Typical Rear-End Collision

Brake Check Accident

Chain-Reaction Crash

How Can a Car Accident Attorney Help?

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.

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.

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.

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.

Who Is Liable for Passenger Injuries?

• The driver of the vehicle. The simplest step as an injured passenger is filing a claim with the insurance company of the driver of your vehicle. That driver’s bodily injury liability insurance will pay for your medical bills, lost wages and other losses. Texas law requires all drivers to carry this type of car insurance.
• The driver of the other vehicle. If the other driver caused the collision, you can file a claim with that driver’s insurance company. However, filing with your driver’s insurance company is generally enough, as the insurer will seek reimbursement from the other driver’s insurer, if applicable.
• The passenger’s insurance provider. If an incident occurs where one or both drivers are uninsured or do not have enough insurance to fully cover your losses, you can seek secondary coverage from your own insurance company. If you have personal injury protection insurance, this can help you pay for your medical bills.
• A third party. If an investigation of the crash finds that a third party caused the car accident, such as a property owner, product manufacturer or the government, that party may be financially responsible for your losses.

Potential Challenges During a Passenger Injury Claim

What to Do as an Injured Passenger

Although most people picture a collision between two vehicles when they imagine a car accident, many collisions involve just one car. If you get injured in a single-vehicle crash in Dallas, do not assume you have no legal options. Someone else may be financially responsible (liable) for your losses. Take certain steps to protect your rights after a single-car crash.

Report the Accident

You are still legally required to report a car accident to the police in Texas if it only involves your vehicle. Use your cell phone to call 911 immediately if it causes injuries, a passenger’s death or at least $1,000 in property damage. If you have injuries, request an ambulance. Remain at the scene until the police arrive.

Limit Your Movements

Until a paramedic has cleared you to move, do your best to remain in place and limit your movements – especially if you feel pain, numbness or tingling in your back or spine. If you have a spinal cord injury, moving or twisting the wrong way could exacerbate the injury and trigger more serious effects, such as permanent paralysis.

Talk to the Police

When the police arrive, give the officer your side of the story. Do not assume you are at fault, however. Even if you were the only driver involved in the accident, there could be other elements you are unaware of that contributed to the collision, such as a defect with your vehicle or a roadway hazard. Admitting fault can automatically place liability for the accident with you, even without an investigation.

Gather Evidence

If you can, collect evidence before leaving the scene of the car accident. Use your cell phone or a camera to take photographs of the scene. Capture close-up images of the damage to your vehicle, as well as wide-lens shots of the entire scene. If you believe something at the scene contributed to your crash, such as an obscured road sign, take photographs of this, as well. If you cannot take pictures right away, return to the crash site as soon as possible – before the city has the chance to clean up or repair any hazards.

Go to the Hospital

Do not delay in going to a hospital in Dallas to treat your car accident injuries. Waiting to see a doctor can make your injuries worse and can give your insurance company a reason to deny your claim. You may not notice the symptoms of an injury right away. Some injuries, including neck, brain and back injuries, have delayed symptoms. Your adrenaline from the car accident may also be masking symptoms. Always go to a hospital after a car accident, even if you believe you are uninjured.

Call Your Auto Insurance Company

Contact your auto insurance provider to report the collision. A representative will ask for details about the crash. Stick to the truth and do not elaborate more than is necessary to answer the questions asked. Again, do not admit fault for the accident. Wait for the insurance company to investigate and determine causation. Do not settle your car insurance claim until you have consulted with an attorney.

Contact a Dallas Car Accident Attorney

You may still be eligible for insurance coverage as the victim of a single-vehicle car accident. Your insurance policy may have coverage available if you have medical payment, collision or comprehensive insurance. You may also be able to file a third-party claim if someone else contributed to the accident. For example, you may have the right to bring a claim against the government for failing to maintain a safe roadway.
Speak to a car accident attorney in Dallas for professional assistance. An attorney can protect your best interests. A law firm can send investigators to the scene of your accident to determine the cause of the crash, for example, as well as identify third parties that may share fault for the collision. A lawyer can guide you through the entire legal process for the best possible outcome.

Do You Have to File a Police Report After a Car Accident in Texas?

Why Crash Reports Are Important

Proving Your Accident Happened

Documenting Basic Information

Providing Evidence of Fault

How to Obtain a Copy of Your Crash Report in Texas

If you get into a car accident, you may qualify for insurance benefits to reimburse you for many different financial damages. Car insurance is meant to make a victim whole again – to put the victim back in the financial state he or she would have been in had the accident not happened. This includes reimbursing you for the diminished value of your vehicle after an accident.

What Is the Diminished Value of a Vehicle?

No amount of repairs can restore a crashed vehicle to the value it bore before the car accident. There is a stigma against vehicles that have been in accidents, even after they have been repaired. Despite the repairs bringing the vehicle back to like-new condition, the fact that the vehicle has a crash history will bring down its resale value on the market.

How Do You Seek Compensation for Diminished Value?

As the owner of a damaged vehicle, you have the right to seek insurance benefits for diminished value. If you did not cause the car accident, the other driver’s insurance company is responsible for paying for the diminished resale value of your vehicle. Otherwise, you may be able to seek this type of compensation from your own insurance provider if you have collision or comprehensive coverage.
Your own insurance company most likely will not want to pay you for the diminished value of your vehicle. Instead, it will only want to pay you for the repairs necessary to restore your car. First-party payments against collision coverage will only pay for diminished values in very limited circumstances. Tell your insurance company that you do not consent to allow them to seek reimbursement from the other driver’s insurance company until you have first been compensated for your diminished value.
If the other driver caused your car accident, notify his or her insurance company that you will be filing a diminished value claim and that you will not accept a settlement until this part of your property claim has been resolved. Follow the insurance company’s instructions for filing your claim and providing proof of your losses. Do not resolve your case, however, until you have spoken to an attorney.

How Does an Insurance Company Calculate a Diminished Value Claim?

Before you can recover compensation for the cost of the diminished value of your vehicle, you must prove that you have lost resale value. The insurance company will request evidence of this loss. You may be able to obtain evidence from a mechanic shop or using an evaluation tool such as Kelley Blue Book to show what your car was worth pre-crash compared to what it is worth now.
For example, if your vehicle would have been able to sell for $10,000 before the car accident, but will now only sell for $6,000, you will need evidence proving the $4,000 difference. Do not forget to combine this with the costs of your vehicle repairs. If it will take $2,000 to restore your vehicle, for instance, your full claim would be for $6,000; the cost of repairs plus the diminished market value of the vehicle.
Insurance companies want to protect their bottom lines by devaluing the claims they receive. You may struggle to negotiate a fair settlement for the diminished value of your vehicle from the insurance company handling your case. The insurer may undervalue the pre-crash resale price of your vehicle in its initial settlement. This is why it is important to speak to an attorney before you sign anything from the insurance company.

Contact an Attorney for Help

You may need to hire a car accident attorney to investigate the facts of your case and help you negotiate for a fair settlement from an insurance company for the diminished value of your vehicle. It often takes an expert to review the case and substantiate a diminished value claim. Hiring a law firm gives you the resources and professionals to successfully investigate and resolve a diminished value case in Dallas.

Being in a car accident can be inconvenient, confusing and stressful. You may suffer serious injuries as well as expensive property damage. You will also have to deal with the insurance claims process, which can be difficult on its own. Although your first instinct may be to apologize or admit fault for a car accident, this is not a good idea for many reasons.

About Car Accident Investigations

Texas is a fault-based insurance state. This means that after a car accident, the party responsible for paying damages is the one who caused the crash. In a no-fault insurance state, on the other hand, all drivers will seek financial compensation from their own insurance providers, regardless of who caused the car accident.
If you admit fault immediately after a car accident, this can place 100 percent of financial liability for the wreck with you and your insurance provider, without further investigation. The other driver’s insurance company will make you pay for the accident even if a full investigation would have found evidence of someone else’s fault. The insurance company will not waste time or resources on investigating if you are willing to absorb fault for the accident from the start.
If you do not admit fault, the insurance company will have no choice but to investigate the crash. The insurance company will look at evidence such as the police report and eyewitness statements to piece together how the collision occurred. The insurance company will also send a claims adjuster to visit the scene of the accident and inspect vehicle damage in person. Then, the insurer will determine fault based on its investigation, rather than taking you at your word.

Texas’s Comparative Negligence Law

An important reason not to admit fault for a car accident in Texas is the possibility of shared fault among multiple parties. Although you may think you caused the car accident, there may be factors you are unaware of that also contributed to the crash.
For example, you may have been texting and driving, but the other driver might have run a red light without you noticing. In this scenario, it would be unfair for you to absorb 100 percent of fault for the crash since the other driver also contributed to the collision.
Texas is a modified comparative negligence state. This means even if you were partially to blame for a car accident, if someone else was also at fault, you can share liability and still recover at least a portion of a financial award.
In Texas, you can still recover damages with up to 50 percent of fault for a car accident. The court will reduce your compensatory award by an amount that is equivalent to your percentage of fault. If you are more than 50 percent to blame, however, you will be barred from financial recovery.

How to Speak to an Insurance Company

In the aftermath of a car accident in Texas, you will receive a phone call from someone called an insurance claims adjuster. It is important not to admit fault to the claims adjuster, as he or she will be searching for reasons to deny your claim.
Do not allow the adjuster to pressure you into admitting fault. Do not speculate about fault, either; instead, state the facts of the auto accident as you understand them. Do not offer any additional information besides answering the questions asked. If you do not know the answer to a question, say so.

Get Help From an Attorney

Admitting fault for a car accident to the other driver, the responding police officer or an insurance company could end your case before an investigation. This can rob you of the possibility of discovering fault with the other driver or a third party, such as an auto manufacturer or the government, barring you from the financial recovery you deserve.
Rather than admitting fault, contact a car accident attorney in Dallas if you believe you’re partially at fault for a collision.

What Is PTSD? What Are the Symptoms?

• Flashbacks
• Nightmares
• Trouble sleeping
• Anxiety associated with the activity
• Phobias or avoidance
• Depression
• Trouble concentrating
• Irritability or behavioral changes
• Feelings of helplessness
• Suicidal thoughts or tendencies

Claiming Damages for PTSD After a Car Accident

How Are PTSD Damages Calculated?

If you were injured in an accident in Dallas, Texas, you may not expect to encounter any problems during the insurance claims process. Unfortunately, most insurance companies wish to undervalue your claim or deny benefits altogether. This can lead to an insurance company denying your claim for a variety of different reasons – some valid, others not.

Broken Rules or Requirements

Insurance companies have strict rules when it comes to filing claims. For a valid claim in Texas, you must obey the insurance company’s filing requirements. A common mistake is missing the deadline to file. Most insurance companies require claimants to report their accidents as soon as possible. Some place specific deadlines on filing, such as 72 hours after an accident. If you wait too long to file or skip another required step, this may provide a reason for the insurance company to deny coverage.

Liability Dispute

If the insurance company that receives your claim does not believe its policyholder is responsible for your accident, it may give this as the reason for the insurance denial. In your initial settlement demand letter, you must explain why you believe the insurance company is liable for your damages, including any relevant personal injury statutes. If you fail to do this, the insurance company may initially deny your claim by refuting liability. It is up to you or your attorney to respond with an explanation of why you believe the insurer is liable.

Comparative Fault

Part of a liability dispute may be the insurance company arguing that you caused or contributed to your own injuries. This is the defense of comparative negligence. In Texas, comparative negligence does not fully bar you from financial recovery. Even if the insurance company has proof you contributed to the accident, you could still recover partial compensation. The insurance company may have the right, however, to reduce your recovery by your percentage of fault.

Failure to Receive Medical Care

It is very important to receive medical care immediately after an accident in Dallas. If you wait to go to the hospital, an insurance company may state that you failed to mitigate your losses and base a denial of benefits on this fact. Failing to see a doctor will also result in no officially diagnosed injury. Be sure to fully list all of your symptoms to your doctor, including any pain and suffering you are experiencing. Your medical records must indicate your losses clearly to be eligible for insurance coverage.

Pre-Existing Injuries

Insurance companies often use pre-existing injuries to try to avoid paying clients. However, a pre-existing injury alone should not bar you from insurance coverage in Texas. Insurance companies must take plaintiffs as they are at the time of their accidents – even if this means with pre-existing injuries or health conditions. If an insurance company gains access to your full medical records in tries to deny your claim based on a pre-existing injury alone, a lawyer can help you argue your eligibility for benefits.

Insurance Bad Faith

Some insurance denials do not come with a reason. These are wrongful denials, as insurance companies have a legal obligation to explain why they reject claims. Your lawyer can help you contact an insurance company to request a reason for the denial.
If the insurance company gives a reason that does not apply to your case, this could be evidence of insurance bad faith. Bad faith is an insurer intentionally mishandling your claim. If you are the victim of insurance bad faith, a lawyer can represent you during a lawsuit against the insurance company itself.
If an insurance company recently denied your personal injury claim, consult with an attorney in Dallas for legal advice. An attorney can review your case and let you know if you are the victim of wrongful insurance denial. If so, your attorney can help you take action to appeal the denial.

What Are Punitive Damages?

When Are Punitive Damages Awarded in a Car Accident Case?

What Types of Car Accident Cases Are Most Likely to Receive Punitive Damages?

• Reckless driving
• Driving while intoxicated
• Road rage or aggressive driving
• Excessive speeding or racing
• Driving while distracted
• Hit-and-run accident
• Driving with a revoked or suspended license
• A bus driver texting and driving
• A manufacturer concealing known auto defects

Texas’ Punitive Damages Cap

When to Hire a Car Accident Lawyer in San Antonio

Insurance Covers the Car, Not the Driver

First-Party vs. Third-Party Insurance Claim

Primary and Secondary Insurance Coverage

Potential Challenges With Your Claim

What Is Whiplash?

• Neck pain
• Stiffness or lost range of motion
• Shooting pains, tingling or numbness in the arms
• Back pain or tenderness
• Headaches
• Vertigo or dizziness
• Trouble concentrating
• Memory issues
• Trouble sleeping

Settlement Amounts Vary Significantly

Types of Damages Available

• Health care bills
• Long-term treatments such as physical therapy
• Medications or medical devices
• Lost wages and capacity to earn
• Property repairs
• Disability-related expenses
• Lost enjoyment of life
• Pain and suffering
• Emotional distress
• Punitive damages

Negotiate Your Settlement With Help From a Whiplash Attorney in San Antonio

Call the Police

Speak to Eyewitnesses

Get Medical Attention

File a Car Accident Claim With Your Own Insurer

Contact a Car Accident Attorney in San Antonio

Not all car accidents in Dallas involve more than one driver. If you were the only driver in your recent auto accident, you may assume you are automatically at fault and must use your own insurance to pay for losses. Depending on the circumstances of your crash, however, this may not be the case. You may not have to pay for your own financial damages if one or more parties contributed to the single-vehicle accident.

Accidents Due to Vehicle Defects

Some single-vehicle car accidents in Texas are traced back to faulty vehicle parts. If a part on your car malfunctioned or broke down while you were driving, and this is what caused your accident, you may have grounds for an auto defect claim against the manufacturing company. Common examples of faulty parts include:

• Brakes
• Tires
• Headlights
• Electrical systems
• Airbags
• Steering columns

An auto manufacturer has a legal responsibility to ensure the safety of its products. If it fails to fulfill this responsibility, leading to a design, manufacturing or marketing defect in one of its vehicles, it will be strictly liable for related auto accidents and injuries. Have an auto defect attorney investigate your single-vehicle accident for signs of a faulty product to find out if the automaker is liable.

Accidents Due to Road Defects

Even if you were the only driver involved in your car accident, you could have grounds to bring a claim against the city or state government if a road defect caused the crash. A road defect can describe any dangerous problem with the roadway that could foreseeably cause a car accident, such as a pothole, debris, construction zone, loose gravel, uneven shoulder, missing guardrail, obscured road sign or broken traffic light.
If the government agency in charge of maintaining the road where your single-vehicle car accident occurred should have done more to prevent your crash, such as respond more promptly to road maintenance requests, the agency could be liable for your losses. Note that a claim against the government must be brought within six months or less in Texas, depending on your county. This is significantly shorter than the typical statute of limitations in Texas of two years.

No-Contact Accidents

Even if your vehicles did not technically collide, another driver may be liable for your car accident if his or her carelessness caused you to run off the road or lose control of your vehicle. This is called a no-contact crash. If, for example, another driver almost merged on top of you, causing you to jerk the steering wheel, lose control of your vehicle and crash, the other driver may be financially responsible for the accident even your vehicles did not touch.
Unfortunately, it can be difficult to obtain financial compensation for a no-contact crash if the other driver does not realize he or she caused an accident and keeps driving. You may be able to obtain license plate numbers or partial plate numbers from eyewitnesses, however, or footage of the crash as evidence. Always call the police to help you gather what information is available after a no-contact single-vehicle car accident.

How a Car Accident Lawyer Can Help

You may or may not have grounds to hold someone else financially responsible for your single-vehicle car accident. If another individual or entity should have prevented your crash, that party may be liable for your medical bills, property repairs, lost wages and other damages.
A car accident lawyer in Dallas can help you with the claims process after a single-vehicle crash. Your lawyer can investigate the crash, determine fault, and help you understand your rights. Then, your lawyer can take over complicated legal processes on your behalf to ensure the best possible outcome. Consulting with an attorney can help you determine whether or not you have to pay for your accident out of pocket.

If you get into a car accident in Texas, you must determine fault before you can file an insurance claim. This is the rule according to Texas’s fault-based insurance law, which holds the party at fault for a car accident responsible for injuries and losses. Determining fault, however, is not always easy. This is especially true after a car accident changing lanes.

