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Personal Injury Lawyers

SERVING McKINNEY, PROSPER, ALLEN, SHERMAN, GAINESVILLE, MURPHY, FRISCO  & ALL OF NORTH TEXAS & SOUTH OKLAHOMA

new faces

Chris Rehmet

Claire Tate Rehmet

Tim Tate

Bart Smith

Personal Injury Lawyers

SERVING SHERMAN, DENISON, GAINESVILLE, BONHAM & ALL OF NORTH TEXAS & SOUTH OKLAHOMA

$13,000,000

Gross Recovery

Pedestrian Accident

Wrongful Death

$10,750,000

Gross Recovery

Motorcycle Wreck

Head Injury

$9,500,000

Gross Recovery

Defective Product

Brain Injury

$6,500,000

Gross Recovery

Workplace Accident

Head Injury

What should you know about the personal injury lawyers at Tate Accident Law?

 

For over 30 years, the attorneys at Tate Accident Law have served thousands of clients in Texas and Oklahoma. Our personal injury law firm represents clients who are injured in car, truck, motorcycle, bicycle, and pedestrian accidents, as well as those who have suffered injuries from the negligence of drunk drivers.  We handle injury and wrongful death cases caused by 18 wheeler wrecks, car accidents, work accidents, and defective products. We have successfully pursued cases caused by drunk drivers and related dram shop causes against bars and restaurants who over-served the drunk driver.  Many of our cases involve serious accidents with catastrophic injuries.

Our goal is to add significant value to your personal injury case by thoroughly investigating the facts and working with you to develop an effective strategy. We encourage you to call our firm and let us review your case.  You will speak to an attorney who will be candid about how we can help.  If we don’t undertake representation, we will provide you free advice and recommendations.  As attorneys, we pride ourselves on developing close relationships with our clients, most of whom have our cell phone numbers and stay in touch, even after a case has concluded. 

injury law firm Sherman, TX

Our Locations

118 S Tennessee St.
McKinney, TX 75069

2902 N. US Highway 75
Sherman, TX 75090

Areas We Serve

McKinney, Sherman, Frisco, Prosper, Allen, Denison, Denton, Gainesville, Bonham, Van Alstyne. Melissa, Anna, Ardmore, Durant, Marietta, Pottsboro, Fannin County, Grayson County, Cooke County, Collin County, Denton County, Tarrant County, Dallas County, all of North Texas and South Oklahoma

Office Hours

Monday 8:00 am–5:00 pm
Tuesday 8:00 am–5:00 pm
Wednesday 8:00 am–5:00 pm
Thursday 8:00 am–5:00 pm
Friday 8:00 am–5:00 pm

Meeting Hours

Nights and Weekend Available by Appointment

Call, Chat or Email 24/7

Personal Injury Practice Areas

Motor Vehicle Injuries—Car Accident Lawyers

Following a car wreck, you need to focus on your health and healing. But the pressure of medical bills  and loss of income can be stressful. That financial tailspin is compounded when you are left without a vehicle to make it to the needed doctor’s appointments for you or your family.  We understand the hardships and day-to-day problems that the victims and their families face. At our firm we will take on each obstacle immediately. Our lawyers will handle your case as aggressively and quickly as the law allows.  If you need medical specialists, we will coordinate care recommended by your doctors and help you get access to medical care. 

 A senior partner will work with you from start to finish.  We will immediately take action to preserve and gather all the available evidence such as:

  • Video surveillance from dash cams;
  • Video surveillance from nearby establishments or homes;
  • Witness statements;
  • Photographs of the scene and injuries;
  • Police reports;
  • Download the data from the electronic control module (ECM) black box; and,
  • Take measurements or potential skid marks and gouges in the roadway.
 

We focus on obtaining the medical care you need and maximizing the value of your case.

