Unfortunate Common Injuries From Car Accidents

Thursday, August 10, 2023

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


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

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

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

Fractures and Broken Bones:

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

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

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

Head Injuries:

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

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

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

Head injuries include:

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

Head injuries may cause bleeding:

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

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

Back Injuries:

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

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

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

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

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

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

Cuts and Abrasions:

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

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

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

Chest Injuries:

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

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

Chest injuries include:

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

Soft Tissue Injuries:

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

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

Internal Injuries:

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

Internal Bleeding

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

Rib and Torso Injuries

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


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

Organ Damage

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

Ruptured Spleen

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

Abdominal Aorta Rupture

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

Psychological Trauma:

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

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


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

What are the different types of burns?

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

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


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

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

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

Facial Injuries:

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

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

Symptoms may include:

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

Joint Injuries:

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

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

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

Nerve Damage:

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

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

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

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

Posted by Aaron Herbert at 10:04 am

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

Thursday, August 10, 2023

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

Cause #1: Distracted driving

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

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

Cause #2: Speeding

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

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

Cause #3: Drunk driving

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

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

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

Cause #4: Reckless driving

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

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

Cause #5: Bad weather conditions

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

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

Some Other Causes of Car Accidents not in the Top 5

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

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

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

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

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

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

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

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

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

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

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

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

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

Understanding the consequences of car accidents

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

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

Tips for preventing car accidents

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

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

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

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

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

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

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

Legal implications of car accidents in Texas

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

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


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

Posted by Aaron Herbert at 9:44 am

The Most Common Types of Car Accidents in Texas

Thursday, August 10, 2023

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

  1. Rear-end Collisions

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

  1. Head-On Collisions

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

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

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

  1. Sideswipe Collisions: 

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

  1. Single Vehicle Accidents: 

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

  1. Multi-Vehicle Pileups: 

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

  1. Rollover Accidents: 

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

  1. Parking Lot Accidents: 

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

  1. Hit-and-Run Accidents: 

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

  1. Pedestrian and Bicycle Accidents: 

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

  1. Distracted Driving Accidents: 

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

  1. Drunk Driving Accidents: 

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

  1. Weather-Related Accidents: 

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

  1. Fatigue-Related Accidents: 

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

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

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

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


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

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

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


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

Top Injuries Associated with Car Accidents and Their Impact

Wednesday, August 9, 2023

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

Whiplash: Causes neck pain, stiffness, and headaches.

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

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

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

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

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

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

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

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

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

What injuries are most frequently associated with car accidents

Types of Car Accidents

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

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

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

Categories of Car Accident Injuries

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

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

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

Car Accident Deaths

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

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

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

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

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

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

  1. PTSD:

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

Injuries Associated with Car Accidents

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

How Much Are Car Accident Injuries Worth?

Top Injuries Associated with Car Accidents and Their Impact 2

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

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

Damages and Expenses You May Have

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

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

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

How Compensation Is Determined for Car Accident Injuries

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

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

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

How to Get Compensation for Your Car Accident Injury

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

Statute of Limitations

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

Process for Filing Claims and Lawsuits

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

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

Settlements vs. Verdicts

Car accident claims are resolved in one of two ways:

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

Seek Professional Help After a Car Crash Injury

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

Posted by Aaron Herbert at 6:51 am

What Do I Do When Another Driver Has an Accident in My Car?

Tuesday, July 19, 2022
It’s bad enough to crash your own car and have to take responsibility for the damages, but when someone else has an accident in your vehicle, you can feel trapped. Loaning your vehicle to a friend or family member seemed harmless at the time, but now you have to face the consequences of a collision. Luckily, car insurance follows the vehicle, not the driver. However, someone else crashing your car can lead to your premium going up and having to pay a hefty deductible. Here’s what to do after someone else has an accident in your vehicle.

Call Your Insurance Company

F The first step after a friend or family member causes an accident in your car is to call your insurance company. The company will tell you who your policy includes. Typically, insurance policies cover people in your household automatically, as well as friends if you give them your permission to drive the car. However, some policies have an excluded list that describes certain people the insurance company will not cover. Depending on the circumstances of the crash, the driver’s insurance company, and the damage to your vehicle, your company will handle the situation in a variety of ways. If the driver suffered an injury in the crash, his or her own personal injury protection (PIP) policy would cover the costs. Unlike liability coverage, PIP policies cover the driver first and the vehicle second. If the driver does not have this protection under his or her policy, he or she could claim it against your own PIP coverage.

Find Out Who Will Pay for Damages

In a common scenario, where you and the driver both have car insurance, both companies may foot the bill for the accident. Your car insurance would serve as the primary coverage, and the driver’s insurance would be secondary. If the vehicle’s damages exceed the coverage limit on your policy, the driver’s insurance would step in and cover the remaining balance. Your own insurance coverage would pay for all damages if:
  • The driver did not have insurance
  • An excluded driver borrowed your car
  • Someone stole and crashed your vehicle
Remember, if the accident wasn’t the driver’s fault, the other involved driver’s car insurance would cover damages and your personal insurance wouldn’t change. Arm yourself with information in these situations by speaking with your insurance company and finding out what your policy covers. If you don’t have the right type of coverage, you may end up paying for damages out of pocket.

Speak to an Attorney Regarding Liability Issues

When someone else crashes your car, it’s possible for victims in the accident to hold you liable for damages. While this may not seem fair, it does make sense in certain scenarios. A party may hold you responsible for injuries and property damage even if someone else was driving your car. Such a situation might include you knowingly letting an intoxicated person operate your vehicle, letting an unlicensed driver take your car, or if issues relating to the car itself caused the crash. If, for example, the car’s badly maintained brakes failed while someone else was behind the wheel, the courts may hold you, the vehicle’s owner, responsible for a crash. Liability issues can be complex when a crash involves a vehicle owner and separate driver of the vehicle. Speak with an attorney if you believe you might end up in court regarding a car accident lawyer – whether you’re the driver or someone else was.

Prevent Similar Accidents in the Future

Dealing with car insurance companies and liability problems resulting from an excluded driver crashing your car can be a major headache. If there’s even a small possibility of a friend or family member driving your vehicle, include him or her on your insurance policy.
Posted by Aaron Herbert at 1:36 pm

How Long Does an Insurance Company Have to Settle a Claim?

Sunday, July 10, 2022
In the aftermath of a car accident in San Antonio, you could be dealing with many expenses. You may have serious injuries that require thousands of dollars in medical care, as well as the costs of repairing damaged property and making up lost wages. If you are curious as to when you might receive a settlement check from an insurance company, look at the average timeline of a claim in Texas.

1-2 Days: You File a Claim

After an accident, you should initiate the insurance process right away. Some insurance companies have deadlines to file, such as 72 hours after the accident, while others simply request that claimants file as soon as possible. Aim to file your initial claim within one to two days after the accident. Then, focus on getting medical care and following your doctor’s treatment plan while you wait for a response.

15 Days: The Insurance Company Responds

Insurance Company Claim An insurance company will have no longer than 15 days from the date of receiving notice of a claim to acknowledge its receipt in writing and commence an investigation, according to Texas Insurance Code Section 542.055. at that time, the insurance company will also be required to request all statements, records and forms it believes it will need from the claimant.

15 to 45 Days: Insurance Investigation and Decision

The insurance company’s investigation of your accident and the losses you are claiming is typically the longest part of the insurance process. Under Texas Insurance Code Section 542.056, an insurance company has no more than 15 days after it has received all items and statements required to notify the claimant in writing of claim acceptance or rejection. If your claim involves possible arson, the insurance company has 30 days to make its decision. If the insurance company has a valid reason why it cannot accept or reject a claim by the deadline, it must notify the claimant that it needs additional time and explain the reason. In this scenario, the insurance company will have no more than 45 days from the date it notifies the claimant to accept or reject the claim.

5 Days: The Insurer Releases a Check

If the insurance company accepts your claim, it must release payment of the claim within five business days of notifying you of the acceptance and receiving your signature on the liability release form. Upon the release of the check, expect your payment by mail within no more than two weeks.

Note: Timelines Vary

All in all, the insurance process can take anywhere from one to three months or longer to complete in Texas. If your claim does not encounter any complications, expect your settlement check within about one month of filing a claim. If, however, your case involves liability disputes, catastrophic injuries or injuries with lengthy recovery times, expect it to take longer. Although it is not common, you may need to take your personal injury case all the way to court for a fair result in San Antonio. This might be the case if the insurance company in charge of your claim is denying liability or refusing to offer a satisfactory settlement. If you need to file a personal injury lawsuit, the legal process could take significantly longer than an insurance settlement. A lawsuit can take one year or longer to resolve in Texas. Your exact timeline will depend on several factors, including how soon you can get a court date in your jurisdiction and whether you and the defendant settle the case before it goes to trial. For more information about the insurance process in Texas, including how long your settlement might take, consult with a personal injury attorney. Hiring an attorney may enable you to speed up the settlement process, as your lawyer will know how to communicate and negotiate with an insurance claims adjuster. A lawyer can also represent you during an injury trial in San Antonio, if necessary.
Posted by Aaron Herbert at 12:30 pm

Can You Be Sued for Texting a Driver?

Thursday, June 30, 2022
The age of technology has brought about some interesting questions regarding liability. Although people may not have a physical influence at the scene of a crime or accident, their electronic presence could impact one party’s ability to perform certain duties. Although it is not yet a criminal act to text someone who is driving, more people are beginning to question the liability of texters due to recent law suits.

The Case of the New Jersey Texter

Can You Be Sued for Texting a Driver? 5 In 2009, a New Jersey couple was badly injured by a driver whose truck drifted into their lane. After settling with the driver, the couple decided to go after his girlfriend as well because she texted him before the crash and was said to be the cause of his distracted driving. The court could not prove the driver’s girlfriend knew he was driving when she sent the text, and, therefore, she was not liable. However, this case led to many questions about the liability of those who text a driver.

What Does the Law Say?

The driver of a vehicle is responsible for operating under a “duty of reasonable care.” This means drivers must take an ordinary amount of care to ensure the safety of passengers and others on the road. If the prosecution proves a driver breached the duty of care, and that breach resulted in harm or injury to others, the driver is guilty of negligence. IT’s extremely important to work with a car accident lawyer to fully understand the laws and your rights. Can You Be Sued for Texting a Driver? 7 In some states, the passenger of a vehicle must also act with reasonable care. If the passenger doesn’t take reasonable care, he or she could bear the guilt in an accident. It usually takes a great deal of investigation to prove liability in such a case. If a non-driver’s text directly affected the driver’s ability to act with reasonable care, the texter could be found guilty if a prosecutor proves he or she was aware the driver was operating a vehicle at the time. Because the texter is not physically in the vehicle, liability is even more difficult to prove, but it’s not impossible.

Elements of Negligence

For the courts to find someone guilty of negligence, the prosecution must prove all elements of negligence. First, the prosecution must establish a duty of care based on the relationship between the defendant and plaintiff. All drivers assume a duty of care when they operate a vehicle, and it extends to those with direct impact over the driver’s behavior. Once the prosecutor establishes the texter has a duty of care, he or she must prove the texter broke that duty by sending the text. If the prosecutor can prove a breach of duty, there also needs to be evidence that the breach caused the harm or injury. The law calls this a “cause in fact” or “but-for” causation. If the defendant could have reasonably foreseen the resulting harm, even if the actions did not directly impact the damages (such as texting from a different location), his or her actions fall under proximate cause, and the courts can still apply liability. Lastly, the law must legally recognize the harm, known as damages, resulting from the defendant’s actions to prove liability in a negligence case.

How to Avoid Liability

Even though it can be difficult to prove liability of a texter in a text-related accident, all involved parties should be careful. If you suspect the person you are texting might be on the road, don’t send the text. It is better to be overly cautious than to unwittingly cause an accident. Additionally, if you are the driver of a vehicle, don’t let new messages distract you from your responsibility to drive with care. As tempting as it may be, checking your phone while driving could cause harm to you, those around you and possibly your message sender.
Posted by Aaron Herbert at 10:39 am

If a Jaywalker Is Hit by a Car, Who’s at Fault?

Wednesday, June 22, 2022
When we think of accidents involving pedestrians and fault, we often assume that the motorist is at fault. In driver’s education courses, we’re often taught that pedestrians have the right of way. In certain situations, however, pedestrians can be liable for accidents, either partially or wholly.

How Do We Determine Fault?

Imagine witnessing a car hit a pedestrian. When telling a friend about the accident, you maintain that it was the pedestrian’s fault because he or she ran out in front of the vehicle before the driver could react. In some cases, assigning fault is this simple. There’s little a motorist can do when a pedestrian runs out in front of traffic. In these situations, witness testimony like yours may help an insurance adjuster arrive at that decision. Insurers may also look at police reports, traffic cameras, and whether or not the driver was following all applicable laws. It’s important to discuss your situation with a car accident lawyer to understand your rights and possible compensation. If a Jaywalker Is Hit by a Car, Who’s at Fault? 9In the case that the driver is wholly at fault, the pedestrian will easily recover damages from the driver’s insurance policy for economic and general damages. The main hassle in these circumstances is fighting with an insurance company to raise its lowball offers. In the event that a pedestrian shoulders all the blame for an accident, he or she likely won’t get compensation for subsequent injuries. In fact, the driver may be able to file a personal injury claim if he or she was injured in the process of swerving, or if the insurance company won’t cover the full cost of property damage. Instances in which a pedestrian may be fully at fault include jaywalking (crossing in the middle of the street), crossing against a traffic signal, walking along a highway, or walking while intoxicated.

What About Shared Fault?

Even in these scenarios, a driver may shoulder at least part of the blame for an accident. For example, a motorist may be partially at fault for a jaywalking accident if he or she was speeding even just a few miles over the limit. Distracted driving is another common reason for shared fault in jaywalking cases. When both the pedestrian and driver are a fault, the courts turn to one of two different legal concepts to guide their decisions in personal injury claims: contributory negligence or comparative negligence.

What Is Comparative Negligence?

Most states, including Texas, use the principle of comparative negligence to determine the proportion of fault in personal injury cases. A handful use an all-or-nothing system called contributory negligence to settle personal injury claims, stating that a guilty party must be 100% at fault for an injured person to collect a personal injury settlement. While these cut down on the number of personal injury cases the courts see, they’re rarely fair. San Antonio and surrounding areas use a comparative negligence rule when an injured person, like a jaywalking pedestrian, shares some of the blame for an accident. Under this rule, the victim can collect damages from another at-fault party, but the settlement will be reduced by his or her fair share of fault. For instance, imagine a driver was texting a friend when a jaywalker stepped out in front of him or her. The vehicle strikes the pedestrian, causing extensive injuries. The pedestrian sues the driver for damages, and a jury determines that the driver was 60% at fault for the accident. The pedestrian is entitled to damages minus his or her proportion of fault. Texas follows what’s known as the 51% rule, meaning an injured party can recover damages if he or she is 50% at fault or less.

Have You Been Injured in a Pedestrian Accident?

If you’ve been injured by a vehicle, you may be eligible for compensation—even if you were jaywalking. Contact our office for a free case evaluation to see if you qualify.
Posted by Aaron Herbert at 12:03 pm

San Antonio Pedestrian Accidents – Child Pedestrian Injuries

Saturday, June 18, 2022

San Antonio Child Pedestrian Injury Attorney

Child pedestrian injuries and deaths due to motor vehicle related incidents nationwide average 20,000 incidents each year.  The majority of child pedestrian injuries and deaths occur at non-intersection locations.

When a child suffers an injury or is killed in an auto accident, parents and other family members are often left with many unanswered questions. It is understandable to feel overwhelmed, but help is available to get you through this. If the crash was the result of negligence, such as a distracted driver, a dangerous roadway, or a faulty vehicle part, the injured child or the family members of the deceased child have a legitimate claim for damages.

Pedestrian Accident Lawyer

The Law Firm of Aaron A. Herbert’s personal injury attorneys and staff are sympathetic to and resourceful for those affected by a serious car collision involving a child. For years, we have fought to protect the rights of our clients, assisting them in their pursuit of justice for compensation. We offer a free, no obligation consultation with a board certified personal injury attorney. We will listen to what happened, we will explain all of your legal rights and we will fight to protect those rights. There is no fee or case expenses unless we recover in your case.

While these accidents are tragic and most often the fault of careless drivers and not the fault of the child or child’s parents, the following are tips can at least help reduce the risk of being hit by a careless driver.


Teach Kids How to Walk Safely

  • Teach kids at an early age to look left, right and left again before crossing the street. Then remind them to continue looking until safely across.
  • It’s always best to walk on sidewalks or paths and cross at street corners, using traffic signals and crosswalks. If there are no sidewalks, walk facing traffic as far to the left as possible.
  • Teach kids to make eye contact with drivers before crossing the street.
  • Children under 10 need to cross the street with an adult. Every child is different, but developmentally, most kids are unable to judge the speed and distance of oncoming cars until age 10.
  • Encourage kids to be especially alert for cars that are turning or backing up.
  • Teach kids not to run or dart out into the street or cross between parked cars.
  • If kids are walking when it’s dark out, teach them to be especially alert and make sure they are visible to drivers. Have them wear light- or brightly-colored clothing and reflective gear.

Take Action Against Distraction

  • Teach kids to put phones, headphones and devices down when crossing the street. It is particularly important to reinforce the message with teenagers.
  • Pull headphones down or turn off the volume before crossing the street.
  • Be aware of others who may be distracted and speak up when you see someone who is in danger.
  • If kids need to use a cell phone, teach them to stop walking and find a safe area to talk.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:
  • Traumatic brain injury (TBI).
  • Spinal cord injury.
  • Limb loss and traumatic amputation.
  • Internal injuries.
  • Disfigurement.
  • Fractures, such as a broken leg, arm, rib or pelvis.
  • Neck and back injuries.
  • Sprained or torn ligaments.
  • Contusions, lacerations and abrasions.
In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. /contact/”>Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 12:37 am

Steps to Be Safer on the Road

Thursday, June 2, 2022
Americans are more health-conscious than ever. Thanks to this new attitude and advances in medical technology, we are living longer, more productive lives. As we age, however, we begin to lose our sharp vision and some fine motor control. As a result, older Americans are more likely to get into accidents on the road. In 2012, motor vehicle crashes killed more than 5,500 adults and injured 214,000 more. Adults ages 85 and older are most vulnerable, though your risk of being in an accident increases exponentially after 70. Physical changes, vision changes, and a decline in cognitive functions are risk factors for age-related car accidents. Driving is an important aspect of maintaining our independence as we age. Luckily, older Americans can take some simple steps to protect themselves when behind the wheel.

Wear Your Seatbelt

Driving Safety Tips This is one of the simplest things anyone can do to decrease the risk of being injured in a car accident. Older Americans already participate in higher rates of seatbelt use than younger groups. Of those involved in fatal crashes, 75% were wearing seatbelts—compared with 66% of those ages 18 to 64. Buckling up is easy to remember and greatly decreases the risk of injury or fatality. In Texas, we wear our seatbelts more than the national average (at a rate of 94%, compared to 86% nationally). Keep up the good work, and buckle up for safety.

Drive When Conditions Are Optimal

Whenever you can, avoid inclement weather conditions. Older adults are already more likely to limit their driving during bad weather and at night. Overall, they tend to drive fewer miles than their younger counterparts. Driving during times of optimum visibility can decrease the likelihood of an accident. If you must drive after dark or in the rain, ask someone for help.

