Month: November 2022

Uninsured Motorist Settlement in Texas

Monday, November 28, 2022
uninsured motorist settlement

Car accidents are hard enough without worrying about filing an insurance claim. If you may qualify for an uninsured motorist settlement in Texas keep reading.

Deciding about what to do when an at-fault driver lacks insurance to cover damages can be extra confusing.

Luckily, in many cases, uninsured motorist coverage (UM) protects Texas drivers if they get in an accident with another uninsured driver.

What Is Uninsured Motorist (UM) Coverage in Texas?

Approximately 20% of drivers on Texas roads are uninsured. However, Texas law requires insurance companies to offer policyholders uninsured motorist coverage (UM).

Unless a policyholder expressly waives this coverage in writing, Texas drivers pay for UM as part of their insurance policy.  

If a victim can prove the uninsured party acted negligently, uninsured motorist coverage provides uninsured motorist settlements.

In other words, if you purchase UM, your insurance company will help pay for your damages, up to the policy’s limits, if the negligent driver lacks insurance coverage. 

In some cases, more than one UM policy may even cover your losses. For example, say you’re a passenger in a friend’s car and another uninsured driver causes a car accident that results in your injury.

In this case, you may be able to open a claim with your UM insurance and with your friend’s UM policy.

What Is the Average Uninsured Motorist Claim Settlement?

Generally, the severity of a victim’s injury is the major determinative factor for car accident settlement amounts.

In 2022, the average compensation for car accident victims who were not injured was $16,700, while the average award for injured crash victims was $29,700.

In Texas, there is no average uninsured motorist claim settlement. And having UM coverage doesn’t necessarily mean your insurance company will automatically pay when you are in an accident with an uninsured driver.

Typically, however, a UM settlement will include damages for some or all of the following:

  • Property damages,
  • Past and future medical expenses,
  • Past and future lost wages,
  • Lost future earning power,
  • Pain and suffering,
  • Mental anguish, and
  • Disfigurement.

While there isn’t a one-size-fits-all settlement amount, insurance companies and courts use an uninsured motorist settlement calculator to weigh these damages and calculate how much your settlement is worth. They also take into consideration factors such as:

  • The accident’s circumstances and case facts,
  • The injury’s severity,
  • A victim’s prognosis, and
  • The financial and non-financial hardships the accident caused the victim.

In cases where UM insurance doesn’t apply or cover all a victim’s damages, filing a personal injury lawsuit against the uninsured driver may be the victim’s best course of action.

However, whether a case will be fruitful hinges on numerous factors. Working with a knowledgeable car accident attorney will help you understand these factors and your options and ensure you make the best choice to pursue the recovery you deserve.

Contact the Law Firm of Aaron A. Herbert Today

The Law Firm of Aaron A. Herbert prides itself on forging long-term client relationships. For over a decade, our skilled advocates have demonstrated their client dedication by successfully resolving thousands of vehicle injury cases before trial.

Our lead attorney Aaron A. Herbert is one of fewer than 2% of attorneys in the State of Texas Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

A skilled negotiator with a 10 out of 10 AVVO rating, he won’t hesitate to use aggressive legal strategies to pursue your maximum compensation for your uninsured motorist settlement.

Usually, that means settling. But as an expert in the field, Aaron is not afraid to go to trial to get the settlement you need and deserve. 

If an uninsured motorist injured you, contact us today at 214-441-6196. We offer free consultations and don’t take a fee unless we win.

Posted by Aaron Herbert at 11:17 am

Are You Entitled To Compensation As A Passenger In A Car Accident?

Friday, November 25, 2022
Entitled To Compensation As A Passenger In A Car Accident

In 2021, Texas car crashes severely injured or killed more than 19,000 passengers. If you were injured you are still entitled to compensation as a  passenger in a single car accident.

Medical bills and treatments can be costly, resulting in heavy damages. If someone else’s negligence injured you or someone you love, a car accident settlement won’t restore your life.

Texas car accident passengers have a right to hold the at-fault driver liable for their injuries and other damages.

If you have been a passenger in a car accident, compensation can help you down the path to recovery.

Who Is Liable?

