Navigating the Legal Minefield: Understanding the Importance of Attorneys for Whiplash Injuries in DFW

Tuesday, January 16, 2024

Have you recently experienced a whiplash injury in the Dallas-Fort Worth area? If so, you may be navigating a complicated legal landscape, and understanding the importance of hiring an attorney is paramount. In this article, we will delve into the intricacies of whiplash injuries in DFW and highlight why having a skilled attorney by your side can make all the difference.

From understanding the legal requirements to filing a claim, dealing with insurance companies, negotiating settlements, and potentially going to trial, the road to obtaining fair compensation for your whiplash injury can be challenging. That’s where experienced attorneys specializing in personal injury law come in.

By hiring an attorney with expertise in whiplash injury cases in the DFW area, you can ensure that your rights are protected and that you have a strong advocate fighting for you. They will have a comprehensive understanding of the local legal system and the tactics used by insurance companies to diminish your claim.

Don’t go it alone when it comes to navigating the legal minefield of whiplash injuries in DFW. Read on to discover why hiring an attorney is crucial for securing the compensation you deserve.

Understanding the legal aspects of whiplash injuries

Whiplash injuries can be complex, both medically and legally. It’s crucial to understand the legal aspects of whiplash injuries to navigate the complexities of the legal system effectively. Whiplash injuries typically occur as a result of sudden acceleration or deceleration, causing the neck to snap back and forth. These injuries commonly occur in car accidents, especially rear-end collisions.

To establish a successful whiplash injury claim, it’s vital to prove negligence on the part of the other party involved. This requires gathering evidence, such as medical records, accident reports, witness statements, and expert opinions. An experienced attorney specializing in whiplash injury cases will have the knowledge and resources to gather and present this evidence effectively.

Additionally, it’s important to be aware of the statute of limitations for filing a whiplash injury claim in DFW. In Texas, the statute of limitations for personal injury cases, including whiplash injuries, is generally two years from the date of the accident. Failing to file a claim within this timeframe may result in the loss of your right to seek compensation.

The role of attorneys in whiplash injury cases

Attorneys play a crucial role in whiplash injury cases, guiding you through the legal process and advocating for your rights. They possess comprehensive knowledge of the local laws and regulations surrounding whiplash injuries in the DFW area, enabling them to build a strong case on your behalf.

One of the primary tasks of an attorney in a whiplash injury case is to negotiate with insurance companies. Insurance companies often try to minimize the value of your claim or deny it altogether. Attorneys with experience in whiplash injury cases understand the tactics used by insurance adjusters and can effectively counter their arguments. They will work diligently to ensure you receive fair compensation for your injuries, including medical expenses, pain and suffering, and lost wages.

In the event that a fair settlement cannot be reached through negotiation, attorneys are prepared to take your case to trial. They will present your case before a judge and jury, utilizing their legal expertise to argue for the compensation you deserve. Having a skilled attorney by your side significantly increases your chances of a favorable outcome in court.

Common challenges faced in whiplash injury cases

Whiplash injury cases can present unique challenges that require the expertise of an attorney. One of the main challenges is proving the extent of your injuries and their impact on your daily life. Whiplash injuries often do not show up on traditional medical imaging scans, making it challenging to provide tangible evidence of the pain and suffering you have endured. However, experienced attorneys know how to gather and present medical evidence, such as diagnostic tests, medical records, and expert opinions, to demonstrate the severity of your injuries.

Another common challenge in whiplash injury cases is dealing with insurance companies. Insurance adjusters are skilled at minimizing claims and may try to downplay the significance of your injuries. They may argue that your injuries are pre-existing or unrelated to the accident. Attorneys specializing in whiplash injury cases are well-versed in countering these arguments and can effectively advocate for your rights.

Benefits of hiring an attorney for whiplash injuries in DFW

Hiring an attorney specializing in whiplash injuries in the DFW area offers several benefits. Firstly, an attorney will provide you with expert legal advice tailored to your specific case. They will evaluate the details of your accident, gather evidence, and determine the best legal strategy to pursue. This personalized guidance ensures you are equipped with the knowledge and resources needed to navigate the legal process confidently.

Furthermore, attorneys have the negotiation skills required to deal with insurance companies effectively. They will handle all communication and negotiations on your behalf, relieving you of the stress and frustration often associated with dealing with insurance adjusters. Attorneys are also skilled at assessing the value of your claim and will fight for fair compensation, ensuring you receive the maximum amount possible for your injuries.

Finding the right attorney for your whiplash injury case

When seeking an attorney for your whiplash injury case in DFW, it’s essential to find someone with experience and expertise in personal injury law. Look for attorneys who specialize in whiplash injuries specifically, as they will have a deep understanding of the unique challenges and complexities associated with these types of cases.

Start by researching attorneys who have a proven track record of success in whiplash injury cases. Read client reviews and testimonials to get an idea of their reputation and level of client satisfaction. Additionally, consider scheduling consultations with a few attorneys to discuss your case and gauge their level of knowledge and commitment to your success.

Steps involved in a whiplash injury lawsuit

A whiplash injury lawsuit typically involves several key steps, including:

1. Initial Consultation: Your attorney will evaluate the details of your case, including the cause of the accident, your injuries, and any available evidence. They will advise you on the best course of action and explain the legal process.

2. Investigation and Evidence Gathering: Your attorney will collect evidence, such as medical records, accident reports, witness statements, and expert opinions. This evidence will be crucial in establishing negligence and proving the extent of your injuries.

3. Demand Letter: Your attorney will draft a demand letter outlining your injuries, medical expenses, and other damages, and present it to the at-fault party’s insurance company. This letter serves as a starting point for negotiations.

4. Negotiations: Your attorney will negotiate with the insurance company to reach a fair settlement. They will handle all communication and employ effective negotiation strategies to maximize your compensation.

5. Litigation: If a fair settlement cannot be reached, your attorney will file a lawsuit on your behalf. They will present your case in court and argue for the compensation you deserve. This may involve gathering additional evidence, depositions, and expert testimonies.

6. Trial and Verdict: If your case goes to trial, your attorney will present your case before a judge and jury. They will utilize their legal expertise and persuasive skills to advocate for your rights and secure a favorable verdict.

How attorneys can help maximize compensation for whiplash injuries

Attorneys specializing in whiplash injuries have extensive knowledge of personal injury laws and understand how to maximize compensation for their clients. They will assess the value of your claim by considering various factors, such as medical expenses, lost wages, pain and suffering, and future medical needs.

Additionally, attorneys are skilled at gathering evidence to support your claim. They will work with medical professionals, accident reconstruction experts, and other relevant experts to establish the cause of your injuries and their impact on your life. This comprehensive evidence strengthens your case and increases the likelihood of receiving fair compensation.

Furthermore, attorneys are experienced negotiators. They know how to counter the tactics used by insurance companies to diminish the value of your claim. They will fight for your rights and push for a settlement that adequately compensates you for your injuries and losses.

Frequently asked questions about whiplash injuries and attorneys

1. How long do I have to file a whiplash injury claim in DFW?

In Texas, the statute of limitations for personal injury cases, including whiplash injuries, is typically two years from the date of the accident. Failing to file a claim within this timeframe may result in the loss of your right to seek compensation.

2. How much compensation can I receive for a whiplash injury?

The amount of compensation you can receive for a whiplash injury depends on various factors, such as the severity of your injuries, medical expenses, lost wages, and pain and suffering. An experienced attorney can assess the value of your claim and fight for fair compensation on your behalf.

3. What if the insurance company denies my whiplash injury claim?

If the insurance company denies your whiplash injury claim, it’s crucial to seek legal representation immediately. Attorneys specializing in personal injury law can review your case, identify any potential errors or deficiencies in the insurance company’s decision, and take appropriate legal action to protect your rights.

4. Can I handle a whiplash injury claim on my own?

While it is possible to handle a whiplash injury claim on your own, it is highly recommended to seek the assistance of an experienced attorney. Attorneys have the expertise, resources, and negotiation skills required to navigate the legal process effectively and maximize your chances of receiving fair compensation.

Conclusion

Don’t go it alone when it comes to navigating the legal minefield of whiplash injuries in DFW. Hiring an attorney with expertise in whiplash injury cases can make all the difference in securing the compensation you deserve. From understanding the legal requirements to negotiating with insurance companies and potentially going to trial, an experienced attorney will be your strongest advocate. Make sure to find the right attorney for your case, someone who specializes in whiplash injuries and has a proven track record of success. With their guidance, you can confidently navigate the complexities of the legal system and obtain the fair compensation you are entitled to.

Posted by Aaron Herbert at 2:20 pm

From Pain to Compensation: Why You Need an Attorney for Whiplash Injuries in San Antonio

Tuesday, January 16, 2024

If you’ve recently experienced a whiplash injury in San Antonio, you are likely going through a painful and frustrating time. Whiplash injuries often result from car accidents, and the effects can be long-lasting and debilitating. But don’t despair – there is hope for a full recovery, both physically and financially. In this article, we will explore why it is crucial to seek the assistance of a skilled attorney who specializes in whiplash injuries in San Antonio.

Navigating the legal process can be complex and overwhelming, especially when you are already dealing with physical pain and emotional distress. An experienced attorney can guide you through the entire journey, ensuring that your rights are protected and you receive the compensation you deserve. They will handle all aspects of your case, from gathering evidence to negotiating with insurance companies, allowing you to focus on your recovery.

Don’t let your whiplash injury add additional stress to your life. Take control of your situation by seeking professional legal help. With the right attorney by your side, you can turn your pain into compensation and move forward towards a brighter future.

Understanding whiplash injuries

Whiplash injuries can have a significant impact on your life. The sudden forceful movement of your head and neck, commonly caused by car accidents, can result in severe pain and discomfort. Whiplash occurs when the ligaments, tendons, and muscles in your neck are strained or torn, leading to a range of symptoms such as neck pain, stiffness, headaches, and even cognitive issues.

It is essential to understand the nature of whiplash injuries to fully grasp the importance of seeking legal representation. Whiplash can have long-lasting effects, impacting your ability to work, perform daily activities, and enjoy life. By seeking the assistance of a skilled attorney who specializes in whiplash injuries in San Antonio, you can ensure that your case is handled professionally and that you receive the compensation you deserve.

Whiplash injuries are not always immediately apparent. Symptoms can take hours or even days to manifest, making it crucial to seek medical attention as soon as possible after an accident. A medical professional will be able to diagnose your condition and recommend appropriate treatment. Additionally, documenting your injuries through medical records is vital for building a strong case and proving the extent of your damages.

The importance of seeking legal representation

Navigating the legal process can be overwhelming, especially when you are already dealing with physical pain and emotional distress. That’s where an experienced attorney comes in. By seeking legal representation for your whiplash injury case, you are taking the first step towards ensuring your rights are protected and maximizing your chances of receiving fair compensation.

An attorney who specializes in whiplash injuries in San Antonio will have an in-depth understanding of the legal system and the complexities surrounding these types of cases. They will guide you through every step of the process, from gathering evidence to negotiating with insurance companies. With their expertise, they can help you build a strong case by collecting medical records, accident reports, and any other necessary evidence to support your claim.

One of the significant advantages of having an attorney on your side is their ability to handle communication with insurance companies. Insurance adjusters are trained to minimize payouts and may attempt to undervalue your claim or deny it altogether. An experienced attorney will know how to navigate these negotiations and ensure that your rights are protected. They will fight for your best interests, aiming to secure the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.

Common causes of whiplash injuries in San Antonio

Whiplash injuries can occur in various situations, but they are most commonly associated with car accidents. Rear-end collisions are a frequent cause of whiplash, as the impact can cause your head to jerk backward and then forward rapidly. This sudden movement can strain or tear the muscles, ligaments, and tendons in your neck, resulting in whiplash.

In San Antonio, heavy traffic and congested roadways can increase the likelihood of car accidents and, consequently, whiplash injuries. Distracted driving, such as texting or talking on the phone, is a leading cause of accidents and can contribute to the occurrence of whiplash injuries. Additionally, speeding, reckless driving, and drunk driving are all factors that can lead to accidents and subsequent whiplash injuries.

It is essential to be aware of these common causes and take preventive measures to minimize the risk of whiplash. However, accidents can happen despite our best efforts, and if you find yourself in this unfortunate situation, it is crucial to seek legal representation as soon as possible.

Steps to take after a whiplash injury

After experiencing a whiplash injury, there are specific steps you should take to protect your health and legal rights:

1. Seek Medical Attention: As mentioned earlier, even if you don’t immediately feel severe pain, it is essential to see a medical professional as soon as possible. They will evaluate your condition and provide the necessary treatment. Additionally, having medical documentation of your injuries will strengthen your case.

2. Document the Incident: If you are physically able, gather evidence at the scene of the accident. Take photos of the vehicles involved, any visible injuries, and the overall accident scene. This evidence can be valuable when building your case.

3. Report the Accident: Contact the police and file an accident report. This report will document the details of the incident and serve as an official record.

4. Gather Information: Collect the contact information of any witnesses present at the scene. Their testimonies may be crucial in supporting your claim.

5. Contact an Attorney: Reach out to an experienced attorney who specializes in whiplash injuries in San Antonio. They will guide you through the legal process and ensure that your rights are protected.

By following these steps, you are setting yourself up for a smoother legal journey and increasing your chances of receiving fair compensation for your whiplash injuries.

The role of an attorney in whiplash injury cases

When it comes to whiplash injury cases, an attorney plays a vital role in ensuring that your rights are protected and that you receive the compensation you deserve. Here are some key responsibilities of an attorney in a whiplash injury case:

1. Case Evaluation: An attorney will assess the details of your case, including the cause of the accident, severity of your injuries, and potential liability, to determine the strength of your claim.

2. Gathering Evidence: Your attorney will gather evidence to support your claim, including medical records, accident reports, witness statements, and expert opinions. This evidence will help establish the extent of your injuries and prove liability.

3. Negotiating with Insurance Companies: Insurance companies may attempt to settle your claim for less than its worth. With their knowledge of the legal system and experience in dealing with insurance adjusters, an attorney will negotiate on your behalf to ensure that you receive fair compensation.

4. Representing You in Court: In some cases, a fair settlement cannot be reached through negotiation. If your case goes to court, your attorney will represent you and advocate for your rights in front of a judge and jury.

By having an attorney handle these responsibilities, you can focus on your recovery while knowing that your case is being handled by a professional who has your best interests at heart.

How an attorney can help you get compensation

The primary goal of seeking legal representation for your whiplash injury case is to secure the compensation you deserve. An attorney with experience in handling whiplash cases in San Antonio will employ various strategies to maximize your chances of receiving fair compensation. Here’s how they can help:

1. Assessing Damages: An attorney will thoroughly evaluate the extent of your damages, including medical expenses, lost wages, pain and suffering, and any future medical needs. They will ensure that all relevant damages are accounted for in your claim.

2. Proving Liability: Establishing liability is crucial for a successful whiplash injury claim. Your attorney will gather evidence, interview witnesses, and work with experts if necessary to prove that the other party was at fault for the accident.

3. Building a Strong Case: Your attorney will build a compelling case by compiling all relevant evidence, organizing it effectively, and presenting it in a persuasive manner. This will increase your chances of receiving fair compensation.

4. Negotiating Fair Settlements: Insurance companies often try to settle claims quickly and for as little money as possible. Your attorney will skillfully negotiate with insurance adjusters to ensure that you are not taken advantage of and that you receive a fair settlement.

5. Litigating when Necessary: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court. They will represent you aggressively, presenting your case before a judge and jury to seek the compensation you deserve.

By enlisting the help of a skilled attorney, you are giving yourself the best chance at obtaining the compensation necessary to cover your medical expenses, lost wages, and other damages resulting from your whiplash injury.

Finding the right attorney for your whiplash case in San Antonio

Choosing the right attorney to handle your whiplash injury case in San Antonio is crucial for a successful outcome. Here are some factors to consider when selecting an attorney:

1. Specialization: Look for an attorney who specializes in personal injury law and has specific experience with whiplash injury cases. They will have the necessary knowledge and expertise to handle your case effectively.

2. Track Record: Research the attorney’s track record of success in handling whiplash injury cases. Look for testimonials, case results, and client reviews to gauge their reputation and level of client satisfaction.

3. Communication Skills: A good attorney should be a good communicator. They should be able to explain complex legal concepts clearly, answer your questions promptly, and keep you informed about the progress of your case.

4. Personal Connection: Whiplash injury cases can be emotionally challenging, so it’s essential to choose an attorney with whom you feel comfortable and can trust. Schedule a consultation to gauge your compatibility with the attorney and assess how well they understand your concerns.

By carefully considering these factors and conducting thorough research, you can find an attorney who is the right fit for your whiplash injury case in San Antonio.

The timeline of a whiplash injury case

It’s important to be aware that the timeline of a whiplash injury case can vary depending on several factors, including the severity of your injuries, the complexity of the case, and the cooperation of the parties involved. While every case is unique, here is a general timeline that can give you an idea of what to expect:

1. Initial Consultation: You will meet with your attorney to discuss the details of your case, evaluate its merits, and determine the best course of action. This is an opportunity for you to ask any questions you may have and get a better understanding of the legal process.

2. Investigation and Evidence Gathering: Your attorney will conduct a thorough investigation, gathering evidence such as medical records, accident reports, witness statements, and expert opinions. This process may take several weeks or months, depending on the availability of evidence.

3. Demand and Negotiation: Once your attorney has gathered all the necessary evidence, they will prepare a demand letter outlining your damages and present it to the insurance company. The negotiation process can take some time as your attorney and the insurance adjuster work towards a fair settlement.

4. Settlement or Litigation: If a fair settlement is reached, your case will be resolved, and you will receive compensation. If a settlement cannot be reached, your attorney will file a lawsuit and proceed to litigation. This stage can take several months or even years, depending on the court’s schedule and the complexity of the case.

5. Resolution: Whether your case is settled or goes to trial, a resolution will be reached. If you receive a settlement, your attorney will ensure that all necessary paperwork is completed, and you receive your compensation. If your case goes to trial, the judge or jury will determine the outcome, and you will receive compensation if your claim is successful.

It’s important to remain patient throughout the process and trust that your attorney is working diligently to achieve the best possible outcome for your whiplash injury case.

Factors that can affect your compensation

Several factors can influence the amount of compensation you receive for your whiplash injury. While every case is unique, here are some common factors that are taken into consideration:

1. Severity of Injuries: The extent of your injuries, as determined by medical professionals, will play a significant role in determining the compensation you receive. More severe injuries that result in long-term or permanent disabilities will typically result in higher compensation.

2. Medical Expenses: The cost of medical treatment, including hospital stays, surgeries, physical therapy, medications, and ongoing care, will be factored into your compensation.

3. Lost Wages: If your whiplash injury prevents you from working, you may be entitled to compensation for lost wages. This can include both past and future lost earnings.

4. Pain and Suffering: Compensation for the physical pain, emotional distress, and reduced quality of life resulting from your whiplash injury will also be considered.

5. Comparative Negligence: If you are found partially at fault for the accident that caused your whiplash injury, your compensation may be reduced. This is known as comparative negligence.

It’s important to discuss these factors with your attorney, who will provide guidance on what to expect based on the specifics of your case. They will work tirelessly to ensure that you receive fair compensation for the damages you have suffered.

Conclusion: The importance of hiring an attorney for whiplash injuries in San Antonio

Experiencing a whiplash injury can be a painful and frustrating time. However, by seeking the assistance of a skilled attorney who specializes in whiplash injuries in San Antonio, you can turn your pain into compensation and move forward towards a brighter future.

Navigating the legal process on your own can be overwhelming, especially when you are already dealing with physical pain and emotional distress. An attorney will guide you through the entire journey, ensuring that your rights are protected and you receive the compensation you deserve. They will handle all aspects of your case, from gathering evidence to negotiating with insurance companies, allowing you to focus on your recovery.

Don’t let your whiplash injury add additional stress to your life. Take control of your situation by seeking professional legal help. With the right attorney by your side, you can navigate the complexities of the legal system, maximize your chances of receiving fair compensation, and ultimately move forward towards a brighter future.

Posted by Aaron Herbert at 7:55 am

The What and How of Seeking Compensation for Distracted Driving Accidents in DFW in 2024

Monday, January 15, 2024

In today’s fast-paced world, distracted driving is a prevalent issue that can lead to devastating accidents. As technology continues to advance, so does the potential for driver distractions. If you’ve been involved in a distracted driving accident in the Dallas-Fort Worth area in 2024, seeking compensation is your right.

When it comes to navigating the legal process and seeking the compensation you deserve, understanding the “what” and “how” is essential. From gathering evidence to negotiating with insurance companies, this article explores the key steps you need to take to seek compensation for a distracted driving accident in DFW in 2024.

We understand that the aftermath of an accident can be overwhelming, and that’s why we’ve compiled this guide to provide you with the information you need to protect your rights. Whether you were a pedestrian, cyclist, or another driver involved in the accident, knowing the necessary legal procedures can make a significant difference in your case’s outcome.

Don’t let a distracted driving accident turn your life upside down. Read on to learn the ins and outs of seeking compensation and find the justice you deserve.

Understanding the concept of seeking compensation for accidents

When it comes to seeking compensation for a distracted driving accident, it’s important to understand the concept and how it applies to your specific case. Seeking compensation means pursuing financial reimbursement for the damages and losses you have suffered as a result of the accident. This can include medical expenses, property damage, lost wages, pain and suffering, and more.

To seek compensation, you will need to establish that the other party involved in the accident was negligent and that their negligence directly caused the accident and your injuries. Negligence refers to a failure to exercise reasonable care while driving, such as using a cellphone, eating, or engaging in any other activity that diverts attention from the road.

Types of distracted driving accidents in DFW

Distracted driving accidents can take various forms depending on the nature of the distraction. In the Dallas-Fort Worth area, some common types of distracted driving accidents include:

1. Cellphone use: This includes talking, texting, or using any smartphone applications while driving.

2. Eating or drinking: Taking your hands off the wheel to eat, drink, or reach for food can lead to accidents.

3. Grooming: Applying makeup, fixing hair, or any other form of grooming while driving can be dangerous.

4. Navigation systems: Adjusting GPS devices or using other navigation systems can cause distractions.

5. Talking to passengers: Engaging in conversations with passengers that divert your attention from the road.

6. Daydreaming: Allowing your mind to wander and lose focus on driving can lead to accidents.

The role of negligence in distracted driving accidents

To seek compensation for a distracted driving accident, you need to establish that the other party was negligent. Negligence in a distracted driving accident means that the other driver failed to exercise reasonable care, resulting in the accident and your injuries.

To prove negligence, you will need to demonstrate the following elements:

1. Duty of care: The other driver had a legal duty to operate their vehicle safely and without distractions.

2. Breach of duty: The other driver breached their duty of care by engaging in distracting behavior while driving.

3. Causation: The distracted driving directly caused the accident and your injuries.

4. Damages: You suffered actual damages as a result of the accident, such as medical expenses or lost wages.

Steps to take immediately after a distracted driving accident

After a distracted driving accident, taking the right steps can significantly impact your ability to seek compensation. Here are the key steps you should take immediately following the accident:

1. Seek medical attention: Your health and well-being should be the top priority. Seek medical attention even if you don’t have visible injuries, as some injuries may not be immediately apparent.

2. Contact the authorities: Call the police to report the accident and ensure that an official report is filed. This report will be crucial when seeking compensation.

3. Gather information: Collect the contact information of the other driver involved, as well as any witnesses. Take photos of the accident scene, the vehicles involved, and any visible injuries.

4. Notify your insurance company: Contact your insurance company to report the accident and provide them with all the necessary information. However, avoid giving a detailed statement until you have consulted with an attorney.

5. Consult with a personal injury attorney: It’s essential to seek legal advice from a personal injury attorney who specializes in distracted driving accidents. They can guide you through the legal process and protect your rights.

Gathering evidence to support your compensation claim

To strengthen your compensation claim, gathering sufficient evidence is crucial. This evidence will help establish the other party’s negligence and the extent of your damages. Here are some key types of evidence you should collect:

1. Accident scene evidence: This includes photographs of the accident scene, skid marks, traffic signs, and any other relevant physical evidence.

2. Witness statements: Obtain statements from any witnesses who saw the accident occur. Their testimonies can support your version of events.

3. Medical records: Keep a record of all medical treatment and related expenses. This includes hospital bills, doctor’s reports, diagnostic tests, and receipts for medications.

4. Lost wages documentation: If your injuries caused you to miss work, gather documentation from your employer that shows your lost income.

5. Expert opinions: In complex cases, it may be necessary to consult with experts such as accident reconstruction specialists or medical professionals to provide their opinions on the accident and your injuries.

Calculating the damages in a distracted driving accident case

When seeking compensation, it’s important to understand the different types of damages you may be entitled to. Damages can be divided into two categories: economic and non-economic.

Economic damages are tangible losses that can be easily calculated, such as medical expenses, property damage, and lost wages. Non-economic damages, on the other hand, are subjective and more challenging to quantify. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

To calculate economic damages, gather all relevant documentation such as medical bills, receipts, and pay stubs. Non-economic damages are often calculated using a multiplier based on the severity of your injuries and the impact they have had on your life.

The legal process of seeking compensation in DFW

The legal process of seeking compensation for a distracted driving accident in DFW can be complex. It typically involves the following steps:

1. Filing a claim: Your personal injury attorney will help you file a claim with the at-fault driver’s insurance company. This claim should outline the damages you are seeking and provide supporting evidence.

2. Negotiation: The insurance company may offer a settlement to resolve the claim. Your attorney will negotiate on your behalf to ensure you receive fair compensation for your injuries.

3. Litigation: If a fair settlement cannot be reached, your attorney may advise filing a lawsuit. This involves initiating legal proceedings and presenting your case in court.

4. Trial and verdict: During the trial, both sides will present their arguments and evidence. The jury or judge will then determine the verdict and any compensation awarded.

Hiring a personal injury attorney for your case

Navigating the legal process of seeking compensation for a distracted driving accident can be challenging, especially when dealing with insurance companies and complex legal procedures. Hiring a personal injury attorney with experience in distracted driving accidents can significantly improve your chances of success.

A knowledgeable attorney will handle all aspects of your case, from gathering evidence and negotiating with insurance companies to representing you in court, if necessary. They will ensure that your rights are protected, and you receive the compensation you deserve for your injuries and losses.

Conclusion

Don’t let a distracted driving accident turn your life upside down. Seeking compensation for a distracted driving accident in the Dallas-Fort Worth area in 2024 is your right. Understanding the necessary legal procedures and taking the appropriate steps can make a significant difference in your case’s outcome.

Remember to gather evidence, consult with a personal injury attorney, and seek medical attention immediately after an accident. With the right support and guidance, you can navigate the legal process and seek the compensation you deserve. Let justice prevail, and ensure that distracted drivers are held accountable for their actions.

Posted by Aaron Herbert at 9:24 am

Unlocking the Secrets to Winning Distracted Driving Accident Lawsuits in San Antonio: Maximizing Your Compensation

Monday, January 15, 2024

In today’s digital age, distracted driving has become an alarming epidemic on the roads of San Antonio. As more and more drivers succumb to the temptation of using their phones or engaging in other distractions behind the wheel, the number of accidents caused by such negligence continues to rise. If you’ve been a victim of a distracted driving accident in San Antonio, it’s essential to know the secrets to winning your lawsuit and maximizing your compensation.

In this article, we will unlock those secrets and provide you with valuable insight into navigating the legal complexities of a distracted driving accident case. From gathering crucial evidence to finding expert witnesses, we will guide you through the necessary steps to strengthen your claim and increase your chances of a successful outcome.

Whether you were a pedestrian, cyclist, or another motorist involved in the accident, we understand the physical, emotional, and financial toll it can take on your life. With our comprehensive guide, you will have the tools and knowledge you need to fight for the justice and compensation you deserve.

Don’t let distracted drivers get away with their negligence. Join us on this journey as we delve into the secrets of winning distracted driving accident lawsuits in San Antonio and empower yourself to take control of your legal battle.

Understanding distracted driving accidents in San Antonio

Distracted driving accidents occur when a driver’s attention is diverted from the road due to various distractions. These distractions can include texting or talking on the phone, eating or drinking, talking to passengers, grooming, using in-car technologies, or even daydreaming. In San Antonio, as in many other cities, distracted driving has become a significant problem, leading to a high number of accidents and injuries.

To win a distracted driving accident lawsuit in San Antonio, it is crucial to understand the factors that contribute to these accidents. By familiarizing yourself with the common causes and consequences of distracted driving, you can build a strong case to prove negligence and seek maximum compensation.

One of the most common causes of distracted driving accidents is cellphone use. Texting while driving, in particular, has been identified as a leading cause of accidents. According to a study by the National Highway Traffic Safety Administration (NHTSA), sending or reading a text message takes a driver’s eyes off the road for an average of 5 seconds, equivalent to driving the length of a football field blindfolded at 55 mph. This alarming statistic highlights the dangers of distracted driving and the need for stricter enforcement and education.

The impact of distracted driving on accident lawsuits

Distracted driving can have a significant impact on accident lawsuits in San Antonio. When it comes to determining liability and assessing damages, the at-fault driver’s distracted behavior can be a crucial factor. Proving that the driver was negligent and distracted at the time of the accident is essential for a successful lawsuit.

In Texas, negligence is a key element in personal injury cases. To establish negligence, you must prove that the defendant owed you a duty of care, breached that duty, and caused your injuries as a result. In the case of a distracted driving accident, you can argue that the driver had a duty to operate their vehicle safely and responsibly, but they breached that duty by engaging in distracting activities.

To support your claim, it is vital to gather evidence that proves the driver was distracted. This evidence can include eyewitness testimonies, video footage, phone records, and police reports. Working with an experienced personal injury attorney in San Antonio can greatly enhance your ability to gather and present this evidence effectively.

Gathering evidence to support your distracted driving accident claim

Gathering evidence is a crucial step in winning a distracted driving accident lawsuit in San Antonio. The strength of your evidence can significantly impact the outcome of your case and the amount of compensation you receive. To maximize your chances of success, it is essential to gather as much evidence as possible to support your claim.

One of the first steps in gathering evidence is obtaining a copy of the police report filed at the scene of the accident. The police report often contains valuable information, such as the officer’s observations, statements from involved parties and witnesses, and any citations issued to the at-fault driver. This report can serve as a foundation for your case and help establish the negligence of the distracted driver.

In addition to the police report, eyewitness testimonies can play a crucial role in proving negligence. Eyewitnesses who saw the driver using their phone or engaging in other distractions can provide valuable accounts of the events leading up to the accident. Their statements can help strengthen your case and establish the driver’s negligence.

Working with an experienced personal injury attorney in San Antonio

Navigating the legal complexities of a distracted driving accident lawsuit can be overwhelming, especially if you are dealing with injuries and emotional distress. To ensure you have the best possible chance of winning your case and maximizing your compensation, it is crucial to work with an experienced personal injury attorney in San Antonio.

A skilled attorney can guide you through the entire legal process, from gathering evidence to negotiating with insurance companies and representing you in court if necessary. They will have a deep understanding of Texas personal injury laws and the specific nuances of distracted driving accident cases.

When choosing a personal injury attorney, look for someone with a track record of success in handling distracted driving accident cases. They should have a strong reputation, positive client reviews, and a willingness to fight aggressively for your rights. By working with an experienced attorney, you can level the playing field and significantly increase your chances of a successful outcome.

Proving negligence in a distracted driving accident case

Proving negligence is a crucial step in winning a distracted driving accident lawsuit in San Antonio. To establish negligence, you must show that the at-fault driver owed you a duty of care, breached that duty, and caused your injuries as a result of their distracted behavior.

In the context of a distracted driving accident, the duty of care is the responsibility to operate a vehicle safely and responsibly. By engaging in distracting activities, such as texting or talking on the phone, the driver breaches this duty, putting themselves and others at risk.

To prove negligence, you will need to present evidence that establishes the driver’s distracted behavior at the time of the accident. This evidence can include eyewitness testimonies, video footage, phone records, and expert opinions. By demonstrating that the driver was distracted and their distraction led to the accident, you can strengthen your claim and increase your chances of winning the lawsuit.

Calculating your potential compensation in a distracted driving accident lawsuit

Calculating your potential compensation in a distracted driving accident lawsuit in San Antonio involves considering various factors, including the extent of your injuries, medical expenses, lost wages, property damage, and pain and suffering. While every case is unique, understanding the types of damages you may be entitled to can help you determine the value of your claim.

Economic damages are the tangible losses you have suffered as a result of the accident. These damages can include medical bills, rehabilitation costs, property damage, lost wages, and future medical expenses. Calculating economic damages often involves gathering receipts, medical records, and other documentation to support your claim.

Non-economic damages refer to the intangible losses you have experienced, such as pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. Unlike economic damages, which have a clear monetary value, non-economic damages can be more challenging to quantify. An experienced personal injury attorney can help you assess the impact of these damages on your life and seek appropriate compensation.

Dealing with insurance companies in distracted driving accident cases

Dealing with insurance companies is a common challenge in distracted driving accident cases. Insurance companies are businesses that aim to protect their bottom line, which means they may try to minimize the amount they pay out in claims. When negotiating with insurance companies, it is essential to be prepared and have a solid understanding of your rights and entitlements.

First, it is crucial to report the accident to your insurance company as soon as possible. Your insurance policy likely has a requirement to report accidents promptly, and failing to do so may jeopardize your claim. Provide the necessary details of the accident and cooperate with the claims adjuster assigned to your case.

During the claims process, it is crucial to be cautious when communicating with insurance adjusters. Remember that their role is to protect the interests of the insurance company, not necessarily to ensure you receive fair compensation. Avoid giving recorded statements without consulting your attorney, as these statements can be used against you later.

The importance of expert witnesses in distracted driving accident lawsuits

Expert witnesses can play a vital role in winning a distracted driving accident lawsuit in San Antonio. These individuals have specialized knowledge or experience in a particular field relevant to your case and can provide expert opinions and testimony to support your claim.

In distracted driving accident cases, expert witnesses can help establish the driver’s negligence and the link between their distraction and the resulting accident. For example, an accident reconstruction expert can analyze the scene of the accident, review the evidence, and provide a professional opinion on how the distraction contributed to the crash.

Other types of expert witnesses that may be valuable in a distracted driving accident lawsuit include medical experts, who can testify about the extent of your injuries and their impact on your life, and vocational experts, who can assess your ability to work and earn a living after the accident.

Settlement negotiations and trial options for distracted driving accident cases

In many distracted driving accident cases, settlement negotiations are the preferred method of resolving the dispute. Settlements offer benefits such as a quicker resolution, certainty of outcome, and potentially lower legal costs. However, it is essential to approach settlement negotiations with caution and ensure you are not settling for less than you deserve.

When engaging in settlement negotiations, it is crucial to have a clear understanding of the value of your claim and the damages you are entitled to. Working with an experienced personal injury attorney can greatly enhance your ability to negotiate a fair settlement. They will have the knowledge and skills to assess the strength of your case, calculate appropriate damages, and advocate for your best interests.

If a fair settlement cannot be reached, you may have the option to take your distracted driving accident case to trial. Trials can be complex and time-consuming, but they provide an opportunity to present your evidence and arguments in front of a judge or jury. Your attorney will guide you through the trial process and ensure your rights are protected at every stage.

Conclusion: Taking action and seeking justice for your distracted driving accident

Distracted driving accidents can have devastating consequences for victims in San Antonio. If you’ve been injured due to the negligence of a distracted driver, it is essential to take action and seek justice for the harm you have suffered. By understanding the secrets to winning distracted driving accident lawsuits and maximizing your compensation, you can empower yourself to fight for the justice you deserve.

Remember, gathering evidence, working with an experienced personal injury attorney, and proving negligence are key steps in building a strong case. Calculating your potential compensation, dealing with insurance companies, and considering settlement negotiations or trial options are also crucial aspects of the legal process.

Although the road to justice may be challenging, you don’t have to face it alone. Reach out to a reputable personal injury attorney in San Antonio to discuss your case and explore your legal options. With their guidance and expertise, you can navigate the complexities of a distracted driving accident lawsuit and increase your chances of a successful outcome. Together, let’s hold distracted drivers accountable and make our roads safer for everyone.

Posted by Aaron Herbert at 8:58 am

Navigating the Legal Maze: Essential Requirements to Sue an Uninsured Motorist in Dallas

Monday, January 1, 2024
Navigating the Legal Maze: Essential Requirements to Sue an Uninsured Motorist in Dallas 4

Are you a victim of a car accident in Dallas caused by an uninsured motorist? Navigating the legal process can feel like a daunting maze. However, understanding the essential requirements to sue an uninsured motorist can make a significant difference in your case. In this article, we will explore the key steps you need to take to protect your rights and seek compensation for your damages.

First and foremost, it is crucial to gather as much evidence as possible to support your claim. This includes obtaining a police report, taking photographs of the accident scene and property damage, and collecting witness statements if applicable. Additionally, it is essential to consult with an experienced personal injury attorney who can guide you through the legal process and ensure that your rights are protected.

While dealing with an uninsured motorist can be challenging, knowing the necessary requirements for filing a lawsuit can help you navigate through the complexities of your case. Don’t let the lack of insurance coverage deter you from seeking the compensation you deserve. By understanding the legal steps and seeking professional advice, you can pursue justice and ensure your rights are upheld.

Understanding uninsured motorists

Car accidents happen every day, and unfortunately, some drivers neglect their responsibility to carry auto insurance. These uninsured motorists put innocent victims at risk and create additional challenges when it comes to seeking compensation for damages. Uninsured motorists are individuals who do not have liability insurance coverage to pay for the damages they cause in an accident.

Without insurance coverage, victims of car accidents with uninsured motorists may face significant financial burdens. Medical expenses, property damage, and lost wages can quickly add up, leaving victims feeling overwhelmed and unsure of how to move forward. However, it’s essential to remember that you have legal options to pursue compensation and hold the uninsured motorist accountable for their actions.

Why suing an uninsured motorist is necessary

Suing an uninsured motorist is necessary to protect your rights and seek the compensation you deserve. While insurance coverage should ideally handle these situations, the reality is that not all drivers comply with this requirement. By pursuing legal action, you can ensure that the responsible party is held accountable for their actions and that you receive the compensation you need to recover from the accident.

Moreover, by filing a lawsuit against the uninsured motorist, you are also sending a message to other drivers that negligence will not go unpunished. This can potentially discourage others from driving without insurance and contribute to making the roads safer for everyone.

Statutory requirements for suing an uninsured motorist in Dallas

In Dallas, there are specific statutory requirements that must be met to successfully sue an uninsured motorist. These requirements exist to protect both the victim and the uninsured motorist in the legal process. Here are some essential statutory requirements to keep in mind:

1. Notification: You must notify your insurance company within a certain timeframe after the accident. Failure to do so may result in your claim being denied.

2. Cooperation: You must cooperate with your insurance company’s investigation of the accident. This may include providing necessary documentation, participating in recorded statements, and attending medical examinations.

3. Evidence: You must provide evidence that the uninsured motorist was at fault for the accident and that you have suffered damages as a result. This may include police reports, photographs, witness statements, medical records, and other relevant evidence.

Meeting these statutory requirements is crucial to building a strong case against the uninsured motorist. It is advisable to consult with an experienced personal injury attorney who can guide you through the process and ensure that you fulfill these requirements.

Gathering evidence to support your case

To successfully sue an uninsured motorist, you must gather as much evidence as possible to support your claim. This evidence will help establish fault, prove negligence, and demonstrate the extent of your damages. Here are some crucial pieces of evidence to collect:

1. Police report: Obtain a copy of the police report filed at the scene of the accident. This report will contain important details about the accident, including any citations issued to the uninsured motorist.

2. Photographs: Take photographs of the accident scene, property damage, and any visible injuries you sustained. These photographs can provide visual evidence of the impact and help establish the severity of the accident.

3. Witness statements: If there were any witnesses to the accident, try to obtain their contact information and statements. Witness testimony can provide additional support to your claim and help establish the uninsured motorist’s negligence.

4. Medical records: Keep records of all medical treatments you receive as a result of the accident. This includes hospital visits, surgeries, physical therapy, and any ongoing medical care. These records will help calculate the extent of your damages and the compensation you deserve.

By gathering comprehensive evidence, you strengthen your case and increase your chances of obtaining a favorable outcome. Remember to preserve all documentation related to the accident, as it will be critical during the legal process.

Navigating the Legal Maze: Essential Requirements to Sue an Uninsured Motorist in Dallas 6

Filing a claim with your insurance company

After gathering the necessary evidence, it’s time to file a claim with your insurance company. Notify your insurance company as soon as possible about the accident involving an uninsured motorist. Provide them with all the relevant information, including the police report, photographs, and witness statements.

Your insurance company will initiate an investigation into the accident and review your claim. It is important to cooperate fully with your insurance company during this process. Be prepared to answer questions, provide additional documentation if requested, and attend any necessary medical examinations.

Keep in mind that your insurance policy may have certain limitations and exclusions when it comes to uninsured motorist coverage. Consult with your personal injury attorney to ensure that you understand the terms of your policy and maximize your chances of receiving fair compensation.

Hiring a personal injury attorney

Navigating the legal process of suing an uninsured motorist can be complex and overwhelming. That’s why it is highly recommended to hire an experienced personal injury attorney who specializes in these types of cases. An attorney will provide invaluable guidance, protect your rights, and advocate for your best interests throughout the legal proceedings.

When choosing a personal injury attorney, look for someone with a track record of success in handling uninsured motorist cases. They should have a deep understanding of the relevant laws and regulations in Dallas and be familiar with the tactics insurance companies may use to deny or minimize claims.

Your attorney will handle all aspects of your case, including gathering additional evidence, negotiating with the insurance company, and representing you in court if necessary. Having an experienced advocate by your side ensures that you have the best chance of obtaining the compensation you deserve.

The legal process of suing an uninsured motorist in Dallas

Once you have hired a personal injury attorney, they will guide you through the legal process of suing an uninsured motorist in Dallas. The process typically involves the following steps:

1. Demand letter: Your attorney will draft a demand letter that outlines your claim, including the details of the accident, the uninsured motorist’s negligence, and the damages you have suffered. This letter will be sent to the uninsured motorist and their insurance company, if applicable, to initiate settlement negotiations.

2. Mediation and settlement negotiations: In many cases, the parties involved will attempt to reach a settlement through mediation. Mediation is a process where a neutral third party facilitates negotiations between the victim, their attorney, and the uninsured motorist or their insurance company. The goal is to reach a fair settlement that compensates the victim for their damages without going to trial.

3. Going to trial and obtaining a judgment: If a settlement cannot be reached, your case may proceed to trial. Your attorney will present your case before a judge or jury, arguing for your right to compensation. If successful, the court will issue a judgment in your favor, determining the amount of compensation you are entitled to.

The legal process of suing an uninsured motorist can be lengthy and complex. However, with the guidance and expertise of your personal injury attorney, you can navigate through the process and ensure that your rights are upheld.

Mediation and settlement negotiations

When pursuing a lawsuit against an uninsured motorist in Dallas, the first step is often attempting mediation and settlement negotiations. Mediation is a process where a neutral third party facilitates communication between the parties involved in the dispute to reach a mutually acceptable resolution. It is an opportunity for both parties to discuss their concerns and explore possible solutions.

During mediation, your personal injury attorney will present your case and argue for fair compensation for your damages. This may include medical expenses, property damage, lost wages, and pain and suffering. The goal is to reach a settlement that adequately compensates you for your losses without the need for a lengthy and costly trial.

It is important to note that mediation is not always successful, and the uninsured motorist may refuse to cooperate or agree to a fair settlement. In such cases, it may be necessary to proceed to the next step in the legal process, which is going to trial and obtaining a judgment.

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Steps to Protecting Yourself from the Financial Impact of an Uninsured Motorist

Did you know that even if you have car insurance, you might still be at risk of financial hardship if you get into an accident with an uninsured motorist? It’s true, and it’s a situation that no one wants to find themselves in. However, there are steps you can take to protect yourself from the financial impact of an uninsured motorist.

By being proactive and well-informed, you can ensure that you’re prepared for any unexpected incidents on the road. Don’t let an uninsured driver leave you in a financial bind. Take control of your financial well-being and protect yourself from the potential consequences of an accident with an uninsured motorist.

Understanding the risks of driving without insurance

Driving without insurance is not only illegal but also puts you at significant financial risk. If you get into an accident with an uninsured motorist and they are found to be at fault, you may be left to cover the costs of repairs, medical bills, and other damages yourself. This can quickly add up to a substantial financial burden that could take years to recover from.