Do Not Drink and Drive

Older drivers are less likely to get behind the wheel of a car while intoxicated. Only 7% of drivers who were involved in fatal accidents had a blood alcohol content above the legal limit of .08. For comparison, nearly a quarter of drivers aged 18 to 64 involved in fatal accidents had a BAC of over .08. Driving under the influence of alcohol or other substances is never worth the risk. If you anticipate drinking some alcoholic beverages, arrange for alternate transportation. Designate a driver or call a cab.

Other Protective Measures

Older drivers can take other steps to ensure their safety on the road. Try some of these preventive measures to lessen your risk of injury in a car accident: • Participate in regular low-impact exercise, such as walking or water aerobics, to keep your muscles strong. Muscle tone and flexibility are important aspects of driving—even if we do not necessarily think about it. • Schedule an eye exam once per year. Our vision is one of the first things to diminish as we age, so regular exams are essential. • Plan your route before getting into your car, avoiding highways and other busy roads whenever possible. Opt for back streets and well-lit areas if driving at night. • Use alternatives if you find your ability to drive waning. Options include public transit and carpooling with a friend. Safety is your utmost priority on the road. But if you have been involved in an accident, you need the services of an attorney. If you think you have the grounds for a personal injury claim due to an auto accident, contact a member at our experienced law firm for a free initial consultation. We will help you decide on an appropriate course of action, risk-free. Contact us today.
Posted by Aaron Herbert at 12:40 pm

What to Do After a Rear-End Accident in San Antonio

Tuesday, May 31, 2022
A rear-end accident can cause an injury that interferes with the rest of your life, such as whiplash or a concussion. If you’ve been injured in a rear-end car accident, the driver that hit you may be financially responsible for your injuries and losses. Take the following steps to increase the chances of collecting the compensation the law entitles you to in San Antonio, Texas.

Pull Over and Check for Injuries

Rear-End Car Accident Attorney in San Antonio Texas’ hit-and-run law requires all drivers involved in auto collisions, minor or major, to stop as close to the scene of the accident as possible. You must pull over and check yourself and others for injuries. If someone is injured, you have a legal responsibility to render aid, meaning to call the police or drive the victim to the nearest hospital.

Report the Rear-End Collision to the Authorities

Texas law also requires you to report any car accident to the police that causes physical injuries, fatalities or more than $1,000 in property damage. You may also wish to call 911 from the scene of a more minor accident to receive an official report that documents the rear-end accident. Having the police at the scene of the accident can benefit you in many ways. For example, the other driver may receive a ticket for reckless behavior such as speeding, tailgating, driving drunk or driving while distracted.

Do Not Admit Fault

It is important not to admit fault for a rear-end collision. Even if you are the rear driver and will most likely take responsibility for the collision, do not admit fault to the other driver or the police. Claiming fault right away will eliminate the need for a crash investigation. If you do not admit fault, on the other hand, an investigation may find proof of other liable parties, such as the other driver’s shared fault.

Take Pictures

If you can, take photographs while at the scene of your rear-end car accident in San Antonio. Capture pictures of the damaged vehicles, your injuries and some wide-lens shots of the entire crash scene. Photographs can paint a picture of how the collision occurred and who is liable, such as by capturing brake marks in the road or a hidden stop sign.

Exchange Information

Exchange names, addresses, phone numbers and insurance information with the other driver. Since Texas is a fault-based car insurance state, you will need to bring your claim with the at-fault driver’s insurance carrier. Ask for the name of the driver’s auto insurance company while still at the scene. You can also reference the police report for this information later.

Go to a Hospital in San Antonio

Get medical care immediately after a rear-end car accident. Common injuries suffered in these collisions are whiplash, soft-tissue injuries, back injuries, herniated discs, broken bones, traumatic brain injuries and knee injuries. Prompt medical care can show an insurance company that you did your part to mitigate your physical damages.

Call the Insurance Company

Call the other driver’s insurance company to report the accident as soon as possible. Most insurance carriers have deadlines on filing. Be careful when discussing the accident with the insurance company, however, as the carrier will want to minimize your financial recovery. Do not admit fault or allow the claims adjuster to record a statement Also, do not sign anything sent to you or agree to a settlement offer without an attorney’s approval.

Consult With a Car Accident Attorney in San Antonio

Your next step should be to contact a car accident lawyer in San Antonio to schedule a free legal consultation. You have nothing to lose in arranging a consultation and potentially a lot to gain. A lawyer can review your case to help you understand and protect your rights. If the other driver is to blame for your rear-end collision, that driver’s insurance company will be financially responsible for your losses. An attorney can help you prove fault and negotiate for maximum financial compensation so you can move forward after a rear-end accident in San Antonio.
Posted by Aaron Herbert at 2:37 pm

How to Claim Lost Wages and Income From a Car Accident

Wednesday, May 25, 2022
A car accident can interrupt your life in many ways, leading to both financial and nonfinancial losses. One of the most common types of losses associated with car accidents in Texas is lost wages. Lost wages can refer to both the income lost while you are undergoing medical treatments as well as any future lost capacity to earn due to a long-term disability.

How to Seek Lost Income in a Car Accident Case

The first phase of a car accident lawsuit in Texas is filing an insurance claim with the carrier of the at-party. The driver at fault for causing your car accident will be financially responsible for losses since Texas is a fault-based state. Driving Safety Tips When you file an insurance claim with the at-fault driver’s provider, you will list all of the financial losses you suffered in the car accident. You also have the right to seek financial compensation for noneconomic losses, such as pain and suffering. Before you can receive insurance benefits for these losses, however, you will have to prove that a) the defendant caused your car accident through an act of negligence and b) the car accident gave you compensable damages. A car accident lawyer can help you with this burden of proof.

Collect Proof of Your Lost Wages

To receive financial compensation for lost wages, you must present evidence of this type of loss. An insurance company, judge or jury will need to see enough evidence that proves you suffered a loss in income, and that this loss was directly connected to the auto accident. Common types of evidence used to prove lost wages are:
  • Most recent pay stubs before the injury
  • Payslips for special projects
  • Proof of tips or commission
  • Letter from your employer
  • Proof of employment benefits
  • Customer invoices
  • Tax return documents or W2s from previous years
  • Medical records proving the longevity of your injury
  • Letter from a physician proving you cannot return to work
  • Testimony from an economic expert
A car accident attorney in San Antonio can help you gather evidence of your lost wages connected to the car accident. An attorney will take over negotiations with an insurance company on your behalf to prevent the carrier from taking advantage of you or offering less than your losses are worth. An attorney will also help you project the value of your future lost capacity to earn if you suffered an incapacitating injury.

Calculate Lost Future Capacity to Earn

With a long-term or permanent disability, you could be eligible for lost future capacity to earn in a car accident case. This is an amount of compensation that represents what you reasonably would have earned from your job in the future had the accident not occurred. If the accident gave you an injury that will temporarily or permanently take you out of work, a lawyer can help you calculate this type of economic loss based on what you used to earn, what you can earn now (if anything) and how long you will foreseeably have your incapacitating injury.

How Much Is Your Claim Worth?

The value of your claim will depend on several factors unique to your case, including your average income pre-injury and the severity of the auto accident. An attorney can guide you through the steps necessary to accurately calculate your lost income, including the correct calculation method depending on whether you earn an hourly wage or salary. The best way to accurately estimate the value of your case is by consulting with an attorney. An attorney will work hard to maximize the financial relief you receive from a car insurance claim or injury lawsuit, including an amount in lost wages. Hiring an attorney can be critical if a car accident in San Antonio took you out of work for any amount of time.
Posted by Aaron Herbert at 8:04 am

What to Do After a Car Accident While Driving a Rental?

Thursday, May 19, 2022
A car accident can be stressful enough on its own without the added complication of driving a rental car. You may have heard different things about whether or not your own auto insurance provider will cover property damage done to a rental vehicle. Find out exactly what to do after a car accident while driving a rental in San Antonio for the best odds of obtaining coverage.

Check for Injuries

Pull the rental car over in a safe place and check for injuries. Take a moment to see if you notice any pain, bleeding or swelling. Then, check the conditions of the passengers in your vehicle and – if it is safe to exit your car – the conditions of those in the other vehicle. If anyone is injured, you have a legal obligation to render aid.

Call the Police

Car Accident Liability Documenting your car accident is critical for a successful rental car insurance claim. The first question an auto insurance company typically asks is for the police report number. If you do not report the crash to the police, this can hurt your claim and make it more difficult to recover financial compensation. In Texas, it is a requirement to call the police immediately to report any auto accident that causes injuries, deaths or at least $1,000 in property damage. It can help your claim, however, to contact the police after any rental car accident, including minor collisions.

Gather Evidence

If you are physically able to do so, gather evidence while still at the scene of the rental car accident. Write down the other driver’s name, contact information, a description of his or her vehicle, and his or her license plate numbers. Use your cell phone or a camera to take photographs and videos of the scene of the crash. Write down your police report number so you can request a copy later.

Go to a Hospital in San Antonio

Obtain professional medical care for your injuries as soon as possible. Waiting too long to see a doctor after a rental car accident could give the insurance company a reason to deny coverage. Delaying medical care could also have a negative impact on your physical health. Explain to the doctor that you were just in a car accident. Request copies of your medical records before you leave.

Call the Rental Car Company

When you are able, contact the rental car company and report that you were in an accident. You must file an official car accident report with the rental company. Do not admit fault for the collision. Wait for an official investigation to determine who or what caused the crash rather than accepting liability from the onset. Ask the rental company what you should do with the vehicle. You are responsible for the car until you return it. The company may ask you to tow it to a specific auto shop or one of its nearby rental offices. Do not take the rental car to an auto shop without consulting with the company and getting its approval first.

Call Your Insurance Company

Call your own auto insurance company to initiate the claims process. If you did not cause the crash, reporting it to your insurer will not increase your premiums. Your own car insurance provider may contact the rental car company to work out an agreement. If you paid for rental car insurance, for example, your own insurance company can seek reimbursement through the rental policy. If you used a credit card to rent the car, call your credit card company to report the accident as well. Many major credit card companies offer rental car insurance coverage for property repairs. This is often only the case, however, if you did not cause the accident.

Contact an Attorney

Finally, contact a car accident attorney in San Antonio for assistance with the legal process. An attorney will know exactly what steps you should take for a successful case after a car accident in a rental car.
Posted by Aaron Herbert at 11:37 am

What Happens If a Drunk Driver Hits You in San Antonio, Texas

Thursday, May 12, 2022
Driving while intoxicated is a dangerous and reckless driver behavior that causes thousands of injuries and deaths in Texas every year. In 2018 alone, 961 people in Texas lost their lives due to drunk drivers. This represented 26% of all car accident deaths in 2018. If you get into an accident with a drunk driver in San Antonio, Texas, find out what happens next to prepare for the process ahead.

The Drunk Driver Could Face Criminal Charges

First, the drunk driver could face criminal charges for breaking Texas’ driving while intoxicated (DWI) law. It is illegal in Texas to operate a motor vehicle with a blood alcohol content level at or above 0.08%. A driver could also be guilty of DWI with a lesser blood alcohol content level if he or she is too impaired to drive. The driver may get arrested for drunk driving at the scene of your car accident. Call the police right away if you suspect the driver who hit you is drunk. If the driver is found guilty of DWI, your DWI accident attorney in San Antonio or a drunk driving attorney in fort worth can use the conviction as evidence during your civil case against the driver. However, there does not need to be an arrest for you to make a civil claim in San Antonio.

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

A civil lawsuit can reimburse you and your family for the economic and noneconomic damages connected to a drunk driving accident. A civil lawsuit is different from a criminal case against the defendant. A civil case can make you whole again by providing financial compensation for past and future losses, while a criminal case punishes the defendant. A successful civil lawsuit against a DWI driver could lead to compensation for:
  • Medical expenses
  • Physical pain and suffering
  • Scarring or disfigurement
  • Emotional anguish
  • Disability
  • Lost wages and capacity to earn
  • Vehicle repairs or totaled car replacement
  • Lost enjoyment of life
In Texas, the driver at fault for causing a car accident is financially responsible for damages. It is up to the victim, however, to prove the defendant was negligent or reckless and caused the collision. You or your attorney must demonstrate using evidence that the driver was under the influence of alcohol and that this caused the crash to recover compensation.

You May Be Entitled to Punitive Damages

Compensatory damages are available to help you pay the bills, recover and move forward after an accident. Another category of damages, punitive damages, is meant to punish a defendant for gross negligence or egregious wrongdoing. You may be eligible for punitive damages after a drunk driving car accident due to the nature of the defendant’s error. Even if the driver is not convicted of a DWI, you could receive punitive damages for the driver’s reckless decision to drink and drive.

You Could Also Hold a Negligent Bar or Restaurant Accountable

Texas has a dram shop law (Texas Alcoholic Beverage Code Chapter 2) that may entitle you to hold a bar or restaurant accountable for your drunk driving accident in addition to the intoxicated driver. This law places liability with establishments that overserve their patrons if those patrons proceed to injure others. If an establishment knowingly served a visibly intoxicated person or minor alcohol, and that person went on to cause a drunk driving accident, the dram shop may be held financially responsible for resulting injuries and property damage. The dram shop could be liable for contributing to the DWI accident by overserving the culprit.

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

If a drunk driver hits you in San Antonio, Texas, you have legal rights as an injured accident victim. Consult with a car accident attorney in San Antonio for more information about your rights and legal options. You may have grounds to file a lawsuit against the intoxicated driver and/or other parties, such as the dram shop. A lawyer can explain your rights, provide legal advice, and represent you during a car insurance claim or personal injury lawsuit. Contact a car accident lawyer in Texas as soon as possible after a DWI crash for assistance.
Posted by Aaron Herbert at 5:54 pm

What Steps Should I Take After I Was the Victim of a Hit and Run Accident?

Monday, May 2, 2022
Being in a car accident is bad enough, but being the victim of a hit and run is even worse. Who will pay for your injuries and vehicle’s damages? Each state has a different set of laws addressing hit and run accidents. The following will help you understand the rules in Texas, what to expect, and when to consult a personal injury attorney for further assistance.

Moments After the Accident

In the immediate aftermath of the accident, the first thing you should be worried about is your safety. Pull over to the side of the road and look for injuries. It may be tempting to engage in a chase with the runner, but this is unwise. Catching the perpetrator is a job for law enforcement personnel. Your job is to tend to your injuries and call the police and emergency medical services, as necessary. Take a couple of deep calming breaths while waiting for them to arrive. Car Accident Lawyer Calling the police to file a report is essential. Your insurance company generally handles hit and run claims, and it may deny your claim without a report. Alert the authorities, even if you don’t have the license plate information or other identifying information – just give them as much as you can. In some precincts, police won’t respond to the scene of an accident unless there are injuries. If this is the case in your area, you’ll have to go down to the station and request a report. Do this as soon as possible after the accident.

Gather Evidence

If you’ve tended to injuries and filed a report, all you can do now is gather evidence for your insurance company. Take pictures of all angles of your vehicle’s damage, as well as any property damage (to light posts, road signs, etc.). Claims adjustors from your insurance company may also want to take their own pictures of the damage and scene. Write down everything you can remember. Ask for email address or phone numbers of eyewitnesses while you are at the scene. If you’re lucky, one of them may have seen the license plate number of the person who hit you – making it possible for your insurance company to pursue the other insurance company for damages.

Know Who Pays for Damages

In the state of Texas, uninsured and underinsured motorist coverage is optional, though insurance companies are, by law, required to give you the option to purchase it. If you have uninsured motorist coverage, your insurance company will likely pay for the damage to your vehicle – though you’ll be stuck with the deductibles. If you don’t have uninsured or underinsured motorists’ coverage, and the police don’t catch the person who hit you, you’ll be paying for any damages out of pocket. For this reason, it’s wise to purchase uninsured motorist coverage when you insure your vehicle.

When to Call a Personal Injury Attorney

Ideally, your insurance company (or the insurance company of the perpetrator, if caught) will pay for your medical bills and compensate you for lost wages if you’ve been injured by a hit and run driver. Unfortunately, this isn’t always the case. If you’re struggling to pay your medical bills and make ends meet because of a hit and run accident, you may need a personal injury attorney. Luckily, most personal injury attorneys offer free consultations, which help them determine if you would qualify for a settlement. Being in a hit and run accident may seem like the end of the world, but it doesn’t have to be. With a level head and a proactive approach, you will be back on the road in no time.
Posted by Aaron Herbert at 7:04 am

Calculating Lost Wages From a Car Accident

Thursday, April 28, 2022
A car accident resulting in injury tends to have a snowball effect; hospital stay, recovery time, surgery if necessary and extensive bills for all of the above are just a few of the problems with which you might have to contend. Another is lost wages from missed work. This can have lasting damage on your finances if not fully compensated, but your options to do so are not limited; one can be to sue the responsible party.

How Can I Calculate My Lost Wages?

This can largely depend on what type of job you have and how you are paid. If you work in a full-time salaried position, this calculation is rather simple. If you work on an hourly basis or your salary is largely dependent upon commission, it’s more difficult to calculate an exact figure. Lost Wages From a Car Accident 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. This is especially true if you are self-employed or work on a freelance basis. Showing proof of assignments and work you missed, the contract agreement for said work and/or what you had earned on similar projects in the past will all be important. Wage loss doesn’t just include what you did miss, but also what you might have missed; future earning capacity and lost opportunities (such as a raise or promotion) can very well be included in your claim if you can verify them. Accurate calculation of lost wages depends on proper documentation; you’ll need:
  • Physician’s letter, describing the extent of your injuries, medications prescribed, suggested recovery and the total length of time you must miss work.
  • Employer’s letter, stating that you are in fact an employee there, and that you did indeed miss all of that time from work.
  • A copy of the police report.
The aforementioned paperwork, such as tax returns and previous pay stubs, will also be crucial for documenting your wages.

Wage Loss Insurance

It’s not a guarantee that your car insurance plan covers lost wages due to missed work. This usually happens if you choose the option with the lower deductible. Typical liability, uninsured motorist and personal injury protection plans will cover for lost wages, but as always, read the fine print to be certain. Liability and uninsured motorist plans will cover 100 percent of lost wages. Personal injury protection can be very important, because even though it will only cover 80 percent of lost wages, it does this regardless of whether or not you were at fault. In the event of a car accident, missing work can seriously hinder your ability to pay your medical expenses. Filing a lawsuit or claim for compensation against the responsible party can help you recoup what you had lost.
Posted by Aaron Herbert at 12:04 pm

Determining Liability for a Car Accident in Texas

Saturday, April 23, 2022
If you get into a car accident in Texas, you will hear the term liability when going through the insurance process or a personal injury lawsuit. In legalese, liability means legal and financial responsibility for an accident and related injuries. Holding someone liable for your car accident means that person or party will have to pay for your medical bills and other losses.

