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

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

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

What is right of way?

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

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

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

Importance of understanding right of way laws in San Antonio

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

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

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

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

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

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

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

Understanding Right of Way at Intersections

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

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

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

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

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

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

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

Pedestrian Right of Way Laws in San Antonio

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

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

Right of Way Rules for Cyclists in San Antonio

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

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

Right of Way Laws for Emergency Vehicles in San Antonio

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

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

Consequences of Violating Right of Way Laws in San Antonio

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

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

Conclusion and importance of safe and responsible driving in San Antonio

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

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

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

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

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

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

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

Understanding uninsured at-fault drivers

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

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

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

The financial impact of uninsured at-fault drivers

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

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

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

Reporting the accident and gathering evidence

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

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

Filing a claim with your insurance company

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

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

Pursuing legal action against the uninsured driver

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

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

Uninsured motorist coverage and its importance

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

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

Steps to take to protect yourself from uninsured drivers

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

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

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

Resources for victims of uninsured at-fault accidents

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

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

Frequently asked questions about uninsured at-fault drivers

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

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

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

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

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

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

Conclusion: Taking action and seeking justice

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

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

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

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

Are Lawyers Required for All Car Accident Lawsuits?

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

Should You Hire a Car Accident Lawyer in Dallas?

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

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

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

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

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

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

How Can a Dallas Car Accident Attorney Help me?

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

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

Discuss Your Specific Case During a Free Consultation

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

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

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

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

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

How Long Do Car Accident Settlements Take?

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

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

Texas insurance companies must follow this general timeline: 

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

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

Proving Damages

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

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

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

Types of Damages

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

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

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

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

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

Is it Worth Getting an Attorney for a Car Accident?

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

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

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

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

Collect Evidence at the Scene

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

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

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

Do Not Admit Fault

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

Be Careful When Speaking to an Insurance Adjuster

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

What Is Texas’ Comparative Fault Law?

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

Hire a Dallas Car Accident Lawyer

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

After a car accident, you must ensure your insurance claim gets processed promptly and efficiently.

Getting an accident report to your insurance company as soon as possible is a simple and necessary step in the right direction.

However, the process of getting your copy depends on where you live.

To get an accident report in Plano, follow the steps below.

Do I Need a Plano Accident Report?

Plano police accident reports provide an official and detailed description of what occurred during an accident.

In many jurisdictions, like Plano, accident reports are required when injuries, major damage, or extenuating circumstances are involved.

In Texas, a police accident report must be prepared if anyone was injured or died in the accident or if there appears to be $1,000 or more worth of damage to someone’s property.

You’re almost always required to report any traffic accident to your car insurance company, regardless of whether you claim coverage. You can report the accident or file an insurance claim without a police report.

However, having one can speed up the process and help prove the legitimacy of the accident.

Where to Find an Accident Report in Plano

Plano police incident reports are held online by the Plano Police Department on the Traffic Crash Records page.

Due to their confidential nature, a Plano, TX, police report is not available for online viewing by the general public. 

To access Plano traffic accident reports, you must enter the report number or supply information in at least two of the three blue fields in the search engine. Your name and involvement type are also required.

If your search returns any results, the screen will display a list of matching reports, and you can then select the report you wish to pay for and download. Search fields are not case-sensitive and will look for partial matches.

Reports are only available online for accidents that occurred within approximately the last two years. Older reports are available by contacting the Plano PD Records Department.

It can take up to 10 business days before reports are processed and available for download. Reports are available online for six dollars each.

What’s Included in a Plano Accident Report?

Accident reports must include important information like the cause of the accident and the conditions of the persons and vehicles involved in the accident.  

Additionally, the police department prepares a report when requested by other police departments, coroners, sheriffs, garages, and other suitable agencies or individuals.

The accident report will have various abbreviations and codes that may not be easy to understand.

Fortunately, the Plano police department provides a copy of the codesheet to help you decipher any confusing parts of the report. You can find the code sheet here.

The Law Office of Aaron Herbert Can Help You 

If you still have questions regarding the accident report process—like where to request one or whether you need one—you may need to speak with an attorney.

An experienced attorney will help guide you through the insurance claims process and fight for your best interests.

For an experienced advocate who knows how to protect your rights after a car accident, contact the Law Office of Aaron Herbert today.

Car accidents happen every day.

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

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

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

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

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

What to Do If You Are in an Accident 

Step 1: Call the Authorities 

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

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

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

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

Step 2: Document the Accident 

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

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

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

Step 3: Seek Medical Treatment 

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

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

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

Step 4: Contact your Insurance 

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

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

How to Obtain a San Antonio Accident Report 

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

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

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

The Law Office of Aaron Herbert Can Help 

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

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

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

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

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

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

Requirements for Odessa Police Department Accident Reports

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

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

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

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

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

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

Ordering an Accident Report In-Person

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

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

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

Ordering a Car Accident Report Online

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

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

Obtaining a Copy of Your Report Via Phone

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

How We Can Help You

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

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

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

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

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

Car Accidents and Delayed Injuries

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

Common Back and Spine Injuries From Rear-End Collisions

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

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

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

Go to a Doctor Immediately

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

Collect Evidence of Your Injury

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

Consult With a Car Accident Attorney in Dallas

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

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

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

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

Why Are Fort Worth Texas Accident Reports Important?

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

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

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

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

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

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

How Can I Get Fort Worth Police Accident Reports?

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

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

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

Online

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

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

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

By Mail

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

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

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

In-Person

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

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

Contact Us

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

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

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

After a car accident, you need strong support.

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

If you suffered injuries in a car accident, you might rightfully be focused on your physical and emotional recovery.

Requesting documents, contemplating potential lawsuits, and arguing with insurance companies may feel far from your mind.

However, remember that Texas law protects your right to seek compensation from the negligent party that caused your accident and injuries.

Your accident report is one essential piece of evidence in a potential lawsuit and insurance claim.

Today, the attorneys at Aaron A. Herbert, P.C. will discuss how to obtain a copy of Dallas, Texas, accident reports.

What Are Dallas Car Accident Reports?

The Texas Peace Officer’s Crash Report, or the CR-3, includes useful information victims may miss or forget.

Law enforcement officers at the scene compile helpful information that they record in Dallas county accident reports.

This information includes the following:

• The date, time, and location of the collision;
• The names and contact information of parties involved;
• The makes and models of vehicles involved;
• Insurance information for parties;
• Details regarding any injuries;
• Details regarding property damage;
• The names and contact information of any witnesses;
• The violation of any laws and issuance of any citations;
• Weather and traffic conditions at the time of the accident;
• A sketch of the accident; and
• The officer’s opinion on the cause of the accident and their determination of fault.

The officer’s narrative and fault determination are extremely valuable for insurance claims and personal injury lawsuits.

However, carefully read your accident report to spot any mistakes or errors. The sooner you have a chance to review your report, the sooner you can correct any inaccuracies.

How Can I Get Dallas Police Accident Reports?

There are three methods of obtaining a copy of the CR-3 report: online, in-person, and by mail.

Online

Dallas accident reports are available online from the Texas Department of Transportation. They are generally available five to seven working days after the crash.

The Texas Transportation Code requires reporting law enforcement officers to file crash reports with the Texas Department of Transportation (TxDOT) for any accident causing injury, death, or $1,000 or more in property damage.

The TxDOT collects crash reports from all Texas reporting agencies for collisions occurring on public roads or highways.

Copies of Dallas car accident reports cost $6.00 per copy or $8.00 for certified copies for use in court.

Mail

You may obtain Dallas Texas accident reports from the Dallas Police Department by mailing a written request to the Open Records Unit at 1400 Botham Jean, Dallas, TX 75215.

Provide a check for $6.00 for your copy with your request. Include the name of a person involved in the accident and the accident’s location or date.

In-Person

In-person requests may be made at the customer service window of the Dallas Police Department located at 1400 Botham Jean, Dallas, TX 75215.

As with mail requests, you must provide the name of a person involved in the accident, the accident’s location, or the accident’s date.

Texas Transportation Code § 550.065 only permits the release of accident reports on written request and payment to anyone directly concerned in the accident or having a proper interest.

This includes parties involved in the accident and any authorized representative, employer, parent, or legal guardian.

Contact Us

At Aaron A. Herbert, P.C., we fight to obtain outstanding results for our clients throughout Texas.

We’ve worked hard to earn a reputation in the community as hard-hitting, determined attorneys with impeccable litigation skills and negotiation tactics.

Over the years, we’ve secured millions of dollars for our personal injury clients.

Contact us today for a free case evaluation to find out how our legal team can help you.

Once the dust settles after suffering injuries and damages in a car accident, the first question you might ask is, What is the average settlement for a head-on collision?

Understandably, getting control of your finances is probably top of mind after an accident.

As your medical bills pile up, it may be hard to concentrate on your recovery.

While the value of a head-on collision settlement will vary from case to case, there are a few factors that may affect settlement values.  

What Factors Influence Head-On Collision Settlement Values? 

Many injured victims walk into an attorney’s office and ask, What is the average settlement for a head-on collision?

Unfortunately, an average settlement does not exist. Each case presents its own unique set of facts and circumstances that impact potential settlement values.

Multiple variables are involved, and each victim will have a different experience. Below is a list of common factors that influence head-on collision settlement values. 

Insurance 

Insurance limits impact settlement values. The coverage limits of the liable driver’s insurance company will cap the amount you can receive from an insurance settlement.

Texas requires all drivers to carry minimum insurance coverage of $30,000 for injuries per person, $60,000 total per accident, and $25,000 for property damage.

For many, these sums barely scratch the surface of their damages. When an insurance settlement won’t cover all of your damages, you have the option to pursue a personal injury lawsuit against the responsible driver. 

Severity of Injuries

Car accident injuries vary in severity. However, head-on collisions often result in serious injuries.

Spinal cord injuries and traumatic brain injuries may occur and can permanently affect a person’s day-to-day life.

Victims of severe or catastrophic injuries will often receive higher settlement amounts than people who suffer injuries they can recover from.   

Length of Treatment 

A personal injury case might not settle until an injured victim has completed treatment for their injuries. It’s vital to closely follow your doctor’s orders and treatment plan.

For those suffering severe injuries, multiple surgeries, a lengthy recovery period, and months of physical therapy may be prescribed. Some victims may never fully recover.

Accepting a settlement offer before you know the full extent of your recovery costs could result in compensation that fails to provide the financial support you need. 

Legal Fees 

Your potential settlement values are impacted by the terms of your fee agreement with your attorney.

Most personal injury attorneys don’t get paid until they obtain a settlement or judgment on your behalf.

A percentage of your total settlement is then paid out to your attorney. This percentage is established at the start of your case. 

What Is Included in a Settlement? 

When parties in a personal injury lawsuit settle, the injured victim agrees to accept money in exchange for not pursuing a claim against the responsible party. 

Determining what to accept in settlement discussions requires a calculation of your compensatory damages.

In Texas, compensatory damages include economic and noneconomic damages. 

Economic Damages 

Economic damages represent financial losses directly related to your injuries. Economic damages include costs and expenses for the following:

• Medical expenses, 
• Property damage, 
• Lost wages, and
• Loss of future earnings. 

These financial losses can be calculated by looking at your bills, receipts, invoices, and other documentation showing your expenses.

Noneconomic Damages

Noneconomic damages compensate you for the emotional losses you suffered because of an accident. These are only available if you first prove you suffered harm.

Examples of non-economic damages include:

• Pain and suffering,
• Disfigurement and scarring,
• Permanent injury or disability,
• Loss of consortium,
• Loss of enjoyment of life, and
• Emotional distress.

Due to their subjective nature, noneconomic damages are difficult to quantify.

For example, how does one assign a value to a scar that permanently changes your physical appearance or the pain and suffering caused by your injury?

An experienced attorney can help you determine the full extent of your damages so that you can pursue the compensation you deserve. 

Punitive Damages 

The Texas Civil Practice and Remedies Code Section 41.003 awards punitive damages if an injured victim proves their harm resulted from fraud, malice, or gross negligence.

Establishing negligence alone does not permit an injured victim to claim these damages in a head-on collision lawsuit.

Texas law caps punitive damages at $200,000 or two times a person’s economic damages plus an amount equal to any noneconomic damages found by the jury not to exceed $750,000. 

Contact Us 

The Law Office of Aaron Herbert has worked hard to earn a reputation in the community as hard-hitting, determined attorneys who mean business in and out of the courtroom.

With a mission focused on passionate advocacy for injured victims, our team combines legal experience, aggressive litigation, and personalized plans to help our clients fight for the compensation they need.

Contact us today to schedule a free case evaluation to learn how we can help you. 

Obeying Texas’ seat belt and booster seat laws is more than just a legal matter. It can mean life or death if you get into an accident. Children are especially vulnerable to serious personal injuries in auto accidents, making it important to always follow the state’s car seat and booster seat laws. Get the details on the state’s most recent laws to keep yourself and others safe while traveling through Texas.

