Most people are well familiar with the dangers of driving while intoxicated but driving while distracted has potential consequences that are just as dangerous. And while you may be more likely to encounter a drunk driver during certain times of the day, a distracted driver can disrupt your life at any time.
Basically, distracted driving is inattentive driving, often as a result of talking on a cell phone, texting, engaging in conversations with passengers, “zoning out” while driving (a common problem with tired drivers or drivers who travel long distances without taking adequate breaks), or paying too much attention to onboard entertainment. More here on this website
GHSA Report
The Governors Highway Safety Association (“GHSA”) released its report Distracted Driving: What Research Shows and What States Can Do. Among the findings:
Distractions affect driving performance.
Drivers frequently are distracted, perhaps as much as half the time.
Distractions are estimated to be associated with 15 to 25 percent of crashes at all levels.
Texting likely increases crash risk more than cell phone use. [1]
Based on existing research, the report urges states to:
Use low-cost engineering solutions such as edge line and centerline rumble stripes to alert motorists who may drift.
Record distracted driving in crash reports.
Evaluate other distracted driving laws and programs. [2]
The report further urges states to consider the following:
Enacting a texting ban for all drivers and a complete cell phone ban for new drivers; and/or
Enforcing all existing cell phone and texting laws. [3]
Dangers of Texting While Driving
Generally, there are three broad categories of distracted driving:
Manual – taking your hands off the wheel;
Visual – taking your eyes off the road; and
Cognitive – taking your mind off driving.
TEXTING IS ALL THREE DISTRACTIONS TYPES IN ONE. The potential dangers cannot be overstated. A text message averages 4.6 seconds; at 55 miles per hour, that’s 100 yards (the length of a football field) of driving blind![4] More on this website
Survey of Current Cell Phone and Texting Laws
Texas currently has state laws in place that restrict cell phone use in certain circumstances. The following is a brief summary of the state’s current laws:
Texas
Ban on all cell phone use (handheld and hands-free) for bus drivers
Ban on all cell phones (handheld and hands-free) for novice drivers
Ban on texting for all drivers
Ban on texting for bus drivers
Bans all drivers from using phones and text messaging in school zones[5]
Our Commitment
At our Law Office, we are dedicated to pursuing the rights of victims of distracted drivers. Towards that end, we bring a commitment to staying as current as possible on relevant authorities, including changes in the law and scientific studies on distracted driving. If you or a loved one have been injured as a result of the negligence of a distracted driver, call us today for a free consultation with a dedicated Texas auto accident lawyer.
This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
After hearing about your car accident injuries caused by a careless driver, your friends or family will probably tell you that you should sue for damages. You want to, but you aren’t sure if you have a valid claim. You may wonder, “Do I have a case?”
In order to answer this question, you will need to learn the basic law regarding car accidents and know what you could be entitled to, based on the particular circumstances of your case. You must also gather several forms of information regarding your car accident.
You are probably in a great deal of pain from your injuries and anxious about your medical bills. Or perhaps you are grieving a loved one who is suffering due to car accident injuries. Perhaps you have lost a loved one.
It is at this point that you need an appointment with a qualified personal injury attorney.
Give us a call toll-free or email us to talk to one of our experienced car accident lawyers.
One of the most important steps to take after your car accident is collecting all relevant information related to your car accident. A police report is a vital document. Document the names of the officers who responded to the accident.
Additionally, talk to individuals at the accident scene such as witnesses or passengers who may be able to provide additional information and fill in any gaps.
Hold onto all paperwork related to medical treatment. Keep a detailed log of all treatments and procedures as a result of the accident. Remember the names of every doctor you speak with, even doctors who simply refer you to someone else.
Keeping a journal is also highly recommended. Record any days you missed from work and document all of the ways your daily life has been disrupted because of the accident.
Negligence is the core legal theory on car accident lawsuits. The law presumes that every driver has a duty to drive with reasonable care. A driver who fails in this duty and causes harm or injury to someone else is negligent and can be held legally responsible.
For example, a driver has a legal duty to obey traffic signals. If a driver fails to stop at a red light, the driver has breached this duty. If the driver’s vehicle strikes your vehicle, causing you injuries and perhaps vehicle damage, there is a good chance a jury would determine that the other driver was negligent.
Since a negligent driver is legally required to compensate you for the injuries you suffered, you may have a valid case.
You may feel as though your accident and injuries were caused by another driver’s negligence, but you still aren’t sure if you have a case. You want assurance from someone with the proper skills and knowledge before you file a lawsuit.
If you suspect that negligence caused your injuries, it is time to speak with a capable and compassionate personal injury attorney who can vigorously advocate on your behalf. It is minimal or no cost for an initial appointment, and the attorney will provide an honest assessment of your circumstances and your chance for success.
