What Is an At-Fault State, and is Texas One?

What is an at-fault state? Texas is an at-fault state, which means the driver responsible for the accident must compensate the other party for their injuries and for damage to their vehicle. Proving which driver is at fault can turn into a lengthy court battle.

How Can I Help My Accident Case?

• Get their information: This applies to any auto accident. Write down their license plate and any other info quickly, especially if they are denying their fault or acting standoffish.

• Look for witnesses: A witness who can support your claim will strengthen your case, especially if it goes in a police report.

• Compile a police report: Having the police make a report of your accident case can help legitimize your claims in court. Did you notice the driver was on their phone? Did they seem like they might be intoxicated? These are essential details to include when speaking to the police.

• Make a report for your insurance company: Take pictures of the damage incurred and note any possible injuries you have. A car accident attorney can help you get the coverage you deserve.

What If the Other Driver Doesn’t Have Insurance?

Another reason the at-fault system can be tricky is when the other driver is uninsured or has less insurance coverage than the damage caused.  In this circumstance, it is important for you to have uninsured/underinsured motorist coverage on your auto insurance plan. In Texas, uninsured/underinsured motorist coverage is not required.

Can My Insurance Rate Go Up If the Accident Wasn’t My Fault?

In some cases, your insurance rate can go up after an accident, even if it wasn’t your fault. It will depend on state laws and car insurance policies in your region. The at-fault insurance system can create a strenuous process for determining who must provide coverage to the other. If an uninsured or underinsured driver hit you, you will likely have to get your own insurance company to compensate for your damages, which can be tricky. Lufkin car accident attorneys at Mike Love & Associates, LLC can fight for the compensation you deserve after a wreck. Contact us today.

Could Computer Software Cause a Car Accident?

A current recall of a faulty software component affecting 1.25 million Chrysler vehicles is causing side airbags not to deploy and causing issues with the seatbelts. Many components of modern vehicles are controlled by software, and when they malfunction, the consequences can be very dangerous. Another example is recent issues with Uber’s self-driving cars, which have caused accidents. As software starts controlling more vehicle functions, we are likely to see more software components recalled. This raises questions, such as: is the auto manufacturer responsible for the flaw? Alternatively, is it the software company?

How Do I Know If Computer Software Caused a Car Accident?

1. Have you checked for recalls online? Check online at safecar.gov to see if there are any current recalls on your vehicle following an accident. If they have issued one, the dealer must replace your vehicle component at no cost. You can pair with an auto injury attorney who can call in accident reconstruction experts with advanced knowledge of accident causation.

2. Which parts of your vehicle are controlled by software? In modern cars, more of your vehicle may be controlled by software than you think. Sensors control many vehicle safety features. When they malfunction, they cause things like airbags not deploying, as in the case with Chrysler above.

3. Was their negligence involved? Suppose your vehicle has software that needs to be updated or replaced to function properly. In that case, it is the vehicle manufacturer’s duty to communicate that information to all owners of the vehicle within 60 days.

Who Can Prove That a Software Component Was Faulty?

Proving that software caused an accident can be complicated. Major car manufacturers and software companies have strong legal resources and trained professionals on their side. Pairing with an experienced attorney can help you get help from professionals who study automobile function and the causes of accidents. If you think that an unknown car error caused you to get in an accident, start taking action today. Contact Lufkin car accident attorneys at Mike Love & Associates, LLC for more information about accident liability and obtaining compensation for your injuries.

Auto Recalls Hit Record High: Is Your Car Safe?

Recalls on defective auto parts have hit record highs for the third year in a row. In 2016, 53.2 million vehicles were recalled and 927 campaigns were enacted. The Takata airbag recall is the largest in U.S. history, involving over 42 million vehicles. Recalls on Ford, Hyundai, Mercedes-Benz, and General Motors make up the rest of the list. These auto manufacturers are liable for injuries caused by these parts and must be diligent in addressing the issue. Toyota recently paid $1.2 billion to the U.S. Department of Justice for failing to fix an accelerator issue. Given that there are more recalls than ever, let’s take a moment to go over some helpful tips for dealing with a recall that involves your vehicle.

Questions to Ask About Your Recall

• How serious is the recall? There may be a long delay in repairing your vehicle, depending on its size. Many recalls will involve a component that is not essential to the vehicle's operation. In these cases, it is still safe to drive, but your car may not be operating at full efficiency. In other cases, you may receive a recall notice that lets you know you need to stop driving altogether. The manufacturer should provide you a loaner vehicle until the repairs are complete. They are also legally required to notify affected vehicle owners promptly.

• What can be done to fix the issue? The dealer should be replacing the part for free. In some cases, they may ask to repurchase the vehicle or replace the vehicle entirely. If your auto manufacturer is not complying with fixing your recall, you should call the dealer department and show them your recall notice. If you are still experiencing issues, contact the vehicle manufacturer. In some cases, you should file a claim with the National Highway Traffic Safety Administration (NHTSA). NHTSA’s website has an online form for car safety reports. This is a great place to report a suspected recall and other vehicle defects.

Cases involving injuries that result from recalls can get complicated, and having an experienced auto accident attorney can help you get the coverage you need from the auto manufacturer. Often, products that have not been recalled can be proven to cause serious accidents with the help of product liability lawyers and accident reconstruction specialists. Contact the Lufkin product liability attorney at Mike Love & Associates, LLC for more information about defective products and obtaining compensation for your recall-related injuries.

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.

What If My Employer Doesn’t Offer Workers’ Comp?

Many Texas employees work for non-subscribers, meaning their employers do not offer workers’ compensation. In Texas, offering workers’ comp is not required. However, this does not mean that you do not have options for getting compensation in the event of a serious work-related injury. You can get the financial help you need through a personal injury case. Sometimes injuries are caused by contractor negligence or by equipment manufactured by a third party. This means that your employer was not at fault, but a third party may have been.

Please make sure you have information related to the circumstances of your injury documented to help your claim be the strongest it can be. How Did the Injury Occur? Were you injured because the equipment you were using had improper instructions? Did the accident happen because your employer didn’t properly train you? Was a contractor negligent in providing safety materials for your job? These are all important questions to find out who should be held liable for your injuries.

If your injury is disabling and prevents you from returning to work, you may qualify for assistance from Government programs such as Social Security Disability Insurance. (SSDI)Should You Pursue Multiple Claims? In certain circumstances, it may be necessary to make multiple claims. For example, let’s say Jon works at a gardening plant operating a forklift. Jon received no training to operate the forklift, and the steering malfunctioned, causing Jon to lose control and flip the forklift. Jon seriously injured his leg. Jon could file a case against his employer for failing to train him and the forklift manufacturer for manufacturing a defective product.

Often, an injury results from multiple factors that may be the fault of different parties. Taking legal action against one party can be taxing enough, especially if you are doing it by yourself. Consulting a personal injury attorney with experience in complex work-related personal injury cases could save your finances from free fall, and save you from wasting time and energy filing your claim against the wrong party.The work injury attorneys at Mike Love & Associates, LLC can help victims of on-the-job accidents with a Texas nonsubscriber or third-party claim. Injured? Contact us today.