What Are the Most Dangerous Intersections in San Antonio?

Tuesday, August 24, 2021
Intersections are some of the most common locations for automobile, bicycle and pedestrian collisions. Intersections are inherently dangerous places where different types and directions of traffic cross paths. In 2019, the Texas Department of Transportation reported 15,843 serious injuries and 3,610 deaths in traffic accidents. Many of these collisions took place in some of Texas’ most dangerous intersections. Avoid San Antonio’s deadliest intersections to decrease your risk of getting into an auto accident. If a loved one died in a car accident case, contact our Wrongful Death Attorneys here in San Antonio

Top 10 Most Dangerous Intersections in San Antonio

According to a San Antonio Express News report, at least 25 intersections in the city consistently show a high number of collisions. This includes pedestrian collisions, which took 660 lives throughout Texas in 2019. Bexar County reports some of the highest numbers of intersection accidents in the state each year. According to the news report, the top 10 most dangerous intersections in San Antonio based on the number of collisions per year are:
  1. I-10 and Loop 1604
  2. Northwest Loop 410 and I-10
  3. S. 281 and I-35
  4. West Loop 1604 North and Highway 16
  5. Northeast Loop 410 and I-35
  6. North Loop 1604 East and I-35
  7. Alamo Ranch Parkway and Westwood Loop
  8. Northeast Loop 410 and Walzem Road
  9. Northwest Loop 410 and Wurzbach Road
  10. Northwest Loop 410 and San Pedro Avenue
Many different issues can make an intersection more dangerous than others. These include poor or unsafe roadway designs, lack of proper traffic signals or markings, confusing pedestrian crosswalks, an increased risk of speeding or drunk driving, a higher amount of pedestrian traffic, no designated left-turn lane, no left-turn signal, and congested traffic at peak hours.

How to Stay Safe at Dangerous Intersections

If possible, take an alternate route to avoid having to pass through the most dangerous intersections in San Antonio. If you must drive through these intersections, be proactive in keeping yourself safe – especially as a bicyclist or pedestrian, as you are at the greatest risk of suffering serious injuries in a collision. The most common causes of intersection accidents include:
  • Driver inattention
  • Not looking before turning or proceeding into the intersection
  • Turning with an obstructed view of the road
  • Running a red light
  • Making an illegal turn
  • Distracted driving
  • Misjudging the distance or speed of other vehicles
Never assume other drivers are paying attention or obeying roadway rules. Instead, drive defensively by assuming the opposite. Be aware of your surroundings while crossing through an intersection. Maintain a safe speed and prepare to hit the brakes at any given moment. Never drive, bike or walk while distracted. Stay vigilant, pay attention, obey traffic laws and yield the right-of-way to others when applicable.

What to Do If You Get Injured in an Intersection Accident

Some intersection accidents are not within your power to prevent. You cannot control the actions of other drivers. If you get into an intersection accident in San Antonio, Texas, stay calm and call the police to report the wreck. Do not admit fault for the collision while giving the police officer your side of the story. If the crash involves any injuries, request an ambulance. Collect evidence while still at the scene of the intersection accident, if it is safe to do so. Take photographs of the wrecked vehicles and other details at the scene, such as traffic signs and road markings. Go to a hospital in San Antonio immediately for professional medical care. Follow your doctor’s treatment plan and obtain copies of your medical records. Then, contact a car accident attorney for help. An attorney can help you go up against another driver in pursuit of financial compensation from his or her insurance company. Your lawyer will have experience handling intersection accident claims and can guide you through complicated legal processes. Contact a lawyer today for help with your claim.
Posted by Aaron Herbert at 1:09 pm

What Are the Damages for Pain and Suffering in Truck Accident Cases?

Monday, August 23, 2021

A successful truck accident injury claim in Texas can result in damages paid for your related injuries and losses. Damages is the legal term for financial compensation. You may know that you are eligible for the reimbursement of your medical costs and vehicle repairs after a truck accident; you may not realize, however, that you could also recover for pain and suffering. Learn more about this category of damages to make sure that you request the full value of your claim.

Damages for Pain and Suffering in Truck Accident Cases

What Types of Damages Can You List as Pain and Suffering?

