1. El cónyuge sobreviviente
  2. Los hijos (biológicos y legalmente adoptados)
  3. Los padres del fallecido
Estas personas pueden presentar la demanda de manera individual o conjunta. Si ninguno de ellos inicia una acción legal dentro de los primeros tres meses posteriores al fallecimiento, el representante del patrimonio puede hacerlo, a menos que la familia se oponga expresamente. Importante:
  • Los hermanos, abuelos o parejas no casadas no tienen derecho a presentar una demanda por muerte injusta en Texas, aunque sí pueden verse afectados en otros aspectos legales.

Preguntas que las Familias Nos Hacen

¿Qué tipo de compensación puede recibir una familia por la pérdida de un ser querido?

La compensación por la pérdida de un familiar en un caso de muerte injusta busca reflejar tanto las pérdidas económicas reales como el impacto humano y emocional de la ausencia.

Daños Económicos

Estos daños tienen un valor financiero tangible y pueden incluir:
  • Pérdida de ingresos futuros que el fallecido habría aportado a la familia
  • Pérdida de beneficios laborales (seguro, pensión, ahorros)
  • Gastos médicos relacionados con la lesión final
  • Gastos funerarios y de sepelio

Daños No Económicos

Estos daños reconocen lo que no puede medirse con recibos:
  • Pérdida de consorcio (amor, apoyo emocional, intimidad)
  • Pérdida de compañía y presencia diaria
  • Pérdida de orientación, consejo y cuidado, especialmente para hijos menores
  • Dolor emocional y sufrimiento de los familiares sobrevivientes
Un abogado de muerte injusta en Texas trabaja con expertos financieros y testimonios familiares para presentar un retrato completo de lo que realmente se perdió.

¿Cuál es la diferencia entre una demanda por muerte injusta y una “survival action”?

Esta es una de las dudas más comunes y más importantes. Demanda por Muerte Injusta
  • Compensa a la familia por sus propias pérdidas
  • Se enfoca en el impacto del fallecimiento en los sobrevivientes
Reclamación de Supervivencia (Survival Action)
  • Es presentada por el patrimonio del fallecido
  • Busca compensación por lo que la persona sufrió antes de morir, como:
    • Dolor y sufrimiento
    • Gastos médicos
    • Pérdida de ingresos entre la lesión y el fallecimiento
En muchos casos en Dallas, ambas acciones se presentan de forma simultánea, maximizando la justicia y la compensación total.

¿Cuánto tiempo tiene la familia para presentar una demanda en Texas?

En la mayoría de los casos, el estatuto de limitaciones en Texas es de dos años a partir de la fecha del fallecimiento. Esto significa que, si no se presenta la demanda dentro de ese plazo, la familia puede perder el derecho legal a reclamar compensación, sin importar la gravedad del caso. Existen excepciones limitadas (por ejemplo, cuando hay menores involucrados), pero no deben asumirse sin asesoría legal. Hablar con un abogado lo antes posible protege los derechos de la familia.

Línea de Tiempo Sencilla del Proceso Legal

Sabemos que la idea de un proceso legal puede resultar intimidante. A continuación, una visión clara y humana del camino habitual:
  1. Consulta inicial confidencial
    • La familia comparte lo ocurrido
    • No hay obligación ni costo inicial
  2. Investigación del caso
    • Recolección de reportes, pruebas y testimonios
    • Análisis de responsabilidad legal
  3. Presentación de la demanda
    • En tribunales del Condado de Dallas o Tarrant, según corresponda
    • Notificación a las partes responsables
  4. Negociaciones con aseguradoras
    • Muchas compañías buscan minimizar el pago
    • El abogado protege a la familia de presiones indebidas
  5. Litigio o resolución
    • Acuerdo justo o juicio ante un jurado, si es necesario
  6. Compensación y cierre legal
    • Distribución conforme a la ley
    • Apoyo continuo a la familia

Enfoque Local: Tribunales en Dallas–Fort Worth

Las demandas por muerte injusta suelen presentarse en:
  • Tribunales Civiles del Condado de Dallas
  • Tribunales del Condado de Tarrant (Fort Worth)
Conocer los jueces locales, los procedimientos y las prácticas de las aseguradoras en la región es una ventaja crucial que solo un despacho local puede ofrecer.