Call us toll-free or email us today to make an appointment with one of our car accident lawyers to discuss your accident and potential claim.
Even a small auto accident can escalate into a huge problem, but these can grow even bigger when a teenager is driving. The attorneys at our Law Firm are especially sensitive to the complications that present with a teen driver accident. If you or your teenager were injured or killed, our approach is to fight your case fiercely but compassionately.
When a teen driver is involved in an accident, it is likely that he/she will be presumed to be at fault, at least by the other driver. Not because they were at fault, but because teens have a reputation for inexperience, distracted driving, and reckless driving. Statistically, the younger and less experienced the driver, the greater the risk of accidents. More on this website
The teen driver’s age alone might tempt another driver to try to blame the teen or to at least diminish or hide his own contribution to the cause of the accident. People are too ready to believe the teen driver caused the problem, not realizing that statistics showing the percent, or portion of accidents caused by teen drivers are also showing the percent of teens who have NOT caused accidents.
The fault should not be implied; it must be proven. If you are the teen in question, and you were not at fault, we will work diligently to protect you and your rights and will make sure that you are shown to be among those teens statistically not at fault.
There is a long list of dos and don’ts on what to do at the scene of an auto accident. We advise drivers to say as little as possible and never admit fault or even hint that they might be at fault. A simple statement admitting that you did not see something, or that you were not hurt, could come back to haunt you later. Be sure to read our list of steps to take for more details as this will help protect your rights. More information on this site @ https://www.accident-lawyers-dallas.com/car-accident-attorneys
The attorneys at our Law Firm will make sure that a thorough investigation is done to discover all of the facts, including witness interviews, record reviews, analysis of procedures to be sure the report was handled impartially, scene investigation, examination of photos or video that may be available, examination of medical records and history of all drivers, just to mention a few of the pertinent facts.
For a no-cost consultation with an accident attorney who cares about your case, please contact the experienced Texas-based auto accident attorneys at our Law Firm
Scenarios that Will Quickly Tell You If You Need an Experienced Local Auto Accident Attorney
A red car and one black crash in an accident
The insurance company offers you a settlement before the full extent of your medical treatment is established.
The insurance company offers you less money than what’s due on your car loan.
The insurance company doesn’t offer you a rental car while a mechanic is servicing your vehicle.
The insurance company tells you they’ll pay your claim when you submit your bills, but then refuse to do so or keep stalling you when you ask for payment. (an aside, you should NEVER submit original bills, but copies, if the carrier asks for the originals, call a lawyer immediately!).
The insurance company takes too long to respond to your inquiries (this could mean that they’re investigating your claim behind your back and haven’t yet told you they’re not planning to pay your claim).
The insurance company tells you that a settlement offer is “all that you’re entitled to” or “the best you’re going to get.”
If you’re lucky, and none of the above circumstances apply, the odds are pretty good that you can handle your case on your own, without the assistance of a lawyer. Sometimes, car accident victims can successfully protect their rights when they’ve been involved in a wreck, which resulted only in damage to their vehicle. If your car was damaged, but you’re not injured, insurance companies are bound by strict guidelines when it comes to compensating you for damages to your vehicle or its replacement. Since these guidelines give them little wiggle room, insurance companies have fewer opportunities to rip you off when they reimburse you for your repair bills or vehicle replacement. More on this website
If you have been in a car accident in our community, you need to contact an attorney who can give you the best results possible. Our attorneys suggest that you speak with two or three attorneys before deciding on the one to handle your case. When consulting with one, ask about their experience in handling cases similar to yours and make sure to discuss this lawyer’s record in litigating and settling similar car accident cases. Also, ask the attorney to provide you with a few names and contact information or a few former clients with cases similar to yours, and then call them. Do not hire an attorney unless you trust him or her and are confident in their ability to represent you in a way that you are comfortable.
The auto accident attorneys with our Law Firm have been handling car accident insurance claims and litigation for decades. We’ve won favorable verdicts and negotiated fair settlements against nearly every major auto insurer in the state. We know the ropes and have dealt with virtually every insurance company's claims denial. We also know their denials are almost universally without foundation. Insurance companies recognize our name and the reputation that precedes us. Both are very helpful in securing our clients’ fair compensation from these insurers: both the carriers that cover the negligent drivers as well as yours if they balk at honoring your UI/UIM claim. Our business is making sure that you recover as much as possible for your injuries and simplify what, to many, is a complicated and extremely dubious legal process. Below is a list of some of the services that we provide for our clients:
Conducting an in-depth investigation to determine the cause of the car accident: including full asset checks, insurance coverage, and all possible resources that must pay damages.