Pain and suffering is also referred to as noneconomic damages. This is a type of financial award available to cover a plaintiff’s intangible losses associated with the accident. Truck accidents are not only about economic losses such as hospital bills; crash survivors also suffer a significant amount of personal grief, distress and anguish. The civil justice system allows victims to seek financial compensation for these losses, which may include:

  • Physical pain and suffering
  • Permanent scarring or disfigurement
  • Lost physical capabilities
  • Emotional distress
  • Trauma
  • Mental anguish
  • Post-traumatic stress disorder
  • Anxiety or depression
  • Diminished quality of life
  • Loss of daily enjoyment of life
  • Loss of consortium
  • Grief over wrongful death

Another word for noneconomic damages is general damages. It is given this term due to the fact that the average plaintiff will reasonably suffer these losses in such an accident. This is in contrast to specific damages, which is the term for the exact economic losses associated with a truck accident, such as medical bills and lost wages.

Proving pain and suffering is more difficult than proving economic damages. You will not have receipts giving an exact value for pain and suffering. Instead, proving this type of loss will take evidence such as witness testimony, testimony from your therapist or psychologist, a medical diagnosis for a mental health condition, photographs, videos, and an injury journal.

What Is the Average Pain and Suffering Award in a Truck Accident Case?

The pain and suffering associated with a truck accident can be immense. Many truck accidents are catastrophic due to the size and weight of the big rig. A catastrophic accident means that it causes detrimental damage to a victim, such as a traumatic brain injury, spinal cord injury with paralysis or the loss of a limb. Many truck accidents are also fatal.

There is no average pain and suffering amount awarded in a truck accident case. If an injured crash victim receives pain and suffering damages, the amount given will depend on factors unique to the specific case, such as the severity of the victim’s injuries. A jury has full discretion over the value of a pain and suffering award, meaning they can choose any amount deemed appropriate. The jury may or may not use an established method to calculate pain and suffering.

The pain and suffering endured as an injured victim or surviving loved one cannot be measured in dollars. Seeking compensation for your personal losses, however, is a form of justice against the at-fault party that can help you move forward. A fair award can allow you and your family to look toward the future with greater financial stability and peace of mind.

How Do You Get the Amount That You Deserve?

Pain and suffering is an important part of your truck accident lawsuit. This is often the amount that you get to keep after paying off your medical debts and attorney’s fees. The value of your pain and suffering can be substantial in a serious or catastrophic truck accident case. Be aware, however, that an insurance company may try to get you to settle for a low amount.

The best way to fight for the settlement or judgment award that your case demands is with assistance from an experienced truck accident attorney in Dallas. An attorney can help you better understand pain and suffering, calculate a fair amount, and negotiate a positive outcome on your behalf. An attorney can help you avoid settling for less than you deserve.

Posted by Aaron Herbert at 2:48 pm

How Do You Find the Best Motorcycle Accident Attorney to Handle Your Case?

Saturday, August 21, 2021

Hiring a motorcycle accident attorney to help you with your injury case can make it easier to recover the financial compensation that you deserve. The right attorney can stand by your side throughout the legal process, answering your questions and improving your peace of mind when you need help the most. A good lawyer can also fight for the best possible case outcome using proven legal strategies. Use these tips to find the best motorcycle accident attorney for you.

How Do You Find the Best Motorcycle Accident Attorney to Handle Your Case? 2

Research Your Options

Research is your friend as an injured motorcycle accident victim. It is important to take the time to research all of the options in your city so that you feel confident in your choice. There are a few different ways to research motorcycle accident lawyers. Start by asking friends and family members who have been in similar positions and had to hire personal injury lawyers. They may have a referral that you can use to find a good fit.
If not, you can use bar associations or lawyer directories that are accessible online. You can search using trusted directories such as Avvo, Martindale-Hubbell or NOLO to identify several options in your region. You can also begin with a simple Google search. Be sure to include your practice area and your location for tailored results, such as “motorcycle accident lawyer Dallas, Texas.” Make a list of a few potential options based on the firm’s location, experience in your practice area and whether they’re accepting new clients.  Then, narrow your list down to a final two or three choices.

Schedule Free Consultations

Contact each law firm using the phone number or the website’s online consultation form, if applicable. Verify that the law firm offers a free initial consultation. If so, schedule a meeting at a time and place that works for you. If you cannot leave your home or hospital because of your motorcycle accident, find an attorney who is willing to travel to you. Schedule free consultations with multiple choices so that you can select the right one for you and your case.