Insurance Company Investigation

The first phase in determining liability for a car accident in Texas is filing a car insurance claim. Filing a claim will initiate the insurance company’s investigation of the crash. The sooner you contact your insurance company, the sooner it can investigate the crash and preserve key evidence. If you do not report your collision within a reasonable amount of time, your insurer may have grounds to deny coverage. The insurance company will investigate the car accident by analyzing evidence such as: Car Accident Liability
  • Photographs and videos
  • Surveillance footage
  • A copy of the police report
  • Signed witness statements
  • A driver’s cell phone records
  • Crash reconstruction diagrams
  • Medical records
  • Testimony from experts
The insurance company will hire someone known as an insurance claims adjuster to handle claim evaluation. The claims adjuster may call you soon after your crash to ask what happened. It is important to tell the truth during conversations with the claims adjuster. However, it is also imperative to keep your answers short and do not offer any information unless requested. Do not admit fault for the car accident and do not accept a settlement until you have spoken to an attorney.

Application of the State’s Fault Law

At the end of a car accident investigation, the insurance company will implement the state’s fault law to determine liability for crash-related damages. Texas is part of the majority as a fault-based car insurance state. Under this law, the person or party at fault for causing the collision will be legally responsible for economic damages. In Texas, the driver who caused the crash will have to pay for victims’ medical bills and property repairs using his or her insurance coverage. In a no-fault state, on the other hand, all injured parties will file claims with their own insurance providers, regardless of who caused the car accident. In this way, the insurance law in the state where the car accident took place will determine liability for related losses.

4 Elements of Proof

Before you can receive financial compensation for a car accident from another driver’s insurance company in Texas, you or your car accident lawyer has to prove fault. This is how Texas’s fault-based insurance system works. As the injured victim, it is your responsibility to prove that the other driver carelessly or recklessly caused your crash. Proving liability requires clear and convincing evidence that four main elements are more than 50 percent likely to be true:
  1. The defendant owed you a duty to exercise reasonable care.
  2. The defendant breached his or her duty of care to you (the defendant was negligent).
  3. The defendant’s breach of duty is what caused the car accident.
  4. You suffered compensable losses in the car accident.
In general, it is enough to achieve a car accident settlement by proving these four elements to an insurance company. In some cases, however, an attorney has to present evidence and witnesses at court before a judge and jury for a judgment award that adequately reimburses a victim for his or her losses.

How a Car Accident Lawyer Can Help

If you were recently injured in a car accident in San Antonio, do not hesitate to contact a plaintiff’s attorney for a free consultation about your rights. An attorney can help you with each phase of the recovery process, including determining and proving liability for your car accident. At the Law Firm of Aaron A. Herbert, P.C., we can use our experience, resources and personnel to investigate your collision and help you determine liability. Contact us today.
Posted by Aaron Herbert at 11:32 am

What are Common Problems Survivors of Catastrophic Accidents Experience?

Friday, April 22, 2022
Negligence is a common factor that contributes to catastrophic accidents – whether a person drove while using a cell phone, drank on the job, or failed to maintain his or her property. When this happens, the party who caused the damage can be taken to court and sued for outstanding expenses. However, Texas law also accounts for extenuating circumstances, such as loss of companionship or the inability to continue pursuing a career. The following is a brief overview of the common problems survivors of catastrophic accidents face. If you have more questions or concerns about an injury you have received, contact an experienced legal professional in your area for more information.
  • Long-term physical damage. Catastrophic accidents often lead to paralysis, loss of limbs, severe brain damage, and other complications. For example, internal injuries may require special equipment to keep a person alive or functioning.
  • Long-term recovery. Coupled with physical damage, these victims often must relearn motor skills, such as walking, balancing, or speaking. Additional equipment, such as walking apparatuses or speech assistance devices, is often required.
  • Ongoing medical bills. The initial emergency room bill and related surgeries are likely the steepest charges victims ever face. Sadly, that is just the beginning. Continuing doctor’s visits, physical therapists, and live-in care commonly follow catastrophic accidents – and these are not one-time payments.
  • Loss of consortium. The physical consequences of these actions are apparent, but they affect more than just the victim. A settlement should account for losing the intimate relationship you enjoyed with a spouse or the ability to interact with your child.
  • The inability to return to work. Devastating accidents often keep a person from returning to his or her line of work or pursuing a career goal. Athletes, for example, may never play sports professionally again. Courts account for these types of long-term damages, and it is important to work with an experienced attorney to ensure these areas are considered.
  • Home modifications. Hand controls, bathroom modifications, ramps, machines to facilitate access to a bed, and vehicle modifications may be required to return at least some independence to these victims’ lives.
  • Emotional and psychological consequences. Post-traumatic stress disorder is a frequent result of a debilitating accident. Depression, suicidal thoughts, and other mental and emotional consequences may accompany a catastrophe.

The Common Causes of Catastrophic Accidents

A person may encounter a variety of accidents, but most will not warrant a consultation with a lawyer. However, if you or a loved one is hurt in one of the following types of accidents, it is important to seek medical attention and schedule a consultation with a local law firm.
  • Trucking accidents. The trucking industry is tightly regulated, but thousands of fatal accidents still occur on our highways every year. Teamsters and the companies that employ them must diligently track their working hours, truck maintenance, miles traveled, and more. Overlooking or ignoring these details can lead to major damages.
  • Driving under the influence of drugs or alcohol is markedly dangerous. If you are involved with a drunk-driver collision, seek physical and legal help as soon as possible.
  • Workplace accidents. Many workers’ compensation claims are for minor aches and pains, but professional accidents can also be fatal. This is especially true for those in the construction, oil, and logging industries. If you’ve been injured it’s important to consult with a lawyer to see the potential of a fort worth construction injury lawsuit.

Partner with the Right Attorney in Texas to Protect Your Long-Term Care

Catastrophic cases are legally complex by their nature. Several negligent parties may be responsible, from a shift manager to his or her employer, a product manufacturer, or the distributer. This is further complicated when several insurers enter the mix. Victims of major accidents are routinely offered settlements, but failing to scrutinize the terms of these agreements can leave victims with expensive bills that accrue over their lifetime – which the person or organization responsible for the damages does not pay. Work with a San Antonio, Texas, attorney specializing in personal injury law for more information. The team at Aaron Herbert is ready to represent your claim, so
contact us for a consultation. We get to the bottom of who is at fault for harming our clients, and we tirelessly explore the full extent of how catastrophic accidents affect these victims over the course of their lives.
Posted by Aaron Herbert at 10:50 pm

San Antonino Crosswalk Accident Lawyer

Wednesday, April 20, 2022
While crosswalks aren’t taken seriously in a lot of cities, in San Antonino area we do take them seriously – but in the wrong way. Many of the crosswalks in San Antonino are nearly invisible to drivers and pedestrians, whether due to design or due to lack of maintenance. The brown/gray brick patterns on black asphalt just doesn’t cut it for pedestrian safety. And even when a more visible pattern is used, many cities in North Texas do not spend the resources to re-paint the crosswalk patterns until the paint is severely faded. In the end, a lot of money is spent on the design and upkeep of our crosswalks in San Antonino and surrounding cities, yet no significant changes in design have been made in the last twenty years to make intersection crossings more visible. San Antonino Crosswalk Accident Lawyer 21While many people complain that San Antonino is not pedestrian walkable because of sprawl and suburban style urban design with little sidewalk connection between areas, this is only part of the problem. The cities in north Texas need to start valuing neighborhoods which are already walkable by supporting pedestrian comfort and safe with better crosswalk design. A better design currently exists for crosswalks that has been proven a safer alternative to designs used in San Antonino. San Antonino should install install continental crosswalks throughout the city.  The “continental” uses two-foot-widestripes which are more visible to approaching drivers. Paired with a limit (stop) line set back five feet from the crosswalk, continental markings better delineate pedestrian space and discourage vehicles entering the crosswalk. Additionally, cities in North Texas have slowly started replacing signal lights at crosswalks with “countdown” lights for pedestrians. These signal lights show a countdown timer while the pedestrian “walk” figure is displayed so that that pedestrians crossing the street know exactly when they must be out of the roadway.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include: In the unfortunate event of an San Antonino crosswalk accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonino or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury San Antonino crosswalk accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 7:30 pm

How to Deal With Head Injuries After a Car Accident

Tuesday, April 12, 2022
One of the most common types of injuries suffered in auto accidents in San Antonio is a head injury. Head injuries, such as skull fractures or contusions, can lead to brain trauma. A traumatic brain injury, or TBI, can cause significant symptoms that impact the victim for life. It is critical to know how to correctly deal with a head injury after a car accident in San Antonio for your own physical wellbeing, as well as to strengthen a legal claim to damages.

See a Doctor Immediately

Brain injuries are incredibly serious and require immediate medical care. There is no such thing as a minor head injury. Any bump, jolt or blow to the head deserves professional medical attention right away. It is especially important to go to a hospital after a car accident in San Antonio if you experience any of the following symptoms, which could point to a traumatic brain injury:
  • Headaches
  • Dizziness
  • Nausea or vomiting
  • Disorientation or confusion
  • Issues with memory or recollection
  • Trouble sleeping
  • Mood swings
  • Seizures
  • Any loss of consciousness
With these symptoms, you could have a brain injury from your car accident. Common types of brain injuries include concussion, diffuse axonal brain injury, hematoma, edema and hemorrhage. These are all serious traumatic brain injuries that can occur in an auto accident and inflict life-changing symptoms. Prompt medical care can help you relieve the symptoms associated with a brain injury, and may save your life.

Follow Your Doctor’s Treatment Recommendations

If you are diagnosed with head trauma or a brain injury after a car accident, a doctor will give you a personalized treatment plan. Your treatment plan may involve bed rest and avoiding potentially dangerous activities that could give you a second head injury, such as sports. A second brain injury too close to the first can lead to a more serious injury and related symptoms. Other head trauma treatments may include medications, physical therapy and rehabilitation. The most serious brain injuries can also require neurosurgery to repair parts of the brain or prevent further brain damage from swelling. Follow your doctor’s treatment plan exactly for the best prognosis for recovery.

Attend Follow-Up Appointments

Do not miss any follow-up appointments with your doctor or a brain injury specialist. These appointments can be critical for your recovery. Skipping appointments can show an insurance company that you are not doing your part to mitigate your losses connected to the head injury. This can result in the rejection of your insurance claim or a reduction of case value.

Document Your Medical Care

Document all of your medical care in the aftermath of a car accident. Careful and accurate documentation and recordkeeping can help you build a stronger car accident injury claim. Ask for copies of your relevant medical records and bills after receiving treatment for a head injury. If your brain injury made you miss work, document your lost wages, as well.

Keep an Injury Journal

It is also important to document the personal side of your brain injury case. Head trauma and brain damage are catastrophic because they can alter a victim’s quality of life. They can cause behavioral, cognitive and emotional changes, as well as mental health conditions such as depression and anxiety. Keep a record of everything you are feeling and experiencing as you heal from your head injury. An injury journal can help you demonstrate how the injury impacted your life to a judge or jury.

File a Car Accident Lawsuit With Help From an Attorney

If you believe someone else is responsible for causing your car accident in San Antonio, contact a car accident attorney to help you file a lawsuit. Filing a claim against a careless driver or another party could result in financial compensation for the losses associated with your head injury, including medical bills and lost wages. Learn more about your legal rights and filing a car accident lawsuit by consulting with an attorney today.
Posted by Aaron Herbert at 1:23 pm

How Insurance Companies Investigate Car Accidents

Monday, April 4, 2022
After you get into a car accident in San Antonio and file an insurance claim, you will need to go through the insurance company’s investigation process before you can obtain a financial settlement. Certain things about how insurance companies investigate car accidents are important to know as a claimant, as they can prevent the insurance carrier from taking advantage of you.

The Company Assigns an Insurance Claims Adjuster to Your Case

First, the insurance company will assign a professional known as an insurance claims adjuster to your case. Most insurance companies also hire insurance investigators to evaluate a claim for signs of fraud. The insurance claims adjuster is the person in charge of reviewing your claim, investigating the car accident and making a recommendation to the insurance company.

The Adjuster Calls You for Details

An insurance adjuster will investigate a car accident case in many different ways. First, he or she will obtain a brief summary of the accident from those involved. Expect a phone call from an insurance adjuster as soon as the day of the accident, or in the days following. The insurance adjuster will ask you questions about your accident, such as:
  • Your police report number
  • The time and date of the crash
  • The exact location of the collision
  • How many other vehicles and drivers were involved
  • The other driver’s contact and insurance information
  • A description of your property damage
  • A description of your injuries
  • Why you believe the accident occurred
You do not have to have answers to all of these questions. Remain honest and do not speculate about anything. If you don’t have an answer or don’t understand a question, say so. Be aware that the claims adjuster does not want what is best for you; his or her main goal is to save the insurance company money. Do not admit fault to a claims adjuster and do not agree to provide a recorded statement. This is a tactic often used to twist your own words against you.

The Adjuster Investigates the Car Accident

After calling you and others involved in the auto accident, the insurance adjuster will conduct a full investigation of the crash. The insurance adjuster, along with the investigator, will look for evidence or information to piece together how the car accident occurred. Evidence may include:
  • Information from those involved
  • Statements from eyewitnesses
  • Images or photographs of the damaged vehicles and accident scene
  • Information from a police report
  • Medical bills
  • Physical evidence, such as damaged property
  • Cell phone records
Preparing all of the information and evidence you have about your car accident ahead of time can help an insurance company investigate your case in a timely manner. Insurance companies in Texas have no more than 15 days to investigate a claim, although this can extend to 45 days with a valid reason.

The Insurance Company Looks for Ways to Save Money

Throughout your car accident claim, an insurance company may try several tactics to save money by reducing or denying a payout. The insurer may deny its policyholder’s fault for your car accident, for example, or try to blame your medical bills on a pre-existing condition. Be careful during conversations with a claims adjuster or insurance investigator. If you do not feel comfortable speaking to an adjuster yourself, you have the right to hire an attorney to negotiate for you. An attorney can help you detect insurance bad-faith and protect your claim.

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

Upon concluding the investigation of your San Antonio car accident, an insurance claims adjuster will make a recommendation to the insurance carrier to either accept or reject benefits. At this stage, if a car accident attorney is representing you, your attorney can negotiate the settlement offered for an amount that is adequate for your injuries and losses. If a settlement is not possible, your attorney can help you go to trial instead. Learn more about the insurance investigation process, and protect your rights as a claimant, by hiring a car accident lawyer in San Antonio from the beginning of your case.
Posted by Aaron Herbert at 5:26 pm

What Are the Deadliest Distractions in Your Car?

Monday, March 28, 2022
A daily commute can be a tedious, boring part of the day, especially when stuck in bumper-to-bumper San Antonio traffic. Many drivers turn to devices to make their commutes more enjoyable, scrolling through social media on smartphones or grabbing a bite to eat on the go. Unfortunately, any activity that diverts a driver’s attention away from the road can be deadly. In the event of serious injury or death it’s critical to work with a San Antonio Wrongful Death Attorney to fully understand your rights and get the maximum compensation for you rlossses. In 2014, distracted driving killed 3,179 people and injured 431,000 more in the United States. Distracted drivers are unable to react to changes in roadway conditions or hazards in time to avoid collisions. The best way to put an end to distracted driving is to understand what activities are dangerous behind the wheel. Avoid becoming a statistic by avoiding these 10 most deadly car ride distractions.

Lost in Thought

The most deadly distraction in your car is getting lost in thought. Driving can be a soothing, therapeutic task that causes some drivers to detach from reality. Driving in a haze, daydreaming, or in autopilot can slow your reaction time and increase your odds of crashing. According to a report by Erie Insurance, 62% of distracted drivers involved in fatal crashes were lost in thought.

Cell Phone Use

Surprisingly, cell phones do not come in at the top of the list of deadly distractions. They account for about 12% of fatal distracted driving accidents. Thirteen states ban the use of cell phones behind the wheel for all drivers, while 37 (Texas included) ban them for teen drivers only. Texting, talking, dialing, listening, and accessing the Internet on a mobile device while driving cause thousands of car accidents every year.


Staring at outside events, such as a car accident, leads to about 7% of accidents. Drivers take their eyes away from the road for extended periods of time to look at an event, object, or person, and crash into the back of the vehicle in front of them. Drivers should always keep their eyes on the road ahead.


Other occupants in vehicles can cause an accident by distracting the driver or moving the driver’s hands or feet, such as jerking the wheel away as a joke. Bad company in your car can easily lead to an accident from occupants talking too loudly, making conversation that upsets you emotionally, or physically making you crash.

Reaching for Objects

Drivers who try to reach for objects in their vehicles, such as napkins from the glove box, headphones, or navigational devices account for 2% of all distracted driving crashes. Drivers are especially at risk of reaching for devices they bring into their vehicles.

Eating and Drinking

Eating and drinking while driving is one of the most common mistakes drivers make. Many drivers are in the habit of eating breakfast or sipping coffee on morning commutes, or taking lunch breaks on the go in their vehicles. Saving a few extra minutes isn’t worth the risk of a major traffic accident.

Changing Vehicle Controls

Fiddling with the devices or controls in your vehicle can take your eyes away from the road just long enough to cause an accident. Changing the radio station, air conditioning, repositioning your mirrors, moving your seat, or using a GPS navigation system while driving can be fatal distractions.

Moving Objects

Moving objects in the car can cause a distraction or lead to an object impeding the driver’s ability to control the vehicle. Moving objects may include pets or insects inside the car that take a driver’s eyes, hands, or attention away from the road.


Activities relating to lighting cigarettes or other items, as well as ashing a cigarette in a car ashtray, can cause a distracted driving accident. Lighting a cigarette takes a driver’s eyes and hands away from the driving task, leaving him or her prone to crashes.
Posted by Aaron Herbert at 11:21 pm

How to Report a Car Accident

Tuesday, March 15, 2022
If you get involved in a car accident in San Antonio, Texas, there are steps you must take to fulfill your legal responsibilities as a driver. There are also steps you should take to protect your physical health and legal rights, such as reporting the car accident. If you need assistance with crash reporting, consult with a San Antonio car accident attorney.

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

Failing to stop at the scene of an accident and call the police, if legally required, is the crime of a hit-and-run in Texas. Texas law requires a driver to report an accident to the police if it causes physical injury or death suit to one or more people, or property damage that appears to be valued at $1,000 or more to any one person’s property. If your car accident meets this definition, you lawfully must call 911 as soon as possible – usually from the scene of the crash.

Contact Your Auto Insurance Carrier

You must report a car accident to your auto insurance company. Your car insurance company needs to know about any collisions that involve your vehicle. Most car insurance companies require reporting as soon as possible, or within 72 hours of the wreck. You can also call the other driver’s insurance company to report the accident if you believe he or she caused the crash. When speaking to an insurance company, be careful what you say. The insurer will look for ways to reduce or reject coverage for your auto accident. Do not admit fault for the crash, do not sign anything and do not agree to give a recorded statement. Always tell the truth when answering questions from an insurance company. Keep your answers short and simple and do not offer any information that is not specifically requested.

Report the Accident to the TxDOT

Texas Revised Statute Section 550.062 states that if a law enforcement officer investigates a motor vehicle accident that causes injury, death or at least $1,000 in property damage, the officer must make a written report of the collision. The officer must submit this report to the police department and the Texas Department of Transportation (TxDOT) no later than 10 days after the car accident. If the police officer does not make an accident report, it becomes your responsibility to report the crash to the TxDOT within 10 days. The TxDOT needs to know about all auto accidents in Texas – even minor ones – to maintain accurate crash records. You must fill out the appropriate forms and submit them online or print them out and mail them to the TxDOT. You can also visit the closest TxDOT office near you to report your collision in person.