In addition to the financial consequences, driving without insurance can also lead to legal troubles. Depending on the laws in your state or country, you may face fines, license suspension, or even imprisonment for driving without proper insurance coverage. It’s crucial to understand the risks involved and take the necessary steps to protect yourself.

The financial consequences of an uninsured motorist accident

Getting into an accident with an uninsured motorist can have severe financial implications. Without insurance coverage, you may be responsible for paying for repairs to your vehicle, medical expenses, and other damages out of pocket. If you don’t have substantial savings or assets to rely on, this can quickly lead to financial hardship.

Furthermore, even if you have insurance, not all policies offer coverage for accidents with uninsured motorists. It’s essential to review your policy carefully and understand the extent of your coverage. If you don’t have uninsured motorist coverage, now is the time to consider adding it to your policy to protect yourself from potential financial setbacks.

Pursuing compensation through uninsured motorist coverage

One of the most effective ways to protect yourself financially from an uninsured motorist is by pursuing compensation through your own insurance policy’s uninsured motorist coverage. Here’s what you need to know:

1. Understand Your Coverage

Review your insurance policy to understand the details of your uninsured motorist coverage. Familiarize yourself with the limits and conditions of the policy, including any exclusions or restrictions that may apply.

2. File a Claim

In the event of an accident with an uninsured motorist, file a claim with your insurance company as soon as possible. Provide them with all the necessary documentation, including the police report, photographs, and witness statements. Be prepared to provide a detailed account of the accident and any resulting injuries or damages.

3. Negotiate Fair Compensation

Your insurance company may try to settle for a lower amount than you deserve. It’s important to negotiate and advocate for fair compensation. If necessary, consult with your attorney to ensure you’re receiving the full extent of coverage you’re entitled to.

Pursuing compensation through your uninsured motorist coverage is a proactive step in protecting yourself from the financial impact of an uninsured driver. By understanding your coverage and advocating for fair compensation, you can minimize the potential financial burden of an accident.

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Preventative measures to protect yourself from uninsured motorists

While accidents with uninsured motorists can be challenging to avoid entirely, there are preventative measures you can take to protect yourself and reduce the risk. Here are some steps you can implement today:

1. Maintain Adequate Insurance Coverage

Ensure that you have sufficient insurance coverage to protect yourself in the event of an accident with an uninsured motorist. Review your policy regularly to make sure it aligns with your needs and provides adequate protection.

2. Install Dash Cams

Invest in a dash cam for your vehicle. Dash cams can provide crucial evidence in the event of an accident, helping prove fault and protect your interests. Having video footage can be particularly beneficial when dealing with uninsured drivers.

3. Exercise Defensive Driving

Practice defensive driving techniques to minimize the risk of accidents with uninsured motorists. Stay alert, maintain a safe distance from other vehicles, and obey traffic laws. Being proactive and cautious on the road can help you avoid collisions and reduce the likelihood of encountering uninsured drivers.

Taking preventative measures can significantly reduce the potential financial impact of an accident with an uninsured motorist. By maintaining adequate insurance coverage, installing dash cams, and practicing defensive driving, you can mitigate the risks associated with uninsured drivers.

Conclusion: Protecting yourself against uninsured motorists

Dealing with an uninsured motorist can be a challenging and frustrating experience. However, by understanding the necessary requirements for suing an uninsured motorist in Dallas and seeking professional advice, you can pursue justice and ensure your rights are upheld.

Remember to gather as much evidence as possible to support your claim, file a claim with your insurance company, and hire an experienced personal injury attorney to guide you through the legal process. By taking these essential steps, you can protect yourself against uninsured motorists and seek the compensation you deserve.

Don’t let the lack of insurance coverage deter you from seeking justice. With the right knowledge and support, you can navigate the legal maze and achieve a favorable outcome in your case. Take action today to protect your rights and hold the uninsured motorist accountable for their actions.

Posted by Aaron Herbert at 2:17 pm

Understanding Right of Way Laws in San Antonio: A Comprehensive Guide

Tuesday, December 5, 2023
Right of Way

Are you confused about who has the right of way at a busy intersection? Do you find yourself hesitating at four-way stops, unsure who should go first? Understanding right of way laws is essential for every driver, especially in a bustling city like San Antonio. In this comprehensive guide, we will break down the intricacies of right of way laws in San Antonio, ensuring you have a solid grasp of the rules of the road.

From yielding to pedestrians at crosswalks to navigating roundabouts, we will explore the various scenarios you may encounter while driving in San Antonio. Whether you are a new driver learning the ropes or an experienced one wanting to brush up on your knowledge, this guide has got you covered.

By familiarizing yourself with San Antonio’s right of way laws, you can drive confidently, reduce the risk of accidents, and stay on the right side of the law. So, let’s dive in and gain a comprehensive understanding of right of way laws in San Antonio.

What is right of way?

Right of way refers to the privilege of a driver or pedestrian to proceed first in a specific traffic situation. It determines the order in which vehicles and pedestrians should proceed to ensure smooth and safe traffic flow. Right of way laws are in place to prevent accidents and maintain order on the roads.

In San Antonio, right of way laws are governed by the Texas Transportation Code, which outlines the rules and regulations that drivers must follow. Understanding these laws is crucial for all road users to avoid collisions and contribute to a safer driving environment.

It’s important to note that right of way is not absolute and can vary depending on the circumstances. In some situations, multiple road users may have the right of way simultaneously, requiring drivers and pedestrians to exercise caution and use common sense to prevent accidents. Now, let’s explore the common right of way rules and regulations in San Antonio.

Importance of understanding right of way laws in San Antonio

San Antonio, like any other city, has specific right of way rules and regulations to ensure the safe and efficient movement of traffic. Let’s take a closer look at some of the most common right of way scenarios you may encounter while driving in San Antonio.

San Antonio follows Texas state laws regarding right of way. The rules are designed to ensure the safe and orderly flow of traffic. The most common right of way rules include:

– Yielding to the right: When two vehicles arrive at an intersection at the same time, the driver on the right has the right of way. This rule applies at four-way stops, T-intersections, and other intersections without traffic signals.

– Following traffic signals and signs: Traffic signals and signs provide clear instructions on when to proceed and when to stop. Drivers must obey these signals and signs to prevent accidents.

– Yielding to pedestrians: Pedestrians always have the right of way at crosswalks, whether marked or unmarked. Drivers must slow down or stop to let pedestrians cross the road safely.

– Yielding to emergency vehicles: When an emergency vehicle with its siren and lights on approaches, drivers must yield and move to the right side of the road to allow the vehicle to pass.

These are the most common right of way rules that drivers must follow in San Antonio. However, there are specific rules for different scenarios that we will discuss in the following sections.

Understanding Right of Way at Intersections

Intersections can be particularly tricky when it comes to determining who has the right of way. In San Antonio, the general rule is that the vehicle arriving first at the intersection has the right of way. However, if two or more vehicles arrive at the same time, the vehicle on the right has the right of way. This rule applies to both four-way and two-way stop intersections.

It’s important to approach intersections cautiously, especially when there are no traffic signals or signs. Always yield the right of way to other vehicles or pedestrians already in the intersection, and proceed only when it is safe to do so. This will help prevent accidents and ensure a smooth flow of traffic.

Intersections are the most common places where right of way rules come into play. San Antonio has various types of intersections, and each has its own right of way rules.

– Four-way stops: At a four-way stop, the first driver to arrive has the right of way. If two or more drivers arrive at the same time, the driver on the right has the right of way. If two drivers are facing each other, and one is turning left, the driver turning left must yield to the driver going straight or turning right.

– Traffic lights: At an intersection with traffic lights, drivers must follow the signals. A green light means go, a red light means stop, and a yellow light means caution. Drivers must not enter an intersection when the light is red.

– Roundabouts: Roundabouts are circular intersections that require drivers to yield to traffic already in the circle. Drivers must enter the roundabout only when there is a gap in traffic.

It is crucial to pay attention to road signs and signals when approaching an intersection. Failing to follow right of way rules can cause accidents and result in fines.

Pedestrian Right of Way Laws in San Antonio

In San Antonio, pedestrians have the right of way at marked crosswalks and unmarked intersections. When approaching a crosswalk, drivers must yield to pedestrians and allow them to cross safely. It is crucial to exercise extra caution around schools, parks, and other areas with high pedestrian traffic.

Pedestrians also have the right of way when crossing at intersections where there are no traffic signals or signs. Drivers must always yield to pedestrians in these situations and allow them to cross before proceeding.

Right of Way Rules for Cyclists in San Antonio

Cyclists are considered vehicles under Texas law and are subject to the same right of way rules as other vehicles. When sharing the road with cyclists, drivers must treat them with the same respect and courtesy as they would any other vehicle.

Cyclists have the right of way when riding in a designated bike lane. Drivers should not encroach upon the bike lane and should yield to cyclists when necessary. When making a right turn, drivers must also yield to cyclists traveling straight through an intersection.

Right of Way Laws for Emergency Vehicles in San Antonio

When emergency vehicles, such as ambulances, fire trucks, or police cars, are approaching with their lights and sirens on, it is crucial to yield the right of way and make way for them to pass safely. In San Antonio, drivers must pull over to the right-hand side of the road and come to a complete stop until the emergency vehicle has passed.

It is essential to be aware of your surroundings and listen for sirens or observe flashing lights. Always remain calm and avoid sudden maneuvers that could endanger yourself or other road users. Remember, giving way to emergency vehicles can save lives.

Consequences of Violating Right of Way Laws in San Antonio

Violating right of way laws can have serious consequences. In addition to the potential for accidents and injuries, drivers who fail to yield the right of way may face legal penalties. These penalties can include fines, points on your driving record, increased insurance premiums, and even the suspension of your driver’s license.

It is not only the legal consequences that should deter drivers from disregarding right of way laws. Respecting the right of way of others is essential for fostering a culture of safe and responsible driving in San Antonio. By following these laws, you can contribute to a safer road environment for everyone.

Conclusion and importance of safe and responsible driving in San Antonio

Understanding right of way laws is crucial for every driver in San Antonio. By familiarizing yourself with these laws, you can navigate intersections, yield to pedestrians and cyclists, and respond appropriately when emergency vehicles are present. This knowledge is essential for driving confidently, reducing the risk of accidents, and staying on the right side of the law.

Remember, safe and responsible driving is not just about following right of way laws. It also includes obeying speed limits, using turn signals, and avoiding distractions while behind the wheel. By practicing these habits, we can all contribute to a safer and more enjoyable driving experience in San Antonio.

So, the next time you approach an intersection or encounter a pedestrian or cyclist, remember your right of way responsibilities. Let’s prioritize safety, respect, and responsible driving to make San Antonio’s roads a better place for everyone. Stay informed, stay vigilant, and drive with care.

Posted by Aaron Herbert at 12:43 pm

Dealing with Uninsured At-Fault Drivers in San Antonio: What You Need to Know

Monday, December 4, 2023
Uninsured

In the bustling city of San Antonio, accidents happen, and unfortunately, not every driver on the road has insurance coverage. Dealing with an uninsured at-fault driver can be a stressful and frustrating experience, leaving you wondering how to navigate the legal and financial implications.

In this article, we will guide you through the essentials of handling uninsured at-fault drivers in San Antonio, equipping you with the knowledge and understanding you need to protect yourself and your rights. From understanding your insurance policy to exploring the options available for seeking compensation, we will provide you with valuable insights into this complex situation.

San Antonio’s vibrant and diverse community attracts millions of residents and tourists alike. However, with this influx of traffic comes an increased risk of accidents. Knowing how to navigate the aftermath of an accident caused by an uninsured driver can make all the difference in obtaining the compensation you deserve.

Join us as we delve into the legal nuances of dealing with uninsured at-fault drivers in San Antonio, uncovering the steps you should take and the resources available to you.

Understanding uninsured at-fault drivers

When an accident occurs, it’s crucial to determine who is at fault. In San Antonio, if you are involved in an accident with an uninsured driver who was at fault, you may face unique challenges. Unlike accidents involving insured drivers, where their insurance company typically covers the damages, you may need to explore other avenues for compensation.

Uninsured at-fault drivers are individuals who do not have liability insurance coverage, which is required by law in Texas. This lack of insurance coverage can leave you in a difficult position, as you may need to turn to your own insurance policy or pursue legal action to recover your losses.

It’s important to note that just because the other driver is uninsured does not automatically make them at fault for the accident. Determining fault requires gathering evidence and potentially involving law enforcement and insurance companies. Understanding the legal implications of dealing with uninsured at-fault drivers is crucial for protecting your rights and seeking the compensation you deserve.

The financial impact of uninsured at-fault drivers

Being involved in an accident with an uninsured at-fault driver can have significant financial implications. Without insurance coverage, the at-fault driver may not have the means to compensate you for your medical expenses, property damage, and other losses resulting from the accident.

In these situations, you may need to rely on your own insurance policy to cover the damages. Depending on your coverage, you may be able to file a claim under your uninsured motorist coverage or personal injury protection (PIP) coverage. However, it’s essential to review your policy carefully and understand the limits and exclusions that may apply.

If your insurance coverage is insufficient to cover your losses, you may need to pursue legal action against the uninsured driver. This can involve filing a personal injury lawsuit to seek compensation directly from the at-fault driver. However, it’s important to consider the financial feasibility of pursuing legal action, as it can be a time-consuming and costly process.

Reporting the accident and gathering evidence

After an accident involving an uninsured at-fault driver, it’s crucial to take immediate action to protect your rights and gather evidence. Start by contacting law enforcement to report the accident. The police report will serve as a valuable piece of documentation when dealing with insurance companies or pursuing legal action.

While waiting for law enforcement to arrive, if it is safe to do so, gather as much evidence as possible. Take photos of the accident scene, including damage to vehicles and any visible injuries. Collect contact information from witnesses who can provide statements about what they saw. These pieces of evidence can be crucial in establishing fault and supporting your claim for compensation.

Filing a claim with your insurance company

When dealing with an uninsured at-fault driver, it’s essential to notify your insurance company promptly. Contact your agent or the claims department to report the accident and provide them with all the relevant details. They will guide you through the process of filing a claim and explain the coverage options available to you.

If you have uninsured motorist coverage, your insurance company may step in to cover your losses, up to the policy limits. This coverage is designed to protect you in situations where the at-fault driver is uninsured or underinsured. However, be aware that insurance companies may still try to minimize payouts, so it’s crucial to document your losses thoroughly and seek legal advice if necessary.

Pursuing legal action against the uninsured driver

If your insurance coverage is insufficient or if your insurance company denies your claim, you may need to consider pursuing legal action against the uninsured driver. This can be a complex and lengthy process, so it’s advisable to consult with an experienced personal injury attorney who specializes in uninsured motorist cases.

An attorney can help you navigate the legal system, gather additional evidence to support your claim, and negotiate with the at-fault driver’s insurance company or represent you in court. They will work to secure the compensation you deserve for your injuries, medical expenses, lost wages, and other damages resulting from the accident.

Uninsured motorist coverage and its importance

Uninsured motorist coverage is an essential component of your auto insurance policy. This coverage protects you in situations where you are involved in an accident with an uninsured or underinsured driver. It provides an additional layer of protection to ensure that you can recover your losses, even if the at-fault driver does not have insurance or lacks sufficient coverage.

When reviewing your insurance policy, be sure to check your uninsured motorist coverage limits and consider increasing them if necessary. While this may result in a slightly higher premium, it can provide you with greater financial protection in the event of an accident with an uninsured at-fault driver.

Steps to take to protect yourself from uninsured drivers

While you cannot control the actions of other drivers on the road, there are steps you can take to protect yourself from uninsured drivers. One of the most important steps is to maintain adequate insurance coverage, including uninsured motorist coverage.

Additionally, practicing defensive driving techniques can help reduce the risk of accidents. Stay alert, obey traffic laws, and anticipate the actions of other drivers. Avoid distractions such as texting or talking on the phone while driving, as this can impair your ability to react to potential hazards.

If you are involved in an accident, whether or not the other driver is insured, always follow proper procedures. Contact law enforcement, gather evidence, and report the accident to your insurance company promptly. By taking these steps, you can ensure that you are well-prepared to handle the aftermath of an accident with an uninsured at-fault driver.

Resources for victims of uninsured at-fault accidents

If you have been involved in an accident with an uninsured at-fault driver, you are not alone. There are resources available to help you navigate the legal and financial challenges that may arise. Consider reaching out to local organizations or legal aid services that specialize in assisting accident victims and providing guidance in dealing with uninsured drivers.

These resources can provide valuable information, support, and legal advice to help you understand your rights and options. They can also connect you with experienced attorneys who can represent you and advocate for your best interests throughout the process.

Frequently asked questions about uninsured at-fault drivers

1. Can I sue an uninsured at-fault driver?

Yes, you can sue an uninsured at-fault driver to seek compensation for your losses. However, keep in mind that recovering damages may be challenging if the driver does not have the means to pay.

2. What happens if the uninsured driver cannot afford to compensate me?

If the uninsured driver cannot afford to compensate you, you may need to explore other options for recovering your losses. This could include pursuing legal action, seeking compensation through your own insurance policy, or utilizing other resources available to accident victims.

3. Can my insurance rates increase if I file a claim for an accident caused by an uninsured driver?

Filing a claim for an accident caused by an uninsured driver should not directly result in an increase in your insurance rates. However, it’s essential to review your policy and consult with your insurance provider to understand any potential impacts.

Conclusion: Taking action and seeking justice

Dealing with an uninsured at-fault driver in San Antonio can be a challenging and overwhelming experience. However, by understanding your rights, exploring your insurance coverage, and seeking legal advice when necessary, you can protect yourself and pursue the compensation you deserve.

Remember to take immediate action after an accident, reporting the incident, gathering evidence, and contacting your insurance company. Be prepared to navigate the legal system and consider consulting with an attorney to ensure that your rights are protected.

While accidents involving uninsured at-fault drivers can be complex, you don’t have to face the challenges alone. Utilize the resources available to you, seek support from local organizations, and remember that justice is possible even in these difficult situations.

Posted by Aaron Herbert at 1:41 pm

Everything You Need to Know About Diminished Value Claims in San Antonio: A Comprehensive Guide

Friday, November 3, 2023

Welcome to our comprehensive guide on diminished value claims in San Antonio. If you’ve recently been involved in a car accident in the area, you may be wondering what diminished value is and how it affects your vehicle’s worth. You’ve come to the right place for answers.

Diminished value refers to the decrease in a vehicle’s market value after it has been involved in an accident, even after it has been fully repaired. While it may seem unfair, potential buyers are often wary of purchasing a previously damaged vehicle, leading to a lower resale value.

In this guide, we will cover everything you need to know about filing a diminished value claim in San Antonio, including the steps involved, the importance of gathering evidence, and how to negotiate with insurance companies to ensure you receive fair compensation.

Our team of experts has years of experience in handling diminished value claims, and we understand the intricacies of the process in San Antonio. Whether you’re dealing with a minor fender bender or a major collision, this guide will provide you with the knowledge and tools you need to navigate the claims process and protect your financial interests.

Let’s dive in and demystify the world of diminished value claims in San Antonio.

Understanding the concept of diminished value

Diminished value refers to the decrease in a vehicle’s market value after it has been involved in an accident, even after it has been fully repaired. While it may seem unfair, potential buyers are often wary of purchasing a previously damaged vehicle, leading to a lower resale value.

To understand diminished value, it’s important to recognize that accidents leave a lasting impact on the perceived value of a vehicle. Even if a car has been expertly repaired, it will still have a history of damage that can make potential buyers hesitant. The market perception is that a repaired vehicle is not as valuable as one that has never been in an accident.

Furthermore, diminished value can be categorized into three types: inherent, immediate, and repair-related. Inherent diminished value refers to the loss in value due to the accident itself, while immediate diminished value refers to the drop in value immediately after the accident. Repair-related diminished value, on the other hand, refers to the loss in value resulting from the quality of repairs performed.

Understanding the concept of diminished value is essential when it comes to pursuing a claim in San Antonio. Now, let’s explore the factors that can affect the outcome of your diminished value claim.

Factors that affect diminished value claims

Several factors can influence the outcome of a diminished value claim. Insurance companies typically consider the following elements when assessing the value of a claim:

1. Age and mileage: The age and mileage of your vehicle play a crucial role in determining its overall value. Generally, older vehicles with higher mileage will have a lower market value, which can impact the amount of compensation you receive for diminished value.

2. Pre-accident condition: The condition of your vehicle before the accident can also affect the outcome of your claim. If your car had existing damage or mechanical issues, insurance companies may argue that the diminished value is not solely a result of the accident.

3. Severity of the damage: The severity of the damage sustained in the accident is a significant factor in determining the diminished value. Extensive structural damage or repairs to critical components can result in a higher diminished value claim.

4. Market demand and perception: The demand for specific makes and models in the market can also influence the value of your claim. If your vehicle is in high demand, the diminished value may be lower compared to less desirable models.

5. Quality of repairs: The quality of repairs performed on your vehicle plays a vital role in the diminished value claim. If repairs were not done properly or if there are visible signs of previous damage, the value of your claim may increase.

It’s important to gather evidence to support your diminished value claim. Let’s explore how you can determine the value of your claim and the steps to take after a car accident to strengthen your case.

How to determine the value of a diminished value claim

Determining the value of a diminished value claim can be a complex process. Insurance companies often use various methods to assess the value, and it’s crucial to have supporting evidence to negotiate a fair settlement. Here are some key steps to consider:

1. Obtain a professional appraisal: Hiring a certified appraiser who specializes in diminished value claims is essential. An appraiser will evaluate your vehicle’s pre-accident value, post-accident value, and calculate the diminished value. This expert opinion is crucial when negotiating with insurance companies.

2. Conduct market research: Research the local market to determine the value of similar vehicles without a history of accidents. This will give you a benchmark to compare your vehicle’s diminished value.

Value Diminishing

3. Gather supporting documentation: Collect all relevant documents related to the accident, repairs, and any additional expenses incurred. This includes accident reports, repair invoices, photographs of the damage, and any other evidence that strengthens your claim.

4. Calculate the diminished value: Using the information from the appraisal and market research, calculate the diminished value of your vehicle. This will give you an estimate of the compensation you should seek.

By following these steps and having a clear understanding of the factors affecting your claim, you can effectively pursue fair compensation for the diminished value of your vehicle. However, it’s important to take immediate action after a car accident to support your claim. Let’s explore the necessary steps to take.

Steps to take after a car accident to support your diminished value claim

After a car accident, it’s crucial to take specific steps to protect your rights and strengthen your diminished value claim. These steps include:

1. Document the accident scene: Take photographs of the accident scene, including the position of the vehicles, damage sustained, and any other relevant details. This evidence will support your claim and provide undeniable proof of the accident’s impact.

2. File a police report: Contact the local authorities and file a police report. This official documentation will serve as evidence of the accident and can support your claim.

Documenting The Damage

3. Seek medical attention: If you or any passengers have sustained injuries, seek immediate medical attention. Your well-being is a priority, and documenting any injuries sustained can be important for both your health and your claim.

4. Notify your insurance company: Contact your insurance company as soon as possible to report the accident. Provide them with all relevant details, including the other party’s information and any witness statements. Be honest and accurate in your account of the accident.

5. Preserve evidence: Keep all documents related to the accident, repairs, medical bills, and any other expenses incurred. This will strengthen your claim and provide a clear picture of the impact on your vehicle’s value.

Following these steps will help ensure that you have a strong foundation for your diminished value claim. However, it’s advisable to seek the expertise of a professional appraiser to accurately assess the diminished value of your vehicle. Let’s explore the reasons why hiring an appraiser is crucial for your claim.

The importance of hiring a professional appraiser for your diminished value claim

Hiring a professional appraiser is essential when pursuing a diminished value claim. Here are some reasons why:

1. Expert knowledge and experience: Professional appraisers have specialized knowledge and experience in evaluating diminished value claims. They understand the intricacies of the process and can provide an accurate assessment of your vehicle’s diminished value.

2. Unbiased assessment: Appraisers are independent third parties who can provide an unbiased evaluation of your vehicle’s value. This impartiality is crucial when negotiating with insurance companies and ensuring you receive fair compensation.

3. Proper documentation: Appraisers will provide a detailed report outlining the pre-accident value, post-accident value, and the calculated diminished value of your vehicle. This report serves as strong evidence to support your claim.

4. Negotiation power: Having a professional appraiser on your side can significantly strengthen your negotiating position. Insurance companies are more likely to take your claim seriously when it is supported by an expert appraisal.

By hiring a professional appraiser, you not only increase the chances of a successful diminished value claim but also ensure that your financial interests are protected. However, there are common challenges and misconceptions that you should be aware of when pursuing a diminished value claim. Let’s address these next.

Common challenges and misconceptions about diminished value claims

When pursuing a diminished value claim, it’s important to be aware of common challenges and misconceptions that can arise. Understanding these can help you navigate the claims process more effectively. Here are some key points to consider:

1. Insurance company resistance: Insurance companies may initially resist paying a diminished value claim, arguing that the repairs have restored the vehicle’s value. However, it’s crucial to remember that the perception of a repaired vehicle is still impacted in the market, leading to diminished value.

2. Time limitations: Each state has specific time limitations for filing a diminished value claim. In San Antonio, it’s important to be aware of these limitations and ensure your claim is filed within the required timeframe.

3. DIY appraisals: Attempting to assess the diminished value on your own without professional expertise can lead to inaccurate calculations. Insurance companies may use this as an opportunity to undervalue or deny your claim. Hiring a professional appraiser is essential for an accurate assessment.

4. Settling too quickly: Insurance companies may pressure you to settle quickly and offer a low settlement amount. It’s important to be patient and not accept an offer that does not adequately compensate you for the diminished value of your vehicle.

Understanding these challenges and misconceptions will help you approach your diminished value claim with confidence. However, it’s important to have a clear understanding of the legal process involved in filing a diminished value claim in San Antonio. Let’s explore this next.

The legal process of filing a diminished value claim in San Antonio

Filing a diminished value claim in San Antonio involves several steps. While the process may vary depending on the specifics of your case, here is a general overview of what to expect:

1. Hire a professional appraiser: As mentioned earlier, hiring a professional appraiser is crucial to accurately assess the diminished value of your vehicle. The appraiser will provide a detailed report that will serve as the basis for your claim.

2. Notify the responsible party: If the accident was caused by another party, you will need to inform them of your intention to pursue a diminished value claim. This notification is typically done through a demand letter, which outlines the details of the accident, the impact on your vehicle’s value, and the compensation you are seeking.

3. Negotiate with insurance companies: Once the responsible party’s insurance company receives your demand letter, they will assess the claim and respond with an offer. This is where the negotiation process begins. Your appraiser’s report, along with any other supporting evidence, will be crucial during this stage.

4. Consider legal representation: If the negotiation process reaches an impasse or if the insurance company offers an unreasonably low settlement, you may need to consider hiring legal representation. An attorney experienced in diminished value claims can advocate for your rights and ensure you receive fair compensation.

5. Settle or pursue legal action: Depending on the outcome of the negotiation process, you will need to decide whether to accept a settlement or pursue legal action. Your attorney will guide you through this decision-making process, taking into account the strength of your case and the potential outcomes.

Navigating the legal process of filing a diminished value claim can be complex, which is why it’s advisable to seek professional guidance. Once you have a clear understanding of the process, you can focus on negotiating a fair settlement. Let’s explore some tips for negotiating a fair settlement for your diminished value claim.

Tips for negotiating a fair settlement for your diminished value claim

Negotiating a fair settlement for your diminished value claim requires careful preparation and strategy. Here are some tips to help you achieve a favorable outcome:

1. Present a strong case: Gather all relevant documentation, including the appraisal report, repair invoices, and any additional evidence. Present a clear and concise case to the insurance company, highlighting the impact of the accident on your vehicle’s value.

2. Be patient and persistent: Insurance companies may try to delay the process or offer low settlements in the hope that you will give up. Be patient and persistent, reminding them of the evidence supporting your claim and the impact on your vehicle’s value.

3. Consider legal representation: If negotiations become challenging or if the insurance company is not offering a fair settlement, it may be necessary to involve an attorney. An experienced attorney can provide guidance, handle negotiations on your behalf, and advocate for your rights.

4. Be open to mediation or arbitration: If negotiations stall, consider alternative dispute resolution methods such as mediation or arbitration. These processes can help facilitate a resolution without the need for a lengthy court battle.

5. Know your rights: Familiarize yourself with your rights as a consumer and the laws governing diminished value claims in San Antonio. This knowledge will empower you during negotiations and help you make informed decisions.

By following these tips and approaching negotiations with confidence, you increase the chances of securing a fair settlement for your diminished value claim. Remember, protecting your rights and seeking compensation for diminished value is crucial to safeguarding your financial interests.

Conclusion: The importance of protecting your rights and seeking compensation for diminished value

In conclusion, if you’ve been involved in a car accident in San Antonio, it’s essential to understand the concept of diminished value and how it can affect your vehicle’s worth. Pursuing a diminished value claim requires thorough preparation, gathering evidence, and negotiating with insurance companies.

By understanding the factors that affect diminished value claims, determining the value of your claim, and taking the necessary steps to support your claim, you can navigate the claims process more effectively. Hiring a professional appraiser is crucial to accurately assess the diminished value of your vehicle, and being aware of common challenges and misconceptions will help you approach your claim with confidence.

Filing a diminished value claim in San Antonio involves a legal process that can be complex. Seek professional guidance if needed, and remember to negotiate a fair settlement that adequately compensates you for the diminished value of your vehicle.

Protecting your rights and seeking compensation for diminished value is not only about financial recovery but also about ensuring fairness and justice. By taking the necessary steps and advocating for your rights, you can protect your financial interests and move forward after a car accident in San Antonio.

Posted by Aaron Herbert at 10:23 am

Protecting Your Rights: Why an Experienced Attorney is Essential in Amputation Cases

Friday, October 6, 2023
Amputation Cases

When it comes to amputation cases, protecting your rights is essential. Navigating the legal complexities of these cases requires the expertise of an experienced attorney who specializes in personal injury law. Whether you have suffered a traumatic injury resulting in an amputation or you are advocating for a loved one, having a skilled legal professional in your corner can make all the difference.

An amputation is a life-altering event that can result in significant physical, emotional, and financial challenges. From medical expenses and rehabilitation costs to lost wages and long-term care, the impact can be overwhelming. However, with the help of an experienced attorney, you can ensure that your rights are protected and seek the compensation you deserve.

An attorney who specializes in amputation cases has a deep understanding of the relevant laws and regulations, as well as the intricacies of the medical field. They will work tirelessly to gather evidence, consult with medical experts, and build a strong case on your behalf. Their goal is to secure a fair settlement or win a favorable verdict that provides the financial support you need for a brighter future.

Don’t face the legal battle alone. Consult with an experienced attorney who will fight for your rights and help you navigate the complex process of an amputation case.

Understanding amputation cases

Amputation cases involve the loss of a limb, either partially or completely, due to a traumatic injury or a medical condition. These cases can arise from various circumstances, including car accidents, workplace accidents, medical malpractice, and defective products. The physical, emotional, and financial impact of amputation can be devastating, making it crucial to seek legal assistance to protect your rights.

Amputations can result in a wide range of challenges, including the need for extensive medical treatment, rehabilitation, and long-term care. Additionally, individuals who have undergone amputations often face significant emotional and psychological hurdles as they adjust to their new reality. An experienced attorney can provide the support and guidance needed to navigate these challenges and ensure that your rights are protected throughout the legal process.

The importance of legal representation in amputation cases

When facing an amputation case, having an experienced attorney by your side is crucial. These complex legal proceedings require a deep understanding of the relevant laws and regulations, as well as the intricacies of the medical field. A skilled attorney will have the knowledge and resources to build a strong case on your behalf, maximizing your chances of obtaining fair compensation.

One of the primary reasons for seeking legal representation in amputation cases is to ensure that your rights are protected and upheld. An attorney will advocate for you, fighting against insurance companies and opposing legal teams to secure a favorable outcome. They will work tirelessly to gather evidence, consult with medical experts, and build a comprehensive case that highlights the impact of the amputation on your life.

Common causes of amputations and legal implications

Amputations can occur as a result of various causes, each with its own legal implications. Car accidents, for example, are a common cause of traumatic amputations. In these cases, an attorney can help determine liability and pursue compensation from the responsible party. Workplace accidents, on the other hand, may involve workers’ compensation claims and potential negligence lawsuits against employers or third parties.

Medical malpractice can also lead to amputations, particularly in cases where delayed diagnosis, surgical errors, or infections occur. In such instances, an attorney specializing in medical malpractice can investigate the circumstances surrounding the amputation and hold the responsible healthcare professionals accountable.

Defective products, such as faulty machinery or dangerous prescription drugs, can also result in amputations. In these cases, a product liability claim may be filed against the manufacturer or distributor. An experienced attorney will navigate the complexities of these cases, ensuring that all potential avenues for compensation are explored.

The role of an experienced attorney in amputation cases

An experienced attorney specializing in amputation cases plays a crucial role in helping you navigate the legal process and seek the compensation you deserve. They bring a wealth of knowledge and expertise to the table, leveraging their understanding of personal injury law, medical terminology, and the intricacies of amputation cases.

One of the primary responsibilities of an attorney in an amputation case is to gather evidence. This includes reviewing medical records, consulting with medical experts, interviewing witnesses, and reconstructing the events that led to the amputation. By meticulously collecting and analyzing evidence, an attorney can build a strong case that establishes the liability of the responsible party.

Additionally, an attorney will handle all communication and negotiations with insurance companies on your behalf. Insurance companies often try to minimize payouts or deny claims altogether, making it crucial to have a skilled negotiator on your side. An attorney will fight for your rights and ensure that you receive the compensation you need to cover medical expenses, rehabilitation costs, lost wages, and other damages resulting from the amputation.

Gathering evidence and building a strong case

In amputation cases, evidence plays a crucial role in determining liability and securing fair compensation. An experienced attorney will leave no stone unturned when it comes to gathering evidence to support your case. They will review medical records, consult with medical experts, and interview witnesses to establish a clear timeline of events and demonstrate the impact of the amputation on your life.

Medical experts play a crucial role in amputation cases, as they can provide insights into the cause of the amputation, the extent of the injuries, and the long-term consequences. An attorney will work closely with these experts to ensure that their opinions are accurately represented in your case. Their testimony can be instrumental in establishing the negligence or wrongdoing of the responsible party.

In some cases, accident reconstruction specialists may be consulted to recreate the events leading up to the amputation. This can help establish liability and strengthen your case. An attorney will leverage their network of experts and resources to gather the necessary evidence and build a compelling argument on your behalf.

Negotiating with insurance companies and handling settlements

Insurance companies play a significant role in amputation cases, as they are often responsible for providing compensation to cover medical expenses and other damages. However, insurance companies are notorious for trying to minimize payouts or deny claims altogether. This is where an experienced attorney can make a substantial difference.

An attorney will handle all communication and negotiations with insurance companies, ensuring that your rights are protected and that you receive fair compensation. They will leverage their knowledge of personal injury law, the value of amputation cases, and their negotiation skills to secure the best possible outcome for you. If a fair settlement cannot be reached, an attorney will be prepared to take your case to court and fight for your rights in front of a judge and jury.

Seeking compensation for medical expenses, lost wages, and pain and suffering

Amputations can result in significant financial burdens, including medical expenses, rehabilitation costs, and long-term care. Additionally, the loss of a limb can have a profound impact on your ability to work and earn a living. An experienced attorney will work tirelessly to seek compensation for these damages and ensure that you receive the financial support you need for a brighter future.

In an amputation case, compensation may include medical expenses, both current and future, lost wages, loss of earning capacity, rehabilitation costs, and pain and suffering. An attorney will assess the full extent of your damages and pursue the maximum compensation available under the law. They will fight for your rights and advocate for your best interests, ensuring that you are not left burdened by the financial consequences of the amputation.

The emotional and psychological impact of amputation and the attorney’s role in providing support

Amputations not only result in physical challenges but also have a profound emotional and psychological impact on individuals. Adjusting to life with a missing limb can be incredibly difficult, and the emotional toll should not be overlooked. An experienced attorney understands the holistic nature of amputation cases and can provide the support and guidance needed to navigate these challenges.

Throughout the legal process, an attorney will serve as your advocate and provide the emotional support you need. They will listen to your concerns, answer your questions, and provide reassurance during the most challenging times. Additionally, they can connect you with support groups, therapists, and other resources that can help you cope with the emotional and psychological consequences of the amputation.

Finding the right attorney for your amputation case

Finding the right attorney to handle your amputation case is crucial for the success of your claim. When searching for legal representation, consider the following factors:

1. Experience: Look for an attorney who specializes in personal injury law and has a proven track record of handling amputation cases. Experience matters when it comes to navigating the complexities of these cases and achieving favorable outcomes.

2. Expertise: Ensure that the attorney has a deep understanding of the medical field and can effectively communicate with medical experts. This knowledge is essential for building a strong case and advocating for your rights.

3. Resources: A well-equipped law firm with a network of experts and resources can significantly strengthen your case. Consider the firm’s capabilities and the support they can provide throughout the legal process.

4. Communication: Effective communication is essential when working with an attorney. Look for someone who is responsive, attentive, and willing to keep you informed every step of the way.

5. Reputation: Research the attorney’s reputation in the legal community and read reviews from past clients. A positive reputation is a good indicator of their professionalism and dedication to their clients.

Conclusion: The significance of hiring an experienced attorney in amputation cases

Amputation cases are complex legal proceedings that require the expertise of an experienced attorney. These skilled professionals will fight for your rights, navigate the legal complexities, and ensure that you receive the compensation you deserve for the physical, emotional, and financial impact of the amputation.

Don’t face the legal battle alone. Consult with an experienced attorney who will fight for your rights and help you navigate the complex process of an amputation case. With their knowledge, resources, and dedication, you can seek justice and secure a brighter future.

In conclusion, when it comes to amputation cases, an experienced attorney is essential for protecting your rights and seeking the compensation you deserve. These complex legal proceedings require deep knowledge of personal injury law, the medical field, and the intricacies of amputation cases. With their expertise, attorneys can gather evidence, negotiate with insurance companies, and build a strong case on your behalf. They understand the physical, emotional, and financial challenges of amputations and will fight for your rights throughout the legal process. If you or a loved one has experienced an amputation, don’t hesitate to consult with an experienced attorney who specializes in these cases. They will provide the support and guidance needed to navigate the complexities of the legal system and seek justice for the impact the amputation has had on your life.

Posted by Aaron Herbert at 1:33 pm

Unfortunate Common Injuries From Car Accidents

Thursday, August 10, 2023

Car accidents can result in a wide range of injuries, varying in severity from minor cuts and bruises to life-threatening conditions. Some typical car accident injuries include:

Whiplash:

Whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip.

Whiplash is commonly caused by rear-end car accidents. But whiplash can also result from sports accidents, physical abuse and other types of traumas, such as a fall. Whiplash may be called a neck sprain or strain, but these terms also include other types of neck injuries.

Most people with whiplash get better within a few weeks by following a treatment plan that includes pain medication and exercise. However, some people have chronic neck pain and other long-lasting complications.

Fractures and Broken Bones:

Although bones are rigid,  they do bend, or give, somewhat when an outside force is applied. However, if the force is too great, bones will break, just as a plastic ruler breaks when it is bent too far.

The severity of a fracture usually depends on the force that caused the break. If the bone’s breaking point has been exceeded only slightly, the bone may crack rather than break all the way through. If the force is extreme, such as that caused by an automobile crash or gunshot, the bone may shatter.

If the bone breaks in such a way that bone fragments stick out through the skin, or a wound penetrates down to the broken bone, the fracture is called an open fracture. This type of fracture is particularly serious because once the skin is broken, infection in both the wound and the bone can occur.

Head Injuries:

A head injury is any trauma to the scalp, skull, or brain.

Head injury can be either closed or open (penetrating).

  • A closed head injury means you received a hard blow to the head from striking an object, but the object did not break the skull.
  • An open, or penetrating, head injury means you were hit with an object that broke the skull and entered the brain. This is more likely to happen when you move at high speed, such as going through the windshield during a car accident. It can also happen from a gunshot to the head.

Head injuries include:

  • Concussion, in which the brain is shaken, is the most common type of traumatic brain injury.
  • Scalp wounds.
  • Skull fractures.

Head injuries may cause bleeding:

  • In the brain tissue
  • In the layers that surround the brain (subarachnoid hemorrhage, subdural hematoma, epidural hematoma)

Head injury is a common reason for an emergency room visit. A large number of people who suffer head injuries are children. Traumatic brain injury (TBI) accounts for over 1 in 6 injury-related hospital admissions each year.

Back Injuries:

Back injuries, especially to the lower back, are very common. Any injury to the back’s bones, joints, connective tissue, muscles or nerves can cause pain and discomfort.

Injuries can affect any part of the back, but most injuries happen in the lower back. Common injuries include sprains and strains, herniated disks or fractured vertebrae. The injuries vary in seriousness depending on the cause of the injury and what damage is done.

Severe back injuries include fractures (a break in a bone), wounds, extensive bruising and damage to your spinal cord and internal organs.

Any of the following symptoms could indicate a severe back injury. You should see a doctor right away if you have:

  • difficulty breathing or shortness of breath
  • problems with urinating or passing stool (poo)
  • numbness or pins and needles to the arms, legs, hands or feet
  • fever
  • paralysis
  • blood in the urine

Seek medical assistance immediately by calling an ambulance. Do not move the person unless they are in danger and advise the person to not move their back. Support their head, neck and spine and prevent twisting or bending movements.

Cuts and Abrasions:

Skin is the largest organ of the human body. It is soft to allow movement, but tough enough to resist breaking or tearing. It varies in texture and thickness from one part of the body to the next. It consists of two main layers – the epidermis and the dermis.

The epidermis refers to the surface layer and is made of several sheets of skin cells. The dermis lies underneath and consists of elastic fibres (elastin), for suppleness, and protein fibres (collagen) for strength. Sebaceous glands, hair follicles, nerves and blood vessels are found in the dermis.

The two broad categories of skin wounds include abrasions and incised wounds.

Chest Injuries:

Chest injuries are injuries to the chest area — anywhere between the neck and the abdomen. Damage may be to the chest wall — the bones (including ribs and sternum), skin, fat and muscles protecting your lungs — or any of the organs inside the chest (for example the heart or lungs).

Chest injuries can be minor, such as bruising, or serious problems that need urgent medical attention. They may be caused by blunt force or by a penetrating injury.

Chest injuries include:

  • bruising or abrasions to the chest area
  • broken bones — for example, a rib fracture or fractured sternum (breastbone)
  • flail chest — where multiple ribs next to each other are broken and that segment of the chest wall moves separately to the rest
  • damage to the heart, for example, blunt injury to the heart, or injury to the aorta — the main artery that delivers blood to the rest of your body
  • damage to the lungs — for example, bruising (pulmonary contusion)
  • penetrating chest wounds — these can damage the chest wall and any of the internal organs within the chest
  • injuries to the oesophagus (food pipe), trachea (windpipe) or diaphragm

Soft Tissue Injuries:

The most common soft tissues injured are muscles, tendons, and ligaments. These injuries often occur during sports and exercise activities, but sometimes simple everyday activities can cause an injury.

Sprains, strains, and contusions, as well as tendinitis and bursitis, are common soft-tissue injuries. Even with appropriate treatment, these injuries may require a prolonged amount of time to heal.

Internal Injuries:

Some of the most common types of internal injuries include internal bleeding, rib and torso injuries, pneumothorax, organ damage, ruptured spleen and abdominal aorta rupture.

Internal Bleeding

An internal bleeding injury happens when blood vessels become damaged and are unable to clot or repair themselves in any way. An internal bleeding injury can become a serious medical emergency, depending on the location of the injury. If left untreated, an internal bleeding injury can result in cardiac arrest and wrongful death.

Rib and Torso Injuries

More than two million car accidents every year result in some type of rib and torso injury. These injuries are often extremely painful since the simple act of breathing can cause excruciating agony. Additionally, the treatment of rib and torso injuries can often become costly.

Pneumothorax

Pneumothorax is one of, if not the most severe type of torso injury. In this type of injury, a broken rib punctures the lung and causes the lung to collapse. Once the lung collapses, air can enter into the chest cavity. An abnormal collection of air in the space that separates the lung from the chest wall can interfere with normal breathing.

Organ Damage

It is possible for any organ to become so damaged from the force of impact that internal bleeding results that will eventually shutdown the affected organ entirely.