Ask Questions

Prepare for your free case evaluation by creating a list of the most important questions to ask an attorney. The consultation is your opportunity to ask any questions that you might have about your motorcycle accident case, as well as how the law firm operates. Use the consultation to gain a better understanding of your legal matter as well as choose the correct attorney for your needs. Get the most out of your consultation with a lawyer by asking the following questions:

  • How many years of experience do you have handling motorcycle accident cases?
  • Can you handle a case involving catastrophic injuries?
  • Do you have the power to go to trial, if necessary?
  • Do you have a history of successful case results for former clients?
  • Who is the attorney who will actually be handling my case?
  • How long do you think my case will take to resolve?
  • How much do you think my case is worth?
  • How much are your attorney’s fees?
  • Do I have to pay even if you don’t win my case?

The attorney that you choose should make you feel confident in his or her ability to handle the unique obstacles and challenges that may come with your lawsuit, such as a liability dispute or catastrophic injuries. The attorney should be honest, straightforward and forthright during your consultation. Attend multiple free consultations with different attorneys to make sure that you select the right one. In the end, trust your instincts and retain the motorcycle accident attorney that you feel is the best.
If you wish to schedule a free case evaluation at The Law Firm of Aaron A. Herbert, P.C., contact us today.

Posted by Aaron Herbert at 1:14 pm

Texas Motorcycle Insurance Requirements & Laws

Friday, August 20, 2021

Purchasing auto insurance is an important part of being a responsible citizen in Texas. Insurance is a guarantee that you can afford to pay for any damage that you cause in a motor vehicle accident. Operating a motor vehicle, including a motorcycle, without the required insurance or proof of financial responsibility is against the law. Learn how Texas’ insurance laws work as a motorcyclist.

Texas Motorcycle Insurance Requirements & Laws 4

What Insurance Is Required by Motorcyclists in Texas?

Texas requires automotive insurance for all motor vehicle drivers. It requires liability insurance, which pays for others’ medical bills and property damage after a collision. All registered vehicle operators must carry at least the minimum required amounts of liability insurance to avoid penalties in Texas. This includes a rider who operates a registered motorcycle. The minimum amounts of insurance required by a motorcyclist in Texas are:

  • Bodily injury liability insurance per person: $30,000
  • Bodily injury liability insurance per accident: $60,000
  • Property damage liability insurance: $25,000

A motorcycle operator has the option of paying extra for additional types of vehicle insurance, as well. If a motorcyclist wishes to have insurance pay for his or her own damage after an accident, for example, the motorcyclist will need to purchase collision and/or comprehensive coverage. Uninsured/underinsured motorist insurance is also available to pay for an accident with someone who does not have enough insurance to fully pay for your losses.

Are There Alternatives to Standard Motorcycle Insurance in Texas?

Texas is unique in that it allows drivers and motorcyclists to use an alternate type of proof of financial responsibility instead of traditional car insurance. You can meet Texas’ insurance requirements as a motorcyclist with a $55,000 deposit to the county comptroller or county judge, a surety bond with the county clerk with two others who own real property in Texas, or a certificate of self-insurance through the Texas Department of Transportation.

What Happens if You Get Pulled Over While Uninsured in Texas?

If a law enforcement officer pulls you over on your motorcycle while you are uninsured or underinsured, you could face a traffic ticket and a fine. The officer may also suspend your motorcycle license until you can show proof of insurance or even impound your bike. As an additional penalty, you may also be required to purchase SR-22 insurance for your motorcycle for the next few years, which is more expensive than standard insurance.

Whose Insurance Pays for a Motorcycle Crash in Texas?

Texas is a fault-based car insurance state when it comes to assigning financial responsibility for a traffic accident. This law states that the insurance provider of the individual who caused the crash is responsible for paying for related injuries and losses. If you cause a crash as a motorcyclist in Texas, your auto insurance will pay for the other party’s property damage and medical bills. If the other driver crashed into you, on the other hand, his or her insurance will pay your bills. In a no-fault state, all drivers seek compensation from their own insurance providers, regardless of fault.

What Happens if You Get Into an Accident While Uninsured?

If you are involved in a motorcycle collision in Dallas while you are uninsured or underinsured, this can cause issues during the processing of your claim. If you caused or even slightly contributed to the collision, you may be responsible for paying for part of the damage. If you don’t have insurance to cover these costs, you may have to pay out of pocket.
If you did not cause the motorcycle wreck, you can file a claim with the insurance company of the other driver. In this case, your medical expenses and property damage repairs should be covered by the other driver’s insurance. If the other driver does not have enough insurance to pay for all of your losses, however, and you are uninsured, you may have to make up the difference with your own money. If you had insurance, it would provide secondary coverage.
For additional information about insurance coverage after a motorcycle accident in Texas, consult with an attorney in Dallas.