Get a Copy of Your Police Report in San Antonio

It is important to report your car accident in San Antonio for many reasons. One is to officially document the car accident so you can use the crash report as evidence in your car accident claim later. An auto insurance company will ask for your police report number as one of the first steps in investigating your claim. Try to write this number down before you leave the scene of your car accident. Once you have gone to a hospital for your injuries and made your initial crash report, request a copy of your police report for your records. This report should become available within 10 days of your accident. Car accident reports are only available to those involved in the wreck. You can contact the San Antonio Police Department to request a copy of your report. You can also request a copy of the police report submitted to the TxDOT through the department’s website. If you need assistance reporting a car accident in San Antonio or obtaining copies of your accident reports, contact a lawyer near you.
Posted by Aaron Herbert at 5:57 pm

What Are the Common Causes of Truck Accidents?

Tuesday, January 4, 2022
Trucking can be a fun career, but it can also be a dangerous one. Large trucks will do more damage if their drivers make a mistake, and the industry often makes headlines for teamsters who drive sleepy or otherwise impaired. While some common causes of these incidents involve smaller vehicle recklessness, the actions of truck drivers often play a role, too. Here are some of the most common causes of truck accidents to understand and watch for:
  • Driver error. Humans make mistakes, and when your job involves driving on the roads for hours at a time, the likelihood of making a mistake increases. However, professional companies train drivers to understand and avoid the common causes of driver error accidents. Companies often eliminate some of them, for example, by restricting cell phone use on the road and taking other measures to lower the risk of distracted driving accidents.
  • Equipment failure. Drivers need to carefully and regularly maintain trucks that spend day in and day out on the roadways. Professional drivers are responsible for running through checklists before and after they get on the road each day. Faulty parts and improperly maintained equipment are common causes of many accidents. Tire blowouts and other debris flying out from a truck can have deadly consequences for vehicles following behind.
  • Lack of sleep. Like airline pilots, truckers are expected to maintain strict schedules to move their cargo. While federal and state regulations have reduced the amount of time a driver can travel on the roads continuously, some still experience a lack of sleep from tight schedules. Driving while tired is a form of impairment that can cause accidents just as easily as driving while intoxicated. Some research has even suggested that driving while tired is more dangerous than driving under the influence.
  • Bad weather. Once again, those tight deadlines can present problems for truck drivers. If they continue to drive in dangerous conditions, they may face reduced visibility and traction and truck instability – all of which can contribute to a dangerous accident. Since large trucks take significantly longer to come to a stop than regular vehicles, truckers must drive carefully in inclement weather to avoid causing a multi-vehicle accident or sliding off a bridge/road.
  • Poor loading. Semi trucks need balance to navigate the roadways properly. If a load is improperly distributed in the trailer, it can cause fishtailing and turnover accidents on the roadways. Every truck needs to follow a certain loading standard developed specifically to minimize imbalances in the trailer.
  • Drugs and alcohol. You’ll notice that drugs and alcohol are pretty far down on the list. Professional truckers who work for large companies have to follow strict guidelines regarding drugs and alcohol. Some are regularly tested, and many companies have a zero tolerance policy. A trucker who gets caught drinking once may find him or herself out of a job and without a good referral or recommendation to go to a different company.
The size of trucks can make small errors turn into deadly accidents. Technology is helping trucking companies overcome some of the common causes of accidents with advanced systems and enforcement requirements, but we’re still a long way from foolproof safety measures. In the meantime, give trucks plenty of extra space on the roadways to avoid the consequences of their mistakes.

Contact Our Truck Accident Attorneys

If you’re involved in a trucking accident in or around San Antonio, The Law Firm of Aaron A. Herbert can help you hold negligent drivers responsible for their actions. When teamsters fail to operate their large equipment in a reasonably safe manner, you can hold them and their companies liable for the damage caused. Contact our truck accident lawyers today for a free case evaluation.
Posted by Aaron Herbert at 12:01 am

What to Do After a Car Accident in San Antonio Texas

Tuesday, December 7, 2021

The Odds are you will be involved in a collision.

The odds are driving in the San Antonio areayou will be involved in a car accident at some point in your life. In the state of Texas every year approximately 3,000 people are killed and 80,000 people injured in motor vehicle collisions. Whether you are involved in a relatively minor fender-bender or a serious collision, the crash will likely have a serious impact on your life and the life of your loved ones from that moment on. If your asking yourself what to do after a car accident in San Antonio Texas, the information below can mean the difference between a fair and just recover, or no recover at all.

What you do after the crash is very important.

When you have been involved in a car accident, you need to protect both your physical health and your legal rights and options with regard to the accident. If you have been injured in a car accident in Texas you are likely entitled to compensation for your injuries if another party was at fault in the accident. Board Certified Personal Injury Attorney Aaron A. Herbert has been helping car accident victims and their families in the San Antonio area and surrounding communities for over a decade.

Steps to Take After a Texas Car Accident

In an effort to ensure that car accident victims do not make an important mistake after an accident, we suggest taking the following steps immediately  after being involved in a collision:
  • Call 911: Even if you think you were not injured and the damage was minimal, call the police. If for no other reason, you should call the police so that an official accident report is filed.
  • Do not admit fault: Never admit to anyone at the scene of the accident that you were at fault, even if you think you were. This includes the other drivers, the police or even a bystander. In the initial aftermath, you are likely not aware of all of the factors that played into the accident.
  • Driver Information: If you are able, get contact information for the other drivers. Ask for a name, address and telephone number. Also ask to see a driver’s license and insurance card. Be sure to take down the license plate number of the vehicles as well.
  • Get witness information: If you are capable of doing so, get contact information for any witnesses to the accident. It can be very difficult to track down bystanders later if there is no contact information, and independent eyewitness testimony can be crucial.
  • Gather physical evidence: If there is any physical evidence that might have been the cause of the accident, try and gather it while you are there. For example, if a blown tire in the roadway caused you to swerve, point it out to the authorities or pick it up and take it with you if you are able.
  • Take pictures: Carrying a camera in your vehicle is always a good idea, although not always practical. Cell phones will usually do for taking photos of the scene if you are able to do so. Along with photos of the vehicles, take pictures of the surrounding area and any physical evidence that you are not able to pick up and take with you.
  • Remove your belongings: Remember to remove your personal belongings from your vehicle if it is towed from the scene. Ask a paramedic to remove them if you are not able to do so yourself.
  • Go to the hospital: Always accept the offer to be transported to the hospital. A car accident can cause serious internal injuries that you may not realize and that can only be identified by a physician. Along with protecting your own health, having a medical examination done immediately after the accident also helps from a legal standpoint. Your attorney will have to prove that any injuries you sustained were a result of the accident. The longer you wait to seek medical treatment, the harder it is to prove that your injuries were sustained in the crash.
  • Get follow-up care: Make sure to follow-up with any recommendations made as a result of your medical examination. Again, this protects both your health and your chances of receiving compensation for your injuries.
  • Summarize the accident: Shortly after the accident, sit down and write out a brief summary of the accident so that key details are not forgotten. When you are able to, return to the scene of the accident and take additional pictures or ask nearby neighbors or businesses if they witnessed the accident.
  • Report accident to your insurance company: Call your insurance company and report the accident as soon as possible. Not doing so could jeopardize your right to coverage. However, do not give a written or recorded statement, even to your own insurance company, without talking to a car accident lawyer in San Antonio first.
  • Do not give a statement: Once you have legal representation, the defendant’s insurance company will have to communicate with your attorney. Before that time, make sure that you do not give a statement of any kind to the other driver’s insurance company or to anyone else.
  • Start a recovery journal: A car accident often results in injuries that are more subjective in nature, such as pain and suffering. In order to make a stronger case for compensating these injuries, you should begin a recovery journal. Make a note each day after the accident about the pain you are in, your inability to work and the emotional impact the accident had on you that day. This can be an invaluable tool when it comes time to negotiate a settlement or when your case is presented to a jury.
  • Get Repair estimates: Obtain at least three estimates for any repairs that will need to be done to your vehicle as a result of the accident. Make sure to get a written copy of each estimate.
  • Contact an attorney: Obtain legal representation as soon as possible after the accident. Important evidence and witnesses could be lost if you wait too long to obtain representation. In addition, your attorney will handle all communications with the defendant and any insurance companies involved in the accident. If you or a loved one has been in a car crash caused by another driver, our Texas car accident attorneys can help you recover the compensation you deserve. We hold careless drivers – and their insurance companies – accountable. To learn more, call us toll free at (210) 435-7968 or click HERE to use our online form. We can provide a free case evaluation and answer your questions. There is absolutely no fee unless we recover for you.
Posted by Aaron Herbert at 5:42 am

What Happens If I’m Driving Without a License in Texas?

Tuesday, October 19, 2021
Anyone who operates a motor vehicle in the State of Texas must have a valid driver’s license. A license is proof of the legal authorization to operate a motor vehicle. Driving without a license in Texas is a misdemeanor that can come with serious penalties – especially if you cause an accident as an unlicensed driver.

Consequences for Driving Without a License in Texas

Driving without a license is a crime in Texas. This means you could face a criminal conviction, an arrest and even jail time. Under state law, your driver’s license must be legally authorized, valid, up-to-date and the correct class for the vehicle you drive. If you operate a commercial truck, for instance, you need a Class C license. Operating a car without a driver’s license in Texas can lead to:
  • Impoundment of your motor vehicle.
  • A ticket for committing a moving violation.
  • A fine of around $200 for a first offense and more for a second offense.
  • A fine of $500 and up to six months in jail for a third offense.
  • An arrest and jail time for a misdemeanor crime.
  • A permanent conviction on your criminal record.
If you were driving with an expired driver’s license, the penalty is a fine of up to $200, plus a $100 surcharge for three years. You can avoid this fine, however, if you get your driver’s license renewed, pay a $20 fee and bring proof of the renewal to the courthouse. If you fail to follow up with renewal and miss your scheduled court date, however, you could face a class C misdemeanor on top of the traffic infraction. If you were driving on a suspended or revoked license, the penalties can be even steeper. This is called Driving While License Invalid in Texas (Texas Transportation Code 521.457). It is a class C misdemeanor that can come with consequences such as a second suspension of your license, a fine of up to $500 and a surcharge of $250 for the next three years. These penalties can increase for a second or subsequent offense, up to six months in jail and $2,000 in fines.

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

You can face life-changing penalties for causing an automobile accident while driving without a license. You may get arrested for this offense, as it is a class A misdemeanor. The penalties for this crime include up to a year in jail and/or a fine of up to $4,000. If you cause a car accident that results in injuries or wrongful death to another person while driving on a suspended or revoked license, it is also a class A misdemeanor. You will face civil liability for causing a car accident while unlicensed as well. Civil liability means financial responsibility for the injuries and losses suffered in the car accident. Your auto insurance provider will be responsible for covering the medical bills and property repairs of all injured victims. If you were also driving without auto insurance, these expenses may become your responsibility to pay out of pocket.

What Is Negligent Entrustment?

If someone negligently entrusted his or her vehicle to you while knowing you were unlicensed, that person could bear a portion of liability for a car accident. For example, it is against the law for a parent to knowingly allow a child who is unlicensed to operate a motor vehicle. If you get into a car accident in this scenario, the person who negligently let you drive may have to pay some or all of the financial damages through his or her auto insurance provider. This could lead to an increase in that party’s insurance premiums.

What to Do After an Accident While Unlicensed

Stop your vehicle at the scene of the car accident whether or not you were driving with a valid license. Fleeing the scene can result in much more severe penalties than driving without a license. Then, contact a lawyer for assistance. A San Antonio, Texas car accident lawyer can help you understand your options and rights after a collision while driving without a license.
Posted by Aaron Herbert at 6:01 pm

The Basics of Statutes of Limitations in San Antonio Car Accident Claims

Friday, September 24, 2021
If you get injured in a car accident in Texas, it is vital that you file an injury claim before the state’s statute of limitations. This is a strict time limit that all injury claimants must obey. With only a few exceptions, if you miss your statute of limitations, the courts will dismiss your case. Discuss your exact time limit to file with a San Antonio car accident lawyer today.

What Are Statutes of Limitations?

Statutes of limitations are legally enforced deadlines that require injured accident victims (plaintiffs) to file their causes of actions by a certain date. The purpose of the statute of limitations is to encourage prompt and timely filing. This can ensure important evidence is still available, such as accurate statements from eyewitnesses. Statutes of limitations also keep the justice system fair by preventing plaintiffs from holding the possibility of a lawsuit over defendants’ heads indefinitely.

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

Texas Civil Practice and Remedies Code Section 16.003 is Texas’ statute of limitations on personal injury and property damage claims. This statute states that with only a few exceptions, a person must bring a lawsuit for an injury or property damage no later than two years after the date of the accident. The two-year deadline applies to most car accident cases in Texas and San Antonio, including crashes that cause catastrophic injuries. Failing to file the paperwork to bring a lawsuit within two years of a car accident may bar you from financial recovery.

Exceptions to the Rule

It is important to note that the statute of limitations in Texas has some exceptions to the general two-year deadline. Always speak to a car accident lawyer before assuming you have missed your deadline and forfeited the right to file. A lawyer may be able to identify an exception that gives you additional time to file. You may also have less than two years to file, however, depending on your type of case. Exceptions to Texas’ statute of limitations include:
  • The discovery exception. The discovery rule tolls, or extends, the statute of limitations if the victim discovers his or her injury on a date later than that of the accident. The clock won’t start ticking in these cases until the date the victim discovered or reasonably should have discovered the injury.
  • Wrongful death claims. If you are filing a lawsuit for the wrongful death of a loved one in a car accident, you have two years from the date of his or her death, rather than the date of the collision.
  • Claims involving criminal charges. If your car accident case involves hit-and-run, driving under the influence, or another crime, the courts may toll your deadline until the completion of the criminal case against the defendant.
  • Claims against the government. In Texas, you must file a claim against a local or state government within just six months of the car accident.
  • Claims involving minors. If your car accident case involves injury to a minor, the minor generally has two years from his or her 18th birthday to file a lawsuit. If you wish to file a claim on behalf of your minor child, however, you have two years from the date of the accident.
There are many confusing rules related to Texas’ statutes of limitations, and state laws are constantly changing. It is critical to talk to a lawyer about your statute of limitations to understand how long you have to file a car accident lawsuit.

When Should You File Your Car Accident Case?

If you miss your filing deadline, you risk giving up the right to hold one or more parties financially responsible for your recent car accident in San Antonio, Texas. The best way to protect your right to recover is by filing a car accident case as soon as possible. Contact an attorney immediately after getting into a car crash in Texas for help filing by the deadline.
Posted by Aaron Herbert at 1:13 pm

What Is the Texas Dram Shop Law?

Sunday, September 12, 2021
When one person injures another, the injured party may seek compensation for his or her injuries and associated expenses by filing a personal injury lawsuit against the person who injured him or her. In some situations, a third-party may share some of the blame. This third-party may not have directly contributed to the injury-causing incident, but his or her involvement enabled the defendant (the person being sued) to commit the action. One of the most prevalent examples of this situation would be a bar or other establishment that serves alcohol to an obviously intoxicated patron. In Texas, the laws meant to prevent such incidents are known as dram shop laws.

How Do Dram Shop Claims Work?

Any establishment or “social host” that provides alcohol to guests may be held responsible for any injuries that those guests cause to others after they leave the premises. Additionally, liquor stores and other alcohol vendors can be held responsible for damages in some cases, including any instance of alcohol being sold or given to anyone under the age of 18 or any instance of providing alcohol to an obviously intoxicated person. A “social host” describes any individual who knowingly supplies alcohol to individuals under the age of 18. This does not apply to parents – a parent cannot be held accountable as a social host if his or her child injures another person due to intoxication. Under Texas laws, social hosts include any adult who is not a parent, legal guardian, or spouse of the minor under 18. Social host laws also apply to individuals who knowingly serve alcohol to minors under 18 or permit alcohol consumption by minors under 18 on his or her property.


As with any other personal injury case, a personal injury lawsuit involving dram shop laws can provide the injured party with various forms of compensation, including:
  • Medical expenses. Compensation for medical costs can include emergency response services and care, hospital bills, the costs of any necessary subsequent treatments (such as physical therapy or reconstructive surgeries), prescription costs, and any other medical expenses resulting from the incident.
  • Pain and suffering. The plaintiff’s attorney will consult with medical professionals who will act as expert witnesses. Expert witnesses have no personal involvement in a case, but instead, provide their expertise to the court to help a jury determine how an injury affected the plaintiff. Although it sounds difficult to quantify physical pain and emotional trauma with a dollar figure, expert witness testimony allows a court to determine a reasonable amount of compensation.
  • Lost income. If an injury prevents the plaintiff from returning to work for an extended period, he or she can claim lost wages as compensation. If an incident results in a permanent disability that prevents the plaintiff from resuming his or her job permanently, he or she can sue for the income that he or she would have reasonably expected to earn in the future.
  • Property damage. This includes damage to a vehicle or destroyed personal belongings.
Cases involving dram shop laws often involve extensive investigation, such as interviewing patrons and staff of the establishment who saw the intoxicated individual, security footage from the establishment, and consultations with expert witnesses. An attorney is crucial for successfully navigating any personal injury case and any case involving Texas dram shop laws – which will likely be complex. The individual directly responsible for the incident and the establishment that served alcohol to the individual can both be held accountable for the incident. For example, if you were struck by a drunk driver and injured, you can sue the driver for compensation for the damages listed above. Additionally, if that driver just left a bar that continued to serve him or her alcohol after he or she was visibly drunk, the bar can also be held accountable for contributing to the incident. If you’ve been involved in a drunk driving accident in fort worth or any other city in Texas, contact us for a free case evaluation.
Posted by Aaron Herbert at 5:27 pm

Five Reasons to Hire Our San Antonio Car Accident Lawyers

Friday, September 10, 2021

Five reasons to hire a Board Certified San Antonio car accident lawyer

Texas car wreck cases involve greedy billion-dollar insurance companies

If you’ve been injured in an auto accident in San Antonio or the surrounding area, the stress that comes from dealing with a traumatic injury and worry over damage to your vehicle can be overwhelming.  The last thing you should do is talk to the trained representatives of a billion-dollar insurance company before seeking legal advice. Insurance companies have spent millions of dollars developing strategies to lead car wreck victims into diminishing the value of their claims. Seek a free consultation with our experienced San Antonio car accident lawyers to help you preserve your rights and fight for the compensation you are entitled to get under Texas law.

Auto accident claims should be handled right from the start by Board Certified San Antonio car accident lawyers

If you were not at fault for the collision, there is no reason to speak with the insurance company. Your attorney will handle all contact with the insurance company and insurance adjusters, so that you can focus on your recovery. There are so many variables involved in car accidents that affect the outcome, and the best way to handle each case depends on the individual circumstances.  It is essential to seek advice from our car accident lawyers in San Antonio, who have a broad range of experience with many types of accidents and injuries to make sure your rights are protected and you are fully compensated for all of the injuries you sustained. Attorney Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and has handled thousands of car accident injury claims.

