What to Do if You Were Wrongly Accused of Being At-Fault After a Car Accident

Friday, January 27, 2023

In Texas, the driver at fault for causing a car accident will have to pay for related injuries, medical costs and vehicle repairs. Fault for a car accident is not always immediately clear, however. If the other driver’s insurance company is wrongly accusing you of causing a crash that you believe was not your fault, there are steps you need to take to protect yourself from liability.

What to Do if You Were Wrongly Accused of Being At-Fault After a Car Accident 1

Collect Evidence at the Scene

The outcome of your car accident case in Texas will come down to evidence. Evidence refers to the information, documentation and tangible items that support the claim that you are making. If you are arguing that the other driver caused the crash, for example, you will need evidence that establishes the other driver’s fault. If you can, collect the following evidence while still at the scene of the accident or in the days following:

  • Photographs of the crash scene
  • Photographs of vehicle damage
  • Video surveillance footage
  • Eyewitness statements
  • Medical records
  • A copy of your police report

Call the police to report your car accident from the scene, whether the crash was major or minor. Even if Texas law does not require you to report the car accident, notifying the police can lead to an official crash report that contains important information about the collision. The police can interview everyone involved and examine the scene to help collect evidence of fault.

Do Not Admit Fault

Admitting fault is one of the most common mistakes made by drivers involved in car accidents in Texas. It is common for a driver to quickly apologize to the other driver as soon as he or she gets out of the car. Admitting fault right away, however, can mean you end up absorbing 100 percent of the liability for a crash even if someone else also contributed.
Never admit fault while still at the scene of a car accident or while talking to an insurance company’s representative. Admitting fault can halt an investigation before it begins, placing liability with you even if you did not actually cause the crash. If you believe you caused a car accident by pulling out in front of someone, for example, you may admit fault before an investigation can discover that the other driver was speeding and is also partially to blame.

Be Careful When Speaking to an Insurance Adjuster

A representative hired by the insurance company known as a claims adjuster will contact you shortly after your collision. Do not trust the claims adjuster, as he or she does not have your best interests in mind. The adjuster wants you to admit fault or make another mistake that can place liability for the car accident with you. Most attorneys recommend not talking to an insurance adjuster at all. If you do wish to talk to the adjuster, do not admit fault, agree to give a recorded statement, sign anything or accept a settlement before you have spoken to a car accident attorney.

What Is Texas’ Comparative Fault Law?

The law may entitle you to compensation even if you are found to be partially at fault for a car accident. Texas is a comparative negligence state, meaning that a plaintiff can still recover a monetary award even if he or she contributed to the crash. A car accident lawyer can help you establish the other driver’s portion of fault to maximize your financial recovery as much as possible.

Hire a Dallas Car Accident Lawyer

It is important to hire an attorney if you have been wrongly accused of being at fault for a car accident in Dallas. A lawyer can immediately investigate your crash and preserve and collect evidence of fault on your behalf. A lawyer can also help you refute allegations of fault using experts and crash reconstructionists. Your Dallas car accident lawyer can take many steps to help you prove that someone else was to blame for the crash, making you eligible for financial compensation through that party’s insurance company. Let the Law Firm of Aaron A. Herbert fight for the compensation and justice you deserve. To get started, Contact us online or by phone to schedule a free consultation.

Posted by Aaron Herbert at 11:00 am

Fall From Ladder Injuries in Texas

Sunday, January 8, 2023

What are common fall from ladder injuries that may result in a lawsuit? Our premises injury lawyers dive into this question.

The ladder is one of the most dangerous everyday pieces of equipment. Most people have ladders in their homes or at work without realizing the significant dangers they pose.

Ladders are behind a large portion of hospital and emergency department visits each year. They account for more than 500,000 injuries and 300 deaths in the US annually, according to the Centers for Disease Control and Prevention

fall from ladder

Even someone well-versed in ladder safety could make a mistake that leads to tragedy, such as carrying up too heavy of a load or missing signs of a ladder defect.

In other ladder accident cases, a defect with the ladder itself could cause an unforeseeable accident and injury, such as a broken rung. Ladder accidents, especially falls, can inflict life-changing injuries on victims.

What Are the Biggest Causes of Ladder Accidents?

Ladder accidents cause thousands of injuries and deaths in the US each year. They are especially common accident types in the workplace.

From 2011 to 2016, ladder falls caused 836 fatal injuries in the workforce based on data from the Bureau of Labor Statistics. Ladders were the most common source of fatal falls in this five-year period. Fall from ladder accidents can arise from many different ladder defects or user mistakes.

  • An old or damaged ladder
  • A defective ladder
  • Rungs cracking and breaking
  • Ladders folding while in use
  • Choosing the improper type of ladder for the job
  • Using a ladder incorrectly
  • Carrying dangerous objects or heavy loads
  • Stretching too far out from a ladder
  • Failing to properly place or secure a ladder
  • Recklessness or horseplay on a ladder

The main two causes of fall from ladder accidents are defective ladders and human error. Too many households and workplaces have old, outdated, worn or damaged ladders.

Most people use the same ladder for years without inspecting it for problems before each use. They do not realize that, over time, the ladder could grow old and weak. It only takes one small defect to make a ladder unstable or unsuitable for use. This could lead to terrible accidents if the ladder breaks while in use.

Misusing a ladder can also lead to common injuries from falling off a ladder, such as broken bones and hip fractures. It is up to the user to understand and obey common ladder safety techniques.

What Are the Most Common Ladder Fall Injuries?

Ladder accidents that result in common injuries from falling off a ladder can be catastrophic for those involved. Common ladder fall injuries cause injuries severe enough to require professional medical care. Falls in general account for more than three million emergency department visits annually in the US. Many of these visits arise from ladder accidents. About one in five fall accidents on average cause serious injuries. 

Falls account for the highest number of traumatic brain injuries out of all causes. A brain injury could arise from a ladder accident if the victim falls from the ladder and hits his or her head. A victim might never fully recover from the injuries sustained in a ladder accident. Catastrophic injuries could cause permanent disabilities. Other victims do not recover at all. 

What Is the Most Common Type of Fall From a Ladder Accident?

According to injury statistics, the most common type of fall from a ladder accident is a fall. A fall from any height – even one or two feet – could cause serious injuries such as bone fractures and head injuries. A fall from a greater height on a tall ladder could cause even more catastrophic injuries.

If a ladder defect from the manufacturer caused the fall accident, the victim may have grounds for a product liability claim. If poor ladder maintenance or lack of repairs/replacement from an employer is to blame, the employer could be liable.

A fall from a ladder accident victim in Texas should work with a Dallas personal injury lawyer to understand the liability for his or her damages. The victim may be eligible for financial recovery.

Contact our Texas Ladder Accident Lawyer Today

Fall from ladder accidents can seriously disrupt your life. To get the compensation you need and deserve when your injury was someone else’s fault, call Aaron A. Herbert, P.C. to discuss your case with a top-rated, board-certified ladder accident attorney.

To contact our law firm for additional information regarding premises liability claims, please call us at (214) 441-6196 or fill out our free online form.

Posted by Aaron Herbert at 2:14 pm