A Driver Breaking Texas’s Lane-Change Law

If a driver breaks a law and causes an accident, he or she is liable. Texas Revised Statutes Section 545.060 states that on a road laned for traffic, a driver must keep to a single lane as much as is practical. A driver may only move from his or her lane when the driver can conduct the maneuver safely. Determining whether a lane change is safe or not requires a few basic driver tasks:

• Checking to see if there is enough room in the destination lane to allow the lane change.
• Using a turn signal to demonstrate the intent to switch lanes or merge.
• If merging, yielding the right-of-way to existing traffic.
• Using an appropriate speed to change lanes – not too fast or too slow.
• Maintaining a safe following distance from other vehicles.
• Checking the rearview and side mirrors, as well as blind spots, for cars.
• Making the lane change slowly and carefully.

If a driver in Dallas breaks any of these rules, that driver is at fault for a resultant lane-change accident. If you get into this type of car accident, it is important to call the police to the scene of the accident so the officer can ticket the other driver for a moving violation. A traffic ticket can serve as evidence against the driver during your insurance claim.

A Distracted Driver

Distracted driving is a common cause of lane-change accidents in Texas. A distracted driver cannot pay enough attention to his or her surroundings to safely execute a merge or lane change. The driver may not notice a vehicle in his or her blind spot, for example, or may not recognize another driver moving into the same lane at the same time.
If a driver is distracted enough by using a cell phone, texting and driving, eating or drinking, changing a radio station, looking at a GPS, reading a billboard, daydreaming, or other activities while driving, he or she may be unable to make sure it is safe to change lanes. In this scenario, the distracted driver would be liable for a related auto accident.

Both Drivers

A lane-change accident case can get complicated if two drivers move into the same lane at the same time. In another scenario, when only one driver changes lanes, liability will go to that driver, as it is his or her responsibility to change lanes safely. If both drivers make the lane change simultaneously, however, fault is not as easy to determine.
Fault may be allocated to both drivers if they share the blame for the collision. In Texas, a modified comparative negligence law presides over cases where the plaintiff and defendant share fault for an accident. In this situation, you could still recover compensation even if you were partially at fault, as long as you were less than 50% responsible for the accident. However, the courts will reduce your recovery by your percentage of fault.

Contact a Car Accident Lawyer for Assistance

Navigating Texas’s liability laws can be difficult in any type of car accident case. If you were in an accident changing lanes, however, the legal process can be even more complicated. Consult with a car accident attorney in Dallas for assistance with this type of claim. An attorney can thoroughly investigate your crash, gather proof the other driver is at fault and help you proceed with an insurance claim. A lawyer will make sure your rights are protected throughout the legal process.

In many ways, a car accident can be just as psychologically damaging as it can be physically harmful. While most people only think of the physical injuries and property damage involved in a car accident, survivors understand the immense emotional trauma collisions can bring with them.
If you experienced adverse psychological effects after being in a car accident, you can seek financial compensation for emotional distress during your injury claim in Texas. A lawyer can help you prove this intangible loss.

Mental Anguish and Emotional Distress After Car Accidents

A car accident can be a traumatic experience for those involved; especially those who suffer serious injuries or watch loved ones die in car crashes. A car accident is an abrupt, frightening and often severely damaging event. The collision itself can lead to psychological effects such as anxiety about riding in a car, nightmares and flashbacks.
If you were seriously injured in a car accident, your injuries could also contribute to emotional distress or mental anguish, such as through a long-term injury and lost enjoyment of life. For some people, the psychological effects of surviving a car accident can be substantial enough to cause a diagnosable condition, such as post-traumatic stress disorder (PTSD).

Symptoms of Post-Traumatic Stress Disorder

Post-traumatic stress disorder is a psychological condition that occurs in people who have witnessed or experienced traumatic events. It is commonly diagnosed among veterans who have been in war and combat zones, for instance, as well as survivors of sexual abuse. A car accident survivor could suffer PTSD if what he or she saw, felt or experienced in the collision was traumatic enough to cause long-term mental distress.
According to the US Department of Veterans Affairs, PTSD occurs in about 7% to 8% of the population – meaning around eight million adults have PTSD on any given year. Post-traumatic stress disorder can come with many different symptoms for a car accident survivor.

• Fear or anxiety, especially about cars or driving
• Avoidance of anything that reminds the person of the crash
• Emotional and physical reactions to triggers
• Mood swings or personality changes
• Depression and withdrawal from others
• Nightmares or trouble sleeping
• Flashbacks (involuntary memories of the car accident)
• Suicidal thoughts or actions/self-harm

Post-traumatic stress disorder is one of the most commonly diagnosed mental health conditions after a car accident. Other common diagnoses are depression and anxiety. Emotional, mental and psychological conditions after a car accident can have a substantial effect on a victim’s life. The victim may be unable to return to his or her normal life or job. The victim may also have to pay for psychological therapy or counseling. Although nothing can fix the immense trauma associated with a car accident, a victim in Texas may be eligible for related financial compensation to help pay the bills and move forward.

Can You Seek Compensation for Emotional Distress?

Yes, you can seek financial compensation for emotional distress and psychological trauma after a car accident in Texas. If you experience any symptoms of emotional distress, such as loss of enjoyment in daily activities, mood swings, stress or anxiety, depression, nightmares, or phobias, you can seek compensation for emotional injuries along with your car accident claim. You can seek compensation for the following noneconomic damages:

• Emotional distress
• Mental anguish
• Post-traumatic stress disorder
• Inconvenience or embarrassment
• Phobias or anxiety
• Psychological trauma
• Grief or bereavement
• Lost enjoyment of life
• Lost quality of life
• Loss of consortium

The courts will view these as pain and suffering damages, for which you can recover a monetary award – but only if you or your car accident attorney can prove the existence of emotional distress. Proof may come in the form of medical records and statements from your therapist, as well as witness testimony and an injury journal. Work with an attorney right away for assistance with a car accident claim involving psychological trauma for the best possible results.

When Do Manufacturers Issue Recalls?

How Manufacturers Find Out About Defects

• Consumer reporting. Anyone who discovers a defect in a vehicle can contact the Vehicle Safety Hotline, which alerts the NHTSA to the problem via phone, at 1.888.327.4236 or online at safercar.gov. Consumer reports often launch investigations that uncover defects in parts. The NHTSA may not investigate an isolated defect occurrence, but they’ll look into problems that could affect multiple vehicles or parts installed in numerous vehicles.
• Quality assurance testing. Each vehicle manufacturer has its own set of standards when it comes to maintaining compliance with federal standards and creating safe vehicles for sale. Manufacturers have an incentive to find and eradicate defects early on to prevent injury, lawsuits, and loss of consumer trust, so they often initiate recalls on their own.
• Compliance testing. Federal regulators conduct routine testing to guarantee auto manufacturers maintain federal standards. In some cases, these tests uncover previously undetected defects that warrant a recall.

Consumer Responsibility

If you or someone you love gets into a vehicle accident, it is critical to preserve evidence that can help the parties involved determine what happened and why. Take certain steps to protect, preserve and collect key evidence immediately after a car accident in Texas. This may be the only way you can prove liability and recover financial compensation for your collision.

Why Do You Need to Preserve Evidence During a Vehicle Accident Case?

Collecting and preserving evidence is important for your financial recovery after a vehicle accident in Texas. Texas uses a tort-based insurance system that holds the at-fault driver legally responsible for a victim’s damages. You will generally need evidence that establishes the other driver’s fault to qualify for insurance benefits.
Without clear and convincing evidence that the other driver owed you a duty of care, breached this duty and caused your car accident, you may be unable to convince the driver’s insurance company to pay for your losses. It will be up to you or your personal injury lawyer as a plaintiff in a car accident case in Texas to preserve evidence and present it to the insurance company. The burden of proving negligence rests with your side of the case.

Preserving Evidence From the Crash Scene Before Cleanup

The scene of a car accident can contain vital evidence of how and why the crash occurred. Before cleaning crews come and clear away the debris, do your best to either take photos yourself or have someone take photos for you. Photographs can preserve the crash scene as it looked immediately after your accident. Pictures and videos can capture images of a pothole that popped your tire, for example, before the city has the chance to repair the defect. If you cannot preserve evidence from the scene of the car accident immediately after the collision, return as soon as you can or have a lawyer return to the crash scene for you.

Gathering Statements From Eyewitnesses While Their Memories Are Still Fresh

Eyewitness statements are also important to gather from the scene of a car accident. You, a trusted friend or the police should collect contact information from all the eyewitnesses who saw the car accident occur. Write down their full names and contact phone numbers while still at the scene, if possible. Later, after you have obtained medical care for your injuries, reach out to eyewitnesses to collect their versions of what happened. Gather these statements as soon as possible to preserve details while their memories are still fresh and accurate.

Asking Companies to Preserve Key Information

Making phone calls to certain businesses and companies after a car accident may be necessary to ask them to preserve evidence that is relevant to your vehicle accident case. If you were injured in a truck accident, for example, contacting the truck company and asking them to preserve the truck’s black box could help you prove your case against the truck driver.
You may also want to reach out to businesses near the crash scene to request that they preserve any video surveillance footage that might have caught the accident on tape. Finally, contacting the other driver’s cell phone company could allow you to preserve phone records that prove the other driver was talking or texting while driving.

Need Help Preserving Evidence? Contact a Car Accident Attorney

Preserving evidence while it is still available can allow you to prove the other driver’s fault and recover fair compensation from his or her insurance company. If you need assistance preserving evidence after a car accident, contact an attorney to help you with this task. A car accident lawyer in Dallas will know exactly what steps to take and calls to make to preserve key evidence on your behalf. Your lawyer can take care of this for you while you focus on healing. Contact a lawyer as soon as possible for assistance preserving evidence for your legal claim.

Bringing a car accident claim in Texas does not guarantee your financial recovery. You will first need to prove the defendant’s liability before you can recover compensation. In turn, the defendant will have the opportunity to refute your claim and prove him or herself not responsible for your collision. Learning the most common defenses used in car accident cases can help you prepare your rebuttal.

Expired Statute of Limitations

A defendant may try to counteract a claim based on statutory rules or filing mistakes, such as an expired statute of limitations. A statute of limitations is a deadline to file a civil claim. In Texas, the statute of limitations on most car accident cases is two years from the date of the accident or injury discovery. If you filed your claim after this deadline, the defendant will most likely use this as a defense to liability. The courts in Texas generally will not agree to hear a claim filed after the statute of limitations has passed.

Comparative Negligence

Texas is a modified comparative negligence state. Called proportionate responsibility in Texas, comparative negligence refers to the accident victim’s portion of responsibility for the wreck. In Texas, you cannot recover financial compensation for a car accident that you were more than 50% responsible for causing. If an investigation confirms your majority share of fault for causing the crash, the defendant will not owe you any compensation.
A defendant may use the proportionate responsibility defense to bar you from recovery or reduce his or her liability for your losses. Even with less than 50% of fault, this defense could reduce your financial recovery by an amount equivalent to your percentage of responsibility. If you were 20% responsible for the car accident, for example, the courts will deduct 20% from your recovery award.

Third-Party Liability

The defendant’s insurance company may try to avoid a payout by refuting fault for your accident altogether. It may do this by naming a third party that is to blame for your losses instead. For example, the other driver’s car insurance company may deny liability if an investigation finds that a defective vehicle part caused your crash, not its client, and that you should therefore bring your claim against the manufacturing company. In this scenario, you and your car accident attorney can bring an injury claim against the third party for compensation instead.

Pre-Existing Conditions

If you are filing a claim for injury-related damages, such as medical bills, you may encounter the pre-existing condition defense. An insurance company may use this defense if it finds a pre-existing injury or condition in your medical records that is relevant to the current injury claim. This is why it is important to submit only the relevant medical records to the insurance company rather than signing a blanket authorization form. Even if you have a pre-existing condition that impacts your claim, the insurance company cannot deny benefits for accident-related injuries or the exacerbation of your existing condition. You may need to prove, however, that your injuries are from the car accident and are not pre-existing.

Failure to Mitigate Losses

Another common defense used in car accident cases is the plaintiff’s failure to mitigate his or her losses. As a plaintiff in a car accident claim, it is your responsibility to take certain steps to mitigate your losses or prevent them from worsening. If you have an injury from the crash, for instance, you will need to go to the hospital immediately and follow your doctor’s treatment plan. Failing to mitigate your losses could be a valid reason for an insurance company to deny your claim or reduce the benefits awarded. If you most likely could have reduced your losses but failed to do so, the insurance company most likely will not be responsible for their full value.
You may encounter one or more defenses during your Texas car accident case. Hire a lawyer to represent you for the best odds of a successful claim even with these common defenses.

Many roads in Texas have defects that make them excessively dangerous for drivers, such as ruts or potholes. These bad road conditions can cause car accidents and related serious injuries. If you were in a car accident as a result of a dangerous road condition in Texas, you may be able to hold someone else responsible. While you may not have another driver to blame, you could file a claim against the city or state.

Who Is Responsible for Road Conditions?

Under the doctrine of premises liability law, a property owner is responsible for the care and maintenance of that property. If the property contains a road, this includes the upkeep of the roadway. A road owner’s duty of care includes taking reasonable steps to prevent auto accidents from dangerous road conditions. What is reasonable depends on the circumstances and what a prudent property owner would do in the same situation. The failure to properly maintain a road could result in many dangerous conditions.

• Potholes
• Cracks or ruts
• Rubble or loose gravel
• Uneven shoulders
• Storm debris
• Dangerous construction zones
• Flooding
• Ice or snow
• Obscured road signs
• Faded paint
• Missing guardrails

The private property owner or the government could be liable for a car accident caused by bad road conditions in Texas. If you crashed on a private road or driveway, the owner of that road could be liable. If you crashed on a public road, the city or state government could be responsible instead. You could bring a case against the government for the failure to maintain a defect-free road or a dangerously designed roadway.

What Are the Elements Necessary to Bring a Claim?

To hold a property owner responsible for a car accident, you will need to understand the basic rules of premises liability. In general, a property owner has the legal task to regularly inspect his or her roads, repair visible or obvious defects, and warn drivers of nonobvious defects. If a property owner is negligent in fulfilling these responsibilities, he or she could be liable for a related car accident. It will be up to you or your car accident lawyer to prove the defendant’s fault for your collision. This will take four main elements.

1. The defendant owed you a duty of care to maintain a safe roadway.
2. The defendant failed to fulfill his or her duty of care.
3. The defendant’s negligence caused or contributed to your car accident.
4. You suffered compensable losses as a result of the accident.

If you crashed your car due to a bad road condition, the property owner or government could be responsible for your losses if you can prove these four elements using clear and convincing evidence. Evidence may take the form of photographs of the road defect, copies of previous complaints, your accident report, eyewitness statements and expert testimony. If your lawyer can prove these four elements, you can recover compensation for your losses from the at-fault party.

What Damages Are Available for a Crash Caused by Bad Road Conditions?

Understanding liability for a bad road condition is important to your future. Determining and proving liability will allow you to recover financial compensation for several past and future losses, meaning you will not have to pay them out of pocket. A successful personal injury claim against the government or another party could result in damages for several losses.

• Medical bills
• Lost wages (past and future)
• Property damage
• Pain and suffering
• Emotional injuries
• Loss of consortium
• Punitive damages
• Wrongful death damages

Find out if you have a claim against someone for a car accident caused by bad road conditions in Texas by consulting with an attorney. Some bad road conditions are no one’s fault, meaning you would need to file a claim with your own insurance company. Others, however, trace back to a property owner’s neglect or breach of duty of care. Consult with a lawyer for more information about your specific case and legal rights.

Road rage refers to extreme aggression behind the wheel of a motor vehicle. While it is normal for drivers to sometimes become frustrated or angry, road rage brings driver frustration to the level of violence or recklessness. A driver putting him or herself and others in danger due to serious aggression is road rage. If a road rage driver causes personal injuries, property damages or deaths, victims can seek help from a car crash and injury attorney.

Is it Against the Law?

The state of Texas does not have any legislation specifically listing road rage as a crime. However, several actions an enraged driver may take could qualify as crimes. Aggressive driving, on the other hand, is a specific moving violation in Texas. Putting other people at risk by intentionally or recklessly breaking traffic laws is the definition of aggressive driving in Texas. Road rage could lead to several different criminal charges depending on the situation.

• Reckless driving. If a driver’s road rage causes him or her drive recklessly, the driver could be guilty of a crime under Texas Transportation Code section 545.401. This is a misdemeanor crime.
• Assault and battery. An extremely angry driver may exit his or her vehicle to physically assault a victim. A road rage driver could be guilty of assault, battery or harassment. These could be misdemeanor or felony offenses.
• Vehicular homicide or manslaughter. A road rage driver could be guilty of these serious crimes if he or she uses a vehicle as a weapon to take the life of another person. These are felony crimes that will lead to mandatory jail time.

A driver’s road rage itself may not be against the law in Texas, but many actions an enraged driver is likely to take could break state laws. Criminally negligent homicide, intoxication manslaughter, vehicular manslaughter, aggressive driving, reckless driving, speeding, running red lights, harassment, tailgating or unsafe passing could all lead to criminal convictions or moving violations for the road rage driver.

Can Road Rage Be Harmful?

Road rage can be extremely harmful to everyone on the roadway. A driver experiencing a bout of anger may not be able to safely or prudently control his or her motor vehicle. This can lead to accidental or intentional collisions. A driver experiencing road rage could break roadway rules, speed, run red lights, ignore rights-of-way, weave between vehicles and tailgate – all dangerous behaviors that could cause car accidents. He or she could also become violent, leading to potential personal injuries from assault or battery.
Aggressive driving is a leading cause of auto accidents, according to studies. Aggressive driving can cloud a driver’s judgment or lead to intentional crimes, such as ramming one’s vehicle into another car or a pedestrian. It could also become a significant cognitive distraction, causing unintentional mistakes such as failing to notice a light changing. Road rage could be harmful to the driver and to everyone else on the road.

Is Road Rage Deadly?

Road rage has proven fatal for many victims in the past. Deadly incidents of road rage could involve catastrophic vehicle collisions or physical assaults with weapons from the angry driver. In many cases, road rage goes hand in hand with personality disorders and/or substance abuse. These combinations can lead to reckless driver behaviors that ultimately lead to fatal incidents.
You can help prevent road rage incidents by being a careful and courteous driver. Do not cut other drivers off, use hand gestures, yell at other drivers, tailgate, honk or otherwise instigate an altercation. Avoid doing things that could incite a driver’s road rage, such as driving too slowly in the fast lane. If an angry driver tries to engage with you, ignore him or her and do not make eye contact. Get out of the driver’s way and report him or her to the police if the driver appears to be a threat. Drive directly to a police station if an enraged driver appears to be following you.