Gathering evidence, including witness statements, photographs, forensic tests, and police reports necessary to help prove your claims.
Manage your claims process with all affected auto insurers and shield you from the unscrupulous tactics of their adjusters.
Responding to and send discovery requests; we manage ALL the paperwork and phone calls related to your claims.
Fairly and accurately calculate all damages arising from your car accident and prove your fair compensation amount.
Use our hard-won reputation to persuade the defendants into a settlement.
File lawsuits and argue them aggressively to prove your damage case to a jury.
The time after being seriously injured in a car accident is often stressful and confusing to the victims and their families. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your (or your family’s) best interests. We are uniquely qualified and fully prepared to fight for and win the fairest compensation for your total damage claims. If you or someone you know was injured in a car accident, contact an attorney at our Law Firm today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.
An experienced auto accident lawyer with our Law Firm will analyze your case and explain your options so that you will fully understand them. We want to make sure that you recover as much as reasonably possible for your injuries and make this sometimes complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial harm, and get back on the road to recovery.
If you or a loved one have recently been involved in a serious vehicle rollover accident, your tires might have played a part, or even been the cause of the mishap. Because of the injuries and other damages you’ve experienced from this unfortunate event, you have a right to seek fair compensation from any party whose negligence played a role in causing that wreck. Might your tires have been defective either in the way they were designed, constructed, or maintained? If so, then this article about the part tires play in rollover accidents will be of great benefit to you as you consider your legal options. 
Tires are the most vital safety system on your car because they are your first line of defense against the road itself. If a blowout suddenly happens, especially if you are traveling at high speeds, and some sort of tire defect or negligent service work is the culprit, the results can be catastrophic when that tire causes you to lose control. These accidents also endanger the people and the property that is in your uncontrolled path of careening destruction. See more here on this website
Defective tire accidents usually display a different series of characteristics not found in other vehicle mishaps. Tire blowouts and their subsequent rollovers can be quite complicated due to the forensic difficulty and many various factors that can come into play. More than one party could be liable for the injuries (or deaths) to the vehicle’s occupants, and property damage. Compensation will depend on your ability to find and retain the right Texas tire defect attorney who understands all nuances of these contributing elements and how they relate to each other in your accident. When you think about it pragmatically, the only realistic strategy for you to recover fair compensation through a civil action against all responsible defendants involves just such a lawyer.
More expensive legal damages commonly arise in defective tires and blowout wrecks. They usually create serious, even gruesome injuries to their victims. And an unusually large number of deaths are found in defective tire and rollover accidents: more than in any other kind of vehicle wreck, with the possible exception of those involving 18-wheelers.
But it is not unusual to find many denied claims by the involved insurers, which means the numbers of civil actions arising from defective tire/rollover accidents can be high simply because of these denials. Therein lies a problem for the victims since there are so many discrete factors in identifying the causes of defective tire and blowout accidents. These injury cases are very tricky to successfully settle or decide in your favor without a skilled defective tire attorney at your side. Please also visit this website
For decades our Law Firm has helped many victims and their families of defective tire, blowout, or rollover accidents. If you or a loved one has suffered from such an accident, you should call us today to arrange for a free consultation with our team of experienced accident injury lawyers. We are adept at representing victims of wrecks caused by defective tires and blowouts. We can answer any of your questions about the specific details of your case and help you on the road to recovery.
After a car accident involving you or a loved one, you must protect your legal rights against those who would deny you fair injury compensation. Car accidents are a common occurrence and can be little more than a minor fender bender in a parking lot. But just as often, they can be destructive wrecks that cause devastating injuries and deep scars, physically and psychologically. The lives of the victims and their families are thrown into chaos after a serious auto accident in which they were reluctantly involved.
Personal Injury
After a serious accident involving injuries, you are entitled to seek compensation for the financial, physical, and emotional damages you suffered from the car crash. But without intimate knowledge of your case, it is impossible to compute the amount you may be entitled to. Due to the damages, you have a right to seek compensation depending on the unique circumstances of your case. We’re here to help you understand the need to hire an attorney with successful experience in personal injury if you wish to receive the fairest legal damages. You’re welcome to try and handle this matter on your own if you want or hire your nephew who just passed the bar. What we hope to do is explain some of the basics of auto personal injury cases for you. If you’ve been involved in a little fender-bender with no complications or injuries other than a headache, you can probably handle things on your own, so long as you’re cautious. If you call your auto accident a “car wreck,” we strongly urge you to quickly retain an experienced local auto accident attorney who knows the ropes surrounding Texas car accident litigation.