We will exhaust all possible avenues to recover for your damages.  In a car wreck, there are often multiple layers of insurance. We investigate all potential collectable sources and coverages including:

  • Insurance covering the vehicles involved;
  • Insurance covering the driver who caused the wreck;
  • The owner of the car that may have loaned the vehicle to a reckless, incompetent or unlicensed driver (negligent entrustment);
  • The employer of the negligent driver if that driver was on the job at the time of the wreck;
  • Uninsured/underinsured motorist coverage on the car you were in;
  • Uninsured/underinsured motorist coverage which names you as a covered person;
  • Any assets of the negligent driver or responsible party or corporate entity; and
  • Potential Crime Victims Fund proceeds.
Car Accident Lawyers in Texas
At the end of your case we will aggressively  negotiate any medical provider balances,  subrogation liens held by a health insurance company, or hospital liens down as low as possible.  If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

McKinney

118 S Tennessee St

McKinney, TX 75069

Sherman

2902 N US Highway 75

Sherman, TX 75090

  • TRUCK ACCIDENTS

  • Truck and Trailer Accidents

    May of our large case results are wrecks caused by 18-wheelers. If you or a family member have been injured in an accident with an 18-wheeler, you need to consult with an attorney.  Every tractor-trailer wreck that causes personal injury or death will involve federal motor carrier regulations.  Those regulations apply if a commercial motor vehicle has a gross weight rating that exceeds 26,001 pounds.  The regulations apply to both the truck driver and company.  You need to consult with an attorney who is knowledgeable about those regulations to evaluate the potential violations.

    Tanker Truck Crash Lawyers Texas Oklahoma

    Can you give me any examples of regulations that make large truck wrecks different from a car wreck?

    The Federal Motor Carrier Safety Administration has created a myriad of regulations that apply to an 18-wheeler wreck which do not apply to a car wreck.  For instance, If a tractor-trailer causes an accident and anyone is injured so that they need immediate medical care or a vehicle is damaged badly enough that it needs to be towed, then the company is required to immediately drug test the driver.  Our attorneys will ensure the trucking company followed the law and will get the drug test result. 

    Our lawyers have handled cases where the test returned a positive result, or the driver refused to submit a sample. This evidence can form the cornerstone of a strong personal injury or wrongful death case.

    Can you provide other examples of tractor-trailer regulation violations that your  attorneys have found and used to help your client recover for their injuries?

    18-wheelers and motor carriers are subject to many regulations, but they can be broken down into three areas. The first is driver violations.  These might be a driving violation such as not paying attention or swerving from a lane. In most instances, our attorneys find that there is a deeper reason for the wreck, usually driver fatigue. 18-wheeler drivers and their companies are required to limit the driver’s hours on duty, but often fail to do so. The result can be devastating personal injury or death.  Find this deeper cause key to building a strong case.   

    The second area is maintenance. Tractor-trailer drivers and the companies are required to inspect and maintain their trucks and trailers.  Mechanical failure can cause serious injury and death.  For instance, we have shown that a motor carrier failed to properly inspect trailers that lost entire wheels when traveling at highway speeds.   

    Crash Investigation Accident Lawyers Texas
    The third area is the tractor-trailer’s company negligence in hiring, training, and supervising their drivers. Many times, this is the root cause of the wreck and the personal injuries.  Many companies do not adequately supervise their drivers because they want the driver to violate various regulations.  Complying with regulations will make the trucking company safer, but it also slows down the delivery of goods.  Many companies choose to ignore regulations to run up profits.  If our attorneys determine this is happening within a company, we can hold the company fully accountable for the driver’s negligence, and the injuries they caused. If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.
  • MOTORCYCLE ACCIDENTS

  • Motorcycle Accident Lawyers

    One of the large personal injury results we put on our homepage involved a motorcyclist.  The case resulted in a settlement which exceeded $10,00,000.00. It was an honor and a pleasure to represent the motorcyclist who was horribly injured in a collision with an 18 wheeler. It wasn’t an open and shut case.  The defense alleged our client was speeding and the speedometer needle was stuck after the collision – pointing directly at 100 mph. To get around these allegations required substantial investigation and expert testimony. 

     

    Mororcycle Wreck Attorneys Texas

    Why do most motorcycle accidents occur?

    Our lawyers understand the nature of motorcycle wrecks. Drivers have a duty to look out for all other vehicles on the road, including bikes.  Having a duty doesn’t mean drivers always execute that duty.  They often do not see a motorcycle who has the lawful right of way.  When this happens, the resulting injuries can be devastating and include severe, life changing personal injury and death. 

    What if the insurance company says I caused the motorcycle wreck?

    A car driver is usually at fault when they cause a motorcycle accident.  Often, the driver does not see the motorcycle because the driver is not paying adequate attention. Even though they hit the motorcyclist, the driver of the car will tell the officer or their insurance company that the motorcyclist must have been speeding because they “came out of nowhere.”  Our lawyers understand the motorcycle driver may be too injured to give their side of the story to the police.  We also know that an insurance company will look for reasons to deny or diminish a claim and will do so if their driver denies being at fault.