Ruptured Spleen

A car accident victim can suffer from a ruptured spleen when an impact happens on the left side of the body. Once a spleen has been removed, a patient must receive immunizations to prevent infections, like pneumonia. Treatment of splenic ruptures can be very expensive and completely deteriorate the quality of life of the victim.

Abdominal Aorta Rupture

The aorta can become ruptured if the stomach becomes compressed in a collision. This type of injury is usually fatal. Large amounts of blood spill into the abdominal cavity and can often result in death within minutes of this type of injury occurring.

Psychological Trauma:

Trauma is an emotional response to a terrible event like an accident. Immediately after the event, shock and denial are typical. Longer term reactions include unpredictable emotions, flashbacks, strained relationships, and even physical symptoms like headaches or nausea.

While these feelings are normal, some people have difficulty moving on with their lives. Psychologists can help them find constructive ways of managing their emotions.

Burns:

Burns are a type of painful wound caused by thermal, electrical, chemical, or electromagnetic energy. Smoking and open flame are the leading causes of burn injury for older adults. Scalding is the leading cause of burn injury for children. Both infants and the older adults are at the greatest risk for burn injury.

What are the different types of burns?

There are many types of burns caused by thermal, radiation, chemical, or electrical contact.

  • Thermal burns. These burns are due to heat sources which raise the temperature of the skin and tissues and cause tissue cell death or charring. Hot metals, scalding liquids, steam, and flames, when coming into contact with the skin, can cause thermal burns.
  • Radiation burns. These burns are due to prolonged exposure to ultraviolet rays of the sun, or to other sources of radiation such as X-ray.
  • Chemical burns. These burns are due to strong acids, alkalies, detergents, or solvents coming into contact with the skin or eyes.
  • Electrical burns. These burns are from electrical current, either alternating current (AC) or direct current (DC).

Amputations:

Amputation is the loss or removal of a body part such as a finger, toe, hand, foot, arm or leg. It can be a life changing experience affecting your ability to move, work, interact with others and maintain your independence. Continuing pain, phantom limb phenomena and emotional trauma can complicate recovery.

A person can experience a traumatic amputation from a motor vehicle, occupational or industrial accident or combat injury. Traumatic injury accounts for about 45% of all amputations. A body part can be cut off or torn away in a severe accident, or it can be so badly damaged from a crush injury or severe burns that it cannot be saved.

If tissue destruction, infection or disease affects a body part in a way that makes it impossible to repair or endangers the person’s life, that part may be removed by surgical amputation.

Facial Injuries:

Facial trauma is an injury of the face. It may include the facial bones such as the upper jaw bone (maxilla).

Facial injuries can affect the upper jaw, lower jaw, cheek, nose, eye socket, or forehead. They may be caused by blunt force or be the result of a wound.

Symptoms may include:

  • Changes in feeling over the face
  • Deformed or uneven face or facial bones
  • Difficulty breathing through the nose due to swelling and bleeding
  • Double vision
  • Missing teeth
  • Swelling or bruising around the eyes that may cause vision problems

Joint Injuries:

A joint is a structure where two or more bones meet and fit together. Other tissues within a joint include ligaments, tendons, cartilage, and synovial fluid. Joint problems arise when something goes wrong with any of these structures.

Signs and symptoms of joint conditions vary according to the specific problem. Pain is a common symptom and varies with the cause. It can feel sharp and severe or dull and achy. Other symptoms include stiffness, limited range of motion, and swelling and warmth over the joint. In fractures and dislocations, the joint may have a noticeable deformity.

Many joint conditions and injuries also affect the muscles. As a result, you may notice muscle aches, tenderness, or bruising.

Nerve Damage:

Peripheral nerves send messages from the brain and spinal cord to the rest of the body. They help do things such as sense that the feet are cold and move the body’s muscles for walking. Peripheral nerves are made of fibers called axons that are insulated by surrounding tissues.

Peripheral nerves are fragile and easily damaged. A nerve injury can affect the brain’s ability to communicate with muscles and organs. Damage to the peripheral nerves is called peripheral neuropathy.

It’s important to get medical care for a peripheral nerve injury as soon as possible. Early diagnosis and treatment may prevent complications and permanent damage.

It’s important to seek medical attention after a car accident, even if injuries seem minor at first, as some injuries may not show symptoms immediately. Timely medical care can help prevent complications and ensure proper treatment. Additionally, documenting injuries and seeking legal advice if needed is important for potential insurance claims or legal actions related to the accident.

Posted by Aaron Herbert at 10:04 am

Unraveling the Top 5 Causes of Car Accidents in Texas: What Every Driver Should Know

Thursday, August 10, 2023

Buckle up and prepare to dive into the dangerous world of car accidents in the Lone Star State. Texas, known for its wide-open highways and breathtaking landscapes, unfortunately, also holds a notorious reputation for its high number of car accidents. In this eye-opening article, we will unravel the top five causes of car accidents in Texas, shedding light on the factors that every driver should be aware of. From distracted driving to speeding, we will explore the common culprits behind these devastating incidents, providing valuable insights and statistics that will leave you with a heightened sense of caution behind the wheel. Whether you’re a seasoned driver or a novice hitting the roads for the first time, understanding these causes is crucial for your safety and the safety of others on the road. So, fasten your seatbelt and join us on this informative journey as we uncover the alarming realities behind car accidents in Texas.

Cause #1: Distracted driving

Distracted driving has become a leading cause of car accidents in Texas. With the increasing use of smartphones, drivers are more tempted than ever to take their eyes off the road. Whether it’s texting, making phone calls, or using social media, these distractions can have devastating consequences. According to recent statistics, distracted driving accounted for 16% of car accidents in Texas last year alone. This alarming figure highlights the urgent need for drivers to prioritize their attention on the road.

Apart from smartphones, other common distractions include eating, grooming, or even reaching for objects within the car. It’s essential for drivers to practice mindfulness and focus solely on the task at hand – driving. Remember, a split-second distraction can be the difference between arriving safely at your destination or becoming involved in a life-altering accident.

Cause #2: Speeding

Speeding is a notorious cause of car accidents in Texas. With long stretches of open road and high speed limits, it’s easy for drivers to succumb to the temptation of pushing the pedal to the metal. However, exceeding the speed limit significantly increases the risk of accidents and reduces the time available to react to potential hazards.

Studies have shown that speeding was a contributing factor in 34% of car accidents in Texas last year. These accidents often result in severe injuries and fatalities due to the increased force of impact at higher speeds. It’s crucial for drivers to adhere to posted speed limits and adjust their speed according to road conditions. Remember, arriving a few minutes earlier is never worth the potential consequences of a speeding-related accident.

Cause #3: Drunk driving

Drunk driving continues to be a major cause of car accidents in Texas, despite ongoing efforts to raise awareness and enforce strict penalties. Alcohol impairs judgment, coordination, and reaction time, making it extremely dangerous to get behind the wheel after consuming alcohol.

In Texas, the legal blood alcohol concentration (BAC) limit is 0.08%. However, even a small amount of alcohol can impair a driver’s abilities. In 24% of car accidents in Texas last year, alcohol was a contributing factor. These accidents often result in catastrophic injuries and loss of life.

To prevent drunk driving accidents, it’s crucial to plan ahead and designate a sober driver, use rideshare services, or stay overnight if consuming alcohol. Remember, it’s not just your own life at risk but also the lives of innocent individuals sharing the roads.

Cause #4: Reckless driving

Reckless driving encompasses a range of dangerous behaviors on the road, including aggressive driving, tailgating, and changing lanes without signaling. These actions not only put the driver at risk but also endanger the lives of others around them.

In Texas, reckless driving contributed to 46% of car accidents last year. These accidents often result in catastrophic injuries and significant property damage. It’s important for drivers to remain calm and patient on the road, obey traffic laws, and be considerate of other drivers.

Cause #5: Bad weather conditions

Texas is no stranger to extreme weather conditions, including heavy rain, thunderstorms, and even occasional snow and ice. These adverse weather conditions can significantly impact road safety and increase the risk of accidents.

In 10% of car accidents in Texas last year, bad weather conditions were a contributing factor. Reduced visibility, slippery roads, and decreased traction make driving in these conditions extremely challenging. It’s essential for drivers to exercise caution and adjust their driving behavior accordingly. Slowing down, increasing following distance, and turning on headlights are just a few simple steps that can help mitigate the risks associated with bad weather conditions.

Some Other Causes of Car Accidents not in the Top 5

Poor Road Conditions: Potholes, uneven surfaces, and lack of proper signage can lead to accidents, particularly when drivers are caught off guard.

Running Red Lights and Stop Signs: Disobeying traffic signals and signs can result in collisions at intersections.

Tailgating: Following other vehicles too closely reduces the time available to react to sudden stops or changes in traffic.

Fatigue: Driving while tired or drowsy can impair a driver’s attention and reaction times, increasing the risk of accidents.

Inexperienced Drivers: Lack of driving experience, particularly among young or newly licensed drivers, can contribute to accidents.

Mechanical Failures: Brake failures, tire blowouts, and other mechanical issues can cause drivers to lose control of their vehicles.

Improper Lane Changes: Failing to signal or check blind spots when changing lanes can lead to collisions with other vehicles.

Vehicle Defects: Malfunctions in a vehicle’s design or manufacturing, such as faulty brakes or steering, can contribute to accidents.

Animals on the Road: Collisions with animals, such as deer or stray pets, can result in accidents, especially in rural or wooded areas.

Construction Zones: Reduced lanes, uneven surfaces, and changing traffic patterns in construction zones can increase the likelihood of accidents.

Driving Under the Influence of Prescription Medications: Certain medications can impair a driver’s ability to operate a vehicle safely.

Lack of Attention to Blind Spots: Failing to check blind spots while changing lanes or merging can lead to collisions.

Running Off the Road: Driver inattention, fatigue, or poor road conditions can cause vehicles to run off the road and into ditches, trees, or other obstacles.

Understanding the consequences of car accidents

Car accidents can have devastating consequences, both physically and emotionally. From severe injuries to loss of life, the impact of these incidents is far-reaching. Not only do car accident victims suffer physically, but they may also face emotional trauma, financial burdens, and long-term consequences such as disabilities or chronic pain.

At the same time, car accidents also impose a significant burden on society as a whole. Medical expenses, property damage, and legal proceedings can place a strain on individuals, insurance companies, and the healthcare system. It’s crucial for everyone to realize the gravity of these consequences and take action to prevent car accidents from happening in the first place.

Tips for preventing car accidents

While accidents can sometimes be unavoidable, there are several steps drivers can take to reduce the risk of being involved in a car accident:

1. Eliminate distractions: Put your phone away, avoid eating while driving, and keep your focus solely on the road.

2. Observe speed limits: Adhere to posted speed limits and adjust your speed according to road conditions.

3. Don’t drink and drive: Plan ahead, designate a sober driver, or use alternative transportation methods if you plan on consuming alcohol.

4. Drive defensively: Be aware of your surroundings, anticipate potential hazards, and leave enough space between your vehicle and others.

5. Adjust to weather conditions: Slow down, increase following distance, and use headlights when driving in adverse weather conditions.

By implementing these tips and practicing safe driving habits, you can play an active role in reducing the number of car accidents on Texas roads.

Legal implications of car accidents in Texas

Car accidents can have significant legal implications in Texas. If you are involved in a car accident, it’s important to understand your rights and responsibilities under the law. In Texas, the at-fault driver is responsible for compensating the victims for their injuries, property damage, and other losses.

Furthermore, Texas follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, your compensation may be reduced. It’s essential to consult with an experienced personal injury attorney who can guide you through the legal process and help protect your rights.

Conclusion

Car accidents are a harsh reality on Texas roads, but by understanding the top causes and taking preventative measures, we can all contribute to a safer driving environment. From avoiding distractions to obeying speed limits, the responsibility lies with each and every driver to prioritize safety. Together, we can make a difference and reduce the number of car accidents in Texas. So, let’s commit to being vigilant, responsible drivers who prioritize the safety of ourselves and others on the road. Remember, the choices we make behind the wheel can have a lasting impact, and it’s up to us to ensure that impact is a positive one.

Posted by Aaron Herbert at 9:44 am

The Most Common Types of Car Accidents in Texas

Thursday, August 10, 2023

Car accidents can occur in various ways due to different factors and circumstances. Here are some common types of car accidents:

  1. Rear-end Collisions

These occur when one vehicle crashes into the back of another vehicle. Often caused by following too closely, sudden braking, or distracted driving.

  1. Head-On Collisions

These accidents happen when two vehicles traveling in opposite directions collide with their front ends. They are often high-impact and can result in severe injuries or fatalities.

  1. Side-Impact Collisions (T-Bone Accidents): 

In these accidents, one vehicle crashes into the side of another vehicle, forming a “T” shape. They often occur at intersections and can be very dangerous, especially if a vehicle is hit on the driver or passenger side.

  1. Sideswipe Collisions: 

This occurs when two vehicles traveling parallel to each other make contact, typically along their sides. Sideswipes often happen when changing lanes without proper checking.

  1. Single Vehicle Accidents: 

These involve only one vehicle. They can include running off the road, hitting an object like a tree or a pole, or rolling over. These accidents can be caused by factors such as speeding, poor road conditions, or driver error.

  1. Multi-Vehicle Pileups: 

These are accidents involving three or more vehicles. They often occur on highways, particularly in adverse weather conditions, and can result in extensive damage and injuries.

  1. Rollover Accidents: 

A vehicle can roll over onto its roof or side, often caused by abrupt steering maneuvers or hitting an obstacle at a high speed.

  1. Parking Lot Accidents: 

These occur in parking lots and garages and typically involve slow-speed collisions, but they can still cause property damage and minor injuries.

  1. Hit-and-Run Accidents: 

When a driver leaves the scene of an accident without stopping to exchange information or provide aid to those involved.

  1. Pedestrian and Bicycle Accidents: 

These occur when a vehicle collides with a pedestrian or cyclist, often resulting in serious injuries or fatalities.

  1. Distracted Driving Accidents: 

Accidents caused by drivers being distracted by activities like texting, talking on the phone, eating, or using in-car entertainment systems.

  1. Drunk Driving Accidents: 

Accidents caused by drivers operating vehicles under the influence of alcohol or drugs, impairing their ability to drive safely.

  1. Weather-Related Accidents: 

Accidents that occur due to adverse weather conditions such as rain, snow, ice, fog, or strong winds.

  1. Fatigue-Related Accidents: 

Accidents caused by drivers who are overly tired or fall asleep at the wheel.

It’s important to drive attentively, obey traffic laws, and practice defensive driving to reduce the risk of these types of accidents.

Do I need an attorney if I was injured in a car accident?

That’s a question we often hear The Law Firm of Aaron A. Herbert, but the answer isn’t so simple. Car accidents happen every day in San Antonio, from fender benders to rear-end collisions on Loop 410 to Interstate 10. If you were in a minor car crash and you weren’t injured, you may not need a car accident attorney. If you were seriously injured in a car accident that wasn’t your fault, you should contact a lawyer from our San Antonio law firm as soon as possible.

DON’T LET THE INSURANCE COMPANY TAKE ADVANTAGE OF YOU

Insurance companies often downplay the severity of a car accident. Insurance adjusters might sound friendly and claim they want to do what’s best for you, but keep in mind, they are in business to make a profit. They might offer what seems like a reasonable amount to settle your claim, but the reality is most insurance companies offer far less than the true cost of your accident-related expenses.

If  you’re in a rear-end accident and your back hurts afterwards, an insurance company might offer you a quick settlement to fix your car but refuse to pay you for medical bills or lost time from work as a result of your injury. Our car accident lawyers could help you take on the insurance company and demand the compensation you deserve.

The insurance company might deny your claim altogether, saying you were somehow at fault. That’s not right, and that’s why we’re committed to helping you get your life back on track. With so much at stake, it’s critical to have an experienced lawyer on your side.

AFTER A CAR ACCIDENT EXPLORE THESE IMPORTANT QUESTIONS:

  • Loads of medical bills?
  • Lost income from missing work or you need take time off from work to recover?
  • Feeling pressure from the insurance company to accept a quick settlement?
  • Is the insurance company attempting to deny your claim?
  • Is the insurance company delaying processing of your claim?
  • Is the insurance company adjuster requesting your recorded statement?
Posted by Aaron Herbert at 9:32 am

Top Injuries Associated with Car Accidents and Their Impact

Wednesday, August 9, 2023

Car accidents can cause a range of injuries, but certain types are more commonly associated with these incidents. Understanding the most frequently occurring injuries can help victims and their loved ones better understand the potential impact of a car accident. This article explores the common injuries that occur in car accidents and discusses their effects on victims.

Whiplash: Causes neck pain, stiffness, and headaches.

Whiplash is one of the most common injuries associated with car accidents. It occurs when the head is suddenly jerked forward and then snapped back, causing strain on the neck muscles and ligaments. This can result in symptoms such as neck pain, stiffness, and headaches. Whiplash can range from mild to severe, and the symptoms may not always appear immediately after the accident. It is important for car accident victims to seek medical attention if they experience any neck pain or discomfort, as early treatment can help prevent long-term complications.

Broken Bones: Fractures in the arms, legs, ribs, or pelvis.

Another common injury associated with car accidents is broken bones. The force of impact in a car accident can cause bones to fracture, especially in areas such as the arms, legs, ribs, or pelvis. Fractures can range from minor hairline cracks to more severe breaks that require surgery. The impact of a broken bone can be significant, causing pain, limited mobility, and the need for rehabilitation. It is important for car accident victims with suspected fractures to seek immediate medical attention to ensure proper diagnosis and treatment.

Back Injuries: Herniated discs, spinal cord damage, or sprains.

Back injuries are a common result of car accidents, and they can range from mild to severe. One type of back injury that can occur is a herniated disc, which happens when the soft cushion between the vertebrae in the spine ruptures or bulges. This can cause pain, numbness, and weakness in the back, as well as radiating pain down the legs. Another potential back injury is spinal cord damage, which can lead to paralysis or loss of sensation below the site of the injury. Sprains, or stretched or torn ligaments, can also occur in the back and cause pain and limited mobility. It is important for car accident victims to seek medical attention if they experience any back pain or symptoms to prevent further damage and receive appropriate treatment.

Head Injuries: Concussions, traumatic brain injuries, or skull fractures.

Head injuries are another common result of car accidents and can range from mild concussions to more severe traumatic brain injuries or skull fractures. A concussion occurs when the brain is jolted or shaken inside the skull, causing temporary loss of brain function. Symptoms of a concussion can include headache, dizziness, confusion, and memory problems. Traumatic brain injuries, on the other hand, are more severe and can result in long-term or permanent damage to the brain. These injuries can cause cognitive impairments, changes in behavior or personality, and difficulties with motor skills. Skull fractures occur when the bones of the skull are broken, and they can be open or closed. Open fractures involve a break in the skin, while closed fractures do not. Both types of fractures can be serious and may require surgery to repair. It is crucial for car accident victims who experience any head injury symptoms to seek immediate medical attention to prevent further complications.

Internal Injuries: Damage to organs, internal bleeding, or organ rupture.

In addition to external injuries, car accidents can also cause internal injuries that may not be immediately visible. These injuries can be life-threatening and require immediate medical attention. Damage to organs, such as the liver, spleen, or kidneys, can occur due to the impact of the accident. Internal bleeding can also result from the force of the collision, causing blood to accumulate in the body cavities. Organ rupture, where an organ tears or bursts, can also occur and may require emergency surgery. It is important for car accident victims to be aware of the signs and symptoms of internal injuries, such as abdominal pain, dizziness, fainting, or difficulty breathing, and seek medical help promptly to prevent further complications.

What injuries are most frequently associated with car accidents

Types of Car Accidents

Car accidents can affect many types of people on the road, but injuries and deaths are more common in certain types of vehicles than others. According to the NHTSA:

  • 35% of people killed and injured in vehicles were occupants of passenger cars
  • 27% were occupants of light trucks
  • 20% were pedestrians, pedal cyclists and other non-occupants
  • 14% were motorcyclists
  • 4% were occupants of large trucks or buses

Unfortunately, all types of vehicles could become involved in collisions that cause injury–especially if drivers behave negligently.

Categories of Car Accident Injuries

When drivers, passengers and pedestrians are involved in collisions, they could sustain many different kinds of car accident injuries. However, these injuries are broadly organized into two different categories:

  • Impact injuries: These occur when a passenger strikes any component of the interior of the car or is thrown from the car and strikes the ground or other objects. For example, if a driver sustains a head injury when his head hits the side window, this would be an example of an impact injury.
  • Penetrating injury: These occur when loose objects flying around the vehicle strike the passenger. An example would be a window shattering and cutting a collision victim

Both types of injuries can be severe, and it is important that all injuries are accurately diagnosed by a medical professional so they can be documented for victims who wish to pursue compensation for damages resulting from the crash.

Car Accident Deaths

Tragically, some motor vehicle accidents are fatal. When victims succumb to car accident injuries, surviving loved ones may be able to pursue a wrongful death claim to gain compensation. Typically, those who can sue for wrongful death after car accident injuries prove to be fatal include:

  • A surviving spouse
  • Surviving parents
  • Representatives of the estate of the deceased

The compensation that could be available will include loss of the deceased’s wages, loss of companionship and support, funeral costs, medical expenses and pain and suffering.

Car accidents can result in a wide range of injuries, varying in severity depending on factors such as the speed of the vehicles involved, the point of impact, use of seat belts and safety equipment, and the overall health of the individuals involved. From whiplash injuries to fractures, sprains and more, car accidents can cause significant damage to drivers and passengers. This guide will explain some of the most common car accident injuries and will provide insight into your legal rights if any of these injuries affect you. Some of the most common injuries associated with car accidents include:

  1. Whiplash: Whiplash is a soft tissue injury to the neck caused by a sudden jerking motion of the head, often seen in rear-end collisions.
  2. Fractures and Broken Bones: The force of impact can lead to fractures or broken bones in various parts of the body, such as arms, legs, ribs, and pelvis.
  3. Head Injuries: Traumatic brain injuries (TBI) can occur when the head strikes a hard surface, even if there is no visible external injury. Concussions and more severe brain injuries can result.
  4. Spinal Cord Injuries: Car accidents can cause damage to the spinal cord, leading to varying degrees of paralysis and loss of function.
  5. Cuts and Lacerations: Broken glass, flying debris, or impact with objects inside the vehicle can cause cuts and lacerations.
  6. Internal Injuries: The force of impact can lead to internal injuries to organs such as the liver, spleen, and kidneys.
  7. Soft Tissue Injuries: These include injuries to muscles, tendons, and ligaments, often resulting in sprains, strains, or bruises.
  8. Chest Injuries: Impact with the steering wheel, dashboard, or airbags can cause chest injuries, including broken ribs and contusions.
  9. Psychological Trauma: Car accidents can cause emotional distress, anxiety, and even post-traumatic stress disorder (PTSD) for those involved.
  10. Burns: Car accidents can lead to fires or contact with hot surfaces, causing burns.
  11. Seat Belt and Airbag Injuries: While seat belts and airbags are designed to save lives, they can also cause injuries like bruises, abrasions, and even fractures due to the force of deployment.
  12. Knee and Leg Injuries: Impact with the dashboard or other parts of the car can result in knee and leg injuries.
  13. Organ damage:

Organ damage can occur due to a puncture wound or blunt force trauma. Organs that are frequently affected are the spleen, liver and small intestine, although any organ can be susceptible to damage. Organ damage can cause internal bleeding, which can lead to blood clots days or weeks after the accident.

  1. PTSD:

Not all damage is physical. Sometimes accidents can leave emotional scars, instead. Post-traumatic stress disorder is a very real risk after any traumatizing event, including a car accident. PTSD can affect anyone at any time; it’s not a sign of weakness or inability to cope. Instead, it’s a health issue that may require medical care.

Injuries Associated with Car Accidents

It’s important to note that some injuries might not be immediately apparent and could develop over time. After a car accident, seeking prompt medical attention is crucial, even if you believe your injuries are minor. Additionally, the legal and insurance aspects of car accidents can be complex, so consulting with legal and medical professionals is advisable to ensure you receive appropriate care and understand your rights and options.

How Much Are Car Accident Injuries Worth?

Top Injuries Associated with Car Accidents and Their Impact 20

Compensation for car accident injuries varies depending on the types of damage your body sustained.

According to the Insurance Information Institute, the average bodily injury claim following a car accident resulted in $20,235 in compensation. A reader survey from Martindale-Nolo also revealed that car accident victims received $23,900 on average for car accident claims settled between 2015 and 2022.

Damages and Expenses You May Have

As mentioned above, your specific injuries determine the amount of car accident compensation you should be entitled to. When someone else causes a crash and you experience car accident injuries as a result, you should be compensated for:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Property damage

If you sustain lifelong injuries, it is important to estimate future costs to ensure you receive payment for both the damages you have already sustained as well as for losses you will incur in the future.

How Compensation Is Determined for Car Accident Injuries

The extent of your losses is the crucial factor used to determine compensation for car accident injuries. As already mentioned, you will be compensated for medical bills, lost wages, pain and suffering and property damage. But there are certain other issues that can affect the amount you receive including:

  • Whether you share any of the blame for your injuries. If you do, under the comparative negligence rules applicable in most states, your compensation will be reduced based on the percentage of fault attributed to you. For example, if you sustained $100,000 in damages and were 10% to blame for the accident, you would be entitled to $90,000 from the driver who caused the accident.
  • How solid your case is. The more extensive evidence you have, the more likely it is that the insurer for the at-fault driver will make a fair settlement offer or that you will be awarded generous compensation in court.
  • Whether you sue or settle. You will have to decide if you want to accept a settlement offer made by the other driver’s insurer or if you would prefer to go to court and take a chance on being awarded a larger amount of compensation.

You should consider speaking with an experienced auto accident attorney about what your case is likely to be worth and what factors will affect the amount of money you receive.

How to Get Compensation for Your Car Accident Injury

If you wish to pursue a claim for compensation for your car accident injuries, you will need to either negotiate a settlement with the at-fault driver’s insurance or will need to pursue a case in court. There are a few key things to be aware of with either approach.

Statute of Limitations

There is a limit on how long you have to file a lawsuit. This limit is called the statute of limitations and it varies by state. In general, it is between two and four years. You should not wait too long to make your claim for car accident compensation or you will be unable to recover the funds you deserve.

Process for Filing Claims and Lawsuits

You should notify your insurance company immediately after a car accident. Your insurer can help you to pursue a third-party claim against the insurance company that represents the at-fault driver. If your injuries are serious or you sustained lots of damage, you should consider hiring an attorney to help with your case as well. Your attorney can assist in negotiating a settlement.

If you are not able to come to an agreement with the other insurer, you can file a civil lawsuit. You must act within the statute of limitations and pursue your claim in a court that has jurisdiction over the case. An attorney can assist with filing court paperwork. You have the burden of proving both that the other driver was at fault and the extent of your car accident injuries. An auto accident lawyer can help.

Settlements vs. Verdicts

Car accident claims are resolved in one of two ways:

  • A settlement agreement: This occurs if the other driver’s insurer accepts responsibility and you negotiate a fair amount of compensation. You will agree to accept a set amount of money in exchange for releasing all future claims arising from the accident.
  • A verdict: If you cannot reach a settlement, the case will go to court and your compensation will be decided by the judge or jury. The court will first decide if the defendant should be held liable and will then award an appropriate amount of funds.

Seek Professional Help After a Car Crash Injury

There’s a lot that can go wrong during a car crash. Prompt medical treatment is vital, and it’s always better to err on the side of caution. If you’ve been injured during a car accident, you may need help receiving compensation for your injuries. If this is the case, contact a lawyer who specializes in car accidents or personal injury. Most will evaluate your case for you at no cost, and they can help you get back on the road to recovery.

Posted by Aaron Herbert at 6:51 am

Do I Need a Lawyer for a Minor Car Accident?

Friday, March 24, 2023

Getting into any type of car accident in Dallas, Texas is distressing. You may have injuries and property damage and may not know where to turn for financial compensation. Whether you need to hire a lawyer for a minor car accident will depend on the circumstances of your case and your goals for financial recovery. As a driver involved in a crash, it is up to you to properly handle the car insurance claims process while preserving your rights. Contact our experienced personal injury lawyers today for a free consultation.

Are Lawyers Required for All Car Accident Lawsuits?

No, hiring a car accident lawyer is never a requirement in a car accident lawsuit or another type of personal injury claim in Texas. Legal representation is always optional as an injured party or plaintiff. It is always your decision to either handle an insurance claim or car accident lawsuit on your own or hire an experienced and licensed professional to represent you. The right choice for you will come down to elements specific to your car accident case, such as the extent of your losses and how the insurance company handles your claim.

Should You Hire a Car Accident Lawyer in Dallas?

Dallas Car Accident Lawyers

In general, you do not need to hire a lawyer for a minor car accident in Texas. A minor accident does not involve serious injuries or extensive property damage.

This typically makes it easier to file a claim directly with the insurance company of the at-fault driver and receive a settlement check for the full extent of your medical expenses and vehicle repairs.

If your car accident case has any complications or challenges, however, it may be in your best interest to hire a lawyer, even if the crash was only minor.

What are Reasons to Hire a Lawyer for a Minor Car Accident?

If you answer yes to any of the following questions, you may benefit from hiring a car accident attorney to handle your case:

  • Did you report that you were uninjured, only to discover delayed injuries later?
  • Is the insurance company making it more difficult than necessary to receive benefits?
  • Are you facing unexplained processing delays?
  • Is the other driver’s insurance company disputing fault for the accident?
  • Are you receiving less compensation because of a pre-existing injury?
  • Is someone trying to blame you for the car crash?
  • Did the insurance company wrongfully deny your claim to benefits?
  • Is the insurance company offering less than you believe your losses are worth?
  • Do you suspect insurance bad faith?

How Can a Dallas Car Accident Attorney Help me?

  • A car accident attorney in Dallas will have the knowledge, experience and resources to help you overcome any obstacles you face as you try to obtain fair and full financial compensation for your minor crash.
  • You can trust your lawyer to negotiate with an insurance claims adjuster on your behalf, fighting for an adequate amount for your past and future losses.
  • In addition to negotiating a fair case outcome for you, a car accident lawyer can also take care of legal tasks so you can focus your full attention on healing. These tasks may include connecting you to doctors, collecting evidence and hiring qualified medical experts to testify on your behalf.
  • You can rest, relax and concentrate on recuperating while a skilled attorney fights for the compensation you deserve.

Hiring a lawyer is only worth the expense, however, after a serious accident or if your minor car accident case has issues or complications.

Discuss Your Specific Case During a Free Consultation

Every car accident case in Texas is unique. The only way to be sure you are making the right decision when choosing to hire or not to hire a car accident lawyer is by asking one for advice.

A lawyer will not accept a car accident case that is too minor or low in value to be worth his or her time. Therefore, you can trust the advice you receive from an attorney.

The Dallas car accident attorneys at The Law Offices of Aaron A. Herbert offer free, zero-obligation initial consultations, where you can talk to an attorney about your recent car accident and receive legal advice at no cost or financial risk. Contact us today to schedule your meeting.

Posted by Aaron Herbert at 2:58 pm

What’s the Difference Between Lost Wages and Loss of Earning Capacity?

Friday, March 24, 2023

It is crucial to understand the difference between lost wages and the loss of earning capacity. This could help you obtain maximum compensation for your injury claim. A serious accident can impact your life in many detrimental ways.

This could include making it impossible to go back to work, either temporarily or permanently. Texas law allows an injured accident victim to seek financial recovery for the economic loss of missed time at work, both in the past and future.

What’s the Difference Between Lost Wages and Loss of Earning Capacity? 23

What Are Lost Wages?

Lost wages are the money you would have earned if you were not hurt in an accident and had to miss work while you recovered.

It includes all the money you would have made like your salary, tips, vacation pay, and other benefits. It helps make up for the money you lost while you were in the hospital, getting treatment, or not able to work.

What Is Loss of Earning Capacity?

Loss of earning capacity means that you cannot earn as much money as you did before because of a permanent injury or disability from an accident.

This category of damage is only applicable to victims who have experienced life-altering injuries and disabilities. These injuries may include a spinal cord injury that results in paralysis, permanent brain damage, or an amputation.

Lost earning capacity can also refer to the difference between what the victim used to make before the injury and what they can make now, considering their new level of ability.

For instance, the victim’s employer might decide to keep them as a part-time employee instead of a full-time employee. In such a case, the victim could be eligible for the difference between their previous salary and their current salary. This would serve as compensation for their lost earning capacity.

If the victim’s injury prevents them from working in any capacity, they might still be eligible for compensation. They may be able to get back the full amount of their lost salary for the number of years they would have been able to work. This amount would be adjusted for possible raises, promotions, and inflation. Also, the victim may also receive compensation for their lost 401K benefits, stock options, and retirement benefits.

The value of the compensation depends on various factors. This could include the extent of the disability, the age and overall health of the victim, and their income before and after the accident.

How Do You Prove Losses of Income?

If you get injured in an accident in Dallas that takes you out of work you have options. If you are unable to work for a brief period or the foreseeable future, call us to discuss your options. You may be eligible for financial compensation for past, current and future lost wages. It is up to you or your personal injury lawyer, however, to prove your losses of income before you can recover for them financially.

Pay stubs, employment documents, W2s, tax documents, a letter from your employer, and medical records can prove lost wages. Customer invoices and billing statements can help as well. To recover for lost wages and lost capacity to earn, you or your attorney must show you had income losses before the lawsuit and will lose earnings after.

What Is the Average Settlement for Lost Wages and Loss of Earning Capacity?

There is no average settlement amount for lost wages in Texas. Every injury claim and client is unique. The value placed on your lost earnings and capacity to earn will depend on many factors. Some of these could include your age, injury and income.

For an in-depth case review and an accurate evaluation of your lost wage value, contact an attorney in Dallas today. An experienced workplace injury lawyer can help you negotiate for maximum financial compensation for lost wages and lost capacity to earn.

Posted by Aaron Herbert at 11:27 am

What to Do After a Motorcycle Accident from a Legal Perspective?

Saturday, February 11, 2023
What to Do After a Motorcycle Accident from a Legal Perspective?

Texas motorcycle accidents are unfortunately common, and they often result in severe injuries, extensive property damage, and even death. So what to do after a motorcycle accident?
If another driver caused your injuries in a motorcycle accident, you have the right to seek compensation for your losses.

Knowing what to do after a motorcycle accident is crucial, as the steps you take can impact your subsequent personal injury claim.

After you have sought medical treatment, you should contact an experienced motorcycle accident attorney who can help you understand your legal rights and obligations and walk you through the process of seeking compensation.

This post discusses a few important aspects of Texas law that might apply if you were in a motorcycle accident. If you have questions about pursuing a claim for injuries after a Texas motorcycle accident, please contact the Law Office of Aaron Herbert. 

What Is the Most Common Motorcycle Accident in Texas?

What is the most common motorcycle accident in Texas? The most common type of motorcycle accident is a left-hand turn accident.

These accidents usually occur at an intersection, but they can also happen when someone turns into a parking lot, shopping center, or driveway.

Oftentimes, these accidents occur because a driver is distracted or misjudges a motorcycle rider’s speed or distance and turns left in front of them. Left-turn accidents can be severe and often result in serious injuries or death.

Other common types of motorcycle accidents include single-vehicle accidents, in which a motorcycle rider loses control of their bike and crashes, and accidents caused by road hazards or defective motorcycle parts.

Does No-Fault Cover Motorcycle Accidents? 

Does no-fault cover motorcycle accidents? No-fault insurance is a type of insurance that covers medical expenses and other losses incurred in an accident, regardless of who is at fault.

However, in Texas, no-fault insurance does not cover motorcycle accidents. Instead, Texas follows a fault-based system for motorcycle accidents, which means that the person who caused the accident is responsible for paying for the damages. 

Texas requires drivers to carry liability insurance, which covers damages and injuries that the driver causes to others in an accident.

That means if you were hit by a driver while riding your motorcycle, you would first pursue a claim through the at-fault driver’s insurance company.

Because of the fault-based system, you must establish fault to recover damages for injuries and other losses. If you’re partially at fault, you might be responsible for paying for a portion of the other driver’s damages. 

Texas law applies a comparative negligence rule to accidents with a 51% bar when determining liability and compensation. That means Texas law prevents you from recovering compensation if your share of fault is 51% or more.

But, you can collect some damages if you are 50% or less at fault. For example, imagine a jury determines you’re 40% at fault for your accident.

In that case, you could collect 60% of your damages. But, if the other driver was 40% at fault, your insurance will pay 60% of their damages, and you wouldn’t recover any compensation because you were 60% at fault.

When Do You Need a Motorcycle Accident Lawyer? 

When do you need a motorcycle accident lawyer? If you were involved in a motorcycle accident in Texas, you might wonder whether you need a lawyer to represent you.

The answer to this question depends on the circumstances of your accident. In most situations, hiring a Texas motorcycle accident lawyer is highly recommended. 

Examples of situations where you might want to consider hiring a Texas motorcycle accident lawyer include: 

  • You or someone else suffered injuries in the accident,
  • Another driver’s negligence or recklessness caused the collision,
  • You’re not sure who was at fault for the accident,
  • You’re having trouble getting the insurance company to pay for your damages and injuries, 
  • An uninsured driver hit you,
  • The other driver fled the scene, or
  • Another driver or passenger is suing you for damages. 

A motorcycle accident lawyer can investigate your accident, collect evidence, and negotiate with insurance companies on your behalf. Additionally, a lawyer can represent you in court and advocate for your rights and interests if your case goes to trial.

You can expect that insurance companies will be fighting to put the most blame on you in hopes of reaching that 51% threshold so they don’t owe any money.

A skilled Texas motorcycle accident lawyer can help you push back against insurance adjusters who are trying to pin the blame on you and deny you compensation. A lawyer can also handle all communications with insurance companies on your behalf so that you don’t inadvertently jeopardize your claim. 

What Is the Average Payout for a Motorcycle Accident? 

What is the average payout for a motorcycle accident? There is no predetermined amount for motorcycle accident claims or any average settlement amount we can share.

That’s because the amount of compensation you can receive for a motorcycle accident depends on the specific circumstances of your case. Some factors that influence your potential settlement include:

  • The severity of your injuries; 
  • The extent of property damage; 
  • Who is liable, and to what extent; 
  • Available insurance coverage; and
  • Cost of medical treatment, lost wages, and other losses. 

In Texas, you can recover damages for economic and noneconomic losses, such as: 

  • Medical expenses, including hospital bills, doctor visits, and medication;
  • Lost income, including wages and benefits you may have lost as a result of the accident;
  • Property damage, including damage to your motorcycle and any other damaged personal property; and
  • Pain and suffering, including physical pain, emotional distress, loss of enjoyment, and more. 

Because every case is unique, it’s essential to consult with an experienced motorcycle accident lawyer to determine the value of your case. 

How Long Does a Motorcycle Accident Lawsuit Take? 

How long does a motorcycle accident lawsuit take? The timeline to resolve a motorcycle accident lawsuit also varies. Some factors that influence how long your case might take include the following: 

  • The complexity of your case,
  • The willingness of parties to participate, and
  • The court’s calendar. 

Generally, a motorcycle accident lawsuit can take a few months to several years to resolve. Some cases may settle during the discovery phase of litigation, while others may go to trial.

Contact a Dallas Motorcycle Accident Lawyer Today

Contact a Dallas motorcycle accident lawyer today. If you need assistance understanding what to do after a motorcycle accident, the Law Office of Aaron Herbert is ready to help you.

Aaron Herbert has years of experience helping injured motorcyclists hold the drivers responsible for their injuries accountable. He knows what it takes to build a strong case and will tenaciously fight to protect your rights.

Don’t risk losing out on valuable compensation by trying to handle your claim yourself. Contact our office to schedule an initial consultation to learn more about how we can help you.

Posted by Aaron Herbert at 10:35 am

How Much to Expect from a Car Accident Settlement | Texas

Monday, February 6, 2023
how much to expect from a car accident settlement Texas

If you were recently injured in a car accident, you are probably contemplating filing a claim. If so, you might be wondering how much to expect from a car accident settlement in Texas. 

It is difficult to predict a settlement amount because each case is inherently unique. The amount of your settlement depends on several factors, and the final value of your case could be as low as a few thousand dollars or as high as six figures. Our board-certified personal injury trial attorney at the Law Office of Aaron Herbert can help you determine the potential value of your case.

How Long Do Car Accident Settlements Take?

How long do car accident settlments take? The length of time it takes to get a car accident settlement varies widely. As a general rule of thumb, accidents with minor injuries are likely to resolve more quickly than those with severe and complicated injuries. 

In Texas, insurance companies have 35 business days( which can be extended to 45 days) to deny a claim or offer a settlement after it is filed. 

Texas insurance companies must follow this general timeline

  • Fifteen business days to acknowledge receipt of the claim and send the policyholder the applicable paperwork and information,
  • Fifteen business days to decide the claim after receiving all completed forms, and
  • Five business days to make the settlement payment to the claimant if it is approved and accepted.

Typically, this short time frame only applies if you accept the first offer. If you choose to negotiate or appeal, it will extend the process. Further, if you don’t reach a settlement agreement and your case proceeds to trial, the amount of time until you receive money in hand will increase.

Proving Damages

As a plaintiff, you will need evidence to prove your damages and receive the maximum compensation. Some examples of evidence typically presented in car accident claims are as follows:

  • Hospital and medical bills,
  • Witness statements,
  • Police report,
  • Photos and videos of the scene and damages,
  • Medical records, and
  • Expert testimony.

It is common to believe that the more pieces of evidence you have, the stronger the claim will be and the more likely you are to recover a large settlement. However, this is only sometimes true. Even if you only have one or two pieces of evidence, do not fret. You might still have a solid case. 

Types of Damages

How much to expect from a car accident settlement in Texas will also depend on the damages you might be entitled to receive. You may be eligible for economic, noneconomic, and punitive damages. 

Economic damages are easily quantifiable and include medical expenses, property damage, and lost wages.

Unlike economic damages, noneconomic damages are not based on financial loss. Instead, these damages include more subjective and intangible losses like pain and suffering, emotional anguish, loss of enjoyment of life, and loss of consortium.

Due to their subjective nature, it can be more challenging to negotiate noneconomic damages with an insurance carrier. This is where your lawyer will have the experience to know how to prove and argue for these damages. 

Punitive damages are seldom awarded and are reserved only for defendants whose actions are grossly negligent and wrongful.

Is it Worth Getting an Attorney for a Car Accident?

Is it worth getting an attorney for a car accident? Car accident cases can be more complex and challenging than you might initially think. Having an experienced and knowledgeable motor vehicle accident attorney advocating for you will increase your chance of success and make the overall process smoother and stress-free.

Our car accident lawyers can negotiate a possible settlement with insurance adjusters and navigate your case through pre-trial litigation and trial if necessary. After a car wreck, your primary focus should be on healing from your injuries.

Let us handle your claim for you. Contact us today to schedule a free initial consultation!

Posted by Aaron Herbert at 2:55 pm

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 28

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

Concussion Settlement Amounts in Texas

Sunday, December 18, 2022
concussion settlement amounts texas

Suffering a concussion in a car accident can be a traumatic experience, especially if you weren’t at fault.

To make matters worse, trying to determine a post-concussion syndrome settlement value on your own often compounds the stress and the symptoms accompanying your head injury.

That’s why consulting with a skilled personal injury attorney is essential. An experienced personal injury attorney can take the guesswork out of the equation.

Concussions from car accidents are very serious injuries. If you’ve suffered a head injury in a car accident, the Law Office of Aaron Herbert can help you determine your case’s value.

Instead of dealing with insurance companies who may not have your best interests in mind, our team can investigate your case, calculate your damages, and negotiate with insurance companies while you recuperate.  

What Is a Concussion?

A concussion is a mild traumatic brain injury (TBI) in which no obvious brain injury is found, but brain function is impaired.

During a car accident, a concussion can occur when your brain makes contact with the inside of your skull after a bump, blow, or jolt to the head or a hit to the body that causes the head and brain to move back and forth quickly.

This kind of sudden movement can result in the following:

  • Bouncing or twisting of the brain in the skull,
  • Chemical changes in the brain, and
  • The stretching and damaging of brain cells.

Concussions aren’t usually life-threatening but can be serious.

If you hit or torqued your head during a car accident and experienced symptoms such as severe headaches or disruptions in how you think, learn, feel, act, or sleep, seek medical care immediately.

Afterward, a personal injury attorney can help you understand your legal options. 

How Much Is My Concussion Claim Worth?