Seat Belt Facts

Lack of seat belt wearing is a major issue in the U.S. Out of all children ages 12 years old and younger who died in car accidents in 2017, 35% were not using safety restraint devices. In 2017, about 675 children died and 116,000 suffered serious injuries in motor vehicle accidents. The Texas Department of Transportation finds that seat belts can improve the odds of survival in a car accident by 50% for front-seat passengers. Combined with airbags, wearing a seat belt is the most effective way to reduce serious injuries and fatalities in car accidents.
Car accidents are one of the top leading causes of death for those under 54 in the U.S. In 2017, 23,714 vehicle occupants lost their lives in motor vehicle accidents in the U.S. If everyone in these accidents had been wearing seat belts, thousands likely would have survived. Seat belts prevented an estimated 15,000 deaths in 2016. Although airbags are also important for preventing injuries, they are not substitutes for seat belts.

Seat Belt and Booster Seat Laws

It is against the law in Texas to operate or ride in a motor vehicle without using a safety belt. All drivers and their passengers, of all ages, must wear seat belts. A safety belt violation could cost the driver $25 to $250 in fines, on top of additional court costs. An adult driver will be vicariously responsible for any minors not wearing seat belts or using car seats in the vehicle.

Section 545-412 of the Texas Transportation Code makes it an offense to operate a motor vehicle while transporting a child under eight years old unless that child is in a passenger safety seat system or the child is taller than 4’9.” The fines for breaking Texas’ child seat law is $25 to $250, plus a misdemeanor charge. The rule does not apply to vehicles for hire, such as taxis, as well as if the driver was operating the vehicle in an emergency.

Which Child Safety Seat Should You Use?

Auto manufacturers design seat belts for adult passengers, not for children. The lap and shoulder belts of a safety harness will not fit correctly over a small child. Instead, you must use an appropriate child restraint system to properly protect your child from injuries until he or she is old enough to use a seat belt.

• Rear-facing car seat. Infants up to age two should sit in rear-facing car seats for optimal safety. Newborns should stay in rear-facing seats until they meet the height and/or weight requirements to transition to the next seat.
• Forward-facing car seat. Children ages two to four (or until they reach the maximum height and weight requirements) should sit in forward-facing car seats. All car seats should go in the rear seat of the vehicle.
• Booster seat. Children ages four to eight belong in booster seats, which will lift them to the correct height to properly wear an adult seat belt until they reach 4’9.” The belts should rest on the chest and hips or upper thighs, not the neck or waist.

Children over 8 years old should always wear seat belts and should remain in the back seat until at least age 13. Sitting in the front seat could put a young child at risk of serious injuries from the force of airbag deployment in an accident. Failing to properly secure a child in the appropriate safety seat could lead to a fine in Texas. It could also contribute to serious, life-threatening injuries for the unsecured child in an accident. The best way to keep yourself and your passengers safe is to buckle up.

The vast majority of all car accident cases in Texas settle, meaning the injured victim reaches a settlement agreement with the at-fault party’s insurance provider. If your case does not settle, however, your lawsuit may go to trial in Dallas County. Although a car accident trial can seem daunting, with an experienced car accident attorney by your side, you can go through each phase of a court case with greater peace of mind. Find out what happens when a car accident case goes to trial in Texas to know what to expect.

When Will a Case Go to Trial?

There are two main ways to resolve a car accident liability dispute: an insurance settlement and a personal injury lawsuit. A settlement refers to out-of-court negotiations between the insurance company and an injured party (or that party’s attorney). If a case cannot settle, it may go to trial. A personal injury trial allows both sides of a legal dispute to state their cases before a judge and jury. It is then up to the jury to decide whether the plaintiff or injured party met his or her burden of proof against the defendant.
A car accident case may have to go to trial in Texas if it involves complicated factors that cannot be worked out during settlement negotiations. Common examples are catastrophic injuries, high-value claims, liability disputes, the comparative negligence defense and insurance bad faith. If the insurance company refuses to offer a settlement that is fair and reasonable based on the victim’s losses, a victim may have no choice but to go to trial in pursuit of a just outcome.
 

Steps of a Car Accident Trial

If your car accident lawyer recommends going to trial to obtain the financial compensation that you deserve, he or she will explain what to expect from each phase of the court process. Your lawyer will represent you and can attend every hearing or pretrial meeting on your behalf. In general, a car accident trial will involve the following steps:

1. Discovery phase. This is a pretrial phase where both parties have the chance to learn what the other knows. Discovery involves an exchange of information, typically through depositions or requests for evidence. It allows both parties to prepare for the trial.
2. Jury selection. Once the discovery phase has ended, the attorneys representing both sides of the case will ask a panel of potential jurors a series of questions to find 12 suitable jury members.
3. Opening statements. On the date of the car accident trial, the trial will begin with opening statements from both parties. The opening statement is a summary of what the attorney plans on proving throughout the trial.
4. Presentation of evidence. Next is the presentation of evidence, where both the plaintiff and the defendant will have the opportunity to present records, documents, eyewitnesses, expert testimony and other forms of evidence to prove their cases.
5. Closing arguments. After all the evidence has been presented, both sides will give their closing arguments. They will discuss the evidence that was actually presented and try to persuade the jury to come to a certain conclusion.
6. Jury deliberation and verdict. The final stage is the jury receiving its instructions and deliberating on whether or not the plaintiff met his or her burden of proof. If so, the plaintiff will be awarded financial compensation. If not, the defendant will be found not liable.

Keep in mind that your car accident case can achieve a settlement at any time before the court date. Throughout the pretrial process, your lawyer can continue to try to reach a settlement through negotiations with the insurance provider. If your case does end up in court, your attorney will use a tailored legal strategy to optimize your odds of success. For more information about a car accident trial in Texas, contact a trial attorney at The Law Firm of Aaron A. Herbert, P.C. for a free consultation.

Automobile insurance is required in all 50 states. Car insurance is proof that a driver is financially capable of paying for a crash victim’s medical bills and property repairs. Making minimum amounts of car insurance mandatory for all drivers is a way to protect citizens from having to pay out of pocket for damage that they didn’t cause. Learn Texas’s car insurance laws to make sure you have enough coverage.

Minimum Required Amounts of Insurance in Texas

If you register a vehicle in Texas that you plan on driving, you legally must purchase at least the minimum required amounts of insurance under state law. The required types and amounts of insurance vary from state to state. If you have moved to Texas from a different state, you must update your address and coverage to match the required amounts. As of 2021, Texas’s minimum liability coverage is 30/60/25, meaning the following amounts of insurance are required:

• Bodily injury liability per person: $30,000
• Bodily injury liability per accident: $60,000
• Property damage liability per accident: $25,000

You may also opt to pay for greater coverage limits, as well as optional types of coverage. The minimum amounts of insurance in Texas only pay for the other driver’s losses, not yours. For first-party coverage, you could purchase uninsured or underinsured motorist, medical payment, rental car reimbursement, and/or personal injury protection insurance.

How Does Liability Insurance Work?

Texas is a fault state, not a no-fault state. It requires all drivers to have liability insurance to pay for other drivers’ bills and losses. After a car accident in Texas, an injured victim will file a claim with the insurance provider of the at-fault driver. As long as the driver has the required amount of insurance, his or her insurer will pay for the victim’s losses, up to the policy’s maximum. No-fault states, on the other hand, require personal injury protection (PIP) insurance to pay for a policyholder’s own medical bills, regardless of fault for the crash.

Penalties for Driving Without Insurance/Proof of Insurance

If you break the law by driving without the required amounts of insurance in Texas, you could face multiple penalties. These penalties can be severe, depending on the circumstances. The State of Texas takes car insurance requirements seriously, as insurance can decide whether or not a crash victim will recover compensation for his or her losses. The penalties for driving without insurance may include:

• A fine of $175 to $350 for a first offense, or up to $1,000 for a second or subsequent offense
• Mandatory SR-22 certificate (higher-cost car insurance).
• Suspension of your vehicle’s registration.
• Impoundment of your vehicle.

It is also a requirement to carry proof of insurance. This can take the form of an insurance card in your vehicle or wallet, or a digital version on your smartphone. If you are unable to show proof of insurance during a traffic stop, you will receive a ticket and have to pay a fine. Recently, Texas ended its Driver Responsibility Program, which imposed an additional $250 fine per year for three years after being caught driving without insurance. Even after the end of this program, however, the potential penalties are significant.

What Happens if You Get Into an Accident With an Uninsured Driver?

Unfortunately, many drivers in Texas are guilty of driving without the required amounts of car insurance. If you get into a crash with one of these drivers, contact an attorney right away. It can be more difficult to obtain the financial compensation that you deserve in this scenario. You may be able to file a claim with your own insurance provider if you have more than the minimum required amounts of car insurance in Texas. Another option could be a personal injury lawsuit against the driver or another party, depending on the circumstances. An attorney can review your case and list your legal options.

Getting a police report is one of the most important steps you must take after getting into a car accident in Texas. A police accident report can serve as a key piece of evidence during the financial recovery process. For example, a car insurance company will examine a police report to help establish the other driver is at fault for your accident, as well as to prove your losses. There are many reasons why you should always call the police after an automobile accident in Dallas.

When Does the Law Require You to Report a Car Accident to the Police in Texas?

In some cases, state law will require you to involve the police after a car crash. Failing to call the police in these scenarios could qualify as a hit-and-run, resulting in penalties such as fines and even jail time. As a general rule, you should always report a car accident to the police in Texas if you see:

• Confirmed or apparent injuries
• Deaths or unconsciousness
• Damage to the property of any one person in excess of $1,000

Even if your car crash qualifies as minor, calling 911 from the scene of your accident is an important step. Texas Transportation Code Section 550.062 requires law enforcement officers to report any accidents that result in injuries, deaths or expensive property damage to submit a written report to the Texas Department of Transportation within 10 days of responding to the scene. This report will create a piece of evidence that can be used during your case.

What Information Will You Find on the Police Report?

When the police arrive at the scene of your car accident, be sure to give them your version of events to be put in writing. Explain details such as where you were headed, how fast you were going and what you believe happened. Do not admit any fault or guilt for the accident, even if you believe you contributed to the crash. Instead, wait for an official investigation to determine fault. The police officer will create an official accident report that documents key information about the collision, including:

• The exact time, date and location of the crash
• The names of the drivers involved
• Descriptions of all vehicles
• Whether the other driver violated a traffic law
• Insurance information
• The directions that both vehicles were traveling
• Statements from eyewitnesses
• Official photographs and bodycam footage
• The officer’s opinion of what caused the accident
• Driver drug or alcohol test results

It is important to give the responding police officer accurate information while he or she is creating your crash report. If a police officer includes erroneous information in the report, it can make the recovery process more difficult. Before the officer leaves the scene, write down your police report number. You will need to give this number to your car insurance company so that it can access a copy of the accident report.

Why Do Insurance Companies Need Police Reports?

When you contact a car insurance company to report a car accident, it will ask for a police report. It needs the police report to gather key information about the crash and to aid in its investigation of fault. Texas is a fault-based state, meaning that the driver who caused the car accident will have to pay for related bills through his or her insurance company. An insurance company will ask to see evidence that its policyholder is at fault, in most cases, before it will accept a claim and offer benefits. This evidence can include a police report.
In many cases, a car insurance company will make it difficult for an injured victim to recover financial compensation by refuting fault. In this scenario, you could potentially use a copy of your police report to establish the facts of the crash. You or your car accident lawyer can use the report and other evidence to reconstruct the accident, prove the other driver is at fault, search for other defendants and demonstrate your losses. This is why it is important to obtain a police report immediately after a car crash in Texas.

Call Your Insurance Company

Find Out Who Will Pay for Damages

• The driver did not have insurance
• An excluded driver borrowed your car
• Someone stole and crashed your vehicle

Speak to an Attorney Regarding Liability Issues

Prevent Similar Accidents in the Future

1-2 Days: You File a Claim

15 Days: The Insurance Company Responds

15 to 45 Days: Insurance Investigation and Decision

5 Days: The Insurer Releases a Check

Note: Timelines Vary

The Case of the New Jersey Texter

What Does the Law Say?

Elements of Negligence

How to Avoid Liability

Although many rear-end car accidents are minor collisions, they have the propensity to be severe and even catastrophic. If a commercial truck rear-ends a small passenger car, for example, the injuries can be devastating. Knowing exactly what to do after a rear-end car accident in Dallas can help you effectively protect your rights as an injured victim, as well as help you from feeling overwhelmed in the aftermath of a collision.

Pull Over and Check for Injuries

You legally must pull your car over immediately after any type of motor vehicle collision according to Texas law. Failing to pull over after a rear-end car accident could lead to a hit-and-run charge against you. This is a serious crime that can come with hefty fines and jail time.
Pull over as close as you can to the scene of the rear-end collision without putting yourself in danger. Turn on your hazard lights and check yourself and your passengers for injuries. When it is safe to do so, exit your vehicle and ask if anyone in the other car has been injured.

Call 911, If Necessary

If anyone has been injured in the rear-end collision, if anyone appears unconscious or bleeding, or if you believe there has been at least $1,000 worth of property damage, the law in Texas requires you to call 911 to report the collision immediately.
You should also call the police if your rear-end accident involves an uninsured driver, a drunk driver, or a hit-and-run. Calling the police can create an official accident report that your insurance company can use to assess your claim later. You or the police will need to file a report with the Texas Department of Transportation, as well.