    How do your personal injury attorneys prove fault in a motorcycle accident?

    Thorough investigation of the motorcycle accident is the first step. In the case that settled for over $10,000,000 an investigation revealed eyewitnesses who testified that our client wasn’t speeding. Those witnesses were not on the police report. The next step is to employ an accident reconstructionist.  This costs money, but our law firm will pay for the expense, and we are only repaid if we get you a recovery. 

    motorcycle accident lawyer

    An accident reconstructionist uses physics and computer models to reconstruct how the wreck occurred.  This evidence can be crucial in overcoming allegations of speeding.

    If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

  • DRUNK DRIVING ACCIDENTS

  • DUI Accident Lawyers

    Our personal injury law firm has a long history of aggressively handling claims against drunk drivers. Our lawyers know that drunk drivers who cause accidents are exposed to large personal injury verdicts.  We use that fact as leverage against the drunk driver and their insurance company.

    Drunk Driving Accident Victim Lawyers

    How do your attorneys put pressure on the drunk driver and their insurance company?

    There are two main pressure points in every drunk driving car wreck. The first is the factual evidence.  This means the police report, body cam footage, and blood alcohol content results.  Body cam footage in DUI cases can be extremely helpful if the drunk driver has trouble standing or has trouble with roadside sobriety maneuvers. Furthermore, blood alcohol test results are widely understood by the public.  Potential jurors know what a high blood alcohol content is.  Finally, our lawyers usually employ our own experts to testify about the effects of alcohol (or drugs) at different blood levels.

    How does Texas law help your attorneys hold drunk drivers accountable for the injuries they cause?

    The second pressure point is the law and gross negligence.  If the evidence shows intoxication, then the drunk driver who caused the accident is more than negligent in the eyes of the law: they are grossly negligent. For the victim of the drunk driver, gross negligence matters because it allows your attorney to sue for punitive damages.  The word punitive means to punish and punitive damages are only available under Texas law in limited circumstances, one of which is drunk driving. 

    Drunk Driving Accident Victim Attorneys Texas DUI

    Our lawyers see punitive damages as a hammer to be used to make the drunk driver and their insurance company pay for your injuries. Juries in Texas have returned substantial verdicts against drunk drivers in personal injury cases, including punitive damages that exceed millions of dollars.

    If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

  • PEDESTRIAN ACCIDENTS

  • Pedestrian Accident Lawyers

    The largest wrongful death settlement our firm reached in 2022 was a pedestrian wrongful death  case which was resolved for over $13,000,000.00.  This was a car vs. pedestrian collision where the driver fled the scene after hitting and killing a wonderful husband and father – a horrible set of circumstances. And most cases which involve pedestrians are horrible. 

    pedestrian accident lawyers Texas

    In 2021 there were over 5,366 crashes which involved pedestrians in the state of Texas. Many of these pedestrians had the right of way. Pedestrians have the right to occupy a lane of travel when they are using the public road and complying with the Texas Transportation Code.  Even if a pedestrian has the right of way, they don’t have the advantage of an airbag, seatbelt, or bumper.  Our lawyers know that when a pedestrian is hit by a car there is a substantial likelihood of catastrophic injury or death.

    Our personal injury attorneys find the main cause of car vs. pedestrian accidents are (1) driver inattention, (2) driver’s failing to yield the right of way, and (3) speeding. We have handled several cases where the driver fled the scene.  Our personal injury lawyers will aggressively investigate and pursue pedestrian death or injury cases.  

    Pedestrian Injury Lawyers TXl

    We encourage you to call us if you, or someone you love, has been injured or killed as a pedestrian.  Even if you are unsure about who had the right of way, call and allow our personal injury attorneys to talk to you about the potential claim. We have resolved several cases to our client’s satisfaction where the pedestrian was on drugs, walking in a lane without the right of way, or walking at night in dark clothing.

    If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at 903-892-4440.

  • DRAM SHOP ACCIDENTS

  • Dram Shop Lawyers

    Our firm regularly sues drunk drivers and, if possible, the bar or restaurant that served them. Many people don’t know that a bar or restaurant can be held responsible for the negligent acts of their intoxicated customers.  As personal injury attorneys we like dram shop cases and aggressively pursue them. 

