Tips to Follow After a Motor Vehicle Collision
Most of us will be involved in an auto accident at some time in our lives. And contrary to popular belief, most accidents are due to unforeseen events, not due to a driver’s recklessness.
Failure to Wear a Seat Belt Has Unintended Consequences
For decades, common knowledge in the State of Texas has held that your use or disuse of a seat belt cannot be addressed by the defense in an accident injury case. Most Texans have operated under old knowledge. It is true that until very recently the lack of seatbelt use could not be used to demonstrate negligence on the part of the injured person. For more than forty years, this has been the way things are done. It is imperative for Texans to understand the change in this law and what it means in a potential lawsuit.
Will the fact that I was not wearing a seatbelt affect my case?
THE QUESTION: I was in a car acccident and suffered injuries and property damage. The insurance adjuster asked me if I was wearing my seatbelt during the accident, but the wreck was not my fault. Will the fact that I was not wearing a seatbelt affect my case?
The Most Wonderful Time of the Year is Also One of the Most Dangerous on the Road
I get it, I really do. It is the holiday season and there are parties and get-togethers all season long. From the company holiday party to opening gifts at the in-laws, merrymaking stretches from Thanksgiving Day until New Year’s Day. Nothing goes with the festivities better than a cup of our favorite Christmas Cheer. Sometimes another, and then another.
Texas Winter Driving
Our neck of the woods may not be known for blizzards and ten-foot snow drifts, but we still get our share of winter weather. If anything, driving conditions this time of year tend to be unpredictable. In fact, that unpredictability is one of the factors that can lead to accidents when the roads get slick. In other parts of the country winter driving becomes second nature. But here, winter weather can throw us for a loop. Just a few inches of snow or a thin coat of ice on side roads puts plenty of drivers in the ditch.
Can I post pictures and other information about my injuries and my car on social media? Why?
In short, no. You should never post photos or other information about your car accident to Facebook, Twitter, or any other social media accounts.
The best answer to this question comes in the form of advice. Shut down your social media accounts immediately. Why such an extreme stance? In the case of a lawsuit, the other side can subpoena access to your accounts, even if the accounts are set to private.
The other person is at fault. Why isn’t their insurance company paying for my medical bills?
Unfortunately insurance companies don't pay bills as you incur them. Insurance companies will argue that the doctors billed unreasonably, that some of the treatment you received was unnecessary, etc. They can't fight it if they have already paid it. Also, they want to make you prove that your treatment was related to your auto accident and was not a preexisting issue for which you were already receiving treatment. Insurance companies for the negligent parties will offer one lump sum settlement at the end.
Why should I hire your firm?
- We are a small firm, so you get individuals that genuinely care about you and your claim, and we offer personal attention.
- You can reach us when you have questions and there are no stupid questions.
- We have trial experience, and we are not afraid to pursue a matter to litigation and through trial if we feel the insurance company is not making a fair offer.
Why do I have to use my own auto insurance if someone else caused the accident?
That is what your insurance is there for - to protect you in the event of a motor vehicle collision. There are a few different coverages you may have that could apply to a collision that was not your fault. You may have Personal Injury Protection ("PIP") benefits that are intended to pay your medical expenses up to the amount of your PIP benefits.
How long will my case take?
Every case is different and it depends on a number of factors. The more severe your injuries are, the more likely you are to need extended treatment. For example, a broken pelvis may require surgery and a lengthy physical therapy regiment whereas, a strain and sprain may only require 4-6 weeks of physical therapy. We don't resolve your claim before you complete treatment. If your claim can be resolved without the necessity of suit, it generally takes 3-4 months after you have completed treatment to settle your claim.