Exchange Information With the Other Driver

While you wait for the police to arrive, spend the time exchanging information with the other driver. You and the other driver should exchange names, addresses, phone numbers, license plate numbers and car insurance information. You should also write down other accident details for your own records, such as the date, time and location of the crash, plus a description of the other driver’s vehicle.

Do Not Admit Fault

While it is important to remain polite and not get aggressive with the other driver, it is also important not to apologize for the crash or admit any fault for the accident. Admitting fault could automatically bar you from financial recovery. Even if you are the rear driver and believe you caused the crash, refrain from admitting fault. Wait for a thorough investigation of the collision to identify the at-fault party. There may be other factors at play that you are unaware of, such as a dangerous road defect or the other driver’s comparative fault.

Document the Crash

Something else you can do while you are waiting for the police is document the crash. Use a camera or smartphone, if possible, to take photographs of the scene of the rear-end car accident. Obtain the names and contact phone numbers of any eyewitnesses, as well. If any local businesses caught the rear-end collision on surveillance cameras, request copies.

Watch for Hidden or Delayed Symptoms

Go to a hospital right away after a rear-end car accident in Dallas. Rear-end collisions can cause many serious injuries, including whiplash, broken bones, muscle strains, lacerations and traumatic brain injuries such as concussions. You may or may not notice the signs and symptoms of an injury immediately; however, going to a doctor without delay can lead to prompt diagnosis and treatment even with hidden or delayed symptoms.

Consult With a Car Accident Lawyer

If you encounter problems or challenges during the insurance process after a rear-end car accident in Dallas, consult with a Dallas car accident attorney for assistance. If the other driver’s insurance company is refuting fault, for example, or not offering as much as you believe your injuries are worth, an attorney can help.

Self-driving cars are meant to improve the safety of the road, not add to the annual number of traffic accidents, injuries and deaths. Unfortunately, many self-driving car accidents have caused serious injuries and taken lives since their debut. Although a self-driving car reduces the risk of human error, it comes with its own hazards related to complicated autonomous technologies. If you get injured in a self-driving car accident in Texas, liability for your crash can be difficult to determine. This is why it’s important to work with a car accident lawyer in Dallas to help resolve your claim and get you the best possible outcome.

Human Operator

One goal within the self-driving car industry is to manufacture vehicles that are 100% autonomous and require no human input to operate. The current reality, however, is that most autonomous vehicles require a human operator or supervisor. This leaves room for human error. One deadly crash in a Tesla operating on autopilot, for example, occurred as a result of the driver failing to heed the car’s warning to take the wheel. If a human operator is partially or wholly to blame for a self-driving car accident, he or she will be liable for damages.

Technology Company

One of the challenges of self-driving cars is the complex autonomous technology. Self-driving vehicles use cutting-edge technologies to operate – technologies that are often new and not thoroughly tested. If this technology fails in use, it can cause a car accident. This was the case in another fatal Tesla accident on autopilot in 2019, when the vehicle’s radar failed to detect a semi-truck.
If self-driving technology contains a defect and malfunctions, causing a car accident, the company responsible for the technology could be liable. In many cases, the technology company is different from the vehicle manufacturer. For example, Uber’s self-driving vehicles rely on Nvidia Corp to develop its microchips. If an investigation finds the autonomous technology to blame for an accident, the company that made the defective part will be responsible.

Vehicle Manufacturer

The manufacturer of the self-driving vehicle could be liable for a crash if the cause of the accident traces back to a defect in the vehicle’s design, assembly or marketing. If the manufacturing company made an error while designing the vehicle that makes it unreasonably dangerous for consumers, for example, the company would be liable for a related collision. Many car companies have joined the race to develop self-driving cars, including:

• Argo AI
• Audi
• Baidu
• Cadillac
• GM
• Google/Waymo
• Tesla
• Toyota
• Uber
• Volvo

Under Texas’ product liability laws, an injured accident victim will not need to prove negligence for a claim against a manufacturer, in most cases. Instead, it will be enough to prove that the self-driving car contained a defect and that this defect caused the car accident. These two facts will make the manufacturing company liable even if it was not negligent.

The Government

Another liability possibility is the government agency responsible for safety rules and regulations for self-driving cars. The state government may be liable, for example, if it had lax rules for safety-testing self-driving cars, and if this contributed to a serious car accident during an autonomous vehicle pilot test. Federal, state and local governments must take citizen safety seriously while granting companies permission to safety-test their vehicles on public roads.

Third Party

Some self-driving vehicle accidents are not related to factors specifically associated with autonomous technology. If a driver outside of the self-driving car caused the crash by texting and driving, for example, that driver would be liable. Other possibilities include the local government for a roadway defect, a property owner for a dangerous parking lot and an employer for a negligent on-duty driver.
Determining liability for a self-driving car accident in Texas can be challenging. For assistance with your particular car accident case, contact a lawyer near you.

A car accident can cause serious injuries that require hundreds of thousands of dollars in medical costs over a victim’s lifetime. Surgeries, treatments, physical therapies and medications can create a massive amount of medical debt for an injured victim. Knowing who is responsible for paying your medical bills after an accident could give you peace of mind during a difficult time as the victim of an accident. It could also prevent you from paying out of pocket for your own expenses, depending on the circumstances.

Texas Is a Fault-Based Insurance State

Most accident victims in Texas pay for their medical bills using a combination of insurance benefits and personal expenditures. If your injuries are minor and the at-fault party has insurance, you may not have to pay anything out of pocket. In Texas, the party at fault for an auto accident will be legally responsible for paying a victim’s damages, which include medical bills. Bringing an insurance claim against the at-fault driver could result in payment for your past and future treatments and medical expenses. If the other driver does not have enough insurance, however, you may need to seek additional benefits from other sources. This could include your own insurance company. As with any injury clamin, it’s important to discuss your situation with a personal injury lawyer to ensure you recieve maximum compensaiton for lost wages, medical bills and pain and suffering.

What Is Insurance Subrogation?

Insurance subrogation is common during an accident claim. It refers to your own insurance company covering your medical expenses in the beginning, even if you were not at fault for the accident, then seeking reimbursement from somebody else’s insurance provider later. If you file a claim with your own insurance company for an accident you did not cause, your insurer may use subrogation to pay for your medical bills right away. After paying your bills, your insurance company will seek reimbursement from a third-party provider on your behalf.

What Is a Medical Lien?

In the beginning, your medical expenses will be your responsibility. If you cannot afford to pay your bills while you wait for a settlement or judgment award, the hospital where you sought treatment may place a medical lien against you. A medical lien is a legal claim to your property or assets if you fail to repay a debt you owe. If you do not pay off your medical bills within a certain amount of time, a medical lien could lead to consequences such as wage garnishment. If you have a successful insurance claim or lawsuit against another party, your car accident lawyer can pay off your medical lien with money obtained from the defendant. Then, what is left will go toward legal fees and your personal expenses.

What If You Were At Fault for the Accident?

If an investigation finds that you caused the accident, you may have to pay for your medical bills on your own. If you have health insurance, this can bring your health care expenses down. Another type of insurance that could help you pay off your medical bills is personal injury protection (PIP) insurance if you were injured in an auto accident. PIP and medical payment insurance can pay for your bills up to your policy’s maximum after a car accident you caused. If you have the responsibility of paying your medical bills, you may be able to arrange a personal payment plan with your hospital.
If you are not the only person at fault for the accident, however, someone else may owe you partial compensation for your losses. Texas is a comparative negligence state. This means if you and the defendant share fault for an accident, the courts will diminish your financial award according to your percentage of fault. If you were 20% to blame for the accident, for instance, the courts would take away 20% of your settlement or verdict award. You would still receive 80% reimbursement for your losses from the defendant.
If you have serious injuries after an accident in Texas, contact a lawyer for advice about who will pay for your medical bills.

Wear Your Seatbelt

Drive When Conditions Are Optimal

Do Not Drink and Drive

Other Protective Measures

Pull Over and Check for Injuries

Report the Rear-End Collision to the Authorities

Do Not Admit Fault

Take Pictures

Exchange Information

Go to a Hospital in San Antonio

Call the Insurance Company

Consult With a Car Accident Attorney in San Antonio

How to Seek Lost Income in a Car Accident Case

Collect Proof of Your Lost Wages

• Most recent pay stubs before the injury
• Payslips for special projects
• Proof of tips or commission
• Letter from your employer
• Proof of employment benefits
• Customer invoices
• Tax return documents or W2s from previous years
• Medical records proving the longevity of your injury
• Letter from a physician proving you cannot return to work
• Testimony from an economic expert

Calculate Lost Future Capacity to Earn

How Much Is Your Claim Worth?

Check for Injuries

Call the Police

Gather Evidence

Go to a Hospital in San Antonio

Call the Rental Car Company

Call Your Insurance Company

Contact an Attorney

The Drunk Driver Could Face Criminal Charges

You Have the Right to File a Civil Suit Against the Drunk Driver

• Medical expenses
• Physical pain and suffering
• Scarring or disfigurement
• Emotional anguish
• Disability
• Lost wages and capacity to earn
• Vehicle repairs or totaled car replacement
• Lost enjoyment of life

You May Be Entitled to Punitive Damages

You Could Also Hold a Negligent Bar or Restaurant Accountable

Learn Your Rights After a Drunk Driving Accident in San Antonio, Texas

Moments After the Accident

Gather Evidence

Know Who Pays for Damages

When to Call a Personal Injury Attorney

How Can I Calculate My Lost Wages?

If you have kept the same job and the same earnings, you could show your previous year’s tax return for an accurate estimate on how much you’re owed. If you have been working consistently before the accident, copies of recent pay stubs would also suffice. But if you have the type of job where earnings change from week to week depending on contracts, commission or the general scope of your work, you’ll need to show what you missed while you were away.

• Physician’s letter, describing the extent of your injuries, medications prescribed, suggested recovery and the total length of time you must miss work.
• Employer’s letter, stating that you are in fact an employee there, and that you did indeed miss all of that time from work.
• A copy of the police report.

Wage Loss Insurance

Insurance Company Investigation

• Photographs and videos
• Surveillance footage
• A copy of the police report
• Signed witness statements
• A driver’s cell phone records
• Crash reconstruction diagrams
• Medical records
• Testimony from experts

Application of the State’s Fault Law

4 Elements of Proof

1. The defendant owed you a duty to exercise reasonable care.
2. The defendant breached his or her duty of care to you (the defendant was negligent).
3. The defendant’s breach of duty is what caused the car accident.
4. You suffered compensable losses in the car accident.

How a Car Accident Lawyer Can Help

The Company Assigns an Insurance Claims Adjuster to Your Case

The Adjuster Calls You for Details

• Your police report number
• The time and date of the crash
• The exact location of the collision
• How many other vehicles and drivers were involved
• The other driver’s contact and insurance information
• A description of your property damage
• A description of your injuries
• Why you believe the accident occurred

The Adjuster Investigates the Car Accident

• Information from those involved
• Statements from eyewitnesses
• Images or photographs of the damaged vehicles and accident scene
• Information from a police report
• Medical bills
• Physical evidence, such as damaged property
• Cell phone records

The Insurance Company Looks for Ways to Save Money

A Car Accident Lawyer in San Antonio Can Help With the Next Steps

Lost in Thought

Cell Phone Use

Rubbernecking

Passengers

Reaching for Objects

Eating and Drinking

Changing Vehicle Controls

Moving Objects

Smoking

When Do You Need to Report a Car Accident in Texas?

Contact Your Auto Insurance Carrier

Report the Accident to the TxDOT

Get a Copy of Your Police Report in San Antonio

If you get involved in a car accident where you weren’t at fault, you may imagine a simple claims process that ends in fair financial compensation to pay for your hospital bills and property repairs. Unfortunately, even if you didn’t do anything wrong, you may run into problems and frustration when processing an insurance claim. You may need a Dallas car accident lawyer to assist you. An experienced attorney can provide many key benefits and important services during the claims process.

Allow You to Focus on Your Health

Car accidents can cause life-changing injuries, from burns and broken bones to brain injuries and traumatic amputations. You should not have to worry about the legal side of your case while also dealing with painful, debilitating and expensive injuries. You need the peace of mind to concentrate on healing and moving forward from your accident. When you hire a lawyer, you give your case over to a team of experienced attorneys who can take care of legal tasks for you while you focus on getting well.

Investigate the Crash and Gather Evidence Against the Other Driver

You might know that you didn’t cause the car accident, but your word alone isn’t enough to win an insurance claim. If the other driver is refusing to admit fault or an insurance company is trying to blame you for the wreck, you will need evidence against the other driver. A car accident lawyer can return to the scene of your crash and provide a comprehensive investigation to collect evidence of fault, such as eyewitness accounts, photographs, surveillance video footage and a police report. A lawyer’s work can help you prove a case against the other driver.