Posted by Aaron Herbert at 2:01 pm

How to Prove Negligence in Motorcycle Accident Cases

Thursday, August 19, 2021

If you file an insurance claim or personal injury lawsuit for a motorcycle accident in Texas, your case will most likely involve the legal theory of negligence. Negligence is a nuanced part of personal injury law with many related rules and requirements. If you need assistance proving or establishing negligence in your motorcycle accident case, consult with an experienced Dallas motorcycle accident lawyer.

How to Prove Negligence in Motorcycle Accident Cases 6

What Is Negligence?

Negligence is the failure to uphold one’s duty of care, resulting in an accident or injury to others. A duty of care is a legal obligation to exercise a reasonable amount of care according to the circumstances. For example, all motor vehicle drivers have a duty to reasonably prevent collisions. In motorcycle accident law, negligence often takes the form of driver errors, such as violating a traffic law or driving carelessly. Common examples include:

  • Speeding
  • Driving distracted
  • Driver inattention
  • Driving under the influence
  • Reckless driving
  • Illegal turns
  • Cutting off a motorcyclist
  • Following too closely
  • Unsafe lane changes
  • Failure to yield
  • Running lights and stop signs

In Texas, proving negligence is generally a requirement before you can recover financial compensation for a motorcycle accident. This is because the state uses a fault-based insurance law, where the driver or party at fault for the collision is financially responsible or liable. In a no-fault state, by contrast, all victims will seek benefits from their own insurance providers, regardless of who caused the collision.

What Are the Four Elements of Negligence?

In a motorcycle accident claim, the burden of proving negligence rests with the injured victim, known as the plaintiff. The burden of proof in the civil justice system is lesser than in the criminal justice system. It is a preponderance of the evidence, or enough clear evidence to convince a judge and jury that the defendant more likely than not is responsible for the injuries in question. The burden of proof in a criminal case, on the other hand, is proof beyond a reasonable doubt.
Having the burden of proof means that it is you or your motorcycle accident lawyer’s responsibility to establish the defendant’s negligence. This takes evidence of four elements:

  1. Duty
  2. Breach of duty
  3. Causation
  4. Damages

In essence, your lawyer must demonstrate that the defendant owed you a duty to exercise reasonable care, failed to fulfill this duty through a careless or reckless act, and caused your motorcycle wreck. If the defendant did not act in a way that a reasonable and prudent driver would in the same circumstances, and your accident would not have happened but for this negligence, the defendant will be liable. There must also be evidence to demonstrate that you suffered compensable losses in the collision.

Evidence to Prove Negligence in a Motorcycle Accident Case

Proving negligence in a motorcycle accident case will come down to the strength of your evidence. This is why it is important to call the police immediately after your motorcycle crash to obtain an official police report. You can also collect other types of evidence at the scene, such as the other driver’s information, photographs of the crash and eyewitness phone numbers. Common evidence used in a motorcycle accident lawsuit includes:

  • A copy of the police report
  • Citations issued by a police officer
  • Videos and photographs
  • Surveillance footage
  • Signed eyewitness statements
  • The motorcyclist’s helmet, clothing and motorcycle
  • Accident reconstruction
  • Expert testimony
  • Medical records and documentation
  • An injury journal kept by the victim

Hiring an experienced motorcycle accident lawyer can make it easier to prove your case. A lawyer can return to the scene of your motorcycle accident to collect evidence on your behalf, such as surveillance footage from nearby businesses. A lawyer will also have connections to investigators and accident reconstruction experts who can demonstrate to an insurance company how the defendant is at fault for the wreck. For more information about proving a motorcycle accident case, contact an attorney in Dallas.

Posted by Aaron Herbert at 10:10 am

How to Deal With Insurance Companies After a Truck Accident

Wednesday, August 18, 2021

Insurance companies are for-profit. Although they advertise with slogans such as, “On Your Side,” they do not care about you as much as they care about their bottom lines. This is why it is important to understand how to deal with an insurance company after a truck accident. If you wish to obtain a fair settlement, take certain steps to protect your rights.

