Personal Injury Law – Car Accident Attorneys

Auto Accident Law

LEGAL and INSURANCE SIDE: The legal side of an auto accident case is many times more complicated than the medical side. Almost all auto accidents involve some sort of car insurance. It is important to know how the insurance industry works. When you buy car insurance you buy it from an insurance agent. Insurance companies spend millions of dollars in advertising trying to convince you that they can do anything and everything for you if you are involved in an accident or a disaster. They lead you to believe that your insurance agent, who sells you the insurance, who you meet in person or by telephone or who may even be a friend, deals with all the circumstances of an accident. I am sure you have heard the terms that “you are in good hands” or “like a good neighbor” etc. The truth of the matter is, the insurance agent that you buy the insurance from, has nothing to do with the settlement of an insurance claim. car accident attorneys

INSURANCE: Once you have been involved in an automobile accident the accident is turned over to an insurance adjuster who works for your own company or for the other company involved in the accident. These adjuster’s sole purpose is to save the insurance companies money. You have never met these people, dealt with these people or in any way know these people. This is where the frustration begins. I will try to take you step by step of the elements that are involved next.

FAULT: The first thing that will need to be determined is “who is at fault” or the “liable party”. This is the most important factor at the beginning of an insurance settlement. If you are proven to be at fault or even if you share 50/50 of the liability you will not be entitled to any compensation for injuries. And believe me, what is said at the initial scene of the accident will change many times before it goes to court or arbitration. Without witnesses, it sometimes becomes impossible to determine liability. That being established, the next most painful factor is property damage.

PIP or MED PAY: Whether you are at fault or not, many policies have the portion called PIP or Med Pay that pays for reasonable medical expenses that you have incurred as a result of the accident. This protects you from unexpected medical bills that are the result of an automobile accident. They are supposed to take care of these expenses in a timely fashion. If it is determined that the accident is not your fault but rather the fault of a 3rd party, then your insurance company will be reimbursed for those expenses that they have paid out on your behalf, when you settle your claim at a later date. This protects you from having to deal with doctor expenses up to certain limits, generally, $10,000 is the limit per person.

WAGE LOSS: If you have been injured in an accident and are unable to work, as established by a medical professional, you are entitled to be reimbursed for wages lost up to a maximum amount per month. Your “Medical Professional” will give you a disability slip to inform your employer that you are unable to work and until such time as he/she determines that you are able to physically return to either light or regular duty you are entitled to compensation. A “Legal Professional” can advise and/or assist you in obtaining those wages throughout the course of your treatment and recovery period.

PROPERTY DAMAGE: If your car is totaled / how much is it worth? I have yet to see a case where the owner and adjuster had the same figure in mind. Secondly, in the property damage, if it is not totaled, what estimate, what auto-body company, will be used in fixing the automobile. Will they use original parts or will they use after-market parts? For many years, insurance companies have almost forced auto body companies to use after-market parts. Recently, State Farm Insurance, lost a 1.2 billion dollar suit, over just this issue. Just because you paid $6000 for a used car 2 weeks ago and insured it for that, and then it was totaled, don’t think for a minute that it is worth $6000 when it is totaled.

TOWING: If the car is immovable from the scene, the issue of towing and who pays that bill is the next factor. You may be presented with the bill, for towing and storage, which may add up to more than the value of the vehicle.

AUTO-BODY SHOPS: You have an option in many cases, to take your car to several body shops and settle with the insurance company without having to repair your car. In other cases, the auto-body shop will be paid directly from the insurance company. In most states, the law requires that your car be in the same condition, after the repair as it was prior to the accident. This is a very subjective issue and can cause a dispute immediately between you and your insurance carrier.

PERSONAL ITEMS LOST OR DESTROYED: You are entitled to replacement or repair of your personal items.

RENTAL CAR: If your car is damaged or un-drivable it may necessitate your need for a rental car. Each policy is written differently, depending on the liability of the accident, you may or may not be reimbursed for the rental car.