Demand Maximum Financial Compensation

Even if you weren’t at fault for the car crash, the other driver’s insurance provider may try to avoid paying you the amount that you deserve. Insurance companies are notorious for putting their bottom lines over their clients. An insurer may try to undervalue your injuries and property damage to offer a settlement that is inadequate. Without an attorney’s assistance, you may accept the offer without realizing that you deserve more. A car accident lawyer can take over insurance settlement negotiations for you, carefully reviewing each offer and submitting counteroffers until the insurance company offers a full and fair amount. While most car accident cases achieve successful settlements, if your lawyer believes that you could make more with a personal injury trial in Texas, he or she can represent you at court, as well.

Protect You From Insurance Company Traps and Tactics

A car accident lawyer will know how to deal with insurance companies and talk to claims adjusters for you. This is critical, as insurance companies are known for taking advantage of inexperienced claimants. There are several defense tactics that an insurer may use against you even if you did not cause the crash. Your lawyer can combat these tactics to protect your right to recover. Defenses may include:

• Comparative negligence. The argument that you also contributed to the accident, which could reduce your financial recovery.
• Pre-existing injury. An allegation that you had the injury or condition you are claiming prior to the car accident.
• Administrative errors. A claim that you made a mistake, such as missing a filing deadline, and that this disqualifies you from coverage.

Having a lawyer advocate for your best interests throughout the car accident recovery process can mean achieving better results with less stress and hassle. Your lawyer will know what mistakes and missteps to avoid in the fight for fair compensation, such as admitting fault and rushing into a fast settlement. Your lawyer will protect your legal rights and fight for justice on your behalf every step of the way. For a free consultation with a car accident lawyer in Dallas, contact us.

It is no secret that when you drive a brand-new car off the lot, it immediately depreciates in value – oftentimes, by thousands of dollars. While this is never a positive thing, it can be even more problematic if you get into a car accident soon after purchasing the new car. Gap (Guaranteed Asset Protection) insurance is a financial solution for this specific situation.

What Is Gap Insurance?

Gap insurance pays for the difference – the “gap” – in the amount of money you receive from a car accident insurance claim for a totaled vehicle and the value of the loan you took out to purchase the new car. For example, say you took out a $20,000 loan to buy a new car. When you drove the vehicle off the lot, it immediately depreciated in value to $17,000. Then, you crashed the car while you were still paying off the loan.
Upon reviewing your case, a car insurance company offers you $17,000 for your property losses – the pre-crash value of the totaled vehicle. However, you will still be indebted to your loan service provider for the full $20,000 that you took out to buy the new car. Who pays for the remaining $3,000 – the difference between the pre-crash value of your new car and the amount you owe a loan provider? Gap insurance pays, if you have it.

What Does Gap Insurance Cover in a Car Accident?

Gap insurance pays the difference between what you still owe on your newly bought vehicle and its market value at the time of an accident or incident. It will cover this difference whether you caused the car accident or not, in most cases. Gap insurance can cover this amount after many different types of vehicle-damaging incidents, including:

• Car accident
• New vehicle theft
• Vandalism
• Storm or weather damage
• Car fire

Gap insurance does not cover the sale of a vehicle or trade-in. Most policies also do not cover vehicles that are more than a year old. Finally, gap insurance will not help you pay to purchase another vehicle after yours is damaged or totaled; you would need a different type of insurance – new car replacement coverage – to help you pay for a new vehicle.

Do You Need Gap Insurance?

Gap insurance can help you protect yourself financially when you purchase a new car in Texas. It allows for the difference between the value of the loan you took out and the depreciated value of your vehicle once you drive it off the lot – protecting you from having to pay this difference out of pocket should anything happen to your new car. A standard car insurance policy will not cover this difference. You must have gap insurance for this specific type of coverage.
Not every new-car buyer needs to purchase gap insurance. However, if any of the following circumstances apply to you, it may be in your best interest to purchase gap insurance coverage in Texas:

• You have purchased a car that is brand new or less than a year old.
• You will owe more on your lease than the depreciated value of the vehicle.
• You are leasing the vehicle.
• You purchased a car that depreciates quickly.
• Your vehicle is a popular model for auto theft.
• You want peace of mind after taking out an auto loan on a new car.

In some states, an auto dealership is legally required to offer gap insurance when the buyer is purchasing the vehicle. However, this is an optional type of coverage that the driver does not necessarily need to buy. If you’re not sure whether gap insurance is a smart investment for you, calculate how much you would have to pay out of pocket should your car get damaged or destroyed. Subtract the current value of your car amount from your vehicle loan. If you are not comfortable paying this amount yourself, you may wish to invest in gap insurance.

While some car accidents only consist of two motor vehicles, others involve three, four or more cars – leading to more complicated liability disputes. A crash involving more than two vehicles is referred to as a chain reaction car accident if it takes the form of a series of multiple rear-end collisions. The process of recovering financial compensation for a chain reaction car accident in Texas can be complex and require an extensive investigation.

What Is a Chain Reaction Car Accident?

A chain reaction car accident can be depicted as Driver C hitting Driver B, then Driver B hitting Driver A. It can involve more than three vehicles, as well. A chain reaction crash is a series of rear-end impacts, meaning the front of one vehicle strikes the back of the vehicle in front of it, and so on. Chain reaction accidents occur when the driver that causes the initial impact (Driver C in the example above) does so with enough force to propel the next vehicle (Driver B) into the car in front of it (Driver A).

How to Identify the At-Fault Party in a Chain Reaction Car Accident

A chain reaction car accident can cause serious injuries, such as whiplash and broken bones, to multiple drivers and passengers in more than one vehicle. Since Texas is a fault-based car insurance state, the driver most at fault for the collision is who must pay for all related damages – meaning all victims’ medical bills, property damage repairs and other expenses. Unfortunately, it can be difficult to identify the at-fault party in a chain reaction car accident.
In general, the driver of the first vehicle to make contact in a chain reaction car accident is liable for all resultant collisions. In the example above, this would be Driver C – the first driver to rear-end someone else and set off the chain of subsequent collisions. Driver C would be responsible for all other drivers’ losses in the crash in this scenario, even though his or her vehicle never touched Driver A. This is because without Driver C, Driver B never would have hit Driver A, making Driver C responsible for the entire chain of events.
Determining fault for a chain reaction crash typically requires an in-depth investigation into who or what caused the initial impact. An insurance company may send investigators back to the scene of the crash or to examine the physical damage done to all vehicles involved in the wreck to reconstruct the crash. An investigator may also interview all involved drivers, passengers and eyewitnesses for more information. The goal of an investigation is to find the source of the chain reaction – the person behind the initial collision.

Can Two or More Parties Share Fault?

It is possible for a single driver to bear financial responsibility for an entire chain reaction car accident in Texas. This might be the case if a driver was texting and driving or fell asleep behind the wheel, for example, and crashed into another driver, setting off a chain reaction of multiple other rear-end collisions. However, it is also possible for multiple drivers to share liability for a single-car accident in Texas.
Texas is a comparative negligence state, meaning that multiple parties (including crash victims) can share fault for a single accident. If a crash victim who is seeking compensation for a car accident is found to be partially liable for a chain reaction crash, such as for following another vehicle too closely or not paying enough attention, he or she could still be eligible for partial compensation from a defendant. Liability for a crash can be divided among parties based on each person’s percentage of fault. This will become the percentage of the total compensatory award each defendant must pay injured victims.
If you need assistance determining fault for a recent chain reaction car accident in Dallas, Texas, contact the car accident lawyers at The Law Firm of Aaron A. Herbert, P.C. to request a free case review. We are highly experienced car accident lawyers who can take on complicated cases.

Liability auto insurance is a legal requirement for drivers in all 50 states. It is an assurance that a driver has the financial ability to pay for a car accident. Operating a motor vehicle without the required amounts of insurance in Texas is against the law. If you get into a car accident without insurance, you could find yourself in legal and financial trouble – even if you were unaware that your insurance coverage had lapsed.

A Ticket and Fine

The most common consequence of getting into a car accident without insurance is receiving a traffic ticket and having to pay a fine. A police officer will cite you for unlawfully operating a motor vehicle without the required liability insurance at the scene of the crash. If this is your first offense, the fine in Texas is around $350. If this is not your first offense, the fines can increase to a maximum of $1,000.

Temporary Loss of Your Driving Privilege

You are not allowed to operate a motor vehicle until you purchase at least the minimum required amount of car insurance. In Texas, the minimum requirements are currently $30,000 per person and $60,000 per accident in bodily injury liability insurance, plus $25,000 in property damage coverage. You must show the Department of Motor Vehicles proof that you have purchased the required insurance to regain your driving privileges.

The Suspension of Your Driver’s License

If this is not the first time that you have received a traffic ticket for driving with no insurance, the state also has the right to suspend your driver’s license. The suspension could last as long as two years as part of your sentence. Although you may qualify for a hardship license to continue driving to necessary places, such as your job, a suspended license otherwise means that you cannot operate a motor vehicle.

Additional Fees

According to Texas Transportation Code Chapter 708, driving without insurance authorizes the state to charge you additional administrative fees on top of the base fine. These additional fees can add a maximum of $250 per year in surcharges to the fees that you must pay to renew your driver’s license in the three years following the ticket for driving without insurance.

Increased Insurance Rates

Getting a ticket for driving without insurance can lead to increased insurance rates when you do purchase a policy. In many cases, when you apply for coverage, having the offense on your driving record will cause the price of the auto liability policy to increase.

Paying Out-of-Pocket for the Car Accident

Texas is a fault-based car accident state, meaning the driver or party at fault for causing the crash is financially responsible (liable) for paying for related medical bills and property repairs. Having a car insurance policy saves you from having to pay for a car accident out of your own pocket. You could face a personal injury lawsuit brought against you by the accident victim(s) if you don’t have insurance.
If the victim wins the lawsuit, the courts have the right to force you to pay for the crash, even if this means liquidating your assets or garnishing your wages. Even if you were not at fault for the car accident, you could encounter issues with crash recovery if you don’t have insurance. The other driver’s insurance carrier could use this against you to reduce your payout, depending on the circumstances.

Ask an Attorney for Legal Assistance

It is important to obey Texas’s insurance laws by purchasing and maintaining an adequate amount of motor vehicle insurance as a vehicle owner and operator. Getting into a car accident without insurance can have many negative consequences and lead to thousands of dollars in costs coming out of your pocket. If you get into this situation, contact a car accident lawyer in Dallas for information about your legal options.

Emotions can run high in the immediate aftermath of a car accident. Both drivers may be feeling the effects of adrenaline, as well as stress, tension and frustration about the situation. Some drivers may react to a car accident by getting defensive or hostile. This can result in a driver refusing to share his or her insurance information at the scene of the accident. If you find yourself in this situation, don’t panic. You can still get the information that you need even if the other driver does not cooperate.

Is a Driver Legally Obligated to Provide Insurance Information?

Drivers often exchange information at the scenes of car accidents. This is the easiest way to resolve issues, such as who will pay for property damage. Many states even make it a legal requirement to stay at the scene of a car accident until certain information has been exchanged. In Texas, Section 550.023 of the Transportation Code states that all drivers must exchange the following information after a car accident that results in property damage, injury or death:

• The operator’s name and address
• The registration number of the vehicle being driven
• The name of the operator’s motor vehicle liability insurer
• The driver’s license, if requested and available

In addition, a driver is legally obligated to provide any injured person with reasonable assistance, such as calling 911 and requesting an ambulance or transporting the person to the nearest hospital. Note that the requirement to exchange information still exists if a driver hits a parked car. In this case, the driver must leave the required information in a note that is placed in a conspicuous location on the car. If the other driver refuses to obey this law, do not take it upon yourself to force him or her to comply. Instead, let the police handle it.

What to Do if the Other Driver Refuses to Give You Insurance Information

Ideally, the other driver at the scene of your car accident will be willing to cooperate and give you his or her name, contact information and insurance information. The other driver should also let you see his or her driver’s license, if you ask. Unfortunately, you cannot control how other drivers will react to car accidents or your requests for information. You may come across a driver who refuses to share information with you. In this scenario, take the following actions:

1. Stay calm. While a lack of cooperation by the other driver is not the best-case scenario, it will not interfere with your insurance claim if you take the correct steps.
2. Report the car accident to the police. The other driver will be much less likely to refuse to give information to a law enforcement officer. You can then obtain a copy of the police report to get the driver’s information later.
3. Write down everything. Even if the other driver refuses to give you any information, you can still write down your observations, such as the make, model and color of the other driver’s vehicle; its license plate numbers; and eyewitness information.
4. Get a copy of the police report. In the days following your accident, call the police department in the county where the crash took place and give them your police report number to obtain a copy. This report should have the other driver’s insurance information.
5. Call your own car insurance company. Call your own car insurance provider to report the accident right away. Follow up to give them more complete information once you get the other driver’s insurance carrier and policy number from the police report.

From there, you should contact a car accident lawyer in Dallas to explore your legal options. Your lawyer can help you get the information that you need about the other driver involved in your car accident, including his or her insurance information. Then, your lawyer can take over the insurance claims process on your behalf to pursue fair financial compensation from the other driver’s insurance company for your injuries and expenses.

