What Happens After You’re Hit by an Intoxicated Driver?

New information has surfaced about the driver who allegedly caused the large bus crash involving the death of 12 people in Uvalde County, TX. The driver allegedly was on prescription drugs and stated that he was texting during the accident after he was caught on video swerving over the edge line more than 37 times. Intoxicated drivers hit people regularly, and there are some steps you can take to see if a drunk driver hit you in an auto accident.

How Do You Know if A Driver Is Intoxicated?

• Look for signs before the accident: swerving on the road or slowing down at a stoplight can indicate that a driver is intoxicated. While communicating with a driver after an accident, listen for slurred speech and look for a vacant or dull expression on their face. Are they having trouble communicating with you?

• Contact the police: This is a good idea in any accident. A police officer will be better able to tell if someone is intoxicated, and having a police report of your accident can make your case stronger.

How Do You Know If You’re Getting Enough Coverage for Your Accident?

When filing a claim in civil court against a drunk driver, several factors will be considered. How badly your vehicle was damaged, how severe the injuries sustained were, and how negligent and intoxicated the driver was will be considered.

• Uninsured Drivers: If the intoxicated driver who hits you does not have insurance, your insurance company may have to cover the damages you receive with Uninsured/Underinsured motorist coverage. If you do not have Uninsured/Underinsured motorist coverage, you can consult the help of a car accident attorney to explore other options.

• Dram shop claims: If the circumstances are right, you can attempt to claim the bar or restaurant that sold the alcohol to the drunk driver.

Watch Out for Insurance Companies

The other driver’s insurance company may call you and offer you a settlement quickly after the accident. Insurance companies are trying to offer you as little as possible and quickly, so future damages may not be considered.  Contacting a Lufkin drunk driving accident attorney can help you make the right decisions following an accident involving a drunk driver.

Why Texas School Buses May Be Unsafe for Children

Every car has seat belts; it’s the law. If you are caught without your seat belt in Texas, you will be fined, and a minor caught without a seat belt faces an even greater fine. Seat belts save many lives every day, and you would assume that, since Texas state law has made wearing seat belts a priority enforceable by law, especially for children, school buses would definitely be equipped with the best seat belt technology. Unfortunately, this is not the case, and is why Texas school buses may be unsafe for passengers.In 2009, the Texas legislature allocated $10 million to update school buses with seat belts.

The majority of school districts have still not updated their buses to this day. State officials say it is a priority for school districts not to purchase new buses with seat belts because the buses they currently have are sturdy and last a very long time. The state's allocated funds do not cover retrofitting old buses; they only cover purchasing new ones. A Texas state senator has introduced a bill requiring all new buses to have 3-point seat belts, one of the safest types. We can assume that school buses will continue to get safer as more are purchased, but many older buses are still in service, offering limited safety for passengers. This is a serious issue. Below are some tips on how to react if you are involved in a bus accident as a car driver. Steps to Take If Involved in a Bus Accident.

• Remain calm: This will be difficult in the wake of a potentially severe bus accident with multiple victims, but you must get through the situation.

• Report the accident: Call the local authorities if the accident is serious, and ensure emergency responders reach the scene as quickly as possible.

• Call your insurance company: Report the damages to your vehicle, take pictures of the crash scene, and tell them what happened. Report how much the damages cost to repair once they are fixed.

Bus accidents can be severe, and the reasons behind them can be much more complex than they initially appear. Having a Lufkin auto accident attorney who is experienced in handling many vehicle accident cases, including different kinds of vehicles, can help you get all the information you need for dealing with compensation for injuries and vehicle damage. Rules for filing claims against Governmental entities, like an accident involving a city bus, differ from those for filing against another insured driver of a car.

Why You May Need an Attorney Before Filing A UM/UIM Claim

Texas auto insurance policyholders should always ensure they have UM/UIM (uninsured/underinsured motorist) coverage. Although Texas insurance companies are required to offer UM/UIM coverage, policyholders can reject it in writing. UM/UIM coverage can protect you in the event an uninsured or underinsured motorist hits your vehicle and causes physical and/or property damage. However, there are nuances to Texas UM/UIM coverage that make contacting an attorney critical before filing claims. As a policyholder, you may run into difficulties filing a UM/UIM claim. In late 2006, the Texas Supreme Court held in Brainard v. Trinity Universal Insurance Company that insurance companies are under no contractual obligation to pay UM/UIM claims until policyholders obtain judgments establishing the liability of UM/UIM motorists and the amount of damages. So basically, purchasing a UM/UIM policy merely gives you the right to sue your insurance company and recover if you win in court. We can use a hypothetical scenario to further summarize Brainard v. Trinity Universal Insurance Company.

Jill’s Story: Why Filing a UM/UIM Claim Can Be Difficult

Jill is a single mother and business owner with UM/UIM coverage on her Texas auto insurance policy. One day, Jill is driving home from her mother’s house along East Denman Avenue when a distracted driver runs through an intersection and collides with her vehicle. During the course of the accident, Jill breaks her arm and several fingers. To make matters worse, her car is totaled. Police arrive on the scene, file a report, and discover that the driver responsible for the wreck has no insurance coverage. Jill is brought to the hospital and undergoes treatment for her injuries. During her brief stay at the hospital, Jill had been in contact with her insurance company. She had filed a UM claim but, upon returning home, discovered it had been denied. Jill’s insurance company claimed she was not entitled to coverage until she proved in court that the other driver was both at fault and uninsured, and that all her damages were caused by the accident. Due to owning a business and recovering from serious injuries, there is no feasible way Jill has the time to put the evidence together necessary to prove her case. Given her circumstances, Jill realizes she must hire an attorney. After researching the accident, Jill’s attorney can prove that the driver responsible for the wreck was texting at the time of the crash. In addition, her attorney demonstrates that the driver had no insurance coverage. By working with her health care providers, Jill’s attorney secures the records and testimony needed to establish the total amount of damages Jill has suffered as a result of this accident.  Upon presenting this evidence to Jill’s UM insurance carrier, the insurance adjuster realizes that Jill will prevail at trial, so the company agrees to pay her without wasting time and money in court. More could be said about Jill’s story and why it is essential to hire an attorney after an accident. Many possible scenarios can surprise people injured in accidents. Hiring an attorney is the best way to fight back against these possible scenarios before they can cause financial ruin. The Texas personal injury attorneys at Mike Love & Associates, LLC can review your auto policy at no cost.