     

    Dram Shop Attorneys Texas

    What is a Dram Shop Lawsuit?

    A dram shop is a lawsuit against a bar or restaurant for over-serving a customer who then causes injury to another, or themselves, due to their intoxication.  Why is it called a dram shop lawsuit? A “dram” is an old English term that refers to one-eighth of an ounce of liquor. In old England, a dram was a typical measure of liquor served to bar patrons.  A “dram shop”, therefore, is a bar or restaurant that serves alcohol. 

    Some people are surprised to learn that they have a cause of action against the bar and the drunk driver.  They ask why Texas law allows an injured person, or wrongful death beneficiary, to sue a bar? There are two reasons: one has to do with Texas liquor licenses, and the other has to do with public policy.

    If bars are prohibited from over-serving, then why do they do it so much?

    When a bar or restaurant applies for and receives a liquor license, they are granted a privilege to serve alcohol for profit.  They are fully aware that the license requires that they not serve obviously intoxicated people and, if they do, they risk losing that license.  They are also fully aware that if they serve an obviously intoxicated person who then gets into a wreck and hurts or kills others, they can be held liable for that wreck.  Even though they are fully aware, many bars over-serve anyway.

    Why is over-serving so common? Money. Retail sales of alcohol in 2015 in Texas exceeded $5.8 billion according to the Houston Chronicle. There is a huge financial incentive to sell large amounts of alcohol. Servers are trained to push alcoholic beverages because they make money for the business and the servers, who are motivated to upsell to increase the tip.

    How big of a problem is drunk driving in Texas?

    In 2018, Texas led the nation in DUI fatalities. This leads to the second reason Texas law allows us, as your lawyer, to sue the bar for personal injury or wrongful death: Public Policy. There are real life consequences to bars and restaurants turning drunks out on the roads.  Thousands of people die and are horribly injured every year.

    dram shop lawyers TX

    The fact is that bars and restaurants who serve obviously intoxicated patrons should be held accountable if those patrons drive away and cause injury or death to others.

    If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

  • UNINSURED MOTORISTS

  • Uninsured Accident Lawyers

    When the at-fault driver is telling you they don’t have any insurance, the first step is to make sure it’s true. Insurance coverage can be complicated and sometimes it is possible to force the at fault driver to disclose other insurance policies that might cover your injuries. 

    18 Wheeeler Accident Lawyers Texas Oklahoma

    How do your injury attorneys find insurance to cover injuries when the police report says there is none?

    Our lawyers know that many auto insurance policies in Texas cover more people that just the named insured.  For instance, all policies in Texas insure the person who bought the policy, who is called the “named insured.” But most auto policies also cover any other family members living in the same household.  It’s quite possible that the driver who caused the wreck and tells the police officer they have no insurance is really covered because they live with a relative who has an auto policy that insures them as a family member.

    Finding this coverage can be hard to do and takes some additional investigation, but our attorneys always look for this extra coverage to pay for your property damage and personal injuries.

    The second question is whether the driver has any assets to pay for your loss.  This requires an asset check.

    What if the at fault driver is uninsured for my injuries and property damage?  

    If the driver that caused the car accident really isn’t covered by a policy, and doesn’t have assets to pay, then we must look to your own car insurance to pay for your injuries and damages.  Uninsured motorist coverage pays for injuries and property damage, like what the at-fault driver’s insurance would pay. 

    How do your attorneys help people with uninsured motorist claim?

    First, most people are surprised when their own insurance company treats them poorly when they make an uninsured motorist claim for injuries.  Here’s why they treat you bad – your underinsured motorist coverage only pays for what you are “legally entitled to recover” from the at-fault driver. This means that all the defenses which were available to the at fault driver may now be asserted against you by your own insurance company.  We can help to prepare you for these defenses. 

    highway tx lawyers

    Second, under current Texas law you can recover your attorney fees if your underinsured motorist claim is handled by an attorney.  Recovering attorney’s fees in personal injury claims for uninsured motorist cases is a complicated topic, but it is quite possible.

    If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

  • WRONGFUL DEATH LAW

  • Texas Wrongful Death Law

    Under the Texas Wrongful Death Law certain family members can file a claim if their loved one dies as the result of the negligence of another person or company. Wrongful Death claims/lawsuits are brought often as the result of motor vehicle accidents including drunk driving accidents, distracted driving collisions, 18 wheeler truck wrecks and defective products.

