Do I Have to Pay for an Accident That Wasn't My Fault?

You would assume that after an accident that was the fault of another driver, all your damages would be covered, either by their insurance company or your own. Most of the time, this is the case. However, some drivers may still find themselves having to pay for vehicle or bodily damage out of their own pocketbooks, even if the accident was not their fault. How can this be? Keep reading to find out.

Uninsured/Underinsured Motorist Coverage

In Texas, drivers are not required by law to carry Uninsured/Underinsured Motorist Coverage. UM insurance ensures your insurance company will cover damages in the event a driver hits you without insurance. A 2012 study done by the Insurance Research Council concluded that 12.6 percent of drivers on the road in the US are uninsured. UIM insurance covers drivers who are hit by a driver whose insurance plan doesn’t offer enough money for the damage they caused in an accident.

How Does UM/UIM Coverage Work?

With UM/UIM insurance coverage, your insurance company is responsible for paying the damages you incurred from the uninsured/underinsured driver. In the case of a UM/UIM accident, your insurance company steps in as the party responsible for the damages to your vehicle and medical expenses. Texas is an “at fault” state, which means the driver who is more at fault will have to pay the damages. Your insurance provider becomes the “at-fault” party when an uninsured or underinsured driver hits you. Your insurance company will likely try to offer the least amount of coverage possible, and often will try to refute that the accident was the other driver’s fault or try to deny you the full amount of coverage owed by your contract. These situations call for a car accident attorney.

Were You Offered UM/UIM Coverage?

Texas law requires insurance companies to provide you with the option to get UM/UIM coverage. However, insurance companies have been known to break the law to offer insurance rates and lower payments for competitive reasons. You may be able to make a legal case against the insurance company if they did not provide it to you. You should not have to pay for damages to your vehicle or your body in an auto accident that is not your fault. If your insurance company is trying to work against you or saying your plan doesn’t include UM/UIM coverage, contacting an experienced Lufkin car accident lawyer can help get your insurance company into gear.

The Trucking Industry Can Have a Disturbing Darkside

Trucking is a demanding job by its very nature. Companies have strict shipping deadlines, and drivers need serious focus and determination to meet their bosses' demands. However, serious road safety issues can arise when drivers stretch themselves too thin to meet these deadlines. Trucker fatigue contributes to many serious road accidents.

A recent USA Today article outlines the severe struggle that many truckers face. In Los Angeles, nine truckers were awarded $8.4 million after their employer had them falsify driving logs to comply with federal regulations after driving up to 19 hours a day. This creates safety issues for other drivers on the road, increasing the likelihood that a regular driver will be hit by a commercial truck. This is terrible, but federal regulations do exist to protect drivers from unsafe trucking practices that lead to driver fatigue.

Ways the Law Protects Drivers from Fatigued Truckers

The Federal Motor Carrier Safety Administration says truckers are not allowed to drive for more than 11 hours within 14 hours, after which they must have 10 hours off. Truckers are also not allowed to work more than 60 hours in 7 days or more than 70 hours in 8 days. There are also weight limits and other regulations that exist to ensure drivers are alert and that trucks are not excessively dangerous to other drivers. Experienced truck accident attorney Mike Love used to own a trucking business. He can review your car accident case to help identify whether breaches of trucking laws may have caused the accident.

There are safety regulations for trucks, truck drivers, and trucking companies that ship goods. Trucking companies are competitive and often encourage truckers to work longer than is permissible by federal law, or offer trucks and equipment that are not up to regulatory standards to cut costs. This poses a serious risk of injury to truck drivers and other drivers on the road.

If you have been injured in a truck accident or mistreated by an employer, a Lufkin personal injury attorney can help you find out if laws were broken and gain coverage for the victims of negligence. Your insurance company or the guilty party in a truck accident will likely try to give you as little as possible for coverage. An attorney has a team of professionals that can strengthen your case using insider industry knowledge. Call today for your free consultation with an experienced attorney. We can help.

What If Your Employer Doesn't Carry Workers’ Comp?

Many Texas employers do not provide medical coverage for their workers in the event of a workplace injury. Employers are not required to carry workers’ compensation under Texas law. A serious injury sustained at work can take you from being able to support yourself to going into debt very quickly. Not only are you losing wages from not being able to work, but are having to adjust to living with potentially debilitating injuries, such as broken bones, spine injuries, or even a brain injury. Many workers will not be able to afford medical bills for serious injuries on their own. However, there are other options you have in receiving injury coverage for work-related damages without workers’ comp.

What Other Options Are There Besides Workers' Compensation?

• Personal injury lawsuit: Many times, pursuing a personal injury lawsuit against an employer will be more beneficial than a workers’ comp claim would be. Employers must follow strict safety guidelines. If your employer committed a lack of safety regulation or care, a personal injury lawsuit could be very beneficial to your case.