Every concussion victim’s case is unique. Some car crash victims experience mild concussions with few symptoms, while others suffer life-changing damage.

Because concussions vary so dramatically, it’s difficult to calculate the average settlement for concussions from car accidents.

Numerous factors will affect how much compensation you’re eligible to receive. However, the two main factors are an injury’s severity and the length of time required for it to heal.

Concussion warning signs and symptoms include:

  • Loss of consciousness,
  • Nausea and vomiting,
  • Vision changes,
  • Slurred speech,
  • Extreme drowsiness,
  • Feeling confused or disoriented,
  • Balance concerns and decreased coordination,
  • Seizures, and
  • Emotional and mental health changes.

These symptoms can linger and affect daily life, leading to expenses and damages like medical bills, loss of income from missed work, pain and suffering, and reduced quality of life.

The symptoms, their effect on a victim’s health, and how much a victim has spent and will need to spend on treatment also affect the value of a settlement.

A personal injury attorney will evaluate your symptoms and expenses and assess your prognosis to determine a fair post-concussion syndrome settlement value. 

Contact the Law Office of Aaron Herbert Today

If you’ve suffered a concussion in a car accident, the Law Office of Aaron Herbert is here to help you hold the person responsible for your injury accountable.

Our compassionate team will take the time to talk with you, review the facts of your case, and explain how much compensation you can seek.

The fact that we have achieved the highest possible AVVO rating isn’t just a badge of honor but also your assurance that, as a client-centered law practice focused solely on personal injury law, we will fight tirelessly for the justice you deserve.

We offer free consultations and never take a fee unless we win. Contact us today online or by phone to schedule a consultation. 

Posted by Aaron Herbert at 2:26 pm

Were You injured As a Passenger in a Car Accident, Do You Get a Settlement?

Monday, December 5, 2022
Were You injured As a Passenger in a Car Accident, Do You Get a Settlement?

Some car accidents are simple fender benders where the drivers exchange insurance information without incident or injury.

In that scenario, receiving a settlement from the insurance company is unlikely.

On the other hand, if a car accident was devastating, with serious injuries to all passengers involved and a totaled vehicle, then the insurance company is required to pay for all the damage, including harm done to the passengers.

If you were a passenger in a car accident, a settlement from a negligent driver is almost always available for you to seek.

What Do I Need to Prove to Get a Car Accident Passenger Settlement?

To recieve a car accident passenger settlement, you must prove that the negligence of another party caused the accident and your injury. Without proving negligence, you can’t be compensated for your damages. 

Proving negligence requires showing that:

  • The driver owed you a duty of care to operate their vehicle safely;
  • The driver breached this duty by engaging in unsafe behavior; 
  • The unsafe behavior caused your injury; and
  • You suffered damages you can be compensated for. 

It is crucial that you prove a clear connection between the at-fault driver’s breach of duty and your injuries. 

Determining how the other driver breached their duty in an accident isn’t always easy. Many passengers don’t know who was responsible because they likely didn’t see what the drivers were doing.

For this reason, you may need to file a personal injury claim against both drivers as well as with your auto insurance company. 

I Think I Am Owed Compensation, But How Much?

The value of your claim depends on the assessed amount of damages. An insurance company calculates damages by assessing the relevant evidence associated with your claim that proves your damages. 

To calculate your damages, add up the losses you’ve incurred due to the accident, including medical expenses, lost wages, out-of-pocket expenses, property damage, and future medical expenses.

Those types of monetary losses are called economic damages. You might also be able to recover noneconomic damages for emotional or psychological harm caused by your injury, including the following:   

  • Pain and suffering;
  • Physical impairments such as disfigurement, scarring, or amputation;
  • Emotional distress;
  • Loss of enjoyment of life; and
  • Loss of consortium or loss of intimacy.

While calculating economic damages is relatively straightforward, noneconomic damages can be difficult to calculate without the help of an experienced attorney because they don’t have a clear dollar amount attached to them.

An attorney can request and examine medical records, bills, invoices, and other pertinent evidence to calculate your damages. 

How Long Will It Take To Get a Passenger in Car Accident Settlement?

Knowing you might get a settlement after your car accident begs the question, how long will it take to get a passenger in car accident settlement?

The first step to getting a settlement from a car accident is to complete your medical treatment. Depending on the extent of your injuries, this step can take months or years.

However, completing treatment for as long as your medical provider suggests is important. If you stop treatment too early and try to receive a settlement check as soon as possible, you might miss out on compensation for medical costs that your settlement should’ve covered.

The next step is having an attorney evaluate the facts of your case and examine preliminary evidence, such as medical bills and records, that can be used to substantiate your damages claim.

This process is relatively quick, but how long it takes will depend on how long it takes to request and receive medical records and bills from your providers.

After gathering the evidence, your attorney will begin negotiating with the insurance carrier. Generally, it is a back-and-forth discussion about the evidence and whether the evidence substantiates the settlement amount you’re claiming.

If an insurance company is not cooperating, finalizing a car accident passenger settlement can take months.

If the insurance company ultimately fails to see your side of the story, it might be worth considering filing a lawsuit. Although lawsuits can take years, after filing a lawsuit, the insurance company may take your claim more seriously because they know you aren’t willing to back down.

Call Passenger Car Accident Lawyers Who Can Help

If you were a passenger in a car accident, a settlement could be available to you.

The passenger car accident lawyers at The Law Office of Aaron Herbert can guide you through the insurance claims process and fight for your best interests at the negotiating table and in the courtroom.

Aaron Herbert is board certified in personal injury trial law by the Texas Board of Legal Specialization and has 20 years of experience helping clients hold the people who injured them accountable. Contact us today for a free consultation. 

Posted by Aaron Herbert at 11:33 am

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

San Antonio Accident Reports

Friday, October 21, 2022

Car accidents happen every day.

In fact, in 2021, 19,448 people were seriously injured in a car accident in Texas.

You might be entitled to justice and compensation if you were injured in a car accident.

At the Law Office of Aaron Herbert, we specialize in personal injury law and can help you start a legal claim.

Further, attorney Aaron A. Herbert is part of the 2% of Texas attorneys board certified in personal injury trial law. 

We’ll discuss what to do if you have been in an accident and how to find your accident report in San Antonio. 

What to Do If You Are in an Accident 

Step 1: Call the Authorities 

It is always best to have the police document an accident.

In fact, you are usually required to report an accident, especially if someone was injured, there was damage to the surrounding property or one of the vehicles, you suspect the other driver to have been intoxicated, or if the accident was a hit-and-run.

The officer will fill out a San Antonio crash report, which you can obtain a copy of later.

However, if you have serious injuries that require medical attention, you should focus on getting medical help first. 

Step 2: Document the Accident 

You should try and document the accident as thoroughly as possible.

For example, take photos of the scene, any injuries you sustained, and any damage to the surrounding property or the vehicles involved.

Further, you should obtain the other driver’s insurance information for your records. 

Step 3: Seek Medical Treatment 

After the police have arrived at the scene of the accident, you should seek medical attention for any injuries.

You will want to do this as soon as possible to protect any legal claim you might have down the line.

Otherwise, the defense may argue that your injuries resulted from an event that occurred after the accident. 

Step 4: Contact your Insurance 

You should provide your insurance with the details of the accident as soon as you can.

In addition, if you obtained the other driver’s insurance information, you should provide that to your insurance as well. 

How to Obtain a San Antonio Accident Report 

You can obtain a copy of your San Antonio accident report from the San Antonio Police Department Records.

Accident Reports in San Antonio can be requested by mail, in person, or online. There will be a relatively small fee to pull the report based on the length of the document requested.

An attorney can assist you in pulling your accident report in San Antonio, Texas. 

The Law Office of Aaron Herbert Can Help 

At the Law Office of Aaron Herbert, we understand that car accidents can be traumatic and that filing a legal claim afterward can be intimidating.

Attorney Aaron A. Herbert is a tenacious fighter and will take the time to understand the unique nature of each of his cases.

If you have been injured in a car accident in San Antonio, Texas, you can reach out to us online or call us for a free consultation at 210-435-7968.

Posted by Aaron Herbert at 11:02 am

Rear-Ended by a Drunk Driver in Texas: What Will Be the Settlement Amount?

Tuesday, October 18, 2022
rear ended by drunk driver in texas

The Texas Department of Transportation reports that 18,471 drunk-driving-related accidents occurred in 2021. These alcohol-related accidents caused approximately 1,525 serious injuries and 579 fatalities. 

Regardless of the severity of the accidents or injuries, victims deserve to pursue justice for the harm caused to them. When you’re rear-ended by a drunk driver, a settlement will help compensate you for the physical and psychological damage inflicted on you. 

Are you entitled to a fair post-accident settlement? Rear-ended by a drunk driver? The Law Office of Aaron Herbert fights for Texas personal injury victims, like those injured or killed in drunk driving accidents. These tragedies are entirely preventable, and no victim should bear the immense burden alone. 

What Are the Steps in a Drunk Driving Case?

While the facts and applicable law may change from case to case, most cases follow a similar progression

Reporting the Accident to Authorities

Texas law requires drivers to notify law enforcement if an accident resulting in injury or death occurs. If possible, you also need to render aid to those injured and stay on the scene until officers arrive and complete the on-scene investigation. 

Filing an Insurance Claim

After you meet your reporting requirements, it’s time to promptly notify your insurance company that you were in an accident. Doing so initiates the claims process. Your insurance company may contact you for pictures, videos, or additional information. 

It’s wise to stick to the facts necessary to explain what happened without giving your opinions about the accident. If you say too much or veer off-topic, you may unintentionally admit full or partial fault for the accident. 

Note that the insurance claims process is different from a lawsuit. An insurance claim doesn’t start the lawsuit process. 

Settlement Negotiations

Either before or after you file a lawsuit, you, the at-fault party, and the insurance companies may attempt to settle the claim out of court. During this phase, the parties attempt to reach an agreement about what happened in the case and how much the victim should receive. Insurance companies may present you with “quick fix” settlement offers when you’re rear-ended by a drunk driver. They may claim this is the best deal you’ll get. In most cases, this just isn’t true. Before you accept any settlement amount, it’s a good idea to talk to a legal professional. 

You may read examples of drunk driving settlements online that show plaintiffs who get significant damage awards from at-fault parties. But the news tends to highlight the extreme cases. The most effective way to find out the accurate value of your claim is to talk to an attorney. 

Filing a Lawsuit

If you, the at-fault party, and the insurance companies can’t settle the case, then filing a lawsuit may be the best way to pursue compensation. In Texas, you typically must file a personal injury case two years from the accident date. 

An attorney can help you understand and meet your filing deadlines. They can also help you discover if an exception applies that gives you less or more time to file the case. 

How Much Will My Settlement Be If I’m Rear-Ended By a Drunk Driver?

If you’re rear-ended by a drunk driver, the settlement you receive typically encompasses the following:

  • Your past and future medical bills; 
  • Your past and future lost wages; and
  • Your pain and suffering.

The amount you receive depends on the extent of your injuries and the circumstances of the accident. 

Law Office of Aaron Herbert—We Can Help You Maximize the Compensation You Receive for Your Car Accident Case

If you were rear-ended by a drunk driver, a settlement is something our accident attorneys can help you pursue. Contact our team today by calling 214-200-4878 to schedule your free consultation.

Aaron has helped many car accident victims in situations like yours. He understands your pain and will work to fight for your right to compensation. He has over 20 years of rigorous trial and settlement negotiations experience.

Aaron’s team is not afraid of going after the faceless insurance companies standing in your way of securing justice.

Posted by Aaron Herbert at 10:39 am

How to Obtain a Copy of Your Odessa, TX Accident Report

Sunday, October 9, 2022

At Aaron A. Herbert, P.C., we recognize how a car accident can severely impact you physically, emotionally, and financially. You do not have to deal with the stress of a car accident alone.

If you have been in a car accident in Odessa, TX, our lawyers can assist you in recovering compensation. This can include compensation for lost wages, medical expenses, and more. 

One crucial step if you intend to file a lawsuit is to acquire a copy of any Odessa, TX, accident reports. You can request a copy through the Odessa Police Department in multiple ways.

Requirements for Odessa Police Department Accident Reports

In Odessa, Texas, police officers are required to send reports of motor vehicle crashes to the Texas Department of Transportation (TxDOT) under certain circumstances.

They must file a report if they have investigated an accident and filled out a Texas Peace Officer’s Report (CR3). The deadline for them to send this report to the TxDOT is the 10th day after the date of the car accident.

In addition, law enforcement officers must send these reports if the motor vehicle crash causes either an injury or death.

They have to also send reports if there is property damage that is equivalent to $1,000 or greater. The state will retain copies of crash reports for approximately 10 years.

Keep in mind that these reports are not available to every person in the general public. Police can only release crash reports to those who are immediately involved in the collision. 

If you are looking for additional guidance, consider contacting our skillful attorneys today. We can help you to obtain a copy of your report and file a lawsuit if necessary. 

Ordering an Accident Report In-Person

It is a straightforward process if you are looking for a copy of your car accident report in Odessa.

You can request copies of Odessa, TX accident reports from the Odessa Police Department in Texas. Through the Odessa police, accident reports can be obtained for any car accidents within city limits. 

To acquire a copy in person, you can contact the Records Unit within the Odessa Police Department Lobby. The address is 205 N Grant Ave, Odessa, TX, 79761.

Ordering a Car Accident Report Online

If you want to order Odessa, Texas accident reports online, you can go to the Odessa Police Department website and click on “Motor Vehicle Crash Reports” to request a copy.

The cost is $6.00 for a copy of your motor vehicle crash report. You should expect requests for copies to process within 48-72 hours.

Obtaining a Copy of Your Report Via Phone

If you need to obtain a copy quickly, you can also call the Records Division at 432-335-3306. Their hours of operation are 8 AM to 5 PM, Monday through Friday.

How We Can Help You

If you have questions on how to get a copy of Odessa, TX accident reports, reach out to Aaron A. Herbert, P.C.

Our experienced attorneys can help you gather the documents needed to file a claim to recover compensation.

Our firm has expertise in trucking accidents, car accidents, motorcycle accidents, and various other areas. We believe in fighting aggressively for your legal rights and helping you achieve the results you are looking for.

Consider calling Aaron A. Herbert, P.C. today at 214-336-4004, or use our online contact form to schedule an appointment.

Posted by Aaron Herbert at 2:42 pm

What to Do if You’re Suffering Back Pain After a Rear-End Accident

Saturday, October 8, 2022

Rear-end car accidents are common types of collisions in Texas, especially in busy metropolitan areas such as downtown Dallas. They can occur when two vehicles are too close to each other, or if a driver is not paying attention. The forces of a rear-end collision can jerk a victim’s neck and back rapidly forward and backward, causing injuries to different parts of the spinal cord. If you notice back pain after a rear-end car accident, take the correct steps to protect your legal rights.

Car Accidents and Delayed Injuries

Back pain from an injury may or may not be immediately noticeable after a rear-end car accident. Some back and spine injuries have delayed symptoms, meaning a victim may not notice related back pain for hours or even days after the rear-end collision. If the car accident caused a slipped disk, for example, but the disk doesn’t completely herniate until the victim tries to lift a heavy box a few days later, it can be difficult to connect the injury back to the rear-end car accident. This is why it is important to always go to a hospital after a rear-end collision, even if you initially feel fine.

Common Back and Spine Injuries From Rear-End Collisions

Even at a low speed, a car accident can substantially injure the back, neck or spine. The jarring impact of a crash propelling the body forward into a seat belt and then backward onto the seat can cause serious injuries, with symptoms that can persist for months or longer. Common examples of injuries associated with rear-end collisions include:

  • Whiplash and other neck injuries
  • Pulled or strained muscles and tendons
  • Soft-tissue damage
  • Slipped or herniated spinal cord disks
  • Ruptured disks
  • Nerve damage
  • Chronic pain
  • Shifted vertebrae
  • Cracked or broken vertebrae
  • Severe spinal cord injuries
  • Paralysis

If you notice any back pain, stiffness, muscle soreness, headaches, immobility, or tingling or numb sensations in any part of the body, you may have suffered a back injury in the rear-end collision. Keep in mind that these symptoms may occur after the crash due to the nature of the injury or the release of adrenaline. If you believe that you have a back injury from a collision, take immediate steps to protect yourself.

Go to a Doctor Immediately

Get professional medical care as soon as possible after a rear-end collision, even if the crash seemed minor. A doctor can run tests and x-rays to diagnose a back or spinal cord injury, whether or not you are experiencing symptoms. A doctor can tell you how long your symptoms may last, as well as prescribe treatments or medications to help you heal. Going to a hospital immediately can also strengthen your car insurance claim by showing an insurance provider that you did your best to mitigate your losses.

Collect Evidence of Your Injury

You may be eligible for financial compensation for a back injury after a car accident. The at-fault driver may be financially responsible for your related medical bills, lost wages, pain and suffering, and other damages. To receive a monetary award, however, you must prove your claim. This includes providing evidence of your losses. If you can, collect evidence to prove your back injury, such as medical records and documents, hospital bills, an injury journal, and medical expert testimony.

Consult With a Car Accident Attorney in Dallas

Next, contact a car accident attorney in Dallas to discuss your legal options. If there is proof that the rear-end collision caused your back pain or spinal cord injury, you may have grounds to file an insurance claim or personal injury lawsuit against the at-fault party. An attorney can help you with every stage of your injury claim, from investigating your car accident to connecting you to top doctors for your back injury. Contact The Law Firm of Aaron A. Herbert, P.C. today for more information about how we can help.

Posted by Aaron Herbert at 10:45 am

How to Get a Copy of Your Fort Worth, TX Crash Accident Report

Friday, October 7, 2022

If you suffered injuries or property damage in a car accident, it’s critical to obtain a copy of your accident report as soon as possible.

This report provides key evidence for your insurance claim and potential personal injury lawsuit.

Read on to learn more about why accident reports are essential and how to obtain a copy of your Fort Worth accident report.

Why Are Fort Worth Texas Accident Reports Important?

Fort Worth accident reports contain valuable information that attorneys and insurance companies use in personal injury claims.

The report identifies the parties involved and the cause of the accident. Sometimes, the officer at the scene will also attempt to identify the responsible party.

Parties rely on these reports because law enforcement officers are viewed as reliable and unbiased in their observations of an accident scene.

For many, gathering relevant information after an accident can be difficult.

Those who suffer severe injuries might be transported to a hospital for treatment or might be unconscious and unable to piece together the events in any meaningful way.

Your attorney uses all the information contained in your report to strengthen your claim for compensation.

How Can I Get Fort Worth Police Accident Reports?

When requesting your report, you will need certain information, including:

  • The names of the drivers involved,
  • The location of the accident, and
  • The date and time the accident occurred.

There are three different ways to obtain copies of Fort Worth Police Department accident reports.

Online

The Fort Worth Police Department’s website allows interested parties to obtain a copy of their accident report for $11.00.

If the report cannot be found, the report may not yet be available for purchase.

Call (817) 392-4160 to check your report’s status and to ensure law enforcement made a report at the scene. It may take up to 10 days before a report becomes available.

By Mail

Complete a Police Records Customer Order form to obtain a copy of Fort Worth, TX accident reports by mail.

You can mail the document to the Fort Worth Police Department Records Division at 350 West Belknap Street, Fort Worth, Texas 76102-2004.

It’s advisable to call the department before mailing your request and ensure that your accident report is ready for ordering.

In-Person

You may also pick up your report at the Fort Worth Police Department at 1000 Calvert Street, Fort Worth, Texas, 76107.

The Police Department is open from 7:00 a.m. to 5:00 p.m. It may be easiest to retrieve your accident report in person if you live close to the police department.

Contact Us

The Law Office of Aaron A. Herbert, P.C., advocates tirelessly for the rights of injured accident victims.

Our legal team gets outstanding results for our clients because of their decades of legal experience, aggressive litigation strategies, and personalized plans.

We’ve worked hard to earn a reputation in the community as hard-hitting, determined attorneys who mean business in and out of the courtroom.

After a car accident, you need strong support.

Contact the attorneys at Aaron A. Herbert, P.C. today for a free consultation and find out how we can help you!

Posted by Aaron Herbert at 10:10 am

What Is the Average Settlement for a Rear-End Car Accident in Texas?

Tuesday, October 4, 2022
average rear end settlement texas

Rear-end collisions are, unfortunately, extremely prevalent. We recognize how difficult it can be to suffer injuries due to such an accident.

This type of accident can cause broken bones, traumatic brain injuries, and other severe injuries.

A rear-end crash can be the result of speeding, driver fatigue, distracted driving, or other causes.

Our attorneys can assist you in getting the compensation you need after the accident. Consider getting in touch with Aaron A. Herbert, P.C., today.

What Is the Average Payout for a Rear-End Collision?

You may be asking yourself, what is the average settlement for a rear-end car accident in Texas?

The specific amount you may receive in a settlement varies greatly depending on your circumstances. Typical car accident settlement amounts range from thousands to millions of dollars.

Many factors impact settlement amounts, so quoting an “average” is misleading. The only way to get an accurate estimate for your case is to consult with an experienced attorney who knows how to weigh the competing factors.

Recent Case Settlements We Have Won For Our Clients

Here are some recent case settlements that we achieved for past clients after they were involved in a rear-end collision in Texas.

  • $1,2750,000 auto accident case involving a rear-end collision. 18 Wheeler ran into the rear of the client’s vehicle setting his car on fire.
  • $575,000 auto accident case. At fault, the driver was on a cell phone and rear-ended the client’s vehicle at a high rate of speed.
  • $265,000 client was rear-ended by a commercial vehicle and spent 24 hours in the emergency room.
  • $225,000 auto accident case. At fault, the driver rear-ended another vehicle starting a chain reaction and causing the client’s vehicle to be hit from behind and then pushed into another vehicle.
  • $200,000 Two clients were hit from behind on the highway and the at-fault driver’s insurance paid the full policy limits of $100,000 for each client.
  • $110,000 client was rear-ended after dropping off her child at school.
  • $67,500 low impact auto accident where the client was rear-ended. Collison caused aggravation of pre-existing injuries.

Determining Damages

There are many factors that can impact your settlement, but today we’ll discuss just two main factors.

Insurance and Policy Limits

Depending on the insurance and policy limit of each party, the settlement amount can greatly vary. Under Texas law, every driver is required to have the following insurance:

  • $30,000 in coverage for injuries per person,
  • Up to $60,000 total for injuries in a single accident, and
  • $25,000 for property damage.

These are the minimum amounts, but your damages may exceed these limits. If so, you may want to contact a knowledgeable attorney about your options for seeking additional compensation.

Who Was At Fault

The level of fault on the part of each party involved can change the amount of your settlement. Texas is a modified comparative negligence state with a 51% bar.

This means if the injured person is 51% or more at fault for the accident, they cannot recover damages. If you suffered an injury and were at fault for less than 51% of the accident, you will likely be able to recover compensation.

What Can My Settlement Include?

A settlement can allow you to recover economic and non-economic damages.

Economic Damages

This category of damages is more objective, tangible, and easily calculated than non-economic damages. Economic damages under Texas law can include:

  • Medical expenses,
  • Lost wages, and
  • Property damage.

If you have any questions, contact our experienced personal injury attorneys.

Non-Economic Damages

This type of damage is more subjective, less tangible, and harder to quantify than economic damage. Non-economic damages might include but are not limited to:

  • Pain and suffering,
  • Loss of enjoyment of life,
  • Disfigurement,
  • Physical impairment,
  • Inconvenience, and
  • Loss of consortium

These can be difficult to determine on your own because these types of damages can’t be assessed using receipts, invoices, or pay stubs. Reach out to our attorneys for further information.

How Our Lawyers Can Help

If you have suffered an injury in a rear-end car accident, our lawyers are here to fight for you.

Get in touch with Aaron A. Herbert, P.C. today, and we can help you get the compensation you deserve.

Our attorney is a veteran of the Marine Corps and graduated at the top of his class at the University of Oklahoma College of Law.

Besides rear-end collisions, our firm has experience with slip and fall accidents, workplace accidents, construction accidents, and more.

Consider reaching out to attorney Aaron Herbert at 214-336-4004 or email him at aherbert@texaslegaladvice.com.

Posted by Aaron Herbert at 12:13 pm

How to Get a Copy of Your Dallas Accident Report

Monday, October 3, 2022

If you suffered injuries in a car accident, you might rightfully be focused on your physical and emotional recovery.

Requesting documents, contemplating potential lawsuits, and arguing with insurance companies may feel far from your mind.

However, remember that Texas law protects your right to seek compensation from the negligent party that caused your accident and injuries.

Your accident report is one essential piece of evidence in a potential lawsuit and insurance claim.

Today, the attorneys at Aaron A. Herbert, P.C. will discuss how to obtain a copy of Dallas, Texas, accident reports.

What Are Dallas Car Accident Reports?

The Texas Peace Officer’s Crash Report, or the CR-3, includes useful information victims may miss or forget.

Law enforcement officers at the scene compile helpful information that they record in Dallas county accident reports.

This information includes the following:

  • The date, time, and location of the collision;
  • The names and contact information of parties involved;
  • The makes and models of vehicles involved;
  • Insurance information for parties;
  • Details regarding any injuries;
  • Details regarding property damage;
  • The names and contact information of any witnesses;
  • The violation of any laws and issuance of any citations;
  • Weather and traffic conditions at the time of the accident;
  • A sketch of the accident; and
  • The officer’s opinion on the cause of the accident and their determination of fault.

The officer’s narrative and fault determination are extremely valuable for insurance claims and personal injury lawsuits.

However, carefully read your accident report to spot any mistakes or errors. The sooner you have a chance to review your report, the sooner you can correct any inaccuracies.

How Can I Get Dallas Police Accident Reports?

There are three methods of obtaining a copy of the CR-3 report: online, in-person, and by mail.

Online

Dallas accident reports are available online from the Texas Department of Transportation. They are generally available five to seven working days after the crash.

The Texas Transportation Code requires reporting law enforcement officers to file crash reports with the Texas Department of Transportation (TxDOT) for any accident causing injury, death, or $1,000 or more in property damage.

The TxDOT collects crash reports from all Texas reporting agencies for collisions occurring on public roads or highways.

Copies of Dallas car accident reports cost $6.00 per copy or $8.00 for certified copies for use in court.

Mail

You may obtain Dallas Texas accident reports from the Dallas Police Department by mailing a written request to the Open Records Unit at 1400 Botham Jean, Dallas, TX 75215.

Provide a check for $6.00 for your copy with your request. Include the name of a person involved in the accident and the accident’s location or date.

In-Person

In-person requests may be made at the customer service window of the Dallas Police Department located at 1400 Botham Jean, Dallas, TX 75215.

As with mail requests, you must provide the name of a person involved in the accident, the accident’s location, or the accident’s date.

Texas Transportation Code § 550.065 only permits the release of accident reports on written request and payment to anyone directly concerned in the accident or having a proper interest.

This includes parties involved in the accident and any authorized representative, employer, parent, or legal guardian.

Contact Us

At Aaron A. Herbert, P.C., we fight to obtain outstanding results for our clients throughout Texas.

We’ve worked hard to earn a reputation in the community as hard-hitting, determined attorneys with impeccable litigation skills and negotiation tactics.

Over the years, we’ve secured millions of dollars for our personal injury clients.

Contact us today for a free case evaluation to find out how our legal team can help you.

Posted by Aaron Herbert at 10:17 am

What Is the Average Settlement for a Head-On Collision in Texas?

Saturday, October 1, 2022

Once the dust settles after suffering injuries and damages in a car accident, the first question you might ask is, What is the average settlement for a head-on collision?

Understandably, getting control of your finances is probably top of mind after an accident.

As your medical bills pile up, it may be hard to concentrate on your recovery.

While the value of a head-on collision settlement will vary from case to case, there are a few factors that may affect settlement values.  

What Factors Influence Head-On Collision Settlement Values? 

Many injured victims walk into an attorney’s office and ask, What is the average settlement for a head-on collision?

Unfortunately, an average settlement does not exist. Each case presents its own unique set of facts and circumstances that impact potential settlement values.

Multiple variables are involved, and each victim will have a different experience. Below is a list of common factors that influence head-on collision settlement values. 

Insurance 

Insurance limits impact settlement values. The coverage limits of the liable driver’s insurance company will cap the amount you can receive from an insurance settlement.

Texas requires all drivers to carry minimum insurance coverage of $30,000 for injuries per person, $60,000 total per accident, and $25,000 for property damage.

For many, these sums barely scratch the surface of their damages. When an insurance settlement won’t cover all of your damages, you have the option to pursue a personal injury lawsuit against the responsible driver. 

Severity of Injuries

Car accident injuries vary in severity. However, head-on collisions often result in serious injuries.

Spinal cord injuries and traumatic brain injuries may occur and can permanently affect a person’s day-to-day life.

Victims of severe or catastrophic injuries will often receive higher settlement amounts than people who suffer injuries they can recover from.   

Length of Treatment 

A personal injury case might not settle until an injured victim has completed treatment for their injuries. It’s vital to closely follow your doctor’s orders and treatment plan.

For those suffering severe injuries, multiple surgeries, a lengthy recovery period, and months of physical therapy may be prescribed. Some victims may never fully recover.

Accepting a settlement offer before you know the full extent of your recovery costs could result in compensation that fails to provide the financial support you need. 

Legal Fees 

Your potential settlement values are impacted by the terms of your fee agreement with your attorney.

Most personal injury attorneys don’t get paid until they obtain a settlement or judgment on your behalf.

A percentage of your total settlement is then paid out to your attorney. This percentage is established at the start of your case. 

What Is Included in a Settlement? 

When parties in a personal injury lawsuit settle, the injured victim agrees to accept money in exchange for not pursuing a claim against the responsible party. 

Determining what to accept in settlement discussions requires a calculation of your compensatory damages.

In Texas, compensatory damages include economic and noneconomic damages. 

Economic Damages 

Economic damages represent financial losses directly related to your injuries. Economic damages include costs and expenses for the following:

  • Medical expenses, 
  • Property damage, 
  • Lost wages, and
  • Loss of future earnings. 

These financial losses can be calculated by looking at your bills, receipts, invoices, and other documentation showing your expenses.

Noneconomic Damages

Noneconomic damages compensate you for the emotional losses you suffered because of an accident. These are only available if you first prove you suffered harm.

Examples of non-economic damages include:

  • Pain and suffering,
  • Disfigurement and scarring,
  • Permanent injury or disability,
  • Loss of consortium,
  • Loss of enjoyment of life, and
  • Emotional distress.

Due to their subjective nature, noneconomic damages are difficult to quantify.

For example, how does one assign a value to a scar that permanently changes your physical appearance or the pain and suffering caused by your injury?

An experienced attorney can help you determine the full extent of your damages so that you can pursue the compensation you deserve. 

Punitive Damages 

The Texas Civil Practice and Remedies Code Section 41.003 awards punitive damages if an injured victim proves their harm resulted from fraud, malice, or gross negligence.

Establishing negligence alone does not permit an injured victim to claim these damages in a head-on collision lawsuit.

Texas law caps punitive damages at $200,000 or two times a person’s economic damages plus an amount equal to any noneconomic damages found by the jury not to exceed $750,000. 

Contact Us 

The Law Office of Aaron Herbert has worked hard to earn a reputation in the community as hard-hitting, determined attorneys who mean business in and out of the courtroom.

With a mission focused on passionate advocacy for injured victims, our team combines legal experience, aggressive litigation, and personalized plans to help our clients fight for the compensation they need.

Contact us today to schedule a free case evaluation to learn how we can help you. 

Posted by Aaron Herbert at 12:00 pm

(PIP) Personal Injury Protection | Texas

Tuesday, September 13, 2022

(PIP) Personal injury protection Texas is a type of auto insurance the State of Texas does not require. In general, personal injury protection Texas pays for your damages and losses after an at-fault accident. Understanding personal injury protection, when you might need it, and how to pursue benefits from a PIP policy could help you recover financially after a car accident in Texas.

Contact a car accident lawyer near you for answers to your specific questions about personal injury protection coverage.

Personal injury protection Texas

What Does Texas Personal Injury Protection  Cover?

Texas is a fault-based insurance state, meaning that an at-fault driver or party will be liable for crash-related damages. If you cause an accident, you will have to pay for damages.

If you only carry Texas’ minimum required amounts of insurance, your policy will not cover your own damages in an at-fault accident. Personal injury protection Texas is optional, but you must tell the company in writing if you wish to reject this coverage. Texas personal injury protection auto insurance pays for a few different damages the policyholder suffers if he or she needs extra coverage.

  • Medical coverage. PIP will pay for 100% of a policyholder’s necessary medical services. This can include ambulances, doctor’s appointments, treatments, surgeries, x-rays, prosthetics, medications, professional nursing, dental fees, and nursing expenses.
  • Death damages. If the policyholder passes away in an auto accident, PIP insurance could pay for funeral and burial costs, as well as the medical expenses the victim incurred prior to death.
  • Lost wages. PIP will reimburse the person for 80% of lost income if he or she had to miss work because of the accident. The insurance company will need proof of the amount of income lost.

Most PIP insurance plans provide $2,500 to $5,000 or more in coverage for the at-fault party and his or her passengers. As someone involved in an auto accident, you may be eligible for coverage under PIP insurance as well as other policies, including that of an at-fault driver, vehicle owner, employer or multiple parties. If you do not have PIP coverage, you may have other policies available to take your claim.

How Does Texas PIP Work?

After an auto accident, if you wish to recover compensation through your policy’s Texas PIP coverage, you will need to document your accident, injuries, medical expenses and related losses of income. Your insurance company will need proof of the losses you are claiming.

Report the car accident to your insurance company as soon as possible. Most companies make it mandatory to report a wreck within 24 to 72 hours. You will submit the necessary documentation for your insurer to review, then wait up to 30 days to hear back from the insurance company. The insurer will either accept your claim and offer a settlement or deny coverage.

What Is a PIP Settlement?

You may not need to file a PIP claim with your insurer if someone else caused your auto accident. If another driver or party is to blame, that person’s policy may be liable for your damages. Hire an attorney to investigate your crash if you are not sure of the cause. If the at-fault party does not have enough insurance or you caused the accident, file a claim seeking PIP benefits from your insurer.

If your insurance company accepts your claim, it will offer a settlement according to the perceived value of your losses and the limits of the policy.
Your insurance company might not offer a high enough settlement for your losses depending on the situation. Insurance companies often try to protect their bottom lines more than their clients.

If you believe your medical bills and lost wages combined are worth more than your insurer has offered, negotiate for a higher settlement with help from an attorney.

A Dallas personal injury lawyer can take over communications with your insurer to pursue the fair amount of your claim or the maximum under your policy’s limit. A Texas PIP lawyer could also help you explore recovery options outside of a PIP settlement for greater compensation. Contact Us Today.

Posted by Aaron Herbert at 10:04 am

Texas Seat Belt & Booster Seat Laws in 2022

Wednesday, August 17, 2022

Obeying Texas’ seat belt and booster seat laws is more than just a legal matter. It can mean life or death if you get into an accident. Children are especially vulnerable to serious personal injuries in auto accidents, making it important to always follow the state’s car seat and booster seat laws. Get the details on the state’s most recent laws to keep yourself and others safe while traveling through Texas.

Seat Belt Facts

Lack of seat belt wearing is a major issue in the U.S. Out of all children ages 12 years old and younger who died in car accidents in 2017, 35% were not using safety restraint devices. In 2017, about 675 children died and 116,000 suffered serious injuries in motor vehicle accidents. The Texas Department of Transportation finds that seat belts can improve the odds of survival in a car accident by 50% for front-seat passengers. Combined with airbags, wearing a seat belt is the most effective way to reduce serious injuries and fatalities in car accidents.
Car accidents are one of the top leading causes of death for those under 54 in the U.S. In 2017, 23,714 vehicle occupants lost their lives in motor vehicle accidents in the U.S. If everyone in these accidents had been wearing seat belts, thousands likely would have survived. Seat belts prevented an estimated 15,000 deaths in 2016. Although airbags are also important for preventing injuries, they are not substitutes for seat belts.

Seat Belt and Booster Seat Laws

It is against the law in Texas to operate or ride in a motor vehicle without using a safety belt. All drivers and their passengers, of all ages, must wear seat belts. A safety belt violation could cost the driver $25 to $250 in fines, on top of additional court costs. An adult driver will be vicariously responsible for any minors not wearing seat belts or using car seats in the vehicle.

Texas Seat Belt & Booster Seat Laws in 2022 44


Section 545-412 of the Texas Transportation Code makes it an offense to operate a motor vehicle while transporting a child under eight years old unless that child is in a passenger safety seat system or the child is taller than 4’9.” The fines for breaking Texas’ child seat law is $25 to $250, plus a misdemeanor charge. The rule does not apply to vehicles for hire, such as taxis, as well as if the driver was operating the vehicle in an emergency.

Which Child Safety Seat Should You Use?

Auto manufacturers design seat belts for adult passengers, not for children. The lap and shoulder belts of a safety harness will not fit correctly over a small child. Instead, you must use an appropriate child restraint system to properly protect your child from injuries until he or she is old enough to use a seat belt.

  • Rear-facing car seat. Infants up to age two should sit in rear-facing car seats for optimal safety. Newborns should stay in rear-facing seats until they meet the height and/or weight requirements to transition to the next seat.
  • Forward-facing car seat. Children ages two to four (or until they reach the maximum height and weight requirements) should sit in forward-facing car seats. All car seats should go in the rear seat of the vehicle.
  • Booster seat. Children ages four to eight belong in booster seats, which will lift them to the correct height to properly wear an adult seat belt until they reach 4’9.” The belts should rest on the chest and hips or upper thighs, not the neck or waist.

Children over 8 years old should always wear seat belts and should remain in the back seat until at least age 13. Sitting in the front seat could put a young child at risk of serious injuries from the force of airbag deployment in an accident. Failing to properly secure a child in the appropriate safety seat could lead to a fine in Texas. It could also contribute to serious, life-threatening injuries for the unsecured child in an accident. The best way to keep yourself and your passengers safe is to buckle up.

Posted by Aaron Herbert at 2:19 pm

What Happens When a Car Accident Case Goes to Trial

Wednesday, August 10, 2022

The vast majority of all car accident cases in Texas settle, meaning the injured victim reaches a settlement agreement with the at-fault party’s insurance provider. If your case does not settle, however, your lawsuit may go to trial in Dallas County. Although a car accident trial can seem daunting, with an experienced car accident attorney by your side, you can go through each phase of a court case with greater peace of mind. Find out what happens when a car accident case goes to trial in Texas to know what to expect.

When Will a Case Go to Trial?

There are two main ways to resolve a car accident liability dispute: an insurance settlement and a personal injury lawsuit. A settlement refers to out-of-court negotiations between the insurance company and an injured party (or that party’s attorney). If a case cannot settle, it may go to trial. A personal injury trial allows both sides of a legal dispute to state their cases before a judge and jury. It is then up to the jury to decide whether the plaintiff or injured party met his or her burden of proof against the defendant.
A car accident case may have to go to trial in Texas if it involves complicated factors that cannot be worked out during settlement negotiations. Common examples are catastrophic injuries, high-value claims, liability disputes, the comparative negligence defense and insurance bad faith. If the insurance company refuses to offer a settlement that is fair and reasonable based on the victim’s losses, a victim may have no choice but to go to trial in pursuit of a just outcome.
 

What Happens When a Car Accident Case Goes to Trial 46

Steps of a Car Accident Trial

If your car accident lawyer recommends going to trial to obtain the financial compensation that you deserve, he or she will explain what to expect from each phase of the court process. Your lawyer will represent you and can attend every hearing or pretrial meeting on your behalf. In general, a car accident trial will involve the following steps:

  1. Discovery phase. This is a pretrial phase where both parties have the chance to learn what the other knows. Discovery involves an exchange of information, typically through depositions or requests for evidence. It allows both parties to prepare for the trial.
  2. Jury selection. Once the discovery phase has ended, the attorneys representing both sides of the case will ask a panel of potential jurors a series of questions to find 12 suitable jury members.
  3. Opening statements. On the date of the car accident trial, the trial will begin with opening statements from both parties. The opening statement is a summary of what the attorney plans on proving throughout the trial.
  4. Presentation of evidence. Next is the presentation of evidence, where both the plaintiff and the defendant will have the opportunity to present records, documents, eyewitnesses, expert testimony and other forms of evidence to prove their cases.
  5. Closing arguments. After all the evidence has been presented, both sides will give their closing arguments. They will discuss the evidence that was actually presented and try to persuade the jury to come to a certain conclusion.
  6. Jury deliberation and verdict. The final stage is the jury receiving its instructions and deliberating on whether or not the plaintiff met his or her burden of proof. If so, the plaintiff will be awarded financial compensation. If not, the defendant will be found not liable.

Keep in mind that your car accident case can achieve a settlement at any time before the court date. Throughout the pretrial process, your lawyer can continue to try to reach a settlement through negotiations with the insurance provider. If your case does end up in court, your attorney will use a tailored legal strategy to optimize your odds of success. For more information about a car accident trial in Texas, contact a trial attorney at The Law Firm of Aaron A. Herbert, P.C. for a free consultation.

Posted by Aaron Herbert at 11:07 am

Texas Car Insurance Laws

Friday, August 5, 2022

Automobile insurance is required in all 50 states. Car insurance is proof that a driver is financially capable of paying for a crash victim’s medical bills and property repairs. Making minimum amounts of car insurance mandatory for all drivers is a way to protect citizens from having to pay out of pocket for damage that they didn’t cause. Learn Texas’s car insurance laws to make sure you have enough coverage.

Minimum Required Amounts of Insurance in Texas

If you register a vehicle in Texas that you plan on driving, you legally must purchase at least the minimum required amounts of insurance under state law. The required types and amounts of insurance vary from state to state. If you have moved to Texas from a different state, you must update your address and coverage to match the required amounts. As of 2021, Texas’s minimum liability coverage is 30/60/25, meaning the following amounts of insurance are required:

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

You may also opt to pay for greater coverage limits, as well as optional types of coverage. The minimum amounts of insurance in Texas only pay for the other driver’s losses, not yours. For first-party coverage, you could purchase uninsured or underinsured motorist, medical payment, rental car reimbursement, and/or personal injury protection insurance.

How Does Liability Insurance Work?

Texas is a fault state, not a no-fault state. It requires all drivers to have liability insurance to pay for other drivers’ bills and losses. After a car accident in Texas, an injured victim will file a claim with the insurance provider of the at-fault driver. As long as the driver has the required amount of insurance, his or her insurer will pay for the victim’s losses, up to the policy’s maximum. No-fault states, on the other hand, require personal injury protection (PIP) insurance to pay for a policyholder’s own medical bills, regardless of fault for the crash.

Penalties for Driving Without Insurance/Proof of Insurance

If you break the law by driving without the required amounts of insurance in Texas, you could face multiple penalties. These penalties can be severe, depending on the circumstances. The State of Texas takes car insurance requirements seriously, as insurance can decide whether or not a crash victim will recover compensation for his or her losses. The penalties for driving without insurance may include:

  • A fine of $175 to $350 for a first offense, or up to $1,000 for a second or subsequent offense
  • Mandatory SR-22 certificate (higher-cost car insurance).
  • Suspension of your vehicle’s registration.
  • Impoundment of your vehicle.

It is also a requirement to carry proof of insurance. This can take the form of an insurance card in your vehicle or wallet, or a digital version on your smartphone. If you are unable to show proof of insurance during a traffic stop, you will receive a ticket and have to pay a fine. Recently, Texas ended its Driver Responsibility Program, which imposed an additional $250 fine per year for three years after being caught driving without insurance. Even after the end of this program, however, the potential penalties are significant.

What Happens if You Get Into an Accident With an Uninsured Driver?

Unfortunately, many drivers in Texas are guilty of driving without the required amounts of car insurance. If you get into a crash with one of these drivers, contact an attorney right away. It can be more difficult to obtain the financial compensation that you deserve in this scenario. You may be able to file a claim with your own insurance provider if you have more than the minimum required amounts of car insurance in Texas. Another option could be a personal injury lawsuit against the driver or another party, depending on the circumstances. An attorney can review your case and list your legal options.

Posted by Aaron Herbert at 1:38 pm

The Importance of Police Reports After a Car Accident

Thursday, August 4, 2022

Getting a police report is one of the most important steps you must take after getting into a car accident in Texas. A police accident report can serve as a key piece of evidence during the financial recovery process. For example, a car insurance company will examine a police report to help establish the other driver is at fault for your accident, as well as to prove your losses. There are many reasons why you should always call the police after an automobile accident in Dallas.

