What to Do When You’ve Been Hit by an Uninsured Driver in Texas

Monday, September 27, 2021

Car insurance or other proof of financial responsibility is mandatory for every driver in Texas. You could still, however, be at risk of getting into an accident with an uninsured driver. Many drivers in Texas break the insurance law by letting their policies lapse – either knowingly or unknowingly. Take the following steps if you’ve been hit by an uninsured driver for the best odds of securing financial compensation.

What to Do When You’ve Been Hit by an Uninsured Driver in Texas 1

Call the Police

It is a legal requirement in Texas to call the police after any automobile collision that results in an excess of $1,000 in property damage or injuries or death. If you find out that the other driver does not have insurance, call the police while still at the scene, even if it does not appear to be a serious accident. The police can penalize the uninsured or underinsured driver with a traffic citation and a fine and may suspend the driver’s license until he or she can show proof of insurance. This can prevent subsequent uninsured motorist accidents involving the same driver.
It is also important to call the police for insurance purposes. Since you will most likely be filing a claim with your own insurance provider, you need to prove that the other driver involved in the wreck does not have insurance. A police accident report detailing each driver’s car insurance policies – or lack thereof – can provide evidence that the other motorist was unlawfully driving without insurance. The accident report will also contain other facts, such as the time, date and location of the accident.

Contact Your Auto Insurance Provider

Without the at-fault driver’s auto insurance available to cover your medical bills and other losses, you will need to rely on other sources for financial compensation. If you have health insurance, this can help, but it typically requires some out-of-pocket costs. For this reason, you should try to file a claim with your auto insurance provider instead.
In Texas, if you wish to opt out of uninsured motorist coverage when purchasing a policy, you must submit a written form to the insurance provider. If you don’t remember taking this step, you most likely have uninsured motorist coverage. This can pay for your damages after being hit by an uninsured driver. After the accident, contact your auto insurance provider to find out if you have this type of coverage. If so, it can pay for your property repairs, medical costs and other losses up to the limit on your policy.

Make a Complaint to the Texas Department of Public Safety

Hold the uninsured driver accountable by filing a complaint to the Texas Department of Public Safety (DPS). The DPS could suspend the driver’s license and vehicle registration to prevent him or her from continuing to drive uninsured. The DPS could also help you recover financially for your losses arising from the collision. You may have grounds to file a claim with the DPS if the accident happened within 22 months, the collision took place on public property, you have an accident report showing that the party was uninsured, the report indicates that you were not at fault, and you suffered injuries or losses worth at least $1,000.

Consider a Personal Injury Claim

Another possibility for compensation could be a personal injury claim against the at-fault driver or another party, such as the city government. In many cases, a driver who does not have car insurance also cannot pay a personal injury judgment. However, there are circumstances where the defendant does have the means to pay. A car accident lawyer in Dallas can investigate your specific case to search for defendants who can pay. For more information about what to do after being hit by an uninsured driver in Texas, find an experienced lawyer to represent you.

Posted by Aaron Herbert at 11:11 am

The Basics of Statutes of Limitations in San Antonio Car Accident Claims

Friday, September 24, 2021
If you get injured in a car accident in Texas, it is vital that you file an injury claim before the state’s statute of limitations. This is a strict time limit that all injury claimants must obey. With only a few exceptions, if you miss your statute of limitations, the courts will dismiss your case. Discuss your exact time limit to file with a San Antonio car accident lawyer today.

What Are Statutes of Limitations?

Statutes of limitations are legally enforced deadlines that require injured accident victims (plaintiffs) to file their causes of actions by a certain date. The purpose of the statute of limitations is to encourage prompt and timely filing. This can ensure important evidence is still available, such as accurate statements from eyewitnesses. Statutes of limitations also keep the justice system fair by preventing plaintiffs from holding the possibility of a lawsuit over defendants’ heads indefinitely.

Two-Year Statute of Limitations on a Typical Car Accident Claim

Texas Civil Practice and Remedies Code Section 16.003 is Texas’ statute of limitations on personal injury and property damage claims. This statute states that with only a few exceptions, a person must bring a lawsuit for an injury or property damage no later than two years after the date of the accident. The two-year deadline applies to most car accident cases in Texas and San Antonio, including crashes that cause catastrophic injuries. Failing to file the paperwork to bring a lawsuit within two years of a car accident may bar you from financial recovery.

Exceptions to the Rule

It is important to note that the statute of limitations in Texas has some exceptions to the general two-year deadline. Always speak to a car accident lawyer before assuming you have missed your deadline and forfeited the right to file. A lawyer may be able to identify an exception that gives you additional time to file. You may also have less than two years to file, however, depending on your type of case. Exceptions to Texas’ statute of limitations include:
  • The discovery exception. The discovery rule tolls, or extends, the statute of limitations if the victim discovers his or her injury on a date later than that of the accident. The clock won’t start ticking in these cases until the date the victim discovered or reasonably should have discovered the injury.
  • Wrongful death claims. If you are filing a lawsuit for the wrongful death of a loved one in a car accident, you have two years from the date of his or her death, rather than the date of the collision.
  • Claims involving criminal charges. If your car accident case involves hit-and-run, driving under the influence, or another crime, the courts may toll your deadline until the completion of the criminal case against the defendant.
  • Claims against the government. In Texas, you must file a claim against a local or state government within just six months of the car accident.
  • Claims involving minors. If your car accident case involves injury to a minor, the minor generally has two years from his or her 18th birthday to file a lawsuit. If you wish to file a claim on behalf of your minor child, however, you have two years from the date of the accident.
There are many confusing rules related to Texas’ statutes of limitations, and state laws are constantly changing. It is critical to talk to a lawyer about your statute of limitations to understand how long you have to file a car accident lawsuit.