• Third-party lawsuit: Even if your employer does offer workers’ comp, a third party could be responsible for your work injury, making it necessary to pursue a third-party lawsuit. Many construction sites and other worksites involve not just a single employer, but other contractors and subcontractors working together. These contractors are responsible for some of the employees’ and worksite safety responsibilities. If a contractor’s employee or equipment caused an injury to an employee of another company, that contractor should be held responsible for damages. Other third-party claim examples include car accidents caused by someone else while driving for work, and slip-and-fall accidents that occur while working on someone else’s property due to their negligence.

Pursuing a lawsuit against a construction company or a well-known equipment manufacturer will be difficult on your own. Lufkin personal injury attorneys at Mike Love & Associates, LLC have strong compassion for victims of workplace injuries who cannot get coverage. Their years of case knowledge help find where negligence occurred by an employer or contractor that contributed to your injury. Even if you do receive workers’ comp, it may not be enough to cover the full scope of your injury and recovery process. If you are injured, Mike Love & Associates, LLC is dedicated to securing the best compensation possible under Texas State Law. Call us today. We can help.

What if a Product Without a Warning Label Injured Me?

Product manufacturers creating products that have the potential to cause harm or serious injury are under an obligation to make sure consumers are aware of these safety risks. Instructions that do not demonstrate how to use a product safely, or don’t address potential safety hazards associated with the product, may be illegal. These defects are known as marketing defects. Another type of defect is a design defect, which happens when the manufacturer makes a dangerous product that is hazardous even when used correctly. The third kind is a manufacturing defect, which occurs when a manufacturer makes an error during product creation, causing a hazard that was not included in the product design.

What Are Some Common Defective Products?

• Auto components: vehicle ignition systems, fuel systems, accelerators, airbags, seatbelts, tires, brakes, and child seats are everyday recalled items.

• Children’s toys: Toys often pose choking hazards or other safety risks during use.

• Furniture: Ikea has recently recalled millions of dresser cabinets because of the risk they pose of falling on children and injuring them.

• Over-the-counter drugs: Prescription medications and other health products are subject to common recalls.

How Can You Be Notified of Product Recalls?

If a manufacturer learns of a safety hazard involving its product, it must report it to the government agency responsible for consumer safety in its industry. The manufacturer or government agency must then run a campaign to notify as many consumers of the product as possible. They do this through posting on their website, sending letters, media coverage, or electronic notifications like emails. Due to the scope of the products sold and resold, all users of the recalled product will likely not be able to receive notification.

A product can be unsafe for several reasons. A product can be inherently hazardous and lack safety instructions, contain a manufacturing defect that poses hazards, or have instructions that do not detail proper safe use. In the event of a product liability injury, an experienced Lufkin product safety attorney can help you fight large manufacturing corporations. Many recalls are not formed about until a consumer files a complaint, and a product manufacturer will often try to offer the minimum amount of coverage for the damages they caused. The Lufkin personal injury attorneys at Mike Love & Associates, LLC are dedicated to fighting for the best compensation provided under Texas State Law in unsafe product damage cases. Call us today. We can help.

Why Are Midsize SUV Headlights Failing Safety Tests?

Recent studies by the Insurance Institute for Highway Safety suggest that many midsize SUVs’ headlights are lacking in quality and safety. Headlights are critical to road safety, and factors such as the visibility they provide and the glare they create were tested. The majority of vehicles were found to produce excessive glare, compromising night-time driving safety. Car manufacturers are responsible for providing safe products. Crashes are much more likely to happen at night, even though there is much less traffic on the road.

Safety Tips for Driving at Night

• Vision correction: Human vision is much worse at night. Make sure you have corrective lenses on if you do not have perfect vision. Anti-glare lenses can improve vision quality and enhance safety while driving at night.

• Stay awake: Driver fatigue is a significant contributor to road accidents. Make sure you are awake and alert, and if you start to feel sleepy, pull over to a nearby resting area to sleep.

• Clean your windshield: Dust and grime can accumulate on your windshield and refract light coming from other vehicles, clouding your vision and increasing the risk for an accident.

• Dim your dashboard lights: Limiting the amount of light entering your eyes from inside the vehicle will improve your vision outside the car.

These are great tips to keep you safe, but car manufacturers' negligence causes some accidents. In the SUV case mentioned above, no recalls were issued, but if a product is deemed too unsafe, a liability case can arise.

When Is an Accident a Car Manufacturer’s Fault?

• Defective products: Faulty products cause accidents in many ways. Faulty tires that blow out, dangerous exploding airbags, and failing brake systems are examples. Car components must adhere to strict safety standards for legal reasons. A product liability attorney has the resources to investigate if your vehicle meets those specific standards.

• Failure to warn drivers: In the event of an auto recall, the manufacturer must notify drivers by mail within 60 days of the recall being issued, including options for remedying the issue. You can check for existing safety recalls on safecar.gov.

If you suspect that an auto accident happened due to a defective component in your vehicle, a Lufkin auto accident attorney at Mike Love & Associates, LLC can investigate manufacturer breaches in auto safety laws. Injured, contact us today.