    The surviving spouse, children (natural or adopted), and parents can bring the wrongful death claim.

    Types of damages that are recoverable in a wrongful death case are:

    • Loss of love and companionship
    • Mental anguish
    • Loss of earning capacity
    • Loss of care, support, guidance, or counsel
    • Loss of household services
    Wrongful Death Lawyers Texas Oklanhoma

    If the negligence causing the death rises to the level of gross negligence (conscious indifference to the rights, welfare, and safety of others) punitive damages may be recoverable. Punitive damages can be awarded against the grossly negligent actor to punish the actor and serve as a deterrent to other establishments from doing the same grossly negligent acts.

    In addition to the wrongful death claim, the estate of the decedent also has a survival claim which includes damages such as mental anguish, physical pain and suffering endured prior to passing, medical bills and funeral expenses.

    Typically, the time frame to file the lawsuit for wrongful death is two years from the date of death.

    Wrongful death and survival estate cases are complex and each one is unique.  If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

  • PREMISES LIABILITY

  • gate and chain

    What is Premises Liability?

    Attorneys commonly refer to premises liability claims that result in persona injuries as slip and falls or trip and falls. The main difference between a premises liability claim and other negligence claims is that a condition or defect on the land or building caused the injury, as opposed to an activity of some type (like driving a car).  Usually there is some condition on the property, like a slick floor and a hidden hole, which the owner knew about but failed to warn a guest.  The guest might be a social guest at a house or a business guest in a store.

    What types of Injuries Can be Caused By Premises Defects?

    Our attorneys have handled premises liability cases where clients broke their arms or legs or suffered severe hand lacerations. People can suffer severe injuries in slip and fall type accidents.  Our law firm represented several different clients who all slipped and fell at the same Long John Silver’s restaurant. That restaurant had a ramp that was not built to code and was too steep. If rained or there was any liquid on the ramp, people would slip and fall. One lady broke her elbow when she slipped on the ramp. After two lawsuits, the restaurant demolished the ramp and rebuilt it to code. 

    What Type of Condition Gives Rise to a Premises Liability Claim in Texas? 

    The Texas Supreme Court has ruled that the condition must pose an unreasonable risk of harm.  The defect on the premises must be such that a reasonable person could foresee the danger that the condition would cause injury.  An example is an enamel painted poolside surface that becomes very slick when wet.  There are defenses. For instance, a condition that is openly obvious to anyone paying attention is generally not unreasonable. In addition, a condition generally does not pose an unreasonable risk if there is warning sign telling people of the danger.

Truck and Trailer Accidents

May of our large case results are wrecks caused by 18-wheelers. If you or a family member have been injured in an accident with an 18-wheeler, you need to consult with an attorney.  Every tractor-trailer wreck that causes personal injury or death will involve federal motor carrier regulations.  Those regulations apply if a commercial motor vehicle has a gross weight rating that exceeds 26,001 pounds.  The regulations apply to both the truck driver and company.  You need to consult with an attorney who is knowledgeable about those regulations to evaluate the potential violations.

Tanker Truck Crash Lawyers Texas Oklahoma

Can you give me any examples of regulations that make large truck wrecks different from a car wreck?

The Federal Motor Carrier Safety Administration has created a myriad of regulations that apply to an 18-wheeler wreck which do not apply to a car wreck.  For instance, If a tractor-trailer causes an accident and anyone is injured so that they need immediate medical care or a vehicle is damaged badly enough that it needs to be towed, then the company is required to immediately drug test the driver.  Our attorneys will ensure the trucking company followed the law and will get the drug test result. 

Our lawyers have handled cases where the test returned a positive result, or the driver refused to submit a sample. This evidence can form the cornerstone of a strong personal injury or wrongful death case.

Can you provide other examples of tractor-trailer regulation violations that your  attorneys have found and used to help your client recover for their injuries?

18-wheelers and motor carriers are subject to many regulations, but they can be broken down into three areas. The first is driver violations.  These might be a driving violation such as not paying attention or swerving from a lane. In most instances, our attorneys find that there is a deeper reason for the wreck, usually driver fatigue. 18-wheeler drivers and their companies are required to limit the driver’s hours on duty, but often fail to do so. The result can be devastating personal injury or death.  Find this deeper cause key to building a strong case.   