Recovering from a car accident in Texas often takes seeking money from one or more parties to pay for your medical costs, vehicle repairs and other crash-related losses. Which insurance company will take your claim depends on the fault laws in your state. Your state will use fault, no-fault or hybrid fault laws. Texas is a fault state, not a no-fault state.

What Is a No-Fault State?

A no-fault state does not place any significance on fault for a car accident. It does not require injured parties to determine fault, identify negligence or prove liability to recover damages. Instead, all injured drivers and victims will seek benefits from their own auto insurance companies through first-party claims, no matter who is to blame for the accident. In no-fault states, all drivers carry personal injury protection insurance. This type of coverage pays for the insured person’s medical bills and property repairs, whether or not the insured party caused the car accident.
If you live in a no-fault state, every car accident claim will be a first-party insurance claim unless your injuries are serious enough to qualify you to bring a lawsuit against the negligent party. No-fault states use serious injury thresholds to decide if a victim has been injured severely enough to enable him or her to sue the at-fault party. If so, the victim can bring a third-party insurance claim against the other driver instead.

Is Texas a No-Fault State?

No, Texas is not a no-fault state. It uses a tort-based insurance system, meaning the driver at fault for the collision will be financially responsible for damages. Every driver in Texas lawfully must carry car insurance. Most drivers use their car insurance policies to pay for victims’ damages rather than paying out of pocket. After a vehicle collision, injured victims will seek financial benefits through the at-fault driver’s insurance policy. A negligent driver’s bodily injury and property damage liability insurance will pay for victims’ losses.
Unlike a no-fault state, Texas always allows car accident victims to file lawsuits against others in pursuit of financial compensation. You do not have to meet an injury threshold to bear the right to file a lawsuit against another driver for speeding, drinking and driving, texting while driving, or another act of negligence or recklessness in Texas. You will, however, have to prove the other driver’s fault for your accident before his or her insurance company will pay for your damages.
In a no-fault state, you do not need to prove fault. Your own insurer will reimburse your losses without requiring proof of anyone else’s negligence. This is not the case in Texas if you file a third-party insurance claim. In a hybrid fault state, it is usually up to drivers whether they wish to purchase fault or no-fault car insurance policies.

What Is Texas’s Comparative Fault Law?

During a car accident claim in Texas, the at-fault driver may try to avoid liability for your damages by alleging that you are also to blame for the collision. This is the comparative fault defense. This defense tries to diminish the defendant’s liability for your damages by apportioning some of the fault to you. If the courts agree that you also contributed to the crash, you may receive less in financial compensation.
A successful comparative fault defense in Texas can reduce your settlement or judgment award by an amount equivalent to your percentage of liability. If the defendant’s lawyer proves you were 10% at fault for looking at your phone when the defendant ran a red light and crashed into you, for example, you might receive 10% less than if you had not contributed to the crash at all.
Texas’s fault insurance laws can be difficult to navigate on your own – especially if you are simultaneously dealing with serious and painful personal injuries. Hire a car accident attorney to help you with the claims process. Your lawyer can negotiate with a third party’s insurance company for you while you focus on healing.

Are you interested in suing insurance company for denying claim? Dealing with an insurance company is not easy after an accident in Texas. We often receive the question if you can sue an insurance company for denying your claim. Insurance companies have a financial interest in the outcomes of claims. An insurer will benefit from avoiding client payouts. For this reason, insurance providers often violate the terms of insurance policies or engage in bad-faith claims practices for their own financial gain. If you are the victim of insurance bad faith in the form of denying a valid claim, you may be able to sue the insurance company in Dallas.

Is your insurance company denying claim in Dallas?

Do you have options if your insurance company is denying claim? The short answer is yes. But it only applies in certain circumstances.
There are many valid reasons why an insurance company might deny your claim, and it isn’t always grounds for a lawsuit.
However, the insurance policy you signed with the company is a binding agreement. Should the insurance company fail to meet the terms agreed upon in the policy, you may have grounds to file a lawsuit.

What Is Insurance Bad Faith?

Insurance companies deny claims all the time. Not all denials are illegal, invalid or in bad faith. Valid reasons for denying insurance claims include missing information, false information, missed deadlines, liability disputes and lack of insurance coverage. The insurance company receiving your claim must give you a reason if it denies coverage. If it doesn’t, call the insurance company to ask why it denied your claim.
If the insurance company cannot give you a reason, or the reason does not seem valid, you may be the victim of insurance bad faith. Common examples of insurance bad faith are inadequate investigations, requests for excessive proof of losses, unfounded claim denials, lowball settlement offers, delayed payouts and refusal to handle a claim reasonably. No insurance company is going to admit to bad faith. It will be up to you to identify signs of a wrongful denial.

Is Your Insurance Denying Claim? What Are Your Options After an Insurance Claims Denial?

If you suspect the insurance company of handling your claim in bad faith, you have legal options, such as, suing insurance company for denying claim. One is suing the insurance company. Before you file an insurance bad-faith lawsuit, however, talk to an insurance claims attorney in Dallas for advice. A lawyer may be able to negotiate a different case outcome without a lawsuit. Requesting an internal review of your insurance claim, for instance, may be enough to achieve a change in the outcome of your case. This is especially likely if your lawyer submits further evidence to support your claim.
Another option is to request an external review. You can contact the Texas Department of Insurance (TDI) to complain about insurance bad faith. The TDI will review your insurance claim and how the insurer responded. If the TDI agrees that the insurer is in the wrong, it may force the company to pay you benefits. Simply hiring an attorney may be enough to convince an insurance company to handle your case better. If not, you and your lawyer can bring a lawsuit against the insurance company for denying your claim instead.

Can You Sue an Insurance Company for Denying a Claim?

We are often asked, “Can you sue an insurance company for denying a claim?” If your lawyer believes suing the insurance company is the best way to resolve your case, he or she can file the paperwork for you. Your lawyer will start by organizing the evidence related to your case. This may include a copy of your insurance policy, letters from the insurance company, summaries of your phone calls with claims adjusters, the denial notice, a police report and your medical records. Then, your lawyer will file a lawsuit with the civil courthouse in your county in Texas, naming the insurance company as the defendant. The lawsuit will describe the legal issue – an insurance bad-faith claim denial – and request an amount in compensation to resolve the case.
The insurance company will receive notice of your intent to sue. It will then have the chance to respond. If the company reconsiders its decision and agrees to offer a fair settlement, this could be the end of your lawsuit. If the insurer continues to deny benefits, however, you and your lawyer may need to proceed to trial. If your side of the case can prove insurance bad faith, the courts will order the insurance company to pay out your original claim, plus additional compensation to penalize the provider. Work with a car accident attorney near you for assistance going up against a company for wrongfully denying your claim.

Contact a Dallas Insurance Claim Lawyer Today

At Aaron A. Herbert, P.C. we offer a complimentary consultation in which we will examine the facts of your case and advise you on how to proceed with your insurance claim case.

With 14 years of experience, Texas Board Certification, a client-centered practice focused exclusively on personal injury law, the highest possible AVVO rating, more than 50 jury verdicts, and membership in the Million Dollar Advocates Forum.

You will incur no attorney fees, court, or legal expenses unless you recover. Time to file is limited by state law, so call today at (214) 833-8167 to speak with an experienced car accident lawyer who can protect your right to a monetary recovery.

One of the biggest changes COVID-19 brought to Texas was stay-at-home orders. Many cities enacted mandates requiring residents to stay at home except for essential activities. As a result, traffic volume on some of Texas’ busiest streets drastically decreased. Law enforcement officers assumed this would correspondingly decrease the number of fatal car accidents. Unfortunately, it did not.

Death Rate in Texas Stays High Despite Decrease in Traffic

 In theory, a dramatic dip in the number of cars on the road should lead to the same type of drop in the number of fatalities from traffic accidents. Yet in Texas and many other states around the country, this was not the case during COVID-19 lockdowns. According to the most recent updates by the Texas Department of Transportation, the month of March 2020 saw 241 traffic accident fatalities. This was a decline of only 21% from March of 2019. This death rate is alarming since there was about half the number of cars on the road in March 2020 compared to 2019. The death rate should have also been cut in half, yet this was not the case.

What Is Causing Fatal Car Accidents During COVID-19?

 The explanation for the high number of deaths on the roads in Texas during a stay-at-home order is simple: drivers are being more reckless on emptier roads. A Facebook update from Ed Gonzalez, Sheriff of Harris County, stated that many of the fatal accidents during COVID-19 lockdown orders were during nonessential trips. Furthermore, he said that most of the deadly collisions involved reckless driving behaviors, such as speeding. Reports from around the country reiterate Sherriff Gonzalez’s sentiments, finding that most fatal accidents during stay-at-home orders occurred due to one or both drivers’ reckless actions behind the wheel.

• Traveling at excessive speeds
• Racing
• Running red lights
• Rolling through stop signs
• Ignoring rights-of-way
• Driving while drunk
• Texting and driving
• Driving while fatigued 

 Reckless drivers appear to be taking advantage of less traffic on the roads in Texas during COVID-19. They are speeding, racing and breaking other roadway laws, either with the belief that it is safe to do so due to less traffic or that they will not get caught due to fewer police officers on patrol. Breaking roadway laws, however, is just as dangerous as it was before the pandemic. Reckless drivers are the reason crash rates remain high despite fewer people being on the road. 

Pedestrians Are Especially at Risk in Texas 

 The disparity between low traffic volume and a high number of fatal accident rate is also apparent in Austin, where police reported 381 car accidents and 111 injuries in March 2020. March 2019, in contrast, had 450 accidents but only 99 injuries. Significantly, only one pedestrian died in March 2019, while three victims in March 2020 were pedestrians. This shows an increased risk of fatal accidents for pedestrians during COVID-19 conditions in Texas. 
 Pedestrians may be more at risk than others for fatal collisions during the COVID-19 pandemic due to driver inattention. Drivers may be paying less attention to the roads because of a decreased risk of encountering other drivers. There has also been an increase in the number of pedestrians walking, jogging and running in Texas during the pandemic. Gym closures due to COVID-19 have led to many people getting out and exercising on their own, in the streets. 

How to Stay Safe on the Roads in Texas During COVID-19

 Do not assume your risk of being in a vehicle, bicycle or pedestrian accident is lower because of less traffic in Texas during COVID-19. According to the most recent crash statistics, your risk of being in a fatal accident remains almost the same – and they may have even increased for pedestrians in Texas. 
 Do your best to avoid an accident by always paying attention when driving or walking around Texas. Obey traffic laws, including speed limits, even if you appear to be the only one on the road. Look both ways before turning, entering an intersection or crossing the road. If you get into an auto accident during the COVID-19 pandemic, contact a Texas car accident lawyer for a consultation about your legal options.

A car accident case in Texas can involve many different factors. One is the invalidity of one of the drivers’ licenses. Driving with a suspended license can lead to serious penalties in Texas. If a driver gets into an accident with a suspended or revoked license, the consequences for breaking the law can be even more severe.

Learn the potential consequences of driving without a valid license and causing an accident with a suspended license in Texas.

What Is a Suspended License?

A suspended driver’s license means the driver lawfully cannot operate his or her motor vehicle until driver’s license reinstatement. Some license suspensions are definite while others are indefinite. Definite suspensions have set timeframes, at the end of which the driver will be able to pay for reinstatement and start driving again. Indefinite suspensions can last as long as is necessary for the driver to complete the required actions, such as passing a safety course or satisfying a judgment.

In Texas, the Department of Public Safety may suspend a driver’s license for committing traffic infractions or crimes while operating a motor vehicle. Common reasons for license suspensions are excessive speeding, racing, drunk driving, reckless driving, red-light running, causing an accident and accumulating too many points on a driver’s record. Driving without insurance at the time of a car accident could also lead to license suspension under the Texas Safety Responsibility Act, as can causing an accident that results in personal injuries, deaths or more than $1,000 in property damages.

If the state suspends your driver’s license, it will notify you by mail to the address on record. It will explain the reason for the suspension, in most cases, and provide the option for a hearing. If you wish to schedule a hearing, you have 20 days from receiving the notice to do so. You may be able to argue the suspension at a hearing, with or without help from a traffic violation attorney. Reinstating your driver’s license after suspension takes fulfilling all the requirements and paying a $100 fee.

What Are the Penalties for Driving With a Suspended License?

You cannot drive on a suspended license in Texas. Doing so could result in a Class C misdemeanor charge. A conviction for driving on a suspended license in Texas can come with a fine of up to $500. You may also need to satisfy other fines, such as a $250 surcharge to reregister your license for the following three years.

You could face steeper penalties – a Class B misdemeanor – if you have a previous conviction for driving without a license, driving while intoxicated or similar offenses. A Class B misdemeanor conviction could result in heftier fines, as well as up to six months in county jail. Finally, driving with a suspended license can increase the timeframe of your suspension or lead to driver’s license revocation. Revocation is the permanent removal of your driving privileges.

What If You Cause an Accident in Texas on a Suspended License?

Causing an accident while driving on a suspended license can lead to severe penalties. You may face criminal charges depending on the situation. In addition to a traffic citation and hefty fines, you could also face civil liability for causing an auto accident. Civil liability will not depend on whether you were driving on a suspended license, although the victim may be able to hold this against you to make you a less reliable witness. Instead, your liability will depend on whether you were negligent or reckless in causing the car accident.

Proof of your fault for causing the crash could make you civilly liable for the victim’s damages. This will mean your auto insurance company must pay for the victim’s losses related to the crash, such as medical expenses and vehicle damages. Your insurance premiums will most likely increase if found guilty of causing an accident on a suspended license. Your insurance company may even drop you as a customer. You may also have to pay a significant amount more for SR-22 insurance – auto insurance for high-risk drivers. Hire a Dallas car accident attorney if you cause an accident while on a suspended license in Texas.

It may seem counterintuitive to file a personal injury claim in Texas if you do not have any personal injuries. If you consider the other potential ramifications of an accident, however, such as property damages, lost wages and emotional distress, you will understand how some clients can file claims without physical injuries. It may be possible to bring a claim to damages if you were in an accident that did not physically injure you. Consult with a Dallas personal injury attorney for more information about your specific case.

Negligent Infliction of Emotional Distress Suit in Texas

 Emotional distress is common damage sought during personal injury claims in Texas. It refers to damages other than a physical injury that arose from a traumatic accident. Living through or witnessing an accident such as a car crash could inflict many nonphysical injuries on a victim. The defendant at fault for causing the accident may be legally responsible for a victim’s emotional distress in Texas even if the victim did not have a physical injury.

• Mental anguish
• Psychological trauma
• Shock 
• Post-traumatic stress disorder
• Anxiety
• Depression
• Lost quality of life
• Diminished enjoyment of life
• Loss of someone’s love or companionship
• Grief or bereavement

 If someone was negligent, reckless, or malicious in causing an accident that gave you emotional injuries or distress, that person may owe you compensation. Although most personal injury claims in Texas involve physical injuries as well as emotional distress, some claimants can recover mental anguish damages without physical injuries. If you lost a loved one in an accident, for example, you could seek damages for your emotional distress through a wrongful death lawsuit.

How to Prove Emotional Distress

 If you wish to bring a claim for your emotional injuries alone, you will need to prove that the defendant negligently or intentionally caused your emotional distress. Hiring a personal injury lawyer could help you with this burden of proof. Your attorney will know what elements are necessary to prove to obtain compensation for emotional distress, as well as what evidence to gather on your behalf.
 In a claim for emotional distress alone in Texas, it is not enough to prove the defendant was negligent. You or your lawyer will need to prove that the defendant’s actions were particularly egregious. You must prove the defendant guilty of particularly outrageous or horrific behaviors to qualify for emotional distress damages alone in Texas. Additionally, if another tort applies to your claim, such as harassment, you may only be able to recover under that claim. In other words, you cannot file a separate emotional distress claim in addition to your harassment claim.
 Although it can be difficult to fulfill the increased burden of proof during a claim only for emotional distress, it is possible. Claimants in Texas have and do successfully obtain compensation for claims that do not involve physical injuries. Evidence that could help a plaintiff prove this type of case include psychological evaluation records, letters from therapists, eyewitness reports and testimony from mental health experts. A lawyer could help you identify sources of evidence for your particular emotional distress claim.

Contact a Lawyer About an Emotional Distress Claim

 In general, hiring a personal injury attorney could increase your odds of having a successful emotional distress claim in Texas. An attorney can let you know if you qualify to bring this type of claim, as well as what it will take to win compensation. Then, your lawyer can take over the legal process on your behalf. A lawyer could also be an asset if you wish to file a claim for other damages not related to physical injuries, such as lost wages from having to miss time at work or property damage repairs. Contact an attorney as soon as possible if you suffered emotional injuries in an accident in Texas.

No one can predict an auto accident. Collisions can happen when you least expect them – such as while on an out-of-state road trip or vacation. The insurance claims process can look different than it does in your home state after an out-of-state collision depending on the laws. Knowing what to do and how to handle these types of crash claims may take assistance from a local Dallas personal injury lawyer.

What Happens When You Get in an Accident in Another State? 