How do we determine whether or not we have a successful personal injury case against a defendant who should reimburse us for our injuries? All actual accident victims have a legal right to collect damages by proving the four elements of a car accident claim. Since you will be the one asking for compensation, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants who only have to deny and disprove your claim.
There are four elements to proving injuries against a defendant. You must demonstrate your charges are true. They are duty, breach, causation, and damages. A brief overview of each is below:
Duty - The defendant owed you a duty of care to exercise a certain level of caution to ensure that you would not get hurt. Texas Civil Codes and Procedures set the level of duty that a person or organization owes to another depending on the circumstances of the situation that are considered within the relationship of the parties involved at the time. Proving that the defendant owed you at least some duty of care will probably be reasonably uncomplicated since nearly all drivers owe each other the general duty to drive reasonably to keep others safe. Unless there are unusual circumstances, and there are a few, the chances are that a general “reasonable person standard” applies to the defendant (or defendants) in your case.
Breach - In a vast majority of personal injury cases, plaintiffs and their attorneys need to clearly show that the defendant drove in a way that a reasonable person would not have driven. If the defendant in your case drives unreasonably only for the moments immediately leading up to your car wreck, he can be held responsible for the consequences of his negligent actions that caused you harm. Successfully proving that the defendant breached his duty of care is done when you and your attorney present evidence to remove any doubt that what the defendant did (or failed to do reasonably) caused the car wreck. The jurors in your case will consider your charges of the breach along with additional evidence that clearly illustrates the defendant’s actions (and malicious intent if it was present). During their deliberations, they rule the defendant behaved either reasonably or unreasonably. Offenses such as speeding, recklessness, driving at night without headlights, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court.
Causation - You must now demonstrate that the defendant breached his duty of care through negligence. But simply showing that this person might have been negligent isn’t always enough to win your charges that the defendant is responsible for your auto wreck. Because in his attempts to deny causation, a defendant will often argue “unforeseeable circumstances” such as other drivers, pedestrians, or even you, caused the wreck instead. This argument is the last resort for an accident defendant to wiggle out of liability for your injuries. So expect them to swing from the floor and claim anything from a homeless person stepping in their way and forcing them to hit your vehicle, to their toddler threw a bottle of apple juice at the driver. Maybe it happened, perhaps it didn’t. But how do you disprove the defense? It’s up to you and your accident injury lawyer to thwart their excuses, or the happy defendant skips out of the courtroom. So it’s essential to have sufficient evidence to prove any defense that is thrown at you and nail down the defendant’s conduct that seriously hurt you.
Damages - It’s now time to establish the amount of money you are entitled to collect from the defendant and hand him the bill in court. The term “damages” isn’t limited to just your injuries and the bills that must be paid. It refers to the entire monetary value of your injuries (the sum of money) you’ll recover from the defendant if you win your case. Damages often include pain and suffering arising from your injury, present lost wages as a result of it, and loss of future earning capacity if your injury leads to long-term disability. Included, of course, is repair or replacement bills for your auto and any items of worth that were destroyed in the wreck. All these and even more might be available to surviving family members if the victim dies in the wreck. So you’ll need to calculate what you’re owed and provide airtight evidence to support your calculations.
You have your figure and the defendants have theirs (often less than your price tag). Damage amounts are almost always the most contentious issue in a car accident case or insurance claim. Defendants typically argue that they owe you much less than you might claim (if anything at all). They’ll accuse you of asking for a handout and say your requested amount is far higher than traditional payouts. Often the accusation that you’re filing a frivolous lawsuit isn’t far away either. This argument is usually the last stand a negligent defendant makes. So you must clearly show the jury that your requested damage amount is realistic and proportional to the harm done to you and finish your case strongly with clear evidence that proves your losses are the actual total of your damages. More on this website
Accurate determination of damages is as essential as the other three burdens of proof since you have only got one shot to receive compensation from any single defendant. There are no do-overs. But computing every individual loss is a challenge without an experienced auto accident attorney who knows the value of personal injury losses and how to effectively calculate them. How do you accurately represent an intangible loss such as pain and suffering, or that of your child? When calculating the loss of earning capacity, if you are permanently disabled, how do you account for hypothetical raises and promotions you would have earned had you continued to work? Perhaps you would have gotten a promotion or were hired away by another company at double your current salary. How can you calculate how much all of your medical bills will amount to if your treatment is not yet complete, and your doctor can’t tell how long it will last? We at our Texas Law Firm know how to account for and calculate every one of your damages. We make doubly certain that you recover as much as possible from your injuries.
Call us today. One of our accident injury attorneys will patiently listen to you, analyze your case, and explain your options. Our goal is to make sure that you recover as much as possible for your injuries and make this sometimes complicated legal process as easy as possible for you to bear.