Motor vehicle collision cases involve complicated legal hurdles requiring experienced legal advice

It is critical that your car wreck claim is handled right from the beginning to end. Some injured individuals are tempted to handle car wreck claims on their own, unaware of critical procedural and filing requirements. If deadlines are missed or your injuries are not properly documented, the value of your claim will suffer. Even worse, the risk involved in signing forms provided by the insurance company or giving recorded statements to insurance adjusters are grave.  A car accident lawyer from the Law Firm of Aaron A. Herbert can help you understand the legal issues surrounding your auto accident.

Investigation into the cause of the collision must start right away

The causes and circumstances of a car accident can affect what damages you can recover. The more time passes from the date of a car crash, the more difficult it will be to obtain crucial evidence. Over time, some evidence could be lost completely. When you hire Attorney Aaron A. Herbert for your car wreck claim, our dedicated team of San Antonio car accident lawyers and investigators immediately begin gathering information and evidence.  We quickly contact witnesses for statements, take photographs of vehicles before repairs begin or the vehicle is sold for salvage. If the police were involved in investigating the collision, our firm will file an “open records request” seeking squad car video and other evidence obtained by the police. Our firm uses cutting edge technology and discovery tools to investigate, discover, document and preserve every possible fact about your case in order to obtain the compensation you deserve.

Medical treatment is expensive and failure to document your injuries will hurt your recovery

To further complicate matters, the injuries sustained depend heavily on the circumstances of each individual car accident. Most Texans injured due to negligent drivers expect the insurance company will pay for medical treatment right away. In fact, when calling to set up a claim most car insurance companies will tell the injury person “we can’t help you with that until we get a statement”. Don’t be fooled by this tactic! The insurance company will not help you with medical treatment and the bodily injury adjuster will simply tell you they “are still investigating the claim” even if you give them a statement. The insurance company hopes you wait days or even weeks before seeking medical treatment, in order to claim the delay in treatment proves you were not severely injured. Our San Antonio car accident lawyers fight this delay tactic by ensuring our clients are able to obtain the appropriate medical treatment. For example, even if you have no way to pay for medical treatment, we can assist in finding medical facilities and diagnostic testing to properly document injuries sustained in the collision. Injuries are not always apparent immediately after the auto accident and this is why it is vital to speak with our experienced San Antonio car accident lawyers right away.

No-fee, no-obligation legal consultation

Attorney Aaron A. Herbert offers all victims of accidents a no obligation, free legal consultation. Call now to speak with a seasoned, experienced car accident attorney for a review of your case at (210) 435-7968. You can also click HERE to tell us about your case, and Attorney Aaron Herbert will contact you to discuss your legal rights and how we will fight to protect them.
Posted by Aaron Herbert at 4:13 am

What Are the Most Dangerous Intersections in San Antonio?

Tuesday, August 24, 2021
Intersections are some of the most common locations for automobile, bicycle and pedestrian collisions. Intersections are inherently dangerous places where different types and directions of traffic cross paths. In 2019, the Texas Department of Transportation reported 15,843 serious injuries and 3,610 deaths in traffic accidents. Many of these collisions took place in some of Texas’ most dangerous intersections. Avoid San Antonio’s deadliest intersections to decrease your risk of getting into an auto accident. If a loved one died in a car accident case, contact our Wrongful Death Attorneys here in San Antonio

Top 10 Most Dangerous Intersections in San Antonio

According to a San Antonio Express News report, at least 25 intersections in the city consistently show a high number of collisions. This includes pedestrian collisions, which took 660 lives throughout Texas in 2019. Bexar County reports some of the highest numbers of intersection accidents in the state each year. According to the news report, the top 10 most dangerous intersections in San Antonio based on the number of collisions per year are:
  1. I-10 and Loop 1604
  2. Northwest Loop 410 and I-10
  3. S. 281 and I-35
  4. West Loop 1604 North and Highway 16
  5. Northeast Loop 410 and I-35
  6. North Loop 1604 East and I-35
  7. Alamo Ranch Parkway and Westwood Loop
  8. Northeast Loop 410 and Walzem Road
  9. Northwest Loop 410 and Wurzbach Road
  10. Northwest Loop 410 and San Pedro Avenue
Many different issues can make an intersection more dangerous than others. These include poor or unsafe roadway designs, lack of proper traffic signals or markings, confusing pedestrian crosswalks, an increased risk of speeding or drunk driving, a higher amount of pedestrian traffic, no designated left-turn lane, no left-turn signal, and congested traffic at peak hours.

How to Stay Safe at Dangerous Intersections

If possible, take an alternate route to avoid having to pass through the most dangerous intersections in San Antonio. If you must drive through these intersections, be proactive in keeping yourself safe – especially as a bicyclist or pedestrian, as you are at the greatest risk of suffering serious injuries in a collision. The most common causes of intersection accidents include:
  • Driver inattention
  • Not looking before turning or proceeding into the intersection
  • Turning with an obstructed view of the road
  • Running a red light
  • Making an illegal turn
  • Distracted driving
  • Misjudging the distance or speed of other vehicles
Never assume other drivers are paying attention or obeying roadway rules. Instead, drive defensively by assuming the opposite. Be aware of your surroundings while crossing through an intersection. Maintain a safe speed and prepare to hit the brakes at any given moment. Never drive, bike or walk while distracted. Stay vigilant, pay attention, obey traffic laws and yield the right-of-way to others when applicable.

What to Do If You Get Injured in an Intersection Accident

Some intersection accidents are not within your power to prevent. You cannot control the actions of other drivers. If you get into an intersection accident in San Antonio, Texas, stay calm and call the police to report the wreck. Do not admit fault for the collision while giving the police officer your side of the story. If the crash involves any injuries, request an ambulance. Collect evidence while still at the scene of the intersection accident, if it is safe to do so. Take photographs of the wrecked vehicles and other details at the scene, such as traffic signs and road markings. Go to a hospital in San Antonio immediately for professional medical care. Follow your doctor’s treatment plan and obtain copies of your medical records. Then, contact a car accident attorney for help. An attorney can help you go up against another driver in pursuit of financial compensation from his or her insurance company. Your lawyer will have experience handling intersection accident claims and can guide you through complicated legal processes. Contact a lawyer today for help with your claim.
Posted by Aaron Herbert at 1:09 pm

What Compensation Can I Recover for a No-Injury Car Accident?

Monday, May 31, 2021
In Texas, if another driver causes your car accident, his or her car insurance company will have to pay for your losses. This includes your medical bills, property repairs, pain and suffering, and lost wages from missed work. If you do not have any injuries from the collision, you could still be eligible for financial compensation for your other losses.

Vehicle Repairs or Replacement

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

Lost Wages

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

Pain and Suffering

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

Who Is Responsible?

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

How Much Is Your Case Worth?

Although the value of your car accident case will be reduced if you have no physical injuries, the law may still entitle you to financial compensation for the losses you did suffer. The value of your case will depend on factors such as the value of your vehicle, the extent of your damage, your income level, the number of days you had to take off of work and the car insurance that is available. For an accurate evaluation of the value of your car accident case, contact an attorney in San Antonio for a free consultation. An attorney will provide an in-depth evaluation to estimate the worth of your no-injury claim. Then, if your case would benefit from legal representation, a lawyer can help you fight for fair financial compensation from an insurance company.
Posted by at 1:28 pm

Most Common Back Injuries From Car Accidents in San Antonio

Friday, May 28, 2021
A car accident can have serious physical repercussions on the occupants of the vehicle. The mechanics of a car crash can injure vital parts of the body, such as the brain and spinal cord. A back or spine injury from a car accident can cause many symptoms that interfere with a victim’s quality of life. If you or a loved one suffers any type of back injury in a San Antonio car accident, consult with a spinal cord injury attorney for legal help.

Herniated or Slipped Disk

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

Facet Joint Injury

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


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

Chronic Pain

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

Spinal Fractures

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

Paralysis (Tetraplegia/Quadriplegia and Paraplegia)

Paralysis is the loss of feeling and function below the point of injury on a spinal cord. It is an irreversible condition with no known cure. There are different types of paralysis according to the parts of the body affected. Tetraplegia (also known as quadriplegia) refers to paralysis in all four limbs and the trunk, often caused by injuries to the top part of the spine. Paraplegia is paralysis in only the lower half of the body. These injuries can be complete or incomplete, depending on whether or not the victim retains any mobility or sensation below the point of injury.
Posted by at 1:25 pm

Determining Fault in a Rear-End Collision

Tuesday, May 25, 2021
A rear-end collision is a common type of car accident in San Antonio. It describes the front of one vehicle striking the rear-end of another vehicle. A rear-end collision can be a low-speed crash, such as in congested traffic, or a high-speed crash, such as in a distracted or drowsy driving accident. Although most people assume the rear driver is to blame for a rear-end collision, fault is not automatic. It may take an in-depth investigation to determine fault.

Typical Rear-End Collision

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

Brake Check Accident

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

Chain-Reaction Crash

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

How Can a Car Accident Attorney Help?

A car accident attorney will have experience handling many different types of rear-end collision cases in San Antonio. This will give the attorney knowledge and information about how and why these car accidents take place. An attorney will also have the resources to thoroughly investigate the crash and reconstruct it to determine fault. Finally, an attorney can help you prove another driver’s liability for a rear-end collision in San Antonio through evidence such as expert testimony and eyewitness statements. For more information about how a car accident lawyer can help you with a rear-end collision case, contact The Law Firm of Aaron A. Herbert today.
Posted by at 1:26 pm

Can I Make a Claim as a Passenger If I’m Injured in a Car Accident?

Wednesday, April 28, 2021
If you are riding in someone else’s car when he or she gets into an accident, you have the right to file a claim for financial compensation for your hospital bills and other expenses as a passenger. Since you were not the one driving, you will not have to dispute fault for the crash. One of the driver’s insurance providers will pay for your losses. You may also have the power to file a personal injury claim against the at-fault party in San Antonio, Texas.

Who Is Liable for Passenger Injuries?

Texas uses a tort-based insurance system to determine liability for car accidents. Liability is the legal term for legal and financial responsibility for an accident. According to Texas law, the driver or party at fault for causing the wreck is liable for related economic damages. As an injured passenger, you may be able to file a claim against one or more parties for financial compensation:
  • The driver of the vehicle. The simplest step as an injured passenger is filing a claim with the insurance company of the driver of your vehicle. That driver’s bodily injury liability insurance will pay for your medical bills, lost wages and other losses. Texas law requires all drivers to carry this type of car insurance.
  • The driver of the other vehicle. If the other driver caused the collision, you can file a claim with that driver’s insurance company. However, filing with your driver’s insurance company is generally enough, as the insurer will seek reimbursement from the other driver’s insurer, if applicable.
  • The passenger’s insurance provider. If an incident occurs where one or both drivers are uninsured or do not have enough insurance to fully cover your losses, you can seek secondary coverage from your own insurance company. If you have personal injury protection insurance, this can help you pay for your medical bills.
  • A third party. If an investigation of the crash finds that a third party caused the car accident, such as a property owner, product manufacturer or the government, that party may be financially responsible for your losses.
In general, filing a claim against the driver’s insurance policy will result in benefits to reimburse you for your related injuries and losses as an injured passenger. If the driver does not have enough insurance to cover your expenses, however, you may need to seek additional benefits from a second or third source.

Potential Challenges During a Passenger Injury Claim

You may not face liability for a car accident as an injured passenger, but you could encounter other challenges when trying to obtain financial compensation. For instance, you may get caught in a liability dispute between the insurance companies of the two drivers. This could draw out the insurance settlement process and force you to wait for reimbursement for your expenses. If there were multiple passengers injured in the crash, you may also run into an issue obtaining enough coverage for your losses. The insurance available must be divided among all injured passengers, up to the policy’s maximum. You could also face a problem such as an uninsured driver or a hit-and-run accident. You might need an attorney’s assistance overcoming these unique challenges in San Antonio.

What to Do as an Injured Passenger

If you get into a car accident as a passenger, make sure someone reports the collision to the police. Check yourself and others involved in the crash for injuries. Then, gather as much information about the car accident as you can while still at the scene. This includes both drivers’ names and insurance information, a description of both vehicles, eyewitness statements, and photographs. Go to a hospital in San Antonio immediately for professional medical care. Then, consult with a car accident attorney for assistance with the claims process.
Posted by at 11:53 am

How Can Texas Crash Reports Help Your Car Accident Claim?

Monday, April 26, 2021
If you get into a car accident in San Antonio, there are a few steps you need to take to fulfill your legal responsibilities as a driver. One important step is contacting the police so that you can obtain a Texas crash report. The crash report will have key details about your accident that can help you support an insurance claim.

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

It is recommended that you call 911 to report any car accident to the police in Texas – even a minor collision. However, state law only requires you to report a car accident if it causes injuries, fatalities or property damage that appears to exceed $1,000. If you fail to report a serious crash, you could face a fine of up to $5,000 and/or jail time.

Why Crash Reports Are Important

Even if your car accident was minor and you are not required to report it by law, contacting the police can be useful to you as an injured victim. Reporting your collision can provide you with an official document to use during your insurance claim or a personal injury lawsuit in Texas. The crash report can help your car accident claim in a few important ways.

Proving Your Accident Happened

Insurance fraud is common enough that insurance companies are careful about the claims they accept. Some policyholders try to stage car accidents or lie about how they sustained their injuries for insurance coverage. One way to prove that you are being honest about your crash is by providing the insurance company with a crash report from the police. An official crash report drawn up from the scene of your car accident can prove to an insurance company that your car accident took place the way you say it did. If you were involved in a hit-and-run crash, for example, having an accident report can help you prove that you did not cause the property damage yourself. Details from the responding police officer can establish the truth behind your claim.

Documenting Basic Information

You have enough to worry about in the immediate aftermath of a car accident. You should have the freedom to focus on your injuries and wellbeing rather than documenting the facts of the crash. If you call the police to respond to the scene of the crash, you benefit from a law enforcement officer recording the basic details about the accident for you. The police report will list information such as the other driver’s name, the names of any eyewitnesses, vehicle descriptions, license plate numbers, and the date, time and location. A car insurance company can use this information to understand the basic facts of the crash before conducting its own investigation.

Providing Evidence of Fault

If the other driver involved in your car accident committed a moving violation, such as speeding or driving under the influence, the police report will document the citation given to the driver by the responding police officer. Although the citation alone is not indisputable evidence of fault, it can help you prove a case against the other driver. A Texas crash report will also include the responding officer’s opinion as to who or what caused the crash. An insurance company will take this opinion into account.

How to Obtain a Copy of Your Crash Report in Texas

If you wish to obtain a copy of your police report for an insurance claim or your own records, contact the police station in the county where your car accident took place. Give them your police report number and your basic information. If the officer has already submitted the paperwork (typically, officers have 10 days to do so), you can pay a small fee to have a copy mailed to you. Filing a crash report can be one of the most important things you do after getting into a car accident in San Antonio, Texas. Reporting your accident puts it on the official record and provides documentation you can use during the insurance claims process. For assistance with a crash report, contact a car accident lawyer near you.
Posted by at 11:51 am

Can You Claim Damages for PTSD After a Car Accident?

Friday, April 16, 2021
If a driver was careless or reckless and this caused your car accident in San Antonio, Texas, you can file a claim against the driver for financial compensation for your injuries and related expenses, such as medical bills. You may also be able to obtain a monetary recovery for physical pain and emotional suffering, including post-traumatic stress disorder (PTSD).

What Is PTSD? What Are the Symptoms?

Post-traumatic stress disorder is a mental disorder associated with surviving or witnessing a traumatic event. While many people associate PTSD with soldiers in combat zones, it can affect anyone who has lived through a traumatic event. This includes survivors of motor vehicle accidents. Symptoms commonly associated with PTSD include:
  • Flashbacks
  • Nightmares
  • Trouble sleeping
  • Anxiety associated with the activity
  • Phobias or avoidance
  • Depression
  • Trouble concentrating
  • Irritability or behavioral changes
  • Feelings of helplessness
  • Suicidal thoughts or tendencies
PTSD related to a car accident could come from the trauma of the crash itself, serious injuries suffered in the car accident or watching a loved one die in an auto accident. Diagnosing PTSD often requires seeing a psychiatrist or psychologist and discussing the symptoms being experienced. PTSD treatments may include therapy, medication or a combination of both.

Claiming Damages for PTSD After a Car Accident

Damages is the legal term for both the losses suffered by a car accident victim as well as the financial compensation available for his or her losses. Claiming damages after a car accident in Texas takes filing a claim with the insurance company of the at-fault driver or party. If an insurance claim does not result in adequate compensation, the case may go to trial. However, most car accident claims in Texas are resolved with settlements. Although it is possible to claim damages for PTSD after a car accident, insurance companies make it notoriously difficult to recover compensation for this type of intangible or noneconomic loss. PTSD – along with damages such as physical pain, emotional suffering and mental anguish – are more difficult to value compared to losses that are easily documented, such as medical bills and lost wages. Proving PTSD during an insurance claim or lawsuit often takes evidence such as medical records from a psychiatrist and expert testimony to speak on behalf of what the victim is feeling and experiencing. This is why it is important for a car accident victim to see a mental health professional as soon as possible upon recognizing the signs of PTSD. An official diagnosis of this mental health condition is often necessary before an insurance company or jury will award financial damages for this type of loss. A victim can also improve the odds of obtaining compensation for PTSD by keeping an injury journal to document his or her thoughts, emotions and moods in the days and weeks following a traumatic car accident.

How Are PTSD Damages Calculated?

Another challenge when bringing a claim for PTSD after a car accident is obtaining a fair amount of financial compensation for this type of loss. Insurance companies are notorious for devaluing clients’ claims to save themselves and their investors money. During an insurance claim, a car insurance company may offer less than a victim deserves for emotional suffering and post-traumatic stress disorder without help from an attorney. If the insurance company does not offer an adequate amount, the case may have to go to trial. Before a jury will award pain and suffering damages during a car accident lawsuit, however, the victim must prove that he or she has this condition and that it has negatively impacted his or her life. If you are suffering from post-traumatic stress disorder after a car accident, a car accident attorney in San Antonio can help you increase the odds of a successful damage claim. An attorney can gather evidence to prove your PTSD and the effect it has had on your life. A lawyer can also help you negotiate for maximum financial compensation for your economic and noneconomic damages. Discuss your case with a car accident attorney at the law firm of Aaron A. Herbert, P.C. today for more information.
Posted by at 11:35 am

Can I Get Punitive Damages After a Car Accident in San Antonio?

Monday, March 22, 2021
Damages are the financial compensation you can receive for your economic and noneconomic losses after an accident caused by someone else’s carelessness, such as a car accident in San Antonio. There are two main types of damages available: compensatory and punitive. Most car accident claims result in compensatory damages; punitive damages are much more rare.

What Are Punitive Damages?

Compensatory damages make a victim whole again by restoring him or her to the state he or she would have been in had the accident never happened. Punitive damages, on the other hand, are meant to punish a defendant for his or her wrongful actions. The goal of punitive damages is to dissuade the defendant and others from committing the same type of wrongdoing in the future. They act as a warning against similar negligence in the community.

When Are Punitive Damages Awarded in a Car Accident Case?

Although most successful personal injury claims will result in compensatory damages for a victim’s tangible and/or intangible losses, not all claims will result in punitive damages. The laws regarding punitive damages differ from state to state. These damages are not available in some states. In Texas, punitive damages are only awarded by a judge in special cases to punish the defendant for gross negligence, fraud or malice. If a defendant is guilty of egregious wrongdoing, severe carelessness, a wanton disregard for the safety of others or a malicious intent to harm, the injured victim may receive punitive damages to penalize the defendant. To recover punitive damages, a plaintiff in Texas must specifically request these damages and prove the severe nature of the defendant’s tort. The plaintiff may need a lawyer’s assistance with this burden of proof.