 The rules you are familiar with in your home state may not apply in a car accident in another state. If you live in Texas, for example, you might be familiar with the state’s fault-based car insurance laws. These laws state that the person who caused the car accident will be liable for victims’ damages. If you were driving in a no-fault state such as Florida or New York, however, fault for the collision may not matter. In no-fault states, all drivers seek compensation from their insurers regardless of fault, with exceptions for serious injuries. You may need a car accident lawyer in the state where your crash occurred for legal advice about how to proceed with a claim.
 First, take the steps you normally would after an accident in your home state. All states have similar hit-and-run laws that require drivers involved in collisions to stop and provide contact information. Pull your vehicle over and ask if anyone has injuries or requires medical assistance. Call 911 if the crash appears to have caused expensive property damages ($500 to $1,000 or more), injuries or deaths. Give your full name and contact information to the other driver. Provide proof of insurance if asked but do not admit fault for the car accident. Take photographs of your vehicle and the crash scene for use during an insurance claim.
 Complicated out-of-state car accidents often require assistance from attorneys. Hire a car accident lawyer if your crash involves expensive property damages, debilitating injuries, liability disputes, or a crime such as a hit-and-run or drunk driving. You may also wish to consult with a lawyer for an overview of the state’s car accident laws, including fault and comparative negligence statutes that may differ from your home state. A lawyer in the state where your crash occurred could assist with the insurance claims and/or personal injury lawsuit process.

Will My Car Insurance Cover Me in Another State?

 Yes, your car insurance covers you while driving in another state. In general, auto insurance policies do not have restrictions when drivers are out of state. If you permanently move to another state, however, your auto insurance company may have the right to deny your claim if you fail to update your address on your policy. Most states require you to update your insurance and acquire a state driver’s license within the first few weeks of residency. You will not need to change your insurance if you are simply visiting or driving through another state.
 After a car accident in another state, call your insurance company to report the wreck. Your insurance provider will explain the claims process and investigate the crash. If your insurance company believes the other party is at fault and liable for your damages, it may file a claim on your behalf. You might receive a phone call from the other driver’s insurance company within a few days after the collision in this case. Be careful when talking to the insurance claims adjuster, as he or she will want to minimize your recovery. Do not admit fault and do not accept a settlement offer without first consulting with a lawyer.
If you were at fault for the car accident or the crash occurred in a no-fault state, your own insurance carrier may cover your damages up to your policy’s maximum. It should not matter if your collision occurred out of state. Your insurance provider will still be liable for your damages according to the language of your insurance policy. You may be eligible for compensation for your medical bills and/or property damages through a first-party insurance claim. Discuss your insurance options and rights after an out-of-state car accident in more detail with a personal injury lawyer.
 

 No-fault insurance is a type of auto insurance that restricts a driver’s ability to hold someone else responsible for a car accident. It covers the policyholder’s medical expenses for injuries from an auto accident, regardless of fault, using personal injury protection (PIP) coverage. Mandatory PIP insurance in no-fault states offers benefits for medical care after a car accident. It does not, however, cover property or vehicle damages.

What Is No-Fault Insurance? 

 No-fault insurance is a type of car insurance that is mandatory in only 12 states. It places financial responsibility on the policyholder after an auto accident regardless of whether he or she caused the crash. PIP insurance covers the policyholder’s medical bills without having to prove fault. Most states, however, exclude property damage coverage in no-fault insurance requirements. Therefore, you may have to pay out-of-pocket for property damages in a no-fault state unless you purchase comprehensive or collision coverage.
 No-fault insurance aims to make the claims process more efficient by restricting litigation, reducing costs and avoiding delays in payouts. Since a driver does not have to prove fault, he or she can receive insurance benefits sooner than with fault-based insurance. The driver also does not have to pay for an investigation or litigation. In exchange for a faster and easier claims process, however, a driver in a no-fault state gives up the chance to hold the at-fault party liable for damages. This often means no payments for vehicle damages in no-fault states.

What States Are No Fault?

 Most states in the U.S. use fault-based auto insurance laws, with only 12 exceptions. These 12 states use pure no-fault laws, meaning all drivers must carry personal injury protection insurance. Living in a no-fault state means drivers file accident claims with their respective insurance companies, regardless of who might have caused the collision. In pure no-fault states, drivers will not have the option of filing fault-based car accident claims unless their injuries qualify as serious under the state’s threshold.

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah

 Other states are not true no-fault states but offer no-fault insurance add-ons to drivers. These states are Arkansas, Delaware, Washington D.C., Maryland, New Hampshire, Oregon, South Dakota, Texas, Virginia, Washington and Wisconsin. Drivers in add-on states have the option to add no-fault insurance to their regular fault-based policies. After an accident, these drivers can decide whether to file no-fault or third-party claims depending on which would foreseeably result in greater compensation.

What Is the Serious Injury Threshold?

 No-fault states bar most crash survivors from filing third-party claims unless their injuries are serious enough to qualify as an exception under the state’s injury threshold. This threshold differs from state to state. In general, serious injuries include broken bones, disabilities, or permanent scarring or disfigurement. If your accident is serious enough to meet the threshold in a no-fault state, a claim against the at-fault driver could pay for your vehicle damages as well as your medical bills. Otherwise, you might only qualify for vehicle repair compensation if you have the correct type of add-on insurance. 
 If you live in a fault-based car insurance state, the driver who caused your accident will be liable for your medical bills and any property damages. In Texas, for example, you may receive insurance benefits from the other driver if you or your car accident lawyer can prove his or her fault. All drivers in Texas must carry at least $25,000 in property damage liability insurance. This will pay for your vehicle repairs in an accident the other driver caused. If you caused the accident or live in a no-fault state, you may only receive coverage for vehicle damages if you have more than the minimum amount of insurance. The best way to ensure a fair insurance process after a car accident in any state is with help from a personal injury lawyer.

Even the most prudent driver cannot prevent blind spots. Blind spots are areas of the road that are impossible to see in one’s mirrors due to the design of the vehicle. It is possible, however, for a driver to mitigate the risks of blind spots and avoid accidents through maneuvers such as glancing over his or her shoulder before merging or changing lanes. When a blind spot does cause a car accident, it can be difficult to determine fault. The car accident may require an investigation of fault before victims can file personal injury lawsuits.

How Can Blind Spots Cause Accidents?

 A blind spot can be deadly at the wrong time and place. The inability to see surrounding vehicles when making a turn, backing up or changing lanes, for example, could lead to a collision between a vehicle and another driver, bicyclist, or pedestrian. All vehicles have blind spots. Longer vehicles, such as pickup trucks and semis, have larger blind spots than compact cars. Blind spots can lead to car accidents in many ways in Dallas.
 

• Accidents while reversing. Safely reversing a vehicle requires being able to look in a driver’s mirrors and see obstacles, pedestrians or children. Unfortunately, blind spots can prevent a driver from noticing objects directly behind the vehicle. This can lead to devastating collisions while reversing.

• Merge accidents. Merging onto a highway or road takes checking to make sure the way is clear before completing the maneuver. Although surrounding drivers should be courteous and allow the driver to merge, the merging driver has the responsibility of yielding the right-of-way and only merging when it is safe to do so. A blind spot could interfere with this ability. 

• Unsafe lane changes. Lane-change accidents are some of the most common car accidents in Texas. Many of these collisions occur due to blind spots impeding the driver’s view of the destination lane. A blind spot could hide a vehicle hovering next to the driver, for example, resulting in a serious lane-change collision.

 A driver often has the power to prevent blind spot accidents. First, the driver should do everything he or she can to prevent blind spots. This includes adjusting side and rearview mirrors correctly to see more of the road. A driver should be able to see both sides of the road and the rear fully in the mirrors. Then, the driver should be aware of potential blind spots when making turns or merging. A driver should look over his or her shoulder rather than relying on mirrors alone to see obstacles a blind spot may hide.

Why Is Your Blind Spot Especially Dangerous?

 Most drivers have blind spots. As a driver in Dallas, it is your legal responsibility to drive safely despite these blind spots. You must take measures to minimize your blind spots and ensure the safety of a maneuver before its execution. Your blind spot is especially dangerous due to the risk of striking a bicyclist or pedestrian. When driving around downtown Dallas, a blind spot could lead you to merge, collide, or turn on top of an oncoming bicyclist or pedestrian. Pay special attention to turn signal lights, bicycle lanes, and your blind spots in areas with vulnerable road users.

Liability for a Blind Spot Accident

 In most cases, liability for a blind spot accident will go to the driver that had the blind spot. A blind spot is typically not a suitable defense for crash liability since the victim could argue that another reasonable and prudent driver would have been able to work around the blind spot and prevented the accident. If two vehicles merge at the same time and collide, however, liability can be more difficult to determine. In this situation, an investigation may be necessary to determine which driver was in the wrong. The at-fault driver will be the one who did not have the right-of-way, in most cases. A portion of liability for a blind spot accident may go to both drivers depending on the situation. Speak with our Dallas injury lawyer if you were in an accident and need legal advice.

Many car accidents are not black and white. Even if you believe the other driver is 100% at fault for your collision, he or she might have a different opinion. It is common for the victim of a car accident to be at least partially to blame. The victim might have been speeding, for example, when another vehicle pulled out in front of him or her. This case could involve the shared liability of both the plaintiff and defendant in a car accident claim. In Texas, you can still bring a cause of action and obtain compensation when you are partially at fault for a car accident.

 Texas’ Modified Comparative Negligence Law

 Most states have transitioned from contributory to comparative negligence laws. In states that still abide by strict contributory negligence laws, even the smallest amount of fault on a plaintiff’s part will bar him or her from financial recovery. If you live in one of these states (Alabama, Maryland, Virginia, North Carolina and the District of Columbia) and are partially at fault in a car accident, you might be unable to sue. Speak to a Dallas car accident lawyer before assuming you do not have grounds for compensation, however.
 Luckily, Texas is a comparative negligence state. In Texas, you can still file a claim even if you contributed to the crash that injured you. Texas’ modified comparative negligence law – the law of proportionate responsibility (Texas Civil Practice and Remedies Code 33.001) – states that in an action with a claimant’s comparative fault, he or she may still be eligible for partial financial compensation. Under this law, you have the right to file an insurance claim or injury suit for damages even if you were at fault for the car accident.
 In a crash you contributed to, you could receive a reduced compensatory award. The courts will subtract an amount from your financial recovery that is equal to your percentage of comparative fault. Texas’ modified comparative negligence rule means the state caps the ability to recover damages at 50%. If the defendant can prove to a judge or jury that you were more than 50% at fault for the auto accident, you could lose all right to recover compensation. The defendant’s ability to prove your majority share of fault would result in $0 in a settlement or verdict for you in an auto accident claim.

 Does Insurance Pay If You’re Partially At Fault?

 On top of using a modified comparative negligence law, Texas is also a fault-based insurance state. After a car accident in a fault-based state, all victims will seek financial compensation from the insurance provider of the at-fault party. In a case involving comparative negligence, however, insurance rules can be difficult to maneuver. Bring your initial claim with the other driver’s insurance company. Start with a third-party claim for the best odds of maximizing your recovery award. Then, report the crash to your insurer as well.
 The other driver’s insurance company will investigate the crash to determine fault. Meanwhile, hire a car accident lawyer to investigate things for you. Your personal injury lawyer may find evidence that contrasts what the insurer finds. Your lawyer can also represent your rights and interests during insurance settlement negotiations, fighting against bad faith practices or allegations of comparative negligence. A lawyer can improve your odds of minimizing your percentage of fault and maximizing your financial recovery.
 In a crash you contributed to, you might seek recovery from your own insurance provider as well. In this case, you cannot recover the costs of pain and suffering. Your insurer may, however, pay for your medical bills and vehicle repairs. Since the other driver also contributed to the crash, you might be able to seek pain and suffering damages from his or her insurance provider. The rules of comparative negligence during an insurance claim or car accident lawsuit can be tricky to navigate. Contact an attorney for assistance filing your claim if you believe you are partially at fault for a car accident in Texas.

Adults are not the only ones who make mistakes that injure others. Children and minors can also be guilty of negligence, recklessness, maliciousness and the wanton disregard for the safety of others. If a minor caused your accident in Texas, you may be able to hold him or her directly responsible. You might also have grounds to bring a case against the minor’s parents, depending on the situation.

Can You File a Case Against a Minor?

 Yes, you can file a case against a minor after an accident. Texas’ civil laws give you the right to bring a cause of action against any individual or entity that negligently, carelessly, recklessly or intentionally caused your accident. If a 16-year-old driver crashes into you while texting and driving, for example, you could file a case against the minor for your damages. Under Texas’ parental responsibility law, however, your case may technically go to the minor’s parents rather than the child himself or herself.

In a car accident case specifically, you can file a claim against the at-fault driver’s insurance company. For a minor driver, this will most likely be his or her parents’ insurer. When a minor drives a car, the insurance of the vehicle’s owner should cover damages related to an at-fault auto accident. You will go about your claim as you normally would with the vehicle owner’s insurance provider.

In some personal injury and property damage claims, you can file a lawsuit directly against the minor instead.

This might be possible if the parents do not have insurance that covers the minor, for example. You and your lawyer can go to court and request a legal judgment determining how much the minor owes you. Upon the minor turning 18, he or she will have to pay you what he or she owes. The legal process against a minor, however, can be long and complicated.

Parental Responsibility Laws in Texas

You might be able to file a claim against the parents of the child who caused your accident in some cases. The State of Texas passed a law holding parents civilly liable for the acts of their minor children in some situations. Texas Family Code 41.001 states that a parent or someone else with the duty of control and discipline over the child will be liable for any property damages the child causes, in certain circumstances.

• The child was negligent in his or her conduct. This will be a valid reason to hold a parent vicariously liable if the child’s negligence traces back to the negligent failure of the parent or legal guardian. For example, if the parent negligently failed to supervise a child while using fireworks, and the child negligently sets fire to your property, the parent could be liable for the negligence of the child.
• The child was willful or malicious in his or her conduct. If the child is at least 10 years old but under 18, and your lawyer can prove his or her actions in destroying your property were willful or malicious, the parents will be vicariously liable. This may take proving the child’s knowing intent to destroy your property. Your lawyer will not need to prove the parent or guardian’s negligence if you base your case on this grounds.

 If you pursue compensation through the willful or malicious intent route, the cap on the damages you could receive from the child’s parent or guardian is $25,000 per occurrence, plus reasonable attorney’s fees and court costs. Under the traditional principles of common law liability, a parent could still be vicariously liable for the actions of his or her child even if one of these two circumstances does not apply.

If a parent knows of a child’s propensity to destroy property, for instance, but does nothing to reasonably prevent an altercation, the parent may be liable for resultant damages. Hire a Dallas personal injury attorney to help you understand liability and parental responsibility after an accident involving minors in Texas.

Brake checking occurs when one driver abruptly hits the brakes while another is following him or her too closely. It is a dangerous practice that can lead to a rear-end collision. Brake checking often goes hand-in-hand with aggressive or road rage driving. Drivers may become angry at the person who did the brake checking, leading to assaults or acts of violence on top of a car accident. As a driver in Texas, you should never brake check another vehicle. You could end up liable for an accident, and potentially end up in a personal injury lawsuit.
 

What Is the Point of Brake Checking?

A driver might be guilty of brake checking if he or she slams on the brakes without reason – such as without a red light or an obstacle causing the car to stop. Most drivers brake check to communicate to drivers behind them that they are following too closely. A driver may brake check as a warning, letting the other driver see that he or she may not be able to stop fast enough if following too closely. The goal is usually to force the following driver to allow for a greater distance.
Brake checking is an aggressive driving tactic that is not the standard procedure for these situations. If someone is tailgating you, calmly switch lanes to allow that driver to pass. Even if the following driver is speeding, tailgating, driving aggressively or otherwise in the wrong, do not put yourself at risk by brake checking the driver. Put your blinker on and move out of the other driver’s way when it is safe to do so. If you are on a two-lane road, try to ignore the driver until you can switch lanes. If you feel in danger, pull off to the side of the road someplace safe to let the driver pass.

Is Brake Checking Illegal in Texas?

Texas does not have a specific law in place that makes brake checking illegal. However, It does have laws requiring drivers to maintain safe following distances (Texas Transportation Code 545.062).
This law states that while following another vehicle, a driver must leave enough distance to ensure he or she can stop without colliding with the front vehicle.
Texas also has a law prohibiting reckless driving. Texas Transportation Code 545.401 makes it an offense to willfully or wantonly operate a vehicle with a disregard for the safety of others.
If you brake check someone and cause a car accident, the police can cite you for reckless driving.

Who Is at Fault for a Brake Checking Car Accident?

Fault matters in a car accident case in Texas. Like most states, Texas uses a traditional tort-based law to determine financial responsibility, or liability, for an auto accident. Before you can recover financial compensation from an insurance company, you or your car accident lawyer must determine and prove the other driver’s fault for the brake checking accident. Fault is a complicated concept in a brake checking wreck, as it presents a unique spin on a typical rear-end car accident case.
For the most part, the rear driver is responsible for a rear-end collision in Dallas. It is the rear driver’s responsibility to keep an adequate following distance, pay attention to the road and hit the brakes when other drivers reduce their speed. In a brake checking accident, the rear driver could face liability for the collision, as it was his or her duty to hit the brakes in time to avoid crashing into the back of the lead driver.
If, however, the act of brake checking was so abrupt or severe that a reasonable and prudent driver would not have been able to avoid a rear-end collision, the person doing the brake checking can face liability for the crash. Since brake checking is an example of reckless or road-rage or driving, the driver who committed the action might bear partial or full responsibility for a resultant rear-end collision. The driver who is ultimately at fault for a brake checking car accident will depend on the circumstances of the case.

 Can You Be At Fault for Brake Checking?

It is possible to be at fault for a rear-end collision caused by brake checking. Although a rear-end collision will be the fault of the following driver in most cases, if that driver can prove you abruptly slammed on your brakes for no reason, you might at least share liability for a crash. Texas is a modified comparative negligence state. If the other driver can prove you contributed to the car accident by brake checking, you might receive less money – or none at all – in an injury or property damage lawsuit. If the courts find you more than 50% at fault for brake checking, you will lose any right to hold the other driver liable.
Brake checking is unsafe. It can cause or contribute to a rear-end collision in Texas. You could receive a ticket for reckless driving if brake checking causes you or the driver following you to crash. You could also face liability for the wreck. If the other driver swerves out the way, for example, and collides into a guardrail, you could share fault for the accident – even if the other driver was following too closely. If a tailgater annoys you, switch lanes and let him or her go around. Write down the driver’s license plate number as he or she passes. Report reckless drivers to the nonemergency police number in your county.