When Should You File Your Car Accident Case?

If you miss your filing deadline, you risk giving up the right to hold one or more parties financially responsible for your recent car accident in San Antonio, Texas. The best way to protect your right to recover is by filing a car accident case as soon as possible. Contact an attorney immediately after getting into a car crash in Texas for help filing by the deadline.
Posted by Aaron Herbert at 1:13 pm

What to Do if Your Child Was Injured in a Bicycle Crash

Friday, September 24, 2021

Your child could be at risk of a serious accident while riding a bicycle, especially on public streets or sidewalks. No matter how well you have trained your child to be careful, dangerous and distracted drivers could put him or her at risk. According to the Centers for Disease Control and Prevention, children ages 19 and younger have the highest rates of nonfatal bicycle accident injuries. If your child gets injured in a bicycle crash in Dallas, take the following steps.

What to Do if Your Child Was Injured in a Bicycle Crash 3

Call the Police

If the bicycle accident involves a motor vehicle driver, call the police immediately while you are still at the scene. Getting a police accident report is important if you wish to protect your legal right to hold the driver accountable. Never accept cash from the driver in exchange for not notifying the police or calling their insurance company.

Take Photographs

While you are waiting for the police to arrive, use your smartphone or a camera to take photographs of the scene of the bicycle accident. Pictures of the scene can help reconstructionists piece together how and why the accident took place. This can help you prove the fault of a motor vehicle driver, a roadway hazard or a defective bicycle part.

Get the Driver’s Information

Start gathering information and evidence as soon as possible. While you are still at the scene, write down the driver’s name and contact information, as well as the names and phone numbers of any eyewitnesses. You should also get the driver’s license number, plate number and insurance information.

Seek Medical Care

Bring your child to a doctor or hospital after a bicycle accident. Even if your child appears to be fine, he or she may have an injury with hidden or delayed symptoms. Concussions and more serious traumatic brain injuries, for example, may not show signs or symptoms right away. Going in for a checkup after a bicycle crash can confirm whether or not your child is injured and provide the necessary medical care for any injuries. Furthermore, seeking medical attention can help you build an insurance claim.

Call the Insurance Company

In Texas, the driver or party at fault for a collision will be responsible for paying for medical bills and property repairs. After your child gets into a bicycle accident, you will need to determine fault before you can file an insurance claim. If your child is to blame, call your own car insurance provider. If the other driver caused the crash, such as by failing to yield the right-of-way, running a stop sign, speeding or driving distracted, call that driver’s insurer. You may need assistance from an attorney or a police officer to determine fault for the bicycle accident.

Protect Your Rights

Even in a bicycle accident case involving a child, an insurance company will put its bottom line first and may try to avoid paying you the financial compensation that your family deserves. Be careful when speaking to an insurance claims adjuster, as this person works for the insurance company and is trained to save the company as much money as possible on your claim. Do not admit fault, give a recorded statement or accept a settlement when talking to the insurance adjuster.

Consult With a Bicycle Accident Attorney

Contact a bicycle accident lawyer in Dallas as soon as possible if your child is injured in a bicycle crash. A lawyer will be on your side and will work for you, not an insurance company. Your attorney can carefully investigate the accident, collect evidence, determine fault, and help you and your family get everything that you need during this difficult time. This includes medical care from top pediatricians. For more information about a bicycle accident legal claim, contact an attorney today.

Posted by Aaron Herbert at 11:04 am

What to Do if You’re Involved in an Accident With a Rideshare Car

Wednesday, September 22, 2021

Being involved in a standard car accident in Texas can be confusing enough. A collision involving a rideshare car, such as an Uber or Lyft vehicle, can be even more complicated as an injured victim. You may not know how to protect your rights as a driver or rideshare user. Take the following steps if you are involved in an accident with a rideshare car in Dallas to achieve the resolution that you deserve.


What to Do if You’re Involved in an Accident With a Rideshare Car 5

Check for Injuries

Check yourself and anyone else involved in the accident, including the rideshare driver, for injuries. If anyone appears injured, bleeding or unconscious, call the police immediately. Once it is safe to do so, exit the rideshare vehicle and check those in the other car for injuries. It is a driver’s responsibility to call the police and render aid to those injured after a car crash in Texas. However, even if you are a rideshare passenger, helping others who are injured could save a life.

Call the Police

It is also a driver’s legal responsibility to report the rideshare accident to the police as soon as possible if it causes injuries, deaths or at least $1,000 in property damage. If the Uber or Lyft driver has not called the police, take it upon yourself to do so. Give your location to the police and explain what happened. Then, wait at the scene of the collision for the police to arrive.