When Does the Law Require You to Report a Car Accident to the Police in Texas?

In some cases, state law will require you to involve the police after a car crash. Failing to call the police in these scenarios could qualify as a hit-and-run, resulting in penalties such as fines and even jail time. As a general rule, you should always report a car accident to the police in Texas if you see:

  • Confirmed or apparent injuries
  • Deaths or unconsciousness
  • Damage to the property of any one person in excess of $1,000

Even if your car crash qualifies as minor, calling 911 from the scene of your accident is an important step. Texas Transportation Code Section 550.062 requires law enforcement officers to report any accidents that result in injuries, deaths or expensive property damage to submit a written report to the Texas Department of Transportation within 10 days of responding to the scene. This report will create a piece of evidence that can be used during your case.

The Importance of Police Reports After a Car Accident 48

What Information Will You Find on the Police Report?

When the police arrive at the scene of your car accident, be sure to give them your version of events to be put in writing. Explain details such as where you were headed, how fast you were going and what you believe happened. Do not admit any fault or guilt for the accident, even if you believe you contributed to the crash. Instead, wait for an official investigation to determine fault. The police officer will create an official accident report that documents key information about the collision, including:

  • The exact time, date and location of the crash
  • The names of the drivers involved
  • Descriptions of all vehicles
  • Whether the other driver violated a traffic law
  • Insurance information
  • The directions that both vehicles were traveling
  • Statements from eyewitnesses
  • Official photographs and bodycam footage
  • The officer’s opinion of what caused the accident
  • Driver drug or alcohol test results

It is important to give the responding police officer accurate information while he or she is creating your crash report. If a police officer includes erroneous information in the report, it can make the recovery process more difficult. Before the officer leaves the scene, write down your police report number. You will need to give this number to your car insurance company so that it can access a copy of the accident report.

Why Do Insurance Companies Need Police Reports?

When you contact a car insurance company to report a car accident, it will ask for a police report. It needs the police report to gather key information about the crash and to aid in its investigation of fault. Texas is a fault-based state, meaning that the driver who caused the car accident will have to pay for related bills through his or her insurance company. An insurance company will ask to see evidence that its policyholder is at fault, in most cases, before it will accept a claim and offer benefits. This evidence can include a police report.
In many cases, a car insurance company will make it difficult for an injured victim to recover financial compensation by refuting fault. In this scenario, you could potentially use a copy of your police report to establish the facts of the crash. You or your car accident lawyer can use the report and other evidence to reconstruct the accident, prove the other driver is at fault, search for other defendants and demonstrate your losses. This is why it is important to obtain a police report immediately after a car crash in Texas.

Posted by Aaron Herbert at 3:38 pm

What Do I Do When Another Driver Has an Accident in My Car?

Tuesday, July 19, 2022
It’s bad enough to crash your own car and have to take responsibility for the damages, but when someone else has an accident in your vehicle, you can feel trapped. Loaning your vehicle to a friend or family member seemed harmless at the time, but now you have to face the consequences of a collision. Luckily, car insurance follows the vehicle, not the driver. However, someone else crashing your car can lead to your premium going up and having to pay a hefty deductible. Here’s what to do after someone else has an accident in your vehicle.

Call Your Insurance Company

F The first step after a friend or family member causes an accident in your car is to call your insurance company. The company will tell you who your policy includes. Typically, insurance policies cover people in your household automatically, as well as friends if you give them your permission to drive the car. However, some policies have an excluded list that describes certain people the insurance company will not cover. Depending on the circumstances of the crash, the driver’s insurance company, and the damage to your vehicle, your company will handle the situation in a variety of ways. If the driver suffered an injury in the crash, his or her own personal injury protection (PIP) policy would cover the costs. Unlike liability coverage, PIP policies cover the driver first and the vehicle second. If the driver does not have this protection under his or her policy, he or she could claim it against your own PIP coverage.

Find Out Who Will Pay for Damages

In a common scenario, where you and the driver both have car insurance, both companies may foot the bill for the accident. Your car insurance would serve as the primary coverage, and the driver’s insurance would be secondary. If the vehicle’s damages exceed the coverage limit on your policy, the driver’s insurance would step in and cover the remaining balance. Your own insurance coverage would pay for all damages if:
  • The driver did not have insurance
  • An excluded driver borrowed your car
  • Someone stole and crashed your vehicle
Remember, if the accident wasn’t the driver’s fault, the other involved driver’s car insurance would cover damages and your personal insurance wouldn’t change. Arm yourself with information in these situations by speaking with your insurance company and finding out what your policy covers. If you don’t have the right type of coverage, you may end up paying for damages out of pocket.

Speak to an Attorney Regarding Liability Issues

When someone else crashes your car, it’s possible for victims in the accident to hold you liable for damages. While this may not seem fair, it does make sense in certain scenarios. A party may hold you responsible for injuries and property damage even if someone else was driving your car. Such a situation might include you knowingly letting an intoxicated person operate your vehicle, letting an unlicensed driver take your car, or if issues relating to the car itself caused the crash. If, for example, the car’s badly maintained brakes failed while someone else was behind the wheel, the courts may hold you, the vehicle’s owner, responsible for a crash. Liability issues can be complex when a crash involves a vehicle owner and separate driver of the vehicle. Speak with an attorney if you believe you might end up in court regarding a car accident lawyer – whether you’re the driver or someone else was.

Prevent Similar Accidents in the Future

Dealing with car insurance companies and liability problems resulting from an excluded driver crashing your car can be a major headache. If there’s even a small possibility of a friend or family member driving your vehicle, include him or her on your insurance policy.
Posted by Aaron Herbert at 1:36 pm

7 Causes of Fatal Car Accidents in Dallas

Thursday, July 14, 2022

Serious car accidents involve a wide range of physical and emotional consequences. In some cases, injuries caused by an accident results in a fatality. In fact, car accidents cause roughly 1.25 million deaths every year. With so many car accidents being avoidable in nature, this figure is preposterous. Fatal car accidents do not just impact the driver involved – they impact the driver’s friends and family, too. It is crucial to understand how to prevent unnecessary fatality, but to do this, we must first look at what causes fatal car accidents.

Distracted Driving

Dallas Car Accident Lawyer

Distracted driving is one of the biggest causes of car accidents overall. Distracted drivers remove their focus from the roadway, resulting in easily preventable accidents caused by the driver not being completely aware of road conditions. Different forms of distracted driving that commonly cause accidents include:

  1. Road rage – Road rage is not the first immediate response when considering what causes car accident fatality. However, road rage is a huge distraction for some that habitually choose to focus on their anger versus their driving. Angry drivers tend to operate their vehicle more recklessly than calm drivers. For instance, angry drivers tailgate, brake check, and even speed to prove a point or make the other drivers angry. This can cause brutal, albeit unintentional accidents.
  2. Texting – Texting and driving remains a dangerous issue. Texting not only means the driver’s hands are not both on the wheel – it also means that the driver must read text. Though this is an obvious aspect of texting and driving, it is the big cause of accidents in these cases. Reading takes focus and brain power that a driver should be using to operate their vehicle. Moreover, the reaction time it takes for a driver to look up from their phone is significant when trying to avoid a collision.
  3. Using the phone – Though hands-free technology has helped drivers prevent accidents, many drivers still manipulate their phone for various reasons during transit. Using the phone for directions, to make calls, and to play music are all seemingly harmless, but in reality, this can be extremely dangerous.
  4. Drunk driving – Drunk driving is dangerous because it involves the ultimate form of distraction – impairment. Drunk driving reduces your reaction time, reduces your ability to detect changes on the roadway, and prevents you from properly discriminating different traffic and driver-related contexts. For instance, a drunk driver might hear cars honking without realizing that they are the driver that is holding up traffic. Drunk driving causes fatal accidents because drunk drivers are altogether unpredictable, some even passing out at the wheel. If a drunk driver causes an accident, our Dallas drunk driving accident attorneys can help get the victim and family compensation they deserve.

Traffic violations

Basic traffic violations can cause serious injury in the right (or wrong) context.

  1. Speeding – Speeding creates a speed differential between you and other cars. The bigger the difference, the more severe the impact is. Speeding is fatal to both parties involved in an accident.
  2. Not wearing a seatbelt – Even if your trip is short, wearing a seatbelt can prevent death in car accidents. Without a seatbelt, a passenger could eject from the car, become pinned between crushed car pieces, or severely hit their head on the windshield, causing brain/head damage. Seatbelts are mandatory for good reason.
  3. Running red lights or stop signs – This form of negligence can be fatal for the same reason that speeding is fatal. When cruising through an intersection at a high speed to beat the light, you can cause a fatal collision that injures other cars that are just beginning to accelerate. This difference in speed is fatal for car T-boned in the middle of an intersection.

Accident-caused fatalities are often preventable, making their prevalence altogether unnecessary. Play your part in keeping Dallas’ roadways safe by maintaining focus and operating your vehicle safely.

Posted by Aaron Herbert at 3:20 pm

How Long Does an Insurance Company Have to Settle a Claim?

Sunday, July 10, 2022
In the aftermath of a car accident in San Antonio, you could be dealing with many expenses. You may have serious injuries that require thousands of dollars in medical care, as well as the costs of repairing damaged property and making up lost wages. If you are curious as to when you might receive a settlement check from an insurance company, look at the average timeline of a claim in Texas.

1-2 Days: You File a Claim

After an accident, you should initiate the insurance process right away. Some insurance companies have deadlines to file, such as 72 hours after the accident, while others simply request that claimants file as soon as possible. Aim to file your initial claim within one to two days after the accident. Then, focus on getting medical care and following your doctor’s treatment plan while you wait for a response.

15 Days: The Insurance Company Responds

Insurance Company ClaimAn insurance company will have no longer than 15 days from the date of receiving notice of a claim to acknowledge its receipt in writing and commence an investigation, according to Texas Insurance Code Section 542.055. at that time, the insurance company will also be required to request all statements, records and forms it believes it will need from the claimant.

15 to 45 Days: Insurance Investigation and Decision

The insurance company’s investigation of your accident and the losses you are claiming is typically the longest part of the insurance process. Under Texas Insurance Code Section 542.056, an insurance company has no more than 15 days after it has received all items and statements required to notify the claimant in writing of claim acceptance or rejection. If your claim involves possible arson, the insurance company has 30 days to make its decision. If the insurance company has a valid reason why it cannot accept or reject a claim by the deadline, it must notify the claimant that it needs additional time and explain the reason. In this scenario, the insurance company will have no more than 45 days from the date it notifies the claimant to accept or reject the claim.

5 Days: The Insurer Releases a Check

If the insurance company accepts your claim, it must release payment of the claim within five business days of notifying you of the acceptance and receiving your signature on the liability release form. Upon the release of the check, expect your payment by mail within no more than two weeks.

Note: Timelines Vary

All in all, the insurance process can take anywhere from one to three months or longer to complete in Texas. If your claim does not encounter any complications, expect your settlement check within about one month of filing a claim. If, however, your case involves liability disputes, catastrophic injuries or injuries with lengthy recovery times, expect it to take longer. Although it is not common, you may need to take your personal injury case all the way to court for a fair result in San Antonio. This might be the case if the insurance company in charge of your claim is denying liability or refusing to offer a satisfactory settlement. If you need to file a personal injury lawsuit, the legal process could take significantly longer than an insurance settlement. A lawsuit can take one year or longer to resolve in Texas. Your exact timeline will depend on several factors, including how soon you can get a court date in your jurisdiction and whether you and the defendant settle the case before it goes to trial. For more information about the insurance process in Texas, including how long your settlement might take, consult with a personal injury attorney. Hiring an attorney may enable you to speed up the settlement process, as your lawyer will know how to communicate and negotiate with an insurance claims adjuster. A lawyer can also represent you during an injury trial in San Antonio, if necessary.
Posted by Aaron Herbert at 12:30 pm

Can You Be Sued for Texting a Driver?

Thursday, June 30, 2022
The age of technology has brought about some interesting questions regarding liability. Although people may not have a physical influence at the scene of a crime or accident, their electronic presence could impact one party’s ability to perform certain duties. Although it is not yet a criminal act to text someone who is driving, more people are beginning to question the liability of texters due to recent law suits.

The Case of the New Jersey Texter

Can You Be Sued for Texting a Driver? 53In 2009, a New Jersey couple was badly injured by a driver whose truck drifted into their lane. After settling with the driver, the couple decided to go after his girlfriend as well because she texted him before the crash and was said to be the cause of his distracted driving. The court could not prove the driver’s girlfriend knew he was driving when she sent the text, and, therefore, she was not liable. However, this case led to many questions about the liability of those who text a driver.

What Does the Law Say?

The driver of a vehicle is responsible for operating under a “duty of reasonable care.” This means drivers must take an ordinary amount of care to ensure the safety of passengers and others on the road. If the prosecution proves a driver breached the duty of care, and that breach resulted in harm or injury to others, the driver is guilty of negligence. IT’s extremely important to work with a car accident lawyer to fully understand the laws and your rights. Can You Be Sued for Texting a Driver? 55 In some states, the passenger of a vehicle must also act with reasonable care. If the passenger doesn’t take reasonable care, he or she could bear the guilt in an accident. It usually takes a great deal of investigation to prove liability in such a case. If a non-driver’s text directly affected the driver’s ability to act with reasonable care, the texter could be found guilty if a prosecutor proves he or she was aware the driver was operating a vehicle at the time. Because the texter is not physically in the vehicle, liability is even more difficult to prove, but it’s not impossible.

Elements of Negligence

For the courts to find someone guilty of negligence, the prosecution must prove all elements of negligence. First, the prosecution must establish a duty of care based on the relationship between the defendant and plaintiff. All drivers assume a duty of care when they operate a vehicle, and it extends to those with direct impact over the driver’s behavior. Once the prosecutor establishes the texter has a duty of care, he or she must prove the texter broke that duty by sending the text. If the prosecutor can prove a breach of duty, there also needs to be evidence that the breach caused the harm or injury. The law calls this a “cause in fact” or “but-for” causation. If the defendant could have reasonably foreseen the resulting harm, even if the actions did not directly impact the damages (such as texting from a different location), his or her actions fall under proximate cause, and the courts can still apply liability. Lastly, the law must legally recognize the harm, known as damages, resulting from the defendant’s actions to prove liability in a negligence case.

How to Avoid Liability

Even though it can be difficult to prove liability of a texter in a text-related accident, all involved parties should be careful. If you suspect the person you are texting might be on the road, don’t send the text. It is better to be overly cautious than to unwittingly cause an accident. Additionally, if you are the driver of a vehicle, don’t let new messages distract you from your responsibility to drive with care. As tempting as it may be, checking your phone while driving could cause harm to you, those around you and possibly your message sender.
Posted by Aaron Herbert at 10:39 am

If a Jaywalker Is Hit by a Car, Who’s at Fault?

Wednesday, June 22, 2022
When we think of accidents involving pedestrians and fault, we often assume that the motorist is at fault. In driver’s education courses, we’re often taught that pedestrians have the right of way. In certain situations, however, pedestrians can be liable for accidents, either partially or wholly.

How Do We Determine Fault?

Imagine witnessing a car hit a pedestrian. When telling a friend about the accident, you maintain that it was the pedestrian’s fault because he or she ran out in front of the vehicle before the driver could react. In some cases, assigning fault is this simple. There’s little a motorist can do when a pedestrian runs out in front of traffic. In these situations, witness testimony like yours may help an insurance adjuster arrive at that decision. Insurers may also look at police reports, traffic cameras, and whether or not the driver was following all applicable laws. It’s important to discuss your situation with a car accident lawyer to understand your rights and possible compensation. If a Jaywalker Is Hit by a Car, Who’s at Fault? 57In the case that the driver is wholly at fault, the pedestrian will easily recover damages from the driver’s insurance policy for economic and general damages. The main hassle in these circumstances is fighting with an insurance company to raise its lowball offers. In the event that a pedestrian shoulders all the blame for an accident, he or she likely won’t get compensation for subsequent injuries. In fact, the driver may be able to file a personal injury claim if he or she was injured in the process of swerving, or if the insurance company won’t cover the full cost of property damage. Instances in which a pedestrian may be fully at fault include jaywalking (crossing in the middle of the street), crossing against a traffic signal, walking along a highway, or walking while intoxicated.

What About Shared Fault?

Even in these scenarios, a driver may shoulder at least part of the blame for an accident. For example, a motorist may be partially at fault for a jaywalking accident if he or she was speeding even just a few miles over the limit. Distracted driving is another common reason for shared fault in jaywalking cases. When both the pedestrian and driver are a fault, the courts turn to one of two different legal concepts to guide their decisions in personal injury claims: contributory negligence or comparative negligence.

What Is Comparative Negligence?

Most states, including Texas, use the principle of comparative negligence to determine the proportion of fault in personal injury cases. A handful use an all-or-nothing system called contributory negligence to settle personal injury claims, stating that a guilty party must be 100% at fault for an injured person to collect a personal injury settlement. While these cut down on the number of personal injury cases the courts see, they’re rarely fair. San Antonio and surrounding areas use a comparative negligence rule when an injured person, like a jaywalking pedestrian, shares some of the blame for an accident. Under this rule, the victim can collect damages from another at-fault party, but the settlement will be reduced by his or her fair share of fault. For instance, imagine a driver was texting a friend when a jaywalker stepped out in front of him or her. The vehicle strikes the pedestrian, causing extensive injuries. The pedestrian sues the driver for damages, and a jury determines that the driver was 60% at fault for the accident. The pedestrian is entitled to damages minus his or her proportion of fault. Texas follows what’s known as the 51% rule, meaning an injured party can recover damages if he or she is 50% at fault or less.

Have You Been Injured in a Pedestrian Accident?

If you’ve been injured by a vehicle, you may be eligible for compensation—even if you were jaywalking. Contact our office for a free case evaluation to see if you qualify.
Posted by Aaron Herbert at 12:03 pm

What To Do After a Rear-End Car Accident

Monday, June 20, 2022

Although many rear-end car accidents are minor collisions, they have the propensity to be severe and even catastrophic. If a commercial truck rear-ends a small passenger car, for example, the injuries can be devastating. Knowing exactly what to do after a rear-end car accident in Dallas can help you effectively protect your rights as an injured victim, as well as help you from feeling overwhelmed in the aftermath of a collision.

What To Do After a Rear-End Car Accident 59

Pull Over and Check for Injuries

You legally must pull your car over immediately after any type of motor vehicle collision according to Texas law. Failing to pull over after a rear-end car accident could lead to a hit-and-run charge against you. This is a serious crime that can come with hefty fines and jail time.
Pull over as close as you can to the scene of the rear-end collision without putting yourself in danger. Turn on your hazard lights and check yourself and your passengers for injuries. When it is safe to do so, exit your vehicle and ask if anyone in the other car has been injured.

Call 911, If Necessary

rear end car accident

If anyone has been injured in the rear-end collision, if anyone appears unconscious or bleeding, or if you believe there has been at least $1,000 worth of property damage, the law in Texas requires you to call 911 to report the collision immediately.
You should also call the police if your rear-end accident involves an uninsured driver, a drunk driver, or a hit-and-run. Calling the police can create an official accident report that your insurance company can use to assess your claim later. You or the police will need to file a report with the Texas Department of Transportation, as well.

Exchange Information With the Other Driver

While you wait for the police to arrive, spend the time exchanging information with the other driver. You and the other driver should exchange names, addresses, phone numbers, license plate numbers and car insurance information. You should also write down other accident details for your own records, such as the date, time and location of the crash, plus a description of the other driver’s vehicle.

Do Not Admit Fault

While it is important to remain polite and not get aggressive with the other driver, it is also important not to apologize for the crash or admit any fault for the accident. Admitting fault could automatically bar you from financial recovery. Even if you are the rear driver and believe you caused the crash, refrain from admitting fault. Wait for a thorough investigation of the collision to identify the at-fault party. There may be other factors at play that you are unaware of, such as a dangerous road defect or the other driver’s comparative fault.

Document the Crash

Something else you can do while you are waiting for the police is document the crash. Use a camera or smartphone, if possible, to take photographs of the scene of the rear-end car accident. Obtain the names and contact phone numbers of any eyewitnesses, as well. If any local businesses caught the rear-end collision on surveillance cameras, request copies.

Watch for Hidden or Delayed Symptoms

Go to a hospital right away after a rear-end car accident in Dallas. Rear-end collisions can cause many serious injuries, including whiplash, broken bones, muscle strains, lacerations and traumatic brain injuries such as concussions. You may or may not notice the signs and symptoms of an injury immediately; however, going to a doctor without delay can lead to prompt diagnosis and treatment even with hidden or delayed symptoms.

Consult With a Car Accident Lawyer

If you encounter problems or challenges during the insurance process after a rear-end car accident in Dallas, consult with a Dallas car accident attorney for assistance. If the other driver’s insurance company is refuting fault, for example, or not offering as much as you believe your injuries are worth, an attorney can help.

Posted by Aaron Herbert at 4:05 pm

San Antonio Pedestrian Accidents – Child Pedestrian Injuries

Saturday, June 18, 2022

San Antonio Child Pedestrian Injury Attorney

Child pedestrian injuries and deaths due to motor vehicle related incidents nationwide average 20,000 incidents each year.  The majority of child pedestrian injuries and deaths occur at non-intersection locations.

When a child suffers an injury or is killed in an auto accident, parents and other family members are often left with many unanswered questions. It is understandable to feel overwhelmed, but help is available to get you through this. If the crash was the result of negligence, such as a distracted driver, a dangerous roadway, or a faulty vehicle part, the injured child or the family members of the deceased child have a legitimate claim for damages.

Pedestrian Accident Lawyer

The Law Firm of Aaron A. Herbert’s personal injury attorneys and staff are sympathetic to and resourceful for those affected by a serious car collision involving a child. For years, we have fought to protect the rights of our clients, assisting them in their pursuit of justice for compensation. We offer a free, no obligation consultation with a board certified personal injury attorney. We will listen to what happened, we will explain all of your legal rights and we will fight to protect those rights. There is no fee or case expenses unless we recover in your case.

While these accidents are tragic and most often the fault of careless drivers and not the fault of the child or child’s parents, the following are tips can at least help reduce the risk of being hit by a careless driver.

PEDESTRIAN SAFETY TIPS

Teach Kids How to Walk Safely

  • Teach kids at an early age to look left, right and left again before crossing the street. Then remind them to continue looking until safely across.
  • It’s always best to walk on sidewalks or paths and cross at street corners, using traffic signals and crosswalks. If there are no sidewalks, walk facing traffic as far to the left as possible.
  • Teach kids to make eye contact with drivers before crossing the street.
  • Children under 10 need to cross the street with an adult. Every child is different, but developmentally, most kids are unable to judge the speed and distance of oncoming cars until age 10.
  • Encourage kids to be especially alert for cars that are turning or backing up.
  • Teach kids not to run or dart out into the street or cross between parked cars.
  • If kids are walking when it’s dark out, teach them to be especially alert and make sure they are visible to drivers. Have them wear light- or brightly-colored clothing and reflective gear.

Take Action Against Distraction

  • Teach kids to put phones, headphones and devices down when crossing the street. It is particularly important to reinforce the message with teenagers.
  • Pull headphones down or turn off the volume before crossing the street.
  • Be aware of others who may be distracted and speak up when you see someone who is in danger.
  • If kids need to use a cell phone, teach them to stop walking and find a safe area to talk.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:
  • Traumatic brain injury (TBI).
  • Spinal cord injury.
  • Limb loss and traumatic amputation.
  • Internal injuries.
  • Disfigurement.
  • Fractures, such as a broken leg, arm, rib or pelvis.
  • Neck and back injuries.
  • Sprained or torn ligaments.
  • Contusions, lacerations and abrasions.
In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. /contact/”>Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 12:37 am

Who Is Liable for a Self-Driving Car Accident?

Friday, June 17, 2022

Self-driving cars are meant to improve the safety of the road, not add to the annual number of traffic accidents, injuries and deaths. Unfortunately, many self-driving car accidents have caused serious injuries and taken lives since their debut. Although a self-driving car reduces the risk of human error, it comes with its own hazards related to complicated autonomous technologies. If you get injured in a self-driving car accident in Texas, liability for your crash can be difficult to determine. This is why it’s important to work with a car accident lawyer in Dallas to help resolve your claim and get you the best possible outcome.

Human Operator

self driving car accident

One goal within the self-driving car industry is to manufacture vehicles that are 100% autonomous and require no human input to operate. The current reality, however, is that most autonomous vehicles require a human operator or supervisor. This leaves room for human error. One deadly crash in a Tesla operating on autopilot, for example, occurred as a result of the driver failing to heed the car’s warning to take the wheel. If a human operator is partially or wholly to blame for a self-driving car accident, he or she will be liable for damages.

Technology Company

One of the challenges of self-driving cars is the complex autonomous technology. Self-driving vehicles use cutting-edge technologies to operate – technologies that are often new and not thoroughly tested. If this technology fails in use, it can cause a car accident. This was the case in another fatal Tesla accident on autopilot in 2019, when the vehicle’s radar failed to detect a semi-truck.
If self-driving technology contains a defect and malfunctions, causing a car accident, the company responsible for the technology could be liable. In many cases, the technology company is different from the vehicle manufacturer. For example, Uber’s self-driving vehicles rely on Nvidia Corp to develop its microchips. If an investigation finds the autonomous technology to blame for an accident, the company that made the defective part will be responsible.

Vehicle Manufacturer

The manufacturer of the self-driving vehicle could be liable for a crash if the cause of the accident traces back to a defect in the vehicle’s design, assembly or marketing. If the manufacturing company made an error while designing the vehicle that makes it unreasonably dangerous for consumers, for example, the company would be liable for a related collision. Many car companies have joined the race to develop self-driving cars, including:

  • Argo AI
  • Audi
  • Baidu
  • Cadillac
  • GM
  • Google/Waymo
  • Tesla
  • Toyota
  • Uber
  • Volvo

Under Texas’ product liability laws, an injured accident victim will not need to prove negligence for a claim against a manufacturer, in most cases. Instead, it will be enough to prove that the self-driving car contained a defect and that this defect caused the car accident. These two facts will make the manufacturing company liable even if it was not negligent.

The Government

Another liability possibility is the government agency responsible for safety rules and regulations for self-driving cars. The state government may be liable, for example, if it had lax rules for safety-testing self-driving cars, and if this contributed to a serious car accident during an autonomous vehicle pilot test. Federal, state and local governments must take citizen safety seriously while granting companies permission to safety-test their vehicles on public roads.

Third Party

Some self-driving vehicle accidents are not related to factors specifically associated with autonomous technology. If a driver outside of the self-driving car caused the crash by texting and driving, for example, that driver would be liable. Other possibilities include the local government for a roadway defect, a property owner for a dangerous parking lot and an employer for a negligent on-duty driver.
Determining liability for a self-driving car accident in Texas can be challenging. For assistance with your particular car accident case, contact a lawyer near you.

Posted by Aaron Herbert at 1:16 pm

Who Is Liable If a Recalled Car or Truck Caused the Accident?

Thursday, June 16, 2022

Most car accidents are preventable and related to human error, such as a driver speeding or driving distracted. Some, however, are connected to defects with the vehicle that a driver has no control over.

Despite safety technologies improving in the automotive industry, 2018 had more light vehicle safety recalls than any other year in US history – 341, according to Stout’s 2019 Automotive Defect & Recall Report. If you get into an accident related to a recalled car or truck, find out who is liable.

Who Is Liable If a Recalled Car or Truck Caused the Accident?

Common Car and Truck Defects

Although many different types of recalled products can cause serious consumer injuries, auto part defects are particularly dangerous. Even a minor auto defect could act as a catalyst for a serious car accident. Common car and truck defects connected to motor vehicle accidents are:

When a vehicle manufacturer discovers a defect in one of its models, it lawfully must issue a recall. It must also make a reasonable effort to notify buyers of the defect, such as through an ad campaign or direct mail. A recall means the vehicle contains known defects that could be dangerous to consumers. The recall will contain information and safety recommendations for the vehicle’s owner, such as where to take the car for free repairs.

Who Is Responsible?

If a defective vehicle part causes a car or truck accident, an injured party may have a legal claim to damages. Most vehicle defect accidents fall under the category of product liability law. Product liability is a manufacturer or distributor’s legal responsibility for injuries caused by a faulty product. Under Texas’s product liability laws, a manufacturing company may be liable without proof of negligence if the vehicle contained one of three types of defects:

  1. Design flaw
  2. Manufacturing error
  3. Marketing mistake

If the injured party can prove the vehicle contained one of these product defects and that this is what caused the car or truck accident, the manufacturing company will be liable for damages whether or not the company was negligent. Other parties involved with the manufacture and distribution of the vehicle could also bear liability for a crash, such as a retailer, part or component manufacturer, or car dealership.

In a case where the doctrine of strict product liability does not apply, an injured crash victim may still be able to bring a claim based on the theory of negligence. An automaker could be liable based on negligence if it was careless and violated the accepted standards of care for the automotive industry. If the manufacturer knew about a defect but did not disclose it, for example, and this caused a car accident, the manufacturer could be responsible based on negligence.

How Will a Recall Affect a Claim?

Whether or not a recall was in effect at the time of your car or truck accident could affect your right to recover. An automaker may try to refute liability for your accident if you knew or reasonably should have known about the defect due to an ongoing recall.

If the defendant can prove that you received notice by mail of the recall with the company’s recommendation not to drive the car until getting it repaired, for example, this could protect the company from liability for an accident. If, however, your accident occurred before the recall was announced, the company could still be liable.

When to Hire a Product Liability Attorney in Dallas, Texas

A car accident case involving a recalled car or truck with a defect or safety issue can be complex. If you or a loved one was injured in this type of auto accident in Dallas, consult with a vehicle defect attorney for advice. If you have grounds for an injury claim against the manufacturer or another party, your lawyer can help you with the legal process.

Posted by Aaron Herbert at 1:22 pm

Who Pays for Medical Bills After an Accident?

Monday, June 6, 2022

A car accident can cause serious injuries that require hundreds of thousands of dollars in medical costs over a victim’s lifetime. Surgeries, treatments, physical therapies and medications can create a massive amount of medical debt for an injured victim. Knowing who is responsible for paying your medical bills after an accident could give you peace of mind during a difficult time as the victim of an accident. It could also prevent you from paying out of pocket for your own expenses, depending on the circumstances.

Texas Is a Fault-Based Insurance State

Most accident victims in Texas pay for their medical bills using a combination of insurance benefits and personal expenditures. If your injuries are minor and the at-fault party has insurance, you may not have to pay anything out of pocket. In Texas, the party at fault for an auto accident will be legally responsible for paying a victim’s damages, which include medical bills. Bringing an insurance claim against the at-fault driver could result in payment for your past and future treatments and medical expenses. If the other driver does not have enough insurance, however, you may need to seek additional benefits from other sources. This could include your own insurance company. As with any injury clamin, it’s important to discuss your situation with a personal injury lawyer to ensure you recieve maximum compensaiton for lost wages, medical bills and pain and suffering.

What Is Insurance Subrogation?

no fault insurance

Insurance subrogation is common during an accident claim. It refers to your own insurance company covering your medical expenses in the beginning, even if you were not at fault for the accident, then seeking reimbursement from somebody else’s insurance provider later. If you file a claim with your own insurance company for an accident you did not cause, your insurer may use subrogation to pay for your medical bills right away. After paying your bills, your insurance company will seek reimbursement from a third-party provider on your behalf.

What Is a Medical Lien?

In the beginning, your medical expenses will be your responsibility. If you cannot afford to pay your bills while you wait for a settlement or judgment award, the hospital where you sought treatment may place a medical lien against you. A medical lien is a legal claim to your property or assets if you fail to repay a debt you owe. If you do not pay off your medical bills within a certain amount of time, a medical lien could lead to consequences such as wage garnishment. If you have a successful insurance claim or lawsuit against another party, your car accident lawyer can pay off your medical lien with money obtained from the defendant. Then, what is left will go toward legal fees and your personal expenses.

What If You Were At Fault for the Accident?

If an investigation finds that you caused the accident, you may have to pay for your medical bills on your own. If you have health insurance, this can bring your health care expenses down. Another type of insurance that could help you pay off your medical bills is personal injury protection (PIP) insurance if you were injured in an auto accident. PIP and medical payment insurance can pay for your bills up to your policy’s maximum after a car accident you caused. If you have the responsibility of paying your medical bills, you may be able to arrange a personal payment plan with your hospital.
If you are not the only person at fault for the accident, however, someone else may owe you partial compensation for your losses. Texas is a comparative negligence state. This means if you and the defendant share fault for an accident, the courts will diminish your financial award according to your percentage of fault. If you were 20% to blame for the accident, for instance, the courts would take away 20% of your settlement or verdict award. You would still receive 80% reimbursement for your losses from the defendant.
If you have serious injuries after an accident in Texas, contact a lawyer for advice about who will pay for your medical bills.

Posted by Aaron Herbert at 1:28 pm

Steps to Be Safer on the Road

Thursday, June 2, 2022
Americans are more health-conscious than ever. Thanks to this new attitude and advances in medical technology, we are living longer, more productive lives. As we age, however, we begin to lose our sharp vision and some fine motor control. As a result, older Americans are more likely to get into accidents on the road. In 2012, motor vehicle crashes killed more than 5,500 adults and injured 214,000 more. Adults ages 85 and older are most vulnerable, though your risk of being in an accident increases exponentially after 70. Physical changes, vision changes, and a decline in cognitive functions are risk factors for age-related car accidents. Driving is an important aspect of maintaining our independence as we age. Luckily, older Americans can take some simple steps to protect themselves when behind the wheel.

Wear Your Seatbelt

Driving Safety TipsThis is one of the simplest things anyone can do to decrease the risk of being injured in a car accident. Older Americans already participate in higher rates of seatbelt use than younger groups. Of those involved in fatal crashes, 75% were wearing seatbelts—compared with 66% of those ages 18 to 64. Buckling up is easy to remember and greatly decreases the risk of injury or fatality. In Texas, we wear our seatbelts more than the national average (at a rate of 94%, compared to 86% nationally). Keep up the good work, and buckle up for safety.

Drive When Conditions Are Optimal

Whenever you can, avoid inclement weather conditions. Older adults are already more likely to limit their driving during bad weather and at night. Overall, they tend to drive fewer miles than their younger counterparts. Driving during times of optimum visibility can decrease the likelihood of an accident. If you must drive after dark or in the rain, ask someone for help.

Do Not Drink and Drive

Older drivers are less likely to get behind the wheel of a car while intoxicated. Only 7% of drivers who were involved in fatal accidents had a blood alcohol content above the legal limit of .08. For comparison, nearly a quarter of drivers aged 18 to 64 involved in fatal accidents had a BAC of over .08. Driving under the influence of alcohol or other substances is never worth the risk. If you anticipate drinking some alcoholic beverages, arrange for alternate transportation. Designate a driver or call a cab.

Other Protective Measures

Older drivers can take other steps to ensure their safety on the road. Try some of these preventive measures to lessen your risk of injury in a car accident: • Participate in regular low-impact exercise, such as walking or water aerobics, to keep your muscles strong. Muscle tone and flexibility are important aspects of driving—even if we do not necessarily think about it. • Schedule an eye exam once per year. Our vision is one of the first things to diminish as we age, so regular exams are essential. • Plan your route before getting into your car, avoiding highways and other busy roads whenever possible. Opt for back streets and well-lit areas if driving at night. • Use alternatives if you find your ability to drive waning. Options include public transit and carpooling with a friend. Safety is your utmost priority on the road. But if you have been involved in an accident, you need the services of an attorney. If you think you have the grounds for a personal injury claim due to an auto accident, contact a member at our experienced law firm for a free initial consultation. We will help you decide on an appropriate course of action, risk-free. Contact us today.
Posted by Aaron Herbert at 12:40 pm

What to Do After a Rear-End Accident in San Antonio

Tuesday, May 31, 2022
A rear-end accident can cause an injury that interferes with the rest of your life, such as whiplash or a concussion. If you’ve been injured in a rear-end car accident, the driver that hit you may be financially responsible for your injuries and losses. Take the following steps to increase the chances of collecting the compensation the law entitles you to in San Antonio, Texas.

Pull Over and Check for Injuries

Rear-End Car Accident Attorney in San AntonioTexas’ hit-and-run law requires all drivers involved in auto collisions, minor or major, to stop as close to the scene of the accident as possible. You must pull over and check yourself and others for injuries. If someone is injured, you have a legal responsibility to render aid, meaning to call the police or drive the victim to the nearest hospital.

Report the Rear-End Collision to the Authorities

Texas law also requires you to report any car accident to the police that causes physical injuries, fatalities or more than $1,000 in property damage. You may also wish to call 911 from the scene of a more minor accident to receive an official report that documents the rear-end accident. Having the police at the scene of the accident can benefit you in many ways. For example, the other driver may receive a ticket for reckless behavior such as speeding, tailgating, driving drunk or driving while distracted.

Do Not Admit Fault

It is important not to admit fault for a rear-end collision. Even if you are the rear driver and will most likely take responsibility for the collision, do not admit fault to the other driver or the police. Claiming fault right away will eliminate the need for a crash investigation. If you do not admit fault, on the other hand, an investigation may find proof of other liable parties, such as the other driver’s shared fault.

Take Pictures

If you can, take photographs while at the scene of your rear-end car accident in San Antonio. Capture pictures of the damaged vehicles, your injuries and some wide-lens shots of the entire crash scene. Photographs can paint a picture of how the collision occurred and who is liable, such as by capturing brake marks in the road or a hidden stop sign.

Exchange Information

Exchange names, addresses, phone numbers and insurance information with the other driver. Since Texas is a fault-based car insurance state, you will need to bring your claim with the at-fault driver’s insurance carrier. Ask for the name of the driver’s auto insurance company while still at the scene. You can also reference the police report for this information later.

Go to a Hospital in San Antonio

Get medical care immediately after a rear-end car accident. Common injuries suffered in these collisions are whiplash, soft-tissue injuries, back injuries, herniated discs, broken bones, traumatic brain injuries and knee injuries. Prompt medical care can show an insurance company that you did your part to mitigate your physical damages.

Call the Insurance Company

Call the other driver’s insurance company to report the accident as soon as possible. Most insurance carriers have deadlines on filing. Be careful when discussing the accident with the insurance company, however, as the carrier will want to minimize your financial recovery. Do not admit fault or allow the claims adjuster to record a statement Also, do not sign anything sent to you or agree to a settlement offer without an attorney’s approval.

Consult With a Car Accident Attorney in San Antonio

Your next step should be to contact a car accident lawyer in San Antonio to schedule a free legal consultation. You have nothing to lose in arranging a consultation and potentially a lot to gain. A lawyer can review your case to help you understand and protect your rights. If the other driver is to blame for your rear-end collision, that driver’s insurance company will be financially responsible for your losses. An attorney can help you prove fault and negotiate for maximum financial compensation so you can move forward after a rear-end accident in San Antonio.
Posted by Aaron Herbert at 2:37 pm

How to Claim Lost Wages and Income From a Car Accident

Wednesday, May 25, 2022
A car accident can interrupt your life in many ways, leading to both financial and nonfinancial losses. One of the most common types of losses associated with car accidents in Texas is lost wages. Lost wages can refer to both the income lost while you are undergoing medical treatments as well as any future lost capacity to earn due to a long-term disability.

How to Seek Lost Income in a Car Accident Case

The first phase of a car accident lawsuit in Texas is filing an insurance claim with the carrier of the at-party. The driver at fault for causing your car accident will be financially responsible for losses since Texas is a fault-based state. Driving Safety TipsWhen you file an insurance claim with the at-fault driver’s provider, you will list all of the financial losses you suffered in the car accident. You also have the right to seek financial compensation for noneconomic losses, such as pain and suffering. Before you can receive insurance benefits for these losses, however, you will have to prove that a) the defendant caused your car accident through an act of negligence and b) the car accident gave you compensable damages. A car accident lawyer can help you with this burden of proof.

Collect Proof of Your Lost Wages

To receive financial compensation for lost wages, you must present evidence of this type of loss. An insurance company, judge or jury will need to see enough evidence that proves you suffered a loss in income, and that this loss was directly connected to the auto accident. Common types of evidence used to prove lost wages are:
  • Most recent pay stubs before the injury
  • Payslips for special projects
  • Proof of tips or commission
  • Letter from your employer
  • Proof of employment benefits
  • Customer invoices
  • Tax return documents or W2s from previous years
  • Medical records proving the longevity of your injury
  • Letter from a physician proving you cannot return to work
  • Testimony from an economic expert
A car accident attorney in San Antonio can help you gather evidence of your lost wages connected to the car accident. An attorney will take over negotiations with an insurance company on your behalf to prevent the carrier from taking advantage of you or offering less than your losses are worth. An attorney will also help you project the value of your future lost capacity to earn if you suffered an incapacitating injury.

Calculate Lost Future Capacity to Earn

With a long-term or permanent disability, you could be eligible for lost future capacity to earn in a car accident case. This is an amount of compensation that represents what you reasonably would have earned from your job in the future had the accident not occurred. If the accident gave you an injury that will temporarily or permanently take you out of work, a lawyer can help you calculate this type of economic loss based on what you used to earn, what you can earn now (if anything) and how long you will foreseeably have your incapacitating injury.

How Much Is Your Claim Worth?

The value of your claim will depend on several factors unique to your case, including your average income pre-injury and the severity of the auto accident. An attorney can guide you through the steps necessary to accurately calculate your lost income, including the correct calculation method depending on whether you earn an hourly wage or salary. The best way to accurately estimate the value of your case is by consulting with an attorney. An attorney will work hard to maximize the financial relief you receive from a car insurance claim or injury lawsuit, including an amount in lost wages. Hiring an attorney can be critical if a car accident in San Antonio took you out of work for any amount of time.
Posted by Aaron Herbert at 8:04 am

What to Do After a Car Accident While Driving a Rental?

Thursday, May 19, 2022
A car accident can be stressful enough on its own without the added complication of driving a rental car. You may have heard different things about whether or not your own auto insurance provider will cover property damage done to a rental vehicle. Find out exactly what to do after a car accident while driving a rental in San Antonio for the best odds of obtaining coverage.

Check for Injuries

Pull the rental car over in a safe place and check for injuries. Take a moment to see if you notice any pain, bleeding or swelling. Then, check the conditions of the passengers in your vehicle and – if it is safe to exit your car – the conditions of those in the other vehicle. If anyone is injured, you have a legal obligation to render aid.

Call the Police

Car Accident LiabilityDocumenting your car accident is critical for a successful rental car insurance claim. The first question an auto insurance company typically asks is for the police report number. If you do not report the crash to the police, this can hurt your claim and make it more difficult to recover financial compensation. In Texas, it is a requirement to call the police immediately to report any auto accident that causes injuries, deaths or at least $1,000 in property damage. It can help your claim, however, to contact the police after any rental car accident, including minor collisions.

Gather Evidence

If you are physically able to do so, gather evidence while still at the scene of the rental car accident. Write down the other driver’s name, contact information, a description of his or her vehicle, and his or her license plate numbers. Use your cell phone or a camera to take photographs and videos of the scene of the crash. Write down your police report number so you can request a copy later.

Go to a Hospital in San Antonio

Obtain professional medical care for your injuries as soon as possible. Waiting too long to see a doctor after a rental car accident could give the insurance company a reason to deny coverage. Delaying medical care could also have a negative impact on your physical health. Explain to the doctor that you were just in a car accident. Request copies of your medical records before you leave.

Call the Rental Car Company

When you are able, contact the rental car company and report that you were in an accident. You must file an official car accident report with the rental company. Do not admit fault for the collision. Wait for an official investigation to determine who or what caused the crash rather than accepting liability from the onset. Ask the rental company what you should do with the vehicle. You are responsible for the car until you return it. The company may ask you to tow it to a specific auto shop or one of its nearby rental offices. Do not take the rental car to an auto shop without consulting with the company and getting its approval first.

Call Your Insurance Company

Call your own auto insurance company to initiate the claims process. If you did not cause the crash, reporting it to your insurer will not increase your premiums. Your own car insurance provider may contact the rental car company to work out an agreement. If you paid for rental car insurance, for example, your own insurance company can seek reimbursement through the rental policy. If you used a credit card to rent the car, call your credit card company to report the accident as well. Many major credit card companies offer rental car insurance coverage for property repairs. This is often only the case, however, if you did not cause the accident.