What to Do If You’ve Been in a Brake Check Wreck

You can protect your legal rights after a brake check car accident by following through with certain actions. These actions allow you to document the crash, collect evidence against the other driver and protect your physical wellbeing. If you cannot complete all of these steps, don’t panic. Contact a personal injury lawyer in Dallas for assistance in the aftermath of a crash.
Steps to take after a brake check wreck include:

1. Remain calm and don’t shout at the other driver. Brake checking accidents often involve road rage or driver disputes. Do your best to stay calm and discuss things rationally with the other driver.
2. Call the police. Check yourself and people in the other vehicle for injuries. Call 911 to report the crash, even if it was minor. If anyone is injured, request an ambulance. When the police arrive, make sure they record your side of the story.
3. Do not admit fault. Do not even engage the other driver in conversations about fault. Explain that neither of you has to admit fault right now; the police and your insurance companies will investigate the accident to determine fault.
4. Collect as much information as you can. Exchange names and contact information with the other driver. Write down a description of the crash while the details are still clear in your mind. Take photographs and get the names of eyewitnesses. Write down your police report number, as well.
5. Go to the hospital. Before you focus on a car insurance claim, protect your health and safety by going to a hospital in Dallas without delay. Follow your doctor’s treatment plan and request copies of all relevant medical records.

Once you are ready, call your insurance company to file a claim. Do not accept a fast settlement and do not give a recorded statement. Before you settle your claim, consult with a Dallas car accident lawyer. Brake checking accidents are complicated and can lead to difficult liability disputes. A lawyer can help you argue your side of the case, protect your legal rights and fight for the most favorable outcome possible.

As the victim of an accident in Texas, you will need to deal with many processes you might never have encountered before. Sorting through the insurance system in pursuit of compensation for your claim can be difficult as the injured party. Insurance subrogation can make things easier. Subrogation is a common process in which your insurance company gives you money for your damages upfront, then goes up against the defendant for reimbursement. A Dallas personal injury attorney can help you understand subrogation after a serious accident in Texas.

What Is Insurance Claim Subrogation?

 All insurance companies reserve the right to bring their own claims against at-fault parties after harmful accidents. Subrogation is the term used to describe this legal right. If someone else gave you an injury, for example, and your car insurance company fronts the costs of medical care, your insurer will then have the right to seek compensation from the at-fault party to repay what it spent on your care. Since you did not cause the accident, your insurance company may not intend to pay the costs. Subrogation is the insurance company’s right to pursue repayment from the at-fault party.
 Subrogation specifically refers to the act of one party filing a lawsuit on behalf of another to collect a debt. It is the process by which an insurance company pursues recovery of the financial losses it – or its policyholder – incurred due to the carelessness or negligence or a third party. Successful subrogation could repay the insurance company for what it paid on your claim. It could also end in some reimbursement for you, such as for any deductibles you paid your insurer to receive the coverage. Subrogation is most common after auto accidents, especially when you file a claim with your own auto insurance provider for a crash you did not cause (e.g. an uninsured/underinsured motorist claim).

 How Long Does a Subrogation Claim Take?

 If your insurance company decides to subrogate your claim, you should receive payment for your vehicle repairs, medical bills and other expenses from your insurance company right away. You will file a first-party claim and receive benefits within 15 to 30 days, in most cases. Your insurance company will need to notify you if it plans to subrogate your claim. If subrogation succeeds, you can receive your deductible back. If your insurance company does not subrogate your claim, you may have the right to seek the reimbursement of your deductible from the defendant on your own.
 Your role is generally small in insurance claim subrogation. Your insurance company and the claims process will need minimal involvement from you. If the other driver or party was clearly at fault for your accident, it may be easy for your insurance company to receive reimbursement from the defendant. A simple subrogation claim can take around 30 days to a couple of months to complete from start to finish. If, however, it is difficult for the insurance company to prove the defendant’s fault, subrogation could take longer. A subrogation claim could take one to several years in complex cases.
 Some insurance policies have waivers of subrogation. This is a provision in the policy in which the insurance carrier waives its rights to subrogation. Insurance policies with these provisions often cost more, since it puts the insurer at greater financial risk. If your insurance company chooses to subrogate your claim, you cannot seek damages yourself from the third party that caused your accident. You cannot seek recovery from both your insurer and the at-fault party. It is important, therefore, to choose your recovery method wisely before you file. Speak to a Dallas injury attorney before deciding how to file your claim. A lawyer can review all your options and choose the one with the best odds of fully reimbursing you for your losses.

If a driver leaves the scene of an auto accident without stopping and fulfilling his or her legal obligations, it is the crime of hit-and-run. Hit-and-run laws in Texas are serious, penalizing perpetrators with consequences such as hefty fines and potential jail or prison time.

As a driver, it is important to know hit-and-run laws in Texas to stay out of legal trouble. Texas hit and run laws can be vast and hard to read and sometimes a car accident lawyer is the right personal to call. A Texas car accident lawyer can also help you understand your rights if you become the victim of a hit-and-run accident.

What Is a Hit-and-Run?

Motor vehicle drivers have dozens of responsibilities they accept when they get behind the wheel. One of these duties in Texas is to stop at the scene of any accidents. State law requires you to pull over immediately after getting into a car accident, whether the vehicle you struck is occupied or unoccupied. You must park as close as you safely can to the scene of the collision and check for injuries. State law requires you to do your best to assist anyone with injuries, such as by calling the police or offering the victim a ride to the nearest hospital.

If the car accident involves a personal injury, fatality, broken roadway law (e.g. a drunk driver), uninsured driver, property damage above $1,000 or a hit-and-run, call the police to report the crash from the scene. Note the location of the crash, the names of those at the scene and the contact information of any witnesses. Obtain the other driver’s insurance information if he or she stayed at the scene. Always call the police after a hit-and-run so they can inspect the crash scene for evidence that could identify the at-fault driver. Failing to stop at the scene of a wreck and fulfill your driver’s duties is a hit-and-run crime.

What Are the Legal Responsibilities After a Car Accident?

According to Texas Revised Statutes Section 550.021, if a driver is in an accident involving personal injury or death – or a crash that is reasonably likely to result in injury or death – he or she has several legal responsibilities. Ignoring these responsibilities and fleeing the scene is dangerous, as it means injured victims may not receive the professional medical care they need. The legal responsibilities after a car accident in Texas are:

1. Immediately pull the vehicle over as close to the accident scene as possible.
2. Immediately return to the scene if you did not stop.
3. Determine if anyone involved in the accident requires aid.
4. Render reasonable assistance to anyone injured.
5. Exchange information with the other driver.
6. Call the police if the crash involves injuries, deaths or more than $1,000 in damage.
7. Remain at the scene of the car accident until you have given your information and rendered aid.

If the car accident involved striking an unattended vehicle, the legal responsibilities are to locate the owner or leave a note in a conspicuous place with your name and address. If the collision was with a fixture or highway landscaping, you must take reasonable steps to report the accident to a person of authority. If the damage is worth more than $1,000, you must also file a police report.

Failure to fulfill these legal responsibilities after a car crash in Texas is a hit-and-run.

Can You Deny a Hit-and-Run?

The biggest issue with hit-and-run accidents is identifying the driver that caused the damages. The responding police officers may take steps to try to identify the driver that fled the scene, such as examining any debris or paint chips the offending vehicle left behind or talking to eyewitnesses. Sometimes, however, the police make mistakes. Upon reviewing surveillance cameras, monitoring the neighborhood and taking other steps to identify the hit-and-run driver, the police may apprehend the wrong suspect.

If the police wrongfully accuse you of committing a hit-and-run, you have the right to deny the charges and plead not guilty. With a lack of evidence against you, the prosecution may have no choice but to drop the charges. If the prosecution has evidence putting you at the scene of the crime, however, the criminal courts may proceed with the case and even find you guilty, depending on the circumstances.

Hit-and-run is a crime in Texas, not just a civil wrongdoing. A conviction can come with serious criminal consequences. Always remain at the scene of an auto accident to avoid criminal charges.

What are Texas Hit-and-Run Laws Penalties?

What are Texas hit-and-run laws penalties? Causing a car accident and driving away without stopping can have criminal and civil ramifications. On the criminal level, leaving the scene of an accident can result in a misdemeanor or felony conviction. The severity of the crime will depend on the seriousness of the injuries or damages caused. It could be a felony if the hit-and-run causes serious bodily injury or death. The penalties for hit-and-run in Texas include six months in county jail to 10 years in state prison and/or fines of $500 to $5,000 or more.

The civil consequences could include having to pay for a victim’s damages in restitution, either through the at-fault driver’s auto insurance company or out of pocket. If you are the victim of a hit-and-run accident in Texas, you could be eligible for compensation if the police find who caused your crash. If the police do not catch the perpetrator, you may still be able to obtain compensation through your own uninsured/underinsured motorist insurance, if available.

What Should I Do If Someone Hit Me and Fled the Scene?

If someone hit you in Dallas, Texas and fled the scene without stopping, rendering aid and exchanging information, there are certain steps you need to take to ensure the full protection of your legal rights. Your car accident case will look different from a standard crash, where you would have the other driver’s information.

If you are able, take the following steps to protect your rights as the victim of a hit-and-run accident:

1. Get to a safe place. Move out of the road, if you can, and find a safe place to pull over and wait.
2. Check for injuries. Determine whether you or others involved have any injuries.
3. Call 911. Use a cell phone to call the police and report the hit-and-run accident.
4. Request an ambulance. If anyone is injured, ask the police to send paramedics.
5. Talk to eyewitnesses. Eyewitnesses may have details about the driver that fled the scene.
6. Write down what you remember. While the memory is still fresh, write down a description of the other car or license plate numbers, if you have them.
7. Take photographs. Capture pictures of the crash scene, if possible.
8. Go to a hospital. Go to the nearest hospital in Dallas for professional medical care.
9. File an insurance claim. Call your own auto insurance company to file an initial claim.
10. Contact a car accident lawyer in Dallas. Before you settle with your insurer, consult with an attorney for advice.

A hit-and-run accident attorney in Dallas can guide you through the claims process to make sure you do not settle for less than your case is worth. Your lawyer can search for sources of financial compensation, including your own insurance provider or a third party, such as the government. From there, your lawyer can negotiate with a claims adjuster for fair and full compensation for the full extent of your losses.

If a settlement is not possible, your lawyer can take your hit-and-run accident case to court instead.

Contact a Hit and Run Lawyer Today

A hit-and-run car accident will lead to a confusing legal process. An experienced hit-and-run lawyer can make things easier for you and your family by taking over a legal claim on your behalf. You do not have to handle a lawsuit on your own. Contact a Dallas injury lawyer for more information about your case.

Who’s At Fault in a T-Bone Accident?
T-bone accidents, also called broadside and side-impact collisions, can easily be catastrophic. Vehicle drivers and passengers can sustain serious and life-threatening injuries in T-bone accidents. Texas is a tort-based insurance state, making it necessary to identify the at-fault party before you can obtain compensation for a T-bone accident. You might need a Dallas personal injury lawyer’s assistance in determining fault after this type of auto accident.

What Type of Injury Is Commonly Associated With T-Bone Accidents?

A T-bone accident happens when one vehicle collides with the broadside of another, forming the shape of a T. Side-impact crashes can cause many serious injuries to all parts of the body. One of the most common injuries is whiplash. Whiplash is a soft-tissue injury of the neck that may involve a muscle strain or sprain. Whiplash is common in T-bone accidents due to the sudden jerking of the head and neck one way and then another. This jerking motion could be enough to strain or tear the tendons and ligaments of the neck. A T-bone accident could cause many different personal injuries.

• Cuts or lacerations from shattered glass
• Chemical rash from airbag deployment
• Back and spinal cord injuries
• Nerve injuries
• Internal organ damage
• Burn injuries
• Head and skull injuries
• Traumatic brain damage
• Broken bones
• Crush-related injuries

A devastating T-bone accident could also cause emotional injuries, including mental anguish, anxiety, nightmares and psychological trauma. Victims with injuries from side-impact crashes in Texas may be eligible to recover financial compensation for their losses and damages. This could include compensation for medical bills, lost earnings, pain and suffering, and vehicle repairs. To obtain compensation, however, victims will need to determine and prove fault under Texas’ tort-based insurance system. This will take identifying the at-fault party.

How Do T-Bone Accidents Happen?

T-bone accidents in Texas occur most often when one or more drivers break the rules at intersections. Intersections are dangerous areas where it is imperative for all drivers to follow applicable traffic laws, including traffic signals and rights-of-way. If a driver breaks a rule at an intersection, it could place his or her vehicle in a dangerous position – such as directly in the path of an oncoming vehicle.

• Turning left in front of an oncoming vehicle
• Turning without the right-of-way
• Running a red light
• Rolling through a stop sign
• Speeding
• Driving drunk or drugged
• Driving distracted
• Texting while driving
• Making an unsafe or illegal U-turn

Most T-bone accidents stem from driver error. Some, however, relate to dangerously designed roadways and intersections. If a city planner did a poor job of designing a reasonably safe intersection and this contributed to a side-impact accident, the government could be responsible for paying victims’ damages. The law gives you the right to file a lawsuit if someone else caused your T-bone accident. Even if you partially contributed to the crash, you could still be eligible for compensation under Texas’ comparative negligence law.

Should You Hire an Attorney?

Litigating a T-bone accident claim can be difficult. The other driver might refute fault or his or her insurer might deny your claim to damages. The defendant may also allege your comparative negligence in causing the collision. The most effective way to combat insurance bad faith practices and prove another party’s fault for your broadside accident is by hiring a lawyer to represent you during negotiations.
Consult with a lawyer about your rights as soon as possible as the victim of a T-bone collision. You do not have an unlimited amount of time to bring a claim. Texas’ statute of limitations gives you no more than two years to file a lawsuit for your injuries. If you miss this deadline, your lawyer will most likely be unable to convince the courts to hear your case. The defendant could use the missed deadline against you to make your claim invalid. Contact an attorney right away after a T-bone accident in Texas.

You might assume every driver on the road is as responsible as you are when it comes to purchasing and maintaining automobile insurance. Unfortunately, this is not the case. Hundreds of drivers in Texas operate motor vehicles while uninsured. If one of these irresponsible drivers causes your car accident, it can be difficult to obtain fair compensation for your damages. You may need to file a first-party claim, bring a lawsuit or hire a car accident attorney for assistance.

Should I Report the Accident?

In Texas, you generally do not have to report a car accident unless it causes injuries, deaths or more than $1,000 in property damages. An exception exists, however, for accidents involving broken laws – including the failure to meet the state’s insurance requirements. If the other driver involved in your crash admits to not having insurance, call the police. Dial 911 from the scene and explain that you were in a wreck with an uninsured driver. Wait at the scene until the police arrive.
The police can ticket and fine the uninsured driver, as well as suspend his or her license to force the driver to get insurance before getting back on the road. The police can also write up a report on your car accident, cataloging the most important details for an insurance claim later. Your police report can include facts such as what direction each vehicle was traveling, where the impact occurred and who might have caused the crash. You can use the police report in the future as evidence for your insurance company.

Should I Call an Insurance Company?

Collisions with uninsured motorists take different insurance processes than typical car accidents in Texas. With two insured drivers, the insurance company of the at-fault driver will pay for victims’ damages. If the at-fault driver does not have insurance, however, the other driver will have to file a first-party claim instead. The other driver will seek damage recovery from his or her own insurance provider.
If you get into a car accident with an uninsured driver, start the claims process by calling your own insurance company. Call the phone number on your insurance card and state that you have been in an accident with an uninsured motorist. Your insurance agent can inform you whether or not you have uninsured/underinsured motorist insurance. This is an optional type of insurance in Texas that can cover your damages after a crash with someone who does not have insurance.
If you do have uninsured motorist insurance, your own company should front the costs of your medical bills and property repairs. Your company may also offer to pay part of your damages if the other driver has insurance, but not enough to cover the full costs of your losses. If you do not have uninsured motorist insurance, however, your only option for recovery may be a personal injury lawsuit.

Should I Get Legal Help?

Get legal help if you do not have uninsured motorist insurance, your insurance company has denied your claim, you suffered catastrophic injuries or you need to take your case to court. A car accident attorney in Dallas can help you through this complex type of case, pointing you in the right direction for financial compensation. Since the uninsured driver most likely does not have the funds to fulfill a judgment award, for instance, a lawyer can search for other parties who may be responsible for your losses, such as the at-fault driver’s employer.
At the Law Offices of Aaron A. Herbert, we can review your uninsured motorist accident for free at our local law firm. Then, we can use years of practice area experience to guide you to the right solution, whether that is a first-party claim, third-party claim or personal injury lawsuit. Partnering with an attorney can help you fight for fair compensation regardless of the circumstances of your accident.

If you are one of the first to the scene of an accident, you have certain responsibilities. Whether Texas law requires it or not, you should remain at the scene and assist those in need. You may have the power to save a life as a witness. Although you should never move an injured person unless he or she is in immediate danger, you could take other actions to help, such as calling the police. You could also lend your assistance by testifying about what you saw. To learn more about Texas accident laws consult with an expert Dallas personal injury lawyer today!

By Texas Law, What Is a Witness Required to Do?

By Texas law, a witness does not have any legal responsibilities at the scene of an accident or thereafter. No law requires witnesses to stay or render aid unless they were directly involved in the accident. If you were in an accident in Texas, you must call the police if it caused injuries, deaths or more than $1,000 in property damage. If you only witnessed the accident, you are not legally obligated to call the police or render assistance to those injured. It could save a life, however, if you choose to remain on the scene and be a Good Samaritan.
Do not be afraid of becoming liable for someone’s injuries if you stop to help that person at the scene of an accident. Texas, like many states, has a law that protects Good Samaritans from liability for rendering good faith assistance. The Good Samaritan Law states that if you witness an accident and stop to help those involved, the accident victims cannot file claims against you, even if you unintentionally worsened their injuries or damaged their properties. It protects any witnesses, volunteer first responders and unlicensed medical personnel who act in good faith to help others at the scene of an accident.
If you witness an accident in Texas, remain at the scene and help as much as possible. Do not assume another person has already notified the police. Call 911 yourself if you see anyone with injuries or property damage that appears to exceed $1,000. Ask those involved if they need you to call an ambulance. Try to not move any injured person unless he or she is in imminent danger, such as in a burning vehicle. Moving someone the wrong way could exacerbate an injury. Instead, stay with the person and try to keep him or her calm while you wait for paramedics.