As a passenger, you have the right to file an insurance claim or lawsuit against the at-fault party. This means you’ll want to file an insurance claim against the driver that caused your collision.

If, for instance, the car you were in ran off the road and caused your injury, you’ll want to file for compensation as passenger in single-car accident against the driver’s insurance.

If more than one car was involved, and you aren’t sure who caused the accident, you may be able to file claims with both insurers.

If the at-fault party has no insurance, a passenger in a car accident can get compensation from uninsured motorist (UM) protection, which may cover some or all your damages.

You’ll need to check your personal insurance policy to see whether you have UM insurance and what the policy limits are. Our car accident lawyer explains what happens when a car accident case goes to trial. 

Depending on your accident’s circumstances, you may claim funds from one or more parties, including:

  • The driver of another vehicle that caused the collision;
  • The driver of the vehicle you were in; and
  • A car or car part manufacturer.

You must prove liability to file a successful passenger insurance claim or lawsuit. To prove liability, you typically have to establish that the at-fault party acted with negligence.

Depending on your accident’s circumstances, this may be straightforward or require a skilled car accident attorney’s assistance.

Passenger in Car Accident Compensation

If you were a passenger in car accident, how much compensation you receive for your losses will depend on your damages. Damages you can recover include:

  • Past and future medical bills,
  • Past and future lost wages,
  • Ongoing care costs like rehabilitation therapy,
  • Property damage,
  • Other out-of-pocket costs, and
  • Pain and suffering.

At the Law Firm of Aaron A. Herbert, we often settle passenger accident cases without going to court by negotiating fair compensation with insurance companies. But if an insurer refuses to pay, we can file a lawsuit and fight tooth and nail to achieve justice.

Contact Us at the Law Firm of Aaron A. Herbert Today

If you or someone you love suffered a passenger injury, the Law Firm of Aaron A. Herbert can investigate your case and help you understand your options. Some reasons to choose us include our

  • Decades of combined experience, 
  • Texas Board Certification, 
  • Client-centered practice focused exclusively on personal injury law, and 
  • Highest possible AVVO rating. 

We can help you prove your claim and navigate the process of securing the financial recovery you need. For over a decade, the Law Firm of Aaron A. Herbert has shown its commitment to its clients by successfully resolving thousands of passenger injury cases.

We understand car accident personal injury law and are not afraid to use aggressive legal strategies to pursue maximum compensation.

Do not allow insurers to call the shots. Let the Law Firm of Aaron A. Herbert fight for the compensation and justice you deserve.

Contact us today at 214-441-6196. We offer free consultations and don’t take a fee unless we win.

Posted by Aaron Herbert at 3:49 pm

Average Negligent Security Settlement Amounts

Tuesday, November 22, 2022
Average Negligent Security Settlement Amounts

Were you injured on someone’s property due to negligent security and you’re wondering if you are entitled to compensation?

Our injury lawyers provide insight on Texas’ average negligent security settlement amounts. 

In 2020, murder and non-negligent manslaughter rose by 29.4% in the U.S. compared to 2019.

And in the first half of 2021, these crimes increased by another 16% over the same period in 2020.

According to the Council on Criminal Justice, aggravated assaults also increased by 9% and gun assaults by 5% in this same period. With violent crime on the upswing in the U.S., negligent security threatens everyone.

And when negligent security results in tragedy, the business owner or landlord who failed to provide security or employed security personnel who failed to do their job should be held responsible.

People injured because of negligent security have a right to negligent security settlements. How much compensation someone is entitled to depends on each case’s unique facts.

If you were a victim of an injury brought on by negligent security, keep reading to learn about negligent security verdicts and settlements.

Negligent Security Settlements

Negligent security falls under a type of law called premises liability.

Under the concept of negligent security, the person who runs the business or owns the property where an attack occurs may be liable for injuries if proper security is negligent or lacking.

Negligent security settlements have increased but can vary greatly.

While property owners are not liable for every crime or injury on their property, they may be liable for a negligent security claim if a victim can establish that the property owner or manager failed to exercise “reasonable care.”

In other words, if the owner or manager could foresee the harm and still failed to employ reasonable security measures to protect visitors, they are likely liable.