Tell Your Story

When the responding officer appears at the scene of the car accident, be sure to give him or her your side of the story. Describe what you saw and what you believe happened without speculating about fault. If you were a passenger in the rideshare vehicle, your own fault for the crash will not be in question. If you were the driver of another car outside of the Uber or Lyft, however, it is important not to admit fault. Instead, let an investigation determine the cause of the wreck.

Collect Information

Gather as much information as you can about the accident before you leave the scene. This includes the date, time, exact location, number of vehicles involved, a description of the vehicles, and the rideshare driver’s name and insurance information. Get names and phone numbers for any eyewitnesses, as well.

Take Photographs

Your goal at the beginning of a rideshare car accident case is to gather any evidence that could prove the fault of the rideshare driver. For example, if the rideshare driver was eating behind the wheel, take pictures of the food wrapper in the front seat. Taking pictures at the scene can provide important evidence. Photographs of both vehicles and the crash scene as a whole can help accident reconstruction experts determine who caused the wreck.

Seek Medical Care

Even if you don’t think you were injured in the crash, go to a hospital in Dallas for a checkup. Your adrenaline could be masking the signs of a serious injury. Immediate medical care for an injury is often required by an insurance company before it will offer benefits for a car accident injury.

Get Help With the Insurance Process

When you are ready to seek financial compensation for your rideshare car accident, contact an attorney before you begin. Both Uber and Lyft offer up to $1 million in insurance coverage for those injured in car accidents involving their drivers. Obtaining your fair share of this coverage, however, can be difficult without assistance from a lawyer.
A Dallas rideshare accident lawyer can help you negotiate with Uber or Lyft’s insurance company for full compensation for your medical bills and other losses. If the rideshare company refuses to treat your claim fairly, your lawyer can take the case to trial, instead. Learn more about what to do after an accident with a rideshare vehicle by contacting an attorney today.

Posted by Aaron Herbert at 11:09 am

What to Do After a Bicycle Accident in Texas

Monday, September 20, 2021

If you get injured in a bicycle accident with a car, truck or van, what you do in the immediate aftermath of the wreck can be critical to the future of your injury claim. Taking the correct steps to protect yourself physically and financially can impact the outcome of any lawsuit that results from the crash. Here’s what to do after a bicycle accident in Texas.

What to Do After a Bicycle Accident in Texas 7

Don’t Admit Fault

For many bicyclists, the initial reaction after an accident is to jump up and apologize to the driver. These are two things that you should not do. Remain where you are and don’t move until you have checked to feel if there is pain, numbness or tingling in your back or limbs. If you believe that you could have a back injury, only move if it is necessary to do so for your personal safety.
Do not apologize to the other driver, as this could be construed as you accepting fault for the collision. Remain polite and calm, but do not admit fault. Even if you think you might have caused the bicycle accident, there may be factors that you are unaware of, such as a malfunctioning traffic light or cell phone use by the driver. Let the police and insurance company investigate the bicycle accident and determine fault.

Call 911

Always call the police after a bicycle accident in Texas. It is a legal requirement to report a crash immediately to the police if it causes injuries or at least $1,000 in property damage. Even if your bicycle accident was relatively minor, involving the police can help by creating an official accident report. Make sure to talk to the police and get your version of events into the accident report. Never accept cash or promises from the driver who hit you in exchange for not calling the police or involving insurance companies. This could result in you settling for much less financial compensation than you deserve – or nothing at all.

Gather Information

Do your best to collect information while you are still at the scene of your bicycle accident. Write down the driver’s name, contact number, insurance company and vehicle information. This includes the vehicle’s identification number and license plate numbers. Write down the names and phone numbers of any eyewitnesses, as well. If you can, take photographs of the crash, including your damaged bicycle, the vehicle and the location of the collision.

Go to a Hospital

It is always important to obtain professional medical care as the victim of a bicycle accident in Texas. Prompt medical care can immediately diagnose an injury that your adrenaline may be hiding, such as a neck, back or head injury. Follow your doctor’s treatment plan. Going to a hospital right away can also show an insurance company that your injuries are serious, and you did what you could to mitigate them.

Contact an Insurance Company

Once you have documented what happened and collected copies of critical records, such as your medical bills and the police accident report, make the call to the driver’s insurance company to file an initial claim. In Texas, the party at fault for a collision will have to pay for damages. You may be eligible for compensation for your medical bills, bicycle repairs, lost wages and other losses from the driver’s insurance provider.

Work With an Attorney

When you are filing a bicycle accident insurance claim in Texas, take care to defend your rights. Do not trust the insurance claims adjuster assigned to review your case. Politely decline to give the adjuster a recorded statement over the phone. Before you sign anything or accept a settlement, consult with a bicycle accident attorney in Dallas to make sure that you are not falling into a trap set to devalue your claim. An attorney will give you trustworthy advice about how to get the most out of your lawsuit.

Posted by Aaron Herbert at 3:56 pm

What Causes Tire Blowout Bicycle Accidents?