Contact an Attorney

Finally, contact a car accident attorney in San Antonio for assistance with the legal process. An attorney will know exactly what steps you should take for a successful case after a car accident in a rental car.
Posted by Aaron Herbert at 11:37 am

What Happens If a Drunk Driver Hits You in San Antonio, Texas

Thursday, May 12, 2022
Driving while intoxicated is a dangerous and reckless driver behavior that causes thousands of injuries and deaths in Texas every year. In 2018 alone, 961 people in Texas lost their lives due to drunk drivers. This represented 26% of all car accident deaths in 2018. If you get into an accident with a drunk driver in San Antonio, Texas, find out what happens next to prepare for the process ahead.

The Drunk Driver Could Face Criminal Charges

First, the drunk driver could face criminal charges for breaking Texas’ driving while intoxicated (DWI) law. It is illegal in Texas to operate a motor vehicle with a blood alcohol content level at or above 0.08%. A driver could also be guilty of DWI with a lesser blood alcohol content level if he or she is too impaired to drive. The driver may get arrested for drunk driving at the scene of your car accident. Call the police right away if you suspect the driver who hit you is drunk. If the driver is found guilty of DWI, your DWI accident attorney in San Antonio or a drunk driving attorney in fort worth can use the conviction as evidence during your civil case against the driver. However, there does not need to be an arrest for you to make a civil claim in San Antonio.

You Have the Right to File a Civil Suit Against the Drunk Driver

A civil lawsuit can reimburse you and your family for the economic and noneconomic damages connected to a drunk driving accident. A civil lawsuit is different from a criminal case against the defendant. A civil case can make you whole again by providing financial compensation for past and future losses, while a criminal case punishes the defendant. A successful civil lawsuit against a DWI driver could lead to compensation for:
  • Medical expenses
  • Physical pain and suffering
  • Scarring or disfigurement
  • Emotional anguish
  • Disability
  • Lost wages and capacity to earn
  • Vehicle repairs or totaled car replacement
  • Lost enjoyment of life
In Texas, the driver at fault for causing a car accident is financially responsible for damages. It is up to the victim, however, to prove the defendant was negligent or reckless and caused the collision. You or your attorney must demonstrate using evidence that the driver was under the influence of alcohol and that this caused the crash to recover compensation.

You May Be Entitled to Punitive Damages

Compensatory damages are available to help you pay the bills, recover and move forward after an accident. Another category of damages, punitive damages, is meant to punish a defendant for gross negligence or egregious wrongdoing. You may be eligible for punitive damages after a drunk driving car accident due to the nature of the defendant’s error. Even if the driver is not convicted of a DWI, you could receive punitive damages for the driver’s reckless decision to drink and drive.

You Could Also Hold a Negligent Bar or Restaurant Accountable

Texas has a dram shop law (Texas Alcoholic Beverage Code Chapter 2) that may entitle you to hold a bar or restaurant accountable for your drunk driving accident in addition to the intoxicated driver. This law places liability with establishments that overserve their patrons if those patrons proceed to injure others. If an establishment knowingly served a visibly intoxicated person or minor alcohol, and that person went on to cause a drunk driving accident, the dram shop may be held financially responsible for resulting injuries and property damage. The dram shop could be liable for contributing to the DWI accident by overserving the culprit.

Learn Your Rights After a Drunk Driving Accident in San Antonio, Texas

If a drunk driver hits you in San Antonio, Texas, you have legal rights as an injured accident victim. Consult with a car accident attorney in San Antonio for more information about your rights and legal options. You may have grounds to file a lawsuit against the intoxicated driver and/or other parties, such as the dram shop. A lawyer can explain your rights, provide legal advice, and represent you during a car insurance claim or personal injury lawsuit. Contact a car accident lawyer in Texas as soon as possible after a DWI crash for assistance.
Posted by Aaron Herbert at 5:54 pm

What Steps Should I Take After I Was the Victim of a Hit and Run Accident?

Monday, May 2, 2022
Being in a car accident is bad enough, but being the victim of a hit and run is even worse. Who will pay for your injuries and vehicle’s damages? Each state has a different set of laws addressing hit and run accidents. The following will help you understand the rules in Texas, what to expect, and when to consult a personal injury attorney for further assistance.

Moments After the Accident

In the immediate aftermath of the accident, the first thing you should be worried about is your safety. Pull over to the side of the road and look for injuries. It may be tempting to engage in a chase with the runner, but this is unwise. Catching the perpetrator is a job for law enforcement personnel. Your job is to tend to your injuries and call the police and emergency medical services, as necessary. Take a couple of deep calming breaths while waiting for them to arrive. Car Accident LawyerCalling the police to file a report is essential. Your insurance company generally handles hit and run claims, and it may deny your claim without a report. Alert the authorities, even if you don’t have the license plate information or other identifying information – just give them as much as you can. In some precincts, police won’t respond to the scene of an accident unless there are injuries. If this is the case in your area, you’ll have to go down to the station and request a report. Do this as soon as possible after the accident.

Gather Evidence

If you’ve tended to injuries and filed a report, all you can do now is gather evidence for your insurance company. Take pictures of all angles of your vehicle’s damage, as well as any property damage (to light posts, road signs, etc.). Claims adjustors from your insurance company may also want to take their own pictures of the damage and scene. Write down everything you can remember. Ask for email address or phone numbers of eyewitnesses while you are at the scene. If you’re lucky, one of them may have seen the license plate number of the person who hit you – making it possible for your insurance company to pursue the other insurance company for damages.

Know Who Pays for Damages

In the state of Texas, uninsured and underinsured motorist coverage is optional, though insurance companies are, by law, required to give you the option to purchase it. If you have uninsured motorist coverage, your insurance company will likely pay for the damage to your vehicle – though you’ll be stuck with the deductibles. If you don’t have uninsured or underinsured motorists’ coverage, and the police don’t catch the person who hit you, you’ll be paying for any damages out of pocket. For this reason, it’s wise to purchase uninsured motorist coverage when you insure your vehicle.

When to Call a Personal Injury Attorney

Ideally, your insurance company (or the insurance company of the perpetrator, if caught) will pay for your medical bills and compensate you for lost wages if you’ve been injured by a hit and run driver. Unfortunately, this isn’t always the case. If you’re struggling to pay your medical bills and make ends meet because of a hit and run accident, you may need a personal injury attorney. Luckily, most personal injury attorneys offer free consultations, which help them determine if you would qualify for a settlement. Being in a hit and run accident may seem like the end of the world, but it doesn’t have to be. With a level head and a proactive approach, you will be back on the road in no time.
Posted by Aaron Herbert at 7:04 am

Calculating Lost Wages From a Car Accident

Thursday, April 28, 2022
A car accident resulting in injury tends to have a snowball effect; hospital stay, recovery time, surgery if necessary and extensive bills for all of the above are just a few of the problems with which you might have to contend. Another is lost wages from missed work. This can have lasting damage on your finances if not fully compensated, but your options to do so are not limited; one can be to sue the responsible party.

How Can I Calculate My Lost Wages?

This can largely depend on what type of job you have and how you are paid. If you work in a full-time salaried position, this calculation is rather simple. If you work on an hourly basis or your salary is largely dependent upon commission, it’s more difficult to calculate an exact figure. Lost Wages From a Car AccidentIf you have kept the same job and the same earnings, you could show your previous year’s tax return for an accurate estimate on how much you’re owed. If you have been working consistently before the accident, copies of recent pay stubs would also suffice. But if you have the type of job where earnings change from week to week depending on contracts, commission or the general scope of your work, you’ll need to show what you missed while you were away. This is especially true if you are self-employed or work on a freelance basis. Showing proof of assignments and work you missed, the contract agreement for said work and/or what you had earned on similar projects in the past will all be important. Wage loss doesn’t just include what you did miss, but also what you might have missed; future earning capacity and lost opportunities (such as a raise or promotion) can very well be included in your claim if you can verify them. Accurate calculation of lost wages depends on proper documentation; you’ll need:
  • Physician’s letter, describing the extent of your injuries, medications prescribed, suggested recovery and the total length of time you must miss work.
  • Employer’s letter, stating that you are in fact an employee there, and that you did indeed miss all of that time from work.
  • A copy of the police report.
The aforementioned paperwork, such as tax returns and previous pay stubs, will also be crucial for documenting your wages.

Wage Loss Insurance

It’s not a guarantee that your car insurance plan covers lost wages due to missed work. This usually happens if you choose the option with the lower deductible. Typical liability, uninsured motorist and personal injury protection plans will cover for lost wages, but as always, read the fine print to be certain. Liability and uninsured motorist plans will cover 100 percent of lost wages. Personal injury protection can be very important, because even though it will only cover 80 percent of lost wages, it does this regardless of whether or not you were at fault. In the event of a car accident, missing work can seriously hinder your ability to pay your medical expenses. Filing a lawsuit or claim for compensation against the responsible party can help you recoup what you had lost.
Posted by Aaron Herbert at 12:04 pm

Determining Liability for a Car Accident in Texas

Saturday, April 23, 2022
If you get into a car accident in Texas, you will hear the term liability when going through the insurance process or a personal injury lawsuit. In legalese, liability means legal and financial responsibility for an accident and related injuries. Holding someone liable for your car accident means that person or party will have to pay for your medical bills and other losses.

Insurance Company Investigation

The first phase in determining liability for a car accident in Texas is filing a car insurance claim. Filing a claim will initiate the insurance company’s investigation of the crash. The sooner you contact your insurance company, the sooner it can investigate the crash and preserve key evidence. If you do not report your collision within a reasonable amount of time, your insurer may have grounds to deny coverage. The insurance company will investigate the car accident by analyzing evidence such as: Car Accident Liability
  • Photographs and videos
  • Surveillance footage
  • A copy of the police report
  • Signed witness statements
  • A driver’s cell phone records
  • Crash reconstruction diagrams
  • Medical records
  • Testimony from experts
The insurance company will hire someone known as an insurance claims adjuster to handle claim evaluation. The claims adjuster may call you soon after your crash to ask what happened. It is important to tell the truth during conversations with the claims adjuster. However, it is also imperative to keep your answers short and do not offer any information unless requested. Do not admit fault for the car accident and do not accept a settlement until you have spoken to an attorney.

Application of the State’s Fault Law

At the end of a car accident investigation, the insurance company will implement the state’s fault law to determine liability for crash-related damages. Texas is part of the majority as a fault-based car insurance state. Under this law, the person or party at fault for causing the collision will be legally responsible for economic damages. In Texas, the driver who caused the crash will have to pay for victims’ medical bills and property repairs using his or her insurance coverage. In a no-fault state, on the other hand, all injured parties will file claims with their own insurance providers, regardless of who caused the car accident. In this way, the insurance law in the state where the car accident took place will determine liability for related losses.

4 Elements of Proof

Before you can receive financial compensation for a car accident from another driver’s insurance company in Texas, you or your car accident lawyer has to prove fault. This is how Texas’s fault-based insurance system works. As the injured victim, it is your responsibility to prove that the other driver carelessly or recklessly caused your crash. Proving liability requires clear and convincing evidence that four main elements are more than 50 percent likely to be true:
  1. The defendant owed you a duty to exercise reasonable care.
  2. The defendant breached his or her duty of care to you (the defendant was negligent).
  3. The defendant’s breach of duty is what caused the car accident.
  4. You suffered compensable losses in the car accident.
In general, it is enough to achieve a car accident settlement by proving these four elements to an insurance company. In some cases, however, an attorney has to present evidence and witnesses at court before a judge and jury for a judgment award that adequately reimburses a victim for his or her losses.

How a Car Accident Lawyer Can Help

If you were recently injured in a car accident in San Antonio, do not hesitate to contact a plaintiff’s attorney for a free consultation about your rights. An attorney can help you with each phase of the recovery process, including determining and proving liability for your car accident. At the Law Firm of Aaron A. Herbert, P.C., we can use our experience, resources and personnel to investigate your collision and help you determine liability. Contact us today.
Posted by Aaron Herbert at 11:32 am

What are Common Problems Survivors of Catastrophic Accidents Experience?

Friday, April 22, 2022
Negligence is a common factor that contributes to catastrophic accidents – whether a person drove while using a cell phone, drank on the job, or failed to maintain his or her property. When this happens, the party who caused the damage can be taken to court and sued for outstanding expenses. However, Texas law also accounts for extenuating circumstances, such as loss of companionship or the inability to continue pursuing a career. The following is a brief overview of the common problems survivors of catastrophic accidents face. If you have more questions or concerns about an injury you have received, contact an experienced legal professional in your area for more information.
  • Long-term physical damage. Catastrophic accidents often lead to paralysis, loss of limbs, severe brain damage, and other complications. For example, internal injuries may require special equipment to keep a person alive or functioning.
  • Long-term recovery. Coupled with physical damage, these victims often must relearn motor skills, such as walking, balancing, or speaking. Additional equipment, such as walking apparatuses or speech assistance devices, is often required.
  • Ongoing medical bills. The initial emergency room bill and related surgeries are likely the steepest charges victims ever face. Sadly, that is just the beginning. Continuing doctor’s visits, physical therapists, and live-in care commonly follow catastrophic accidents – and these are not one-time payments.
  • Loss of consortium. The physical consequences of these actions are apparent, but they affect more than just the victim. A settlement should account for losing the intimate relationship you enjoyed with a spouse or the ability to interact with your child.
  • The inability to return to work. Devastating accidents often keep a person from returning to his or her line of work or pursuing a career goal. Athletes, for example, may never play sports professionally again. Courts account for these types of long-term damages, and it is important to work with an experienced attorney to ensure these areas are considered.
  • Home modifications. Hand controls, bathroom modifications, ramps, machines to facilitate access to a bed, and vehicle modifications may be required to return at least some independence to these victims’ lives.
  • Emotional and psychological consequences. Post-traumatic stress disorder is a frequent result of a debilitating accident. Depression, suicidal thoughts, and other mental and emotional consequences may accompany a catastrophe.

The Common Causes of Catastrophic Accidents

A person may encounter a variety of accidents, but most will not warrant a consultation with a lawyer. However, if you or a loved one is hurt in one of the following types of accidents, it is important to seek medical attention and schedule a consultation with a local law firm.
  • Trucking accidents. The trucking industry is tightly regulated, but thousands of fatal accidents still occur on our highways every year. Teamsters and the companies that employ them must diligently track their working hours, truck maintenance, miles traveled, and more. Overlooking or ignoring these details can lead to major damages.
  • Driving under the influence of drugs or alcohol is markedly dangerous. If you are involved with a drunk-driver collision, seek physical and legal help as soon as possible.
  • Workplace accidents. Many workers’ compensation claims are for minor aches and pains, but professional accidents can also be fatal. This is especially true for those in the construction, oil, and logging industries. If you’ve been injured it’s important to consult with a lawyer to see the potential of a fort worth construction injury lawsuit.

Partner with the Right Attorney in Texas to Protect Your Long-Term Care

Catastrophic cases are legally complex by their nature. Several negligent parties may be responsible, from a shift manager to his or her employer, a product manufacturer, or the distributer. This is further complicated when several insurers enter the mix. Victims of major accidents are routinely offered settlements, but failing to scrutinize the terms of these agreements can leave victims with expensive bills that accrue over their lifetime – which the person or organization responsible for the damages does not pay. Work with a San Antonio, Texas, attorney specializing in personal injury law for more information. The team at Aaron Herbert is ready to represent your claim, so
contact us for a consultation. We get to the bottom of who is at fault for harming our clients, and we tirelessly explore the full extent of how catastrophic accidents affect these victims over the course of their lives.
Posted by Aaron Herbert at 10:50 pm

San Antonino Crosswalk Accident Lawyer

Wednesday, April 20, 2022
While crosswalks aren’t taken seriously in a lot of cities, in San Antonino area we do take them seriously – but in the wrong way. Many of the crosswalks in San Antonino are nearly invisible to drivers and pedestrians, whether due to design or due to lack of maintenance. The brown/gray brick patterns on black asphalt just doesn’t cut it for pedestrian safety. And even when a more visible pattern is used, many cities in North Texas do not spend the resources to re-paint the crosswalk patterns until the paint is severely faded. In the end, a lot of money is spent on the design and upkeep of our crosswalks in San Antonino and surrounding cities, yet no significant changes in design have been made in the last twenty years to make intersection crossings more visible. San Antonino Crosswalk Accident Lawyer 74While many people complain that San Antonino is not pedestrian walkable because of sprawl and suburban style urban design with little sidewalk connection between areas, this is only part of the problem. The cities in north Texas need to start valuing neighborhoods which are already walkable by supporting pedestrian comfort and safe with better crosswalk design. A better design currently exists for crosswalks that has been proven a safer alternative to designs used in San Antonino. San Antonino should install install continental crosswalks throughout the city.  The “continental” uses two-foot-widestripes which are more visible to approaching drivers. Paired with a limit (stop) line set back five feet from the crosswalk, continental markings better delineate pedestrian space and discourage vehicles entering the crosswalk. Additionally, cities in North Texas have slowly started replacing signal lights at crosswalks with “countdown” lights for pedestrians. These signal lights show a countdown timer while the pedestrian “walk” figure is displayed so that that pedestrians crossing the street know exactly when they must be out of the roadway.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include: In the unfortunate event of an San Antonino crosswalk accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonino or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury San Antonino crosswalk accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 7:30 pm

How to Deal With Head Injuries After a Car Accident

Tuesday, April 12, 2022
One of the most common types of injuries suffered in auto accidents in San Antonio is a head injury. Head injuries, such as skull fractures or contusions, can lead to brain trauma. A traumatic brain injury, or TBI, can cause significant symptoms that impact the victim for life. It is critical to know how to correctly deal with a head injury after a car accident in San Antonio for your own physical wellbeing, as well as to strengthen a legal claim to damages.

See a Doctor Immediately

Brain injuries are incredibly serious and require immediate medical care. There is no such thing as a minor head injury. Any bump, jolt or blow to the head deserves professional medical attention right away. It is especially important to go to a hospital after a car accident in San Antonio if you experience any of the following symptoms, which could point to a traumatic brain injury:
  • Headaches
  • Dizziness
  • Nausea or vomiting
  • Disorientation or confusion
  • Issues with memory or recollection
  • Trouble sleeping
  • Mood swings
  • Seizures
  • Any loss of consciousness
With these symptoms, you could have a brain injury from your car accident. Common types of brain injuries include concussion, diffuse axonal brain injury, hematoma, edema and hemorrhage. These are all serious traumatic brain injuries that can occur in an auto accident and inflict life-changing symptoms. Prompt medical care can help you relieve the symptoms associated with a brain injury, and may save your life.

Follow Your Doctor’s Treatment Recommendations

If you are diagnosed with head trauma or a brain injury after a car accident, a doctor will give you a personalized treatment plan. Your treatment plan may involve bed rest and avoiding potentially dangerous activities that could give you a second head injury, such as sports. A second brain injury too close to the first can lead to a more serious injury and related symptoms. Other head trauma treatments may include medications, physical therapy and rehabilitation. The most serious brain injuries can also require neurosurgery to repair parts of the brain or prevent further brain damage from swelling. Follow your doctor’s treatment plan exactly for the best prognosis for recovery.

Attend Follow-Up Appointments

Do not miss any follow-up appointments with your doctor or a brain injury specialist. These appointments can be critical for your recovery. Skipping appointments can show an insurance company that you are not doing your part to mitigate your losses connected to the head injury. This can result in the rejection of your insurance claim or a reduction of case value.

Document Your Medical Care

Document all of your medical care in the aftermath of a car accident. Careful and accurate documentation and recordkeeping can help you build a stronger car accident injury claim. Ask for copies of your relevant medical records and bills after receiving treatment for a head injury. If your brain injury made you miss work, document your lost wages, as well.

Keep an Injury Journal

It is also important to document the personal side of your brain injury case. Head trauma and brain damage are catastrophic because they can alter a victim’s quality of life. They can cause behavioral, cognitive and emotional changes, as well as mental health conditions such as depression and anxiety. Keep a record of everything you are feeling and experiencing as you heal from your head injury. An injury journal can help you demonstrate how the injury impacted your life to a judge or jury.

File a Car Accident Lawsuit With Help From an Attorney

If you believe someone else is responsible for causing your car accident in San Antonio, contact a car accident attorney to help you file a lawsuit. Filing a claim against a careless driver or another party could result in financial compensation for the losses associated with your head injury, including medical bills and lost wages. Learn more about your legal rights and filing a car accident lawsuit by consulting with an attorney today.
Posted by Aaron Herbert at 1:23 pm

How Insurance Companies Investigate Car Accidents

Monday, April 4, 2022
After you get into a car accident in San Antonio and file an insurance claim, you will need to go through the insurance company’s investigation process before you can obtain a financial settlement. Certain things about how insurance companies investigate car accidents are important to know as a claimant, as they can prevent the insurance carrier from taking advantage of you.

The Company Assigns an Insurance Claims Adjuster to Your Case

First, the insurance company will assign a professional known as an insurance claims adjuster to your case. Most insurance companies also hire insurance investigators to evaluate a claim for signs of fraud. The insurance claims adjuster is the person in charge of reviewing your claim, investigating the car accident and making a recommendation to the insurance company.

The Adjuster Calls You for Details

An insurance adjuster will investigate a car accident case in many different ways. First, he or she will obtain a brief summary of the accident from those involved. Expect a phone call from an insurance adjuster as soon as the day of the accident, or in the days following. The insurance adjuster will ask you questions about your accident, such as:
  • Your police report number
  • The time and date of the crash
  • The exact location of the collision
  • How many other vehicles and drivers were involved
  • The other driver’s contact and insurance information
  • A description of your property damage
  • A description of your injuries
  • Why you believe the accident occurred
You do not have to have answers to all of these questions. Remain honest and do not speculate about anything. If you don’t have an answer or don’t understand a question, say so. Be aware that the claims adjuster does not want what is best for you; his or her main goal is to save the insurance company money. Do not admit fault to a claims adjuster and do not agree to provide a recorded statement. This is a tactic often used to twist your own words against you.

The Adjuster Investigates the Car Accident

After calling you and others involved in the auto accident, the insurance adjuster will conduct a full investigation of the crash. The insurance adjuster, along with the investigator, will look for evidence or information to piece together how the car accident occurred. Evidence may include:
  • Information from those involved
  • Statements from eyewitnesses
  • Images or photographs of the damaged vehicles and accident scene
  • Information from a police report
  • Medical bills
  • Physical evidence, such as damaged property
  • Cell phone records
Preparing all of the information and evidence you have about your car accident ahead of time can help an insurance company investigate your case in a timely manner. Insurance companies in Texas have no more than 15 days to investigate a claim, although this can extend to 45 days with a valid reason.

The Insurance Company Looks for Ways to Save Money

Throughout your car accident claim, an insurance company may try several tactics to save money by reducing or denying a payout. The insurer may deny its policyholder’s fault for your car accident, for example, or try to blame your medical bills on a pre-existing condition. Be careful during conversations with a claims adjuster or insurance investigator. If you do not feel comfortable speaking to an adjuster yourself, you have the right to hire an attorney to negotiate for you. An attorney can help you detect insurance bad-faith and protect your claim.

A Car Accident Lawyer in San Antonio Can Help With the Next Steps

Upon concluding the investigation of your San Antonio car accident, an insurance claims adjuster will make a recommendation to the insurance carrier to either accept or reject benefits. At this stage, if a car accident attorney is representing you, your attorney can negotiate the settlement offered for an amount that is adequate for your injuries and losses. If a settlement is not possible, your attorney can help you go to trial instead. Learn more about the insurance investigation process, and protect your rights as a claimant, by hiring a car accident lawyer in San Antonio from the beginning of your case.
Posted by Aaron Herbert at 5:26 pm

What Are the Deadliest Distractions in Your Car?

Monday, March 28, 2022
A daily commute can be a tedious, boring part of the day, especially when stuck in bumper-to-bumper San Antonio traffic. Many drivers turn to devices to make their commutes more enjoyable, scrolling through social media on smartphones or grabbing a bite to eat on the go. Unfortunately, any activity that diverts a driver’s attention away from the road can be deadly. In the event of serious injury or death it’s critical to work with a San Antonio Wrongful Death Attorney to fully understand your rights and get the maximum compensation for you rlossses. In 2014, distracted driving killed 3,179 people and injured 431,000 more in the United States. Distracted drivers are unable to react to changes in roadway conditions or hazards in time to avoid collisions. The best way to put an end to distracted driving is to understand what activities are dangerous behind the wheel. Avoid becoming a statistic by avoiding these 10 most deadly car ride distractions.

Lost in Thought

The most deadly distraction in your car is getting lost in thought. Driving can be a soothing, therapeutic task that causes some drivers to detach from reality. Driving in a haze, daydreaming, or in autopilot can slow your reaction time and increase your odds of crashing. According to a report by Erie Insurance, 62% of distracted drivers involved in fatal crashes were lost in thought.

Cell Phone Use

Surprisingly, cell phones do not come in at the top of the list of deadly distractions. They account for about 12% of fatal distracted driving accidents. Thirteen states ban the use of cell phones behind the wheel for all drivers, while 37 (Texas included) ban them for teen drivers only. Texting, talking, dialing, listening, and accessing the Internet on a mobile device while driving cause thousands of car accidents every year.

Rubbernecking

Staring at outside events, such as a car accident, leads to about 7% of accidents. Drivers take their eyes away from the road for extended periods of time to look at an event, object, or person, and crash into the back of the vehicle in front of them. Drivers should always keep their eyes on the road ahead.

Passengers

Other occupants in vehicles can cause an accident by distracting the driver or moving the driver’s hands or feet, such as jerking the wheel away as a joke. Bad company in your car can easily lead to an accident from occupants talking too loudly, making conversation that upsets you emotionally, or physically making you crash.

Reaching for Objects

Drivers who try to reach for objects in their vehicles, such as napkins from the glove box, headphones, or navigational devices account for 2% of all distracted driving crashes. Drivers are especially at risk of reaching for devices they bring into their vehicles.

Eating and Drinking

Eating and drinking while driving is one of the most common mistakes drivers make. Many drivers are in the habit of eating breakfast or sipping coffee on morning commutes, or taking lunch breaks on the go in their vehicles. Saving a few extra minutes isn’t worth the risk of a major traffic accident.

Changing Vehicle Controls

Fiddling with the devices or controls in your vehicle can take your eyes away from the road just long enough to cause an accident. Changing the radio station, air conditioning, repositioning your mirrors, moving your seat, or using a GPS navigation system while driving can be fatal distractions.

Moving Objects

Moving objects in the car can cause a distraction or lead to an object impeding the driver’s ability to control the vehicle. Moving objects may include pets or insects inside the car that take a driver’s eyes, hands, or attention away from the road.

Smoking

Activities relating to lighting cigarettes or other items, as well as ashing a cigarette in a car ashtray, can cause a distracted driving accident. Lighting a cigarette takes a driver’s eyes and hands away from the driving task, leaving him or her prone to crashes.
Posted by Aaron Herbert at 11:21 pm

How to Report a Car Accident

Tuesday, March 15, 2022
If you get involved in a car accident in San Antonio, Texas, there are steps you must take to fulfill your legal responsibilities as a driver. There are also steps you should take to protect your physical health and legal rights, such as reporting the car accident. If you need assistance with crash reporting, consult with a San Antonio car accident attorney.

When Do You Need to Report a Car Accident in Texas?

Failing to stop at the scene of an accident and call the police, if legally required, is the crime of a hit-and-run in Texas. Texas law requires a driver to report an accident to the police if it causes physical injury or death suit to one or more people, or property damage that appears to be valued at $1,000 or more to any one person’s property. If your car accident meets this definition, you lawfully must call 911 as soon as possible – usually from the scene of the crash.

Contact Your Auto Insurance Carrier

You must report a car accident to your auto insurance company. Your car insurance company needs to know about any collisions that involve your vehicle. Most car insurance companies require reporting as soon as possible, or within 72 hours of the wreck. You can also call the other driver’s insurance company to report the accident if you believe he or she caused the crash. When speaking to an insurance company, be careful what you say. The insurer will look for ways to reduce or reject coverage for your auto accident. Do not admit fault for the crash, do not sign anything and do not agree to give a recorded statement. Always tell the truth when answering questions from an insurance company. Keep your answers short and simple and do not offer any information that is not specifically requested.

Report the Accident to the TxDOT

Texas Revised Statute Section 550.062 states that if a law enforcement officer investigates a motor vehicle accident that causes injury, death or at least $1,000 in property damage, the officer must make a written report of the collision. The officer must submit this report to the police department and the Texas Department of Transportation (TxDOT) no later than 10 days after the car accident. If the police officer does not make an accident report, it becomes your responsibility to report the crash to the TxDOT within 10 days. The TxDOT needs to know about all auto accidents in Texas – even minor ones – to maintain accurate crash records. You must fill out the appropriate forms and submit them online or print them out and mail them to the TxDOT. You can also visit the closest TxDOT office near you to report your collision in person.

Get a Copy of Your Police Report in San Antonio

It is important to report your car accident in San Antonio for many reasons. One is to officially document the car accident so you can use the crash report as evidence in your car accident claim later. An auto insurance company will ask for your police report number as one of the first steps in investigating your claim. Try to write this number down before you leave the scene of your car accident. Once you have gone to a hospital for your injuries and made your initial crash report, request a copy of your police report for your records. This report should become available within 10 days of your accident. Car accident reports are only available to those involved in the wreck. You can contact the San Antonio Police Department to request a copy of your report. You can also request a copy of the police report submitted to the TxDOT through the department’s website. If you need assistance reporting a car accident in San Antonio or obtaining copies of your accident reports, contact a lawyer near you.
Posted by Aaron Herbert at 5:57 pm

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

Tuesday, February 22, 2022

If you get involved in a car accident where you weren’t at fault, you may imagine a simple claims process that ends in fair financial compensation to pay for your hospital bills and property repairs. Unfortunately, even if you didn’t do anything wrong, you may run into problems and frustration when processing an insurance claim. You may need a Dallas car accident lawyer to assist you. An experienced attorney can provide many key benefits and important services during the claims process.

Allow You to Focus on Your Health

Car accidents can cause life-changing injuries, from burns and broken bones to brain injuries and traumatic amputations. You should not have to worry about the legal side of your case while also dealing with painful, debilitating and expensive injuries. You need the peace of mind to concentrate on healing and moving forward from your accident. When you hire a lawyer, you give your case over to a team of experienced attorneys who can take care of legal tasks for you while you focus on getting well.

Investigate the Crash and Gather Evidence Against the Other Driver

You might know that you didn’t cause the car accident, but your word alone isn’t enough to win an insurance claim. If the other driver is refusing to admit fault or an insurance company is trying to blame you for the wreck, you will need evidence against the other driver. A car accident lawyer can return to the scene of your crash and provide a comprehensive investigation to collect evidence of fault, such as eyewitness accounts, photographs, surveillance video footage and a police report. A lawyer’s work can help you prove a case against the other driver.

Demand Maximum Financial Compensation

Even if you weren’t at fault for the car crash, the other driver’s insurance provider may try to avoid paying you the amount that you deserve. Insurance companies are notorious for putting their bottom lines over their clients. An insurer may try to undervalue your injuries and property damage to offer a settlement that is inadequate. Without an attorney’s assistance, you may accept the offer without realizing that you deserve more. A car accident lawyer can take over insurance settlement negotiations for you, carefully reviewing each offer and submitting counteroffers until the insurance company offers a full and fair amount. While most car accident cases achieve successful settlements, if your lawyer believes that you could make more with a personal injury trial in Texas, he or she can represent you at court, as well.

Protect You From Insurance Company Traps and Tactics

A car accident lawyer will know how to deal with insurance companies and talk to claims adjusters for you. This is critical, as insurance companies are known for taking advantage of inexperienced claimants. There are several defense tactics that an insurer may use against you even if you did not cause the crash. Your lawyer can combat these tactics to protect your right to recover. Defenses may include:

  • Comparative negligence. The argument that you also contributed to the accident, which could reduce your financial recovery.
  • Pre-existing injury. An allegation that you had the injury or condition you are claiming prior to the car accident.
  • Administrative errors. A claim that you made a mistake, such as missing a filing deadline, and that this disqualifies you from coverage.

Having a lawyer advocate for your best interests throughout the car accident recovery process can mean achieving better results with less stress and hassle. Your lawyer will know what mistakes and missteps to avoid in the fight for fair compensation, such as admitting fault and rushing into a fast settlement. Your lawyer will protect your legal rights and fight for justice on your behalf every step of the way. For a free consultation with a car accident lawyer in Dallas, contact us.

Posted by Aaron Herbert at 12:44 pm

What Is Gap Insurance and What Does It Cover?

Monday, February 21, 2022

It is no secret that when you drive a brand-new car off the lot, it immediately depreciates in value – oftentimes, by thousands of dollars. While this is never a positive thing, it can be even more problematic if you get into a car accident soon after purchasing the new car. Gap (Guaranteed Asset Protection) insurance is a financial solution for this specific situation.

What Is Gap Insurance?

Gap insurance pays for the difference – the “gap” – in the amount of money you receive from a car accident insurance claim for a totaled vehicle and the value of the loan you took out to purchase the new car. For example, say you took out a $20,000 loan to buy a new car. When you drove the vehicle off the lot, it immediately depreciated in value to $17,000. Then, you crashed the car while you were still paying off the loan.
Upon reviewing your case, a car insurance company offers you $17,000 for your property losses – the pre-crash value of the totaled vehicle. However, you will still be indebted to your loan service provider for the full $20,000 that you took out to buy the new car. Who pays for the remaining $3,000 – the difference between the pre-crash value of your new car and the amount you owe a loan provider? Gap insurance pays, if you have it.

What Does Gap Insurance Cover in a Car Accident?

Gap insurance pays the difference between what you still owe on your newly bought vehicle and its market value at the time of an accident or incident. It will cover this difference whether you caused the car accident or not, in most cases. Gap insurance can cover this amount after many different types of vehicle-damaging incidents, including:

  • Car accident
  • New vehicle theft
  • Vandalism
  • Storm or weather damage
  • Car fire

Gap insurance does not cover the sale of a vehicle or trade-in. Most policies also do not cover vehicles that are more than a year old. Finally, gap insurance will not help you pay to purchase another vehicle after yours is damaged or totaled; you would need a different type of insurance – new car replacement coverage – to help you pay for a new vehicle.

Do You Need Gap Insurance?

Gap insurance can help you protect yourself financially when you purchase a new car in Texas. It allows for the difference between the value of the loan you took out and the depreciated value of your vehicle once you drive it off the lot – protecting you from having to pay this difference out of pocket should anything happen to your new car. A standard car insurance policy will not cover this difference. You must have gap insurance for this specific type of coverage.
Not every new-car buyer needs to purchase gap insurance. However, if any of the following circumstances apply to you, it may be in your best interest to purchase gap insurance coverage in Texas:

  • You have purchased a car that is brand new or less than a year old.
  • You will owe more on your lease than the depreciated value of the vehicle.
  • You are leasing the vehicle.
  • You purchased a car that depreciates quickly.
  • Your vehicle is a popular model for auto theft.
  • You want peace of mind after taking out an auto loan on a new car.

In some states, an auto dealership is legally required to offer gap insurance when the buyer is purchasing the vehicle. However, this is an optional type of coverage that the driver does not necessarily need to buy. If you’re not sure whether gap insurance is a smart investment for you, calculate how much you would have to pay out of pocket should your car get damaged or destroyed. Subtract the current value of your car amount from your vehicle loan. If you are not comfortable paying this amount yourself, you may wish to invest in gap insurance.

Posted by Aaron Herbert at 2:01 pm

Who Is at Fault in a Chain Reaction Car Accident?

Friday, February 18, 2022

While some car accidents only consist of two motor vehicles, others involve three, four or more cars – leading to more complicated liability disputes. A crash involving more than two vehicles is referred to as a chain reaction car accident if it takes the form of a series of multiple rear-end collisions. The process of recovering financial compensation for a chain reaction car accident in Texas can be complex and require an extensive investigation.

What Is a Chain Reaction Car Accident?

A chain reaction car accident can be depicted as Driver C hitting Driver B, then Driver B hitting Driver A. It can involve more than three vehicles, as well. A chain reaction crash is a series of rear-end impacts, meaning the front of one vehicle strikes the back of the vehicle in front of it, and so on. Chain reaction accidents occur when the driver that causes the initial impact (Driver C in the example above) does so with enough force to propel the next vehicle (Driver B) into the car in front of it (Driver A).

How to Identify the At-Fault Party in a Chain Reaction Car Accident

A chain reaction car accident can cause serious injuries, such as whiplash and broken bones, to multiple drivers and passengers in more than one vehicle. Since Texas is a fault-based car insurance state, the driver most at fault for the collision is who must pay for all related damages – meaning all victims’ medical bills, property damage repairs and other expenses. Unfortunately, it can be difficult to identify the at-fault party in a chain reaction car accident.
In general, the driver of the first vehicle to make contact in a chain reaction car accident is liable for all resultant collisions. In the example above, this would be Driver C – the first driver to rear-end someone else and set off the chain of subsequent collisions. Driver C would be responsible for all other drivers’ losses in the crash in this scenario, even though his or her vehicle never touched Driver A. This is because without Driver C, Driver B never would have hit Driver A, making Driver C responsible for the entire chain of events.
Determining fault for a chain reaction crash typically requires an in-depth investigation into who or what caused the initial impact. An insurance company may send investigators back to the scene of the crash or to examine the physical damage done to all vehicles involved in the wreck to reconstruct the crash. An investigator may also interview all involved drivers, passengers and eyewitnesses for more information. The goal of an investigation is to find the source of the chain reaction – the person behind the initial collision.

Can Two or More Parties Share Fault?

It is possible for a single driver to bear financial responsibility for an entire chain reaction car accident in Texas. This might be the case if a driver was texting and driving or fell asleep behind the wheel, for example, and crashed into another driver, setting off a chain reaction of multiple other rear-end collisions. However, it is also possible for multiple drivers to share liability for a single-car accident in Texas.
Texas is a comparative negligence state, meaning that multiple parties (including crash victims) can share fault for a single accident. If a crash victim who is seeking compensation for a car accident is found to be partially liable for a chain reaction crash, such as for following another vehicle too closely or not paying enough attention, he or she could still be eligible for partial compensation from a defendant. Liability for a crash can be divided among parties based on each person’s percentage of fault. This will become the percentage of the total compensatory award each defendant must pay injured victims.
If you need assistance determining fault for a recent chain reaction car accident in Dallas, Texas, contact the car accident lawyers at The Law Firm of Aaron A. Herbert, P.C. to request a free case review. We are highly experienced car accident lawyers who can take on complicated cases.

Posted by Aaron Herbert at 12:53 pm

What Happens if You’re in a Car Accident With No Insurance in Texas?

Wednesday, January 19, 2022

Liability auto insurance is a legal requirement for drivers in all 50 states. It is an assurance that a driver has the financial ability to pay for a car accident. Operating a motor vehicle without the required amounts of insurance in Texas is against the law. If you get into a car accident without insurance, you could find yourself in legal and financial trouble – even if you were unaware that your insurance coverage had lapsed.

A Ticket and Fine

The most common consequence of getting into a car accident without insurance is receiving a traffic ticket and having to pay a fine. A police officer will cite you for unlawfully operating a motor vehicle without the required liability insurance at the scene of the crash. If this is your first offense, the fine in Texas is around $350. If this is not your first offense, the fines can increase to a maximum of $1,000.

Temporary Loss of Your Driving Privilege

You are not allowed to operate a motor vehicle until you purchase at least the minimum required amount of car insurance. In Texas, the minimum requirements are currently $30,000 per person and $60,000 per accident in bodily injury liability insurance, plus $25,000 in property damage coverage. You must show the Department of Motor Vehicles proof that you have purchased the required insurance to regain your driving privileges.

The Suspension of Your Driver’s License

If this is not the first time that you have received a traffic ticket for driving with no insurance, the state also has the right to suspend your driver’s license. The suspension could last as long as two years as part of your sentence. Although you may qualify for a hardship license to continue driving to necessary places, such as your job, a suspended license otherwise means that you cannot operate a motor vehicle.

Additional Fees

According to Texas Transportation Code Chapter 708, driving without insurance authorizes the state to charge you additional administrative fees on top of the base fine. These additional fees can add a maximum of $250 per year in surcharges to the fees that you must pay to renew your driver’s license in the three years following the ticket for driving without insurance.

Increased Insurance Rates

Getting a ticket for driving without insurance can lead to increased insurance rates when you do purchase a policy. In many cases, when you apply for coverage, having the offense on your driving record will cause the price of the auto liability policy to increase.

Paying Out-of-Pocket for the Car Accident

Texas is a fault-based car accident state, meaning the driver or party at fault for causing the crash is financially responsible (liable) for paying for related medical bills and property repairs. Having a car insurance policy saves you from having to pay for a car accident out of your own pocket. You could face a personal injury lawsuit brought against you by the accident victim(s) if you don’t have insurance.
If the victim wins the lawsuit, the courts have the right to force you to pay for the crash, even if this means liquidating your assets or garnishing your wages. Even if you were not at fault for the car accident, you could encounter issues with crash recovery if you don’t have insurance. The other driver’s insurance carrier could use this against you to reduce your payout, depending on the circumstances.

Ask an Attorney for Legal Assistance

It is important to obey Texas’s insurance laws by purchasing and maintaining an adequate amount of motor vehicle insurance as a vehicle owner and operator. Getting into a car accident without insurance can have many negative consequences and lead to thousands of dollars in costs coming out of your pocket. If you get into this situation, contact a car accident lawyer in Dallas for information about your legal options.

Posted by Aaron Herbert at 11:02 am

What to Do if Someone Won’t Share Insurance Information at the Scene of an Accident

Monday, January 17, 2022

Emotions can run high in the immediate aftermath of a car accident. Both drivers may be feeling the effects of adrenaline, as well as stress, tension and frustration about the situation. Some drivers may react to a car accident by getting defensive or hostile. This can result in a driver refusing to share his or her insurance information at the scene of the accident. If you find yourself in this situation, don’t panic. You can still get the information that you need even if the other driver does not cooperate.

Is a Driver Legally Obligated to Provide Insurance Information?

Drivers often exchange information at the scenes of car accidents. This is the easiest way to resolve issues, such as who will pay for property damage. Many states even make it a legal requirement to stay at the scene of a car accident until certain information has been exchanged. In Texas, Section 550.023 of the Transportation Code states that all drivers must exchange the following information after a car accident that results in property damage, injury or death:

  • The operator’s name and address
  • The registration number of the vehicle being driven
  • The name of the operator’s motor vehicle liability insurer
  • The driver’s license, if requested and available

In addition, a driver is legally obligated to provide any injured person with reasonable assistance, such as calling 911 and requesting an ambulance or transporting the person to the nearest hospital. Note that the requirement to exchange information still exists if a driver hits a parked car. In this case, the driver must leave the required information in a note that is placed in a conspicuous location on the car. If the other driver refuses to obey this law, do not take it upon yourself to force him or her to comply. Instead, let the police handle it.

What to Do if the Other Driver Refuses to Give You Insurance Information

Ideally, the other driver at the scene of your car accident will be willing to cooperate and give you his or her name, contact information and insurance information. The other driver should also let you see his or her driver’s license, if you ask. Unfortunately, you cannot control how other drivers will react to car accidents or your requests for information. You may come across a driver who refuses to share information with you. In this scenario, take the following actions:

  1. Stay calm. While a lack of cooperation by the other driver is not the best-case scenario, it will not interfere with your insurance claim if you take the correct steps.
  2. Report the car accident to the police. The other driver will be much less likely to refuse to give information to a law enforcement officer. You can then obtain a copy of the police report to get the driver’s information later.
  3. Write down everything. Even if the other driver refuses to give you any information, you can still write down your observations, such as the make, model and color of the other driver’s vehicle; its license plate numbers; and eyewitness information.
  4. Get a copy of the police report. In the days following your accident, call the police department in the county where the crash took place and give them your police report number to obtain a copy. This report should have the other driver’s insurance information.
  5. Call your own car insurance company. Call your own car insurance provider to report the accident right away. Follow up to give them more complete information once you get the other driver’s insurance carrier and policy number from the police report.

From there, you should contact a car accident lawyer in Dallas to explore your legal options. Your lawyer can help you get the information that you need about the other driver involved in your car accident, including his or her insurance information. Then, your lawyer can take over the insurance claims process on your behalf to pursue fair financial compensation from the other driver’s insurance company for your injuries and expenses.

Posted by Aaron Herbert at 10:38 am

Can a Low-Impact Accident Cause Serious Injuries?