Do You Need to Testify?

Another way in which you could help accident victims is with your testimony. Testifying about what you witnessed could clear up confusion about how the accident occurred. If you remain at the scene of the accident until the police arrive, they may ask you to give a recorded statement about what happened. It is up to you to give the statement or not. You can also leave your name and contact information with those involved in the accident.
While giving a statement or testimony about an accident you witnessed, stick to the facts and only answer the questions asked. Do not embellish or speculate about fault. Answer honestly and accurately. The only time the law will force you to testify as an accident witness is if you receive a subpoena to do so. A subpoena is a court order requiring the named party to testify or appear in court. If you do not receive a subpoena, you do not have to testify if you do not want to.

Can You Decline a Court Appearance?

Most car accident cases settle without requiring trials in court. Some severe or complex cases, however, may go to court to resolve. If an accident you witnessed ends up in court, one or both sides may call you in to appear as a witness. Your account of events could be a type of evidence. You may have to make a statement under oath and answer questions from one or both attorneys. Again, the only time you will have to appear in court or attend a deposition is if you receive a subpoena. Without a subpoena, it will be up to you whether or not to appear in court if asked. If you choose to go to court, prepare to answer questions from both sides about what you saw.
 

In the busy city of Dallas, minor collisions such as hitting a parked car happen daily. It is a driver’s legal responsibility to remain at the scene and fulfill certain obligations before leaving – even if no one was around to see the accident occur. Hitting a parked car and leaving without fulfilling these duties constitutes the crime of hit-and-run in Texas.

No matter which side of a hit-and-run you were on, learn what laws may apply to your case. Learn more about hit and run laws from our Dallas personal injury lawyer.

Texas’ Hit-and-Run Laws

Texas Transportation Code Title 7, Section 550.001 contains the state’s main hit-and-run law, described as a driver’s duties following an accident. It states that anyone involved in a wreck with another driver or with a parked vehicle must stop as close to the scene of the collision as possible. The driver must determine if anyone involved in the crash needs medical assistance. In a crash involving a parked, unattended vehicle, a driver must remain on the scene until he or she has fulfilled the required duties under Section 550.024.

• Taken reasonable measures to locate the owner of the vehicle
• Left a note in a visible place with the driver’s name and address
• Included how the accident happened
• Left other contact information, such as a phone number
• Given the name of the driver’s insurance company

Striking a parked car and fleeing the scene is a hit-and-run in Texas. The charge for this crime is either a Class C or Class B misdemeanor depending on the value of the damage to all vehicles. Damage exceeding $200 is a Class B misdemeanor. If the accident caused bodily injuries, the hit-and-run could be a felony crime, punishable with a jail or prison sentence and/or fines.

What To Do if You Accidentally Hit a Parked Car

Hitting a parked vehicle in Dallas is a simple mistake thousands of drivers make each year. Texas has insurance requirements for just such reason. Your insurance company should cover the damages to the other person’s vehicle. Your insurance premium may increase, but you will not face criminal charges if you remained at the scene and fulfilled your duties.

You can get into much more trouble if you commit a hit-and-run. If you strike a parked car in Dallas, remain at the scene and provide the required information, either to the owner if you locate him or her or in the form of a note.

What To Do if Someone Damaged Your Parked Car and Left

If you were the victim of a parked car hit-and-run accident in Dallas, you have rights. Remain calm and document the collision. Immediately ask around for anyone who may have witnessed the accident. Record their statements using your phone, if possible. Take photographs of the vehicle damage, the location of the accident and any other visible evidence. Call the police to report the hit-and-run. Even if the damage does not look severe, the police can write an official accident report you can give your insurance company.

Texas is a traditional fault state when it comes to car accidents. If the at-fault party flees the scene without leaving information, however, you will seek damage reimbursement from your insurance company instead. Uninsured/underinsured motorist insurance is an optional type of coverage in Texas. Your insurance agent will tell you if you have this coverage. If so, it will pay for your damages after a hit-and-run collision. You may end up paying out of pocket, however, if you do not have this type of insurance.

Could You Sue for Hit-and-Run?

If the police catch the driver that hit your parked vehicle and ran, you will have the right to file a civil claim against the driver. A civil claim differs from a criminal one. It serves to reimburse you for your property damage repairs and other related damages, not to punish the perpetrator for a crime.

You may bring your action during an ongoing hit-and-run criminal trial or you may wait until the trial ends. The Texas courts will toll your statute of limitations until the completion of a criminal case involving the hit-and-run driver. To learn more, speak to an experienced Dallas car accident lawyer about what your options are for filing an accident claim for your damages.

Click to read a more in-depth dive into Texas Hit-and-Run Laws.

Texting is one of the most dangerous driver habits. Texting takes a driver’s eyes off the road and mind off the driving task. It can also take one or both hands off the steering wheel. Someone who is texting while driving cannot dedicate 100% of his or her attention to the road. This can lead to devastating auto accidents.
In 2017, around 3,170 people in the U.S. lost their lives because of distracted drivers. In the last six years, 10% of all fatal car accidents involved at least one distracted driver. Texting and driving is a deadly trend that has contributed to hundreds of fatal accidents. Almost two years ago, Texas enacted a law prohibiting texting while driving to help reduce the number of distracted drivers on the road.

No Accident, No Jail Time

Texas’ texting while driving law places a universal ban on using a handheld electronic device to send, read or write electronic messages behind the wheel. The law covers texting as well as emails, instant messages, Facebook chats and other forms of text communication. In an interview regarding the new law, the executive director of the Texas Department of Transportation, James Bass, said that distracted driving causes 20% of car accidents in the state. He also said he hopes the law will reduce collisions and save lives.
According to an existing law, drivers under the age of 18 cannot use cellphones in any way while driving, including making phone calls or texting on hands-free devices. The penalty for violating Texas’ texting and driving law is a ticket and a fine. Drivers will pay $99 for a first offense and $200 for each subsequent offense. Some cities in Texas have passed their own ordinances banning cellphone use or imposing higher fines on offenders.
A police officer can conduct a traffic stop and charge a driver for texting and driving with primary enforcement in Texas, meaning the police officer does not need another reason to stop the driver – reasonable suspicion of texting while driving is enough. A driver will not go to jail for texting and driving in Texas if the driver did not cause a car accident, injuries or deaths. However, texting while driving could lead to jail time if an accident occurs.

When Could a Driver Go to Jail for Texting While Driving?

Texas lawmakers take distracted driving accidents seriously. Causing an accident because of any form of distracted driving – including texting or another type of electronic messaging – could lead to expensive fines and/or jail time. The penalty for causing serious injury or death while texting and driving is up to $4,000 in fines against the driver. A courtroom in Texas could also sentence the at-fault driver to up to one year in county jail.
A driver could spend up to 365 days behind bars for texting while driving in Texas. A year in jail could change a person’s life. It could lead to the loss of a job and fractured relationships with friends and family members. The driver could also have a permanent criminal record for negligently or recklessly causing a serious injury or death. A criminal record could make it harder to find a job and housing. If the driver had a job operating a motor vehicle, such as a commercial driver, he or she may lose the job and/or driver’s license.
No driver should text, email or otherwise use a handheld cellphone while operating a motor vehicle. The risks are too great to be worth any message the driver may be sending. The only exceptions to Texas’ cellphone laws are during emergencies. Hands-free devices and technologies exist to help drivers avoid texting while driving. Drivers can download apps or use in-device features such as Do Not Disturb While Driving to control the urge to text. A few preventive measures could save a life.

Driving while intoxicated is one of the deadliest mistakes a driver can make. Driving under the influence (DUI) of drugs and/or alcohol is a serious act of recklessness that is against the law in all 50 states. In 2017, 1,024 people died in motor vehicle accidents involving drunk driving in Texas. DUI laws have evolved over the years, starting in New York in 1910. Arrests for driving drunk, however, began before the first laws specifically prohibited DUI.

1897: First Arrest for Driving Drunk

On November 24^th, 1897, a man named George Smith became the first-ever driver police arrested for driving drunk. Smith was a 25-year-old taxi driver living in London who smashed his taxicab into a building while under the influence of alcohol. Smith pled guilty to the charge and had to pay 25 shillings as his punishment. Thus, the first-ever DUI arrest set the stage for thousands like it over the next 100 years.

1910: First Official DUI Laws

New York was the very first state to enact official laws banning drunk driving in 1910. This was the year state lawmakers passed legislation that made it illegal to operate a vehicle while intoxicated. Law enforcement did not have tests to prove drunk driving until years later. Instead, they used their best judgment to determine a driver’s drunkenness. California became the second state to pass DUI laws, leading to several other states enacting similar legislation. Early state laws lacked specific language defining drunk driving, however.

1936: First Breath Test

It was not until 1936 that a scientist named Dr. Rolla Harger created a device to effectively test for inebriation. His invention – aptly named the Drunkometer – came after several years of growing national concern regarding drunk driving. In the early 1930s, the American Medical Association and the National Safety Council funded research into the most common causes of car accidents. Their research helped promote safer vehicle operation. It also shaped what would become the first more specific DUI laws.
 
The Drunkometer opened the doors to DUI testing and more accuracy for arrests. Dr. Harger’s device had a type of balloon attached to it that drivers would breathe into, similar to today’s Breathalyzer tests. The Drunkometer used the breath to accurately measure how much alcohol content was in the driver’s blood. The advent of the Drunkometer, on top of safety panels by national organizations, led to the official suggestion of 0.15 as the blood alcohol concentration (BAC) level that proved a driver was drunk – almost twice what the legal amount is today.

1953: First Breathalyzer Test

In 1953, the Breathalyzer came into existence thanks to a professor and police captain named Robert Borkenstein. Borkenstein had worked with Dr. Rolla Harger on creating the early breath test device, the Drunkometer, and created the Breathalyzer to streamline and improve the process. He created the easier-to-use Breathalyzer test that became the first scientific measure available to police officers.

1970s-1980s: Stricter DUI Laws

In the 1970s and ‘80s, many state lawmakers changed their laws to reflect increasing knowledge on the dangers of drunk driving. Special groups formed to fight for stricter DUI laws, often after fatal accidents took the lives of loved ones. One such group was Mothers Against Drunk Driving (MADD), founded by mother Candy Lightner in California after the DUI-related death of her 13-year-old daughter. Groups like MADD were – and still are – instrumental in influencing lawmakers to pass stricter DUI laws.

1990 to Present: Continuing the Fight Against Drunk Driving

The legal limit for DUI is now 0.08 in all 50 states. Most states have also passed Zero Tolerance laws on drunk drivers under the legal drinking age of 21, plus stricter 0.04 BAC limits for commercial drivers. The laws regarding how lawmakers enforce and punish DUIs vary from state to state. Unfortunately, drunk driving is still a considerable issue that takes thousands of lives every year. The fight against drunk drivers is constant.

Modern technology has been the main contributor to distracted driving accidents. Cellphone use, for example, causes many of the distracted driving accidents that take thousands of lives each year. In 2017, the National Highway Traffic Safety Administration reported almost 3,200 lives lost in distracted driving accidents. Yet just as technology contributes to distracted driving, it could also be the solution. Innovations may have the power to reduce distracted driving and its related dangers.

Collision Prevention Technologies

Buying a vehicle new in 2019 almost always means it will come with some automated driving technologies. Advanced safety features such as automatic emergency braking, warnings of potential forward collisions, lane-keeping assist and lane-departure warnings have worked to prevent thousands of car accidents so far. High-tech safety features can automatically send a signal to drivers who appear to be dozing off or driving distracted – bringing their attention back to the driving task.
Collision prevention technologies can send audible, visual and/or tactile warnings to let drivers know they need to pay more attention to the road. If a driver drifts into a different lane, for example, the vehicle can automatically sense the lane departure, correct it to prevent a collision and send a signal to alert the driver to the danger. The signal may include text within the vehicle’s dashboard that advises the driver to pull over and take a break. The alert could be enough to tell the driver to pay more attention to the road.

Cell Phone Blocking Technology

Technological solutions to distracted driving may not only exist within vehicle features. Many cellphone companies, cellphone manufacturers and app developers have also come up with ways to diminish distracted driving. Most cellphones now have Do Not Disturb modes owners can set to automatically turn on when the phone detects the person is driving. Apple’s latest update, for example, has a Do Not Disturb While Driving mode that will block text messages and phone calls while the vehicle is in motion. It can also automatically send a reply that explains you are driving to the person trying to contact you. If you connect the phone to a hands-free Bluetooth system, it will allow phone calls to go through.
Parents of teens may want to go a step further by purchasing technology that could help control distracted driving. CellControl DriveID, for example, attaches to the windshield and monitors a driver’s actions. Parents can then download software onto their phones to control what actions the driver may perform on his or her phone. The device will intercept phone calls and text messages while the vehicle is moving, for example. More advanced technologies can also block other potential sources of driver distraction, such as emails and audio features.

The Advent of Driverless Cars

Vehicle automation technologies are growing more advanced by the year. Many major manufacturing companies – including Tesla and Ford – have promised self-driving vehicles by 2020. Fully automated safety features by 2025 or sooner could mean vehicles that need little or no input from human drivers to get to their destinations. Fully automated vehicles will be able to perform all the essential operative functions of a car without driver input, in all driving conditions. They will be able to stop, go, turn, and safely keep within a lane. Drivers may or may not have the option to control driverless vehicles.
Completely driverless vehicles may not be on the market yet, but sophisticated technologies have already created vehicles that operate with high automation. They can perform all or most driving functions, usually with a human operator overseeing operations. Road tests are already underway for many of the first driverless vehicle models. Automated vehicle technologies may make distracted driving a thing of the past. Human error will not be a problem when technology controls how and where a vehicle drives.

Purchasing automobile insurance is one of your legal duties as a driver in Texas. Everyone who operates a motor vehicle must buy and maintain adequate insurance to stay on the right side of the law. Driving without insurance is a crime in Texas. If the police catch you operating a vehicle without enough insurance, you could face a range of penalties. Jail time, however, is not one of them.

Texas Insurance Requirements

All 50 states have laws requiring drivers to carry certain types and levels of car insurance. Like the majority of states, Texas follows a fault-based car insurance system. All drivers must carry insurance to cover damages if they cause car accidents. The at-fault party’s insurance policy will pay for medical bills, property damage repairs and other losses after a collision. For this reason, all drivers must carry at least the minimum required amounts of insurance.

• $30,000 for bodily injury liability per individual. Pays for medical bills for one person in an accident.
• $60,000 for bodily injury liability per accident. Pays for the medical bills of all involved parties in an accident.
• $25,000 for property damage liability. Pays for up to $25,000 in vehicle repairs after a collision.

If you do not own your vehicle outright, your lease or loan provider may require collision and comprehensive coverage as well. These are additional types of insurance that can cover your damages for any reason – even if you caused the accident or if an act of God damaged your property. You may purchase optional types of insurance for additional coverage at any time in Texas.

What Is Proof of Insurance?

As a driver, you must maintain at least the minimum required amounts of auto insurance at all times to obey Texas’ laws. You must also carry proof of insurance in your vehicle or on your person when you drive. Keeping a copy of your insurance card in your glove compartment, wallet or an electronic version on your phone can fulfill this requirement.

An officer will have the right to request to see proof of auto insurance during a traffic stop or after a car accident. You will also need to show proof to the Department of Motor Vehicles before you can register your vehicle, renew the registration, get your driver’s license or undergo a vehicle inspection.

What Are the Penalties for Driving Without Insurance?

If you have insurance but failed to have proof with you during a traffic stop, you could receive a ticket and a fine. If a police officer discovers that you do not have insurance at all – or that the insurance you have does not meet Texas’ required minimums – you could face more serious penalties. Going to jail, however, is not a penalty you could face for driving uninsured.

• Citation and fines. A traffic ticket for driving without insurance can cost between $175 and $350 to resolve as a first-time offender. You will also have to pay an additional $250 each year for three years as an annual driver’s license fee. This increases the total costs to $925 to $1,100.
• Additional fines. You could pay a fine between $350 and $1,000 (plus the annual $250) for a second or subsequent offense.
• License revocation. If you continue to drive without insurance, becoming a repeat offender could result in license revocation and vehicle impoundment.

You cannot go to jail for driving without insurance in Texas. Should you cause a car accident while uninsured, however, you could end up personally liable for the other party’s damages. A lawsuit against you could force you to pay for the victim’s vehicle repairs and medical expenses out of pocket. It is up to you as a driver in Texas to purchase the correct types of insurance and to maintain it at all times if you wish to avoid penalties.

States have the assumed right to mandate some of their own specific traffic laws. Most states agree on the most common ones, but penalties can also differ. Yielding is a common gray area in several states, and for most drivers. Yielding also refers to right of way and uses the basic principles of logic, courtesy, and safety.

These basic principles are difficult to follow during midday traffic and on congested highways. Instead, drivers rely on assertiveness to get where they need to be. Assertiveness risks a ticket or worse, an auto collision. Texas has failure to yield laws in place with the intent to reduce these risks.

What Are Texas Yield Laws?

As soon as a driver is allowed their license, common yield sites and rules are explained. For example, if you are at a green light turning left, you are required to yield to oncoming traffic going straight. This means permitting other traffic to go first. Texas Transportation Code 545.153 specifically applies to entering a stop or yield intersection.

• Section 544.003 states that preferential right-of-way at an intersection is indicated by a stop sign or yield sign.
• Section 544.010 defies that unless otherwise directed by a police officer or traffic controlled device, drivers will yield the right-of-way to a vehicle that has entered the intersection from another highway or that is closely approaching making it an immediate hazard to the operator’s movement in or across the intersection.
• If a yield sign is present drivers must slow to a reasonable speed and yield to a vehicle that has entered the vehicle from another highway or that is approaching so closely as to become a hazard.
• If a driver is required to yield and is involved in a collision with a vehicle in an intersection after the driver drove past a yield sign without stopping, the collision is considered evidence that the driver failed to yield the right-of-way.