Friday, September 17, 2021

There are many reasons why a bicycle could crash. One is the failure of a part or piece of equipment, such as the tires. A tire blowout is different from a flat tire. A blowout is abrupt and explosive, creating a frightening experience for a biker, such as an accident and serious injuries. Understanding the most common causes of tire blowout bicycle accidents can help you determine whether you have grounds for a bicycle accident claim in Dallas.

What Causes Tire Blowout Bicycle Accidents? 9

Poor Bicycle Maintenance

The most common cause of a bicycle tire blowout is wear and tear on the tire. Even the normal use of a bicycle could lead to a blowout in some circumstances. Repeatedly using a bicycle brake, for example, can heat the rims of the tire and elevate the temperature of the tire tube. This can cause the tube to expand and explode. However, factors such as a low-quality tire, incorrect tire pressure, improper tire installation and a lack of bicycle maintenance can increase the risk of a tire blowout.
It is the owner of the bicycle’s responsibility to consistently inspect, maintain and repair the bicycle to make sure that it is in proper working order. This includes inspecting and maintaining the tires. If you were injured in a blowout accident while on someone else’s bicycle, including a rented bike, electric bicycle or company bike, you may have grounds to file a personal injury claim against the owner for negligent (careless) maintenance. This could be a possibility if poor tire maintenance, an old tire in need of replacing or an overinflated tire caused the blowout.

Tire Defects

Many tire blowouts on both motor vehicles and bicycles trace back to defects with the tire. A product defect, such as an issue in how the tire was designed, made or marketed, can increase the risk of the tire popping or exploding while in use on a bicycle. If the tread was defectively manufactured to wear down faster on one tire than the other, for example, the tire may become worn down or bald faster than it should, eventually tearing apart and blowing out in transit.
If a tire contains a defect that makes it more prone to a blowout than a typical bicycle tire, an injured bicycle accident victim may have grounds to file a product liability claim against the tire manufacturer or distributor. If your lawyer can prove that the tire had a defect and that this is what caused the crash, you will not need proof of negligence to secure financial compensation. This is called the strict product liability law. It is in place to protect consumers from large and powerful manufacturers.

Potholes and Road Hazards

A tire may suddenly release all of its air at once if it gets tripped or punctured by a roadway hazard or defect. If the bicycle tire hits a pothole, for example, this could pop the tire and cause a blowout. You may have grounds to file a premises liability case if a property defect caused or contributed to your bicycle tire blowout accident in Dallas. It is the government’s responsibility to ensure the reasonable safety of a public road, and a property owner’s responsibility on private property.

Were You Injured in a Bicycle Tire Blowout Accident?

Most of the top causes of tire blowouts are preventable. They trace back to human error, such as defectively designed tires, poor installation or lack of bicycle maintenance. If you or a loved one gets injured in a bicycle tire blowout accident in Dallas, contact an attorney to discuss your legal options. You may have grounds to file an insurance claim or lawsuit in pursuit of financial compensation for your related medical bills, bicycle repairs and other losses. An experienced attorney can investigate your accident, determine the cause of the tire blowout and assist you throughout the claims process.

Posted by Aaron Herbert at 3:36 pm

Top 5 Car Safety Tips for Accident Prevention

Wednesday, September 15, 2021

Car accidents are a leading cause of injuries and deaths in Texas and throughout the country. In 2020, the Texas Department of Transportation stated that there was one reportable crash every one minute and seven seconds. There were 14,656 serious injuries and 3,896 deaths from traffic accidents in 2020 alone. As a motor vehicle driver, use the following top five car safety tips to decrease your risk of getting into an accident.

Top 5 Car Safety Tips for Accident Prevention 11

Keep Your Vehicle Well-Maintained

Do not underestimate the importance of keeping your vehicle properly maintained. The parts and equipment of your car are what keep it in safe operating condition. Neglecting routine vehicle maintenance, such as checking the tires, fluids, windshield wipers and lights can lead to dangerous equipment breakdowns or malfunctions on the road. A tire in need of replacing could have a blowout in transit, for example, causing a rollover accident. Learn about your car’s safety features and how to use them, as well, such as autopilot features and lane departure warnings.

Practice Defensive Driving

Defensive driving is a technique that can help you be a more prudent driver. It is a driving style that allows a motorist to more easily identify and predict – and, thus, avoid – hazards. Defensive driving goes beyond simply obeying traffic laws and into a greater overall awareness of the road and foreseeable hazards, allowing the driver to make fast and well-informed decisions.
To practice defensive driving, always pay attention to your surroundings. Mark where other motorists are around you, as well as how they are driving. Rather than assuming that the drivers around you are safe and will obey the law, assume the opposite. Be constantly alert to the possibility of a driver near you breaking the rule and putting you in danger. Defensive driving can allow you to react more quickly to changing roadways situations, decreasing your risk of getting into an accident.

Avoid Distractions

Distracted driving is a serious problem. According to the National Highway Traffic Safety Administration, driver distractions are responsible for 3,142 lives lost in 2019. This represented 9 percent of all fatal car accidents that year. Driver distractions, such as cell phones, food and drinks, passengers, and personal grooming, take a driver’s attention away from driving and increase the risk of a car accident.
It is important to avoid anything that might take your eyes, hands or attention off of the driving task. This includes emotional distractions, such as driving angry. Keep children seated and avoid driving with pets to minimize distractions.

