Accidental Shooting Accident Lawyers in College Station, TexasLast updated on: May 18, 2022
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There are many reasons that Texans may own a firearm, whether that be for hunting, self-defense, or other recreational purposes. In fact, it is estimated that around 37% of Texans own a firearm. While there are procedures and protocols in place that can make gun ownership safer, firearms do present serious risks. If an accidental shooting occurs, the consequences can be deadly, and the victim of such a case may require the assistance of College Station accidental shooting lawyers.
If you or a loved one has been injured in an accidental shooting, call (800) 863-5312 to speak with experienced personal injury attorneys who can help you determine next steps..
Texas gun laws
The general rule in Texas is that people can carry guns wherever they are not specifically prohibited. There are certain places where firearms are always prohibited, including schools, government offices, or correctional facilities. There are also some places where guns are sometimes prohibited, including private property. Texas law gives most private property owners the ability to choose whether they will allow guns on their property or not. Owners of private property who are uncomfortable with guns will need to inform their guests or post signage indicating as such.
As of 2021, a new law went into effect that allows most Texans to carry a handgun in public places without a license to carry. However, there are still restrictions on the people who can own and carry firearms. For example, in order to legally carry a handgun, a person must be at least 21 years of age, not have a prior conviction for a felony on their record, and not be intoxicated at the time that they are carrying their handgun. An accidental shooting lawyer can help an accidental shooting victim determine how the various Texas laws governing firearm ownership play into their case.
Causes of accidental shootings
There are many different ways in which an accidental shooting can occur. While all types of accidental shootings can have the same devastating impact on the victim and their families, the way a legal case proceeds can be greatly impacted the circumstances in which an accidental shooting in Texas takes place.
Lack of Experience
To some, owning and operating a firearm might seem like a relatively straightforward practice. However, anyone who is handling a firearm needs to be sure that they have a good understanding of gun safety, as well as the operation and maintenance of a firearm. Oftentimes, an accidental shooting in College Station will occur simply because the person with the gun has never handled a gun before or has not received the proper training on how to handle a gun safely.
Drugs and Alcohol
Guns need to be treated with the utmost respect in order to keep the gun owner and everyone around them safe. This is why it is a bad idea to mix the consumption of drugs and alcohol with the operation of a firearm. Just like drugs and alcohol can cause the driver of a car to driver irresponsibly and cause an accident, they can also lower the decision-making capabilities of someone with a gun.
In addition to making sure that they have the necessary training to be able to handle a firearm, firearm owners need to store their gun in a way that ensures that only themselves and the people they trust to operate it have access to it. Improper storage of a gun could lead to a young child or someone who doesn’t have the right training to gain access to a gun, which can result in an accidental shooting in Texas.
Lack of Communication
Certain activities, like hunting or shooting at a firing range, require being around other individuals who also have guns. In order to do this safely, it is critical that everyone involved communicate thoroughly and effectively. When entering an area where one could potentially be in danger, make sure to let everyone know of your presence. When hunting, make sure to wear the proper clothing to signal that you’re there. Miscommunication or a lack of communication can lead to an accidental shooting in College Station in the blink of an eye.
An accidental discharge of a firearm can happen for any number of reasons. One common example is someone resting their finger on the trigger of a gun as opposed to keeping their finger off of the trigger. Certain triggers are more sensitive than others, which means that a small amount of pressure could end up causing a deadly accidental discharge if the operator of the gun wasn’t aware of the mechanics of that specific firearm. While handling a firearm, it is critical to always treat it as if it is loaded and to never point it at another person.
What to do after an accidental shooting
Everything you do immediately after an accidental shooting could impact your claim for damages in some way. This is why it is important to have an understanding of the proper steps to take after an accidental shooting. A personal injury lawyer can give you a detailed explanation as to how to proceed in your specific case, but there are some steps that should be followed in every case to give yourself and your family the best possible chance at successfully pursuing compensation for your injuries.
Seek Immediate Medical Attention If Necessary
If you or a loved one is injured in an accidental shooting, seek medical treatment as soon as possible.. Some injuries may seem rather obvious, but others may take time to present themselves. A long delay in seeking treatment can be used by the other side to argue that your injuries are not as serious as you claim them to be. Also, the other party may try to argue that your injuries are unrelated to the accidental shooting accident.