A car accident is a disaster that can give a victim injuries that may never fully heal, such as a traumatic brain injury or paralysis. While it is obvious that a high-speed or high-impact car accident can cause serious injuries, many people don’t realize that low-impact accidents can, as well. Even a collision referred to as a “fender bender” can give drivers and their passengers severe injuries. This is why it is critical not to talk about your injuries with an insurance company until you’ve seen a doctor.

How Can a Low-Impact Accident Lead to a Severe Injury?

If a car accident of any caliber exerts gravitational forces against a driver or vehicle passenger, the human body may not be able to withstand them – resulting in hard-tissue or soft-tissue injuries. A common example is a whiplash injury in a rear-end collision. A low-impact accident can still be enough to cause major injuries, including brain injuries, from the body being thrown around the car or from blunt-force trauma. For example, even a minor collision could break a window, resulting in lacerations. It could also trigger the airbag, which can cause bruising, facial injuries and skin irritation.
Pre-existing injuries and conditions can increase the odds of a low-impact crash resulting in serious injuries. A motor vehicle driver who already had a slipped disk in his or her back, for example, may suffer a more severe back injury in the low-impact crash than an ordinary driver would have. A rule known as the Eggshell Skull Doctrine states that a defendant must take a plaintiff as-is – meaning the defendant must pay for the plaintiff’s full injury, even if a pre-existing condition made things worse.

Low-Impact Accidents and Delayed Injuries

The advice given to car accident survivors is not to answer any questions about their injuries until they’ve been to a hospital or doctor; specifically, not to answer questions asked by an insurance company. This is because many car accidents, including low-impact accidents, inflict injuries that have hidden or delayed symptoms. You may not notice that you have bleeding in your brain from a head injury right away, for example, until enough time passes that it causes noticeable symptoms. Saying that you are not injured can make it more difficult to change your answer and recover financial compensation from an insurer if you discover injuries later.
Delayed injuries that a low-impact car accident could inflict include whiplash, back injuries, brain injuries, pulled muscles and nerve damage. If you get into a low-impact crash, such as a low-speed rear-end collision, do not assume that you are uninjured just because you initially feel fine. Your injury may have delayed symptoms, or your adrenaline may be masking the pain. When asked about your injuries, say that you cannot answer these questions until you’ve seen a doctor. Then, go to a hospital without delay.

Do You Need an Attorney After a Low-Impact Crash?

Personal injury lawyers do not only represent victims with serious injuries. If a low-impact accident gave you minor injuries, you may still benefit from hiring a lawyer to represent you during the claims process. If the car accident gave you injuries that qualify as serious, however, such as injuries that will give you long-term symptoms, a disability, or permanent scarring or disfigurement, it is especially important to contact a car accident attorney in Dallas.
Without an attorney representing you during a serious injury claim, a car insurance company may take advantage of you in an attempt to save money on your payout. The insurer may claim that you could not possibly have suffered such a serious injury in a low-impact car accident, for example, or it may try to blame your injury on a pre-existing condition. An attorney can help you protect your rights and best interest during the claims process after a low-impact crash.

If taking a taxi cab through Dallas, Texas ends in a car accident, you may not know where to turn for financial reimbursement for your medical bills. Unlike a typical car accident claim, you will have more than just the driver of the vehicle to contend with. You may also have the right to file a claim against the taxi company or other parties. Find out who is liable for your taxi cab accidents to better understand your legal rights.

Texas Is a Fault State

Determining liability, or financial responsibility, for an automobile accident starts with understanding the insurance law in your state. Texas, like most states, uses a tort-based insurance law. This means that the party responsible for paying for an auto accident is the one most at fault for causing the wreck.
In a no-fault state, on the other hand, all drivers seek reimbursement from their own insurance providers, regardless of who caused the crash. Texas’s fault law means that you have the right to seek compensation from someone else’s insurance provider rather than your own. However, you or your attorney will need to prove fault using clear and convincing evidence to obtain compensation.

Who Is Responsible When a Taxi Cab Crashes?

A taxi cab accident is unique in that it involves more than just the driver of the cab. It also involves the taxi company. In the taxi industry, drivers are typically classified as employees. This means that the taxi cab company accepts responsibility (vicarious liability) for its drivers and the car accidents that they cause, in most cases.
An investigation will be necessary to determine who or what caused your taxi cab accident. If a taxi driver caused your crash, such as by distracted driving, speeding or violating a traffic law, you can most likely hold the taxi company liable. You may also be able to file a claim against the taxi company if its own mistake caused or contributed to the crash. For example, if the taxi company failed to properly background-check a driver, train a driver or maintain its vehicles and this caused the accident, the company is directly responsible.
If an investigation finds that someone outside of the taxi cab is responsible for causing the crash, you may be able to file a claim against that third party. If another driver broke a roadway rule and crashed into your cab while you were riding as a passenger, for example, you may be able to bring a claim with that driver’s auto insurance policy. Other potentially liable parties include an auto part manufacturer and the city or state government, depending on the circumstances.

How to Prove Fault for a Taxi Cab Accident

During an insurance claim or personal injury lawsuit for a taxi cab accident, the burden of proof rests with you – the injured victim. It is your responsibility to prove that what you are claiming is more likely to be true than not true. You or your car accident lawyer will need to collect and present evidence that shows that the defendant committed a careless act or omission, and that this was the direct cause of your taxi cab accident. You can help support your case by taking the following steps:

• Make sure someone calls the police from the scene of the accident.
• Speak to eyewitnesses and collect their information.
• Document the crash by taking photographs and videos at the scene.
• Go to a hospital immediately for medical care.
• Write down the name of the taxi company, the taxi number, the license plate number and the taxi driver’s name.

When it comes to time to file an insurance claim, a police report, photographs, copies of your medical bills and eyewitness statements can all serve as evidence to support your case and prove your losses. If you need assistance gathering evidence or fighting for maximum financial compensation for a taxi cab accident in Texas, contact an attorney.

If you get into an accident, your car may be out of service for a few days, weeks or even longer while it’s being repaired – but you will still need to get to work, doctor’s appointments, school and other places in the meantime. If you choose to rent a car, find out if and when an insurance company will pay for the rental or reimburse you for this expense in Texas.

When Does Insurance Cover a Rental Car?

First, you will need to determine which insurance company you are using for financial benefits after an automobile accident. Texas uses a fault law, meaning you will file a claim with the insurance company of the driver who caused the crash after an investigation determines fault. If you caused the crash, you will turn to your own policy for coverage. In Texas, if you only have the minimum required amounts of car insurance, it may not pay for your rental car. The required types of insurance in Texas only pay for the other driver’s expenses, not your own. Call your insurer to find out if you purchased rental car coverage.
If the other driver caused your crash, your rental car costs will most likely be covered. Rental car coverage is included in property damage liability insurance, as this pays for all of a victim’s expenses connected to an accident. The other driver’s liability coverage will pay for your travel costs and the price of renting a car while you wait for yours to get out of the shop. If the other driver is uninsured or underinsured, however, you may have no choice but to use your own insurance or try to hold a third party responsible for your rental car costs.

How to Get Your Rental Car Costs Paid

If you get into a car accident, collect as much evidence as possible. Search for evidence to prove that the other driver is at fault and proof of your losses. Take photographs while you are still at the scene of the car accident. Write a detailed description of what happened, what direction you were traveling, how fast you were going, what the weather was like and any other pertinent details. Call the police to report the accident immediately and tell the officer your side of the story.
Further along in the recovery process, you will need to provide evidence documenting your losses to the insurance company that is receiving your claim. If you had to rent a car after your car accident and used your own money, submit the receipt for the rental car with your insurance claim. If the insurance company accepts the claim, it will reimburse you for the price of the rental. The car that you choose must be similar or equivalent to the car that was damaged, however; an insurance company will not pay for a sports car rental, for example, if the damaged car is an economy vehicle.
In other cases, the insurance company handling your claim will contact you and tell you to rent a car from a specific provider and pay for it ahead of time. Many car insurance companies partner with rental car companies for this purpose. In this scenario, the insurance company would arrange for you to pick up a rental car that it has already paid for. The insurer will work directly with the rental car company to pay for your rental rather than you paying upfront and getting reimbursed later.

Get Help From an Attorney

Getting all of your expenses paid after a car accident in Texas can be difficult as a crash victim. You may have to deal with bad-faith insurance tactics meant to take advantage of you. If you need assistance collecting financial compensation to pay for a rental car in Dallas, contact a car accident attorney. A lawyer can take over negotiations with an insurance company for you in the pursuit of fair and full reimbursement.

It is normal to feel confused, stressed or overwhelmed after a car accident. It is critical, however, to realize that what you say after a crash can make a major difference to your claim. Saying the wrong thing to an insurance company can significantly decrease or even eliminate the financial compensation that you are offered for your medical bills and property repairs. Learn what to say and what not to say to an insurance claims adjuster to protect your rights.

What Are Insurance Claims Adjusters? What Are Their Goals?

An insurance claims adjuster is a person assigned to assess a claim by an insurance company. This person might work for the insurance company or have been hired from a third-party company. The claims adjuster is not on your side. The adjuster has been hired to try to save the insurance company money by minimizing client payouts. This is important to know when dealing with the claims adjuster or other representatives from the insurance company – they do not have your best interests in mind.

What to Say When Speaking to a Claims Adjuster After a Car Accident

You may receive a phone call from an insurance claims adjuster the day of or day after your car accident. Insurance adjusters often try to contact victims early, before they fully understand what happened and how the crash will impact them in the future (e.g., the severity of their injuries and the cost of necessary medical care). This is a tactic often used to get the claimant to say something early on that could hurt his or her ability to recover compensation.
Use the following tips when talking to a claims adjuster:

• Prepare ahead of time by collecting copies of your police report and writing down everything you can remember about the accident.
• Ask for the adjuster’s name, phone number and the name of the insurance company at the beginning of your conversation.
• Proceed with caution. Give short and simple responses.
• Only answers the questions asked; do not offer any additional information.
• Stick to the truth. Do not embellish or speculate.
• If you think saying something might incriminate you, don’t say it.
• If you don’t know the answer to a question, don’t guess – simply say you don’t know.
• If you don’t wish to answer a question, say this. You are not obligated to tell the adjuster anything that you don’t want to.
• Mention that you plan on hiring an attorney.

Record your conversation with the adjuster or take notes immediately afterward. If you don’t feel comfortable talking to the insurance claims adjuster on your own or don’t want to deal with the stress of these conversations after a car accident, hire a car accident lawyer to do so for you. Having a lawyer represent you during negotiations with an insurance company can guarantee that your rights are protected.

What Not to Say to an Adjuster

The adjuster will most likely be friendly and polite during your conversation – a tactic to get you to trust them. Be polite, but firm. Always put yourself and your legal rights first. Never say any of the following things, as it could hurt your right to recover compensation:

• “The car accident was my fault,” or, “I’m sorry.”
• “I think I’m partially to blame.”
• “I wasn’t wearing a seat belt.”
• “I feel fine,” or, “I’m doing well.”
• “I don’t think I have any injuries.”
• “Yes, you can record me,” or, “Yes, I’ll give a recorded statement.”
• “You have my permission to access my medical records.”

It is also important not to accept the very first settlement offer. There is a high likelihood that the offer is less than you deserve. Instead, hire a personal injury attorney to help you negotiate a fair settlement with the insurance provider on your behalf. An attorney can help you with every stage of the insurance claims process, from beginning to end.

A lot may be going through your mind after a car accident. It can be easy to forget what you are required to do by law, such as reporting the accident to the police, in some cases. Although you do not need to report every car accident in Texas, you are legally obligated to report serious collisions. Learn the law so that you know when to call 911 after a crash.

Reporting Requirements in Texas

It can be important to report any car accident in Texas, even if it is minor. The police report can serve as an important piece of evidence. In Texas, however, you are only legally required to report a car accident if it is serious enough to meet the state’s threshold. This threshold is:

• Property damage valued at least $1,000 to any one vehicle.
• Any physical injuries.
• One or more fatalities.

If your car accident is serious enough, you must call 911 as soon as possible – typically from the scene of the car accident using a cell phone. Tell the police that a car accident has taken place and report any injuries, if applicable. Although state law in Texas no longer makes reporting a crash to the Texas Department of Transportation a requirement, you should still fill out the CR-2 Crash Report for your own records.

What Happens if You Don’t Report Your Accident?

Failing to report a car accident when the law requires you to could result in legal penalties or even an arrest for an alleged hit-and-run. The typical penalties are a fine of up to $5,000 and/or jail time. You may face pressure from the other driver involved in your car accident not to involve the police – especially if the other driver knows that he or she caused the crash. Do not give in to this pressure, even if the driver offers to pay you directly for your medical bills and vehicle repairs.

What Will the Police Officer Do?