Be Aware of Blind Spots

Many drivers underestimate the importance of scanning the road with their eyes or overestimate the capabilities of their mirrors. Every vehicle, no matter how it is designed, has blind spots. Always be aware of your blind spots and do what you can to minimize them by being cautious when changing lanes.
Use your turn signals, travel at a safe speed and only change lanes when you have confirmed that it is safe to do so with your own eyes, not just your mirrors. Be aware of other drivers’ blind spots, as well, especially when driving near a big rig. Do your best to avoid driving directly next to another vehicle while traveling at the same speed.

Never Drive While Impaired

Finally, never drive while impaired. While this refers to the most common form of impaired driving – driving under the influence of drugs or alcohol – it also means driving while impaired by drowsiness or anything else. If your ability to stay awake and alert, pay attention to the road, and physically control a motor vehicle is compromised or impaired by anything, including prescription medications or a medical condition, do not drive. Driving while impaired significantly increases the risk of a car accident.

Posted by Aaron Herbert at 10:12 am

Texas Bicycle Laws You Should Know 2021

Monday, September 13, 2021

As a bike rider in Texas, understanding the laws and rules that apply to you is your responsibility. Obeying Texas’ bicycle laws, as stated by the Texas Transportation Code, can keep you out of the path of motor vehicles and make your actions more predictable to drivers. Learning the Texas bicycle laws for 2021 can improve your safety and reduce your risk of getting into an accident.

Texas Bicycle Laws You Should Know 2021 13

Rules of the Road

In Texas, bicycles are treated much the same way as standard motor vehicles (Section 551.101). Bicyclists are subject to many of the same traffic laws and roadway rules as motor vehicle drivers. For example, a cyclist must travel in the same direction as motor vehicle traffic on the road. It is against the law to ride against traffic. A bicyclist should stay as close to the right-hand edge of the road as possible, except when avoiding a hazard or making a left-hand turn.
Bike riders may ride two abreast with one another in the same lane, as long as they do not impede traffic (551.103/551.103c). They cannot, however, ride abreast of a motor vehicle. If a motor vehicle driver wishes to pass a bicyclist, the driver must keep a safe distance from the biker when doing so (545.053). In general, bicyclists should use bicycle lanes when available. However, this is not a legal requirement. Cyclists can also ride on sidewalks under state law, although this is prohibited by municipal law in most major cities.
Bicyclists in Texas must obey all traffic signs and signals, including red lights and stop signs. They must also yield the right-of-way to vehicle and pedestrian traffic at intersections, when applicable. Under current Texas law, riding a bicycle under the influence of drugs or alcohol is not against the law. However, the cyclist could face legal liability for causing a bicycle accident while under the influence.

Bicyclist Requirements and Responsibilities

In addition to obeying most of the standard rules of the road that apply to motor vehicle drivers, bicyclists also have other responsibilities that are unique to them. For example, all cyclists should keep at least one hand on the handlebar for appropriate vehicle control, but two hands are optimal (551.102c). Cyclists should not carry anything that prevents them from keeping at least one hand on the handlebars. Bicyclists should also use hand and arm signals to tell surrounding drivers of their intentions to turn or stop (545.107).

Bicycle Equipment Requirements

A bicycle that is being operated on a public road must be equipped with a brake that is capable of stopping the bike on dry, level, clean pavement. If a bicycle is being used to ride at night, it must be equipped with a white light on the front of the bicycle that is visible for at least 500 feet, as well as a red reflector or light on the rear of the bicycle (551.104b). All bicycle riders or passengers must have their own saddles.

Helmet Law

As of 2021, Texas does not have a universal helmet law. There is no state law that requires all bicycle riders to wear safety helmets. However, several cities in Texas have passed their own laws requiring helmets by children and/or adults. In Dallas, for example, cyclists under the age of 18 must wear helmets. Research the laws in your municipality.

Bicycle Safety Tips

Following all of the laws that apply to you as a bicyclist in Texas can reduce your risk of getting into a serious accident. Other tips for reducing your risk of a wreck include wearing brightly colored clothing or a reflective vest, being aware of your surroundings, not listening to music or talking on the phone while you ride, and stopping at all red lights and stop signs. Being a prudent and responsible bicyclist in Texas is the safe thing to do.

Posted by Aaron Herbert at 1:35 pm

What Is the Texas Dram Shop Law?

Sunday, September 12, 2021
When one person injures another, the injured party may seek compensation for his or her injuries and associated expenses by filing a personal injury lawsuit against the person who injured him or her. In some situations, a third-party may share some of the blame. This third-party may not have directly contributed to the injury-causing incident, but his or her involvement enabled the defendant (the person being sued) to commit the action. One of the most prevalent examples of this situation would be a bar or other establishment that serves alcohol to an obviously intoxicated patron. In Texas, the laws meant to prevent such incidents are known as dram shop laws.

How Do Dram Shop Claims Work?

