In Texas, if another driver causes your car accident, his or her car insurance company will have to pay for your losses. This includes your medical bills, property repairs, pain and suffering, and lost wages from missed work. If you do not have any injuries from the collision, you could still be eligible for financial compensation for your other losses.

Vehicle Repairs or Replacement

Every driver in Texas must purchase at least $25,000 in property damage liability insurance. This type of auto insurance will pay for the repairs your vehicle requires, up to the policy’s maximum. If the car accident totaled your vehicle, meaning the cost of repairs is more than the total value of the car, the other driver’s insurance company will be responsible for reimbursing you for the full pre-crash market value of the vehicle. The other driver’s insurance will also pay if you had to rent a car while yours was in the shop.

Lost Wages

If the car accident took you out of work, such as for a medical evaluation or to deal with your wrecked car, you can list lost wages as part of your claim. List the amount you would have received at your job had the car accident not interfered with your ability to work. Although your lost wages may not be as significant as they would be if you had been injured, you can still report missed earnings, employment benefits or opportunities. You can also seek financial compensation for any sick days or vacation days you had to use because of the car accident.

Pain and Suffering

Pain and suffering is a broad damage category that encompasses many different types of noneconomic or intangible losses. These include mental anguish, emotional distress, and physical pain and suffering you endured because of the car accident. It can also include lost quality of life, lost enjoyment of life and psychiatric issues such as post-traumatic stress disorder. If you lost a loved one in a car accident, you may also be eligible for compensation for your grief and loss of consortium. Even if you were not physically injured, if the car accident caused any noneconomic damage, the other driver may owe you compensation.

Who Is Responsible?

The person or party responsible for paying for your losses during a no-injury car accident claim depends on many factors, including the laws in your state and the cause of the crash. Texas is a fault state, meaning the insurance system holds the driver or party at fault for causing the crash financially responsible for related losses. It will be up to you or your car accident lawyer to determine and prove fault during your car accident claim. Most car accident cases in San Antonio name another driver as the at-fault party or defendant. The other driver could be responsible for paying for your related bills if he or she was careless, reckless or distracted and this caused the collision. The defendant could also be the manufacturer of your vehicle if a part defect caused the crash, or the government if a roadway hazard was to blame. A lawyer can help you determine and prove fault for your collision.

How Much Is Your Case Worth?

Although the value of your car accident case will be reduced if you have no physical injuries, the law may still entitle you to financial compensation for the losses you did suffer. The value of your case will depend on factors such as the value of your vehicle, the extent of your damage, your income level, the number of days you had to take off of work and the car insurance that is available. For an accurate evaluation of the value of your car accident case, contact an attorney in San Antonio for a free consultation. An attorney will provide an in-depth evaluation to estimate the worth of your no-injury claim. Then, if your case would benefit from legal representation, a lawyer can help you fight for fair financial compensation from an insurance company.

A car accident can have serious physical repercussions on the occupants of the vehicle. The mechanics of a car crash can injure vital parts of the body, such as the brain and spinal cord. A back or spine injury from a car accident can cause many symptoms that interfere with a victim’s quality of life. If you or a loved one suffers any type of back injury in a San Antonio car accident, consult with a spinal cord injury attorney for legal help.

Herniated or Slipped Disk

Spinal cord disks are round, rubbery disks that sit between the vertebrae of the spine. They have tough exteriors and soft, jelly-like interiors. They act as shock absorbers to protect the bones of the spine. In a car accident, a victim can suffer a slipped disk, meaning a disk has moved from its correct place in the spine. A ruptured disk is an injury where the exterior of the disk ruptures and the interior leaks out. Discogenic pain is another type of spinal disk injury that can occur in an auto accident. This refers to shooting pains that can occur at random. These pains may occur in a single damaged disk or radiate throughout the body (sciatica). Common associated symptoms include pain in the arms or legs, numbness or tingling, and general weakness in the limbs.

Facet Joint Injury

Facet joints in the spinal cord are what connect each vertebra in the spine. These joints are where nerve roots pass to connect the spinal cord to other parts of the body. They are also responsible for the bending and flexing movements of the spine. If a facet joint sustains an injury in a car accident, it can lead to significant pain and discomfort. Facet joint injuries can lead to painful muscle spasms, with no known cure. Therapeutic massage may help manage facet joint pain.

Whiplash

The neck is an extension of the spinal cord. It contains the top seven vertebrae of the spine (the cervical spine). The most common neck injury suffered in car accidents is whiplash. Whiplash is a soft-tissue injury that can refer to stretching, straining or tearing of the muscles in the neck. It can lead to pain that radiates down the shoulders and arms, as well as headaches and loss of mobility. Most victims make full recoveries from whiplash, but it may take several weeks to heal.