Report the Accident
After an accidental shooting takes place, make sure to report the incident to a law enforcement official. Additionally, if it happened on a gun range or private property, make a report for the owner of the range or property as well. Reporting the accident quickly gives you a chance to make an official statement soon after the shooting while the details of what happened are still fresh in your memory.
Document the Accident
For every kind of personal injury claim, it is far preferable to be overprepared than underprepared. You may not know what information or documentation will become important to prove your claim at the outset, so gathering as much data as possible is critical. For an accidental shooting, some important things to collect are medical records, photos of any injuries, the location in which the accidental shooting took place, as well as the firearm itself.
Speak with an Accidental Shooting Lawyer
There are many moving parts when it comes to managing a personal injury claim after an accidental shooting in College Station. If you don’t know what you are doing, it is easy to do something that could potentially damage your claim reduce your potential compensation. That’s why it is important to speak with a personal injury attorney after your accident to make sure your interests are represented.
Determining liability for your accidental shooting
In order to pursue damages for your injuries, a party has to be found at fault for the accident. In the majority of personal injury cases, this liability will be established by showing that the other party acted negligently.. To establish negligence, there are four key components that a victim must be able to prove. If any of these components is missing, then compensation under the theory of negligence will likely not be available.
First, an accident victim must be able to prove that the other party had a duty to act in a certain way. One way of proving this duty would be to point to a Texas or College Station law that makes certain requirements of gun owners. Next, the victim must show that the party breached this duty in some way, for example, by not following the gun law in question. After establishing a duty and subsequent breach of the duty, an accident victim must show causation. That is, it must be the breach of the duty itself that is what caused the injuries. If a gun owner acted irresponsibly the irresponsibility did not cause the accident, then they likely won’t be liable for any injuries. Finally, an accident victim must show damages or that they suffered compensable losses.
When it comes to personal injury cases that involve an accidental shooting, there are a few different parties who could be found liable:
This is likely the most straightforward case when it comes to determining liability, as well as the one that most people tend to think about when they think about these sorts of cases. Someone who is negligently handling a firearm can easily cause very serious injuries in the blink of an eye. For example, someone who is resting their finger on the trigger of their gun or who is spinning it around carelessly might accidentally discharge a round and hit someone = close by.
The negligent party doesn’t always need to be the person who actually ended up firing a shot. A gun owner can be held liable for injuries if they were negligent in how they handled the gun or in whom they gave it to. For example, a gun owner might share in liability if they lent their gun to someone who they knew didn’t have the proper firearm training or had a history of poor conduct in handling firearms.
People who have firearms on their property need to take steps to ensure that those who enter onto their property as guests or customers are safe from accidental shootings. Otherwise, they could be held liable for injuries that result. For example, a parent of a child could potentially be held liable if they invite a friend of their child to their home and that friend finds their gun and shoots either themselves or someone else with it. That’s why it is critical for property owners to educate everyone who is present on their property about gun safety, as well as take steps like purchasing a gun safe to ensure no one handles a firearm improperly.
Though it is less common, another way to establish liability is to make a claim against the manufacturer of the gun itself. The field of products liability allows those who are responsible for the manufacturing and distribution of a product to be held liable if a defect in that product causes an injury. There are a few different ways that this can happen.
One way is that a firearm might have a flaw in the design. For example, a flaw in the design of the trigger of a gun might cause it to fire when the person handling the gun doesn’t expect it. Additionally, if the design of a firearm doesn’t have any issues with it, a flaw in the manufacturing process can also cause a defect in the final product that eventually leads to an injury. Firearm producers and distributors are also required to provide sufficient warnings and instructions on how to use their product safely. As such, a failure to warn can also mean liability for the manufacturer.
Call Zinda law group today at (800) 863-5312 for a 100% free consultation with College Station Accidental shooting LAWYERS
An accidental shooting personal injury case is not something that you want to handle on your own. Depending on the facts of your case, pursuing a claim could require an understanding of ballistics, the firearm manufacturing process, or how to negotiate with insurance companies. The personal injury attorneys at Zinda Law Group have the necessary experience and resources to pursue maximum compensation for you. In addition, we won’t ever charge you anything until we win your case for you. That’s our No Win, No Fee Guarantee.
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