Be Sure You Understand Your Liability After A Collision With A Cyclist

We’re all taught to be cautious around cyclers. We give them extra space on the road and extra attention as we pass them by. It is also fairly well known that bicycle riders are to be treated like any vehicle on the road. As car drivers, we are to follow them at a safe distance, give them the right of way where appropriate, and stop for them at stop signs or traffic lights just like we would for any regular car or truck.
What some drivers and bike rider sometime miss is that cyclists are required to uphold their end of traffic laws as well. They should be doing things like signaling their turns, keeping within the flow of traffic, and obeying stop signs and traffic lights even though they are smaller and more nimble than most of the vehicles around them.
Many times a collision between a car and a bicycle will result substantially worse injuries for the bike rider, but even though they often come out on the worse end of an accident, they can still be held as the liable party if they failed to respect relevant traffic laws. It’s important to treat a collision with a biker the same as any other vehicle on vehicle accident and not accept fault for an accident you may not have caused.
If you or a loved one has had issues with liability, insurance, or damages after being in an accident involving a cyclist who failed to obey the rules of the road give us a call today for a free case evaluation. You can contact us by phone at 903.526.1600 or via email at info@martinwalkerlaw.com


Help Warn Others About The Dangers of Vehicular Heatstroke


Each year, dozens of children die due to the effects of heat stroke after being left inside a hot car. The National Highway Transportation Safety Administration is working on multiple fronts to get the word out about these preventable accidents.
First, they have set up a special resources page filled with flyers, posters, images, and other media that you can download and customize to fit your organization. They even have things like prewritten letters you can submit to your local newspaper’s editor, and a variety of graphics specially sized to work perfectly on various social media platforms. Visiting this page at https://www.safercar.gov/parents/InandAroundtheCar/heat-involved.html and making use of these resources is a great way to help prevent these tragic deaths in your community.

Second, the NHTSA is going to be holding another one of their Twitter sessions where they share facts about hot car heat stroke and answer as many questions about the risks and preventive measures that can be taken to help parents keep their children safe this summer. You can join in next Monday, July 31st, by following the NHTSA at www.twitter.com/NHTSAgov and by tweeting your questions and comments to them with the hashtag #HeatstrokeKills.

This is an important issue that we’re glad to get behind and we hope you and your organization can help as well.


Three Things To Avoid After A Car Accident

Being in an accident can be a stressful time. It often involves things we are not familiar with like quickly finding a new vehicle to drive, dealing with tow companies and repair shops, and having to negotiate with one or more insurance companies. There are a lot of things you can do to make the whole process easier on yourself, like keeping detailed notes and being sure not to throw any documentation or bills away.
But there are also some common mistakes those who have been in an auto accident make that can derail your recovery and insurance claim process after an accident. For the smoothest experience, you’ll want to avoid:

  1. Talking about your accident on social media.
    We are all so connected these days that we generally feel free to share our experiences, good and bad, with our friends and loved ones over social media. Most of the time this is ok. But when you are dealing with things like insurance claims and possible lawsuits after a car accident, even the most normal of social media posts can be twisted against you.As a simple rule, it’s best to stay off social media completely until all aspects of your accident and associated negotiations are complete.
  2. Waiting Too Long. 
    Waiting too long to file an insurance claim or lawsuit can cause your case to be dismissed before it even begins. If you think you have any possibility of needing to make a claim or file a lawsuit you should get legal help as soon as possible. The longer you wait, the greater the chance something will come up that takes your time away from following up on your accident, and before you know it, it can be too late to act.
  3. Lying about your injuries or your car accident.
    It may sound far-fetched, but more people than you might think will try and play up their injuries or downplay their responsibly for their part of an auto accident. The legal process and rules regarding injury and damage claims are often exacting and even mistruths as small as white lies can come back to haunt you.Instead, it’s best to keep ever record and write or type yourself accurate and honest notes about your experience following your accident. That way both you and your lawyer can defend you with confidence. When it comes to car accident claims, honesty really is the best policy.

If you avoid these common pitfalls, you can help make the process of recovering from a car accident much easier. If you have any questions about the legal or insurance process relating to your car accident, give the attorneys at Martin Walker, P.C. a call. We’ll be happy to help you evaluate your case and let you know about your options.


Types of Medical Malpractice

Medical Malpractice is a term we use for any action performed by a medical professional or institution that causes injury or suffering. A medical malpractice lawsuit can be brought against doctors, nurses, and other medical staff, or against an entire hospital or clinic, depending on who was at fault.
That said, it can often be difficult to know who is responsible or even what kind of harmful actions constitute as actionable cases of medical malpractice. Below is a list of common examples of medical malpractice you can use as a starting point.
Medical Procedures Gone Wrong
When a medical procedure goes wrong it can be the basis of a medical malpractice lawsuit, but you have to be careful when considering poor or harmful outcomes of a medical procedure. Even if you are hurt as a result of a medical procedure, it does not count as medical malpractice unless you can prove you were injured as a result of negligence.
Incorrect Drug Proscriptions
Being prescribed the wrong drug can be the basis of a medical malpractice lawsuit, especially if your doctor did not take into account things he should have known like your medical history and other medications you were taking at the time.
Mistaken Diagnosis
If your doctor treats you for a medical problem that you do not have, that treatment can be the basis of medical malpractice. Like all medical malpractice concerns, you should consult with your attorney before moving forward with a lawsuit as sometimes a doctor can make an honest mistake in a complex diagnosis without that mistake rising to the level of medical malpractice.
Surgical Infections
Infections that occur after surgery are sometimes the result of medical staff not following proper procedure. An experienced medical malpractice attorney can help you prove this was the case
Informed Consent
Doctors and other medical professionals must accurately explain the test, study, or medical procedure they are going to preform on you. Failure to do so, especially when that failure involves lying to you about a procedure, can be grounds for a valid medical malpractice suit.
In all these cases, it is wise to seek out a law firm with significant experience in dealing with medical malpractice cases. Hospitals and clinics often have teams of lawyers ready to dismiss or justify otherwise valid incidents of medical malpractice. You deserve someone on your side who can help guide you through the complexities of medical law and procedure.
The team at Martin Walker, P.C. has spend well over a decade helping the people of East Texas. If you or a loved one was injured by what you thing may have been a case of medical malpractice, give us a call today.