Dealing With Insurance Companies After a Truck Accident

Be Polite But Guarded

You may know that an insurance company doesn’t want what is best for you, but you should still remain polite during conversations with insurance representatives and claims adjusters. Being rude or angry will not convince the insurance company to give you a better settlement. Be friendly during your conversations, while at the same time being wary of their tactics and conscious of protecting yourself.

Don’t Admit Fault

First, do not admit fault for the truck accident. Do not take accountability for the accident or say that you’re sorry, as this could be taken as an admittance of guilt. Even if you believe you played a role in the accident, something else may have also contributed, such as a dangerous roadway or distracted truck driver. Rather than admitting fault upfront and losing your right to recover, wait for an investigation to determine the cause of the crash.

Keep Your Answers Short and Simple

The insurance claims adjuster will begin the investigation by asking you questions about the truck accident. Keep in mind that the trucking company’s insurance carrier wants the truck company to win. Even if you are speaking to your own insurance provider to resolve your claim, they will want to diminish your payout as much as possible.

Rather than giving the insurance company too much information with long, narrative answers, keep your answers short and to the point. Give the facts of the case as you know them, such as the date and location of the crash, but do not speculate. If you don’t know the answer to a question, say this. If you don’t feel comfortable speaking to a claims adjuster after a truck accident, you have the right to hire an attorney to communicate on your behalf.

Decline to Give a Recorded Statement

Requesting a recorded statement from you is a common tactic used by insurance companies to get you to say something that they can use against you later. If you are recorded as saying that your injuries aren’t very serious, for example, it can be more difficult to obtain fair compensation if you are diagnosed with further injuries later. Never say yes to giving a recorded statement to an insurance company. Instead, politely explain that you or your attorney will submit a written statement later.

Understand Your Rights

You have more power than you might realize during insurance claim negotiations after a truck accident. Although the insurance representative working on your claim may sound confident in an assessment of your losses or the value of your claim, this is a strategy to convince you to settle for less than you deserve. Disregard scare tactics, such as telling you that a settlement is the best or final offer. You always have the ability to negotiate for a better settlement value, even if that means taking your case to court.

Hire a Truck Accident Attorney for Assistance

Insurance companies are experts at devaluing claims and diminishing client payouts. Trucking companies are also practiced at using their significant resources to dismantle claims against them. For example, they often send rapid response teams to the scenes of truck accidents immediately – even before the police arrive – to investigate and collect evidence. While these teams are allegedly unbiased, they work for the trucking company and may interfere with your ability to collect evidence of your own.

The best way to level the playing field between you and an insurance company after a truck accident is by hiring a truck accident attorney in Dallas. An attorney understands the tactics used by insurance companies to avoid liability and large payouts and can help you navigate your claim for the best possible outcome. An insurance company is more likely to take you seriously and treat your claim fairly if you hire a lawyer to represent you.

Posted by Aaron Herbert at 3:27 pm

Can You Get Punitive Damages After a Truck Accident in Texas?

Friday, August 13, 2021

You may be eligible for financial compensation as a victim or a surviving loved one of a truck accident in Texas. While no dollar amount can take back what happened to you, a fair settlement or judgment award can give you the money that you need to put your life back together and move forward. One category of damages that you may not be aware of is punitive damages. Punitive damages are available in limited circumstances.

Can You Get Punitive Damages After a Truck Accident in Texas?

What Are Punitive Damages?

The purpose of an insurance claim or personal injury lawsuit is to reimburse an injured victim for the losses suffered in an accident. The financial compensation awarded to a victim to make him or her whole again is known as compensatory damages. Compensatory damages make up for a victim’s financial and personal losses, including medical bills, lost wages, and pain and suffering. Punitive damages, on the other hand, are awarded to punish the defendant.

Punitive damages are exemplary. This means that they come in addition to compensatory damages. Punitive damages are above and beyond economic and noneconomic damages. This is why a plaintiff must prove his or her eligibility for punitive damages before receiving this type of award. The plaintiff or plaintiff’s attorney must demonstrate that punitive damages are warranted based on the circumstances.

What Does Texas Law Say About Punitive Damages?