Any establishment or “social host” that provides alcohol to guests may be held responsible for any injuries that those guests cause to others after they leave the premises. Additionally, liquor stores and other alcohol vendors can be held responsible for damages in some cases, including any instance of alcohol being sold or given to anyone under the age of 18 or any instance of providing alcohol to an obviously intoxicated person. A “social host” describes any individual who knowingly supplies alcohol to individuals under the age of 18. This does not apply to parents – a parent cannot be held accountable as a social host if his or her child injures another person due to intoxication. Under Texas laws, social hosts include any adult who is not a parent, legal guardian, or spouse of the minor under 18. Social host laws also apply to individuals who knowingly serve alcohol to minors under 18 or permit alcohol consumption by minors under 18 on his or her property.


As with any other personal injury case, a personal injury lawsuit involving dram shop laws can provide the injured party with various forms of compensation, including:
  • Medical expenses. Compensation for medical costs can include emergency response services and care, hospital bills, the costs of any necessary subsequent treatments (such as physical therapy or reconstructive surgeries), prescription costs, and any other medical expenses resulting from the incident.
  • Pain and suffering. The plaintiff’s attorney will consult with medical professionals who will act as expert witnesses. Expert witnesses have no personal involvement in a case, but instead, provide their expertise to the court to help a jury determine how an injury affected the plaintiff. Although it sounds difficult to quantify physical pain and emotional trauma with a dollar figure, expert witness testimony allows a court to determine a reasonable amount of compensation.
  • Lost income. If an injury prevents the plaintiff from returning to work for an extended period, he or she can claim lost wages as compensation. If an incident results in a permanent disability that prevents the plaintiff from resuming his or her job permanently, he or she can sue for the income that he or she would have reasonably expected to earn in the future.
  • Property damage. This includes damage to a vehicle or destroyed personal belongings.
Cases involving dram shop laws often involve extensive investigation, such as interviewing patrons and staff of the establishment who saw the intoxicated individual, security footage from the establishment, and consultations with expert witnesses. An attorney is crucial for successfully navigating any personal injury case and any case involving Texas dram shop laws – which will likely be complex. The individual directly responsible for the incident and the establishment that served alcohol to the individual can both be held accountable for the incident. For example, if you were struck by a drunk driver and injured, you can sue the driver for compensation for the damages listed above. Additionally, if that driver just left a bar that continued to serve him or her alcohol after he or she was visibly drunk, the bar can also be held accountable for contributing to the incident. If you’ve been involved in a drunk driving accident in fort worth or any other city in Texas, contact us for a free case evaluation.
Posted by Aaron Herbert at 5:27 pm

Five Reasons to Hire Our San Antonio Car Accident Lawyers

Friday, September 10, 2021

Five reasons to hire a Board Certified San Antonio car accident lawyer

Texas car wreck cases involve greedy billion-dollar insurance companies

If you’ve been injured in an auto accident in San Antonio or the surrounding area, the stress that comes from dealing with a traumatic injury and worry over damage to your vehicle can be overwhelming.  The last thing you should do is talk to the trained representatives of a billion-dollar insurance company before seeking legal advice. Insurance companies have spent millions of dollars developing strategies to lead car wreck victims into diminishing the value of their claims. Seek a free consultation with our experienced San Antonio car accident lawyers to help you preserve your rights and fight for the compensation you are entitled to get under Texas law.

Auto accident claims should be handled right from the start by Board Certified San Antonio car accident lawyers

If you were not at fault for the collision, there is no reason to speak with the insurance company. Your attorney will handle all contact with the insurance company and insurance adjusters, so that you can focus on your recovery. There are so many variables involved in car accidents that affect the outcome, and the best way to handle each case depends on the individual circumstances.  It is essential to seek advice from our car accident lawyers in San Antonio, who have a broad range of experience with many types of accidents and injuries to make sure your rights are protected and you are fully compensated for all of the injuries you sustained. Attorney Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and has handled thousands of car accident injury claims.

Motor vehicle collision cases involve complicated legal hurdles requiring experienced legal advice

It is critical that your car wreck claim is handled right from the beginning to end. Some injured individuals are tempted to handle car wreck claims on their own, unaware of critical procedural and filing requirements. If deadlines are missed or your injuries are not properly documented, the value of your claim will suffer. Even worse, the risk involved in signing forms provided by the insurance company or giving recorded statements to insurance adjusters are grave.  A car accident lawyer from the Law Firm of Aaron A. Herbert can help you understand the legal issues surrounding your auto accident.

Investigation into the cause of the collision must start right away

The causes and circumstances of a car accident can affect what damages you can recover. The more time passes from the date of a car crash, the more difficult it will be to obtain crucial evidence. Over time, some evidence could be lost completely. When you hire Attorney Aaron A. Herbert for your car wreck claim, our dedicated team of San Antonio car accident lawyers and investigators immediately begin gathering information and evidence.  We quickly contact witnesses for statements, take photographs of vehicles before repairs begin or the vehicle is sold for salvage. If the police were involved in investigating the collision, our firm will file an “open records request” seeking squad car video and other evidence obtained by the police. Our firm uses cutting edge technology and discovery tools to investigate, discover, document and preserve every possible fact about your case in order to obtain the compensation you deserve.

