Mendez Isaac Joudi, PLLC Mendez Isaac Joudi, PLLC 2026-06-15T10:35:03Z https://www.mijlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1503752/2023/10/cropped-favicon-32x32.png On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[Understanding fault and liability in Texas car accidents]]> https://www.mijlawfirm.com/?p=47018 2025-10-08T14:11:32Z 2025-10-08T14:11:32Z Fault principles that guide Texas car accident evaluations Texas follows a modified comparative fault rule. This rule assigns a share of fault to each person involved in a crash. If you are less than 51% at fault, you may recover part of your losses. Your potential recovery often decreases as your fault share rises. During an investigation, insurers and sometimes courts review each driver’s conduct. They assess whether speeding, distraction or failure to yield contributed to the crash. Fault often relates to driving behavior rather than only the damage that occurred afterward.

Factors that establish liability after a collision

Liability links fault to financial responsibility. To assess it, investigators and insurers may review the following conditions that show how and why the crash occurred:
  • Traffic violations noted by police officers
  • Poor vehicle maintenance or equipment issues
  • Fatigue, distraction or intoxication
  • Hazardous road conditions or severe weather
  • Statements from witnesses or involved drivers
Each factor may help explain who could share responsibility for the outcome. The review often extends beyond who struck whom and considers whether you and others acted with reasonable care to prevent harm.

Evidence that strengthens your responsibility claim

Certain documents and records may support your account and clarify disputed facts. You can present the following:
  • Crash reports filed with the Texas Department of Transportation
  • Photos or videos showing traffic flow and vehicle placement
  • Medical records connecting your injuries to the crash
  • Written communication with insurers or repair shops
These records may reinforce your account and show careful action after the collision. They also help insurers or investigators understand the situation more accurately.

What awareness means for Texas drivers

After learning how fault and liability work in a motor vehicle crash in Texas, you may start thinking about what comes next. It could help to organize your reports, photos and medical notes in one place. You might also check with your insurer about coverage or claim progress. Taking small, steady actions may make the process feel more manageable as you move through it.]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[3 times outside parties may be liable for workplace injuries]]> https://www.mijlawfirm.com/?p=47014 2025-09-07T21:15:56Z 2025-09-07T21:15:56Z 1. An on-the-job collision Car crashes are one of the most common causes of catastrophic employment injuries and premature worker mortality. Some people drive daily for their jobs. They may even operate company fleet vehicles. Others only drive occasionally and may need to perform work functions in their personal vehicles. If the other driver was at fault for the crash, then the injured professional may be able to file an insurance claim or a lawsuit.

2. Violent incidents

Sometimes, disputes between co-workers escalate, and one professional end up becoming violent toward another. Other times, workers may get hurt by members of the general public. From teachers punched by unruly teenagers to health care professionals kicked by patients going through withdrawal, there are countless scenarios in which workplace violence could leave a professional injured. The violent individual may potentially be liable for their actions.

3. Product defects

Workers may need to use power tools, heavy machinery and a variety of other equipment to perform their jobs. They rely on those tools to reduce the labor involved in their job functions. Unfortunately, defective tools and products make it to market frequently. They may fail while in use at a job site, with major consequences for the employee using the tool and others nearby. If there is proof that an incident occurred due to a defective product, workers may be able to take action against manufacturers for releasing unsafe products. Looking into every option for financial support after an on-the-job incident can help injured professionals. Third-party lawsuits can be a viable option in scenarios where outside parties are to blame for serious work injuries.]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[The most common excuse drivers give for hitting motorcycles]]> https://www.mijlawfirm.com/?p=46955 2025-08-12T02:29:22Z 2025-08-12T02:29:22Z Drivers claim they couldn't see the motorcycle Motorcycles are hard to overlook. Despite what drivers may claim after a crash occurs, most people instinctively notice motorcycles in traffic. They tend to be loud and relatively large, even if they are smaller than four-wheeled vehicles. Visibility isn't really the source of the issue. The problem is that drivers don't think about motorcycles when monitoring their surroundings. In traffic, drivers typically have too much incoming visual information to mentally focus on each detail of their surroundings. Their brains focus on the most safety-critical details that they notice in traffic. People almost always notice buses, which are much larger than their vehicles. However, motorcycles, bicycles and pedestrians are easy for people to overlook if they do not intentionally prioritize looking for those smaller objects. Inattentional blindness can lead to drivers making unsafe choices that then cause motorcycle crashes. They are still responsible for the aftermath of any collisions that they cause even if they claim they didn’t see the smaller vehicle. Drivers typically provide insurance coverage when they are at fault for collisions. Motorcycle riders with injuries may need to consider filing a personal injury lawsuit, as their expenses could far exceed the insurance coverage available. Understanding the most common causes of motorcycle collisions can help riders enhance their safety. They may also feel more confident holding drivers accountable for causing preventable wrecks.]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[Texas injury claims: You have only two years to file]]> https://www.mijlawfirm.com/?p=46951 2025-07-20T19:25:58Z 2025-07-20T19:25:58Z If you've been hurt in an accident in Texas, you don't have unlimited time to take legal action. Like every state, Texas has a statute of limitations that sets a strict deadline for filing a personal injury lawsuit. Missing that window could mean losing your right to recover damages.