Because no two negligent security injuries and accidents are the same, when it comes to negligent security and liability cases, negligent security settlements vary.

However, a victim can generally expect to recover economic and non-economic damages. Economic compensation often includes the following:

  • Present and future lost wages;
  • Medical expenses, including doctor, hospital, and prescription medicine costs;
  • Physical therapy and rehabilitation;
  • Property damage; and
  • Other out-of-pocket expenses.

Non-economic awards often include damages for pain and suffering, psychological and emotional trauma, and loss of enjoyment of life.

These damages are typically harder to quantify than economic damages, but in negligent security cases, they can be every bit as damaging.

Factors that Impact Negligent Security Verdicts and Settlements

There are many factors that impact negligent security verdicts and settlements. These include:

  • The type and nature of the incident in question,
  • The severity of a victim’s injuries,
  • The complexity and length of any required medical treatment,
  • How long will the injury will keep a victim from working, and
  • If the area is known for crime and injuries.

Texas also follows a comparative negligence model. This means that if there was any fault on a victim’s part, the settlement award might be reduced by the percentage the victim was liable for their injuries.

If a jury finds the victim more than 50% at fault, they will not be entitled to a settlement. However, if a victim is 50% or less at fault, they can keep their settlement award minus their percentage of liability.

As an example, if a jury awards a victim $100,000 but finds them 30% at fault, they would get $70,000.

Contact the Law Firm of Aaron A. Herbert Today

At the Law Firm of Aaron A. Herbert, we are not afraid to use aggressive legal strategies or go to court to pursue the maximum compensation for your negligent security claim.

Our lead attorney Aaron A. Herbert prides himself on forging long-term relationships with his clients and always takes the time to tailor the firm’s services to each case.

We believe in accountability and will work tirelessly to ensure that the parties that caused your injury are held responsible so that you get the settlement you deserve.

Contact us today at 214-441-6196. We offer free consultations and don’t take a fee unless we win.

Posted by Aaron Herbert at 12:09 pm

What Are Common Truck Accident Injuries?

Sunday, November 20, 2022
types of truck accidents

Big rigs, 18-wheelers, tractor-trailers, large freight trucks, tanker trucks, cement trucks, and delivery vehicles are all types of large trucks.

A large truck can weigh up to 80,000 pounds, while an average passenger vehicle weighs only around 4,000 pounds.

Because large trucks dwarf cars, an accident with one can be catastrophic.

Common Truck Accident Injuries

Some truck accident injuries are minor, while others can be deadly. According to the National Highway Traffic Safety Administration (NHTSA), in 2021, fatalities in crashes involving at least one large truck were up 13% compared to 2020.

And in 2020, 107,000 large trucks were involved in crashes resulting in injury.

The most common truck injuries include:

  • Cuts, bruises, and lacerations. Cuts and bruises are less severe than head or spine trauma but still can require treatment and cause permanent damage. Injuries from shattered glass, sharp metal, or unrestrained objects inside a car can potentially result in disfiguring scars or even life-threatening infections.
  • Broken bones. Crushed or broken bones are common in truck accidents because of the massive impact force.
  • Back and neck injuries. Whiplash can occur when a person’s head and neck snap forward but their torso stays in place. Whiplash can take days after the accident to cause pain and other symptoms.
  • Spinal cord injuries. Spinal cord injuries could result in partial, temporary, or complete paralysis of the torso or lower body. Recovering from a spinal cord injury may involve months or years of treatments, surgeries, and physical therapy and can leave a victim permanently disabled.
  • Head and brain injuries. Head injuries may present as a minor bruise or a mild concussion. Or it may be a traumatic brain injury, which can have long-lasting or even permanent effects.
  • Burns. If a truck’s fuel tank ruptures, a fire can ignite and engulf the truck or surrounding passenger cars.
  • Amputation and disfigurement. The crushing force of a collision can cause amputation. Amputation victims may require continuing medical treatment and adaptive devices like prosthetics to function.
  • Internal injuries. Strong forces from an airbag, seatbelt, or other car parts can cause blunt internal trauma to the abdomen, bladder, spleen, liver, pancreas, or kidney. Or a broken rib could puncture a lung or create other internal damage.

