The Law Office of J.P. Garcia FindLaw IM Template2023-07-27T04:28:53Zhttps://www.uvaldelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100989/2019/06/cropped-site-icon-32x32.pngOn Behalf of The Law Office of J.P. Garciahttps://www.uvaldelaw.com/?p=491182023-07-26T15:42:36Z2023-03-07T14:53:47Zdrivers file claims once every 18 years. Reports show 77% of all drivers have been in a collision. Every year, crashes force nearly 4.5 million Americans to seek medical treatment. And the Texas Department of Transportation recorded over 239,000 traffic injuries in 2021.
It’s not just you. Every time you turn the ignition, you’re playing the odds. So, what should you do when the odds catch up to you?
Check For Injuries
The first and most important thing to do after a crash is to check whether anyone has a serious injury. If you see or feel any concerning injuries, call 911. Get help immediately.
Move To Safety
If possible, you want to get out of traffic. Signal your turn and pull over to the side of the road. But do not leave the scene. If your vehicle is badly damaged, you might leave the vehicle and find a place nearby.
Call The Police
Texas law requires you to call the police for any car crash that results in injury, death or property damage worth $1,000 or more. It’s pretty easy to hit that $1,000 damage target, so it’s generally in your best interest to call the police after any crash.
Exchange Information
Get the other driver’s license plate number, name, insurance company and policy number. It’s also a good idea to get the other driver’s phone number. You should also provide this information when asked. However, you don’t want to apologize or offer extra information.
Gather Evidence
Insurance companies, the police and attorneys will all try to determine fault based on the evidence. The more evidence you gather, the stronger your case. Take photos of the vehicles and crash site. Talk to witnesses, and ask for contact information from those who can say what happened.
Get A Medical Evaluation
Some injuries aren’t immediately obvious. Brain injuries may take days to manifest. Internal injuries may offer no immediate external signs. Your adrenaline can mask your symptoms. You want to see a doctor.
Report The Crash
As soon as possible, you need to report the crash to your insurance company. When you do, stick to the facts, and don’t offer more information than you need to. You’ll need to say when and where the crash occurred. And you’ll want to provide the other driver’s name and insurance policy number. But remember that your insurance is looking for reasons to pay less. Don’t downplay any injuries. Don’t say you’re “okay.” And you have no reason at all to talk to the other driver’s insurance.
Call An Attorney
In 2014, the Insurance Research Council found that crash victims who worked with an attorney received, on average, 3.5 times more compensation than victims who represented themselves. Insurance companies work hard to minimize their payouts. They’ll twist your words and use them against you. Most victims need help to win a fair settlement.
8 Steps To Regain Control
Crashes aren’t always about you. The numbers say you’re likely to get in a couple crashes over the years. Sometimes, you just can’t control what’s going to happen.
However, you can take influence what happens after a crash. By following the right steps, you can put yourself in a better position. You can start to regain control.
Juan Pablo Garcia is the attorney responsible for this ad. Primary Practice Location: Uvalde, Texas.]]>On Behalf of The Law Office of J.P. Garciahttps://www.uvaldelaw.com/?p=491202023-07-26T15:49:46Z2023-03-01T14:55:58ZMultiple Ways To Split The Blame
After a crash, everyone wants to know how to assign fault. In a standard auto crash, you typically divide the blame between the two parties—you and the other driver.
If you’re more than 50% responsible for the crash, you can’t collect anything from the other driver
If you’re less than 51% responsible for the crash, you can claim your damages, reduced by the percent you were at fault
Truck crashes follow the same rules for fault, except they don’t always split the blame between just two parties. There are often many more parties involved:
Both drivers need to follow the rules of the road, leave space and drive safely. If either driver acts recklessly or neglects certain responsibilities, that driver can take some or all of the blame.
The trucking company has many legal responsibilities. It must screen its drivers, train them, schedule appropriate hours, plan reasonable routes and maintain its vehicles.
If the trucking company contracts with another company for maintenance, that company needs to meet reasonable standards for safety.
Truck manufacturers and the manufacturers of various parts must provide safe vehicles and equipment.