What is the statute of limitations?

In Texas, the general statute of limitations for personal injury claims is two years from the date of the injury. That means you usually have exactly two years to file a lawsuit in civil court. This deadline applies to a wide range of injury cases. The most common types include:
  • Car accidents
  • Truck crashes
  • Slip-and-falls
  • Dog bites
  • Workplace injuries (if not covered by workers' comp)
These cases all follow the same basic rule. So, if you were injured in a crash on July 1, 2023, you typically must file your lawsuit by July 1, 2025 and no later than that. 

When the clock can pause

Some situations may delay or "toll" the statute of limitations. It's important to understand when exceptions might apply. Here are the main situations where the deadline might be extended:
  • The injured person is a minor: The two-year clock usually starts on their 18th birthday.
  • The defendant leaves the state: The clock may pause while they're out of Texas.
  • The injury wasn't discovered right away: In rare cases, the clock starts when you reasonably discover the harm.
While these exceptions can help, they're not guaranteed. You still need to act quickly to preserve your rights.

Why acting early matters

Even if two years sounds like a lot of time, it's risky to wait. Evidence can disappear. Witnesses may move or forget key details. Insurance companies may take you less seriously the longer you delay. If you think you have a claim, don't guess the deadline. If you are unsure of what to do, speaking with a personal injury attorney might be helpful.  Filing early also gives your attorney time to build a strong case. If you wait too long, the court will likely dismiss your case no matter how badly you were hurt.]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[What are the most common causes of semi-truck crashes?]]> https://www.mijlawfirm.com/?p=46935 2025-06-15T14:45:57Z 2025-06-15T14:45:57Z Getting too close in traffic Statistics show that a majority of semi-truck collisions are the fault of the bigger vehicle or its operator. However, some crashes occur because of the decisions made by those in passenger vehicles. Frequently, the failure to leave adequate space around a semi-truck is a major risk factor. People driving in the blind spots around semi-trucks and those who cut them off in traffic can end up causing collisions that have life-altering consequences.

Mistakes by commercial drivers

When looking at the breakdown of crash causes, making the wrong decision based on traffic circumstances is the top cause of semi-truck collisions. Commercial drivers need to adjust their speed based on weather and road conditions. They need to leave adequate space around their vehicles. The wrong decision can ultimately lead to a preventable collision with major consequences for others.

Surveillance issues

The second leading cause of commercial vehicle collisions where the semi-truck is at fault is inadequate surveillance. Choosing not to check the blind spots around a truck can have major consequences. So can distraction related to dispatch devices, meals or personal technological devices, such as a driver's mobile phone.

Vehicle issues

Problems with commercial vehicles can cause collisions. Improper loading or deferred maintenance can lead to drivers losing control. Approximately one in 10 collisions caused by semi-trucks are the result of issues with the vehicle rather than anything that the driver did or did not do. People in passenger vehicles often have limited control over the factors that contribute to commercial collision risk. Understanding what may have caused a semi-truck crash could help people feel more confident as they seek compensation after a wreck.]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[3 locations where pedestrians have increased crash risk]]> https://www.mijlawfirm.com/?p=46934 2025-05-16T16:54:32Z 2025-05-16T16:54:32Z 1. On the open road Many intersections have pedestrian lights and crosswalks. Drivers know to watch for pedestrians as they approach intersections. Many people traveling on foot do not want to walk all the way to an intersection. They may cross in the middle of the block instead. Doing so can be a risky choice, as 76% of all pedestrian crashes occur on the open road rather than at an intersection. Choosing to cross the road at locations where drivers know to watch for pedestrians is often the safest option.