A skilled truck accident attorney can determine your injuries’ current and future long-term costs. They will fight to hold liable parties accountable so you get the compensation you deserve.

Contact the Law Firm of Aaron A. Herbert Today

If a truck accident has affected your life, the truck accident attorneys at the Law Firm of Aaron A. Herbert can help you down the path to recovery.

From exhaustive investigations to tense negotiations, our Texas Board Certified highly rated attorneys never back down from a fight.

We are fearless in using aggressive legal strategies or going to court to pursue your maximum truck accident compensation.

With over 1,000 personal injury lawsuits filed and resolved, you can rest assured that at the Law Firm of Aaron A. Herbert, your truck accident injury claim is in the best hands possible.

Contact or call us today at 214-441-6196 for a free consultation.

Posted by Aaron Herbert at 12:47 pm

Average Settlement for Slip-and-Fall Knee Injury in Texas

Sunday, November 13, 2022
slip and fall settlement

We are often asked, “what is the average settlement for slip and fall knee injury?” Our Texas slip and fall lawyers would like to provide insight around this question. 

The Centers for Disease Control and Prevention (CDC) estimates that if the current upward rate of slip-and-fall accidents in the U.S. continues, seven slip-and-fall deaths will occur every hour by 2030.

Sadly, slip-and-fall injuries are a serious physical threat. To add insult to injury, studies show slip-and-fall victims also often suffer overwhelming financial losses.

In Texas, businesses and property owners are legally obliged to keep their premises reasonably safe for guests.

When they don’t, and a slip-and-fall accident causes a knee, back, hip, or other severe injury, victims can seek compensation from the property owner or manager.

Knowing there’s a path to compensation is a relief. But understandably, injury victims often question how much they can recover from a slip and fall claim.

The average settlement for a slip-and-fall knee injury, for example, depends on numerous factors.

The severity of your injuries and the extent of your medical treatment are just a few things that can affect settlement amounts for a knee injury.

If you’ve suffered a knee or other injury in a slip-and-fall accident, the skilled slip and fall injury attorney at the Law Firm of Aaron A. Herbert can walk you through the complexities of a slip-and-fall case.

We’re here to do all the hard work so you can focus on recovering from your injury.

What Is a Slip-and-Fall Accident?

The expression ‘slip and fall’ is used in a personal injury case when someone slips or trips on someone else’s property and the accident results in injury.

Slip-and-fall claims fall under premises liability law, an area of negligence or personal injury law.

Slip-and-fall accidents can happen anywhere, but they commonly occur in the workplace and places like grocery store aisles, public stairs, sidewalks, crowded events, and private homes.

For example, someone who slips on a slick linoleum floor at a grocery store or stumbles on a loose step in a restaurant may have a slip-and-fall claim.

Once a victim establishes liability, which involves proving that the property owner or manager breached their duty of care by failing to address or warn of a hazardous condition on their property, the owner or manager’s liability insurance usually pays for the victim’s injuries.

Average Settlement for a Knee Injury Slip and Fall

While the average settlement for a knee injury slip-and-fall varies, all settlement amounts for a knee injury must account for a victim’s damages.

A slip-and-fall accident’s actual case value will depend partly on the type of damages the victim endured.

In Texas, injured victims can hold an at-fault party liable for economic and non-economic losses. Economic damages are calculable losses, including 

  • Current and future lost wages, 
  • Medical expenses, 
  • Long-term care, and 
  • Rehabilitation therapy.

Non-economic damages are less concrete and can be harder to prove. Non-economic damages often include an award for items such as 

  • Emotional pain and suffering, 
  • Physical pain and suffering, 
  • Loss of self-esteem, and 
  • Scarring or permanent disability.

A victim’s compensation also depends on the facts surrounding their slip-and-fall accident.

Because facts often dictate a person’s damages overall, and because non-economic damages are harder to prove, working with an experienced slip-and-fall injury lawyer is essential.

A knowledgeable slip-and-fall lawyer will investigate your accident and gather evidence of the property owner’s negligence, estimate a settlement value based on that evidence, and fight for your right to compensation, increasing the chance you’ll receive the settlement you deserve.