Medical treatment is expensive and failure to document your injuries will hurt your recovery

To further complicate matters, the injuries sustained depend heavily on the circumstances of each individual car accident. Most Texans injured due to negligent drivers expect the insurance company will pay for medical treatment right away. In fact, when calling to set up a claim most car insurance companies will tell the injury person “we can’t help you with that until we get a statement”. Don’t be fooled by this tactic! The insurance company will not help you with medical treatment and the bodily injury adjuster will simply tell you they “are still investigating the claim” even if you give them a statement. The insurance company hopes you wait days or even weeks before seeking medical treatment, in order to claim the delay in treatment proves you were not severely injured. Our San Antonio car accident lawyers fight this delay tactic by ensuring our clients are able to obtain the appropriate medical treatment. For example, even if you have no way to pay for medical treatment, we can assist in finding medical facilities and diagnostic testing to properly document injuries sustained in the collision. Injuries are not always apparent immediately after the auto accident and this is why it is vital to speak with our experienced San Antonio car accident lawyers right away.

No-fee, no-obligation legal consultation

Attorney Aaron A. Herbert offers all victims of accidents a no obligation, free legal consultation. Call now to speak with a seasoned, experienced car accident attorney for a review of your case at (210) 435-7968. You can also click HERE to tell us about your case, and Attorney Aaron Herbert will contact you to discuss your legal rights and how we will fight to protect them.
Posted by Aaron Herbert at 4:13 am

How Is Fault Determined in Bike vs. Car Accidents in Texas?

Thursday, September 9, 2021

Automobile and bicycle accidents take place relatively often in Texas, especially in bustling downtown areas such as Dallas and Houston. In Texas, the fault-based insurance law requires injured accident victims to determine fault before filing insurance claims. This is because claims are filed with the insurance companies of the at-fault parties. Find out how fault is determined in a bicycle vs. car accident so that you know how to pursue financial compensation as a victim.


Bicycle and car accident investigations in Texas use the same processes in many ways. Both investigations begin at the scene of the crash and extend into interviews with eyewitnesses and other evidence analyses. The goal of an investigation is to determine how and why the crash took place, such as whether one party violated a traffic law or broke a roadway rule. An investigation of either type of accident will rely on evidence that may be available, such as:

  • Police crash report
  • Admissions of guilt by either party
  • Evidence from the accident scene (skid marks, road hazards, etc.)
  • Photographs and videos
  • Traffic camera footage
  • Eyewitness statements
  • Accident reconstruction
  • Opinions from experts
  • Medical records

This list of potential evidence can apply to a bicycle accident as well as an automobile accident. Investigators used by the police, an insurance company and/or a personal injury law firm will search for signs and evidence of fault to piece together how the crash took place. In many cases, fault will go to the person or party who broke a rule, such as running a red light or failing to yield the right-of-way.


There are certain variances, however, in how a bicycle accident is investigated compared to a car accident. For example, investigators may not be able to rely as much on property damage to determine fault for a bicycle accident. In a standard car accident case, the damage inflicted on both vehicles can establish the directions in which both vehicles were traveling, as well as their point of impact. This can allow accident reconstruction experts to determine how the crash took place, including which driver was in the wrong.
In a bicycle accident case, on the other hand, the damage to the bicycle is often so severe as to be inconsequential for investigative purposes. Bicycle damage may not clearly show where or how the bicycle was struck by the motor vehicle. Damage to the car, however, may be inspected for signs of which part of the car collided with the cyclist. If the front of the vehicle shows damage, for instance, this could be proof that the driver was in the wrong and struck the cyclist. Damage to the side of the vehicle, on the other hand, could show that the bicyclist ran into the motor vehicle.

Shared Fault in Both Types of Accidents

Both types of accidents come with the possibility of shared fault. In Texas, the statute that deals with shared fault in an auto accident case is the modified comparative negligence law. This law states that if an injured victim (plaintiff) contributed to the bicycle or car accident, he or she can still recover financial compensation – as long as the victim is less than 51 percent at fault for the collision.
If the plaintiff does share fault with the defendant in an accident case, his or her financial recovery will be reduced by the amount of fault. For example, if a cyclist is 15 percent at fault for an accident for failing to pay attention, but a driver is 85 percent at fault for running a stop sign, the driver would only be responsible for 85 percent of the cyclist’s damages. The settlement or judgment award granted to the bicyclist would be reduced by 15 percent.
If you get injured in a bicycle or car accident in Dallas, consult with an attorney for assistance determining fault, proving your claim and fighting for fair compensation.

Posted by Aaron Herbert at 1:30 pm

Can Passengers Be Liable for Car Accidents?

Tuesday, September 7, 2021

When you picture a car accident insurance claim or lawsuit, you most likely imagine the driver of the other vehicle taking legal responsibility for carelessly or recklessly causing the crash. You may not consider the potential fault of a passenger within the vehicle. However, there are unique situations where a passenger could be held liable (financially responsible) for a car accident in Texas.

Do Passengers Have a Duty of Care?