2. In parking lots

Although drivers understand that there may be numerous pedestrians in parking lots, they do not always watch for them the way that they should. Many drivers become complacent in parking lots. They handle their phones, focus on their passengers and otherwise fail to properly monitor their surroundings. Pedestrians who have to cross parking lots are at higher risk than they may realize.

3. On rural roads

Technically, a much higher percentage of fatal pedestrian crashes occur in urban areas (83%) as opposed to rural areas. However, crashes in rural settings tend to be particularly devastating for several reasons. Higher speed limits make it far more likely for the pedestrian to sustain severe or fatal injuries. If the driver flees the scene instead of stopping, the pedestrian could go without care for a dangerous amount of time. Those walking or jogging in rural areas may need to protect themselves by carrying mobile devices and ensuring that others are aware of when they leave and when they intend to return. The injuries sustained in pedestrian collisions are often more expensive than people initially expect. Reviewing the circumstances of a pedestrian crash may help the injured person identify the best options for financial compensation.]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[Ways to prove another driver’s distraction, post-crash]]> https://www.mijlawfirm.com/?p=46923 2025-04-18T04:19:49Z 2025-04-18T04:19:49Z After a car accident, one of the most important considerations when it comes to building a strong personal injury claim is determining who was at fault for the harm that was caused as a result of the wreck. This is not always an easy process.  If you were recently involved in an injurious accident and you suspect that an at-fault driver was distracted at the time of the crash, proving that distraction played a role in your situation can strengthen your case and improve your chances of recovering compensation for your injuries and damages. 

Making your case

Distraction is not always easy to demonstrate, but there are several effective ways to gather evidence. One of the most powerful tools for potentially proving distraction is obtaining an at-fault driver’s cell phone records. They can show whether a driver was sending texts, making calls or using apps around the time of the crash in question. In some cases, records may reveal a pattern of distracted behavior while driving. A skilled legal team can subpoena these kinds of records if there is reason to believe a phone use contributed to your recent accident. Another useful source of evidence is eyewitness testimony. Bystanders, other drivers, or passengers may have seen the at-fault driver looking down at a phone, eating, applying makeup, or engaging in some other activity that took their attention off the road. Their accounts can help paint a clearer picture of what happened in the moments leading up to the collision. Video footage is also potentially valuable in distracted driving cases. Many intersections, highways and even private businesses have surveillance cameras that may capture crash footage. In addition, dashcam footage from a vehicle or another driver’s can sometimes provide clear visual evidence of distraction—such as swerving, delayed braking or erratic lane changes. Physical evidence at the scene can also be revealing. If the other vehicle did not show signs of braking before impact, it may suggest the driver was not paying attention. Skid marks—or the lack thereof—can support this conclusion, as can data from vehicle black boxes, which record speed, braking and steering input in the seconds before a crash. Ultimately, proving distraction generally requires a combination of facts, records and legal strategy. As every case is different, seeking legal guidance can give you a more personalized view regarding your unique circumstances and options. ]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[Is your job loss just unfair or actually illegal?]]> https://www.mijlawfirm.com/?p=46919 2025-03-18T17:16:36Z 2025-03-18T17:16:36Z Losing a job hits hard. It takes away your income, benefits, and often your sense of security. When the boss says, "You're fired," it always feels unfair. But there's an important distinction between a firing that feels wrong and one that breaks the law. So, how can you tell the difference?

Discrimination makes firing illegal

When employers fire workers because of who they are—not what they did—it breaks the law. Under state and federal laws, employers can't fire you based on race, gender, religion, age, disability or national origin. For example, Maria was fired after telling her boss she was pregnant. Her work performance was excellent, and her employer replaced her with someone less qualified who wasn't pregnant. This may cross the line into illegal discrimination. Before you blame termination on discrimination, look for clear connections between your protected status and the firing decision.