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

A judge will award punitive damages on a case-by-case basis. Whether or not a victim receives this type of award depends on the unique factors of the case. For a car accident case in San Antonio to result in punitive damages, the defendant must be guilty of extreme negligence or recklessness. Common examples of car accident cases that may receive punitive damages in Texas are:
  • Reckless driving
  • Driving while intoxicated
  • Road rage or aggressive driving
  • Excessive speeding or racing
  • Driving while distracted
  • Hit-and-run accident
  • Driving with a revoked or suspended license
  • A bus driver texting and driving
  • A manufacturer concealing known auto defects
A plaintiff’s eligibility for punitive damages in San Antonio will depend on the specific situation. Punitive damages will depend on factors such as the defendant’s actions in causing the accident, how much the defendant’s tort affects the sense of justice in the community and the defendant’s ability to pay punitive damages.

Texas’ Punitive Damages Cap

Like many states, Texas has a cap on punitive damages available in a personal injury case. There is a limit to how much you can receive in punitive damages as a plaintiff during a car accident lawsuit in San Antonio. A jury in Texas cannot order a defendant to pay more than $200,000 in punitive damages if you did not receive an award in economic damages. If you did receive an economic award, the punitive damage cap increases to twice the amount of your economic damages plus an equal amount in noneconomic damages, up to a maximum of $750,000.

When to Hire a Car Accident Lawyer in San Antonio

If you believe the person or party who caused your car accident in San Antonio is guilty of extreme negligence, malice or a wanton carelessness for the safety of others, consult with a car accident lawyer for assistance with your claim. A lawyer can help you request punitive damages and prove your eligibility for this type of compensation using evidence such as eyewitness statements, a police report and any citations given to the driver. The best way to secure the compensation you deserve, including a punitive damage award, is by hiring a lawyer to represent you.
Posted by at 6:02 pm

What Happens If Someone Else Is Driving My Car & Gets in an Accident in Texas?

Wednesday, March 17, 2021
You may not think twice before letting a friend or family member borrow your car. If that person gets into an accident while driving your vehicle, however, it is you who must deal with the insurance process. Find out what to expect from your insurance company if you were not the one driving your car in an accident.

Insurance Covers the Car, Not the Driver

It is a common misconception that the auto insurance a driver pays for covers the driver. In reality, auto insurance covers the car. This means no matter who was driving your vehicle, your car insurance company has to pay for damages. Unfortunately, this can mean paying a large deductible and dealing with an increase in your insurance premium – even if you were not the driver involved in the accident.

First-Party vs. Third-Party Insurance Claim

In Texas, the car insurance of the party at fault for causing the collision is financially responsible for damages. If your friend was at fault for causing the crash, therefore, your auto insurance company will pay for victims’ medical bills and property repairs. You will need to file a first-party insurance claim with your own insurance provider for coverage. How much your insurance company pays for the accident will depend on your policy. If you only have the minimum required amount of liability insurance in Texas, your insurance carrier most likely will not pay to repair the damage to your own vehicle. The minimum required amounts of automobile insurance only pay for the damages of others in a crash. You must have an additional form of coverage, such as collision or comprehensive insurance, for coverage for your own car. If you do not have this insurance, the insurer of the person you let use your car should pay for your losses. If the person you let borrow your car was not at fault for the accident, you will seek financial compensation from the auto insurance carrier of the at-fault party. You will file what is called a third-party insurance claim against the other driver’s carrier in pursuit of compensation for medical bills and vehicle repairs. In this scenario, your own insurance premiums should not increase, as your company did not pay for the damages.

Primary and Secondary Insurance Coverage

A car accident when someone else is driving your car may involve both primary and secondary insurance. Primary insurance coverage is your insurance policy as the vehicle’s owner. Secondary insurance is the automobile policy of the person who was driving your car. As the owner of the vehicle, your insurance policy will provide the primary (first) coverage for related losses. If you do not have enough insurance to cover 100% of the damages, the driver’s liability insurance will provide secondary coverage. For example, if the victim of the car accident suffered $35,000 in medical expenses but your auto insurance policy only covers up to $30,000, the person who was driving your vehicle will cover the remaining $5,000 through his or her auto insurance policy. Primary and secondary auto insurance work together on cases involving a vehicle owned by one party but driven by another to fully cover a victim’s losses.

Potential Challenges With Your Claim

For the most part, your auto insurance company will cover someone else driving your car. If, however, the person driving your car did not have your permission to do so, such as in an incident of theft, your insurance may not cover the driver. Coverage would come from the at-fault driver’s insurer instead. If you are guilty of negligent entrustment, you could also encounter challenges. If you knowingly allowed an intoxicated individual or unlicensed driver to drive your car, for example, someone injured in a subsequent accident may be able to hold you personally responsible for the collision as well as seek damages from the at-fault driver’s insurer. Due to the complexity of these types of cases, it is wise to consult with a  San Antonio car accident attorney to discuss your rights. An attorney can help you navigate the insurance claims process in San Antonio.
Posted by at 5:59 pm

What Is the Average Settlement for Whiplash in San Antonio?

Wednesday, March 10, 2021
Whiplash is a common injury suffered in auto accidents in San Antonio, Texas. Whiplash describes soft-tissue damage to the muscles or tendons in the neck. If you have whiplash from a San Antonio car crash or another accident, you may be curious about how much you could receive in an insurance settlement or jury verdict for your medical bills and losses. The answer to this question depends on your situation.

What Is Whiplash?

Whiplash is a neck injury most commonly caused by car accidents. However, it can also be caused by falls, sports and other incidents, such as physical assault. It occurs when something jerks the head and neck rapidly backward and forward, whipping the neck around hard enough to stretch, tear or damage the soft tissues. Whiplash can cause many painful and debilitating symptoms, including:
  • Neck pain
  • Stiffness or lost range of motion
  • Shooting pains, tingling or numbness in the arms
  • Back pain or tenderness
  • Headaches
  • Vertigo or dizziness
  • Trouble concentrating
  • Memory issues
  • Trouble sleeping
Medical care for a whiplash injury may involve pain medications and physical therapy. A victim with whiplash might be unable to return to work right away. If the victim was not at fault for the incident that caused the injury, he or she could be eligible for financial compensation for these losses from the negligent party.

Settlement Amounts Vary Significantly

It is not possible to estimate the value of your whiplash injury settlement based on average award amounts in prior cases. Insurance companies and courts in Texas do not assign damages based on average settlements. Instead, every personal injury settlement or jury verdict for whiplash is unique and tailored to the victim’s needs and losses. Some injured accident victims can receive $10,000 or less for their whiplash injuries. Others might receive around $5,000. Still other crash victims could receive substantially more than $10,000 if they have significant injuries, such as a serious spinal cord injury. The factors that go into determining a whiplash settlement amount include the level of the injury, the victim’s prognosis, how long he or she will need medical care, health, age, income, and more.

Types of Damages Available

Although there is no average settlement for whiplash in San Antonio, you can get an idea of how much your claim might be worth with help from an attorney. An attorney can estimate the value of your case based on the compensable losses you suffered in the accident. A defendant may be financially responsible for many of your past and future damages:
  • Health care bills
  • Long-term treatments such as physical therapy
  • Medications or medical devices
  • Lost wages and capacity to earn
  • Property repairs
  • Disability-related expenses
  • Lost enjoyment of life
  • Pain and suffering
  • Emotional distress
  • Punitive damages
A personal injury lawyer in San Antonio can help you list all of the damages you and your family have suffered as a result of a defendant’s negligence or recklessness. Then, your lawyer can help you pursue maximum financial compensation for these losses. Although most whiplash cases settle, a lawyer will have the power to go to trial against a defendant, if necessary.

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

If you suffered a whiplash injury in an accident in San Antonio that significantly interferes with your life, consult with an attorney for assistance with the claims process. An attorney will have the knowledge, resources and legal tactics to successfully negotiate or litigate your injury claim. Handling your case without an attorney may expose you to insurance bad-faith tactics. Your lawyer will fight for maximum compensation on your behalf, as he or she will want to optimize your award. An insurance company, on the other hand, will want to devalue your whiplash claim. An insurance company may wrongfully deny your claim, for example, or underestimate your future medical needs. If you hire a personal injury lawyer in San Antonio to represent you, he or she can negotiate for just compensation. This will increase the odds of receiving a fair settlement offer. A lawyer can demand the financial outcome you need to finally move forward from a whiplash injury.
Posted by at 5:40 pm

What to Do After a Hit-and-Run in San Antonio?

Friday, February 26, 2021
A hit-and-run accident is an especially devastating type of collision due to the delay in emergency aid to a victim. When a driver commits a hit-and-run, he or she does not stop to call the police. This can increase the possibility of serious and fatal injuries by the time the police arrive. If you get in a hit-and-run accident in San Antonio, take the following steps to protect your rights as much as possible.

Call the Police

Always call the police from the scene of a hit-and-run accident. Even if the accident did not cause injuries or more than $1,000 in property damage, you must call the police to report the crime. In Texas, fleeing the scene of a car accident without stopping is against the law. This crime can result in a criminal conviction, fines and jail time for the offender. One of the most important reasons to call 911 from the scene, however, is for professional assistance identifying the at-fault driver. To recover compensation from someone else’s insurance provider, you will need to identify the liable party. The police can launch a full investigation into your hit-and-run accident to try to identify the defendant. Be sure to give the police officer a detailed summary of what you remember while the memory is still fresh in your mind. The police can take official photographs of the crash scene and visit surrounding businesses to request video surveillance footage on your behalf. Write down your police report number before leaving the scene.

Speak to Eyewitnesses

If you can, obtain the names and phone numbers of anyone who witnessed the car accident. Eyewitnesses may have seen critical details that can help the police catch the culprit, such as the make, model or color of the vehicle that struck you. If anyone saw a partial or full license plate number, this can be especially helpful in tracking down the hit-and-run driver. If your injuries are too serious to stay and speak to eyewitnesses yourself, the police can do so for you.

Get Medical Attention

Do not delay in getting medical care for your injuries. Prompt medical care can be critical for a full physical recovery after a serious car accident. Going to a hospital immediately can also demonstrate to an insurance company that you did your best to mitigate your injuries. It can also establish proof that your injuries occurred from an auto accident, as you are claiming they did. Follow your doctor’s treatment plan and keep copies of all relevant medical records and bills.

File a Car Accident Claim With Your Own Insurer

Under Texas’s fault insurance law, the driver who caused your car accident should lawfully pay for your injuries and losses. Unfortunately, after a hit-and-run accident, you may not know the identity of the at-fault driver. If you have uninsured or underinsured motorist insurance through your own provider, this will cover your losses instead. Your own auto insurance provider will pay for a hit-and-run accident with uninsured motorist insurance as if the at-fault driver had remained at the scene of the crash but did not have car insurance. If you do not have this type of insurance (it is an optional, not required, type of insurance in Texas), you will need collision or comprehensive insurance to obtain the necessary coverage.

Contact a Car Accident Attorney in San Antonio

If you’ve been injured in a hit-and-run car accident, do not assume you have no legal options for financial recovery. Your own insurance provider may cover the costs of the collision for you. You may also be able to hold a third party at least partially responsible, depending on the circumstances of your crash. Consult with a car accident attorney in San Antonio for legal assistance with this complicated type of claim. An attorney can review your legal options with you in detail.
Posted by at 5:41 pm

How Do Automakers Detect Defectives and Initiate Recalls?

Wednesday, January 13, 2021
When you get a notice from your car manufacturer or hear about another recall on the news, you probably just feel inconvenienced. Now you have to go to the shop and get a repair you didn’t even know you needed. Have you ever wondered how those recalls start? Did someone have a problem and complain or did the manufacturer find it?

When Do Manufacturers Issue Recalls?

The National Highway Traffic Safety Administration (NHTSA) has the authority to develop and enforce standards for vehicle safety to help ensure manufacturers find and correct defects before an accident or injury occurs. Manufacturers are required to recall a vehicle when parts in a vehicle don’t meet the requirements set forth in the Federal Motor Vehicle Safety Standard and when they discover a defect that could threaten consumer safety. The federal standards ensure that parts, including brakes, airbags, and seatbelts, are created with quality and consumer protection in mind. It keeps companies from taking shortcuts and issuing vehicles with inconsistent, partial quality. Safety defects, on the other hand, occur anytime a manufacturer realizes a vehicle component presents a real risk to consumer wellbeing. Anything that could cause harm, such as the Takata airbag recall, falls under the category of a safety defect.

How Manufacturers Find Out About Defects

Vehicles have a number of separate components, and manufacturers are responsible for adhering to industry standards. That does not always prevent the occurrence of defects, however. Finding defects and initiating recalls happens in a number of different ways, including thorough manufacturer quality assurance testing and consumer discovery:
  • Consumer reporting. Anyone who discovers a defect in a vehicle can contact the Vehicle Safety Hotline, which alerts the NHTSA to the problem via phone, at 1.888.327.4236 or online at safercar.gov. Consumer reports often launch investigations that uncover defects in parts. The NHTSA may not investigate an isolated defect occurrence, but they’ll look into problems that could affect multiple vehicles or parts installed in numerous vehicles.
  • Quality assurance testing. Each vehicle manufacturer has its own set of standards when it comes to maintaining compliance with federal standards and creating safe vehicles for sale. Manufacturers have an incentive to find and eradicate defects early on to prevent injury, lawsuits, and loss of consumer trust, so they often initiate recalls on their own.
  • Compliance testing. Federal regulators conduct routine testing to guarantee auto manufacturers maintain federal standards. In some cases, these tests uncover previously undetected defects that warrant a recall.
Discovered defects may only affect a small number of vehicles, causing a small recall. On the other hand, they could affect thousands of vehicles across many brands if the manufacturers use the same parts.

Consumer Responsibility

The automaker is required to send vehicle owners notice of any recalls that may affect their vehicles. Consumers can also go online to the automaker website or safercar.gov to input a VIN number and look up recalls. You can find your vehicle’s VIN number by looking into the windshield on the driver’s side of the vehicle from the outside. The vehicle may also have the number printed inside the driver’s side door where it latches. Automakers should make every reasonable effort to get in touch with those a recall might affect. However, used vehicle sales and a lack of current customer information mean some vehicle owners may never discover the recall. Depending on the situation, a publicized recall isn’t enough to protect a vehicle manufacturer from a lawsuit. If you can prove you didn’t know and couldn’t have reasonably known about the recall, any adverse effects you or a loved one suffered may offer grounds for a lawsuit. Contact the Law Firm of Aaron A. Herbert for more information about recall cases in and around San Antonio.
Posted by at 1:37 pm

Have Distracted Driving Laws Reduced Crashes? 

Thursday, July 6, 2017
Distracted driving poses a serious threat to our health. According to government research on driver behavior, in 2014 nearly 3200 people were killed and an additional 431,000 were injured in motor vehicle accidents in which distracted driving was a factor. Distracted driving is defined as any activity that can divert a person’s attention away from their primary task, which is driving. Examples of distracted driving include texting, talking on the phone, eating or drinking, applying makeup, reading maps, consulting a navigation system, even adjusting a radio. Since text messaging requires digital, cognitive, and visual input, it’s often seen as the biggest threat. And we text a lot – according to federal data, we sent nearly 170 billion texts in December 2014 alone. A lot of us text while driving – around 660,000 at any given time. To reduce the number of distracted driving related crashes, lawmakers have passed sweeping regulations to address texting on the road. Today, nearly every state in the union prohibits it. But are they doing any good? New York was the first to pass a handheld device provision in 2001. Not only are residents not allowed to text, but they’re not allowed to talk or use their devices (hands-free talking is allowed in some states). Currently, fourteen states have this provision, as well as the District of Columbia. Forty-four states prohibit texting while driving, but allow talking and use of a navigation system.

Texting-Related Bans Save Lives

A review of hospitalization data show that texting bans have led to a decrease in crash-related hospitalizations across all age groups, according to a study in The American Journal of Public Health. On average, such hospitalizations have decreased by seven percent. The improvement was most drastic among crash victims aged 22 to 64. Crashes among adolescents and teens, on the other hand, dropped only marginally. Researchers in the study concluded that these reductions translate into annual prevention of 30 motor-vehicle hospitalizations per hospital (in states with a primary texting ban). This suggests that texting bans work and are improving public health.

Insurance Companies Tell a Different Story

Interestingly, a study by the Insurance Institute for Highway Safety found conflicting information. While they found bans on hand-held phone use have curbed the behavior of texting behind the wheel, they haven’t produced a subsequent reduction in crashes. According to their analysis, cell phone and texting bans have not reduced the number of crashes reported to insurers, even with strong enforcement. The institute’s research found that in places with a handheld device ban, such as New York, cell phone conversations dropped by as much as 76 percent. They also found, however, that motor vehicle crash claims haven’t been significantly reduced in the years following the ban. There are several possible reasons for this – for example, drivers who were on their phones may have been distracted by something else. Another is that drivers may be switching to hands-free calling, which is legal but still provides a cognitive distraction. These drivers would still be distracted by the conversation, even when their hands are on the wheel.

What’s the Final Word on Texting Bans?

It’s important to note that one study analyzed insurance claim data, while the other analyzed hospitalization data. One possible explanation for the cell phone ban data discrepancy is that there are fewer serious crashes producing hospitalization although they may still result in an insurance claim. Distracted driving still poses a threat to our health. Each year, there are several hundred preventable deaths related to cell phone use. Lawmakers must continue to recognize the efficacy of texting bans in reducing serious injury and encourage states without texting bans to adopt legislation. Together, we can reduce the number of distracted driving deaths.
Posted by Aaron Herbert at 9:24 am

How to Avoid Aggressive Drivers

Tuesday, December 27, 2016
Busier schedules, longer commutes, and more traffic on the roadways have led to an increase in aggressive driving around the country. Major cities, like San Antonio, have an issue with aggressive drivers trying to make it to work on time in heavy rush hour traffic. Aggressive drivers put everyone on the roadway in danger, allowing rage to cloud their judgment and potentially lead to acts of violence. Recognizing an aggressive driver and staying away is the best options for protecting yourself from this human hazard.

Obey Roadway Rules

Many bouts of aggression behind the wheel stem from another vehicle disobeying the rules of the road. When one driver speeds, cuts another driver off, weaves between lanes, or fails to yield the right of way, it can trigger another driver’s rage reflex. You’ve likely felt this anger yourself. When a careless or negligent driver nearly causes an accident, it can make everyone else on the road feel heated. Don’t be the bad driver who makes other commuters angry. Wait your turn at a four-way stop, use your blinker when merging, and don’t use the left lane if you’re a slow driver.

Keep the Passing Lane Open

The “fast lanes” on I-30 and freeways in San Antonio are passing lanes, according to Texas roadway rules. While many drivers stay in the left lane for the duration of their commutes, it’s actually only meant for passing slower vehicles in the middle and right lanes. To avoid an aggressive driver tailgating behind you, keep the passing lane open except when passing. A driver in a hurry may get angry with you for blocking the passing lane. Resist the temptation to speed up, slow down, or “brake-check” the driver behind you to get him or her off your back. This could cause a rear-end collision or cause the angry driver to use other lanes to pass – a dangerous maneuver. Instead, carefully exit the passing lane using your blinker and allow the aggressor to pass you.