Some drivers wish to avoid reporting a car accident to the police for fear of facing penalties, tickets or fines connected to the collision. While it is true that an officer may ticket a driver who violated a traffic law – such as driving recklessly or running a red light – it is still important to tell the police. Even if you were partially at fault for the crash, you may still be eligible for some financial compensation from the other driver.
Obtaining a police report can go a long way toward strengthening your insurance claim. The reporting police officer will take notes about the accident. Later, back at the police station, the officer will fill out the Peace Officer’s Crash Report (CR-3). The police report will contain important facts and information about the crash, such as the name of the other driver, a description of his or her vehicle, license plate numbers, and the date and location of the crash. It may also contain the officer’s opinion of who caused the crash.
About 10 days after your crash, you should be able to request a copy of the police report to use during the insurance process. While still at the scene of your car accident, ask the police officer for your report number. Use this number and your personal information to request a copy of the report. Do so by calling the police station in the county where your crash took place. You may have to pay a small fee for the copy.
For assistance using your police report as part of a car accident lawsuit in Texas, contact a car accident attorney in Texas. A lawyer can help you get a copy of your report and collect other evidence to support a car accident claim. Then, your lawyer can protect your rights and take steps to collect maximum financial compensation on your behalf.

The Odds are you will be involved in a collision.

What you do after the crash is very important.

Steps to Take After a Texas Car Accident

• Call 911: Even if you think you were not injured and the damage was minimal, call the police. If for no other reason, you should call the police so that an official accident report is filed.
• Do not admit fault: Never admit to anyone at the scene of the accident that you were at fault, even if you think you were. This includes the other drivers, the police or even a bystander. In the initial aftermath, you are likely not aware of all of the factors that played into the accident.
• Driver Information: If you are able, get contact information for the other drivers. Ask for a name, address and telephone number. Also ask to see a driver’s license and insurance card. Be sure to take down the license plate number of the vehicles as well.
• Get witness information: If you are capable of doing so, get contact information for any witnesses to the accident. It can be very difficult to track down bystanders later if there is no contact information, and independent eyewitness testimony can be crucial.
• Gather physical evidence: If there is any physical evidence that might have been the cause of the accident, try and gather it while you are there. For example, if a blown tire in the roadway caused you to swerve, point it out to the authorities or pick it up and take it with you if you are able.
• Take pictures: Carrying a camera in your vehicle is always a good idea, although not always practical. Cell phones will usually do for taking photos of the scene if you are able to do so. Along with photos of the vehicles, take pictures of the surrounding area and any physical evidence that you are not able to pick up and take with you.
• Remove your belongings: Remember to remove your personal belongings from your vehicle if it is towed from the scene. Ask a paramedic to remove them if you are not able to do so yourself.
• Go to the hospital: Always accept the offer to be transported to the hospital. A car accident can cause serious internal injuries that you may not realize and that can only be identified by a physician. Along with protecting your own health, having a medical examination done immediately after the accident also helps from a legal standpoint. Your attorney will have to prove that any injuries you sustained were a result of the accident. The longer you wait to seek medical treatment, the harder it is to prove that your injuries were sustained in the crash.
• Get follow-up care: Make sure to follow-up with any recommendations made as a result of your medical examination. Again, this protects both your health and your chances of receiving compensation for your injuries.
• Summarize the accident: Shortly after the accident, sit down and write out a brief summary of the accident so that key details are not forgotten. When you are able to, return to the scene of the accident and take additional pictures or ask nearby neighbors or businesses if they witnessed the accident.
• Report accident to your insurance company: Call your insurance company and report the accident as soon as possible. Not doing so could jeopardize your right to coverage. However, do not give a written or recorded statement, even to your own insurance company, without talking to a car accident lawyer in San Antonio first.
• Do not give a statement: Once you have legal representation, the defendant’s insurance company will have to communicate with your attorney. Before that time, make sure that you do not give a statement of any kind to the other driver’s insurance company or to anyone else.
• Start a recovery journal: A car accident often results in injuries that are more subjective in nature, such as pain and suffering. In order to make a stronger case for compensating these injuries, you should begin a recovery journal. Make a note each day after the accident about the pain you are in, your inability to work and the emotional impact the accident had on you that day. This can be an invaluable tool when it comes time to negotiate a settlement or when your case is presented to a jury.
• Get Repair estimates: Obtain at least three estimates for any repairs that will need to be done to your vehicle as a result of the accident. Make sure to get a written copy of each estimate.
• Contact an attorney: Obtain legal representation as soon as possible after the accident. Important evidence and witnesses could be lost if you wait too long to obtain representation. In addition, your attorney will handle all communications with the defendant and any insurance companies involved in the accident. If you or a loved one has been in a car crash caused by another driver, our Texas car accident attorneys can help you recover the compensation you deserve. We hold careless drivers – and their insurance companies – accountable. To learn more, call us toll free at (210) 435-7968 or click HERE to use our online form. We can provide a free case evaluation and answer your questions. There is absolutely no fee unless we recover for you.

The integrity of a motor vehicle is vital to the safe and proper control of the car. If something compromises how a vehicle operates, such as negligent or wrongful acts committed by an auto mechanic, and this causes a car accident, the crash victim may be able to file a lawsuit for damages. Finding out if and when you can hold your auto mechanic liable for a car accident in Texas may require assistance from an attorney.

Examples of Auto Mechanic Negligence

In personal injury law, negligence refers to the failure to live up to the expected or appropriate level of care. If one person’s negligence results in injury or harm to someone else – including in the form of causing a car accident – the negligent party may be held financially responsible. Many examples of negligence can result in an automobile accident in Texas. One is the failure of an auto mechanic to properly repair or maintain a motor vehicle.
Examples of auto mechanic negligence include:

• Faulty or defective repair work
• Performing a repair that causes additional problems
• Incomplete repairs
• Improper tire inflation
• Damaging a vehicle part in the course of making a repair
• Failing to diagnose an automotive problem
• Using low-quality or damaged replacement parts
• Improperly installing a part
• Disabling safety features or vehicle functions

If an auto mechanic fails to perform in a way that a reasonable and prudent mechanic would have in the same or similar circumstances, the auto mechanic may be guilty of negligence. If the act of negligence leads to conditions that cause or contribute to a car accident, the mechanic can be held liable for related injuries, property damage and deaths.
 

Lawsuits for Faulty Mechanic Work in Texas

After a car accident, there is typically an investigation into the cause of the crash. If it is discovered that a problem with the motor vehicle caused the accident, and not the driver of the car, the parties responsible for maintaining the integrity of the car will be called into question. This includes the auto repair shop that last worked on the car. If any evidence is found that the auto mechanic was negligent, victims who were injured in the car accident may be able to file lawsuits against the mechanic for financial compensation.
Proving a lawsuit based on the legal theory of negligence requires clear and convincing evidence of the following elements:

1. Duty of care. The auto mechanic had a legal duty to work on the car according to the accepted standards of care in the automotive industry.
2. Breach of duty. The mechanic did something that violated his or her duty of care, either carelessly or knowingly.
3. Causation. The mechanic’s mistake was the proximate or actual cause of the automobile accident.
4. Damages. The victim suffered compensable damages because of the mechanic’s mistake, such as physical injuries or property damage.

Proving negligence in this type of lawsuit typically requires evidence that a reasonable and prudent auto mechanic would have done something differently in a similar situation to prevent the crash. If a lawsuit against an auto shop or mechanic succeeds, the shop’s garage liability insurance will most likely pay for the damage caused by faulty repairs. All auto shops must carry liability insurance to cover repairs connected to substandard work.

When to Consult With a Car Accident Attorney in Dallas

A car accident case involving alleged auto mechanic liability can be complex. The auto shop may refute liability or try to blame you for the crash. Hiring a car accident lawyer in Dallas to represent you is the best way to protect your legal rights if you believe that a negligent mechanic contributed to your car accident. An attorney will stand by your side through every phase of the legal process when going up against a mechanic to guide you to the best possible resolution. To learn more about your legal rights, contact The Law Firm of Aaron A. Herbert, P.C. today.

Consequences for Driving Without a License in Texas

• Impoundment of your motor vehicle.
• A ticket for committing a moving violation.
• A fine of around $200 for a first offense and more for a second offense.
• A fine of $500 and up to six months in jail for a third offense.
• An arrest and jail time for a misdemeanor crime.
• A permanent conviction on your criminal record.

What If You Cause an Accident While Driving Without a License?

What Is Negligent Entrustment?

What to Do After an Accident While Unlicensed

Car insurance or other proof of financial responsibility is mandatory for every driver in Texas. You could still, however, be at risk of getting into an accident with an uninsured driver. Many drivers in Texas break the insurance law by letting their policies lapse – either knowingly or unknowingly. Take the following steps if you’ve been hit by an uninsured driver for the best odds of securing financial compensation.
 

Call the Police

It is a legal requirement in Texas to call the police after any automobile collision that results in an excess of $1,000 in property damage or injuries or death. If you find out that the other driver does not have insurance, call the police while still at the scene, even if it does not appear to be a serious accident. The police can penalize the uninsured or underinsured driver with a traffic citation and a fine and may suspend the driver’s license until he or she can show proof of insurance. This can prevent subsequent uninsured motorist accidents involving the same driver.
It is also important to call the police for insurance purposes. Since you will most likely be filing a claim with your own insurance provider, you need to prove that the other driver involved in the wreck does not have insurance. A police accident report detailing each driver’s car insurance policies – or lack thereof – can provide evidence that the other motorist was unlawfully driving without insurance. The accident report will also contain other facts, such as the time, date and location of the accident.

Contact Your Auto Insurance Provider

Without the at-fault driver’s auto insurance available to cover your medical bills and other losses, you will need to rely on other sources for financial compensation. If you have health insurance, this can help, but it typically requires some out-of-pocket costs. For this reason, you should try to file a claim with your auto insurance provider instead.
In Texas, if you wish to opt out of uninsured motorist coverage when purchasing a policy, you must submit a written form to the insurance provider. If you don’t remember taking this step, you most likely have uninsured motorist coverage. This can pay for your damages after being hit by an uninsured driver. After the accident, contact your auto insurance provider to find out if you have this type of coverage. If so, it can pay for your property repairs, medical costs and other losses up to the limit on your policy.

Make a Complaint to the Texas Department of Public Safety

Hold the uninsured driver accountable by filing a complaint to the Texas Department of Public Safety (DPS). The DPS could suspend the driver’s license and vehicle registration to prevent him or her from continuing to drive uninsured. The DPS could also help you recover financially for your losses arising from the collision. You may have grounds to file a claim with the DPS if the accident happened within 22 months, the collision took place on public property, you have an accident report showing that the party was uninsured, the report indicates that you were not at fault, and you suffered injuries or losses worth at least $1,000.

Consider a Personal Injury Claim

Another possibility for compensation could be a personal injury claim against the at-fault driver or another party, such as the city government. In many cases, a driver who does not have car insurance also cannot pay a personal injury judgment. However, there are circumstances where the defendant does have the means to pay. A car accident lawyer in Dallas can investigate your specific case to search for defendants who can pay. For more information about what to do after being hit by an uninsured driver in Texas, find an experienced lawyer to represent you.

What Are Statutes of Limitations?

Two-Year Statute of Limitations on a Typical Car Accident Claim

Exceptions to the Rule

• The discovery exception. The discovery rule tolls, or extends, the statute of limitations if the victim discovers his or her injury on a date later than that of the accident. The clock won’t start ticking in these cases until the date the victim discovered or reasonably should have discovered the injury.
• Wrongful death claims. If you are filing a lawsuit for the wrongful death of a loved one in a car accident, you have two years from the date of his or her death, rather than the date of the collision.
• Claims involving criminal charges. If your car accident case involves hit-and-run, driving under the influence, or another crime, the courts may toll your deadline until the completion of the criminal case against the defendant.
• Claims against the government. In Texas, you must file a claim against a local or state government within just six months of the car accident.
• Claims involving minors. If your car accident case involves injury to a minor, the minor generally has two years from his or her 18^th birthday to file a lawsuit. If you wish to file a claim on behalf of your minor child, however, you have two years from the date of the accident.

When Should You File Your Car Accident Case?

Being involved in a standard car accident in Texas can be confusing enough. A collision involving a rideshare car, such as an Uber or Lyft vehicle, can be even more complicated as an injured victim. You may not know how to protect your rights as a driver or rideshare user. Take the following steps if you are involved in an accident with a rideshare car in Dallas to achieve the resolution that you deserve.
 

 

Check for Injuries

Check yourself and anyone else involved in the accident, including the rideshare driver, for injuries. If anyone appears injured, bleeding or unconscious, call the police immediately. Once it is safe to do so, exit the rideshare vehicle and check those in the other car for injuries. It is a driver’s responsibility to call the police and render aid to those injured after a car crash in Texas. However, even if you are a rideshare passenger, helping others who are injured could save a life.

Call the Police

It is also a driver’s legal responsibility to report the rideshare accident to the police as soon as possible if it causes injuries, deaths or at least $1,000 in property damage. If the Uber or Lyft driver has not called the police, take it upon yourself to do so. Give your location to the police and explain what happened. Then, wait at the scene of the collision for the police to arrive.

Tell Your Story

When the responding officer appears at the scene of the car accident, be sure to give him or her your side of the story. Describe what you saw and what you believe happened without speculating about fault. If you were a passenger in the rideshare vehicle, your own fault for the crash will not be in question. If you were the driver of another car outside of the Uber or Lyft, however, it is important not to admit fault. Instead, let an investigation determine the cause of the wreck.