Depending on the load, the owner of the goods in transit may take a share of the blame. This can happen if a company loads its goods onto the truck and fails to balance the load.
As you can see, truck crashes can involve all kinds of different parties. Each may have its own insurance company, and all those insurance companies want to push the blame away from themselves.
So, how can a private citizen, like yourself, be sure you’re getting a fair settlement? You can’t expect two to six insurance companies to be looking out for your best interests. And few people are well-equipped to dig into the facts, records, crash scene, witness reports and other evidence to uncover the truth.
That’s why injury victims want attorneys. It’s the attorney’s job to stand up to the insurance companies and prevent them from assigning you more than your share of the blame. It’s the attorney’s job to determine how much an injury is worth and how much each party should pay.
The Clock Is Always Ticking
There’s one more thing to know about truck crashes. Because they can be so complicated, it’s important to contact an attorney right away. Your attorney needs time to explore the evidence. And that evidence may disappear the longer you wait.
Truck companies shouldn’t change or lose records, but they sometimes do. Cities and counties clean up their crash sites. Witnesses start to lose track of what they saw. You can’t afford to let your evidence disappear. With so many insurance companies to fight, you need to make your case as strong as possible.
Juan Pablo Garcia is the attorney responsible for this ad. Primary Practice Location: Uvalde, Texas.]]>On Behalf of The Law Office of J.P. Garciahttps://www.uvaldelaw.com/?p=491162023-07-26T15:53:36Z2023-02-09T01:49:05Zin Texas law. Essentially, it serves as one way to keep convicts out of an over-crowded prison system. But it’s not the same as walking “free.” There are rules to follow. And there’s the possibility that authorities could revoke your probation and send you to prison, anyway.
Revocation Is Not Automatic
If you receive probation, it will likely come with a string of conditions. You need to meet all these conditions faithfully. If you don’t, you kick off a string of events that could potentially lead you to prison or jail:
Your probation officer and department will report your failures to a prosecutor
The prosecutor will decide whether to file a motion to revoke your probation
Alternatively, the prosecutor can file a motion to show cause, which basically gives you a chance to argue why the prosecutor shouldn’t file a motion to revoke your probation
Either motion will lead you to a hearing that is something like a trial, but with its own set of rules
If you don’t successfully argue your case at this hearing, you can go to prison or jail
It’s worth noting that the stakes are higher for people on deferred adjudication. As one former prosecutor wrote to the Texas District & County Attorneys Association, people serving community supervision on deferred adjudication have not yet been convicted. This means if they get their probation revoked, they will still face formal conviction and sentencing. The full range of sentencing options will be available.
A Chance To Act
Because the authorities can’t just revoke your probation automatically, you have several chances to act. In most cases, you want to be proactive. If you had a legitimate reason for failing to meet an appointment or make a payment, you and your attorney may want to share that information. There are other cases, although rarer, in which officials might not try to contact you.
Probation officers and prosecutors take probation seriously, but they understand everyone is human. The prosecutor does not have to turn every failure directly into a motion to revoke. If you’ve failed to meet any of the conditions of your probation, you can talk with an experienced defense attorney to learn your options. The right option can help limit the damage.
Juan Pablo Garcia is the attorney responsible for this ad. Primary Practice Location: Uvalde, Texas.]]>On Behalf of The Law Office of J.P. Garciahttps://www.uvaldelaw.com/?p=491142023-07-26T15:45:23Z2023-02-09T01:48:08ZExpunctions Versus Nondisclosure Orders
In Texas, there are two primary ways to limit public access to a criminal record. Depending on the circumstances, you may pursue an expunction or a nondisclosure order.
An expunction leads to the complete destruction of your criminal record. It is removed, destroyed, wiped clean. After the expunction, you can legally deny the expunged arrest. The only exception is if you must testify under oath about your expunged arrest. In that case, you simply say you had the records expunged.
A nondisclosure order seals your criminal records. They aren’t destroyed, but they are no longer available to the public. However, law enforcement and government agencies can still hold, access and use the information.
As you can see, expunctions are more powerful than nondisclosure orders. They do more work for those who qualify, completely destroying a criminal record, rather than just covering it up.