Thursday, January 13, 2022

A car accident is a disaster that can give a victim injuries that may never fully heal, such as a traumatic brain injury or paralysis. While it is obvious that a high-speed or high-impact car accident can cause serious injuries, many people don’t realize that low-impact accidents can, as well. Even a collision referred to as a “fender bender” can give drivers and their passengers severe injuries. This is why it is critical not to talk about your injuries with an insurance company until you’ve seen a doctor.

How Can a Low-Impact Accident Lead to a Severe Injury?

If a car accident of any caliber exerts gravitational forces against a driver or vehicle passenger, the human body may not be able to withstand them – resulting in hard-tissue or soft-tissue injuries. A common example is a whiplash injury in a rear-end collision. A low-impact accident can still be enough to cause major injuries, including brain injuries, from the body being thrown around the car or from blunt-force trauma. For example, even a minor collision could break a window, resulting in lacerations. It could also trigger the airbag, which can cause bruising, facial injuries and skin irritation.
Pre-existing injuries and conditions can increase the odds of a low-impact crash resulting in serious injuries. A motor vehicle driver who already had a slipped disk in his or her back, for example, may suffer a more severe back injury in the low-impact crash than an ordinary driver would have. A rule known as the Eggshell Skull Doctrine states that a defendant must take a plaintiff as-is – meaning the defendant must pay for the plaintiff’s full injury, even if a pre-existing condition made things worse.

Low-Impact Accidents and Delayed Injuries

The advice given to car accident survivors is not to answer any questions about their injuries until they’ve been to a hospital or doctor; specifically, not to answer questions asked by an insurance company. This is because many car accidents, including low-impact accidents, inflict injuries that have hidden or delayed symptoms. You may not notice that you have bleeding in your brain from a head injury right away, for example, until enough time passes that it causes noticeable symptoms. Saying that you are not injured can make it more difficult to change your answer and recover financial compensation from an insurer if you discover injuries later.
Delayed injuries that a low-impact car accident could inflict include whiplash, back injuries, brain injuries, pulled muscles and nerve damage. If you get into a low-impact crash, such as a low-speed rear-end collision, do not assume that you are uninjured just because you initially feel fine. Your injury may have delayed symptoms, or your adrenaline may be masking the pain. When asked about your injuries, say that you cannot answer these questions until you’ve seen a doctor. Then, go to a hospital without delay.

Do You Need an Attorney After a Low-Impact Crash?

Personal injury lawyers do not only represent victims with serious injuries. If a low-impact accident gave you minor injuries, you may still benefit from hiring a lawyer to represent you during the claims process. If the car accident gave you injuries that qualify as serious, however, such as injuries that will give you long-term symptoms, a disability, or permanent scarring or disfigurement, it is especially important to contact a car accident attorney in Dallas.
Without an attorney representing you during a serious injury claim, a car insurance company may take advantage of you in an attempt to save money on your payout. The insurer may claim that you could not possibly have suffered such a serious injury in a low-impact car accident, for example, or it may try to blame your injury on a pre-existing condition. An attorney can help you protect your rights and best interest during the claims process after a low-impact crash.

Posted by Aaron Herbert at 3:11 pm

What Are the Common Causes of Truck Accidents?

Tuesday, January 4, 2022
Trucking can be a fun career, but it can also be a dangerous one. Large trucks will do more damage if their drivers make a mistake, and the industry often makes headlines for teamsters who drive sleepy or otherwise impaired. While some common causes of these incidents involve smaller vehicle recklessness, the actions of truck drivers often play a role, too. Here are some of the most common causes of truck accidents to understand and watch for:
  • Driver error. Humans make mistakes, and when your job involves driving on the roads for hours at a time, the likelihood of making a mistake increases. However, professional companies train drivers to understand and avoid the common causes of driver error accidents. Companies often eliminate some of them, for example, by restricting cell phone use on the road and taking other measures to lower the risk of distracted driving accidents.
  • Equipment failure. Drivers need to carefully and regularly maintain trucks that spend day in and day out on the roadways. Professional drivers are responsible for running through checklists before and after they get on the road each day. Faulty parts and improperly maintained equipment are common causes of many accidents. Tire blowouts and other debris flying out from a truck can have deadly consequences for vehicles following behind.
  • Lack of sleep. Like airline pilots, truckers are expected to maintain strict schedules to move their cargo. While federal and state regulations have reduced the amount of time a driver can travel on the roads continuously, some still experience a lack of sleep from tight schedules. Driving while tired is a form of impairment that can cause accidents just as easily as driving while intoxicated. Some research has even suggested that driving while tired is more dangerous than driving under the influence.
  • Bad weather. Once again, those tight deadlines can present problems for truck drivers. If they continue to drive in dangerous conditions, they may face reduced visibility and traction and truck instability – all of which can contribute to a dangerous accident. Since large trucks take significantly longer to come to a stop than regular vehicles, truckers must drive carefully in inclement weather to avoid causing a multi-vehicle accident or sliding off a bridge/road.
  • Poor loading. Semi trucks need balance to navigate the roadways properly. If a load is improperly distributed in the trailer, it can cause fishtailing and turnover accidents on the roadways. Every truck needs to follow a certain loading standard developed specifically to minimize imbalances in the trailer.
  • Drugs and alcohol. You’ll notice that drugs and alcohol are pretty far down on the list. Professional truckers who work for large companies have to follow strict guidelines regarding drugs and alcohol. Some are regularly tested, and many companies have a zero tolerance policy. A trucker who gets caught drinking once may find him or herself out of a job and without a good referral or recommendation to go to a different company.
The size of trucks can make small errors turn into deadly accidents. Technology is helping trucking companies overcome some of the common causes of accidents with advanced systems and enforcement requirements, but we’re still a long way from foolproof safety measures. In the meantime, give trucks plenty of extra space on the roadways to avoid the consequences of their mistakes.

Contact Our Truck Accident Attorneys

If you’re involved in a trucking accident in or around San Antonio, The Law Firm of Aaron A. Herbert can help you hold negligent drivers responsible for their actions. When teamsters fail to operate their large equipment in a reasonably safe manner, you can hold them and their companies liable for the damage caused. Contact our truck accident lawyers today for a free case evaluation.
Posted by Aaron Herbert at 12:01 am

Who Is Liable for Taxi Cab Accidents?

Wednesday, December 22, 2021

If taking a taxi cab through Dallas, Texas ends in a car accident, you may not know where to turn for financial reimbursement for your medical bills. Unlike a typical car accident claim, you will have more than just the driver of the vehicle to contend with. You may also have the right to file a claim against the taxi company or other parties. Find out who is liable for your taxi cab accidents to better understand your legal rights.

Texas Is a Fault State

Determining liability, or financial responsibility, for an automobile accident starts with understanding the insurance law in your state. Texas, like most states, uses a tort-based insurance law. This means that the party responsible for paying for an auto accident is the one most at fault for causing the wreck.
In a no-fault state, on the other hand, all drivers seek reimbursement from their own insurance providers, regardless of who caused the crash. Texas’s fault law means that you have the right to seek compensation from someone else’s insurance provider rather than your own. However, you or your attorney will need to prove fault using clear and convincing evidence to obtain compensation.

Who Is Responsible When a Taxi Cab Crashes?

A taxi cab accident is unique in that it involves more than just the driver of the cab. It also involves the taxi company. In the taxi industry, drivers are typically classified as employees. This means that the taxi cab company accepts responsibility (vicarious liability) for its drivers and the car accidents that they cause, in most cases.
An investigation will be necessary to determine who or what caused your taxi cab accident. If a taxi driver caused your crash, such as by distracted driving, speeding or violating a traffic law, you can most likely hold the taxi company liable. You may also be able to file a claim against the taxi company if its own mistake caused or contributed to the crash. For example, if the taxi company failed to properly background-check a driver, train a driver or maintain its vehicles and this caused the accident, the company is directly responsible.
If an investigation finds that someone outside of the taxi cab is responsible for causing the crash, you may be able to file a claim against that third party. If another driver broke a roadway rule and crashed into your cab while you were riding as a passenger, for example, you may be able to bring a claim with that driver’s auto insurance policy. Other potentially liable parties include an auto part manufacturer and the city or state government, depending on the circumstances.

How to Prove Fault for a Taxi Cab Accident

During an insurance claim or personal injury lawsuit for a taxi cab accident, the burden of proof rests with you – the injured victim. It is your responsibility to prove that what you are claiming is more likely to be true than not true. You or your car accident lawyer will need to collect and present evidence that shows that the defendant committed a careless act or omission, and that this was the direct cause of your taxi cab accident. You can help support your case by taking the following steps:

  • Make sure someone calls the police from the scene of the accident.
  • Speak to eyewitnesses and collect their information.
  • Document the crash by taking photographs and videos at the scene.
  • Go to a hospital immediately for medical care.
  • Write down the name of the taxi company, the taxi number, the license plate number and the taxi driver’s name.

When it comes to time to file an insurance claim, a police report, photographs, copies of your medical bills and eyewitness statements can all serve as evidence to support your case and prove your losses. If you need assistance gathering evidence or fighting for maximum financial compensation for a taxi cab accident in Texas, contact an attorney.

Posted by Aaron Herbert at 1:21 pm

Do Insurance Companies Pay for Rental Cars?

Monday, December 20, 2021

If you get into an accident, your car may be out of service for a few days, weeks or even longer while it’s being repaired – but you will still need to get to work, doctor’s appointments, school and other places in the meantime. If you choose to rent a car, find out if and when an insurance company will pay for the rental or reimburse you for this expense in Texas.

When Does Insurance Cover a Rental Car?

First, you will need to determine which insurance company you are using for financial benefits after an automobile accident. Texas uses a fault law, meaning you will file a claim with the insurance company of the driver who caused the crash after an investigation determines fault. If you caused the crash, you will turn to your own policy for coverage. In Texas, if you only have the minimum required amounts of car insurance, it may not pay for your rental car. The required types of insurance in Texas only pay for the other driver’s expenses, not your own. Call your insurer to find out if you purchased rental car coverage.
If the other driver caused your crash, your rental car costs will most likely be covered. Rental car coverage is included in property damage liability insurance, as this pays for all of a victim’s expenses connected to an accident. The other driver’s liability coverage will pay for your travel costs and the price of renting a car while you wait for yours to get out of the shop. If the other driver is uninsured or underinsured, however, you may have no choice but to use your own insurance or try to hold a third party responsible for your rental car costs.

How to Get Your Rental Car Costs Paid

If you get into a car accident, collect as much evidence as possible. Search for evidence to prove that the other driver is at fault and proof of your losses. Take photographs while you are still at the scene of the car accident. Write a detailed description of what happened, what direction you were traveling, how fast you were going, what the weather was like and any other pertinent details. Call the police to report the accident immediately and tell the officer your side of the story.
Further along in the recovery process, you will need to provide evidence documenting your losses to the insurance company that is receiving your claim. If you had to rent a car after your car accident and used your own money, submit the receipt for the rental car with your insurance claim. If the insurance company accepts the claim, it will reimburse you for the price of the rental. The car that you choose must be similar or equivalent to the car that was damaged, however; an insurance company will not pay for a sports car rental, for example, if the damaged car is an economy vehicle.
In other cases, the insurance company handling your claim will contact you and tell you to rent a car from a specific provider and pay for it ahead of time. Many car insurance companies partner with rental car companies for this purpose. In this scenario, the insurance company would arrange for you to pick up a rental car that it has already paid for. The insurer will work directly with the rental car company to pay for your rental rather than you paying upfront and getting reimbursed later.

Get Help From an Attorney

Getting all of your expenses paid after a car accident in Texas can be difficult as a crash victim. You may have to deal with bad-faith insurance tactics meant to take advantage of you. If you need assistance collecting financial compensation to pay for a rental car in Dallas, contact a car accident attorney. A lawyer can take over negotiations with an insurance company for you in the pursuit of fair and full reimbursement.

Posted by Aaron Herbert at 3:10 pm

What to Say to an Insurance Claims Adjuster After an Accident

Friday, December 17, 2021

It is normal to feel confused, stressed or overwhelmed after a car accident. It is critical, however, to realize that what you say after a crash can make a major difference to your claim. Saying the wrong thing to an insurance company can significantly decrease or even eliminate the financial compensation that you are offered for your medical bills and property repairs. Learn what to say and what not to say to an insurance claims adjuster to protect your rights.

What Are Insurance Claims Adjusters? What Are Their Goals?

An insurance claims adjuster is a person assigned to assess a claim by an insurance company. This person might work for the insurance company or have been hired from a third-party company. The claims adjuster is not on your side. The adjuster has been hired to try to save the insurance company money by minimizing client payouts. This is important to know when dealing with the claims adjuster or other representatives from the insurance company – they do not have your best interests in mind.

What to Say When Speaking to a Claims Adjuster After a Car Accident

You may receive a phone call from an insurance claims adjuster the day of or day after your car accident. Insurance adjusters often try to contact victims early, before they fully understand what happened and how the crash will impact them in the future (e.g., the severity of their injuries and the cost of necessary medical care). This is a tactic often used to get the claimant to say something early on that could hurt his or her ability to recover compensation.
Use the following tips when talking to a claims adjuster:

  • Prepare ahead of time by collecting copies of your police report and writing down everything you can remember about the accident.
  • Ask for the adjuster’s name, phone number and the name of the insurance company at the beginning of your conversation.
  • Proceed with caution. Give short and simple responses.
  • Only answers the questions asked; do not offer any additional information.
  • Stick to the truth. Do not embellish or speculate.
  • If you think saying something might incriminate you, don’t say it.
  • If you don’t know the answer to a question, don’t guess – simply say you don’t know.
  • If you don’t wish to answer a question, say this. You are not obligated to tell the adjuster anything that you don’t want to.
  • Mention that you plan on hiring an attorney.

Record your conversation with the adjuster or take notes immediately afterward. If you don’t feel comfortable talking to the insurance claims adjuster on your own or don’t want to deal with the stress of these conversations after a car accident, hire a car accident lawyer to do so for you. Having a lawyer represent you during negotiations with an insurance company can guarantee that your rights are protected.

What Not to Say to an Adjuster

The adjuster will most likely be friendly and polite during your conversation – a tactic to get you to trust them. Be polite, but firm. Always put yourself and your legal rights first. Never say any of the following things, as it could hurt your right to recover compensation:

  • “The car accident was my fault,” or, “I’m sorry.”
  • “I think I’m partially to blame.”
  • “I wasn’t wearing a seat belt.”
  • “I feel fine,” or, “I’m doing well.”
  • “I don’t think I have any injuries.”
  • “Yes, you can record me,” or, “Yes, I’ll give a recorded statement.”
  • “You have my permission to access my medical records.”

It is also important not to accept the very first settlement offer. There is a high likelihood that the offer is less than you deserve. Instead, hire a personal injury attorney to help you negotiate a fair settlement with the insurance provider on your behalf. An attorney can help you with every stage of the insurance claims process, from beginning to end.

Posted by Aaron Herbert at 11:18 am

Do You Have to Report a Car Accident in Texas?

Wednesday, December 15, 2021

A lot may be going through your mind after a car accident. It can be easy to forget what you are required to do by law, such as reporting the accident to the police, in some cases. Although you do not need to report every car accident in Texas, you are legally obligated to report serious collisions. Learn the law so that you know when to call 911 after a crash.

Reporting Requirements in Texas

It can be important to report any car accident in Texas, even if it is minor. The police report can serve as an important piece of evidence. In Texas, however, you are only legally required to report a car accident if it is serious enough to meet the state’s threshold. This threshold is:

  • Property damage valued at least $1,000 to any one vehicle.
  • Any physical injuries.
  • One or more fatalities.

If your car accident is serious enough, you must call 911 as soon as possible – typically from the scene of the car accident using a cell phone. Tell the police that a car accident has taken place and report any injuries, if applicable. Although state law in Texas no longer makes reporting a crash to the Texas Department of Transportation a requirement, you should still fill out the CR-2 Crash Report for your own records.

What Happens if You Don’t Report Your Accident?

Failing to report a car accident when the law requires you to could result in legal penalties or even an arrest for an alleged hit-and-run. The typical penalties are a fine of up to $5,000 and/or jail time. You may face pressure from the other driver involved in your car accident not to involve the police – especially if the other driver knows that he or she caused the crash. Do not give in to this pressure, even if the driver offers to pay you directly for your medical bills and vehicle repairs.

What Will the Police Officer Do?

Some drivers wish to avoid reporting a car accident to the police for fear of facing penalties, tickets or fines connected to the collision. While it is true that an officer may ticket a driver who violated a traffic law – such as driving recklessly or running a red light – it is still important to tell the police. Even if you were partially at fault for the crash, you may still be eligible for some financial compensation from the other driver.
Obtaining a police report can go a long way toward strengthening your insurance claim. The reporting police officer will take notes about the accident. Later, back at the police station, the officer will fill out the Peace Officer’s Crash Report (CR-3). The police report will contain important facts and information about the crash, such as the name of the other driver, a description of his or her vehicle, license plate numbers, and the date and location of the crash. It may also contain the officer’s opinion of who caused the crash.
About 10 days after your crash, you should be able to request a copy of the police report to use during the insurance process. While still at the scene of your car accident, ask the police officer for your report number. Use this number and your personal information to request a copy of the report. Do so by calling the police station in the county where your crash took place. You may have to pay a small fee for the copy.
For assistance using your police report as part of a car accident lawsuit in Texas, contact a car accident attorney in Texas. A lawyer can help you get a copy of your report and collect other evidence to support a car accident claim. Then, your lawyer can protect your rights and take steps to collect maximum financial compensation on your behalf.

Posted by mockingbird at 3:13 pm

What to Do After a Car Accident in San Antonio Texas

Tuesday, December 7, 2021

The Odds are you will be involved in a collision.

The odds are driving in the San Antonio areayou will be involved in a car accident at some point in your life. In the state of Texas every year approximately 3,000 people are killed and 80,000 people injured in motor vehicle collisions. Whether you are involved in a relatively minor fender-bender or a serious collision, the crash will likely have a serious impact on your life and the life of your loved ones from that moment on. If your asking yourself what to do after a car accident in San Antonio Texas, the information below can mean the difference between a fair and just recover, or no recover at all.

What you do after the crash is very important.

When you have been involved in a car accident, you need to protect both your physical health and your legal rights and options with regard to the accident. If you have been injured in a car accident in Texas you are likely entitled to compensation for your injuries if another party was at fault in the accident. Board Certified Personal Injury Attorney Aaron A. Herbert has been helping car accident victims and their families in the San Antonio area and surrounding communities for over a decade.

Steps to Take After a Texas Car Accident

In an effort to ensure that car accident victims do not make an important mistake after an accident, we suggest taking the following steps immediately  after being involved in a collision:
  • Call 911: Even if you think you were not injured and the damage was minimal, call the police. If for no other reason, you should call the police so that an official accident report is filed.
  • Do not admit fault: Never admit to anyone at the scene of the accident that you were at fault, even if you think you were. This includes the other drivers, the police or even a bystander. In the initial aftermath, you are likely not aware of all of the factors that played into the accident.
  • Driver Information: If you are able, get contact information for the other drivers. Ask for a name, address and telephone number. Also ask to see a driver’s license and insurance card. Be sure to take down the license plate number of the vehicles as well.
  • Get witness information: If you are capable of doing so, get contact information for any witnesses to the accident. It can be very difficult to track down bystanders later if there is no contact information, and independent eyewitness testimony can be crucial.
  • Gather physical evidence: If there is any physical evidence that might have been the cause of the accident, try and gather it while you are there. For example, if a blown tire in the roadway caused you to swerve, point it out to the authorities or pick it up and take it with you if you are able.
  • Take pictures: Carrying a camera in your vehicle is always a good idea, although not always practical. Cell phones will usually do for taking photos of the scene if you are able to do so. Along with photos of the vehicles, take pictures of the surrounding area and any physical evidence that you are not able to pick up and take with you.
  • Remove your belongings: Remember to remove your personal belongings from your vehicle if it is towed from the scene. Ask a paramedic to remove them if you are not able to do so yourself.
  • Go to the hospital: Always accept the offer to be transported to the hospital. A car accident can cause serious internal injuries that you may not realize and that can only be identified by a physician. Along with protecting your own health, having a medical examination done immediately after the accident also helps from a legal standpoint. Your attorney will have to prove that any injuries you sustained were a result of the accident. The longer you wait to seek medical treatment, the harder it is to prove that your injuries were sustained in the crash.
  • Get follow-up care: Make sure to follow-up with any recommendations made as a result of your medical examination. Again, this protects both your health and your chances of receiving compensation for your injuries.
  • Summarize the accident: Shortly after the accident, sit down and write out a brief summary of the accident so that key details are not forgotten. When you are able to, return to the scene of the accident and take additional pictures or ask nearby neighbors or businesses if they witnessed the accident.
  • Report accident to your insurance company: Call your insurance company and report the accident as soon as possible. Not doing so could jeopardize your right to coverage. However, do not give a written or recorded statement, even to your own insurance company, without talking to a car accident lawyer in San Antonio first.
  • Do not give a statement: Once you have legal representation, the defendant’s insurance company will have to communicate with your attorney. Before that time, make sure that you do not give a statement of any kind to the other driver’s insurance company or to anyone else.
  • Start a recovery journal: A car accident often results in injuries that are more subjective in nature, such as pain and suffering. In order to make a stronger case for compensating these injuries, you should begin a recovery journal. Make a note each day after the accident about the pain you are in, your inability to work and the emotional impact the accident had on you that day. This can be an invaluable tool when it comes time to negotiate a settlement or when your case is presented to a jury.
  • Get Repair estimates: Obtain at least three estimates for any repairs that will need to be done to your vehicle as a result of the accident. Make sure to get a written copy of each estimate.
  • Contact an attorney: Obtain legal representation as soon as possible after the accident. Important evidence and witnesses could be lost if you wait too long to obtain representation. In addition, your attorney will handle all communications with the defendant and any insurance companies involved in the accident. If you or a loved one has been in a car crash caused by another driver, our Texas car accident attorneys can help you recover the compensation you deserve. We hold careless drivers – and their insurance companies – accountable. To learn more, call us toll free at (210) 435-7968 or click HERE to use our online form. We can provide a free case evaluation and answer your questions. There is absolutely no fee unless we recover for you.
Posted by Aaron Herbert at 5:42 am

Can I Hold My Auto Mechanic Liable for Negligence?

Wednesday, November 24, 2021

The integrity of a motor vehicle is vital to the safe and proper control of the car. If something compromises how a vehicle operates, such as negligent or wrongful acts committed by an auto mechanic, and this causes a car accident, the crash victim may be able to file a lawsuit for damages. Finding out if and when you can hold your auto mechanic liable for a car accident in Texas may require assistance from an attorney.

Examples of Auto Mechanic Negligence

In personal injury law, negligence refers to the failure to live up to the expected or appropriate level of care. If one person’s negligence results in injury or harm to someone else – including in the form of causing a car accident – the negligent party may be held financially responsible. Many examples of negligence can result in an automobile accident in Texas. One is the failure of an auto mechanic to properly repair or maintain a motor vehicle.
Examples of auto mechanic negligence include:

  • Faulty or defective repair work
  • Performing a repair that causes additional problems
  • Incomplete repairs
  • Improper tire inflation
  • Damaging a vehicle part in the course of making a repair
  • Failing to diagnose an automotive problem
  • Using low-quality or damaged replacement parts
  • Improperly installing a part
  • Disabling safety features or vehicle functions
Auto Mechanic Liable for Negligence

If an auto mechanic fails to perform in a way that a reasonable and prudent mechanic would have in the same or similar circumstances, the auto mechanic may be guilty of negligence. If the act of negligence leads to conditions that cause or contribute to a car accident, the mechanic can be held liable for related injuries, property damage and deaths.
 

Lawsuits for Faulty Mechanic Work in Texas

After a car accident, there is typically an investigation into the cause of the crash. If it is discovered that a problem with the motor vehicle caused the accident, and not the driver of the car, the parties responsible for maintaining the integrity of the car will be called into question. This includes the auto repair shop that last worked on the car. If any evidence is found that the auto mechanic was negligent, victims who were injured in the car accident may be able to file lawsuits against the mechanic for financial compensation.
Proving a lawsuit based on the legal theory of negligence requires clear and convincing evidence of the following elements:

  1. Duty of care. The auto mechanic had a legal duty to work on the car according to the accepted standards of care in the automotive industry.
  2. Breach of duty. The mechanic did something that violated his or her duty of care, either carelessly or knowingly.
  3. Causation. The mechanic’s mistake was the proximate or actual cause of the automobile accident.
  4. Damages. The victim suffered compensable damages because of the mechanic’s mistake, such as physical injuries or property damage.

Proving negligence in this type of lawsuit typically requires evidence that a reasonable and prudent auto mechanic would have done something differently in a similar situation to prevent the crash. If a lawsuit against an auto shop or mechanic succeeds, the shop’s garage liability insurance will most likely pay for the damage caused by faulty repairs. All auto shops must carry liability insurance to cover repairs connected to substandard work.

When to Consult With a Car Accident Attorney in Dallas

A car accident case involving alleged auto mechanic liability can be complex. The auto shop may refute liability or try to blame you for the crash. Hiring a car accident lawyer in Dallas to represent you is the best way to protect your legal rights if you believe that a negligent mechanic contributed to your car accident. An attorney will stand by your side through every phase of the legal process when going up against a mechanic to guide you to the best possible resolution. To learn more about your legal rights, contact The Law Firm of Aaron A. Herbert, P.C. today.

Posted by Aaron Herbert at 12:25 pm

What Happens If I’m Driving Without a License in Texas?

Tuesday, October 19, 2021
Anyone who operates a motor vehicle in the State of Texas must have a valid driver’s license. A license is proof of the legal authorization to operate a motor vehicle. Driving without a license in Texas is a misdemeanor that can come with serious penalties – especially if you cause an accident as an unlicensed driver.

Consequences for Driving Without a License in Texas

Driving without a license is a crime in Texas. This means you could face a criminal conviction, an arrest and even jail time. Under state law, your driver’s license must be legally authorized, valid, up-to-date and the correct class for the vehicle you drive. If you operate a commercial truck, for instance, you need a Class C license. Operating a car without a driver’s license in Texas can lead to:
  • Impoundment of your motor vehicle.
  • A ticket for committing a moving violation.
  • A fine of around $200 for a first offense and more for a second offense.
  • A fine of $500 and up to six months in jail for a third offense.
  • An arrest and jail time for a misdemeanor crime.
  • A permanent conviction on your criminal record.
If you were driving with an expired driver’s license, the penalty is a fine of up to $200, plus a $100 surcharge for three years. You can avoid this fine, however, if you get your driver’s license renewed, pay a $20 fee and bring proof of the renewal to the courthouse. If you fail to follow up with renewal and miss your scheduled court date, however, you could face a class C misdemeanor on top of the traffic infraction. If you were driving on a suspended or revoked license, the penalties can be even steeper. This is called Driving While License Invalid in Texas (Texas Transportation Code 521.457). It is a class C misdemeanor that can come with consequences such as a second suspension of your license, a fine of up to $500 and a surcharge of $250 for the next three years. These penalties can increase for a second or subsequent offense, up to six months in jail and $2,000 in fines.

What If You Cause an Accident While Driving Without a License?

You can face life-changing penalties for causing an automobile accident while driving without a license. You may get arrested for this offense, as it is a class A misdemeanor. The penalties for this crime include up to a year in jail and/or a fine of up to $4,000. If you cause a car accident that results in injuries or wrongful death to another person while driving on a suspended or revoked license, it is also a class A misdemeanor. You will face civil liability for causing a car accident while unlicensed as well. Civil liability means financial responsibility for the injuries and losses suffered in the car accident. Your auto insurance provider will be responsible for covering the medical bills and property repairs of all injured victims. If you were also driving without auto insurance, these expenses may become your responsibility to pay out of pocket.

What Is Negligent Entrustment?

If someone negligently entrusted his or her vehicle to you while knowing you were unlicensed, that person could bear a portion of liability for a car accident. For example, it is against the law for a parent to knowingly allow a child who is unlicensed to operate a motor vehicle. If you get into a car accident in this scenario, the person who negligently let you drive may have to pay some or all of the financial damages through his or her auto insurance provider. This could lead to an increase in that party’s insurance premiums.

What to Do After an Accident While Unlicensed

Stop your vehicle at the scene of the car accident whether or not you were driving with a valid license. Fleeing the scene can result in much more severe penalties than driving without a license. Then, contact a lawyer for assistance. A San Antonio, Texas car accident lawyer can help you understand your options and rights after a collision while driving without a license.
Posted by Aaron Herbert at 6:01 pm

What Should I Do If I See a Drunk Driver on the Road?

Saturday, October 2, 2021

According to the Centers for Disease Control and Prevention (CDC), drunk driving results in the loss of approximately 29 lives every day in the United States. Drunken driving also costs American taxpayers about $44 billion every year and accounts for about 28% of all traffic-related deaths in the country. The best thing you can do as a driver to curb these statistics is to refrain from driving under the influence. You can also help prevent DUI-related accidents by knowing how to spot a drunk driver and what steps to take when you do.

Spotting a Drunk Driver

While you are more likely to encounter a drunk driver at night or over the weekend, the reality is that drunk drivers could be on the road at any time. Some of the warning signs of a drunk driver include:

  • Driving well below the speed limit or excessively speeding
  • Erratic maneuvers like swerving, sudden lane changes, or jerky steering motions
  • Sudden braking
  • Quick acceleration from a red light or stop sign
  • Driving without headlights at night
  • Running through stop signs or red lights
  • Swerving onto the shoulder or into opposing lanes

This is not an exhaustive list. It is vital for all drivers to be aware of vehicles displaying these or other worrying signs. If you notice a driver who appears to be intoxicated, it’s better to err on the side of caution and report the driver.

Reporting a Drunk Driver

A drunk driver on the road is an immediate hazard to everyone around him or her. You must call 911 to report a drunk driver as soon as it is safe to do so. You may also want to give your local police department a call to confirm its policy for reporting drunk drivers. Some areas offer tip lines for drivers to report unsafe behaviors while other local laws may require you to contact the police at their non-emergency number. However, if a drunk driver presents an immediate threat or causes an accident in front of you, call 911. If the drunk driver causes an accident resulting in severe injury or fatality a drunk driving accident attorney in Dallas can help get the victim and family compensation they deserve.
There are a few things to note about the car before calling, and you should pull over or park somewhere legal and safe to do so. Try to obtain the following information about the suspected drunk driver before calling the police:

  • The car’s color, make, and model
  • The license plate number
  • A description of the driver, if possible
  • The direction in which the driver was travelling
  • Notable landmarks or intersections near where you last saw the suspected drunk driver
  • A description of the driver’s behaviors

Once you provide the police with this information, a dispatcher will notify the patrolling officers in the area to keep an eye out for the suspected drunk driver. While it’s difficult to determine how often concerned citizens’ calls lead to arrests, it’s safe to say that many law enforcement officers throughout the country have successfully stopped drunk drivers before they hurt themselves or others thanks to the reports of other concerned drivers.

When a Drunk Driver Hits You

A drunk driver is highly likely to cause a serious accident, potentially injuring him or herself as well as others. Alcohol impairs judgment, makes it difficult to determine speed and distance, and hinders reaction time. Many DUI-related crashes happen at high speeds, resulting in death or serious injuries to those involved.
If a drunk driver hits you on the road, you’ll need to call 911 immediately to report the crash. The at-fault driver will face criminal charges for DUI, and you can recover compensation for your damages through a civil action against the at-fault driver. If you or a loved one recently suffered injuries and property damage due to a drunk driver, contact an experienced personal injury attorney to discuss your options for legal recourse.

Posted by Aaron Herbert at 3:48 pm

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 77

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 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 79

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

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 81

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

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.

Damages

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.

Similarities

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.

Differences

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

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

Who Is at Fault for a Yellow Light Car Accident in Texas?

Monday, August 9, 2021

Car accidents are one of the main causes of serious injuries and deaths in Texas. Some of the most devastating vehicle collisions take place at intersections. At an intersection, it is a driver’s legal responsibility to pay attention to and obey traffic control signals. If you were injured in an accident at an intersection while you or another driver had a yellow light, fault can be difficult to determine. You may need assistance from a Dallas car accident attorney.
 

Who Is at Fault for a Yellow Light Car Accident in Texas? 84

What Are a Driver’s Responsibilities at a Yellow Light in Texas?

If a traffic light is red, drivers must stop. A yellow light is a warning that a red light is coming. Its purpose is to give drivers enough time to stop before the red light appears. However, many drivers take it to mean the opposite – they use the yellow light as a chance to speed up and “beat” the red light. This dangerous practice can lead to a driver unintentionally running a red light and causing a catastrophic high-speed accident.
According to Texas Transportation Code Section 544.007, a driver must take a steady yellow light to mean that the green signal is ending and a red signal is to be given. This means that the driver should let off the gas or gently apply the brakes to come to a complete stop by the time the signal shows a red light. The driver should only continue to pass through the yellow light if he or she has plenty of time to make it through the intersection before the light turns red.

Who Is Liable?

Fault for a yellow light car accident in Texas will depend on the circumstances of the collision. If a driver should have slowed down at a yellow light to have time to stop before it turned red, the driver could be financially responsible (liable) for an accident caused by running the red. If, however, the driver still had plenty of time to make it through the intersection at a yellow light and another driver preemptively ran a red light, the other driver would be at fault.
It is also against the law for a driver to make a left-hand turn in front of an oncoming driver. Even if the light has turned yellow, the driver making the left-hand turn must yield to oncoming traffic rather than assuming an oncoming driver will stop. Cutting off an oncoming car could make the turning driver liable for a collision. However, if the driver turning left had a green turn arrow and an oncoming driver ran a red light, the oncoming driver would be liable.

How to Prove Another Driver’s Fault for a Yellow Light Car Accident

If you get injured in a side-impact crash, head-on collision, rear-end collision, or pedestrian or bicycle accident at a yellow light in Dallas, consult with a car accident attorney for assistance proving fault. A lawyer will understand Texas’ traffic laws, as well as who had the legal obligation to come to a stop at the intersection. If another driver ran a red light, failed to proceed through an intersection with caution, was driving drunk or was guilty of another reckless act, that driver is most likely responsible for a related car accident.
An attorney can help you prove that the other driver is at fault by collecting evidence such as an accident report and eyewitness statements. Then, your lawyer can negotiate with the other driver’s insurance company for maximum financial compensation on your behalf. If you passed through an intersection at a yellow light, your lawyer can help you refute the fault for the accident or settle your claim using the comparative negligence law.
A lawyer can help you understand your rights and options after any type of intersection or yellow-light crash in Dallas. Speak to a car accident attorney today for assistance with your specific car accident case.

Posted by Aaron Herbert at 12:46 pm

What to Do After Hitting an Illegally Parked Car in Dallas

Thursday, August 5, 2021

Parking illegally in Dallas can increase the risk of a car accident, as it may place the vehicle in an unsafe or problematic position. If you strike a vehicle that was parked illegally, you and the owner of the other car may share fault. Take the following steps after striking an illegally parked car in Texas to increase your odds of holding the other driver accountable.
 

What to Do After Hitting an Illegally Parked Car in Dallas 86

Report the Crash

Although most collisions involving parked cars are not serious enough to require reporting to the police, you are legally obligated to call 911 as soon as possible if your car accident causes injuries, deaths or more than $1,000 in apparent property damage. If you struck an illegally parked car with enough velocity to meet these parameters, Texas law requires you to call the police right away to report the car accident.

Try to Locate the Owner

Texas Transportation Code Title 7, Section 550.024 states that upon striking an unattended vehicle, the driver of a car must immediately stop, locate the owner of the unattended vehicle and exchange contact information (name and address). If the illegally parked car is unattended, it is your legal responsibility to make a good-faith attempt to locate the owner. This may mean asking around in nearby stores to try to locate the owner.

Leave a Note in a Conspicuous Place

If you try your best but cannot find the owner of the illegally parked car, you can still fulfill your driver responsibilities by leaving a written notice in a conspicuous place on the unattended vehicle or securely attaching it to the car. This note should have your name, address and a brief description of how the collision happened. That way, the driver will have a way of contacting you when he or she returns.

Take Photographs

Before you leave the scene of the car accident, take photographs of the site and the damage to both vehicles. Photographs and video footage can provide strong evidence for your injury or property damage claim later.
Use your smartphone or a camera to document the scene in detail. Turn on the date feature to prove the time and date of the collision. Take photographs of the damage to both vehicles up close, as well as wider shots of the entire crash scene. Be sure to document the fact that the other car was parked illegally, such as pictures of a No Parking sign.

Collect Other Evidence

It is wise to gather any other available forms of evidence, as well. The more evidence you collect, the stronger your case against the other driver will be. If the collision took place in a business district of Dallas, go to nearby businesses and ask if they have surveillance cameras that may have caught the crash on tape. If anyone witnessed the collision, ask for their contact information so that you can collect eyewitness statements. If you were injured in the crash, go to a hospital in Dallas right away and request copies of your medical records. Finally, if you called the police, ask for your police report number.

Call Your Insurance Company

When you are ready, call your own auto insurance company to file an initial report of the crash. Most insurance companies require immediate reporting, so do not delay. Do not admit fault for the car accident during your conversation with an insurance claims adjuster and do not sign anything given to you by the insurance company. Your insurance company may try to devalue your claim or blame you for the collision. Instead of accepting a fast settlement that may not adequately cover your injuries and losses, contact a car accident lawyer in Dallas to discuss your rights.

Consult With an Attorney

A car accident attorney can help you prove that the other driver is at least partially to blame for the accident for parking illegally. Texas is a comparative negligence state, meaning that both you and the owner of the illegally parked car could share fault or liability for the accident. However, your percentage of fault will reduce the amount of financial recovery that you can receive for your medical bills and property damage. An experienced car accident lawyer in Dallas can help you prove your case to maximize your financial outcome.

Posted by Aaron Herbert at 10:32 am

What to Do After a Test-Drive Accident: Who Is Liable?

Wednesday, August 4, 2021

Test-driving a vehicle is an important part of purchasing a new car. If you get into a collision while test-driving a car, however, the excitement of the buying experience can quickly turn into a nightmare. For the most part, the car dealership will be liable (financially responsible) for accidents that take place during a test drive. If you are clearly at fault for the accident, however, you may be found liable instead.

Stay Calm and Don’t Admit Fault

In the immediate aftermath of the car accident, stay calm and do not make assumptions about who caused the crash. Even if you feel like you caused the accident, do not apologize or admit fault. Absorbing fault for an accident can automatically place liability with you, even before an investigation. If you do not admit fault, on the other hand, an investigation may find another party or factor to be to blame, such as a vehicle defect.

What to Do After a Test-Drive Accident: Who Is Liable? 88

Check for Injuries

Check to see if anyone has been injured in the test-driving accident, including yourself and the dealership employee in the vehicle with you, if there is one. If anyone is injured, call 911 to request an ambulance immediately. You should also report the car accident to the police if it appears to have caused more than $1,000 in property damage or if it involves illegal activity, such as a hit-and-run or drunk driver.

Notify the Dealership

If you were permitted to test drive the vehicle alone, without an employee riding with you, call the dealership to report the crash as soon as you can. Again, do not admit fault for the collision during your conversation with a representative from the dealership. Do not answer any questions about your injuries, either, until you have seen a doctor. Go to a hospital immediately for professional medical care. Request copies of your medical records for later.

Take Photographs

Before you leave the scene of your test-driving accident, take photographs using your smartphone or a camera, if possible. Taking photographs and videos while at the crash scene can provide important evidence during your insurance claim or injury lawsuit later. Take pictures of the entire crash site, including both vehicles and any relevant landmarks. Exchange information with the other driver and write down the names and phone numbers of any eyewitnesses.

Begin the Insurance Process

A car accident while test-driving a vehicle does not have special rules compared to a typical car crash in Texas. The state’s fault-based insurance law still applies, meaning that the driver or person most at fault for causing the collision will be liable for related injuries and expenses. Determining fault for your test-driving car accident, therefore, may take an investigation into who or what caused the crash.
You are expected to take proper care to avoid a crash while test-driving a vehicle. This responsibility involves familiarizing yourself with how the vehicle works and handles before driving. It also involves taking proper care while on the road, such as obeying all traffic laws and paying attention to other drivers.
If you fail to meet any of these requirements, you may be held liable for the accident, meaning your auto insurance company will pay for property repairs and injuries suffered. If, however, another driver caused your test-driving accident, his or her auto insurance company will cover damages. In addition, car dealerships carry fleet insurance policies on their lots. This insurance will generally cover collisions involving fleet vehicles unless you are clearly at fault.

Consult With a Car Accident Attorney

For the most part, you will take all of the same steps after a test-drive accident as you would after a standard automobile accident in Dallas. Your insurance claim may involve special issues, however, such as the dealership’s insurance company refuting liability. If you need assistance recovering fair financial compensation for the losses you suffered in a test-drive accident, consult with a car accident lawyer in Dallas as soon as possible.

Posted by Aaron Herbert at 10:29 am

What Happens When a Medical Condition Causes a Car Accident?

Tuesday, August 3, 2021

Texas is a fault-based car insurance state, meaning that you must determine who is at fault for your car accident before filing an insurance claim. If another driver broke a roadway rule and caused an accident, his or her fault may seem apparent. If a medical condition caused the crash, however, such as a seizure or heart attack, fault is more difficult to assign. You may need a Dallas car accident attorney to help you establish fault during this type of case.

Did the Driver Have Knowledge of the Condition?

Liability for a car accident caused by a medical condition comes down to one main question: did the driver know about the medical condition? If the answer is yes, then he or she had constructive knowledge of the potential for a car accident and can be held liable for the collision. If the answer is no, the driver may be able to use the sudden medical emergency defense to avoid liability. This defense states that the driver had no knowledge of or reason to know about an undiagnosed medical condition and that the dangerous event was completely unforeseeable.

What Is the Sudden Medical Emergency Defense?

With the sudden medical emergency defense, the driver may be able to avoid liability for your car accident entirely. This means you will lose that driver’s insurance as an option for coverage for your medical bills and property repairs. In this scenario, you would need to rely on your own auto insurance policy for reimbursement instead.
The other driver will need to prove the sudden medical emergency defense to establish that the loss of consciousness or capacity occurred without any warning while driving. The other driver (or his or her attorney) will also need to show that the medical emergency made it impossible for the defendant to pull over in a safe location before the collision. This will require an in-depth understanding of the medical condition.
If there is evidence that the driver knew about the medical condition that caused the car accident, such as an official diagnosis of diabetes, a heart condition or epilepsy from a physician in the driver’s medical records, the driver may be unable to use the sudden medical emergency defense because he or she reasonably should have foreseen the dangerous event.
In this case, the driver could still be financially responsible for the car accident despite the medical emergency because he or she should have known not to drive. Another form of proof that the condition was pre-existing is a restriction on the person’s driver’s license, such as being prohibited to drive at night due to poor eyesight. If the other driver was ignoring his or her license restrictions, this is evidence of fault.

Was the Driver on Medication?

If an investigation finds that the car accident was caused by the side effects of a medication that the other driver was taking for a medical condition, the driver could be at fault for the collision. All prescription and over-the-counter medications come with lists of potential side effects.
If the driver reasonably should have known that a medication that he or she was taking could lead to side effects that make it dangerous to operate heavy machinery, such as drowsiness, dizziness or confusion, the driver will be legally responsible for a related crash. It is a driver’s responsibility to understand the drugs he or she is taking and to avoid driving at dangerous times.

When to Contact a Car Accident Attorney

If you have been injured in a car accident involving a driver who experienced a medical emergency behind the wheel, contact an attorney for legal advice right away. An attorney may recommend legal representation in a case involving a complication such as a medical condition, medications or the sudden medical emergency defense. You may need a lawyer’s help to prove that the other driver is liable for your losses.

Posted by Aaron Herbert at 11:10 am

The Difference Between Negligent and Reckless Driving

Thursday, July 29, 2021

A driver has a responsibility to operate a motor vehicle safely and prudently. This means in accordance with traffic laws and local roadway rules. Unfortunately, many drivers endanger the lives of others by behaving negligently or recklessly behind the wheel. Negligence and recklessness are two different things that can result in different outcomes for your car accident lawsuit. Knowing the difference can help you understand your legal rights.

What Is Negligent Driving?