Collect Information

Gather as much information as you can about the accident before you leave the scene. This includes the date, time, exact location, number of vehicles involved, a description of the vehicles, and the rideshare driver’s name and insurance information. Get names and phone numbers for any eyewitnesses, as well.

Take Photographs

Your goal at the beginning of a rideshare car accident case is to gather any evidence that could prove the fault of the rideshare driver. For example, if the rideshare driver was eating behind the wheel, take pictures of the food wrapper in the front seat. Taking pictures at the scene can provide important evidence. Photographs of both vehicles and the crash scene as a whole can help accident reconstruction experts determine who caused the wreck.

Seek Medical Care

Even if you don’t think you were injured in the crash, go to a hospital in Dallas for a checkup. Your adrenaline could be masking the signs of a serious injury. Immediate medical care for an injury is often required by an insurance company before it will offer benefits for a car accident injury.

Get Help With the Insurance Process

When you are ready to seek financial compensation for your rideshare car accident, contact an attorney before you begin. Both Uber and Lyft offer up to $1 million in insurance coverage for those injured in car accidents involving their drivers. Obtaining your fair share of this coverage, however, can be difficult without assistance from a lawyer.
A Dallas rideshare accident lawyer can help you negotiate with Uber or Lyft’s insurance company for full compensation for your medical bills and other losses. If the rideshare company refuses to treat your claim fairly, your lawyer can take the case to trial, instead. Learn more about what to do after an accident with a rideshare vehicle by contacting an attorney today.

Car accidents are a leading cause of injuries and deaths in Texas and throughout the country. In 2020, the Texas Department of Transportation stated that there was one reportable crash every one minute and seven seconds. There were 14,656 serious injuries and 3,896 deaths from traffic accidents in 2020 alone. As a motor vehicle driver, use the following top five car safety tips to decrease your risk of getting into an accident.
 

Keep Your Vehicle Well-Maintained

Do not underestimate the importance of keeping your vehicle properly maintained. The parts and equipment of your car are what keep it in safe operating condition. Neglecting routine vehicle maintenance, such as checking the tires, fluids, windshield wipers and lights can lead to dangerous equipment breakdowns or malfunctions on the road. A tire in need of replacing could have a blowout in transit, for example, causing a rollover accident. Learn about your car’s safety features and how to use them, as well, such as autopilot features and lane departure warnings.

Practice Defensive Driving

Defensive driving is a technique that can help you be a more prudent driver. It is a driving style that allows a motorist to more easily identify and predict – and, thus, avoid – hazards. Defensive driving goes beyond simply obeying traffic laws and into a greater overall awareness of the road and foreseeable hazards, allowing the driver to make fast and well-informed decisions.
To practice defensive driving, always pay attention to your surroundings. Mark where other motorists are around you, as well as how they are driving. Rather than assuming that the drivers around you are safe and will obey the law, assume the opposite. Be constantly alert to the possibility of a driver near you breaking the rule and putting you in danger. Defensive driving can allow you to react more quickly to changing roadways situations, decreasing your risk of getting into an accident.

Avoid Distractions

Distracted driving is a serious problem. According to the National Highway Traffic Safety Administration, driver distractions are responsible for 3,142 lives lost in 2019. This represented 9 percent of all fatal car accidents that year. Driver distractions, such as cell phones, food and drinks, passengers, and personal grooming, take a driver’s attention away from driving and increase the risk of a car accident.
It is important to avoid anything that might take your eyes, hands or attention off of the driving task. This includes emotional distractions, such as driving angry. Keep children seated and avoid driving with pets to minimize distractions.

Be Aware of Blind Spots

Many drivers underestimate the importance of scanning the road with their eyes or overestimate the capabilities of their mirrors. Every vehicle, no matter how it is designed, has blind spots. Always be aware of your blind spots and do what you can to minimize them by being cautious when changing lanes.
Use your turn signals, travel at a safe speed and only change lanes when you have confirmed that it is safe to do so with your own eyes, not just your mirrors. Be aware of other drivers’ blind spots, as well, especially when driving near a big rig. Do your best to avoid driving directly next to another vehicle while traveling at the same speed.

Never Drive While Impaired

Finally, never drive while impaired. While this refers to the most common form of impaired driving – driving under the influence of drugs or alcohol – it also means driving while impaired by drowsiness or anything else. If your ability to stay awake and alert, pay attention to the road, and physically control a motor vehicle is compromised or impaired by anything, including prescription medications or a medical condition, do not drive. Driving while impaired significantly increases the risk of a car accident.

When you picture a car accident insurance claim or lawsuit, you most likely imagine the driver of the other vehicle taking legal responsibility for carelessly or recklessly causing the crash. You may not consider the potential fault of a passenger within the vehicle. However, there are unique situations where a passenger could be held liable (financially responsible) for a car accident in Texas.

Do Passengers Have a Duty of Care?

Yes, vehicle passengers have certain duties of care. A duty of care is a legal or ethical requirement to act with reasonable prudence and safety. If a vehicle passenger does something that falls outside of the duty of care, he or she has been negligent. Technically, passenger negligence does not exist in a car accident case in Texas. Only a motor vehicle driver can be held liable for a collision. However, there are cases where a passenger could share fault for the accident with the driver.
A portion of fault for a car accident could fall on a passenger if the passenger breaches any of his or her duties of care, which include:

• Not to encourage reckless driving, such as speeding or drag racing. This is an especially common problem among teenage drivers and their friends.
• Not to distract the driver. Not to talk to, argue with, touch, hit or otherwise distract the driver from the driving task.
• Not to do anything that could interfere with the driver’s ability to operate the motor vehicle, such as yank the steering wheel out of the driver’s hand.

If a passenger carelessly or intentionally acts outside of these duties of care, the passenger could be held at least partially liable for a resultant car accident. This means the passenger could be personally sued for the car wreck by any injured victims in the other car. The passenger would most likely share liability with the driver of the vehicle. In this scenario, the passenger’s auto insurance (or a parent’s insurance, in the case of a minor passenger) may step in to cover a portion of crash victims’ financial damages.

Are Passengers Covered by Car Insurance?

For the most part, a vehicle passenger who is injured in an auto accident in Texas is covered by the automobile insurance of the driver of the car. Passenger liability typically is not considered in a car accident case unless there is reason to suspect passenger negligence. In most car accident cases, the driver of the car (or his/her insurance company) will pay for the passenger’s injuries, medical bills and other losses – whether or not the driver was at fault for the accident. There are exceptions, however, in special circumstances.
If a passenger gives his or her consent (verbal or nonverbal) to ride in a car with a known dangerous driver, such as a driver who is known to be intoxicated or drowsy, the passenger may give up his or her right to obtain financial compensation from the driver’s insurance company after a related car accident. If an investigation finds proof that the passenger knew or reasonably should have known of the driver’s impaired state or reckless driving behaviors, this may undermine the passenger’s injury claim and exclude him or her from insurance coverage.

Contact a Car Accident Attorney in Dallas

Every car accident case is unique. If your car accident claim involves the potential liability of a vehicle passenger or an injured passenger who is seeking financial benefits, contact a car accident attorney in Dallas right away. An attorney can thoroughly investigate your car accident, look for signs of fault or causation, and collect evidence of passenger liability (if applicable). Your attorney will protect your rights and best interests throughout the legal process, taking the steps that are necessary to fight for the best possible case outcome on your behalf. An experienced car accident lawyer can help you every step of the way.

Top 10 Most Dangerous Intersections in San Antonio

1. I-10 and Loop 1604
2. Northwest Loop 410 and I-10
3. S. 281 and I-35
4. West Loop 1604 North and Highway 16
5. Northeast Loop 410 and I-35
6. North Loop 1604 East and I-35
7. Alamo Ranch Parkway and Westwood Loop
8. Northeast Loop 410 and Walzem Road
9. Northwest Loop 410 and Wurzbach Road
10. Northwest Loop 410 and San Pedro Avenue

How to Stay Safe at Dangerous Intersections

• Driver inattention
• Not looking before turning or proceeding into the intersection
• Turning with an obstructed view of the road
• Running a red light
• Making an illegal turn
• Distracted driving
• Misjudging the distance or speed of other vehicles

What to Do If You Get Injured in an Intersection Accident

Car accidents are one of the main causes of serious injuries and deaths in Texas. Some of the most devastating vehicle collisions take place at intersections. At an intersection, it is a driver’s legal responsibility to pay attention to and obey traffic control signals. If you were injured in an accident at an intersection while you or another driver had a yellow light, fault can be difficult to determine. You may need assistance from a Dallas car accident attorney.
 

What Are a Driver’s Responsibilities at a Yellow Light in Texas?

If a traffic light is red, drivers must stop. A yellow light is a warning that a red light is coming. Its purpose is to give drivers enough time to stop before the red light appears. However, many drivers take it to mean the opposite – they use the yellow light as a chance to speed up and “beat” the red light. This dangerous practice can lead to a driver unintentionally running a red light and causing a catastrophic high-speed accident.
According to Texas Transportation Code Section 544.007, a driver must take a steady yellow light to mean that the green signal is ending and a red signal is to be given. This means that the driver should let off the gas or gently apply the brakes to come to a complete stop by the time the signal shows a red light. The driver should only continue to pass through the yellow light if he or she has plenty of time to make it through the intersection before the light turns red.

Who Is Liable?

Fault for a yellow light car accident in Texas will depend on the circumstances of the collision. If a driver should have slowed down at a yellow light to have time to stop before it turned red, the driver could be financially responsible (liable) for an accident caused by running the red. If, however, the driver still had plenty of time to make it through the intersection at a yellow light and another driver preemptively ran a red light, the other driver would be at fault.
It is also against the law for a driver to make a left-hand turn in front of an oncoming driver. Even if the light has turned yellow, the driver making the left-hand turn must yield to oncoming traffic rather than assuming an oncoming driver will stop. Cutting off an oncoming car could make the turning driver liable for a collision. However, if the driver turning left had a green turn arrow and an oncoming driver ran a red light, the oncoming driver would be liable.

How to Prove Another Driver’s Fault for a Yellow Light Car Accident

If you get injured in a side-impact crash, head-on collision, rear-end collision, or pedestrian or bicycle accident at a yellow light in Dallas, consult with a car accident attorney for assistance proving fault. A lawyer will understand Texas’ traffic laws, as well as who had the legal obligation to come to a stop at the intersection. If another driver ran a red light, failed to proceed through an intersection with caution, was driving drunk or was guilty of another reckless act, that driver is most likely responsible for a related car accident.
An attorney can help you prove that the other driver is at fault by collecting evidence such as an accident report and eyewitness statements. Then, your lawyer can negotiate with the other driver’s insurance company for maximum financial compensation on your behalf. If you passed through an intersection at a yellow light, your lawyer can help you refute the fault for the accident or settle your claim using the comparative negligence law.
A lawyer can help you understand your rights and options after any type of intersection or yellow-light crash in Dallas. Speak to a car accident attorney today for assistance with your specific car accident case.

Parking illegally in Dallas can increase the risk of a car accident, as it may place the vehicle in an unsafe or problematic position. If you strike a vehicle that was parked illegally, you and the owner of the other car may share fault. Take the following steps after striking an illegally parked car in Texas to increase your odds of holding the other driver accountable.
 

Report the Crash

Although most collisions involving parked cars are not serious enough to require reporting to the police, you are legally obligated to call 911 as soon as possible if your car accident causes injuries, deaths or more than $1,000 in apparent property damage. If you struck an illegally parked car with enough velocity to meet these parameters, Texas law requires you to call the police right away to report the car accident.

Try to Locate the Owner

Texas Transportation Code Title 7, Section 550.024 states that upon striking an unattended vehicle, the driver of a car must immediately stop, locate the owner of the unattended vehicle and exchange contact information (name and address). If the illegally parked car is unattended, it is your legal responsibility to make a good-faith attempt to locate the owner. This may mean asking around in nearby stores to try to locate the owner.

Leave a Note in a Conspicuous Place

If you try your best but cannot find the owner of the illegally parked car, you can still fulfill your driver responsibilities by leaving a written notice in a conspicuous place on the unattended vehicle or securely attaching it to the car. This note should have your name, address and a brief description of how the collision happened. That way, the driver will have a way of contacting you when he or she returns.

Take Photographs

Before you leave the scene of the car accident, take photographs of the site and the damage to both vehicles. Photographs and video footage can provide strong evidence for your injury or property damage claim later.
Use your smartphone or a camera to document the scene in detail. Turn on the date feature to prove the time and date of the collision. Take photographs of the damage to both vehicles up close, as well as wider shots of the entire crash scene. Be sure to document the fact that the other car was parked illegally, such as pictures of a No Parking sign.

Collect Other Evidence

It is wise to gather any other available forms of evidence, as well. The more evidence you collect, the stronger your case against the other driver will be. If the collision took place in a business district of Dallas, go to nearby businesses and ask if they have surveillance cameras that may have caught the crash on tape. If anyone witnessed the collision, ask for their contact information so that you can collect eyewitness statements. If you were injured in the crash, go to a hospital in Dallas right away and request copies of your medical records. Finally, if you called the police, ask for your police report number.