The second area is maintenance. Tractor-trailer drivers and the companies are required to inspect and maintain their trucks and trailers.  Mechanical failure can cause serious injury and death.  For instance, we have shown that a motor carrier failed to properly inspect trailers that lost entire wheels when traveling at highway speeds.   

Crash Investigation Accident Lawyers Texas
The third area is the tractor-trailer’s company negligence in hiring, training, and supervising their drivers. Many times, this is the root cause of the wreck and the personal injuries.  Many companies do not adequately supervise their drivers because they want the driver to violate various regulations.  Complying with regulations will make the trucking company safer, but it also slows down the delivery of goods.  Many companies choose to ignore regulations to run up profits.  If our attorneys determine this is happening within a company, we can hold the company fully accountable for the driver’s negligence, and the injuries they caused. If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

Motorcycle Accident Lawyers

One of the large personal injury results we put on our homepage involved a motorcyclist.  The case resulted in a settlement which exceeded $10,00,000.00. It was an honor and a pleasure to represent the motorcyclist who was horribly injured in a collision with an 18 wheeler. It wasn’t an open and shut case.  The defense alleged our client was speeding and the speedometer needle was stuck after the collision – pointing directly at 100 mph. To get around these allegations required substantial investigation and expert testimony. 

 

Mororcycle Wreck Attorneys Texas

Why do most motorcycle accidents occur?

Our lawyers understand the nature of motorcycle wrecks. Drivers have a duty to look out for all other vehicles on the road, including bikes.  Having a duty doesn’t mean drivers always execute that duty.  They often do not see a motorcycle who has the lawful right of way.  When this happens, the resulting injuries can be devastating and include severe, life changing personal injury and death. 

What if the insurance company says I caused the motorcycle wreck?

A car driver is usually at fault when they cause a motorcycle accident.  Often, the driver does not see the motorcycle because the driver is not paying adequate attention. Even though they hit the motorcyclist, the driver of the car will tell the officer or their insurance company that the motorcyclist must have been speeding because they “came out of nowhere.”  Our lawyers understand the motorcycle driver may be too injured to give their side of the story to the police.  We also know that an insurance company will look for reasons to deny or diminish a claim and will do so if their driver denies being at fault.

How do your personal injury attorneys prove fault in a motorcycle accident?

Thorough investigation of the motorcycle accident is the first step. In the case that settled for over $10,000,000 an investigation revealed eyewitnesses who testified that our client wasn’t speeding. Those witnesses were not on the police report. The next step is to employ an accident reconstructionist.  This costs money, but our law firm will pay for the expense, and we are only repaid if we get you a recovery. 

motorcycle accident lawyer

An accident reconstructionist uses physics and computer models to reconstruct how the wreck occurred.  This evidence can be crucial in overcoming allegations of speeding.

If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

DUI Accident Lawyers

Our personal injury law firm has a long history of aggressively handling claims against drunk drivers. Our lawyers know that drunk drivers who cause accidents are exposed to large personal injury verdicts.  We use that fact as leverage against the drunk driver and their insurance company.

Drunk Driving Accident Victim Lawyers

How do your attorneys put pressure on the drunk driver and their insurance company?

There are two main pressure points in every drunk driving car wreck. The first is the factual evidence.  This means the police report, body cam footage, and blood alcohol content results.  Body cam footage in DUI cases can be extremely helpful if the drunk driver has trouble standing or has trouble with roadside sobriety maneuvers. Furthermore, blood alcohol test results are widely understood by the public.  Potential jurors know what a high blood alcohol content is.  Finally, our lawyers usually employ our own experts to testify about the effects of alcohol (or drugs) at different blood levels.

How does Texas law help your attorneys hold drunk drivers accountable for the injuries they cause?

The second pressure point is the law and gross negligence.  If the evidence shows intoxication, then the drunk driver who caused the accident is more than negligent in the eyes of the law: they are grossly negligent. For the victim of the drunk driver, gross negligence matters because it allows your attorney to sue for punitive damages.  The word punitive means to punish and punitive damages are only available under Texas law in limited circumstances, one of which is drunk driving. 

Drunk Driving Accident Victim Attorneys Texas DUI

Our lawyers see punitive damages as a hammer to be used to make the drunk driver and their insurance company pay for your injuries. Juries in Texas have returned substantial verdicts against drunk drivers in personal injury cases, including punitive damages that exceed millions of dollars.