TOTALED VEHICLE: One issue that comes up a great deal is “When is a car totaled?” Most of the insurance companies use the 70% rule. If it costs more than 70% of the car’s value, they will total it. “Diminution” in value, is a term the insurance companies use when assessing the value to an automobile. They may go to an outside source, such as the Kelly Blue Book, to determine what they consider to be a “fair market value”. In most cases, this leads to a great argument and the beginning of stress for the car accident victim.

WHEN YOU NEED AN ATTORNEY: Many times it is possible that a competent individual can settle their own insurance claim. However, there are also many times and several compelling reasons why a legal professional is important for a successful claim. Even if up to this point you felt that you could handle your own claim but now are finding that you have many unanswered questions, it is not too late to get the help you need from a trained professional.

SELECTING AN ATTORNEY: It is important to choose the right attorney. This should be
someone who has experience in and specializes in handling “Personal Injury Claims”. Just like
seeing a surgeon when you need surgery, or a dentist when you have a toothache, you need to seek out an attorney that has experience in “Automobile Accident Cases” not a criminal or divorce lawyer. They should review your case with you, during a free consultation, and openly discuss the legalities of your claim and if you have a good chance for a successful case.

INJURIES: If you were hurt in the accident and suffered from injuries sustained at that time
you could need the support of a legal professional. They can help you to manage your medical care, your billings, and the opening of the insurance portion of your own policy (PIP or Med Pay) to be sure that the bills are paid as they are incurred rather than simply accumulating until such time as you settle your claim.

IF YOU HAVE NO INSURANCE COVERAGE OF YOUR OWN: Many people think if they have no insurance coverage themselves they cannot open a claim. They think that they cannot get treatment for injuries they have sustained or receive compensation for “pain and suffering” that they have incurred. That is not true. A good legal professional can examine the circumstances of the accident and help you with your options. Identifying the “at-fault party” and their insurance company is generally the first step to determining your rights and protecting your interests.

IF THE OTHER PARTY HAS NO INSURANCE and is at fault: Many times it is difficult to find out information about the responsible parties’ financial assets. An attorney is much more experienced in these types of situations and can help you determine the options available to you. This would be by either seeking a judgment and/or lien against that individual or by filing a “Uninsured Motorist Claim” against your own company for the damages and/or injuries you have sustained.

SIGNING FORMS AND RELEASE OF INFORMATION: There are many types of forms that insurance companies require to be filled out and signed by you to either open a PIP/Med pay claim, a property damage claim, a wage loss claim, a medical release, a general release, etc. Many times it can be confusing on which forms a person should or should not sign. The Legal Professional can review these forms and advise you.

OTHER QUESTIONS: Many other types of situations and/or questions can be answered by a “Legal Professional” in your area.

SETTLING YOUR CLAIM: When you are finished with your medical care and reached a point of being ready to settle your claim, a “Legal Professional” in your area can be your best advocate. They can prepare a demand and claim for settlement for the pain and suffering that you have experienced as a result of your motor vehicle accident. They can help you tie up all the loose ends with the medical providers, wage loss reimbursement, property damage, and help you to get the settlement you deserve.

This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso

Texas Truck Drivers Work Long Hours | Truck Accidents

Truck-Accident

Texas truck drivers work long hours with very rigorous work schedules, and often have to meet unrealistic deadlines put into place by their employer or the shipper of the cargo they are carrying. This is when truck driver fatigue can set in, creating an extremely dangerous situation for the driver and other motorists. Fatigue and lack of sleep have become some of the primary contributors to highway truck accidents, not only in Texas but throughout the country.18 Wheeler Accident Lawyers

Federal regulations limit how long a truck driver may operate a motor vehicle on Texas roads. A truck driver traveling along any Texas road is put in a difficult position. This is equally true of truckers on major highways. On the one hand, the driver must get from Point A to Point B and make his or her deliveries on time. On the other hand, he or she is supposed to ensure that they drive safety and get adequate rest. Sometimes this is just not possible, and a driver will often opt to sacrifice sleep before missing a deadline. Although the driver likely believes that he or she is fine to continue driving and does not anticipate an accident, this is no excuse for failing to comply with federal law and the driver will be found negligent.