Contact the Law Firm of Aaron A. Herbert Today

If you’re interested in learning the average settlement for a knee injury, slip-and-fall attorneys at the Law Firm of Aaron A. Herbert can investigate your case and help you understand your options.

We have decades of combined experience and have successfully resolved thousands of slip-and-fall injury cases. 

As a client-centered law practice focused solely on personal injury law, we can help you prove your slip-and-fall claim and negotiate with insurance companies to secure the financial recovery you need.

Our Texas Board Certification and highest possible AVVO rating say it all—the Law Firm of Aaron A. Herbert is committed to its slip-and-fall clients and will fight for the justice you’re entitled to.

Contact us today at 214-441-6196. We offer free consultations and don’t take a fee unless we win.

Posted by Aaron Herbert at 12:22 pm

Does a Jackknife Truck Accident Imply Fault?

Sunday, November 6, 2022
Jackknife Truck Accident Imply Fault

Many people wonder, What is jack knifing? The term’s literal definition is “to bend or double over like a jack knife.”

When this happens with commercial trucks, jackknifing can wreak havoc on property and life.

In fact, according to the Federal Motor Carrier Safety Administration, jackknifing commercial trucks caused 434,000 crashes in 2022, 4,842 of which were fatal.

But does a jackknife truck accident imply fault? The answer is that it depends. Read on for more information.

What Is Jackknifing a Truck?

Now that we’ve answered the question, What is jack knifing? let’s apply the term to commercial trucks. A moveable joint connects a semi-truck’s cab and trailer.

This joint allows for increased maneuverability but also makes semis susceptible to specific accidents, including jackknifes.

When a commercial truck jack knifes, the truck’s trailer moves in a different direction than the front of the vehicle, causing the truck’s cab and trailer to fold into each other.

This configuration resembles an open jackknife. Unfortunately, when the trailer and cab simultaneously move in different directions, the truck driver often loses control of the truck or hits other vehicles in surrounding lanes, leading to accidents.

Who Is Responsible for Jack Knife Accidents?

When it comes to jackknife accidents, Texas is an at-fault state. If you are injured in a jackknife crash in Texas, you must be 50% or less responsible for the crash to collect compensation.

You must also show that the other party acted negligently. Part of proving negligence is showing that another driver or party is at fault for your jackknife accident. Different parties that may be responsible for your accident include:

  • The truck driver,
  • A third-party driver,
  • Trucking companies,
  •  Maintenance companies,
  • Mechanics,
  • Cargo loaders,
  • Truck manufacturers and designers of faulty truck parts, and
  • Governments or municipalities.

An experienced lawyer can investigate your case and help you identify the responsible party. Working with an experienced lawyer to establish liability will help ensure you receive the best settlement possible.

Common Causes of Jack Knife Accidents

Numerous factors can cause a trailer to jackknife, including negligence on the driver’s part. They include:

  • Poor road conditions,
  • Bad weather,
  • Speeding,
  • Distracted driving,
  • Taking curves or turns too quickly,
  • Driving fatigued,
  • Driving under the influence of drugs or alcohol,
  • Hauling improperly or poorly loaded cargo, and
  • Light trailer loads.

These are just some of the factors that can lead to a dangerous jackknife accident. Speaking with a skilled accident attorney who understands complete trucking rules and regulations will help you identify the cause of your accident so that you can claim the compensation you’re entitled to.

Contact the Law Firm of Aaron A. Herbert Today

If you’ve been injured in a jackknife accident, contact the experienced attorneys at the Law Firm of Aaron A. Herbert.

We can help you negotiate with insurance companies and are not afraid to use aggressive legal strategies or go to court to pursue your maximum compensation.

As a client-centered law practice with decades of combined experience, the Law Firm of Aaron A. Herbert is committed to fighting for the jackknife compensation you’re entitled to.

Our Texas Board Certification and highest possible AVVO rating assure that we take accountability seriously. Call us today at 214-441-6196 for a free consultation.

We will work tirelessly to ensure that the parties that caused your accident are held responsible, and we won’t take a fee unless we win.

Posted by Aaron Herbert at 3:16 pm