Leave Space Between Your Vehicle and Others

Keeping a safe driving distance between your vehicle and those around you is not only good safety advice, it can also help avoid road rage situations. Following the vehicle in front of you too closely can translate as tailgating, potentially making the other driver angry. The driver could then slam on his or her brakes, causing a rear-end collision if you can’t react in time (for which you’ll be responsible). Driving too closely to others could also cause an accident. Even a minor collision or scrape could set the wrong person on a rampage.

Don’t Use Inflammatory Gestures

Drivers often feel overly confident in the confines of their vehicles and do or say things they might not in a face-to-face altercation. Unfortunately, actions behind the wheel to another driver could cause a real-life confrontation. Avoid honking your horn unnecessarily, flashing your lights, or using rude hand gestures toward other drivers. It may be tempting to show another driver you’re irritated because he or she cut you off, but it isn’t worth making a heated situation worse. Save your horn for preventing collisions, not letting someone know you’re angry.

Stay Calm

Prevent triggering a conflict by avoiding eye contact with a driver you know is angry. If an aggressive driver purposefully causes a collision, follows you home, or tries to exit his/her car for an altercation with you, call 911. For every moving violation related to aggressive driving in Texas, a driver can pay fines of up to $200 and even face jail time. Trust law enforcement to handle an aggressive driver – never try to neutralize a dangerous situation on your own.
Posted by at 11:27 pm

What Are the Right-of-Way Laws in Texas?

Tuesday, November 29, 2016
The rules of the road enable drivers to anticipate the actions of others. Quite often, drivers must yield to other drivers or pedestrians before moving. The phrase “right of way” describes how you determine when to yield to another driver or pedestrian or when that other driver or pedestrian must yield to you. Right-of-way laws exist to ensure public safety on the road and to provide the smoothest flow of traffic possible. Right-of-way laws are meant to keep drivers and pedestrians safe, so it’s important for Texans to know the state’s right-of-way laws. Understanding these laws can help prevent traffic accidents, injuries, and even fatalities, and it can help drivers avoid traffic tickets for illegal maneuvers.

Right-of-Way at Intersections

There are specific laws concerning the right-of-way at intersections in Texas:
  • When driving on an unpaved road, if you come to an intersection with a paved road, you must yield the right-of-way to traffic driving on the paved road.
  • At uncontrolled intersections, you must yield the right-of-way to any traffic already in the intersection and any traffic to the right of your vehicle.
  • When making a left-hand turn at an intersection, you must yield to pedestrians crossing the street as well as traffic traveling in the opposite lane. This also applies to making a right-hand turn. You must yield to through traffic entering the lane you wish to turn into as well as any pedestrians crossing in your path.
  • Whenever you approach an intersection at a main road from any private road, alley, or driveway, the right-of-way must be yielded to traffic driving on the main road.
  • Trains always have the right-of-way at railroad crossings. Always stop at the indicated spot. Trains are typically much wider than the tracks, and if you stop too close to the tracks, you risk being struck by a moving train. Such collisions are extremely deadly.

Emergency Vehicles

Emergency vehicles are equipped with lights and sirens to let other drivers know that they are nearby and responding to an emergency. It’s vital for other drivers to quickly ascertain the location of the emergency vehicle and pull over so personnel can reach the emergency. In Texas, motorists must always give the right-of-way to any fire trucks, ambulances, or police vehicles. Pull over to the right as soon as possible, unless you’re within an intersection at the time. In this case, continue through the intersection and pull over to the right side of the road as soon as you can.


Every Texas driver must always give pedestrians the right-of-way, even if they aren’t crossing legally at the time. Pedestrians have no protection from oncoming traffic. As such, it’s vital for drivers to exercise caution around pedestrians and areas with heavy foot traffic. Not every intersection will have a “Walk/Don’t Walk” signal. Regardless of whether such a signal is present, a pedestrian has the right-of-way during a green light. Additionally, pedestrians have the legal right-of-way even if the light changes to red as they cross. A good rule of thumb is to simply always yield to pedestrians, even if they’re violating the law or crossing the road illegally.

Right-of-Way Violation Penalties

As with most driving infractions, drivers found in violation of right-of-way laws can expect to receive points on their licenses. A failure to yield violation will typically result in two points and a $50 to $200 fine. A failure to yield violation that leads to an injury will result in three points and up to $2,000 in fines. Serious injuries may incur an even larger fine up to $4,000. Any right-of-way infractions committed by Texan drivers outside the state will still result in these penalties.
Posted by at 11:54 pm

What Are the Motorcycle Laws Every Texan Should Know?

Saturday, August 20, 2016
Motorcycles are more than just a mode of transportation – they are a hobby and pastime for many Texans. Although motorcycles are a fun way to get around and enjoy pleasant weather on the road, it’s vital for Texans to understand state motorcycle laws. Knowing these laws not only keeps riders safer on the road, but also helps ensure riders are compliant and needn’t worry about fines or legal problems due to parking or mechanical issues. Motorcycles must have the same basic mechanical features as other motor vehicles – brakes, reflectors, head and taillights, and the other typical parts of a vehicle. Just like passenger cars, motorcycles must be registered and riders must obtain the proper motorcycle license. Some states place restrictions on exhaust and muffler decibels for sound concerns, but Texas has no such laws.


Just like passenger cars, motorcycle riders may only park their bikes in disabled parking spaces if they have the proper authorization and affix a disabled license plate or windshield placard to the bike. Additionally, a disabled license plate or windshield placard may not be given or lent to other motorists. Some motorcycle riders believe that because their bikes are smaller than typical passenger cars, they may park in the striped areas near handicap parking [RELATED: Can You Sue for Falling in a Parking Lot?] spaces or other similar “Do Not Stop” areas of pavement. This is against the law. Motorcycles may not be parked on sidewalks, either.

Helmet Laws

In Texas, helmets are required for any rider under the age of 21. Riders over the age of 21 may forego wearing a helmet if they obtain the proper certification or insurance coverage. Such riders must either complete a Department of Motor Vehicles-approved Motorcycle Operating Training Course or obtain at least $10,000 in medical insurance. As with automobile insurance, these riders must keep a copy of their medical insurance card on their person while riding or stowed in the bike. However, Texas police are not permitted to stop or detain any rider solely to determine whether the rider has completed a training course or possesses medical insurance coverage. Although the decision to wear a helmet is at the rider’s discretion if over the age of 21, helmets have been proven to save lives. Consider wearing a Department of Transportation-approved helmet while riding.


In Texas, no one under the age of five years may ride as a passenger on a motorcycle. Any passengers over the age of five and under 21 years old must wear a helmet. Passengers over the age of 21 may opt to ride without a helmet if the driver has the met the proper requirements. Additionally, the motorcycle must have a permanent passenger seat.

Lane Splitting

Many motorcyclists engage in a practice known as “lane splitting,” which is when a motorcyclist passes other vehicles by traversing between lanes of traffic. Some decry this practice as dangerous, and it can be in certain situations – specifically, when riders are splitting a lane with a larger vehicle or at high speeds. Lane splitting is NOT legal in the state of Texas. Motorcycles are fantastic fun, but they are also inherently more dangerous than other motor vehicles because riders are almost entirely exposed. Passenger cars shield their drivers much more effectively than motorcycles. Therefore, if you ride a motorcycle in Texas, exercise more caution on the road than you might when driving a regular motor vehicle. Following the rules of the road and keeping these Texas laws in mind will reduce your risk of serious injury.
Posted by Aaron Herbert at 3:50 am

What is Drowsy Driving?

Tuesday, August 9, 2016
The dangers that exist when behind the wheel are perilous and apparent; drunk and distracted driving garners much attention, and is something most drivers avoid themselves while remaining vigilant for it in others. One danger that we perhaps don’t pay enough attention to, however, is distracted driving, which, according to a AAA study, is just as likely to cause an accident as driving while intoxicated.

Fatigue Behind the Wheel

Lack of quality sleep can affect a lot of areas of your life, but driving is perhaps the most hazardous. Even if you’re awake, less than six hours of sleep per night can drastically increase your chances of being in an accident. Side effects of such little sleep include: Car Accident Liability
  • Impaired reaction time
  • Problems processing information and with short-term memory
  • Decreased performance and vigilance
  • Increased aggravation or short temper
If you’ve ever reached your destination and realized you don’t remember any of what you saw while driving there, yelled at another driver for a minor inconvenience or have felt yourself take an extra second to apply the brakes, this could be an indicator of lack of sleep. Fatigue cannot be measured or tested for after an accident like drunk driving can. It’s therefore tough to tell just how often driver fatigue is the main cause of an accident. The National Highway Traffic Safety Administration (NHTSA) estimates that 2.5 percent of fatal car accidents involve drowsy driving. However, because of the difficulty estimating drowsiness, that number could actually be anywhere from 15 to 33 percent.

Drowsy Driving Statistics

Of 19 states surveyed in a 2010 study by the Centers for Disease Control (CDC), 6.1 percent of Texas drivers reported falling asleep at the wheel within the past 30 days, the highest rate of any state. It’s unclear why Texas was the worst of the states surveyed, but it’s well above the national average of 4.2 percent. An interesting anomaly in the CDC study concluded that it’s not just how much sleep we’re getting, but how well we sleep. Those who get less than six hours of sleep and snore reported falling asleep at the wheel at a rate of 8.5 percent, compared to 5.2 percent for those who don’t. Getting the recommended amount of sleep is easier said than done, but it’s imperative to recognize the signs of a drowsy driver, whether it’s yourself or someone else. If you notice the driver appears fatigues, offer to drive for a while. If you feel sleepy behind the wheel, pull off the road and close your eyes for a few minutes. If you have taken a medicine that may cause drowsiness, don’t drive until you know how it affects you.
Posted by Aaron Herbert at 11:01 am

See Every Texas Drunk Driving Crash in the Last 3 Years…in 10 Seconds

Wednesday, June 29, 2016
Posted by at 1:47 pm

How Do You Prove that Another Driver’s Negligence Caused You to Do Something that Resulted in an Accident?

Thursday, June 9, 2016
Countless cases – whether they’re settled out of court or go before a jury – hinge on proving negligence. In some situations, even a driver who hit another vehicle may have done so only because of a third party’s neglect. For instance, a person driving under the influence of drugs or alcohol may indirectly cause an accident. That individual, however, may be found fully accountable for all subsequent damages. As an example, you may be driving on a highway when a person using a cell phone cuts you off. You slam on the brakes, a car rear-ends you, and a pileup ensues. Who is responsible – you, the driver who hit you, or the person who cut you off? Obviously, things can get complicated in such incidents. Working with a qualified legal team to uncover any negligence that may have caused the collision is the first step in protecting your rights against this type of accident.

Proving Negligence in Texas

Negligence can affect any personal injury in Texas, not only those on our freeways. For instance, if you meet with a legal team to discuss a slip and fall, they will pore over any details you provide. Were the grounds well maintained? Was the business you were visiting open and well staffed? Were there any spills, and did the manager take a reasonable degree of action to fix the problem? Proving these details, potentially before a jury, takes countless hours of hard work and dedication. If you’re injured, do your best to keep track of the following details. This will help you prove neglect in Texas:
  • A detailed, consistent account of the accident. Documentation is critically important, but so is consistency. As soon as you get the chance, write down what happened so you can remember it in the future. Inconsistency may affect your credibility, especially if the defendant has his or her own evidence.
  • Pictures of the scene. Photographs will absolutely help your case. In the case of a slip and fall, a spill or crack in the sidewalk can be incriminating. This can streamline the entire process, so if you’re able, take pictures of the scene or have someone do it for you. As solid as any photographic evidence may be, it’s a good idea to work with a San Antonio slip and fall lawyer to get the most compensation for your injuries.
  • Witness information. Eyewitness accounts are also critical. As your attorney and insurance company (as well as the defendant’s) work to understand what happened, external perspectives may prove invaluable.
  • The physician’s diagnosis. Whether or not you’re injured, consider checking in with a doctor if you suspect neglect. This is even more important if you have any kind of pain or discomfort. These issues may develop over time, and you might need to rely on a professional’s diagnosis to link your pain and suffering to the incident.
  • All related expenses and damages. Keep your receipts, all medical bills, and any other documents (e.g., bank statements) connecting costs to the accident.

Don’t Overlook the Importance of Working with an Experienced San Antonio Attorney

Your Texas attorney will explore the defendant’s legal obligations to provide a safe environment for the plaintiff, whether that duty was breached or not, and what caused the incident – which can be a direct or indirect action or no action at all. Finally, he or she will assess the damage, accounting for all long-term issues that may play into your settlement. This could include physical therapy costs, job rehabilitation programs, loss of consortium, and more. There are hundreds of details that can be the difference between a fair amount that pays for all damages over the course of your life and an insulting settlement lets the responsible party off the hook. Don’t fall for the latter. Speak with an attorney at Aaron Herbert for more information, and trust your claim to us. We’ll explore every possible factor that may have contributed to your injury, and we won’t rest until a fair settlement is awarded.
Posted by at 10:55 pm

College Campus Accident Claims: Are They Different?

Friday, January 15, 2016
Lawsuits for accidents that occur at colleges can be very different from those at other establishments, depending on the circumstances. There are many considerations that determine how a lawsuit stemming from a campus accident will proceed; however, you do still have legal options if and when you pursue a claim.

Holding Public Schools Liable

State run schools, including colleges, universities, and technical institutions, sometimes fall under the category of sovereign immunity as other government agencies do. In Texas, you can only sue a state school if the state decides you’re allowed to do so. This extends to all forms of lawsuits, including personal injury claims. Depending on the situation, you may win the legislature’s approval and proceed with a lawsuit against the school. The state has the right to disallow petty lawsuits but may grant them in serious personal injury cases.

Holding Private Schools Liable

Private schools may or may not be under the protection of the state when it comes to personal injury lawsuits. A private school that falls under the category of “charitable institution” may be protected under the same sovereign immunity rule as public schools. If the injury occurred during the normal course of work and in a reasonable manner, you may not be able to present a lawsuit against the private institution. Some for profit establishments, however, may not fall under this category and can be sued as any other business entity would be. In business injury cases, you may hold each organization responsible for unreasonable situations that lead to harm under the concept of premise liability attorney in San Antonio.

Other Parties You May Sue

Depending on the case, you can hold other individuals liable after an accident on campus. Going to a college or other post-graduate institution doesn’t protect other students or visitors from legal action. In addition to people not associated with the institution, you may have the opportunity to look into 3rd parties, such as contracted foodservice companies, vehicle manufacturers, and others that may not fall under the umbrella of sovereign immunity. You may also hold more than one party accountable in a lawsuit. For instance, if you were injured by a drunk driver on campus, you may be able to hold both the school and the driver responsible for resulting injuries. The facility has a responsibility to provide reasonable protection for individuals on it.

You Need an Experienced Attorney to Bring a Lawsuit Against a College in Texas

If you decide to take legal action against a college in Texas or any other state or private institution, you’ll need the assistance of an attorney who understands Texas sovereign immunity laws. These cases are often more difficult than general personal injury claims and require an added level of expertise to determine who you can file against and the best strategy to do so. Schools may tell individuals injured on campuses they have no liability over the injury. Depending on the case, this may or may not be true, and we can help you make that determination. Even if the school doesn’t have liability, you may still have the option to file a lawsuit against another party involved in the accident. The medical bills and pain and suffering caused by an on-campus accident can add up quickly, and it may affect your ability to continue studying. Those who don’t have medical insurance may find the situation particularly difficult to handle. However, you’ll always have a legal outlet. Our team can help you obtain fair compensation so you can move on after a campus accident.


For more information, contact The Law Firm of Aaron A. Herbert, P.C. today.
Posted by at 11:57 pm

The Common Problems Catastrophic Accident Survivors Face

Wednesday, January 13, 2016
Victims of catastrophic accidents suffer life-altering consequences. Catastrophic accidents are defined by the injuries they cause, forever changing the way a victim’s body functions. These damages often leave individuals unable to function at the same level as they could prior to the incident. Whether a victim suffers from serious burns or a spinal cord injury causing paralysis, many encounter the following common problems:

Financial Issues

Catastrophic injuries either prevent those affected from ever performing work at the same level of functionality, or the injury requires long-term medical help, including care, rehabilitative treatments, medication, and surgery. Medical expenses and a lack of income generation can cause financial complications quickly in the aftermath of an accident. For many, these injuries affect the victim’s income generation as well as a caregiver’s ability to earn a competitive income. In some cases, a caregiver may not be able to earn any extra income while treating an injured relative.

Quality of Life Difficulties

Those who never fully recover from a catastrophic injury often face a significantly decreased quality of life. For example, a parent may never play ball with his kids. Someone may never be able to travel independently again. In the blink of an eye, a person’s world can turn upside down after a catastrophic accident. Even those who do make a full recovery may face life-altering consequences. Think about the college ball star who gets into a car accident and has to undergo several surgeries to regain functionality. He or she may lose scholarships, be unable to perform ever again, and get so far behind at school that continuing on the same path no longer makes sense. Family members affected by the deaths that result from catastrophic accidents also experience devastating problems. Children, for instance, may never get guidance from a parent. Spouses often lose the companionship of their partners.

Emotional Distress

In addition to the physical consequences of a catastrophic accident, victims and family members may experience serious emotional problems. Trying to adjust to the injuries and reliving the accident in their heads can cause PTSD, depression, anxiety, and other serious mental health disorders. Almost every survivor of a catastrophic accident goes through some level of emotional distress, regardless of the injuries sustained. Serious injuries may also affect an individual’s motor functioning or brain processing. The life of a victim can be incredibly lonely, making community support and family involvement an important part of the healing process.

Lack of Guidance

After an accident, survivors and their family members may not have a clear understanding about where to turn for guidance. Many must make serious work-related and medical help decisions while answering questions from investigators and absorbing the full impact of how life has changed. Not having access to legal, medical, and support resources can make the process much more difficult for everyone involved. Texas has a number of helpful state-run resources for accident victims undergoing rehabilitation and those trying to get back into the workforce. Catastrophic accident victims also have the ability to explore legal recourse with an experienced counselor. Filing a personal injury claim against the individual responsible for the accident is one way victims can overcome the common problems posed by severe accidents and start to move forward with their lives. At The Law Firm of Aaron A. Herbert, P.C., we understand the complex financial, medical, and emotional problems severe accidents cause. We’re here to help make rehabilitation and moving on with your life a little easier so you can focus on healing instead of worrying about how you’re going to care for your family or create a meaningful future for yourself.


If you’re suffering from the consequences of a catastrophic accident, give our office in San Antonio a call today.
Posted by at 11:53 pm

If I’m Doing Something Illegal but Get Injured, Can I Still Make a Claim?

Friday, January 8, 2016
The answer to the question is that it depends, particularly in the case of a pedestrian accident. For instance, if you’re jaywalking because you really didn’t want to go to the crosswalk to get back to the office and a speeding vehicle hits you, the query shifts from “if someone is liable” to “how much is someone liable.” Depending on the type of illegal activity and the circumstances, you may or may not be able to make a claim.