The period after a car accident is often stressful and confusing. Don’t add to it and the confusion it creates by letting an inexperienced attorney handle your case or represent yourself when you are unqualified. With decades of experience, we are uniquely qualified and fully prepared to get you the best results possible. If you or someone you know was injured in a car accident, contact an attorney at our Texas Law Firm today for a free consultation and find out how we can help you.
While there are many variables that determine the outcome of a car accident lawsuit, there are certainly several things that successful cases all have in common. By following the below list immediately after an accident, you will stand the greatest chance of obtaining fair compensation.
Odds are, you, your family, or someone you love will be involved in one of these accidents and will suffer economic loss as a result. Our law office has assembled this article for your benefit and is designed to educate and equip you to use Texas Car Accident laws to your full advantage. Reviewing this article will assist you in receiving any medical care you might need after an accident, and to maximize your recovery for economic loss that you might experience as a result.
The best time to collect evidence of the accident is immediately after it happens. Too often, precious evidence is lost or becomes undiscoverable when it is not collected immediately. Ideally, you should begin the following steps (discussed in detail below) the moment you step out of your vehicle after you’ve been in an accident. If you are unable to do any of these steps yourself, have a family member or friend do them for you.
Step 1: Take a Deep Breath and Try to Remain Calm
Simply put, car accidents are stressful. After an accident, you may experience a range of emotions in addition to any injuries you’ve suffered. Although you are justified in being upset, it’s important to keep your emotions in check. A clear head and a well-executed plan are necessary to maximize both recovery and your rights under Texas law. More information about car accident law here @ https://no1-lawyer.com/car-accident-lawyer-el-paso/
Step 2: Get Medical Attention, Even if You Think Your Injuries Aren’t Severe
Sometimes the most serious injuries are those that aren’t apparent immediately following an accident. Adrenaline and other hormones often trick our bodies into thinking that our injuries aren’t severe, and mask the full extent of our injuries until after we’ve left the scene of the accident. The dangers of undiscovered injuries are very real, as failure to obtain immediate medical attention could cause irreparable injury or death. Thus, it is good practice to call EMS to evaluate your injuries, even if you think they aren’t severe. Also, when an ambulance ride is offered, it is good practice to err on the side of caution and take it. Odds are that an ambulance ride is being offered to you because a trained paramedic realized that you need medical treatment that is too severe to be treated at the scene.
Similarly, it’s important to not downplay your injuries to police or medical personnel. Even highly qualified medical personnel, including paramedics and doctors, usually require full disclosure of your injuries to make an accurate diagnosis and to prescribe a comprehensive treatment plan. Although you may be tempted to “be strong” for loved ones, it is more important that you address your injuries frankly and directly. Please click on this link @ https://fordandlaurel.com
Promptly obtaining medical attention for any injury, no matter how small, is essential to obtain maximum recovery for your injuries. If you fail to obtain medical attention immediately following the accident, the defendant may claim that your injuries were caused or aggravated by an outside force. As the person seeking recovery for your injuries, you have to prove that the defendant caused them. Here’s an illustrative example: say that you only feel a bit sore after you’re rear-ended by a distracted driver. Two weeks later, you are having a hard time breathing so you go to the emergency room, where your x-ray shows that you have several broken ribs and a punctured lung, which was caused when you were rear-ended. Here, the defendant will claim that something else must have happened and will argue that anyone who has a broken rib or punctured lung would need immediate medical attention. As a result, the court may believe the defendant and limit your recovery to soreness instead of broken ribs and a punctured lung, an amount that is significantly less. Thus, it’s in your best interest to obtain medical attention immediately after you’re in an accident to obtain a complete recovery for your injuries.
Step 3: Call the Police for an Officer to Come to the Accident Scene to Write an Accident Report, and Explain the Accident to the Investigating Officer in Explicit Detail
Obtaining a police report should be one of your main objectives after you are in an accident, even where the other driver immediately and clearly admits fault. A police report is a document prepared by a police officer that includes the names, addresses, and insurance information of all parties involved, as well as the investigating officer’s findings as to the cause of the accident.
Although having an officer write, and later obtain, a police report may seem confusing or intimidating, our law office has simplified this process by outlining steps and tips designed to assist you in procuring a police report below. In addition, a competent car accident attorney is able to do most of this for you. However, in the event that you have not retained an attorney, such as immediately after the accident occurs, the following steps are helpful.
The first step is to call the police immediately after the accident occurs. Although you may suspect that someone has called the police on your behalf, you should call anyway to ensure that they arrive quickly and to disclose information that other drivers may not know, such as the existence and severity of injuries. Please note that it is important to obtain a police report for all accidents, regardless of the other drivers' admitting fault. Too often, the responsible driver changes their story after they leave the accident scene, leaving the victim without this crucial piece of evidence.