Call Your Insurance Company

When you are ready, call your own auto insurance company to file an initial report of the crash. Most insurance companies require immediate reporting, so do not delay. Do not admit fault for the car accident during your conversation with an insurance claims adjuster and do not sign anything given to you by the insurance company. Your insurance company may try to devalue your claim or blame you for the collision. Instead of accepting a fast settlement that may not adequately cover your injuries and losses, contact a car accident lawyer in Dallas to discuss your rights.

Consult With an Attorney

A car accident attorney can help you prove that the other driver is at least partially to blame for the accident for parking illegally. Texas is a comparative negligence state, meaning that both you and the owner of the illegally parked car could share fault or liability for the accident. However, your percentage of fault will reduce the amount of financial recovery that you can receive for your medical bills and property damage. An experienced car accident lawyer in Dallas can help you prove your case to maximize your financial outcome.

Test-driving a vehicle is an important part of purchasing a new car. If you get into a collision while test-driving a car, however, the excitement of the buying experience can quickly turn into a nightmare. For the most part, the car dealership will be liable (financially responsible) for accidents that take place during a test drive. If you are clearly at fault for the accident, however, you may be found liable instead.

Stay Calm and Don’t Admit Fault

In the immediate aftermath of the car accident, stay calm and do not make assumptions about who caused the crash. Even if you feel like you caused the accident, do not apologize or admit fault. Absorbing fault for an accident can automatically place liability with you, even before an investigation. If you do not admit fault, on the other hand, an investigation may find another party or factor to be to blame, such as a vehicle defect.

Check for Injuries

Check to see if anyone has been injured in the test-driving accident, including yourself and the dealership employee in the vehicle with you, if there is one. If anyone is injured, call 911 to request an ambulance immediately. You should also report the car accident to the police if it appears to have caused more than $1,000 in property damage or if it involves illegal activity, such as a hit-and-run or drunk driver.

Notify the Dealership

If you were permitted to test drive the vehicle alone, without an employee riding with you, call the dealership to report the crash as soon as you can. Again, do not admit fault for the collision during your conversation with a representative from the dealership. Do not answer any questions about your injuries, either, until you have seen a doctor. Go to a hospital immediately for professional medical care. Request copies of your medical records for later.

Take Photographs

Before you leave the scene of your test-driving accident, take photographs using your smartphone or a camera, if possible. Taking photographs and videos while at the crash scene can provide important evidence during your insurance claim or injury lawsuit later. Take pictures of the entire crash site, including both vehicles and any relevant landmarks. Exchange information with the other driver and write down the names and phone numbers of any eyewitnesses.

Begin the Insurance Process

A car accident while test-driving a vehicle does not have special rules compared to a typical car crash in Texas. The state’s fault-based insurance law still applies, meaning that the driver or person most at fault for causing the collision will be liable for related injuries and expenses. Determining fault for your test-driving car accident, therefore, may take an investigation into who or what caused the crash.
You are expected to take proper care to avoid a crash while test-driving a vehicle. This responsibility involves familiarizing yourself with how the vehicle works and handles before driving. It also involves taking proper care while on the road, such as obeying all traffic laws and paying attention to other drivers.
If you fail to meet any of these requirements, you may be held liable for the accident, meaning your auto insurance company will pay for property repairs and injuries suffered. If, however, another driver caused your test-driving accident, his or her auto insurance company will cover damages. In addition, car dealerships carry fleet insurance policies on their lots. This insurance will generally cover collisions involving fleet vehicles unless you are clearly at fault.

Consult With a Car Accident Attorney

For the most part, you will take all of the same steps after a test-drive accident as you would after a standard automobile accident in Dallas. Your insurance claim may involve special issues, however, such as the dealership’s insurance company refuting liability. If you need assistance recovering fair financial compensation for the losses you suffered in a test-drive accident, consult with a car accident lawyer in Dallas as soon as possible.

Texas is a fault-based car insurance state, meaning that you must determine who is at fault for your car accident before filing an insurance claim. If another driver broke a roadway rule and caused an accident, his or her fault may seem apparent. If a medical condition caused the crash, however, such as a seizure or heart attack, fault is more difficult to assign. You may need a Dallas car accident attorney to help you establish fault during this type of case.

Did the Driver Have Knowledge of the Condition?

Liability for a car accident caused by a medical condition comes down to one main question: did the driver know about the medical condition? If the answer is yes, then he or she had constructive knowledge of the potential for a car accident and can be held liable for the collision. If the answer is no, the driver may be able to use the sudden medical emergency defense to avoid liability. This defense states that the driver had no knowledge of or reason to know about an undiagnosed medical condition and that the dangerous event was completely unforeseeable.

What Is the Sudden Medical Emergency Defense?

With the sudden medical emergency defense, the driver may be able to avoid liability for your car accident entirely. This means you will lose that driver’s insurance as an option for coverage for your medical bills and property repairs. In this scenario, you would need to rely on your own auto insurance policy for reimbursement instead.
The other driver will need to prove the sudden medical emergency defense to establish that the loss of consciousness or capacity occurred without any warning while driving. The other driver (or his or her attorney) will also need to show that the medical emergency made it impossible for the defendant to pull over in a safe location before the collision. This will require an in-depth understanding of the medical condition.
If there is evidence that the driver knew about the medical condition that caused the car accident, such as an official diagnosis of diabetes, a heart condition or epilepsy from a physician in the driver’s medical records, the driver may be unable to use the sudden medical emergency defense because he or she reasonably should have foreseen the dangerous event.
In this case, the driver could still be financially responsible for the car accident despite the medical emergency because he or she should have known not to drive. Another form of proof that the condition was pre-existing is a restriction on the person’s driver’s license, such as being prohibited to drive at night due to poor eyesight. If the other driver was ignoring his or her license restrictions, this is evidence of fault.

Was the Driver on Medication?

If an investigation finds that the car accident was caused by the side effects of a medication that the other driver was taking for a medical condition, the driver could be at fault for the collision. All prescription and over-the-counter medications come with lists of potential side effects.
If the driver reasonably should have known that a medication that he or she was taking could lead to side effects that make it dangerous to operate heavy machinery, such as drowsiness, dizziness or confusion, the driver will be legally responsible for a related crash. It is a driver’s responsibility to understand the drugs he or she is taking and to avoid driving at dangerous times.

When to Contact a Car Accident Attorney

If you have been injured in a car accident involving a driver who experienced a medical emergency behind the wheel, contact an attorney for legal advice right away. An attorney may recommend legal representation in a case involving a complication such as a medical condition, medications or the sudden medical emergency defense. You may need a lawyer’s help to prove that the other driver is liable for your losses.

A driver has a responsibility to operate a motor vehicle safely and prudently. This means in accordance with traffic laws and local roadway rules. Unfortunately, many drivers endanger the lives of others by behaving negligently or recklessly behind the wheel. Negligence and recklessness are two different things that can result in different outcomes for your car accident lawsuit. Knowing the difference can help you understand your legal rights.

What Is Negligent Driving?

Negligence is the failure to use an acceptable or appropriate amount of care, resulting in harm or injury to others. If a driver is negligent, it means he or she is operating a vehicle without using reasonable care. Negligence does not necessarily mean an intentional wrongdoing or error; it can be a careless or unintentional mistake, as well. The main elements of negligence are that someone owed another person a duty of care and breached this duty.
Examples of driver negligence include:

• Failing to yield to another driver or pedestrian
• Falling asleep behind the wheel
• Turning or changing lanes without a blinker
• Merging on top of another driver
• Failing to pay attention to the road

It is possible to hold a driver liable (financially responsible) even if the driver did not intend to make a mistake. Texas is a fault-based insurance state, meaning that the driver or party at fault for causing a car accident will be liable. If driver negligence causes a car accident, therefore, the driver’s auto insurance policy will pay for damages, or a victim’s financial losses.

What Is Reckless Driving?

Reckless driving occurs when a driver displays a blatant or wanton disregard for the safety of others. Reckless driving means that a driver knows (or reasonably should know) that his or her actions are dangerous and could put others at risk, but does them anyway. A reckless driver takes unnecessary risks behind the wheel when the chances of a collision or injuries are high. Many different types of reckless driving can lead to serious car accidents, including:

• Driving under the influence of drugs or alcohol
• Speeding or racing
• Weaving in and out of traffic
• Texting and driving
• Tailgating
• Road-rage driving
• Driving without headlights
• Running red lights or stop signs

Reckless driving is a crime in Texas. It is a misdemeanor offense that can result in a fine of up to $200 and/or 30 days in jail. It is also a civil tort, or wrongdoing, This can make the reckless driver civilly liable for the wreck. If you believe that the driver that crashed into you was guilty of reckless driving, call the police. The police can investigate the wreck and may issue a citation against the other driver for reckless driving. You can use the ticket as evidence against the driver later.

How Reckless vs. Negligent Driving Can Affect Your Car Accident Case

As the victim of a car accident caused by another driver in Texas, you may be eligible for financial compensation if the driver was negligent or reckless. The amount of compensation available may change depending on the driver’s behaviors. In Texas, if a driver’s actions reach the level of recklessness, a judge may decide to award the plaintiff with punitive damages in addition to compensatory damages.
Punitive damages are an award given to a plaintiff as a way of punishing the defendant for particularly wrongful acts. If a reckless driver caused your car accident in Dallas, therefore, you may be eligible for greater financial compensation than if the driver only reached the level of negligence. In either case, however, you may be able to recover compensation for your property repairs, hospital bills, lost wages and other losses.
If you were injured in a car accident caused by another driver, work with an attorney to determine if that driver was negligent or reckless. A Dallas car accident attorney can investigate your crash, help you determine fault and pursue maximum financial compensation on your behalf.

While you may be aware of the immediate injuries that a car accident can cause, such as broken bones or a concussion, you may not think about the long-term ramifications of being involved in a collision. The trauma inflicted on the body in a motor vehicle collision can lead to chronic pain and many long-lasting conditions. It can also exacerbate existing conditions, including degenerative disk disease. Although a car accident cannot cause degenerative disk disease, it can make this condition worse.

What Is Degenerative Disk Disease?

Despite its name, degenerative disk disease is not actually a disease, but a condition that occurs naturally with age. The spinal cord disks are the round, soft disks that sit between individual vertebrae in the spinal cord. They are soft on the inside and harder on the outside, similar to a jelly donut.
Over the years, wear and tear on a spinal disk can lead to degenerative disk disease – a condition that can cause chronic pain, shooting pains in the arms or legs, numbness, and weakness. Most patients with degenerative disk disease experience moderate chronic pain with episodes of more severe acute pain. Disk degeneration can progress over time, but the symptoms typically do not get worse unless something exacerbates the disease, such as a car accident.

How Can a Car Accident Exacerbate Degenerative Disk Disease?

A car accident exerts significant forces on the occupants of a motor vehicle. These forces can injure any part of the body, causing serious injuries. Injuries to the back and spine are common. The forces of the collision can cause the spinal cord to jerk violently back and forth, potentially injuring the spinal disks. The forces of the crash can herniate the disks, or pull them out of their proper alignment, or cause disks to rupture.
If the victim of a car accident already had degenerative disk disease, the forces of the collision can be especially painful and physically debilitating. The spinal disks may already be weakened, degraded or misaligned due to disk degeneration. The forces of the crash can then cause further damage, making pain, herniation, numbness and other symptoms of a back injury even worse for the victim.

How to Prove Disk Degeneration and Related Pain in a Car Accident Lawsuit

If you believe that your recent car accident exacerbated a degenerative disk or caused other back injuries, you will need to prove your case based on a preponderance of the evidence. This is clear and compelling evidence that convinces an insurance company, judge or jury that the defendant is more likely than not responsible for the injuries you are claiming. It can be difficult to prove injuries and pain related to degenerative disk disease, however, as an insurance company may argue that it was a pre-existing condition.
Although you cannot recover financial compensation from another driver for a pre-existing injury in Texas, you can recover a financial award for the amount by which the car accident exacerbated an injury or condition that you already had. If the collision made your degenerative disk disease worse or more painful, you may be eligible for financial compensation for the difference between how you felt before the crash and how you feel now. It will be up to you or your car accident attorney in Dallas, however, to prove that the collision worsened the symptoms of degenerative disk disease.
Proving your spinal cord injury claim will require evidence such as spinal x-rays, medical records, expert testimony and a letter from your physician. You will need evidence that clearly shows that the car accident had a negative impact on your spinal disks. If you were previously diagnosed with degenerative disk disease, you may need additional medical records proving that the car accident exacerbated the condition. A car accident attorney can help you gather evidence, prove your injury and fight for maximum financial compensation from an insurance company.

Vehicle Repairs or Replacement

Lost Wages

Pain and Suffering

Who Is Responsible?

How Much Is Your Case Worth?

Herniated or Slipped Disk

Facet Joint Injury

Whiplash

Chronic Pain

Spinal Fractures

Paralysis (Tetraplegia/Quadriplegia and Paraplegia)

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.

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.