Chronic Pain

Chronic pain is pain in any part of the body that is consistent, meaning it persists for long periods of time. Chronic back pain can be debilitating, getting in the way of the victim’s ability to perform daily activities, work, play with children and enjoy life. Chronic back pain can result from nerve damage in a car accident. It may be possible to manage pain with medication and other treatments.

Spinal Fractures

A fracture is a cracked or broken bone. A spinal fracture refers to a broken vertebra. This injury can occur in a car accident if the back or spine impacts something, such as the steering column or the force of a seat belt. It can also be a type of crush-related injury, which can cause spinal compression. A spinal fracture can lead to chronic back pain, mobility problems, misalignment and permanent injuries, such as paralysis.

Paralysis (Tetraplegia/Quadriplegia and Paraplegia)

Paralysis is the loss of feeling and function below the point of injury on a spinal cord. It is an irreversible condition with no known cure. There are different types of paralysis according to the parts of the body affected. Tetraplegia (also known as quadriplegia) refers to paralysis in all four limbs and the trunk, often caused by injuries to the top part of the spine. Paraplegia is paralysis in only the lower half of the body. These injuries can be complete or incomplete, depending on whether or not the victim retains any mobility or sensation below the point of injury.

Being involved in a car accident can be alarming and confusing. It can be easy to forget what information you need to exchange with the other driver in the adrenaline of the moment. It is important to exchange certain information, however, to abide by Texas’ state law as well as to protect your right to recover financial compensation for your medical bills and property repairs. In the aftermath of a car accident in Dallas, do your best to exchange the following information.

Names and Contact Information

Texas Transportation Code Section 550.023 states that after striking another motorist or an unattended vehicle, you have a legal obligation to give your name and address to the owner of the other vehicle. You will exchange this information with the other driver(s) involved in the crash, or else you will leave your own information in a note affixed in a conspicuous place on an unattended vehicle after making a reasonable effort to locate the owner. The note should also include a brief description of the accident.

Driver’s Licenses

If requested and available, both drivers should show their driver’s licenses to the other party. You may take a photograph of the other driver’s license, if desired, or write down the driver’s license number. If the other driver does not have a driver’s license or it is not available, call the police to report the infraction, as driving without a license is a traffic violation in Texas. If the other driver does not request to see your license, you do not have to show it.

Vehicle Information

Exchange information about your vehicle with the other driver, as well. This includes a description of the make, model, year and color of the car, as well as the registration number and vehicle identification number (VIN), typically found on the dash of the car or the inside of the driver’s side door. You may also wish to write down the vehicle’s license plate numbers.

Insurance Information

Finally, exchange insurance information with the operator of the other vehicle and anyone else injured in the crash. This includes the name of your motor vehicle liability insurance provider, as well as your policy number. Ask for the other driver’s insurance information before you leave the scene. If you discover that the other driver is uninsured or underinsured, report it to the police.

The Duty to Render Aid

You also have a duty to render aid to anyone injured in the car accident. This means to provide reasonable assistance to anyone injured in the car accident, including calling an ambulance or transporting the person to a hospital for medical treatment, if necessary.
If you leave the scene of a car accident that causes any injuries, deaths or property damage without fulfilling your responsibilities as a driver, you have committed the crime of a hit-and-run. In Texas, this crime can result in expensive fines, jail time and a misdemeanor conviction.

What Else Should You Do After a Car Accident in Dallas?

In Texas, the law requires you to report a car accident to the police if it causes more than $1,000 worth of vehicle damage or any injuries or deaths. Call the police immediately, while still at the scene of the crash. Check yourself and others for injuries. Then, take photographs and videos of the crash scene. Capture close-up shots of any property damage, as well as wide-lens shots of the entire accident scene.
Go directly to a hospital in Dallas after leaving the scene of the crash. Prompt medical care can help you recover from your injuries, as well as show an insurance company that you did your best to mitigate your losses. When you are ready, call your car insurance company to file a report of the crash. Then, contact a car accident attorney in Dallas for a free consultation about your legal rights. You may be eligible for financial compensation from the other driver.

In a car accident case in Texas, it is up to you (or your attorney) as the injured victim to establish someone else’s fault based on evidence. There are many forms of evidence, including documentation and photographs. One of the most compelling types of evidence, however, is testimony from an expert witness.

What Is an Expert Witness? Who Qualifies as an Expert?

An expert witness is someone brought into a car accident or personal injury case to testify using special knowledge of a relevant subject. In an injury claim, for example, a medical expert witness may be necessary to explain the nature of the victim’s injuries to a jury, and how they will most likely impact the victim.
An expert witness is someone with the experience, training and education to be an expert on the subject at hand. Thus, his or her testimony is accepted as an accurate account. There are many different types of expert witnesses who may be called upon to testify in a car accident case, including:

• Physicians and medical professionals
• Physical therapy and rehabilitation specialists
• Psychologists or psychiatrists
• Car accident reconstructionists
• Highway safety experts
• Engineers
• Economists and financial experts
• Accountants and forensic accountants

The parameters of who qualifies as an expert witness depend on state and federal rules of evidence. According to federal law, an expert witness is someone qualified to speak on a specialized subject due to his or her knowledge, education, skill, training or on-the-job experience. It is typically someone who currently has a career or is a teacher in the field.