Retaliatory reasons

Employers can't fire you for exercising your legal rights. This includes reporting harassment, filing workers' compensation claims or whistleblowing about illegal activities. Suppose John reported unsafe working conditions and was later fired. If his dismissal was a punishment for filing his complaint, that could be retaliation. However, the firing might be lawful if John was consistently late or violated company policies. Consider these points when identifying retaliation:
  • The timing between your protected activity and firing
  • Any negative comments about your complaint
  • Different treatment compared to coworkers
  • Sudden performance criticisms after years of good reviews
If your termination happened right after you exercised your rights as an employee, you might have a retaliation case.

Violation of an employment contract

Although Texas is primarily an at-will employment state, some workers have employment contracts. A contract might state that an employer can only fire you for "just cause" or only after certain warnings. Review the wording of the contract. If your firing was in violation of the contract's terms, you may have a case for breach of contract. For instance, say Mia has a two-year employment contract stating she can only be fired for gross misconduct. If her boss fires her for missing a deadline, that could be a breach of contract and grounds for a wrongful termination lawsuit. If you believe your firing was illegal, collect evidence, document what happened and consider talking with an employment attorney in El Paso who can review your claim.]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[3 biggest safety risks in Texas workplaces]]> https://www.mijlawfirm.com/?p=46907 2025-02-17T09:53:54Z 2025-02-17T09:53:54Z Every year, thousands of Texas workers suffer injuries or disabilities that force them to take time off from their jobs. In fact, the Survey of Occupational Injuries and Illnesses revealed that over 178,000 nonfatal work incidents were reported in 2022. These are not just numbers; they represent real people who have experienced a significant shift in their lives after a work-related injury. The consequences of a workplace injury can be devastating, from facing substantial medical costs that can drain your savings to struggling to provide for your family. By understanding the most prevalent hazards plaguing Texas’s industries, you can help create a safer work environment for yourself and your colleagues.

Slip and falls

Slip and fall accidents are the leading cause of injuries and deaths among workers in Texas. In 2020 alone, these incidents accounted for 15% of work-related deaths in the state. What makes these incidents particularly tragic is that every single one was preventable. Companies are responsible for conducting regular job site inspections to identify potential hazards, from wet or uneven surfaces to poor lighting. As a worker, it is essential to stay vigilant and report possible risks to your supervisors. Remember, a moment of caution could save a life – perhaps even your own.

Overexertion injuries

These injuries often creep up silently, affecting workers who repeatedly lift, push, pull or carry heavy objects. These can lead to chronic pain and long-term disability, impacting your quality of life both at work and at home. If your job involves physical labor, remember that your health is irreplaceable. Do not hesitate to ask for help or use mechanical aids when you need them.

Impact hazards

Injuries from object impact are a serious threat in many industries, from construction sites to warehouses. If you work in an environment with overhead storage, moving equipment or falling object hazards, always wear appropriate personal protective equipment, such as hard hats. Remember, a moment of distraction can have life-altering consequences.

From awareness to action

Preventing workplace injuries requires a joint effort from employers and employees. Your actions, no matter how small they may seem, can make a significant difference. Every safety measure ignored or hazard unreported could lead to a life-changing accident.]]> On Behalf of Mendez Isaac Joudi, PLLC <![CDATA[Why insurance companies are not your friend after an accident]]> https://www.mijlawfirm.com/?p=46889 2025-01-21T16:09:35Z 2025-01-21T16:09:08Z Profit as the #1 goal Like most people, insurance agents have jobs. A significant part of their job is to save their employer money. These are businesses; like all businesses, they need profit to survive. It's disappointing to hear this, but many insurance adjusters will try to minimize payouts to claimants, no matter how nice they are to you.

What you say can be used against you

Perhaps you only heard about statements being used against a person when they are arrested and tried for an offense. Still, it is actually true that anything you say to an insurance agent or adjuster can, and probably will, be used against you. This can happen during negotiations or trial.

Using time as a weapon

Most people do not have the resources to wait to fix their lives after a car accident. Most individuals need to get on with their lives, and with that come expenses, like medical, loss of income, repair of the vehicle or at least paying a deductible, and more. Insurance companies know this; sometimes, they delay the process, hoping you (or your attorney) will settle for less money.

The importance of legal representation

Having an experienced personal injury attorney by your side can make a significant difference in the outcome of your case. An attorney understands the tactics that attorneys use, and they understand how to protect you. Having an attorney is almost always the very best path.  ]]>