The laws surrounding punitive damages in a truck accident case differ from state to state. Some states do not allow for the recovery of punitive damages at all. Most, however, will grant an injured victim punitive damages if a specific set of circumstances exists. Texas Civil Practice and Remedies Code Section 41.003 states that exemplary damages may only be recovered if the claimant can prove using clear and convincing evidence that his or her injuries resulted from:

  • Fraud. Fraud means to knowingly or recklessly make a false representation to the plaintiff. For example, a trucking company may be guilty of fraud if it knowingly destroys evidence of a violated safety regulation.
  • Malice. The law defines malice as specific intent by the defendant to substantially injure the claimant or cause serious harm, such as a truck driver experiencing road rage and intentionally ramming another car.
  • Gross negligence. Gross negligence is a defendant’s disregard for an extreme degree of risk to the plaintiff. If an action is foreseeably dangerous but the defendant proceeds anyway, with a conscious indifference to the safety or welfare of others, this is gross negligence.

In general, if you wish to get punitive damages after a truck accident in Texas, you or your attorney must show that the defendant(s) – such as the truck driver or trucking company – was reckless, had a wanton disregard for the safety of others or maliciously intended to harm you and that this is what caused your injury. Your lawyer will need to establish this using a preponderance of the evidence, or enough evidence to prove fault as more likely than not to be true.

How Much Are Punitive Damages Worth?

If your lawyer makes a strong case for punitive damages, a judge or jury may grant this award in an amount deemed appropriate based on your circumstances. There is no average amount in punitive damages that will automatically apply to your case. Instead, values are determined on a case-by-case basis, according to factors such as the nature of the defendant’s actions and the severity of the plaintiff’s injuries.

Is There a Cap on Punitive Damages in Texas?

The courts have full discretion over how much to grant in punitive damages, if any. However, the amount cannot exceed Texas’ cap on punitive damages. State law says that a punitive damage award may not exceed the greater of $200,000 or twice the amount of the victim’s economic damages plus an equal amount of noneconomic damages (up to a maximum of $750,000).

For more information about how much your truck accident lawsuit might be worth, including in punitive damages, consult with a truck accident lawyer in Dallas.

Posted by Aaron Herbert at 1:29 pm

Can You Get PTSD After a Motorcycle Accident?

Thursday, August 12, 2021

Many people associate post-traumatic stress disorder (PTSD) with soldiers who have been in active war zones. Although this is a common cause of PTSD and psychological trauma, it is not the only cause. Living through any type of trauma, including automobile accidents, can result in post-traumatic stress disorder. If you are diagnosed with PTSD after a motorcycle accident, you may be entitled to list it as a damage on your insurance claim.

What Is PTSD?

PTSD is a psychiatric disorder that occurs in people who experience or witness traumatic events. This can include combat, crimes, violence, death, sexual assault, abuse, motor vehicle accidents and natural disasters. It is an anxiety problem that can cause a variety of symptoms, often first noticeable in the days after the accident. PTSD is common among survivors of serious motor vehicle accidents, including vulnerable motorcyclists.
Surviving a motorcycle crash can result in post-traumatic stress disorder due to the psychological trauma the motorcyclist endures during and after the accident. Motorcycle accidents are often catastrophic for unprotected riders. Without the protective metal shell of a typical car, the mechanics of a crash can be especially loud, abrupt and distressing for a motorcyclist. A rider can also get PTSD from the pain of the injuries suffered in the crash, as well as emotional distress due to permanent scarring, disfigurement or disability.

Can You Get PTSD After a Motorcycle Accident? 11

What Are the Symptoms of PTSD After a Motorcycle Accident?

PTSD after a motorcycle crash can have many psychological effects on a rider. The motorcyclist may experience sudden flashbacks of the crash or nightmares about the accident. The rider may also wish to avoid certain events and actions, such as getting back on the motorcycle. In general, the symptoms of PTSD have to do with fear and anxiety surrounding the crash and related activities. No two victims are exactly alike, however.
Common symptoms include:

  • Recurring flashbacks or memories
  • Intrusive thoughts about the accident
  • Edginess or irritability
  • Being easily startled
  • Anxiety
  • Being obsessed with details of the crash
  • Mood swings and outbursts
  • Excessive anger
  • Trouble sleeping
  • Nightmares
  • Depression
  • Emotional numbness
  • Loss of interest in favorite activities, including riding
  • Trouble concentrating

Treatments for PTSD often include therapy and good self-care. In most cases, the symptoms of PTSD subside on their own within one month. If they last longer than this or feel severe, talk to a doctor or psychologist for additional treatment.