If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

Pedestrian Accident Lawyers

The largest wrongful death settlement our firm reached in 2022 was a pedestrian wrongful death  case which was resolved for over $13,000,000.00.  This was a car vs. pedestrian collision where the driver fled the scene after hitting and killing a wonderful husband and father – a horrible set of circumstances. And most cases which involve pedestrians are horrible. 

pedestrian accident lawyers Texas

In 2021 there were over 5,366 crashes which involved pedestrians in the state of Texas. Many of these pedestrians had the right of way. Pedestrians have the right to occupy a lane of travel when they are using the public road and complying with the Texas Transportation Code.  Even if a pedestrian has the right of way, they don’t have the advantage of an airbag, seatbelt, or bumper.  Our lawyers know that when a pedestrian is hit by a car there is a substantial likelihood of catastrophic injury or death.

Our personal injury attorneys find the main cause of car vs. pedestrian accidents are (1) driver inattention, (2) driver’s failing to yield the right of way, and (3) speeding. We have handled several cases where the driver fled the scene.  Our personal injury lawyers will aggressively investigate and pursue pedestrian death or injury cases.  

Pedestrian Injury Lawyers TXl

We encourage you to call us if you, or someone you love, has been injured or killed as a pedestrian.  Even if you are unsure about who had the right of way, call and allow our personal injury attorneys to talk to you about the potential claim. We have resolved several cases to our client’s satisfaction where the pedestrian was on drugs, walking in a lane without the right of way, or walking at night in dark clothing.

If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at 903-892-4440.

Dram Shop Lawyers

Our firm regularly sues drunk drivers and, if possible, the bar or restaurant that served them. Many people don’t know that a bar or restaurant can be held responsible for the negligent acts of their intoxicated customers.  As personal injury attorneys we like dram shop cases and aggressively pursue them. 

 

Dram Shop Attorneys Texas

What is a Dram Shop Lawsuit?

A dram shop is a lawsuit against a bar or restaurant for over-serving a customer who then causes injury to another, or themselves, due to their intoxication.  Why is it called a dram shop lawsuit? A “dram” is an old English term that refers to one-eighth of an ounce of liquor. In old England, a dram was a typical measure of liquor served to bar patrons.  A “dram shop”, therefore, is a bar or restaurant that serves alcohol. 

Some people are surprised to learn that they have a cause of action against the bar and the drunk driver.  They ask why Texas law allows an injured person, or wrongful death beneficiary, to sue a bar? There are two reasons: one has to do with Texas liquor licenses, and the other has to do with public policy.

If bars are prohibited from over-serving, then why do they do it so much?

When a bar or restaurant applies for and receives a liquor license, they are granted a privilege to serve alcohol for profit.  They are fully aware that the license requires that they not serve obviously intoxicated people and, if they do, they risk losing that license.  They are also fully aware that if they serve an obviously intoxicated person who then gets into a wreck and hurts or kills others, they can be held liable for that wreck.  Even though they are fully aware, many bars over-serve anyway.

Why is over-serving so common? Money. Retail sales of alcohol in 2015 in Texas exceeded $5.8 billion according to the Houston Chronicle. There is a huge financial incentive to sell large amounts of alcohol. Servers are trained to push alcoholic beverages because they make money for the business and the servers, who are motivated to upsell to increase the tip.

How big of a problem is drunk driving in Texas?

In 2018, Texas led the nation in DUI fatalities. This leads to the second reason Texas law allows us, as your lawyer, to sue the bar for personal injury or wrongful death: Public Policy. There are real life consequences to bars and restaurants turning drunks out on the roads.  Thousands of people die and are horribly injured every year.

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The fact is that bars and restaurants who serve obviously intoxicated patrons should be held accountable if those patrons drive away and cause injury or death to others.

If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

Uninsured Accident Lawyers

When the at-fault driver is telling you they don’t have any insurance, the first step is to make sure it’s true. Insurance coverage can be complicated and sometimes it is possible to force the at fault driver to disclose other insurance policies that might cover your injuries. 

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How do your injury attorneys find insurance to cover injuries when the police report says there is none?