If under any of these circumstances, a collision does not occur, a police office may still write the driver a ticket when failing to yield as required to do so. Penalties will also be charged when the driver’s failure to lead is the direct cause of a traffic collision.

What Are the Penalties for Failure to Yield?

For your safety and the safety of others, it is important to follow yielding laws and requirements. Your legal record is also cause for concern. If declared under trial that you are responsible for the offense, failure to yield in Texas is punishable by fines, points on your license, and could affect your insurance rate.

• The offense is punishable by fines no less than $500 and up to $2,000, if the other driver received bodily injury.
• The offense is punishable by fines no less than $1,000 and up to $4,000, if the other driver received a serious bodily injury.

Depending on the offense, you may also receive points on your license and your insurance company could choose to increase your rates. If you feel you are not responsible, or failure to lead was not broken, a lawyer can help you defend your case.

Why You Need Legal Help

Failure to lead can be a serious moving violation, but yielding by nature can be considered a complex area to define. An experienced accident attorney could help you support possible defenses such as, the police officer record of events was incorrect, the other driver’s record of events was incorrect, or you did in fact have the right of way. With serious fines and increased insurance rates applicable, having a lawyer to defend your case can decrease lifelong consequences. Contact a Dallas personal injury attorney today.

The braking system is one of the most crucial components of any vehicle. It’s important to carefully track your brakes, pay attention to changes in your car’s braking, and seek prompt service when you notice a problem. A brake failure is a terrifying experience, especially when the car is travelling at a high speed. Pay close attention to the sounds your brakes make and test them before setting out on the road to prevent brake failures.
Most brake failures occur due to fluid issues in the vehicle’s braking system or mechanical problems with the braking structure of the vehicle. Brake pads wear down over time and require replacement and attempting to brake with faulty or eroded pads can damage the vehicle’s brakes. A fluid leak will cause the pressure in the braking system to drop, which can cause a brake failure.
Some brake failures happen because of brake pads overheating, though this is rare, but it can happen if brakes are ridden down a very long hill. Once the brakes cool down, they will work as intended again. Water in the brake fluid system can also cause problems. Hot water will vaporize and the resulting steam causes the braking pressure to compress the steam instead of flowing through the braking system.

Testing Your Brakes

Two main methods exist for testing your vehicle’s brakes. First, do a static test while the car is immobile. Simply press the brake pedal with your foot to make sure you feel some resistance. If there is very little pressure, or the brake seems to immediately sink to the floor with little effort, then it probably isn’t safe to drive the vehicle. The second test is a rolling test: Start the vehicle, put it in gear, and as it starts to roll forward, immediately press the brakes to make sure they work.
Vehicle brakes work on a fluid-based system, so problems with the fluid can interfere with the pressure behind your brakes and cause a malfunction or failure. As fluid leaks out of the braking system, the brake pedal will feel weaker and less resistant when you press it down with your foot.

Handling a Brake Emergency

You have a few options to bring your vehicle to a safe stop if your brakes stop responding. First, you can try to build up brake fluid pressure by pumping the brakes. As long as some fluid remains in the braking system, pumping may be enough to pressurize it so the vehicle stops. You can also pump the hand lever for your vehicle’s emergency brake to stop the car. However, remember that doing so at high speeds can cause you to lose control of the vehicle.
The last-ditch option for stopping your vehicle after a total brake failure is a controlled car crash. This sounds dangerous because it is; it’s essential to control the crash and avoid hitting anything head-on. The goal of a controlled crash is to “drag” the car to a stop. You can accomplish this by guiding the vehicle slowly toward a curb, guard rail, or lane divider until the friction from dragging along the surface stops the vehicle. Keep in mind that attempting this at high speeds can cause severe damage and may cause the vehicle to spin out of control.
Prevent brake failures from happening in the first place. Pay attention to the sounds your vehicle makes, and if you start to notice a strange noise when you press the brakes, take your car to a trusted mechanic to have it checked.

Any driver involved in a massive car pileup, such as the recent 131-car pileup in Wisconsin, the largest in the state’s history, faces a great deal of uncertainty regarding liability. With so many vehicles involved in a single incident, cleanup can take days, investigations can last for several weeks, and drivers may wait months for their insurance claim payouts. If lawsuits arise from such an incident, the uncertainty surrounding liability can cause litigation to drag on for months or even years.

Who Pays for a Pileup Accident?

With so many vehicles involved in a single incident, determining the exact cause of the incident can be extremely challenging if not impossible. Additionally, if an investigation were to uncover a single liable party for all the other drivers’ damages, no one carries enough insurance coverage to pay for all those drivers’ losses. In many pileup accident cases, investigators ultimately decide that fault cannot be determined.
When an investigation takes too long to determine an exact cause and identify the liable party or parties behind a pileup, the affected drivers may face significant financial strains due to vehicle repair costs, medical expenses for injuries, and lost income from missed time at work. These economic burdens become worse when an investigation cannot determine a cause of the accident or if an accident places liability on multiple parties.

Insurance for Pileup Accidents

If a pileup accident occurs in a no-fault state, drivers simply file insurance claims against their own auto insurance policies. Every no-fault state requires drivers to purchase and maintain personal injury protection coverage to use after an accident. Most no-fault states only allow accident victims to take legal action if they suffer severe injuries or if their damages exceed the scope of available coverage.
In fault-based states, drivers who only carry the minimum auto insurance coverage may not have collision coverage to pay for damages to their own vehicles. Most minimum insurance requirements in fault-based states require drivers to have bodily injury liability coverage, total accident liability coverage, and property damage liability coverage in specific amounts. Drivers have the option of purchasing collision coverage, comprehensive coverage, uninsured motorist coverage, and various other types of additional coverage through most insurance carriers, but more leads to higher premiums.

Dealing With Insurance After a Pileup Accident

An insurance company will launch an investigation into a policyholder’s claim for coverage after an accident. The investigation following a pileup accident can take a very long time to reach any conclusions. All auto insurance policyholders must remember that an insurance company only owes a duty to pay for a claim under the terms of the policy, meaning the claim must be a covered event and the insurer will only pay up to the upper limits the policy allows.
For example, a multi-car pileup accident could total in the millions of dollars when you add up all the driver’s damages including medical expenses, vehicle damage, and other losses like pain and suffering and lost income. When an insurance company receives multiple claims against a policyholder for a single incident, the company will generally look for any reasons available to shift blame away from their policyholder and minimize liability for the accident.

Why You Need an Attorney

Dealing with any type of pileup accident is a stressful and frustrating ordeal, and having the right attorney in your corner can make a significant difference in your recovery. Your car accident attorney can negotiate with insurance companies on your behalf, and also launch a separate investigation into the accident and consult with expert witnesses to support your claim if necessary. An attorney may also offer guidance to help you handle your personal finances while you wait for an insurance payout.

With companies like Lyft and Uber giving taxicab companies a run for their money in the Dallas area, the options for catching an easily accessible, affordable ride are more numerous than ever. Rideshare drivers, however, are just as susceptible to accidents as the rest of us; some would even argue rideshare drivers are more prone to distracted driving due to their constant use of the rideshare app.
What happens if you are the passenger in a rideshare accident? What are your responsibilities, and next steps?

Some Common Causes of Rideshare Accidents

Just as with any other driver, rideshare drivers experience a few common causes of accidents.

• Drunk driving, whether on the part of your driver or another driver
• Weather-related incidents involving slippery roads or poor visibility
• Damaged or defective street signs or traffic signals
• Roadways in poor condition due to construction or wear
• Reckless driving such as turning too quickly, tailgating, or rushing through intersections, either on the part of your driver or someone else
• Road rage, whether your driver or another driver
• Speeding on the part of your driver or someone else
• Defective or malfunctioning vehicle
• Drowsy driving by your driver or someone else
• Distracted driving by your driver or someone else

Many rideshare experts are particularly concerned about distracted driving due to unruly passengers as well as the very nature of ridesharing. Drivers must access their company’s platform to accept requests and navigate to their stop. However, use of this platform should not occur while the vehicle is in motion. Notify the rideshare company if you notice this or any of the above behaviors.

What You Should Do After a Rideshare Accident

If an accident occurs while you are a passenger, follow this checklist to ensure your safety as well as any potential compensation for your injuries.

• If he or she has not already done so, ask the driver to move the vehicle to the side of the road or away from the flow of traffic. This ensures that you and the driver will remain safe throughout the next steps.
• Call the local authorities. Even if the accident seems minor, a police report will document the events of the accident and establish that you were a passenger in a rideshare vehicle at that time. Stay at the scene of the accident until authorities release you.
• Obtain insurance information for all parties involved.
• Report the accident to the rideshare company. Most companies allow you to do so within the app in which you requested the ride. Often, the company will contact you for more information.
• Seek treatment for your injuries. Even if your injuries seem minor, it is important to have them documented as well as to screen for hidden injuries not apparent at the time of the crash. Retain all medical bills and doctor’s statements.
• File an insurance claim.

Who Is Liable for My Injuries?

Depending on who is at fault for the accident, a number of insurance companies could be liable for your injuries. If a third-party driver with insurance caused your accident, that driver’s insurance company would compensate you for your injuries. However, if the third-party driver did not carry insurance the rideshare company’s uninsured motorist policy would likely provide coverage.
Rideshare drivers are responsible for providing their own, state-minimum liability and PIP insurance, meant to cover passengers and other parties involved in accidents. Rideshare companies maintain their own insurance, usually in effect while the rideshare driver has a passenger onboard. However, rideshare companies are notorious for maintaining that their drivers are not employees, merely contractors that use the platform. Still, most Dallas personal injury attorneys recommend filing a claim directly with the company first.
Consult with a Dallas rideshare accident attorney to determine your next steps. An attorney with experience in the area will be well versed in handling negotiations between the multiple insurance companies that often become involved in rideshare accidents.

Every state in the United States has some form of the Move Over Law. Although the stipulations of the law may vary by state, the main goal remains the same: to safeguard emergency personnel and others from collision when responding to jobs on the side of the road. Understanding and obeying the Move Over Law in Texas are requirements if you wish to avoid fines and penalties. Keep yourself and others safe while driving in Texas with this information.

The 2003 Texas Move Over/Slow Down Statute

Every year, workers in the U.S. die from vehicles striking them while they are working roadside. From 2003 to 2015, 1,570 workers died at roadway construction sites. Texas ranked highest in the number of these deaths, with 171 fatalities. This number only represents construction workers killed; it doesn’t refer to first responders. Each year, an estimated 12 police officers, five firefighters, and 60 state Department of Transportation (DOT) workers die in the line of duty. Many of these deaths occur while responding to roadway incidents.
Roadside worker safety is paramount in Texas and throughout the country. Improving the safety of first responders and emergency personnel starts with spreading awareness of the issue. Enforcing new laws is one of the most effective ways to get drivers to change their behaviors. In 2003, Texas passed its original Move Over/Slow Down law. The law’s language protected employees by requiring drivers to yield to certain vehicles. Yielding means to either move over to the next available lane away from the stopped vehicle or to slow down to 20 miles per hour below the speed limit.
The original law applied to police officers, firefighters, emergency medical services, and tow trucks on the side of the road with emergency lights flashing. In 2013, Texas legislators expanded the Move Over Law to also include Texas DOT vehicles. Drivers must now move over for all TxDOT vehicles stopped roadside with overhead blue or amber flashing lights as well. the announcement of the expanded law pointed out that more than 100 TxDOT employees working in construction zones had died after being struck vehicles since 1938.

Renewed Enforcement of Texas Move Over Law in 2018

On January 31, 2018, the Texas Department of Public Safety (DPS) announced new enforcement efforts focusing specifically on the Move Over Law. The DPS planned periodic enforcement efforts at different locations in Texas throughout the year, starting in February. Data from 2017 showed more than 10,650 citations relating to the Move Over Law in Texas alone. By ramping up enforcement efforts in 2018, the DPS hopes to catch even more rule violators and enhance the safety of roadside service providers.
As a Texas driver, it’s your duty to obey the Move Over Law. This means you must slow down and/or switch lanes to give certain vehicles plenty of room when on official duty. If you see flashing lights on the side of the road, it’s wise to move over a lane or slow down to enhance the safety of any employees present. Moving over can reduce the risk of serious and fatal injuries to roadside workers, who could otherwise lose their lives if drivers aren’t paying enough attention and driving too close to parked vehicles.
Violating Texas’s Move Over Law could result in fines of up to $2,000. It is a misdemeanor to break this law and a more serious Class B misdemeanor if you break the law and cause bodily injury. You may face criminal and civil penalties if you break the Move Over Law and cause a collision that injures or kills on-duty Texas workers. Stay on the right side of the law and protect others by obeying the Move Over statute and always paying attention to the road.

Although the media focuses on the issue of teenage distracted driving, parents are also guilty of using their cellphones and engaging in other distracting habits behind the wheel. In 2017, 100,687 motor vehicle accidents in Texas involved distracted driving. These crashes caused 2,889 serious injuries and took 444 lives. Teens aren’t the only ones responsible for these car accidents in Texas. Parents must also take responsibility – especially when it comes to setting an example against distracted driving.

Hold Yourself Accountable

As a parent with young children or new teen drivers in the vehicle, you set the standard for what’s normal behind the wheel. If your child grows up seeing you text, take phone calls, read emails, eat, drink, groom, and do other distracting things while driving, the odds are much higher that he or she will acquire the same bad habits when it’s time to drive. You can set a positive, distraction-free example by holding yourself accountable for your actions while driving. Don’t do anything you wouldn’t want your child to do when it’s his/her turn to drive.
Texas law imposes a statewide ban on cellphone use for texting or other electronic messaging while operating a motor vehicle. Other municipalities have passed additional limits on cellphone use while driving as well. Even if it weren’t against the law, a parent should never text and drive. It is one of the most dangerous forms of driver distraction, impairing a driver’s abilities to watch the road, keep hands on the wheel, and keep eyes on the road. Hold yourself to the same standards you expect your child to keep in the future.

Pull Over to Use Your Phone

If you must use your cellphone for non-emergency purposes, pull over in a safe location (such as a parking lot) to write your text or make your phone call. This teaches kids in the vehicle that they only safe time to use a cellphone while driving is when pulled over – not stopped in traffic. Otherwise, use hands-free technology such as auto-reply to respond to texts or answer calls while driving. Waiting until you get home to respond to emails or texts can show your children that nothing is more important than safety.

Use an Anti-Distracted Driving App

Apps are available to help you avoid distracted driving. However, don’t expect your teen drivers to download anti-distracted driving apps if you don’t use them yourself. Download apps such as LifeSaver or Mojo as a family. Download it on every driver’s phone in the household, including you and your spouse. That way, teen drivers won’t feel like the app is a punishment or something only they should use. Apps can hold the entire family accountable for safe driving.

Give 100% of Attention to the Road, 100% of the Time

New drivers learn what to do and what not to do from watching other drivers – namely, their parents. If you often eat fast food behind the wheel, drink coffee, finish your morning grooming routine, rubber-neck accidents as you pass by, or engage in other common distracted driving habits, this will become what your children think is “normal” to do behind the wheel. You’re training future distracted drivers, even if you preach “Do as I say, not as I do.”
If you’re a prudent, attentive driver 100% of the time, however, you’re teaching the importance of safe driving. Your teen drivers may never even think of picking up their phones behind the wheel if they’ve never witnessed their parents doing it. If they’ve seen you reply to texts almost every trip for the last 10 years, however, they may be more inclined to think this behavior is safe and acceptable. Be a safe-driving role model from day one to encourage good driving behaviors in your young drivers. The future of distracted driving could rest with you!

Car accidents occur through many common occurrences – the National Highway Traffic and Safety Administration says that driver error is the largest cause of car accidents by a significant margin. Driver error can encompass a wide variety of scenarios, from distracted driving to speeding. It also contributes to dangerous and sometimes fatal accidents like those that often occur at red lights.

Laws Affecting Red-Light Accidents

Several state laws may influence accidents at red lights. These laws include:

• Right on red. If there is no designation otherwise, Texas law allows drivers to make a right turn at a red light. However, it’s imperative that drivers use caution and follow rules regarding the right of way.
• Left on red. In Texas, drivers might be able to turn left onto a one-way street after stopping and assuring a safe distance before turning.
• Yellow light. At an intersection, the presence of a yellow light means a driver should use caution – a driver can be in the middle of an intersection while it’s yellow but not while it’s red.

Despite these clear signals of what to do at a red light, negligence still occurs; drivers break these traffic laws or fail to notice changes, leading to injury-causing accidents. Some of the most common causes of red-light accidents include:

• A driver speeds up to make a light. Unfortunately, some people see a yellow light as a challenge and go faster to make it through rather than slowing down. This puts them in the middle of an intersection as a light turns red – or worse, passing through it after the light turns. Cars accelerating on the other side of the intersection can create a major crash.
• On the other hand, some drivers don’t think they can make the light and slam on their brakes while traveling at high speeds. This also can put them in the middle of the intersection when the other signal turns green; stopping too abruptly can cause problems of its own.
• Distracted driving behaviors also contribute to red-light accidents. Some drivers simply do not pay attention to their surroundings and look up to find the light red, unable to stop or maneuver away to prevent a serious crash.
• Speeding makes it more likely that a red-light accident will occur, as drivers cannot react to their environments quickly enough.
• Last, poor weather conditions can contribute to red-light accidents, as drivers cannot see the signal. In Texas, heavy rain, fog, and high winds can all impact visibility. Even the blinding sun can make it difficult to see if a light is red or green.

Common Injuries in Red-Light Accidents

Unfortunately, red-light accidents can lead to serious and debilitating injuries. Some of the most common include:

• Broken bones. The force of the impact can lead to fractures of the legs, arms, or ribs. If a driver’s vehicle does not have side air bags, these injuries may be more severe.
• This soft tissue injury is most common in rear-end accidents and may occur when a driver hits the vehicle in front of him or her when slamming on the brakes at a red light.
• Brain and spinal cord injuries. In serious cases, red-light accidents can lead to debilitating trauma to the brain and spinal cord. These injuries may create side effects that last a lifetime.