Can You Seek Financial Compensation for Motorcycle Accident PTSD?

Yes, it is possible to obtain financial compensation for PTSD after a motorcycle accident in Texas. The civil justice system allows the recovery of both economic and noneconomic damages. PTSD is a type of noneconomic damage, meaning that although it did not financially impact the victim, it significantly affected his or her life. PTSD is grouped with losses such as physical pain, suffering, emotional distress, mental anguish and loss of consortium.
To prove post-traumatic stress disorder during a motorcycle accident claim, you generally need an official diagnosis from a doctor or mental health professional. See a professional as soon as you notice potential signs of PTSD after a motorcycle crash. Even without a diagnosis, you may be eligible for financial compensation for your noneconomic losses if you can prove them with evidence such as witness statements from friends and family members, mental health expert testimony, and an injury journal.
If you need assistance proving PTSD or negotiating for fair financial compensation, consult with a motorcycle accident lawyer in Dallas. A lawyer will have the legal experience and knowledge you need for a strong claim to damages. Hiring a lawyer can be especially important if you plan on pursuing compensation for emotional distress or mental health conditions, such as PTSD, as you may not have hard evidence proving these losses. Talk to an attorney today for more information.

Posted by Aaron Herbert at 1:26 pm

5 Steps You Should Take After a Truck Accident in Texas

Wednesday, August 11, 2021

Being involved in any type of traffic accident in Texas can be frightening and confusing. It is normal to feel overwhelmed and not know exactly what you are supposed to do in the aftermath of a crash. This is especially true in a serious or catastrophic accident, such as one involving a commercial truck. There are many different causes for these types of accidents, so we’ve compiled some helpful tips for you. If you need to, write down the following steps and keep the list in your glovebox for emergencies. Taking the correct steps immediately after a truck accident can go a long way toward protecting your legal rights as a victim.

5 Steps You Should Take After a Truck Accident in Texas

Report It to the Police

Always call the police after a truck accident in Texas. State law requires immediate crash reporting to local law enforcement if the accident involves property damage in excess of $1,000, or injuries or deaths. Most truck accidents meet this threshold. Even if you’re not sure if your crash is serious enough to require reporting, calling the police can help you by creating an official accident report with key details about the crash. Your insurance company will ask for a copy of this report later to process your claim.

Exchange Information With the Truck Driver

While you are waiting for the police to arrive, do what you can to gather information. If you are too badly injured, let the police get this information for you while you’re assisted by paramedics. If possible, however, you should always exchange information with the other driver. This includes your full name, address and insurance information. It can also be helpful to write down the truck number and name of the trucking company (often found on the side of the cab of the truck), as well as the vehicle registration and license plate numbers. You will use this information for your insurance claim.

Take Pictures at the Crash Scene

If possible, take pictures at the scene of the truck accident before you leave to go to a hospital. Photographs and videos of the crash before it is cleaned up can provide important information about why the crash took place, such as photographs of a dangerous pothole in the road or a blown-out tire on the truck. If you are too badly injured to take photos yourself, ask someone else at the scene to take them for you, such as the reporting police officer, a friend or family member, or an eyewitness. Writing down eyewitness information can also be useful.

Go to the Hospital Immediately

Never delay in seeking medical care after a traffic accident. Even if you don’t have health insurance, you’re in a hurry to get somewhere or you feel fine, it is imperative to take the time to see a doctor right away. Delaying medical care can make it more difficult to obtain fair compensation from an insurance company, even if you didn’t cause the accident, as the insurer may allege that you failed to mitigate your injuries by waiting too long to see a doctor. Keep in mind that some injuries have delayed symptoms due to the adrenaline of the crash. Getting an immediate medical evaluation can diagnose a hidden injury.

Contact Your Insurance Company

Call your auto insurance company as soon as possible – ideally within 24 hours of the truck accident. Explain that you were involved in an accident with a commercial truck and provide the basic details about the crash, such as the time, date and location. Do not admit fault for the accident, however, and do not agree to give the insurance claims adjuster a recorded statement.

Remember that your insurance company is not on your side. The insurer wants to save itself money by minimizing your payout. Whether or not you manage to carry out all of these steps, a truck accident lawyer in Dallas can help you with an accident claim. A lawyer can assist you with the necessary processes while protecting your rights. A lawyer can also negotiate with an insurance company to increase your chances of securing fair compensation.

Posted by Aaron Herbert at 2:33 pm