Yes, vehicle passengers have certain duties of care. A duty of care is a legal or ethical requirement to act with reasonable prudence and safety. If a vehicle passenger does something that falls outside of the duty of care, he or she has been negligent. Technically, passenger negligence does not exist in a car accident case in Texas. Only a motor vehicle driver can be held liable for a collision. However, there are cases where a passenger could share fault for the accident with the driver.
A portion of fault for a car accident could fall on a passenger if the passenger breaches any of his or her duties of care, which include:

  • Not to encourage reckless driving, such as speeding or drag racing. This is an especially common problem among teenage drivers and their friends.
  • Not to distract the driver. Not to talk to, argue with, touch, hit or otherwise distract the driver from the driving task.
  • Not to do anything that could interfere with the driver’s ability to operate the motor vehicle, such as yank the steering wheel out of the driver’s hand.

If a passenger carelessly or intentionally acts outside of these duties of care, the passenger could be held at least partially liable for a resultant car accident. This means the passenger could be personally sued for the car wreck by any injured victims in the other car. The passenger would most likely share liability with the driver of the vehicle. In this scenario, the passenger’s auto insurance (or a parent’s insurance, in the case of a minor passenger) may step in to cover a portion of crash victims’ financial damages.

Are Passengers Covered by Car Insurance?

For the most part, a vehicle passenger who is injured in an auto accident in Texas is covered by the automobile insurance of the driver of the car. Passenger liability typically is not considered in a car accident case unless there is reason to suspect passenger negligence. In most car accident cases, the driver of the car (or his/her insurance company) will pay for the passenger’s injuries, medical bills and other losses – whether or not the driver was at fault for the accident. There are exceptions, however, in special circumstances.
If a passenger gives his or her consent (verbal or nonverbal) to ride in a car with a known dangerous driver, such as a driver who is known to be intoxicated or drowsy, the passenger may give up his or her right to obtain financial compensation from the driver’s insurance company after a related car accident. If an investigation finds proof that the passenger knew or reasonably should have known of the driver’s impaired state or reckless driving behaviors, this may undermine the passenger’s injury claim and exclude him or her from insurance coverage.

Contact a Car Accident Attorney in Dallas

Every car accident case is unique. If your car accident claim involves the potential liability of a vehicle passenger or an injured passenger who is seeking financial benefits, contact a car accident attorney in Dallas right away. An attorney can thoroughly investigate your car accident, look for signs of fault or causation, and collect evidence of passenger liability (if applicable). Your attorney will protect your rights and best interests throughout the legal process, taking the steps that are necessary to fight for the best possible case outcome on your behalf. An experienced car accident lawyer can help you every step of the way.

Posted by Aaron Herbert at 1:19 pm

Tanker Truck Rollover Prevention

Thursday, September 2, 2021
Tractor-trailers are vital parts of the American economy and transportation network, but they are also inherently more dangerous than smaller vehicles on the road. Trucks that pull tankers full of liquid goods, including gas and oil, can be even more dangerous. If these tanker trucks roll over, they can cause catastrophic damage, severe injuries, even fatalities. Depending on what a rolled-over tanker truck carried, the spilled contents can also present a serious risk of additional injuries as well as environmental hazards or public health emergencies. Statistics indicate that almost 80% of all tanker truck rollover accidents happen due to some level of driver error. While truck drivers must obtain special certifications to perform their jobs and generally have more miles of driving under their belts than typical drivers, it is still crucial for them to understand the risks of driving tanker trucks and follow a few best practices to avoid rollovers.

Speed Control

Large trucks cannot stop or slow down as quickly as smaller passenger vehicles. They also require much longer distances to come to a complete stop. If a tanker truck driver is travelling too fast or not paying enough attention to other vehicles on the road, the driver may not have time to slow down or stop to avoid a collision. Tanker truck drivers can easily cause rollovers if they swerve to avoid a collision while traveling at speed. The sudden change in direction will cause the trailer to tip and probably fall over. Speed is also a problem for turning. Tanker truck drivers need to account for changes on the road, and taking a sharp turn at high speed can easily cause a tanker truck to rollover. Drivers should reduce speed for turns and accommodate their vehicles’ size and weight.

Sudden Movements

Tanker truck drivers should do everything possible to avoid any sudden movements or jerking of the steering wheel. If a driver needs to suddenly turn to avoid another vehicle, the driver can unintentionally cause the tanker truck to rollover by oversteering or making the move too quickly. Tanker truck drivers can prevent rollovers by staying vigilant for changes in traffic patterns and avoiding reflexive sudden movements.

Plan Ahead

Tanker truck drivers can avoid rollovers by carefully planning routes ahead of time. By studying a route’s topography, known hazards, and any other elements like road construction on the route, drivers can make their deliveries with additional confidence. A driver who is not expecting a sudden change in road conditions is more likely to suffer a rollover accident, so preparation before every trip is important. Trucking companies must ensure their drivers receive thorough training and have the experience necessary for handling tanker trucks. Most tanker trucks carry valuable goods, including fossil fuels, so trucking companies and their drivers have a high duty of care to ensure they do not put other drivers at risk with unsafe driving. Other drivers should be wary of all tractor-trailers on the road, especially tanker trucks, and avoid driving aggressively near them. Caution and good judgment from all drivers can help prevent tanker truck rollovers. If you’ve been injured in a 18 wheeler accident it’s best to have a San Antonio 18 wheeler accident attorney review your case to see what compensation is available for you and your family.
Posted by Aaron Herbert at 6:24 pm