Our lawyers know that many auto insurance policies in Texas cover more people that just the named insured.  For instance, all policies in Texas insure the person who bought the policy, who is called the “named insured.” But most auto policies also cover any other family members living in the same household.  It’s quite possible that the driver who caused the wreck and tells the police officer they have no insurance is really covered because they live with a relative who has an auto policy that insures them as a family member.

Finding this coverage can be hard to do and takes some additional investigation, but our attorneys always look for this extra coverage to pay for your property damage and personal injuries.

The second question is whether the driver has any assets to pay for your loss.  This requires an asset check.

What if the at fault driver is uninsured for my injuries and property damage?  

If the driver that caused the car accident really isn’t covered by a policy, and doesn’t have assets to pay, then we must look to your own car insurance to pay for your injuries and damages.  Uninsured motorist coverage pays for injuries and property damage, like what the at-fault driver’s insurance would pay. 

How do your attorneys help people with uninsured motorist claim?

First, most people are surprised when their own insurance company treats them poorly when they make an uninsured motorist claim for injuries.  Here’s why they treat you bad – your underinsured motorist coverage only pays for what you are “legally entitled to recover” from the at-fault driver. This means that all the defenses which were available to the at fault driver may now be asserted against you by your own insurance company.  We can help to prepare you for these defenses. 

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Second, under current Texas law you can recover your attorney fees if your underinsured motorist claim is handled by an attorney.  Recovering attorney’s fees in personal injury claims for uninsured motorist cases is a complicated topic, but it is quite possible.

If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

Texas Wrongful Death Law

Under the Texas Wrongful Death Law certain family members can file a claim if their loved one dies as the result of the negligence of another person or company. Wrongful Death claims/lawsuits are brought often as the result of motor vehicle accidents including drunk driving accidents, distracted driving collisions, 18 wheeler truck wrecks and defective products.

The surviving spouse, children (natural or adopted), and parents can bring the wrongful death claim.

Types of damages that are recoverable in a wrongful death case are:

  • Loss of love and companionship
  • Mental anguish
  • Loss of earning capacity
  • Loss of care, support, guidance, or counsel
  • Loss of household services
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If the negligence causing the death rises to the level of gross negligence (conscious indifference to the rights, welfare, and safety of others) punitive damages may be recoverable. Punitive damages can be awarded against the grossly negligent actor to punish the actor and serve as a deterrent to other establishments from doing the same grossly negligent acts.

In addition to the wrongful death claim, the estate of the decedent also has a survival claim which includes damages such as mental anguish, physical pain and suffering endured prior to passing, medical bills and funeral expenses.

Typically, the time frame to file the lawsuit for wrongful death is two years from the date of death.

Wrongful death and survival estate cases are complex and each one is unique.  If you or your loved one has been in a wreck and wants to find out more about their options and our firm, please call us for a free consultation 24/7 at (972)433-6113.

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What is Premises Liability?

Attorneys commonly refer to premises liability claims that result in persona injuries as slip and falls or trip and falls. The main difference between a premises liability claim and other negligence claims is that a condition or defect on the land or building caused the injury, as opposed to an activity of some type (like driving a car).  Usually there is some condition on the property, like a slick floor and a hidden hole, which the owner knew about but failed to warn a guest.  The guest might be a social guest at a house or a business guest in a store.

What types of Injuries Can be Caused By Premises Defects?

Our attorneys have handled premises liability cases where clients broke their arms or legs or suffered severe hand lacerations. People can suffer severe injuries in slip and fall type accidents.  Our law firm represented several different clients who all slipped and fell at the same Long John Silver’s restaurant. That restaurant had a ramp that was not built to code and was too steep. If rained or there was any liquid on the ramp, people would slip and fall. One lady broke her elbow when she slipped on the ramp. After two lawsuits, the restaurant demolished the ramp and rebuilt it to code. 

What Type of Condition Gives Rise to a Premises Liability Claim in Texas? 

The Texas Supreme Court has ruled that the condition must pose an unreasonable risk of harm.  The defect on the premises must be such that a reasonable person could foresee the danger that the condition would cause injury.  An example is an enamel painted poolside surface that becomes very slick when wet.  There are defenses. For instance, a condition that is openly obvious to anyone paying attention is generally not unreasonable. In addition, a condition generally does not pose an unreasonable risk if there is warning sign telling people of the danger.

MEET OUR Personal Injury Attorneys

Chris Rehmet
Claire Tate Rehmet
Tim Tate
BART SMITH

A family-Owned Injury Law firm

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