Texas companies are supposed to make sure that any truck drivers they employ follow the regulations set by the State of Texas and federal laws. When one of their drivers fails to do so, they may also be joined as a defendant in an ensuing lawsuit.

Texas Truck Driver Log Book – Trucking Injury Lawyer

An interstate truck driver must maintain a log book containing a record of when they are on duty, driving, resting, etc. This log book data can also be electronically monitored by an on board “black box.” Often, a truck driver will alter, change, modify, or “doctor” his or her log book to make it conform to the laws and hide the fact that they were actually driving past the acceptable number of hours. Comparing the hard copy log book to the electronically recorded data is very important in some tractor trailer crashes. Unfortunately, some lawyers have no idea of the intricacies of these laws let alone how to “download” the ECM data from one of these on-board computers. Do not just hire any Texas lawyer to protect you, contact one of the Texas truck accident lawyers on this page, as they are seasoned and experienced in handling Texas truck accident claims.accident lawyers

Truck Companies in Texas Set Deadlines

Texas trucking companies expect deliveries to be made on time. This can put undue stress on the driver to make his deadlines. As mentioned, however, there are federal regulations that govern the number of hours the truck driver is allowed to drive. A Texas long-haul trucker has a cab in the back of the truck and, after a certain amount of hours, the driver is supposed to go off duty, get some rest and sleep in the cab.

More times than most of us can imagine, truckers drive well past the time when they should call it quits for the evening. Fatigue sets in and the trucker’s reflexes slow down. Unfortunately, when this happens, innocent motorists are frequently injured or killed. The driver’s failure to take breaks and get the proper amount of rest, as prescribed by the law, can result in a catastrophic accident of a semi, big rig, or 18-wheeler along a Texas highway. In these cases, a Texas trucking company may be found accountable for the driver’s negligent behavior and have to pay at least a portion of the victim’s personal injury or property damage claim.

Texas Truck Stops

One of the most common ways truckers get adequate rest is to use a truck stop. If a Texas truck driver fails to get proper rest, which is defined under federal and Nevada truck regulations, then the driver will be found negligent if a truck accident occurs due to driver fatigue. These establishments provide a quiet parking space where truckers can pull over and sleep in their cab.

Don’t be a victim of driver fatigue. Truck drivers are required by law to rest, and you have rights if you have been injured by an overworked, fatigued truck driver.

Texas Truck Drivers are Experts in Their Field

Texas truckers are expert truck drivers. They have a commercial driver’s license and have chosen to drive large trucks professionally, as a career. As such, commercial truck drivers have a duty to do their job right. Just as a Texas truck accident lawyer can’t take a case and just “half-way” work on it, or do it a little bit, a trucker shouldn’t either.personal injury - truck accident attorneys

Driver Fatigue Impairs Judgment

Most often, in driver fatigue cases that occur on Texas roads and highways, the trucking company and the driver are at fault.

Truck drivers who fail to get adequate rest or who stay awake longer than the recommended number of hours may suffer sleep deprivation. Lack of sleep can severely impair judgment and slow the response time of a person who is sitting behind the wheel of a tractor trailer, big rig, or semi truck traveling along Texas streets and highways.

When a trucker driving in Texas becomes tired, sleepy, and fatigued, the trouble is compounded because one’s judgment can become impaired in addition to one’s response time. The truck driver won’t be able to think clearly and won’t be able to evaluate the extent of his or her own impairment. This makes the situation especially dangerous for fellow motorists.