Who Qualifies For Expunctions?
Texas law includes some very strict and complicated rules for expunction. Among other things, these rules make it clear that not everyone can qualify. To qualify, people must meet one of several different standards:
Never charged with a crime after their arrest
Had their charges dismissed
Record contains an arrest, charge or conviction due to identity theft
Convicted of a crime that was later acquitted after an appeal
Completed a Pretrial Intervention Program
The prosecutor recommends the expunction
Even in these cases, you still need to apply for the expunction and win it. That means filing the legal forms correctly and attending a court hearing. Depending on the circumstances, the hearing can be like a mini-trial. Government officials may choose to argue against the expunction, so you need to be ready to present your case clearly and effectively.
If you present your case successfully at the hearing, you will receive an Order for Expunction. After you have a judge sign this order, you will submit it to all the appropriate agencies. They will then destroy all records of the expunged offenses.
How Can An Attorney Help?
Expunctions can prove quite valuable to those who qualify, and the whole process usually takes only three to four months.
However, many people struggle to navigate the complicated rules and procedures. An experienced attorney can help you understand whether you qualify and can guide you through the process. This means both filing the paperwork and preparing for your hearing.
Juan Pablo Garcia is the attorney responsible for this ad. Primary Practice Location: Uvalde, Texas.]]>On Behalf of The Law Office of J.P. Garciahttps://www.uvaldelaw.com/?p=491122023-02-09T00:55:28Z2023-02-09T00:55:28ZAdministrative License Revocation (ALR) proceedings that can affect your driving privileges after your arrest.
What does the ALR process involve?
If you refuse a breath test
When you refuse to take a test, you will lose your license right at the side of the road. Some people face the suspension of their license because they will not submit to a chemical test when suspected of driving or boating after drinking.
If you refuse the test, the officer will probably take your driver's license. They may write you a suspension or disqualification notice and give you a temporary driving permit. You then have 15 days to request a hearing or the suspension will begin automatically after your arrest. Your prior record will determine the length of time for which you lose your driving privileges.
If you fail a chemical breath test
When you fail a chemical breath test or a blood test, the Texas Department of Public Safety will mail you a notice of suspension after they receive the test results. You will have a limited number of days from the mailing date of that notice to request a hearing. If you do not, then you will lose your driving privileges automatically, as with breast test refusal cases.
What happens at a hearing?
You have the right to have an attorney represent you at a hearing to protect you from the loss of your license. In theory, you may be able to protect your driving privileges and avoid all of the personal, professional and financial consequences that come from being unable to drive.
Learning more about the penalties for Texas DWI offenses will benefit those recently arrested on allegations of impaired driving.
Juan Pablo Garcia is the attorney responsible for this ad. Primary Practice Location: Uvalde, Texas.]]>On Behalf of The Law Office of J.P. Garciahttps://www.uvaldelaw.com/?p=491052023-07-26T15:51:01Z2022-06-28T20:57:23Zthe Miranda Warning, you may think that you can get on their good side and avoid a night in jail.
Unfortunately, a lot of people pulled over for impaired driving traffic stops learn the hard way that they cannot talk their way out of an arrest.
The Miranda Warning Exists For A Reason
Police officers must provide you with the Miranda Warning when they place you in custody and intend to ask you questions. They have to inform you of your right to remain silent and your right to have an attorney present during all questions from the officers, and of your right to terminate the interview at any time.
Although you may think that asking for a lawyer will create an adversarial situation, having an attorney present when interacting with the police can protect you. An attorney can help you avoid falling victim to manipulation or tricks employed by law enforcement officers. An attorney can also inform you of your rights, like the right to not consent to a blood draw or breathalyzer test.
Your Words May Do More Harm Than Good
While you may want to build a rapport with a police officer or get them to understand you and your situation better, whatever you say to them during the traffic stop could come back to haunt you.
Knowing your rights and asserting them once the police remind you of them with Miranda Warnings after an arrest will give you a better chance of fighting back against DWI charges.
Juan Pablo Garcia is the attorney responsible for this ad. Primary Practice Location: Uvalde, Texas.]]>