Negligence is the failure to use an acceptable or appropriate amount of care, resulting in harm or injury to others. If a driver is negligent, it means he or she is operating a vehicle without using reasonable care. Negligence does not necessarily mean an intentional wrongdoing or error; it can be a careless or unintentional mistake, as well. The main elements of negligence are that someone owed another person a duty of care and breached this duty.
Examples of driver negligence include:

  • Failing to yield to another driver or pedestrian
  • Falling asleep behind the wheel
  • Turning or changing lanes without a blinker
  • Merging on top of another driver
  • Failing to pay attention to the road

It is possible to hold a driver liable (financially responsible) even if the driver did not intend to make a mistake. Texas is a fault-based insurance state, meaning that the driver or party at fault for causing a car accident will be liable. If driver negligence causes a car accident, therefore, the driver’s auto insurance policy will pay for damages, or a victim’s financial losses.

The Difference Between Negligent and Reckless Driving 90

What Is Reckless Driving?

Reckless driving occurs when a driver displays a blatant or wanton disregard for the safety of others. Reckless driving means that a driver knows (or reasonably should know) that his or her actions are dangerous and could put others at risk, but does them anyway. A reckless driver takes unnecessary risks behind the wheel when the chances of a collision or injuries are high. Many different types of reckless driving can lead to serious car accidents, including:

  • Driving under the influence of drugs or alcohol
  • Speeding or racing
  • Weaving in and out of traffic
  • Texting and driving
  • Tailgating
  • Road-rage driving
  • Driving without headlights
  • Running red lights or stop signs

Reckless driving is a crime in Texas. It is a misdemeanor offense that can result in a fine of up to $200 and/or 30 days in jail. It is also a civil tort, or wrongdoing, This can make the reckless driver civilly liable for the wreck. If you believe that the driver that crashed into you was guilty of reckless driving, call the police. The police can investigate the wreck and may issue a citation against the other driver for reckless driving. You can use the ticket as evidence against the driver later.

How Reckless vs. Negligent Driving Can Affect Your Car Accident Case

As the victim of a car accident caused by another driver in Texas, you may be eligible for financial compensation if the driver was negligent or reckless. The amount of compensation available may change depending on the driver’s behaviors. In Texas, if a driver’s actions reach the level of recklessness, a judge may decide to award the plaintiff with punitive damages in addition to compensatory damages.
Punitive damages are an award given to a plaintiff as a way of punishing the defendant for particularly wrongful acts. If a reckless driver caused your car accident in Dallas, therefore, you may be eligible for greater financial compensation than if the driver only reached the level of negligence. In either case, however, you may be able to recover compensation for your property repairs, hospital bills, lost wages and other losses.
If you were injured in a car accident caused by another driver, work with an attorney to determine if that driver was negligent or reckless. A Dallas car accident attorney can investigate your crash, help you determine fault and pursue maximum financial compensation on your behalf.

Posted by Aaron Herbert at 3:28 pm

Can a Car Accident Cause a Degenerative Disk?

Monday, July 26, 2021

While you may be aware of the immediate injuries that a car accident can cause, such as broken bones or a concussion, you may not think about the long-term ramifications of being involved in a collision. The trauma inflicted on the body in a motor vehicle collision can lead to chronic pain and many long-lasting conditions. It can also exacerbate existing conditions, including degenerative disk disease. Although a car accident cannot cause degenerative disk disease, it can make this condition worse.

What Is Degenerative Disk Disease?

Despite its name, degenerative disk disease is not actually a disease, but a condition that occurs naturally with age. The spinal cord disks are the round, soft disks that sit between individual vertebrae in the spinal cord. They are soft on the inside and harder on the outside, similar to a jelly donut.
Over the years, wear and tear on a spinal disk can lead to degenerative disk disease – a condition that can cause chronic pain, shooting pains in the arms or legs, numbness, and weakness. Most patients with degenerative disk disease experience moderate chronic pain with episodes of more severe acute pain. Disk degeneration can progress over time, but the symptoms typically do not get worse unless something exacerbates the disease, such as a car accident.

How Can a Car Accident Exacerbate Degenerative Disk Disease?

A car accident exerts significant forces on the occupants of a motor vehicle. These forces can injure any part of the body, causing serious injuries. Injuries to the back and spine are common. The forces of the collision can cause the spinal cord to jerk violently back and forth, potentially injuring the spinal disks. The forces of the crash can herniate the disks, or pull them out of their proper alignment, or cause disks to rupture.
If the victim of a car accident already had degenerative disk disease, the forces of the collision can be especially painful and physically debilitating. The spinal disks may already be weakened, degraded or misaligned due to disk degeneration. The forces of the crash can then cause further damage, making pain, herniation, numbness and other symptoms of a back injury even worse for the victim.

How to Prove Disk Degeneration and Related Pain in a Car Accident Lawsuit

If you believe that your recent car accident exacerbated a degenerative disk or caused other back injuries, you will need to prove your case based on a preponderance of the evidence. This is clear and compelling evidence that convinces an insurance company, judge or jury that the defendant is more likely than not responsible for the injuries you are claiming. It can be difficult to prove injuries and pain related to degenerative disk disease, however, as an insurance company may argue that it was a pre-existing condition.
Although you cannot recover financial compensation from another driver for a pre-existing injury in Texas, you can recover a financial award for the amount by which the car accident exacerbated an injury or condition that you already had. If the collision made your degenerative disk disease worse or more painful, you may be eligible for financial compensation for the difference between how you felt before the crash and how you feel now. It will be up to you or your car accident attorney in Dallas, however, to prove that the collision worsened the symptoms of degenerative disk disease.
Proving your spinal cord injury claim will require evidence such as spinal x-rays, medical records, expert testimony and a letter from your physician. You will need evidence that clearly shows that the car accident had a negative impact on your spinal disks. If you were previously diagnosed with degenerative disk disease, you may need additional medical records proving that the car accident exacerbated the condition. A car accident attorney can help you gather evidence, prove your injury and fight for maximum financial compensation from an insurance company.

Posted by Aaron Herbert at 2:59 pm

How Do You Calculate Loss of Enjoyment of Life in a Personal Injury Case?

Tuesday, June 15, 2021

A serious accident can affect your life in many ways. The physical and emotional trauma you suffer in an accident can interfere with every aspect of your life, including your ability to enjoy the things that you used to. If an accident in Dallas caused a loss of enjoyment or quality of life, such as by interfering with your ability to play with your children or engage in favorite hobbies, you may be eligible for financial compensation for this loss in a personal injury case.

How Do You Calculate Loss of Enjoyment of Life in a Personal Injury Case? 93

What Is Loss of Enjoyment of Life?

In personal injury law, loss of enjoyment of life refers to a diminishment of your enjoyment of daily tasks, experiences or hobbies due to your accident or the related injuries that you suffered. If you sustained a permanent disability in a car accident in Dallas, for example, and can no longer do your job, perform household services, participate in favorite activities or spend quality time with your family, you may qualify for financial compensation for lost enjoyment of life.

How Is This Loss Calculated?

Calculating a noneconomic loss such as lost enjoyment of life can be difficult, as you do not have hard evidence to rely on for a numerical amount, such as medical bills. Rather than using bills and receipts, an insurance company, judge or jury will analyze factors that are unique to you to calculate an appropriate amount of financial damages for the loss of your enjoyment of life.
Several of these factors include:

  • The gravity of your injuries
  • How your injuries will impact you in the foreseeable future
  • If you have permanent scarring, disfigurement or disability
  • The nature of the activity that you can no longer enjoy
  • Your age and overall health
  • Your educational background and work history
  • Where you live

Financial compensation for the loss of enjoyment of life is included under the damage category of pain and suffering. Pain and suffering in Texas is calculated by analyzing how significantly the injury impacted the victim and will continue to alter the victim’s life. A jury can use a few different calculation methods – or no method at all – to determine a fair amount in financial compensation for pain and suffering.

How Can You Prove Loss of Enjoyment of Life?

Before you can receive financial compensation for reduced enjoyment or quality of life, you or your personal injury lawyer in Dallas must prove your inability to do certain things that you could do prior to the accident. You must show that these activities are now not possible or less enjoyable for you due to pain, immobility, emotional distress, or other factors that stem from your accident or injury.
Some ways in which you may be able to prove lost enjoyment of life include:

  • Using your medical records to prove the severe or catastrophic nature of your injury, scars, disfigurement or disability.
  • Seeing a psychologist or psychiatrist about your feelings and requesting copies of these medical records.
  • Obtaining an official medical diagnosis for a mental health condition, such as depression, anxiety or post-traumatic stress disorder.
  • Keeping an injury journal where you document how the accident has negatively impacted your life.
  • Asking your friends and loved ones to give statements attesting to the fact that you can no longer enjoy your favorite hobbies and activities.
  • Taking the stand yourself to answer questions about what your life was like before the accident vs. what it is like now.
  • Hiring subject-matter experts to testify on your behalf, including doctors and mental health professionals.

You do not have to prove your injury claim on your own. You have the right to hire an attorney to represent you during your case. An attorney will have the knowledge and experience you need to prove intangible losses such as lost enjoyment of life, pain and suffering, and emotional distress. From gathering statements from witnesses to hiring experts, your lawyer can take many steps to strengthen your claim of loss of enjoyment of life.

Posted by Aaron Herbert at 1:10 pm

Dos and Don’ts When You Witness an Accident

Tuesday, June 8, 2021

Knowing what to do after witnessing a car accident can be confusing. But in an accident’s aftermath, identifying several important “dos and don’ts” will help you keep calm, cool, and collected.

While the way you respond to seeing a car accident will depend on the crash’s severity and whether anyone has suffered injuries, the following are helpful guidelines to keep in mind. 

What to do When You Witness an Accident

Car Accident Witness Responsibilities

Here are five steps to take following an accident.

One— Make Sure You Are in a Safe Place

If you are a pedestrian, you must stay in pedestrian areas like sidewalks. Even medians and shoulders can be dangerous if traffic continues to pass by.

If you are a driver, pull your vehicle to the side of the road, at least 100 feet from the scene, and ensure rescue vehicles have room to navigate.

Turn on your flashers or distribute hazard markers and stay a safe distance from the scene unless you are rendering aid to victims.

If you are a driver and the accident is severe enough that the airbags deploy and the vehicle sustains substantial damage, cautiously exit the car to ascertain if you are injured and whether you can move your vehicle.

If your car engine generates smoke, odd smells, or fluids, leave the car and step away to a safe location.

Two—Call 911

If you are the first to the scene and are not sure if someone else has already called the police, dial 911 and report the accident.

Even if you are unsure of the extent of the injuries of the parties involved, if vehicle damage has taken place, the police will make a report. Give as much detail as you can regarding your location and the nature of the accident.

Three— Check on the Victims

When an eyewitness to an auto accident, if it’s safe to approach the accident scene, check on the crash victims to make sure they are okay.

Offer to help if you are able. But unless the vehicle is in danger of catching fire, do not move an injured person. Moving an injured victim can accidentally make their injuries worse.

Instead, provide comfort by reassuring injury victims that medical help is on the way.

If you were in a car accident, seek medical attention as soon as possible, even if you feel okay. Some injuries take a while to present, and your peace of mind is worth making the trip to the doctor’s office.

If a driver, witness, police officer, or insurance adjuster tries to ask how you feel after the accident, do not answer before receiving a professional diagnosis. Instead, just say you’re unsure.

Four— Give a Statement and Provide Your Contact Information

As an eyewitness to an accident, you are in a unique position to help those involved by describing what you saw.

While the law does not obligate you to stay at the scene or give a statement, telling the police or the drivers involved in the crash what you saw could help clear up questions of liability and fault. Do not be nervous about giving a statement.

Simply describe what you saw. If you are willing to give your name, contact information, and a statement about the accident, injured victims may be able to use this during a personal injury claim to help them prove liability.

The information you have about the accident could be critical for investigators to piece together what happened.

Five—Cooperate with the Police

If you have chosen to stop and witnessed the accident itself, provide every detail you can to the police. Stay on the scene until your statement is complete and the police have released you to continue traveling.

Other Important Dos and Don’ts When You Witness an Accident

Aside from the five steps covered above, the following advice will help you protect your rights.

Things You Should Not Do at an Accident Scene

  • DON’T feel like you must stop. The law does not require you to stop at the scene of an accident. However, most people feel it is the right thing to do. If you are one of the first people to the scene of an accident, your assistance could be imperative for victims.
  • DON’T rush into the scene. Sometimes, your assistance will be helpful, but make sure you are not in danger of injury yourself due to broken glass and sharp metal. If you choose to enter the scene and render aid to victims, do so cautiously.
  • DON’T offer medical assistance unless necessary. Unless it is an emergency or a person’s well-being depends on it, Iit is best to wait for emergency personnel to arrive on the scene. You may accidentally make things worse for the victim if you move him or her the incorrect way. It often takes only a matter of minutes for EMTs to arrive, and most first aid situations can wait.
  • DON’T fear liability. In the event that the help has not arrived and someone is in urgent need of first aid you know you can handle, Texas has Good Samaritan laws in place. As long as you are rendering emergency aid in good faith, you are not likely to be liable for civil damages.
  • DON’T allow a driver to leave the scene without exchanging information. You do not need to physically restrain a driver – see the above note about keeping yourself safe – but it is good practice to jot down identifying characteristics and license plate numbers. If an at-fault driver attempts to leave the scene, you can remind them of the consequences of doing so and record their vehicle and license plate description.
  • DON’T speculate about fault if you are not sure who caused the accident. If you do decide to give a statement to someone at the scene of the accident, stick only to the facts as you know them. If you do not have the answer to a question, say so. Do not feel pressured to answer every question asked. Do not make guesses as to what happened or who is to blame. Answer the questions asked honestly and as completely as possible.
  • DON’T ignore a subpoena. A subpoena is a judge-issued document ordering you to appear in court. If an attorney needs you to testify about what you witnessed, he or she may subpoena you as a witness. Do not ignore a court subpoena. This is against the law and could lead to you being held in contempt of court. If this happens, you may face penalties such as fines and even jail time for ignoring the court’s requests.

Things You Should Do at an Accident Scene

  • DO offer other forms of assistance. Perhaps victims could use a kind word, a cell phone to call relatives or insurance companies, or a paper and pen to exchange information. Offer what you feel you would need if in the shoes of the victims.
  • DO pay special attention if it was a hit-and-run accident. If the accident you witnessed was a hit-and-run, your input as a witness can be even more vital. You might have seen something that enables police officers to find the culprit, such as the make or model of the at-fault driver’s vehicle, or a partial license plate number. Write down everything you can remember as soon as possible, while it is still fresh in your mind. Stay at the scene to speak to the police about what you saw. Offering your assistance to a hit-and-run victim by calling 911 and requesting an ambulance could also be important since the other driver did not stick around to do so.
  • DO exercise caution. Accident scenes are often tense situations. Property damage has occurred, and tempers and emotions can run high. While the presence of a witness may help keep emotions in check, be careful when inserting yourself into the situation. Keep your own safety in mind, primarily.
  • DO prepare to go to trial, if necessary. Agreeing to give a statement as an eyewitness could mean going to court if the accident victim’s case ends up at trial. While this is unlikely, prepare for this as a possibility if you give victims or the police your contact information. Witness testimony can be invaluable during a car accident case.
  • DO ask for help from an attorney. Staying and helping out at the scene of an accident in Texas is an honorable and brave thing to do. Do not be afraid to intervene and render assistance to those in need. If you end up getting involved in a personal injury lawsuit, turn to a lawyer for help with the legal process.

To Learn More, Speak To A Dallas Car Accident Attorney

Overall, many people choose to stop and help when they witness a car accident.

Keeping these tips in mind can help ensure you are doing what you can for the victims and police while keeping yourself safe from harm.

You are not necessarily a medical professional, a mechanic, or a police officer, but Good Samaritans can provide some help and may even save a life.

Just remember your own limitations and leave the tough work to the emergency personnel. To learn more speak to a Dallas car accident lawyer.

Posted by Aaron Herbert at 3:26 pm

Do I Need an Independent Medical Exam After an Accident in Dallas?

Monday, May 31, 2021

Settling an accident claim in Texas requires many different steps and actions on your part as an injured victim. One of these requirements may be an independent medical exam, or IME. An IME is a medical examination that is separate from the one conducted by your primary care physician or an emergency room after an accident. It is performed by a physician that is supposed to be neutral, to provide the insurance company with an unbiased medical opinion about your condition.

Do I Need an Independent Medical Exam After an Accident in Dallas? 97

What Is an Independent Medical Exam?

The independent medical exam is conducted by a physician who is certified as an independent medical examiner. The alleged purpose of the IME is to give the insurance company an impartial medical opinion on your condition. It serves to confirm the validity of the injury claimed and to prevent insurance fraud. The real goal, however, is often to refute a client’s medical claims and save the insurance company money.
The insurance company will typically provide a list of doctors in Dallas to choose from for an IME, or may give you the name of one specific independent medical examiner to visit. Although the IME is supposed to be performed by an unbiased third-party physician, there are often underlying business connections between the doctor and the insurance company.
For this reason, it is important to contact a personal injury lawyer in Dallas if an insurance company makes a request for an independent medical exam. The request is only valid in cases where there is good cause for the IME, such as disputes over the victim’s medical condition. A lawyer can check the validity of the request and advise you on how to respond.

Do You Have to Submit to an Independent Medical Exam?

In general, you must submit to an independent medical exam if one is requested by an insurance company. Read the language of your insurance policy to see if you agreed to submit to an IME as part of your contract. If so, the only way to refuse an IME is to show proof that admitting to one would be an undue burden, such as taking you out of work or giving you hefty travel costs. A lawyer may also be able to get you out of an IME if the circumstances of your case do not warrant one.

What to Expect During an IME

During an independent medical exam, the doctor will ask you how your injury took place, as well as obtain information about your relevant medical history. The doctor will also ask about your current course of treatment. Then, you may be subjected to physical exams and tests, such as x-rays. The insurance company will pay for the IME. You may be required to submit to more than one independent medical exam, at the cost of the insurance company, if the results of the initial appointment are inconclusive.
Do not fear the independent medical exam. It is very similar to a typical doctor’s appointment, with a focus on the injuries and treatments related to the accident involved in your insurance claim. With a lawyer in your corner, you will know exactly what to expect. Your lawyer can provide guidance and frame your legal strategy so that the results of an IME will affect your injury claim as little as possible.
The outcome of an independent medical exam may be disputed in court, depending on the circumstances. IMEs are rarely objective and may be based on kickbacks the doctor receives from the insurance company. Your lawyer can investigate the validity of your IME, as well as help you move forward with an injury claim for the best possible results. For more information about independent medical exams, contact a personal injury lawyer in Dallas today.

Posted by Aaron Herbert at 3:02 pm

What Compensation Can I Recover for a No-Injury Car Accident?

Monday, May 31, 2021
In Texas, if another driver causes your car accident, his or her car insurance company will have to pay for your losses. This includes your medical bills, property repairs, pain and suffering, and lost wages from missed work. If you do not have any injuries from the collision, you could still be eligible for financial compensation for your other losses.

Vehicle Repairs or Replacement

Every driver in Texas must purchase at least $25,000 in property damage liability insurance. This type of auto insurance will pay for the repairs your vehicle requires, up to the policy’s maximum. If the car accident totaled your vehicle, meaning the cost of repairs is more than the total value of the car, the other driver’s insurance company will be responsible for reimbursing you for the full pre-crash market value of the vehicle. The other driver’s insurance will also pay if you had to rent a car while yours was in the shop.

Lost Wages

If the car accident took you out of work, such as for a medical evaluation or to deal with your wrecked car, you can list lost wages as part of your claim. List the amount you would have received at your job had the car accident not interfered with your ability to work. Although your lost wages may not be as significant as they would be if you had been injured, you can still report missed earnings, employment benefits or opportunities. You can also seek financial compensation for any sick days or vacation days you had to use because of the car accident.

Pain and Suffering

Pain and suffering is a broad damage category that encompasses many different types of noneconomic or intangible losses. These include mental anguish, emotional distress, and physical pain and suffering you endured because of the car accident. It can also include lost quality of life, lost enjoyment of life and psychiatric issues such as post-traumatic stress disorder. If you lost a loved one in a car accident, you may also be eligible for compensation for your grief and loss of consortium. Even if you were not physically injured, if the car accident caused any noneconomic damage, the other driver may owe you compensation.

Who Is Responsible?

The person or party responsible for paying for your losses during a no-injury car accident claim depends on many factors, including the laws in your state and the cause of the crash. Texas is a fault state, meaning the insurance system holds the driver or party at fault for causing the crash financially responsible for related losses. It will be up to you or your car accident lawyer to determine and prove fault during your car accident claim. Most car accident cases in San Antonio name another driver as the at-fault party or defendant. The other driver could be responsible for paying for your related bills if he or she was careless, reckless or distracted and this caused the collision. The defendant could also be the manufacturer of your vehicle if a part defect caused the crash, or the government if a roadway hazard was to blame. A lawyer can help you determine and prove fault for your collision.

How Much Is Your Case Worth?

Although the value of your car accident case will be reduced if you have no physical injuries, the law may still entitle you to financial compensation for the losses you did suffer. The value of your case will depend on factors such as the value of your vehicle, the extent of your damage, your income level, the number of days you had to take off of work and the car insurance that is available. For an accurate evaluation of the value of your car accident case, contact an attorney in San Antonio for a free consultation. An attorney will provide an in-depth evaluation to estimate the worth of your no-injury claim. Then, if your case would benefit from legal representation, a lawyer can help you fight for fair financial compensation from an insurance company.
Posted by at 1:28 pm

Most Common Back Injuries From Car Accidents in San Antonio

Friday, May 28, 2021
A car accident can have serious physical repercussions on the occupants of the vehicle. The mechanics of a car crash can injure vital parts of the body, such as the brain and spinal cord. A back or spine injury from a car accident can cause many symptoms that interfere with a victim’s quality of life. If you or a loved one suffers any type of back injury in a San Antonio car accident, consult with a spinal cord injury attorney for legal help.

Herniated or Slipped Disk

Spinal cord disks are round, rubbery disks that sit between the vertebrae of the spine. They have tough exteriors and soft, jelly-like interiors. They act as shock absorbers to protect the bones of the spine. In a car accident, a victim can suffer a slipped disk, meaning a disk has moved from its correct place in the spine. A ruptured disk is an injury where the exterior of the disk ruptures and the interior leaks out. Discogenic pain is another type of spinal disk injury that can occur in an auto accident. This refers to shooting pains that can occur at random. These pains may occur in a single damaged disk or radiate throughout the body (sciatica). Common associated symptoms include pain in the arms or legs, numbness or tingling, and general weakness in the limbs.

Facet Joint Injury

Facet joints in the spinal cord are what connect each vertebra in the spine. These joints are where nerve roots pass to connect the spinal cord to other parts of the body. They are also responsible for the bending and flexing movements of the spine. If a facet joint sustains an injury in a car accident, it can lead to significant pain and discomfort. Facet joint injuries can lead to painful muscle spasms, with no known cure. Therapeutic massage may help manage facet joint pain.

Whiplash

The neck is an extension of the spinal cord. It contains the top seven vertebrae of the spine (the cervical spine). The most common neck injury suffered in car accidents is whiplash. Whiplash is a soft-tissue injury that can refer to stretching, straining or tearing of the muscles in the neck. It can lead to pain that radiates down the shoulders and arms, as well as headaches and loss of mobility. Most victims make full recoveries from whiplash, but it may take several weeks to heal.

Chronic Pain

Chronic pain is pain in any part of the body that is consistent, meaning it persists for long periods of time. Chronic back pain can be debilitating, getting in the way of the victim’s ability to perform daily activities, work, play with children and enjoy life. Chronic back pain can result from nerve damage in a car accident. It may be possible to manage pain with medication and other treatments.

Spinal Fractures

A fracture is a cracked or broken bone. A spinal fracture refers to a broken vertebra. This injury can occur in a car accident if the back or spine impacts something, such as the steering column or the force of a seat belt. It can also be a type of crush-related injury, which can cause spinal compression. A spinal fracture can lead to chronic back pain, mobility problems, misalignment and permanent injuries, such as paralysis.

Paralysis (Tetraplegia/Quadriplegia and Paraplegia)

Paralysis is the loss of feeling and function below the point of injury on a spinal cord. It is an irreversible condition with no known cure. There are different types of paralysis according to the parts of the body affected. Tetraplegia (also known as quadriplegia) refers to paralysis in all four limbs and the trunk, often caused by injuries to the top part of the spine. Paraplegia is paralysis in only the lower half of the body. These injuries can be complete or incomplete, depending on whether or not the victim retains any mobility or sensation below the point of injury.
Posted by at 1:25 pm

What Information Should Be Exchanged After a Car Accident in Texas?

Thursday, May 27, 2021

Being involved in a car accident can be alarming and confusing. It can be easy to forget what information you need to exchange with the other driver in the adrenaline of the moment. It is important to exchange certain information, however, to abide by Texas’ state law as well as to protect your right to recover financial compensation for your medical bills and property repairs. In the aftermath of a car accident in Dallas, do your best to exchange the following information.

What Information Should Be Exchanged After a Car Accident in Texas? 99

Names and Contact Information

Texas Transportation Code Section 550.023 states that after striking another motorist or an unattended vehicle, you have a legal obligation to give your name and address to the owner of the other vehicle. You will exchange this information with the other driver(s) involved in the crash, or else you will leave your own information in a note affixed in a conspicuous place on an unattended vehicle after making a reasonable effort to locate the owner. The note should also include a brief description of the accident.

Driver’s Licenses

If requested and available, both drivers should show their driver’s licenses to the other party. You may take a photograph of the other driver’s license, if desired, or write down the driver’s license number. If the other driver does not have a driver’s license or it is not available, call the police to report the infraction, as driving without a license is a traffic violation in Texas. If the other driver does not request to see your license, you do not have to show it.

Vehicle Information

Exchange information about your vehicle with the other driver, as well. This includes a description of the make, model, year and color of the car, as well as the registration number and vehicle identification number (VIN), typically found on the dash of the car or the inside of the driver’s side door. You may also wish to write down the vehicle’s license plate numbers.

Insurance Information

Finally, exchange insurance information with the operator of the other vehicle and anyone else injured in the crash. This includes the name of your motor vehicle liability insurance provider, as well as your policy number. Ask for the other driver’s insurance information before you leave the scene. If you discover that the other driver is uninsured or underinsured, report it to the police.

The Duty to Render Aid

You also have a duty to render aid to anyone injured in the car accident. This means to provide reasonable assistance to anyone injured in the car accident, including calling an ambulance or transporting the person to a hospital for medical treatment, if necessary.
If you leave the scene of a car accident that causes any injuries, deaths or property damage without fulfilling your responsibilities as a driver, you have committed the crime of a hit-and-run. In Texas, this crime can result in expensive fines, jail time and a misdemeanor conviction.

What Else Should You Do After a Car Accident in Dallas?

In Texas, the law requires you to report a car accident to the police if it causes more than $1,000 worth of vehicle damage or any injuries or deaths. Call the police immediately, while still at the scene of the crash. Check yourself and others for injuries. Then, take photographs and videos of the crash scene. Capture close-up shots of any property damage, as well as wide-lens shots of the entire accident scene.
Go directly to a hospital in Dallas after leaving the scene of the crash. Prompt medical care can help you recover from your injuries, as well as show an insurance company that you did your best to mitigate your losses. When you are ready, call your car insurance company to file a report of the crash. Then, contact a car accident attorney in Dallas for a free consultation about your legal rights. You may be eligible for financial compensation from the other driver.

Posted by Aaron Herbert at 11:55 am

What Is an Expert Witness in a Car Accident Case?

Wednesday, May 26, 2021

In a car accident case in Texas, it is up to you (or your attorney) as the injured victim to establish someone else’s fault based on evidence. There are many forms of evidence, including documentation and photographs. One of the most compelling types of evidence, however, is testimony from an expert witness.

What Is an Expert Witness in a Car Accident Case? 101

What Is an Expert Witness? Who Qualifies as an Expert?

An expert witness is someone brought into a car accident or personal injury case to testify using special knowledge of a relevant subject. In an injury claim, for example, a medical expert witness may be necessary to explain the nature of the victim’s injuries to a jury, and how they will most likely impact the victim.
An expert witness is someone with the experience, training and education to be an expert on the subject at hand. Thus, his or her testimony is accepted as an accurate account. There are many different types of expert witnesses who may be called upon to testify in a car accident case, including:

  • Physicians and medical professionals
  • Physical therapy and rehabilitation specialists
  • Psychologists or psychiatrists
  • Car accident reconstructionists
  • Highway safety experts
  • Engineers
  • Economists and financial experts
  • Accountants and forensic accountants

The parameters of who qualifies as an expert witness depend on state and federal rules of evidence. According to federal law, an expert witness is someone qualified to speak on a specialized subject due to his or her knowledge, education, skill, training or on-the-job experience. It is typically someone who currently has a career or is a teacher in the field.

What Is the Role of an Expert Witness in a Car Accident Case?

When hired to testify during a car accident case, an expert witness explains complex matters that the average person would not know to the jury, such as the mechanics of an injury or what happens inside of the cab of a vehicle in a motor vehicle accident. An expert witness will give his or her professional opinion on a matter pertaining to the injury claim, such as the medical probability of the victim making a full recovery or an opinion as to what caused the crash.
An expert can help establish the facts of a car accident case and explain key concepts to a jury in a way that a layperson can understand. Testimony from an expert can provide a logical explanation of who or what caused the car accident, as well as prove your injuries and losses. Whether or not you need to hire an expert witness for your car accident case in Dallas depends on the specific details.

Do You Need an Expert Witness?

A car accident attorney can review your case to determine whether or not it would benefit from testimony from an expert witness. If so, the attorney and law firm will have connections to qualified expert witnesses in Texas who can testify on your behalf. Car accident cases that typically need expert witnesses are those with significant or catastrophic injuries, where the victim has a lot at stake. A minor car accident claim, on the other hand, may not justify the resources spent on hiring an expert witness.

How Much Does an Expert Witness Cost?

Expert witnesses often charge high fees to pay for their time and energy. The exact amount it takes to hire an expert witness depends on the individual expert and the amount of work he or she is expected to perform on your case. Most experts work for an hourly rate. The average hourly fee for a medical expert is $500 per hour. Nonmedical experts typically charge about $250 per hour. There are often different rates for paperwork and reviews compared to testifying in court.
For more information about expert witnesses, and to find out if your car accident case could benefit from hiring one, contact a personal injury lawyer in Dallas today.

Posted by Aaron Herbert at 1:54 pm

How Long Does It Take to Get a Settlement After a Demand Letter Is Sent?

Tuesday, May 25, 2021

A settlement is a check an insurance company gives you to pay for your injuries and losses after an accident, such as a car accident.

By accepting the check, you agree to end the lawsuit and relinquish your right to hold the defendant further liable for the same accident or injury.

Although each case is unique, most follow similar timelines. These timelines can give you an idea of what to expect from your situation.

However, any factors unique to your case can impact how long it will take to get a settlement after you send your demand letter.

How Long Does It Take to Get a Settlement After a Demand Letter Is Sent? 104

What Is the Demand Letter?

The sooner you send your demand letter, the sooner you can initiate the insurance claims process.

The demand letter is the initial letter you or your lawyer send to the insurance company in charge of your claim.

It is the first attempt to resolve a dispute by requesting a specific amount of money to settle the case.

A lawyer can help you draft a succinct and effective demand letter that accurately estimates the value of your claim.

Texas Requirements for How Soon Insurance Companies Must Respond to Claims

If you are reading this, you are probably wondering, How long does it take to get a settlement after a demand letter is sent? There are state laws in place to increase the efficiency of the insurance system and demand letter response time.

These laws include deadlines all insurance companies in Texas must comply with when handling and responding to submitted claims. In Texas, an insurance company must acknowledge a claim within 15 days of its receipt.

This means you will receive an initial letter or email from the insurance company stating that it received your claim or demand letter within two weeks.

Then, the insurance company has the right to request information, documentation and evidence from you to inform its investigation.

You and your attorney can submit all the necessary paperwork together to make sure you don’t miss anything important.

Then, the insurance company has 15 days from the date it receives all of the necessary paperwork to decide whether to accept or reject the claim.

Once an insurance company decides to accept a claim and offer financial benefits, it must mail a settlement check within five business days.

Thus, for the most part, an insurance company in Texas must pay out a claim it accepts within 35 days. However, this timeline can be extended if the insurance company needs more time to conduct its investigation.

In this case, the insurance company may request 45 days to investigate, if it has sufficient grounds to do so, pushing out the personal injury demand letter response time.

Factors That Could Lengthen the Timeline

There is no set timeline that applies to every insurance claim; it varies on a case-by-case basis. Some claims are paid out within one to three months, while others take six months or longer to resolve.

Other cases can take years if they have to go to trial. Factors that can make a settlement take longer include:

  • A liability dispute
  • Multiple defendants
  • The comparative negligence defense
  • Mistakes made on the paperwork
  • Missing information
  • The insurance company handling many claims at once
  • Lengthy settlement negotiations
  • Insurance company bad faith
  • A wrongfully denied claim
  • Your case going to court

The length of time it takes for your insurance claim to settle depends on many different factors that are unique to your case.

It may be possible to speed up your timeline, however, with help from a personal injury lawyer in Dallas.

How Long Does It Take to Negotiate a Settlement?

The settlement negotiation process starts when you file your claim with the other party’s insurance company.

After that, it can take weeks or months of discussion before both parties agree on a settlement number. The length of time a settlement takes usually depends on how complicated your case is.

If, after multiple rounds of negotiations, you and the insurance company have not reached an agreement, your attorney might suggest filing a lawsuit.

Filing a lawsuit may prompt the insurer to finally offer a satisfactory settlement. Unfortunately, if the insurance company does not make an offer and opts instead to go to trial, you will likely have to wait longer for a settlement.

This is because trial dates are often set for six to eight months after parties file a complaint. Keep in mind that even if you file a lawsuit, you can still settle before the trial starts.

What Is the Next Step After a Demand Letter?

Generally, you can expect to receive a settlement check three to six weeks after you sign a settlement release.

If you are working with a lawyer, once you sign the release, the insurance company will process it and issue your lawyer a check.

After your lawyer receives the check, they will deposit it into an escrow account. Once the settlement check clears, your lawyer will use it to pay any money you owe.

For example, a payment might be made to your health insurance company if they paid for medical treatments related to the accident.

After your lawyer pays those expenses, they will deduct their fees based on what you agreed to in the contract you signed when you hired them.

Your lawyer may also deduct other costs, like court and expert witness fees. Once all fees and costs are paid, your lawyer will write you a check and send it to your address, at which time you will be free to deposit it in your bank account.

How to Speed Up Your Settlement

A personal injury lawyer has all the tools, resources and experience to make your insurance claim proceed as quickly and efficiently as possible.

Your lawyer could shorten your timeline by communicating with the insurance company on your behalf. This will prevent common mistakes, such as missing information on the paperwork.

Your lawyer will also ensure that you do not rush into a fast settlement that devalues your injuries and losses.

Hiring a lawyer can shorten a settlement timeline while protecting your legal rights.

Contact The Law Firm of Aaron A. Herbert, P.C.

If you suffered a personal injury because of someone else’s negligence, the Law Firm of Aaron A. Herbert, P.C. can help you fight for the compensation you deserve.

Our experienced personal injury team is not afraid to go to court to pursue your maximum compensation and will use aggressive legal strategies to protect your rights.

We offer one-on-one attention and will take the time to get to know you and the details of your unique case.

Contact us today by phone or online to schedule a free case evaluation.

Posted by Aaron Herbert at 1:52 pm

Determining Fault in a Rear-End Collision

Tuesday, May 25, 2021
A rear-end collision is a common type of car accident in San Antonio. It describes the front of one vehicle striking the rear-end of another vehicle. A rear-end collision can be a low-speed crash, such as in congested traffic, or a high-speed crash, such as in a distracted or drowsy driving accident. Although most people assume the rear driver is to blame for a rear-end collision, fault is not automatic. It may take an in-depth investigation to determine fault.

Typical Rear-End Collision

A typical rear-end collision describes a crash involving only two vehicles: the rear driver (Driver B) and the front driver (Driver A). In this type of crash, Driver B is often – but not always – to blame. All drivers have a responsibility to keep a proper lookout and maintain a safe following distance. Following too closely (tailgating) or failing to pay attention to the road could lead to Driver B striking the rear of Driver A’s vehicle. In this scenario, Driver B will most likely be liable for the damage.

Brake Check Accident

There are situations in which Driver A, the front driver, could be responsible for a rear-end collision in Texas. If the front driver caused or contributed to the crash by brake checking, for example, he or she could be at fault. Brake checking means to slam abruptly on the brakes without reason. If brake checking causes a rear-end car accident, Driver A could be liable. Driver A could also bear liability for a rear-end collision if he or she had a brake light or taillight out and this contributed to the crash. Lack of proper vehicle maintenance could cause a crash by failing to warn Driver B that Driver A is stopping. Although it is still Driver B’s responsibility to keep a proper lookout and hit the brakes before impact, Driver A could absorb partial liability if a broken taillight contributed to the wreck. Finally, Driver A could be responsible for a rear-end car accident caused by a sudden or unsafe lane change. Lane-change accidents are some of the most common types of vehicle collisions in Texas. If Driver A abruptly cuts off Driver B with a dangerous lane change and Driver B could not stop in time to avoid a rear-end collision, Driver A could be liable.

Chain-Reaction Crash

A chain-reaction crash is a collision involving more than two cars. It describes a chain of multiple rear-end collisions: Driver C => Driver B => Driver A. It can be more difficult to determine fault for a chain-reaction accident, as there are more than two drivers involved. In general, the driver who initiated the chain-reaction accident with the first rear-end collision will be responsible for the crash. Without this driver’s mistake, the subsequent rear-end accidents would not have occurred. In the example above, the liable driver would most likely be Driver C, if Driver C struck Driver B, who was then pushed into Driver A. Other drivers may also bear liability, however, depending on the circumstances.

How Can a Car Accident Attorney Help?

A car accident attorney will have experience handling many different types of rear-end collision cases in San Antonio. This will give the attorney knowledge and information about how and why these car accidents take place. An attorney will also have the resources to thoroughly investigate the crash and reconstruct it to determine fault. Finally, an attorney can help you prove another driver’s liability for a rear-end collision in San Antonio through evidence such as expert testimony and eyewitness statements. For more information about how a car accident lawyer can help you with a rear-end collision case, contact The Law Firm of Aaron A. Herbert today.
Posted by at 1:26 pm

How to Deal With an Insurance Adjuster After an Accident

Wednesday, May 19, 2021

An insurance claims adjuster is someone who either works for the insurance company or is hired from an outside company to analyze a claim. It is the professional in charge of investigating the claim, looking at the evidence, and recommending to the insurance company to accept or reject benefits. Dealing with an insurance adjuster correctly after a car accident is critical. Knowing how to do so can help you maximize your financial recovery.

How to Deal With an Insurance Adjuster After an Accident 106

Prepare for Your Conversation

You can return a claims adjuster’s call at your convenience. Give yourself time to prepare for the conversation. Take time to gather the basic facts of the crash so that you are better able to answer the adjuster’s questions. Call the adjuster back after you have processed the accident and can discuss it calmly. Be polite to the adjuster and either record the conversation or take notes.

Don’t Assume the Adjuster Is on Your Side

The claims adjuster has one goal: to save the insurance company money. The adjuster does not want you to recover maximum financial compensation for your medical bills and property repairs. Instead, the adjuster wants to find reasons to diminish benefits or deny your claim. It is imperative to understand this during negotiations with the insurance adjuster, and not to assume that the adjuster is on your side.

Decline to Give a Recorded Statement

The adjuster will contact you soon after your accident – sometimes the same day as the accident. This is intentional; the claims adjuster hopes to catch you before you fully understand the facts of the crash, so he or she can obtain a recorded statement from you and use it against you later to portray you as an unreliable witness.
Politely decline to give the adjuster a recorded statement. No law in Texas requires you to give one. Do not believe the adjuster when he or she says the insurance company cannot continue processing your claim without it. Explain to the adjuster that you plan on submitting a written statement later, after consulting with your attorney.

Do Not Admit Fault

Never say that you caused the auto accident during a conversation with an insurance adjuster. Your admittance of fault, even in part, could be enough to bar you from financial recovery. Even if you believe your actions caused or contributed to the car accident, refrain from saying this to the insurance adjuster. Instead, wait for the insurance company’s investigation to determine fault. The other driver – or a third party – may be more to blame than you realize.

Keep Your Answers Short and Simple

Be honest, but do not give away more information in your answers to the insurance adjuster’s questions than is necessary. Keep your answers short and simple rather than going into long, narrative descriptions. Do not speculate about the car accident. Stick only to the facts of the crash as you understand them to be true. If you don’t know the answer to a question, politely say that you do not know.

Don’t Rush Into a Fast Settlement

Do not make any binding decisions while on the phone with the claims adjuster – especially when it comes to accepting a settlement. If the insurance company accepts your claim and you are offered a settlement, bring your case to a car accident lawyer for a review before making a decision. The initial settlement is often not adequate for the extent of a claimant’s injuries and losses. Once you accept, you cannot reopen your case or renegotiate for a higher amount. This is why it is critical to speak to an attorney before settling your claim.

Hire an Attorney to Advocate on Your Behalf

You do not have to deal with an insurance claims adjuster on your own. Hire a car accident lawyer in Dallas for a professional advocate who can stand by your side throughout the claims process. Your lawyer can handle conversations with a claims adjuster, protect your rights and fight for maximum recovery while you focus on healing.

Posted by Aaron Herbert at 3:24 pm

Should You Give a Recorded Statement to an Insurance Company?

Monday, May 17, 2021

When an insurance company processes a claim, it assigns someone called an insurance claims adjuster to evaluate the merits of the claim and investigate the accident. Part of the investigative process is to try to obtain a recorded statement from the claimant over the phone. It is critical not to give a recorded statement to an insurance company, however. This is one of many tactics the insurance adjuster may use to try to take advantage of you.

Should You Give a Recorded Statement to an Insurance Company? 108

What Is the Insurance Company’s Reason for Requesting a Recorded Statement?

An insurance adjuster’s goal is to save the insurance company money by convincing clients to settle for as little as possible. Insurance adjusters have years of training and experience in talking to clients. One strategy commonly used to gain information the insurance company can twist around to use against a client is requesting a recorded statement early on.
Insurance companies know that accident victims are often hurt, in pain, disoriented, confused and upset immediately following their accidents. It is no coincidence that this is when an insurance claims adjuster chooses to contact a victim. In asking for a recorded statement early on, the claims adjuster hopes to catch the victim in a time when he or she is vulnerable and does not fully understand the facts of the case.
Later, after an investigation obtains more information about the accident, the insurance company can try to use your recorded statement to show that the information you gave does not match the facts of the case. If you didn’t think you were injured when you gave your statement, for example, but later discovered hidden injuries, the insurance company could use your statement to argue that the accident did not injure you, or that you are an unreliable witness.

Do You Have to Give a Recorded Statement?

No, you do not have to give a recorded statement – nor should you. Insurance laws in Texas do not require you to consent to give the insurance claims adjuster a recorded statement about the accident. Do not give in to pressure from the claims adjuster, such as the adjuster saying that he or she cannot process your claim unless you consent to give a recorded statement. This is not true. If the adjuster seems friendly and persuasive, remind yourself that this is his or her job, and that the adjuster does not have your best interests in mind.

What to Do Instead of Giving a Recorded Statement

If you get asked by an insurance adjuster to give a recorded statement during an auto accident case or a different type of personal injury insurance claim, politely answer the request by saying that you do not consent to the adjuster recording you and that you will submit a written statement at a later date instead after you have consulted with an attorney.
You have the legal right to postpone this part of your claim until after you have seen a doctor, spoken to a lawyer and better understand your rights. You also have the right to hire a car accident attorney to handle conversations with the claims adjuster for you. An attorney will know exactly what to say and what not to say to protect your right to recover.

How Can a Lawyer Help With the Recorded Statement?

If you consult with a personal injury lawyer instead of agreeing to give the insurance company a recorded statement, you benefit from receiving advice from someone you can trust. Unlike an insurance company, your lawyer will want to maximize your financial compensation. A lawyer can help you with every aspect of your injury claim, including answering the insurance adjuster’s questions on your behalf and helping you submit a written statement that adequately protects your legal rights.
For more information about how a lawyer can help you with the insurance process, including providing a recorded insurance statement, contact an attorney at The Law Firm of Aaron A. Herbert for a free consultation.

Posted by Aaron Herbert at 12:56 pm