Jaywalking and Drunk Driving

As a pedestrian, you typically have the right of way on the road. However, you’re responsible, under Texas law, for following the rules of the road. You can’t step out into traffic just because you want to; you need to cross at a crosswalk if one is available. Let’s say you jaywalk in a busy part of town because everyone else does it, too, except this time a drunk driver hits you in the process. You suffer catastrophic injury, and the driver walks away with barely a scratch. You were both doing something technically illegal, but the vehicle operator was acting far more dangerously. Under Texas’s comparative fault laws, the court will assign a percentage of the blame to each party. The amount of compensation you can receive as a result of the accident is based on that percentage of fault. However, when the amount of fault meets or exceeds 50%, that individual cannot claim any damages after the accident. So, if you were 20% responsible for the accident but the drunk driver was 80% responsible, he or she could not collect any damages. 20% of your compensation would be taken away.


In very limited circumstances, you could still make a claim if you’re doing something illegal and get injured. Trespassing provides a good example of when you might be able to make a claim. Generally, a property owner isn’t responsible for anything you do to injure yourself on his or her property. However, if that property owner had a serious safety hazard on the property, the property wasn’t properly marked as private, and you suffered a severe injury as a result, you might be able to hold the owner liable for your injuries. Similarly, if the property owner shot you as you were obeying his or her request to leave, you might be able to hold that person accountable. Technically, you were engaged in an illegal activity, but unless you were actively trying to cause harm or continued to engage in the illegal activity after confrontation, the property owner does not have a right to injure or kill you.

Contact an Attorney to Discuss Your Situation

There are very limited circumstances in which you can file and successfully win a claim if you were engaged in an illegal activity at the time, but it’s not unheard of. Many factors will come into play, including whether the other party was also engaged in an illegal activity, if someone owed you a reasonable duty of care, or if you should have reasonably known you were engaged in an illegal activity. The only way to determine for sure if pursuing a civil claim against the individual who injured you is right is to sit down with an attorney to review your case. Federal, state, and local laws may all play a role in each case determination, and only an experienced and local personal injury attorney can offer the advice you need to make an informed decision about pursuing a case. For more information regarding any injury claims, regardless of whether you were engaged in an illegal activity at the time, contact our San Antonio office today.
Posted by at 11:54 pm

Can a Court Take Away a Senior Citizen’s License After an Accident?

Wednesday, January 6, 2016
As the baby boomers get older, more adult children are asking questions about senior licensing and what types of situations warrant the state revoking licensing privileges. Depending on the circumstances of an accident and the age and health of the driver who caused the accident, the court can, in limited cases, revoke license privileges for senior drivers. To get a better idea of if that is a possibility, here are some of the laws Texas uses to govern senior drivers and accidents.

Senior Driving Laws

Any citizen between age 79 and 84 must renew his or her license at the DPS office every six years. Anyone 85 or older needs to do so in person every two years. Drivers who renew their licenses after age 79 must submit to a vision test and medical evaluation, as well. The department will also conduct additional testing and investigate senior drivers at the request of a court, physician, or family member concerned about a senior’s driving habits. The DPS can refuse to renew a license or restrict the licensing for certain reasons. It can also create conditional licensing to prevent certain drivers from driving on the freeway or to ensure a senior driver has another capable adult in the vehicle, drives only during the day, or does not exceed a certain speed limit. The department can also require that a senior use hearing aids and glasses while driving or vehicles equipped with certain safety implements. Depending on the reason for a license revocation, a senior may have his or her license reinstated at a later time.

Reasons for License Suspension After an Accident

If a senior causes an accident, the court can take a number of actions. It may ask DPS to conduct an investigation into the individual’s driving capabilities. A judge may also have the authority to automatically revoke a license in some situations, including:
  • The number of points on a license. If a senior has a certain number of points on his or her license at a time, the court may decide to suspend the license for a certain amount of time.
  • Serious accident offenses. Seniors involved in vehicular homicide, running from the police, DUI, or who leave an accident scene may have their licenses suspended by the court.
  • Lack of insurance or means to pay accident liability. If a senior doesn’t have insurance and can’t pay for the damages caused in an accident, the court may decide to suspend his or her license.
  • Repeat violations. Seniors who have caused accidents before or who have a history of reckless driving may lose their licenses after an accident.

Helping Seniors Stay Safe on the Road

Adult children concerned about their parents or other seniors driving on the road can request a DPS investigation to ensure they aren’t driving recklessly. You may also want to talk with a senior’s doctor to articulate concerns about driving on the road after a certain age. Physicians should discuss medication side effects and how a health condition might affect an individual’s ability to drive safely on the road. In some situations, you may want to discuss the ramifications of a senior continuing to drive with an attorney. Getting into an accident as a senior could have consequences for the estate, particularly if the senior caused the accident. Sometimes, seeing the potential for adverse consequences will help seniors voluntarily relinquish their driving rights. Try to drive with seniors when possible to see how their reaction times, decision-making skills, and visibility actually affect driving habits. The moment you notice a difference in driving, consider an honest conversation with him or her. Take additional steps if needed.
Posted by at 11:48 pm

How People Fake Accidents: Common Schemes and Repercussions

Friday, December 18, 2015
Some people will do anything to get some extra cash in their pockets, even if they have to cheat to do it. Fake accidents aren’t just morally reprehensible and unethical; they’re illegal. When people fake accidents, they take time, money, and support from people who truly suffer due to legitimate accidents. From staged car accidents to slip and fall injuries, here are some of the most common schemes and the consequences perpetrators face if caught.

Staged Car Accidents

Some people purposefully brake erratically in front of a vehicle to encourage a rear end collision. Others plan more elaborate accidents to target unsuspecting and innocent victims. Many staged accidents feature injuries an x-ray or medical evaluation can’t confirm or deny, such as chronic or severe pain. They have lots of witnesses around to support their claims, and if no video surveillance caught the scene on camera, they may have a good shot at getting away with the “accident.”

Fake Work Incidents

Not every employer in Texas has to carry workers’ compensation insurance, but those who do may find themselves vulnerable to injury schemes. Workers who’ve suffered an injury elsewhere may hide the injury and then stage an incident at work to get the insurance money. Others may exaggerate the effects of an incident or make up injuries a medical practitioner can’t disprove. Some will start the scam after a legitimate accident, pretending to have a disability to earn more time off.

Provoked Dog Bite Accidents

While the media plays up the danger of certain breeds, any dog will bite and cause damage if provoked. Some people may torment a canine to the point of an attack and then try to hold the owner accountable. If an individual knows a pooch has bitten or shown documented aggressive behavior in the past, he or she can easily bypass the one bite rule and take the owner to court. The dog will likely be put down in the process.

Slip and Fall Accidents

Anytime you’re on someone else’s property as a guest or customer, the owner is reasonably obligated to provide a safe environment. Some individuals try to take advantage of noticeable shortcomings at an establishment or create unsafe conditions. If there aren’t any cameras and the perpetrators make it look like something the owner should have known about, insurance will likely have to cover the damages or alleged injuries. Even with compelling evidence it’s essential to work with a San Antonio slip and fall attorney to ensure you receive maximum compensation for your injuries.

Repercussions for Accident Fraud

Accident fraud, also known as insurance fraud, sometimes goes unpunished, and the people who pay for insurance are the ones who lose. However, if the insurance company or the alleged defendant (person who “caused” the accident) can prove the perpetrator lied or staged an accident, he or she may face fines, prison time, and a permanent criminal record. It also hurts people legitimately seeking reparation by forcing insurance companies to pursue extensive investigation in every claim that has suspicious characteristics, such as a vague incident description, symptoms like chronic pain, or exaggerated claims. Furthermore, the people who were essentially framed for the accident may have to face lingering repercussions in their businesses or when paying for any damage done to their properties during the process. Some people targeted in fake accident schemes choose to take legal action against the perpetrators in the form of an injury claim to cover the costs of injuries and property damage they had to shoulder as a result of the scheme.


If one of these schemes has affected you, you can hold the perpetrator accountable. Contact our San Antonio team today to learn more, and we can walk you through your legal options in light of a fake accident assertion.
Posted by at 11:22 pm

Vehicular Homicide Laws and Unborn Children: The Laws of Criminal Liability

Wednesday, December 16, 2015
When a person causes a car accident due to negligent behavior and someone dies, the act falls under the category of vehicular homicide. Under Texas law, there are criminal penalties for negligently causing death of another human being. The state defines human beings as any individual who’s alive, including unborn children from the point of conception. Therefore, if a drunk driver causes an accident that leads to a mother’s to miscarriage, but she survives, the state may take action against the individual to seek justice for the unborn child. While driving intoxicated is one of the most commonly cited reasons for vehicular homicide, illegally racing, driving recklessly (including texting while driving), or driving negligently could also result in a criminal case against an individual. Vehicular homicide also includes murder cases in which the vehicle is the weapon. In many of these cases, victims will also pursue civil action against the individual who caused death. Losing a child in utero or a child and mother can have devastating consequences on a family. It may struggle with medical expenses, funeral expenses, and emotional trauma from the incident. These individuals may file a wrongful death suit to obtain compensation to cover the costs associated with the incident and punish the person who carelessly threw someone’s life away.

Criminal and Civil Consequences for Vehicular Homicide

Depending on the circumstances of the case, an individual may face a range of legal consequences. The investigation and subsequent criminal case will explore if the defendant’s behavior was reckless or intentional. That one differentiating factor could change whether or not someone spends years in prison for causing the death of an unborn child. Intentional and reckless actions that cause death are both considered felonies, with varying degrees. If more than one individual died as a result of the accident, the defendant may face multiple counts of homicide, including charges for the death of the unborn child, the mother, pedestrians, or other passengers involved in the accident. Individuals convicted of negligent, reckless, or intentional vehicular homicide may face fines, time in prison, counseling, probation, and community service for their actions. In a civil filing, they could also owe the surviving family thousands of dollars in reparations. Defendants may face concurrent trials in criminal and civil court.

What to Do After an Accident

Unfortunately, many vehicular homicides occur because someone made a reckless or negligent mistake. He or she drank one too many beers at the bar that night or was texting and driving, not paying attention to the lines on the roadway. One careless, illegal activity will change the course of that person’s life forever. If you or a loved one suffers the loss of an unborn child in a car accident, you can obtain justice. Whether someone just found out about a pregnancy or was at full term when the incident occurred, you have legal options to hold the responsible individual accountable outside of criminal proceedings. For pregnant women involved in an accident, get medical attention as soon as possible. Keep detailed records of your condition and your child’s in the days and weeks after the accident. Sometimes, the effects of such an event on an unborn child don’t manifest until sometime after the incident. If you do lose the child as a result of the accident, you may want to consult an attorney.

Contact Us

Losing a child unnecessarily is devastating, but Texas is one of the states that recognizes life as a person early on. You can’t get your child back, but you can facilitate a criminal case and file a civil action against the person responsible. For more information, contact our team in San Antonio for a free consultation.
Posted by at 11:38 pm

San Antonio Pedestrian Accidents

Wednesday, September 9, 2015
Every year in the San Antonio area and throughout the State thousands of pedestrians are injured or killed in motor vehicle accidents. In fact, over the past few years in North Texas  alone, hundreds of pedestrians have been seriously injured or killed as a result of being struck by a motor vehicle. Pedestrian knock down accidents are usually the fault of the drivers of motor vehicles. Among the more common causes are drivers who speed, run traffic signals or fail to yield the right of way to pedestrians, particularly those within a crosswalk when making a turn. More recently, inattentive or distracted driving has been identified as the most common cause of motor vehicle accidents in the San Antonio area. This is often seen with cell phone use and texting or simply a driver not paying attention. Laws exist in Texas whose goal is to protect pedestrians from being the victims of motor vehicle accidents. Often, the key to the successful resolution of these claims is having an attorney familiar with the various sections of the Texas State Vehicle and Traffic Laws.   It is imperative that an attorney be familiar with the insurance laws applicable to a given accident to insure that the victim receives the fullest recovery allowable under the law. There are also laws that proscribe the time limits within which a person injured in an automobile accident must take certain steps to protect their legal rights or forever be prevented from proper and adequate compensation. As mentioned previously, pedestrian accidents often result in serious injuries. In many accidents, a pedestrian sustains what is commonly known as a “bumper fracture.” This occurs when a car bumper hits the pedestrian’s pelvis and legs shattering his or her bones. Another common injury involving pedestrians occurs when a pedestrian is “scooped” off the ground by the front of a car and smashed onto the hood and the windshield causing traumatic brain injury. Further compounding this injury is the natural reaction of the driver to step on the brake. This results in the pedestrian being thrown to the ground, causing further injury to the brain as well as spinal and pelvic injuries. The following are but a few examples of pedestrian accidents that occurred in the San Antonio area in 2015: Lewisville, Texas – On September 9, 2015 two elementary school-aged kids, a boy and a girl were struck by a car. It happened in the 800 block of S. Valley Parkway, outside the Sun Valley Aquatic Center. Both children are conscious.  The girl was airlifted to the hospital.  The boy was taken by ambulance. Each were in serious condition but talking to first responders and expected to recover. San Antonio, Texas – On April 5, 2015 a 20-year-old Southlake college student was struck and killed by a hit-and-run driver in San Antonio. The accident happened near the DART rail station in the 5500 block of Mockingbird Lane, near North Central Expressway. Paul Robert Miltenberger, a sophomore at the University of Missouri, was not in a designated cross-walk area, according to police, when he was hit and killed on Mockingbird Lane. San Antonio police are looking for the driver of the black Dodge Charger who hit Miltenberger and never stopped to render aid. San Antonio, Texas – On January 23, 2015 a shuttle bus driver crashed into two hospital employees walking to work Friday Morning. Police say 61-year-old Randal Dygert, a registered nurse, died from his injuries. Dygert and a female employee at Parkland Hospital were crossing Harry Hines at Medical District around 7 am when they were hit. Police say the shuttle bus, operated by the private company ‘Buses By Bill’, was in route to drop a patient off when the vehicle struck the pedestrians. Authorities say the bus dragged the man about 50 yards before coming to a stop. Hospital workers say the intersection can be very dangerous, “ like New York down here”. The personal injury attorneys at the Law Firm of Aaron A. Herbert, including Board Certified Personal Injury Attorney Aaron Herbert, have helped thousands of individuals and families suffering serious injuries or death as a result of a pedestrian being struck by a car, truck, bus or other motor vehicle. We retain experts such as  accountants, financial analysts and economists because every personal injury case has its own set of associated costs, including pain and suffering, lost wages, the cost of care and many other monetary costs. In order to accurately assess what these costs will be for the remainder of a victim’s life, we use financial professionals to derive fair resolutions for injury victims. Additionally where necessary we retain the best accident reconstruction engineers in the field. It is also often necessary to retain a biomechanical engineer where the cause of the injury is challenged.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:
  • Traumatic brain injury (TBI).
  • Spinal cord injury.
  • Limb loss and traumatic amputation.
  • Internal injuries.
  • Disfigurement.
  • Fractures, such as a broken leg, arm, rib or pelvis.
  • Neck and back injuries.
  • Sprained or torn ligaments.
  • Contusions, lacerations and abrasions.
In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 8:40 am

San Antonio Pedestrian Accidents – Seniors face Higher Risk of Injury or Death

Tuesday, August 18, 2015
< Statistics are clear – senior citizens face a higher risk as pedestrians than other age groups. Approximately 25% of all pedestrian injuries and fatalities in the United States involve senior citizens.  Going back as far as 1975, No change has been seen in regards to senior citizens fatalities in pedestrian vs. auto accidents, despite a decrease in fatalities reported in regards to younger age groups.  The oldest members of our community continue to have the highest injury and death rates of all pedestrians. North Texas has one of the fastest growing “pre-senior” population (age 55-64) in the nation and also ranks high in senior (age 65+) population growth. Over the next several decades, the 65+ population is expected to continue to grow rapidly both in number and as a share of the population. A growing senior population brings new opportunities and challenges. As we age, the majority of us share a common goal: to live independently and safely in our own homes and engaged in our communities for as long as possible. But without an effort to determine and change the root causes of the number of older citizens injured in San Antonio Pedestrian Accidents, there will likely be even more serious injuries and deaths as the number and percentage of senior citizens increases. Physical limitations may play a role in the this skewed statistic. Senior citizens should by all means keep up physical activity such as walking as the health and emotional benefits outweigh the risks of an auto vs pedestrian accident. Some elderly Americans have limited vision and hearing and thus may be less alert to the traffic around them.  Limitations in peripheral vision may prevent elderly ones from seeing oncoming traffic.  Additionally, overall vision changes due to the aging process may make it difficult to  judge traffic distance and speed. Pre-existing spinal and neck issues can cause some senior citizens to become permanently stooped over or without the ability to turn or lift their neck/head  to properly see traffic conditions around them.  Additionally, some seniors may have smaller physical frames making them less visible to motorists. Drivers are often fail to take a pedestrian’s age and abilities into account. While the driver of a motor vehicle is required in most cases to yield to pedestrians in Texas, some either just don’t see the pedestrian until it is too late, or even try to drive around the pedestrian. Texas drivers that attempt to drive around a senior citizen or time when they can safely pass, often inadequately take into consideration that elderly pedestrian may be slower in crossing a street and drivers may fail to react accordingly when slowing or braking. When a senior citizen is facing a three thousand pound (or greater) motor vehicle barreling towards them, they are often physically unable to move to get out of the way in the same manner in which a younger individual could. What is worse, while the injuries caused to an pedestrian hit by a motor vehicle are nearly always life threatening, senior citizens have the greatest difficulty surviving those injuries, take far longer to recover, and are more likely to face injuries that limit their mobility for the remainder of their lives. Senior Citizen Pedestrian Injuries and Deaths can be prevented. The following are examples of ways to significantly lessen the likelihood of a pedestrian being hit by a car:
  • Make eye contact as much as possible with drivers.
  • Avoid trusting the system. Many kind drivers who wave us on may lead us to ‘expect’ such behavior from all drivers. Don’t!
  • Use marked crossings if possible when crossing streets.
  • Carry a flashlight if walking in the early morning or dusk and/or use a headlamp.
  • Avoid wearing black and other dark colors.
  • Wear reflective clothing such as a reflective vest.
  • If possible, exercise or walk in places set aside for this purpose.
  • If walking on streets, use sidewalks as much as possible.
  • Elderly ones of short stature may wish to carry a lightweight, small, reflective orange flag to help makes them ‘visible’ when crossing in front of high vehicles such as buses and SUV’s.
  • When there are no sidewalks, walk facing traffic.
  • If walking for health, get a buddy. Two people are more visible than one!
The pedestrians increased ‘vulnerability’ requires motorists exercise great caution.  Yet, inattentive and careless motorists on the roadways are the primary cause of accidents involving elderly pedestrians.  Negligence and gross negligence remain the root of  senior citizen and pedestrian collisions.  If you find that you are a senior who was hit by a car, don’t allow the insurance company to bully you into feeling like the accident was your fault.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:
  • Traumatic brain injury (TBI).
  • Spinal cord injury.
  • Limb loss and traumatic amputation.
  • Internal injuries.
  • Disfigurement.
  • Fractures, such as a broken leg, arm, rib or pelvis.
  • Neck and back injuries.
  • Sprained or torn ligaments.
  • Contusions, lacerations and abrasions.
In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.  
Posted by Aaron Herbert at 10:03 pm