Second, you should give the officer a concise 30-second explanation of what caused the accident. Just the facts are needed here. For example, something as simple as this will work: “I was traveling east, and the other guy was traveling west. In the distance, I saw him swerving in his lane. He then swerved into my lane, and although I applied my brakes and tried to pull onto the shoulder to avoid him, it didn’t work and he ran into my car. After the accident, I noticed that my head was bleeding and I had a hard time breathing.” Note that officers only write a report if an injury has occurred, so be sure to disclose any injury that you’ve suffered, even if you think it’s small.
Third, you should describe the accident as accurately as possible to the officer. Officers use information from accident victims while compiling their reports, and it’s important that they have all of the facts. While talking with the officer, it is extremely important to disclose the full extent of your injuries. You should tell the officer of any injury you suffered as a result of the accident in detail, even if you think it is “small” at the time. Small injuries often become more severe after the passage of time, and it is crucial that the police report shows that the injury originated with the accident. In no event should you tell the peace officer that you are “okay” or feel “fine.”
When you wish to pick up a copy of the police report prepared for your accident, you might have several options to do so. Police reports are often available in person at the office that investigated the accident and are usually available two to five days after the report is written. Alternatively, your car accident attorney can easily obtain an accident report on your behalf.
Step 4: Obtain Information From the Other Driver
Your goal in talking to the other driver is two-fold: First, to elicit evidence that shows that they were at fault in causing the accident, and second, to not inadvertently admit that it was your fault.
When talking with other drivers involved in an accident, ask questions that are helpful in determining if it was irresponsible for them to be driving in the first place. For example, if their speech is slurred or they are unable to walk normally, ask them questions such as “have you been drinking alcohol?” or “are you under the influence of drugs?”
Although a confession is ideal, the other driver may attempt to conceal their liability from you. When that happens, ask them questions that cut through their concealment and reveal the truth. Helpful questions include:
“Where are you coming from?” The place where the other driver is coming from can have wide implications on his liability for causing the accident. For example, if the driver is on the way home from working a night shift, he might be too tired to drive responsibly. Or, if a driver has left a bar or restaurant, he may have consumed too much alcohol, and as a result, drove recklessly and caused the accident.
“What were you doing when the accident happened?” This question is important because it will tell if the driver was distracted when the accident occurred. A distracted driver is a dangerous driver. Distractions come in several forms and include talking on the phone, texting, arguing with a passenger, shaving, putting on makeup, and attempting to retrieve something dropped on the floor. In Texas, drivers have the duty to operate their vehicles in a responsible manner, which includes driving while not distracted.
“Were you in a rush to get somewhere?” This question is important because it will tell if the driver may have been driving negligently or recklessly when the accident occurred. People who are in a rush often don’t use their best judgment and may have operated their vehicles in a manner that is unreasonable under the circumstances.
Additionally, you should never admit that the accident was your fault, in full or in part, to the other driver, to medical personnel, or to police officers. Similarly, although you might feel bad or sorry for the other driver, you shouldn’t say anything that reduces his fault in causing the accident. Your objective in obtaining maximum recovery is to be pleasant, but stern in asserting the cause of the accident. Note also that the cause of an accident is often complex, involves several factors (some of which may be unknown to you), and requires the opinion of an expert. Admitting that the accident was your fault before an expert analyzes the facts may cause substantial and irreparable damage to your case, and almost always unfairly benefits the other driver when the accident was really their fault.
Step 5: Talk to and Obtain Information From Witnesses
Witnesses are an excellent resource for you to maximize your rights and recovery under Texas auto accident laws. Although helpful, you should exercise a level of caution when talking and obtaining information from them. First, under no circumstances should you admit fault to a witness. The other driver can use this information against you, even if it’s not included in the police report. Second, have all witnesses, when possible, give their account of the accident to a police officer for their report.
Step 6: Take Pictures of Everything
The saying “a picture is worth a thousand words” rings especially true for car accidents. It is good practice to immediately take pictures of anything you think may be useful in determining the cause and effects of the accident. Waiting to take pictures at a later date may be harmful to your case, as evidence may have been altered or may not be viewed credibly by a court. Importantly, pictures are crucial to a jury’s understanding of the case and are often necessary to obtain a full recovery for your injuries. In all cases, be sure to take pictures of the following:
The license plate on all vehicles involved in the accident;
All vehicles involved;
Any injuries you’ve suffered;
The other driver, and the other driver’s license and insurance card;
The accident scene from several angles;
Any incriminating evidence, including empty beer cans (even if in the bed of a truck), drug paraphernalia, or possible distractions inside the vehicle;
Pictures of witnesses and their license plates;
Pictures of traffic control devices, including stop signs and lights, mile markers, street signs, and traffic cameras; and
Pictures of landmarks to pinpoint the exact location of the accident, such as billboards and surrounding buildings.