Buscar Justicia También es un Acto de Amor

Ninguna demanda puede reemplazar una vida ni aliviar completamente el duelo. Pero responsabilizar legalmente a quien causó la pérdida puede evitar que otras familias pasen por el mismo dolor y proporcionar estabilidad a quienes dependen de esa persona que ya no está. Si su familia está considerando una demanda por muerte injusta en Dallas, hablar con un abogado de muerte injusta en Texas no significa iniciar una batalla inmediata; significa informarse, protegerse y tomar decisiones desde la claridad, no desde la urgencia. La ley existe para servir a las personas. Incluso —y especialmente— en los momentos más difíciles.]]> by Luis A. Pérez, PC <![CDATA[Struck While Cycling? A Cyclist’s Legal Guide to Filing an Injury Claim]]> https://www.luisperezlaw.com/?p=48474 2026-02-07T18:07:22Z 2026-02-12T10:05:30Z Cycling is a healthy and eco-friendly way to get around. However, it can be dangerous, especially on busy roads and highways. Bicycle accidents happen more often than many people realize, and the consequences can be severe. These accidents can lead to broken bones, concussions, and soft-tissue injuries. In addition to the physical harm, victims often face significant medical bills, lost wages, and the stress of repairing or replacing a damaged bike. If you’ve been injured while cycling, you don’t have to shoulder the burden alone. You can hold the at-fault party or their insurance company responsible for your losses. Understanding your legal rights is the first step to doing this. The experienced accident lawyers at The Law Office of Luis A. Perez, PC can help you get the support and compensation you deserve.  Common Causes of Bicycle Accidents Most bicycle accidents arise from the actions of motorists, although cyclists, too, can share responsibility in some cases. Some of the most common causes of these accidents include:
  • Dooring: When a car door is opened into a cyclist’s path
  • Rear-End Collisions: Being hit from behind by a driver who failed to notice a cyclist
  • Avoiding Reckless Drivers: Swerving to avoid a car that ran a stop sign or red light
  • Collisions With Other Cyclists: Some accidents happen between two cyclists, with no cars involved
  • Vehicles Passing Too Closely: A vehicle speeding past or passing too close can cause the cyclist to lose balance
  • Road Hazards: Potholes, uneven pavement, or debris can cause a cyclist to fall.
In some cases, a cyclist may also have contributed to the accident. For example, riding without lights at night, ignoring traffic signals, or weaving into traffic can lead to shared liability after a bicycle accident.  Understanding Texas Bicycle Laws Cyclists in Texas have the same rights and duties as drivers. As a cyclist, you are required to follow traffic laws, signal when turning, and use proper lighting at night. This is not just for safety, but also to help protect your rights. Traffic Laws and Regulations for Cyclists In Texas, cyclists must obey stop signs, traffic lights, and yield rules. Failing to follow these laws can reduce compensation if you are determined to be partially at fault for the accident. Negligence and Liability Most cyclists' injury claims hinge on negligence. If another party failed to exercise reasonable care, such as by running a red light or distracted driving, they may be liable for your injuries. Insurance coverage from the at-fault driver can be used to pay medical bills, lost wages, and damages, making filing an injury claim a critical step towards recovery. What to Do After a Cycling Accident If you are involved in a collision, taking the following steps can protect your health and strengthen your claim:
  • Collect Information: Get the driver's contact and insurance details, and ask for the witnesses’ contact information, too.
  • Document the Scene: If able, take photos and videos of the accident scene, as this can provide crucial evidence into what happened.
  • Report the Accident: File a police report to have an official record
  • Seek Medical Care: Even minor injuries should be assessed. Also, some injuries take time to appear, so immediate emergency documentation is critical to protecting your health and linking your injuries to the accident, which is essential when filing an injury claim.
  • Track All Your Losses: This may include time off work, medical bills, repair bills, and any other damage incurred.
Filing an Injury Claim A successful cycling injury claim is dependent on proving negligence. There are four critical elements you must prove when filing your claim. These include:
  • Duty of Care: Drivers are required to drive safely and avoid harming cyclists
  • Breach: You must prove that the driver failed that duty, either by speeding, failing to yield, or distracted driving.
  • Causation: The breach directly caused your injuries
  • Damages: You experienced harm, including medical expenses, lost wages, property damage, and emotional distress.
Clearly demonstrating these four elements can give your case a solid foundation. Texas Comparative Fault Rule When filing your cycling injury claim, it’s essential to understand how fault works in Texas. Texas applies comparative fault in injury cases, meaning that both the cyclist and driver may share blame.  If you are found 51% or more responsible, compensation may be denied. However, if your share of fault is 50% or less, you may still recover damages, but they will be reduced by the percentage of fault assigned to you. Insurance companies typically determine fault percentages, but they can be challenged with strong evidence. Potential Damages From a Bicycle Accident Compensation can cover various losses, including:
  • Medical expenses, both current and future costs of treatment
  • Lost income, including wages and potential lost future earnings
  • Pain and suffering
  • Property damage, such as repairing or replacing your bike and gear
Families may also be eligible to file a wrongful death claim if a fatality occurs and seek damages. How Long Do You Have to File a Cycling Injury Claim in Texas? In Texas, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the date of the accident. Waiting too long to file can prevent you from recovering damages or weaken your case due to lost or unreliable evidence. This is why timely legal action is essential. How a Bicycle Accident Lawyer Can Help Handling a personal injury claim while recovering can be overwhelming. A skilled attorney can manage the process while ensuring you receive maximum compensation. An attorney’s support may include:
  • Investigating the accident
  • Accurately calculating damages
  • Managing communication and negotiations with insurance companies
  • Negotiating settlements by leveraging evidence to ensure fair compensation
  • Filing a lawsuit if necessary
Getting Help After a Bicycle Accident A cycling accident can change your life in an instant, leaving you with injuries, medical bills, and lost income. Filing a claim can help you recover those losses, but the process can be complex and overwhelming while you’re in recovery. At The Law Office of Luis A. Perez, PC, our experienced bicycle accident attorneys guide you through every step, from documenting the accident to negotiating with insurance companies or representing you in court. We understand the physical, emotional, and financial toll these accidents can bring and are committed to fighting for the compensation you deserve. Contact us today to discuss your case and protect your rights.]]>