What Is the Role of an Expert Witness in a Car Accident Case?

When hired to testify during a car accident case, an expert witness explains complex matters that the average person would not know to the jury, such as the mechanics of an injury or what happens inside of the cab of a vehicle in a motor vehicle accident. An expert witness will give his or her professional opinion on a matter pertaining to the injury claim, such as the medical probability of the victim making a full recovery or an opinion as to what caused the crash.
An expert can help establish the facts of a car accident case and explain key concepts to a jury in a way that a layperson can understand. Testimony from an expert can provide a logical explanation of who or what caused the car accident, as well as prove your injuries and losses. Whether or not you need to hire an expert witness for your car accident case in Dallas depends on the specific details.

Do You Need an Expert Witness?

A car accident attorney can review your case to determine whether or not it would benefit from testimony from an expert witness. If so, the attorney and law firm will have connections to qualified expert witnesses in Texas who can testify on your behalf. Car accident cases that typically need expert witnesses are those with significant or catastrophic injuries, where the victim has a lot at stake. A minor car accident claim, on the other hand, may not justify the resources spent on hiring an expert witness.

How Much Does an Expert Witness Cost?

Expert witnesses often charge high fees to pay for their time and energy. The exact amount it takes to hire an expert witness depends on the individual expert and the amount of work he or she is expected to perform on your case. Most experts work for an hourly rate. The average hourly fee for a medical expert is $500 per hour. Nonmedical experts typically charge about $250 per hour. There are often different rates for paperwork and reviews compared to testifying in court.
For more information about expert witnesses, and to find out if your car accident case could benefit from hiring one, contact a personal injury lawyer in Dallas today.

A rear-end collision is a common type of car accident in San Antonio. It describes the front of one vehicle striking the rear-end of another vehicle. A rear-end collision can be a low-speed crash, such as in congested traffic, or a high-speed crash, such as in a distracted or drowsy driving accident. Although most people assume the rear driver is to blame for a rear-end collision, fault is not automatic. It may take an in-depth investigation to determine fault.

Typical Rear-End Collision

A typical rear-end collision describes a crash involving only two vehicles: the rear driver (Driver B) and the front driver (Driver A). In this type of crash, Driver B is often – but not always – to blame. All drivers have a responsibility to keep a proper lookout and maintain a safe following distance. Following too closely (tailgating) or failing to pay attention to the road could lead to Driver B striking the rear of Driver A’s vehicle. In this scenario, Driver B will most likely be liable for the damage.

Brake Check Accident

There are situations in which Driver A, the front driver, could be responsible for a rear-end collision in Texas. If the front driver caused or contributed to the crash by brake checking, for example, he or she could be at fault. Brake checking means to slam abruptly on the brakes without reason. If brake checking causes a rear-end car accident, Driver A could be liable. Driver A could also bear liability for a rear-end collision if he or she had a brake light or taillight out and this contributed to the crash. Lack of proper vehicle maintenance could cause a crash by failing to warn Driver B that Driver A is stopping. Although it is still Driver B’s responsibility to keep a proper lookout and hit the brakes before impact, Driver A could absorb partial liability if a broken taillight contributed to the wreck. Finally, Driver A could be responsible for a rear-end car accident caused by a sudden or unsafe lane change. Lane-change accidents are some of the most common types of vehicle collisions in Texas. If Driver A abruptly cuts off Driver B with a dangerous lane change and Driver B could not stop in time to avoid a rear-end collision, Driver A could be liable.

Chain-Reaction Crash

A chain-reaction crash is a collision involving more than two cars. It describes a chain of multiple rear-end collisions: Driver C => Driver B => Driver A. It can be more difficult to determine fault for a chain-reaction accident, as there are more than two drivers involved. In general, the driver who initiated the chain-reaction accident with the first rear-end collision will be responsible for the crash. Without this driver’s mistake, the subsequent rear-end accidents would not have occurred. In the example above, the liable driver would most likely be Driver C, if Driver C struck Driver B, who was then pushed into Driver A. Other drivers may also bear liability, however, depending on the circumstances.

How Can a Car Accident Attorney Help?

A car accident attorney will have experience handling many different types of rear-end collision cases in San Antonio. This will give the attorney knowledge and information about how and why these car accidents take place. An attorney will also have the resources to thoroughly investigate the crash and reconstruct it to determine fault. Finally, an attorney can help you prove another driver’s liability for a rear-end collision in San Antonio through evidence such as expert testimony and eyewitness statements. For more information about how a car accident lawyer can help you with a rear-end collision case, contact The Law Firm of Aaron A. Herbert today.

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.