Do you have a legal issue or question? Call us now.
Step 7: Call a Competent Car Wreck Attorney
If you’ve been in a car wreck as a result of someone else’s negligence, you may be entitled to compensation for your injuries and economic loss. It is important that you have an attorney that understands your rights and has a history of success in representing car accident victims. The team at our law office has a track record of success and has obtained numerous recoveries for our clients.
Our attorneys are available 24 hours a day, seven days a week, 365 days a year to provide a free consultation regarding your auto accident.
Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215
210-222-2288
29.431620
-98.483380
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Types of Accidents & Causal Factors
Important Information if You’ve Been Injured in an Accident With a Street Sweeper Vehicle
In most modern American cities, street sweepers are pretty commonplace. The Houston area is no different. Street sweepers are used for a variety of reasons, but most commonly they are used to remove the debris, trash, and glass that collect on our city streets and in parking lots. Street sweepers are large and built differently than typical commercial trucks and can be difficult to maneuver. Because of this, accidents with other motorists can and do occur.
If you have been injured in an accident with a street sweeper you may be confused as to what your next steps are. The company that owns the street sweeping vehicle may initially deny liability for your injuries and hope that you and your claim simply go away. Don’t let them get away with that.The lawyers at Our Law Office have over 20 years of litigating accidents involving commercial vehicles and we can help you with your claim.
When you have been injured in an accident with a street sweeper it may be difficult to understand who all the responsible parties are. Many times there can be layers of different parties involved when it comes to determining who liability should be assigned to in an accident with a commercial vehicle. The commercial trucking company could be using their own vehicle, could have contracted out the street sweeping duties to another smaller company, or could have contracted out to an individual with an independently owned street sweeping vehicle. In any of these scenarios, you will have to determine who is ultimately responsible for the street sweeper that injured you.
For example, if the commercial company owns the street sweeper vehicle and employs the driver that was operating the street sweeper when it injured you, determining the responsible party is probably going to be fairly straightforward. However, if the commercial company contracted the work to another smaller company many things will need to be looked at. You will first need to determine the status of the company the work was contracted out to, if they are an agent of the commercial trucking company or an independent contractor, and if the person operating the street sweeper was an employee of the other company or if they were a contract worker as well.
There are so many different issues to consider when making sure the correct party is held liable for your injuries after an accident with a street sweeper. Navigating this maze alone can be difficult, especially when the commercial trucking companies are not always forthcoming with the information that is vital to your case. You need someone on your side to help you get through the confusion and unravel the red tape to get to the truth. Let our truck accident lawyers here at Our Law Office help you cut through the red tape and get you the compensation you deserve from the parties responsible for your injuries.
By law, businesses that own and operate commercial vehicles in the state of Texas must carry a minimum amount of liability insurance on these vehicles. Because of the nature of the work commercial vehicles, including street sweepers perform, there is an inherent risk factor built-in. Street sweepers come in contact with pedestrians, motorists, and animals so naturally there is the risk of injury or even death to any one of these parties should an accident occur. As you can imagine it is expensive to obtain and maintain insurance on these vehicles and the commercial vehicle owners know this. These policies are worth hundreds of thousands or sometimes even millions of dollars, so the commercial vehicle owners and their insurance carriers will not take claims filed against them lightly.
The owners of the street sweeper truck that has injured you may not accept liability for your claim even when it is clear they are at fault. They do not want to put their insurance coverage in jeopardy by accepting fault for your injuries. This is why having the personal injury attorneys at Our Law Office involved early on is key. This is not something you should go through alone and the commercial vehicle owners and their insurance companies count on you being intimidated and frustrated by the process. Don’t let them bully you into walking away or accepting less than what you are entitled to for your claim. Call our offices today.
As discussed above, the commercial trucking companies do not want to be fair with your claim even when it is clear their vehicle and driver caused your injuries. Not only will they not treat you fairly, but they have aggressive attorneys on their side that will do everything in their power to make sure you walk away with nothing, regardless of the fault of the trucking company.
You can rest assured that the trucking company’s lawyers are not amateurs. They have years of experience dealing with these claims and know how to beat plaintiffs out of their compensation. These lawyers will work tirelessly to protect the interest of the commercial trucking companies and insurance carriers that employ them and will look for every loophole, excuse and justification for not paying you the compensation you deserve for your injuries. Your injuries and recovery are not their concern and they will not show you any compassion or fairness. They have a lot at stake and will do whatever is necessary to protect it. You should feel the same way. You need someone on your side who will work as aggressively to protect your interests just like the trucking companies and insurance carriers have. The wrongful death lawyers at Our Law Office will fight for your rights and help you through this difficult time.