If you have been involved in a truck accident in the Texas area, or a surrounding area, you are entitled to compensation, whether the cause was driver fatigue, recklessness, or poor truck maintenance. Act fast and hire a qualified Truck Accident Attorney to represent you! For more Question please visit this website @ https://fordandlaurel.com

Too many People die in Traffic Accidents

Accident

An estimated 37,500 people die as a result of truck accidents and collisions in the United States each year. San Antonio is the second largest city in Texas, with a population of almost 1.7 million. San Antonio has its fair share of truck accidents due in large part to high population density and congested traffic patterns. As the county seat of Bexar County, SA is a sprawling area with a great deal of traffic congestion which leads to frequent automobile accidents of all types, including truck accidents. We also experience a high volume of commercial traffic through the Interstates.accident injury lawyers

Supporting Bexar County are several major freeways such as I-10, I-35, I-37 and 281. These major roadways and highways see a high volume of traffic each day. Bexar County, like any other large metro area in the United States, experiences a number of truck accidents which can seriously affect the lives of our County residents. It is in these unfortunate instances that you need a truck accident lawyer to advocate on your behalf. If you have a South Texas truck accident claim, call one of the truck accident lawyers listed on this site for a free initial consultation.

South Texas Semi Accident Injury Attorney

Because a commercial vehicle accident involving an automobile usually results in severe injuries or death, due to the weight difference of a car versus the weight of a tractor trailer, it is essential that you choose an experienced commercial vehicle accident attorney. Commercial vehicles come in all shapes and sizes and are called various names throughout the United States. Here are just some common names and their meanings:


Commercial Truck
Semi Truck
Tractor trailer
18 Wheeler
Big-Rig

The above five references usually refer to a vehicle that has, when you count all the axles of both the tractor and trailer, a total of 5 axles, 10 brakes, an average overall standard height of 13´ 6´´, an overall length of 70´ to 80´, a total of 12 gears (10 forward and 2 reverse), and an overall maximum weight of 80,000 pounds without any overweight certificates. Compared to the average weight of an automobile, which is only 5,000 pounds, you can easily see how much more dangerous a large truck like this could be.

Big-Rig Injury Lawyers

Then there are trucks that do certain things and carry certain items:

Bob-Tail Trucks
Tanker trucks
Refrigerated trucks
Flat bed trucks
Logging trucks

Then there are trucks that are commercial in nature but do not necessarily involve long haul situations. Some of the examples stay within the State of Alabama and some do not. However, when any one of these is involved in a wreck, it is advisable to retain a attorney with Big-Rig accident knowledge.

Limo Bus accidents occur running from and to;
Shuttle bus accidents driving to and from the airport, e.g., our Regional Airport;
Transportation buses such as Greyhound;

Metro Buses.

Truck accidents caused by semi trucks, big rigs, 18-wheelers, tractor trailers, buses and commercial vehicles are common on our streets, avenues, and highways. Many of the semi truck crashes that occur in the city of San nAntonio happen along the major highways, which include I-10, I-35, I-37, US-281. personal injury - truck accident attorneys

Truck Accident Lawyers

When driving along a intersection, avenue, or highway, there are many factors that can lead to a commercial semi-truck rollover, jackknife accident, or tractor trailer collision. The consequences can be devastating, with very serious injuries that can even result in death. When truck drivers fail to take the necessary precautions to avoid trucking accidents, they needlessly endanger the lives of people who ride in smaller vehicles. Drivers of semi tractor-trailers and 18-wheelers are often pressured to work long hours in order to meet delivery deadlines. Drivers are required by federal law to take breaks and adhere to safety regulations, but they often take shortcuts when it comes to driver safety, resulting in driver negligence.

Under federal and state laws, a trucking company may be held liable for driver negligence occurring here. If you have been a victim of a tractor trailer or big rig truck accident in South Texas , or a nearby area, you are entitled to compensation for your injuries. A qualified truck accident lawyer or attorney who is familiar with the federal laws as well as Alabama laws and regulations regarding commercial trucking can be a great asset in any potential lawsuit against a trucking company. This is a good reason why anyone involved in a truck collision should consider hiring a truck accident law firm to represent them in their claim against the trucking company. If you live in South Texas, your lawsuit will be filed here:

Truck Accident Attorneys Serve San Antonio and South Texas
Our Truck Accident Attorneys are experienced in handling serious injury truck collision cases and can help you fight the trucking company or its insurer in order to get you the compensation you deserve. Contact our Truck Accident Lawyer today for a FREE INITIAL CONSULTATION.