Drivers should use extra caution at red lights by allowing plenty of time for passing vehicles and following posted speed limits and signage. Unfortunately, no one can account for the actions of others on the road. Even if a driver uses an abundance of caution at intersections, he or she may be vulnerable to red-light accidents.

Car accidents can change a person’s life, and the many tasks that result from such a change can make it difficult to know what to do first. Insurance claims, legal action, and addressing damages are just some of the things victims must confront after a crash. The most important thing, though, is to seek medical treatment. It’s never a good idea to delay medical treatment, even if you believe you have sustained only minor injuries. Here are several reasons why victims should seek medical treatment in the aftermath of a car accident.

Delaying Treatment Can Hurt Your Insurance Claim

After a car accident, you will likely need to file a claim against an at-fault driver’s insurance company or your own, depending on the situation. Insurance companies send claim adjusters to investigate insurance claims and make sure they are valid. If you claimed you suffered severe injuries, but records indicate that you did not seek medical treatment for several days or longer after your accident, the insurance company could use this as justification for denying or reducing your claim. The insurance company will simply assume that if you didn’t seek immediate treatment, your injuries were not as bad as you claimed.
Insurance companies do not want to see any kind of delay between your accident and your seeking medical treatment. If there is any delay, the insurance company may question you and delay the claims process, potentially causing you further problems later. Official documentation that proves you sought immediate medical care will prevent these issues.

Delaying Medical Care Can Hurt Your Legal Case

If a negligent driver caused injuries and other damages, you may be able to file a personal injury lawsuit against him or her to recover your losses. During the course of a personal injury case, the plaintiff must prove the defendant was negligent and his or her negligence directly resulted in the plaintiff’s damages. However, if you took too much time seeking medical care after your accident, the jury may decide this is evidence your injuries were not as severe as you claimed.

Delaying Treatment Can Hurt You

One of the worst outcomes of skipping medical treatment after a car accident is the possibility of an injury becoming worse. Some injuries take days or longer to manifest noticeable symptoms. An internal injury can reach critical levels before it becomes apparent. If you delay treatment after a car accident, you run the risk of allowing a severe medical issue to linger unaddressed for too long.
Your adrenaline surges and pain sensations are dulled during car accident. You may not feel the full effects of your injuries until the next day or later, so you should see a doctor as soon as possible after any car accident.

Why Would Anyone Delay Medical Care?

People skip medical treatment for several reasons. Some people simply do not realize how badly they are hurt and may assume that their symptoms will fade in a short time. Others believe going to the doctor will cost too much money, so they hope their condition improves on its own. Some people simply want to wait and see if the at-fault driver’s insurance company accepts fault for the accident and offers a settlement or medical expense coverage. In some cases, a driver will skip medical attention if they think the claim for the accident will not succeed.
Seeking prompt medical attention after a car accident not only preserves your personal health and well-being, but it improves your chances of securing a satisfactory insurance settlement and increases the odds of winning in court. If you get into any type of car accident, call the police, offer your statement, and then seek medical attention as soon as first responders clear you to leave.

Distracted driving is incredibly dangerous, and it is essential for every driver to understand the risks of distracted driving in Texas. A distracted driving attorney in Dallas can help a client understand his or her options for legal recourse after a distracted driving accident and recover compensation for the resulting damages. The National Safety Council reported that 3,450 people died in 2016 from distracted driving-related crashes and hundreds of thousands of drivers are engaged in distracting behaviors on American roads at any given moment.

Types of Distracted Driving

The most common form of distracted driving seen on Texas roads is cell phone use. Many states have adopted strict laws forbidding the use of electronic devices and cell phones behind the wheel, and several states have enacted laws specifically for texting and driving. Texting while driving is one of the most dangerous distractions for any driver as it encompasses all three major types of distraction behind the wheel:

• Visual distraction. This applies to anything that diverts a driver’s gaze away from the road ahead.
• Manual distraction. This applies to anything that requires the use of the driver’s hands when he or she should be operating the steering wheel and vehicle controls.
• Cognitive distraction. This applies to anything that preoccupies a driver’s mind when he or she should be focusing on driving.

Texas law forbids the use of cell phones while driving, but how does an injured driver prove that the driver who caused his or her accident was using a phone or engaging in other distracting behaviors at the time of the accident?

Proving Distracted Driving

Several types of evidence may come into play in a distracted driving lawsuit in Texas. A good distracted driving attorney in Dallas may attempt to subpoena the defendant’s phone records to prove he or she used a cell phone at the time of the crash. It is also possible that a witness to the accident observed the at-fault driver on the phone at the time of the accident. When it comes to other types of distractions, such as eating behind the wheel, applying cosmetics, or arguing with a passenger, physical evidence from the crash scene as well as testimony from passengers may be crucial.
Physical evidence from the scene of an accident will play a crucial role in any car accident-related lawsuit. It is important to gather as much evidence as possible from the accident scene before the police and emergency responders clear away potentially valuable evidence. If you or a loved one are in an accident with a distracted driver, it is important to try and take as many photos as possible of the accident site if possible.

Expert Witnesses

In some distracted driving cases, an attorney in Dallas could call on expert witnesses who have relevant backgrounds to testify as to whether a defendant was distracted at the time of an accident. An expert witness would provide the court with a professional interpretation of the evidence involved in the case. However, plaintiffs need to remember that a defendant’s attorney may also call on expert witnesses to counter the claims of a plaintiff’s expert witness.

Police Reports and Traffic Camera Data

The officers that respond to a car accident will develop a report of their initial findings, including statements from the drivers involved and any witnesses who saw the crash occur. The police report may hold evidence of distracted driving, so it is essential for the plaintiff’s attorney to secure a copy of the police report for use in trial.
Many Texas roads also have traffic cameras that may have recorded an at-fault driver using a cell phone or engaging in other distracting behaviors at the time of the accident in question. A plaintiff’s attorney may be able to secure traffic camera footage for use in trial to prove the defendant’s distracted driving caused the accident in question.

Texting-Related Bans Save Lives

Insurance Companies Tell a Different Story

What’s the Final Word on Texting Bans?

Obey Roadway Rules

Keep the Passing Lane Open

Leave Space Between Your Vehicle and Others

Don’t Use Inflammatory Gestures

Stay Calm

Filing a car accident claim is the only way to obtain reimbursement for expenses such as medical costs and vehicle repairs. Every driver in Texas must carry automobile insurance. Bringing a claim with the at-fault party’s insurance company should result in fair and full payment for your losses. For your claim to succeed, however, you will need to gather and present certain information to the insurance company. The best way to fully account for all damages and recieve prroper compensaiton is to work with a car accident lawyer.

Photographs

Photographic evidence can be vital for proving the other driver’s fault for your car accident. Photographs of the other driver’s vehicle damage, for example, could show crash reconstructionists that the only way the damage could have occurred is if the other driver ran a red light. Photographs can also serve as proof of your vehicle damage and injuries.
If your injury permits, use your cellphone to take photographs while still at the scene of your crash. You can also ask a trusted friend or eyewitness to take photos for you. Take close-up shots of vehicle damage and other key elements, as well as a few wide-angle shots of the entire crash scene for reference.

Police Report Number

If you called the police to the scene of your car accident, ask the responding officer for the number that will be on your police report for future reference. The police officer will have to submit the report to the police department and the Department of Motor Vehicles within 10 days of the accident.
In the days following the car accident, once you are well enough, you can contact the police department in the county where the accident occurred and request a copy of the police report using the number obtained. The police report can contain important facts about your case, such as whether the police ticketed the other driver for an infraction.

Medical Records

Medical records will be imperative if you wish to file a claim for an injury after a car accident in Texas. The insurance company will request evidence of your injury diagnosis, as well as medical bills to establish how much your required medical care will cost. Ask your doctor for copies of all relevant medical records, including x-rays and test results. Your medical records should indicate that you suffered the injury as a direct result of being in the car accident, that you sought immediate medical care and that you followed your doctor’s treatment plan exactly.

Pay Stubs for Time Missed

Car accident victims frequently have to miss work for a few days while they receive injury treatment. You may have to miss work for a longer period if your injury temporarily disables you and gets in the way of you doing your job. You could recoup the wages you lost due to a car accident if you submit copies of your most recent pay stubs prior to the crash, along with a letter from your employer and/or doctor confirming that you cannot currently work, to the insurance company to seek reimbursement.

Insurance Policy Information

Finally, it will help to have a copy of the insurance policy you plan on using for benefits. If you are filing a first-party claim with your own insurance company for a crash involving a hit-and-run or an uninsured driver, access a copy of your policy online or by speaking to an insurance agent. If you are filing a third-party claim against another driver, call that driver’s provider using the information he or she gave you at the scene of the car accident. Having the insurance policy information can help you understand your rights and the benefits available.
For help gathering all the information you need for a successful car accident claim in Texas, contact a car accident attorney near you.

A rear-end collision is a common type of accident in Dallas. It happens often in slow-moving traffic when drivers fail to notice stopped vehicles in time to prevent collisions. Even a minor rear-end collision could cause serious and painful personal injuries, such as whiplash. Most drivers believe the rear driver is always at fault for a rear-end accident. Automatic fault, however, does not exist in rear-end car accidents in Texas. Instead, an investigation may be necessary to assign fault, as is the case after other types of car accidents.

Rules of Distance on Texas Roadways

The Texas Transportation Code’s Rules of the Road (section 545.001) lists regulations drivers must follow when operating vehicles in the state. One such rule is how much distance all drivers must reasonably keep between their vehicles and others. The accepted standard is a distance of at least one car’s length between each vehicle. Drivers should leave at least two to three seconds of open space between the fronts of their vehicles and the backs of others.
A driver in Texas could receive a traffic ticket for following too closely. It is most common to receive a ticket for this offense in the aftermath of a collision. The police could cite a driver for following too closely if this negligent behavior caused or contributed to the rear-end collision. In this case, the car behind would be responsible for causing the crash. Not all rear-end accidents, however, come down to the fault of the rear driver.
If passing, a driver must leave enough space between vehicles to safely occupy the destination lane. An unsafe lane change could result in a rear-end collision in two ways: the merging driver colliding with the back of a stopped vehicle or the merging car slamming on the brakes and causing the car behind to collide with its rear end. In both of these examples, the driver that made the unsafe lane change could be at fault for the accident – even if it was not the rear driver. Failing to give the rear vehicle enough time and space to hit the brakes could lead to responsibility for a rear-end accident.

Determining Fault for a Rear-End Collision

Fault may not be easy to assign in a rear-end accident case. The rear driver may dispute fault by alleging that the front driver or another factor caused the collision. Proving fault for any type of car accident may take an official investigation. The police can investigate the crash by analyzing the location and conditions of both vehicles, as well as taking measures such as interviewing people who witnessed the accident.
The car behind may be liable for the collision if its driver was guilty of negligence or recklessness that caused the crash. Common examples include distracted driving, drowsy driving, drunk driving and speeding. Someone who is texting and driving may not notice the vehicle in front has come to a stop. A speeding driver may be moving too fast for conditions, making it impossible to stop in time to avoid a collision.
The car in front could be responsible if the driver committed an unsafe lane change, cut another driver off, slammed on the brakes or contributed to the crash by failing to replace broken brake lights. Proving the front driver’s negligence may take a police report or a deeper investigation, such as a re-creation of the accident by crash experts. If you need to prove someone else’s fault for a rear-end accident in Dallas, hiring a car accident lawyer may be the best option.
A lawyer will have the resources to investigate your accident and assign fault to the correct driver. If you believe you did not cause the accident, especially as the rear driver, a factor you are not aware of might have contributed. Defective brakes, for example, may have prevented your vehicle from stopping as it should have. You or your lawyer will have to prove the other driver’s fault to claim damages under that driver’s insurance policy.

Most drivers in Texas understand what to do if they are involved in car accidents on public roads or highways: exchange insurance information, take pictures and go to the hospital. A car accident on private property, however, is a special case that may require unique actions. Liability (financial responsibility) for a car accident on private property may not follow the same rules and regulations that apply to typical car accident cases.

Common Causes of Car Accidents on Private Property in Texas

There are similarities and differences between car accidents on public and private properties. Many of the same common crash causes apply to both types of accidents. Driver mistakes such as driving distracted, speeding and not paying attention, for example, are the top causes of car accidents everywhere. However, private properties can contain unique risks that increase the odds of a vehicle collision, such as:

• Driving under the influence. A driver may be more likely to operate a vehicle under the influence of drugs or alcohol on private property. After drinking at a house party, for instance, a driver may assume that the risk of being pulled over and arrested is less than on a public road.
• Poor property maintenance and road defects. Private property owners may not be as diligent about maintaining their properties as government entities that own public roads and highways. This could result in dangerous property defects, such as potholes and uneven surfaces.
• Design defects. Issues with the design of a piece of property, such as a poorly designed parking lot or narrow drive, could increase the risk of a car accident. Lack of signage, such as missing warning signs or crossing animal signs, could also cause a wreck.

In Texas, the responsibility of paying for a car accident and related damages, including medical bills and property repairs, falls on the driver or party at fault for causing the wreck. That party’s insurance provider will be financially responsible, or liable. It is up to the injured accident victim to determine and prove liability.

How to Determine Liability for a Car Accident on Private Property

The steps that you should take after a car accident on private property are different from an accident on public property. The police cannot give you an accident report, as they do not have jurisdiction over a private roadway. You can still dial 911, however, and request an incident report. This is a less official report that could still document the crash. The police officer may or may not be able to give you an incident report. If not, request one from the owner of the property. If you are injured, call first responders to request an ambulance.
Look around and gather any potential evidence. This may include photographs of the crash, the names of those involved and any eyewitnesses, and footage from a surveillance camera installed on the property. If you have injuries, medical expenses or property damage, it will be up to you or your car accident lawyer to prove someone else is at fault. This is the only way to obtain financial compensation if you do not have first-party car insurance available, such as collision or comprehensive coverage.
The party that is liable for your private property car accident will depend on the cause of the crash. If another driver caused your wreck, he or she may pay for your losses. Other liable parties could include the owner of the private property or a social host, if that person knowingly gave alcohol to someone underage or visibly intoxicated. You may need to hire an attorney for a professional investigation to determine liability. When you are ready to make an insurance claim for a car accident on private property, an experienced attorney can assist you with the legal process.

Although wearing a seat belt is a legal requirement for all drivers and passengers in Texas, it is common for people not to buckle up on every ride. If you get into a car accident while you weren’t wearing a seat belt, however, it could negatively impact your personal injury claim. The Texas courts allow defendants to use the seat belt defense, meaning that your failure to wear a seat belt could diminish your financial recovery.

What Is the Seat Belt Defense?

The seat belt defense is an attempt by a defendant in a car accident claim to reduce or avoid liability for the plaintiff’s injuries and losses. The defendant in a car accident case is the driver or party allegedly at fault for causing the collision, while the plaintiff is the injured party. In the past, the Texas courts ruled the seat belt offense inadmissible. The Supreme Court of Texas changed the rules, however, in a 2015 ruling.
If a defendant’s attorney uses the seat belt defense, the attorney is claiming that the defendant should not bear 100 percent liability for the plaintiff’s injuries due to the fact that the plaintiff was not wearing a seat belt at the time of the collision. You may encounter the seat belt defense during a car insurance settlement, typically at the conclusion of the crash investigation. At this stage, the insurance claims adjuster may try to reduce your settlement based on the argument that you were not wearing a seat belt.
You or your Dallas car accident attorney may be able to negotiate a better deal, or else you will need to take the matter to court. In general, the seat belt defense will only be a valid argument if the defendant can prove that your injuries would have been prevented or reduced had you been wearing a seat belt. If the seat belt defense succeeds, it could diminish your financial recovery.

Texas Is a Modified Comparative Negligence State

Texas currently abides by what is known as a modified comparative negligence law. This law allows a plaintiff to recover compensation even if he or she is partially at fault for an accident. It is the opposite of a contributory negligence law, which holds that a plaintiff cannot recover any financial compensation if he or she is even 1 percent responsible for an accident.
Under Texas’ comparative negligence law, you can still recover a monetary award even if you were not wearing a seat belt in a car accident and this contributed to the extent of your injuries. However, your settlement or verdict will be reduced by the amount that you contributed to your injuries by failing to wear a seat belt.
For example, if you are found to be 15 percent responsible for an injury because you were not wearing a seatbelt, the defendant will be found 15 percent less liable for your losses. In this example, the courts would reduce your judgment by 15 percent. A $40,000 award would be reduced to $34,000, for instance, due to your comparative fault.
The “modified” part of Texas’ comparative negligence law caps your ability to recover financial compensation for a car accident at 50 percent of fault for the crash or your injuries. If your actions make you more than 50 percent liable, therefore, you would not be eligible for any financial compensation. Since failing to wear a seat belt does not cause a car accident, however, it is unlikely that you would be found more than 50 percent at fault for your injuries in this scenario.

When to Contact a Dallas Car Accident Attorney

It is important to consult with a personal injury attorney if you were not wearing a seat belt at the time of your car accident in Dallas. An attorney can help you protect your rights throughout the claims process, including during an insurance claim or injury lawsuit. An attorney will help you combat the seat belt defense and minimize your amount of comparative fault for the best possible financial outcome.

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Senior Driving Laws

Reasons for License Suspension After an Accident

• The number of points on a license. If a senior has a certain number of points on his or her license at a time, the court may decide to suspend the license for a certain amount of time.
• Serious accident offenses. Seniors involved in vehicular homicide, running from the police, DUI, or who leave an accident scene may have their licenses suspended by the court.
• Lack of insurance or means to pay accident liability. If a senior doesn’t have insurance and can’t pay for the damages caused in an accident, the court may decide to suspend his or her license.
• Repeat violations. Seniors who have caused accidents before or who have a history of reckless driving may lose their licenses after an accident.

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