If you have been injured by a street sweeping truck or any other commercial trucking vehicle it may be difficult for you to understand all the aspects of making a successful claim against the trucking company and its driver. Determining the proper parties to bring your claim against, fighting the insurance company and dealing with the aggressive lawyers to get your just compensation can take its toll. Understanding street sweeper accident claims and how to obtain the compensation injured victims deserve is something our lawyers at Our Law Office have a lot of experience with and we can help you. It is a certainty that the commercial trucking companies and their insurance carriers have aggressive attorneys on their side working against you, so you need an aggressive attorney on your side working for you. You don’t have to do this alone. Our attorneys are here to help. We would be more than happy to help you, call us. Anything you say will be kept confidential. Trust Our Law Office to handle your case, and see the difference it will mean for your pursuit of compensation.
Our vehicle accident attorneys would like to aid if you've been harmed in a motor vehicle accident. It is probable you have incurred health care bills, loss of income and pain and anguish as a result of your disability, and you may have to bring a personal injury claim to get compensation for the damage done to you. More information on this website @ Car Accident Attorney SA Attorneys At Law
You may, however, and will very probably need the help of a knowledgeable vehicle accident attorney to earn proper compensation. Most cases of motor vehicle accidents may be much more complex than they look at first, especially when the demand for compensation for personal injury is present.
Our Law Offices have handled legal action related to personal injury in motor vehicle accidents for two decades, and our firm wants to give you some introductory information so you may better understand the legal process of seeking compensation, and the challenges that probably stand in your way. Our firm wants to aid and educate you about your rights, so you may make the best choice for you and your family. However, this information is in no way a substitute for legal advice from a real lawyer who is familiar with the particulars of your case. As such, our lawyers are just a toll-free phone call away. The consultation with a vehicle accident attorney is absolutely free.
It is not a sensible idea to represent you even though it is legal. You may think you know the laws in their particular case, and if not you may certainly learn them rapidly using an Internet search engine. However, the mere knowledge of the laws in your particular case is not enough to prepare the process of a case. Sole years of training and knowledge in a court of law may teach lawyers familiar with the procedure required and the ability to design a strategy for success in a claim. In addition to knowing the law, they must be able to apply the law. A successful attorney must be able to consider the reports of witnesses and monitor the process. Not knowing the procedure leads to getting your case thrown out of the court of law. In addition, our extensive knowledge and professional success and reputation as knowledgeable, winning vehicle accident attorneys will increase the likelihood of a settlement without trial.
Do You Have A Personal Injury Claim From Your Motor vehicle Accident?
Another party was the cause of the injury to the victim. In most cases of vehicle accidents, this means that negligence was the cause of the accident or contributed to the cause of it by any act or omission that was dangerous. The victim has incurred financial losses, which are called the damages, following a crash. The purpose of the personal injury case is to compensate the victim, who is also known to the plaintiff for the damage he has on a continuing basis
In order to have lawful personal injury claims, all three conditions have to be met. If you have questions about whether or not there is cause for a personal injury claim for you, then contact a vehicle accident attorney toll-free and get a free consultation. Our firm can rapidly judge if you have a lawful and legal right and explain to you where you are legally in terms of a claim. 
If your damage in a vehicle accident was simply and solely property damage, then you likely do not need aid from a vehicle accident attorney. Either your own insurance provider or another motorist’s agent should be able to handle the claim without any undue hardship or challenge.
But if you have been harmed in a motor vehicle accident, then you'll very probably need the aid of a knowledgeable vehicle accident attorney to discover the compensation you are looking for. There are red flags that indicate your need for immediate legal protection regardless:
The settlement offer from the insurance firm does not fully compensate you for damage to your motor vehicle.
You lack health insurance and may not otherwise afford health care treatment. Our firm has doctors who may see you at no cost up front.
The insurance firm badgers you and evades coming to a resolution.
The driver submits insurance information, but it is an insurance firm that you've never heard of.
Insurance firms involved do not provide a rental motor vehicle.
Long before all the facts are known and the extent of your injuries has been established the insurance firm offers cash settlement.
The driver who is responsible for the crash is behaving aggressively or refuses to cooperate.
Forgoing on more than two decades, our vehicle accident attorneys have developed expertise in handling injury cases, and our firm has heard endless stories about bad drivers and unethical insurance firms taking advantage of inexperienced victims. Please contact us, you may make sure the protection of legal rights, which an expert staff of knowledgeable personal injury lawyers.
