Does Not Wearing a Seatbelt in a Wreck Affect Your Insurance Claim?
Being involved in an auto accident is something most people want to avoid experiencing, and these incidents can lead to innumerable questions running through your head. This is especially true if you sustained an injury in the accident. While wearing a seatbelt is highly recommended, what happens if another person causes your accident, but you were not wearing one? Will you still be able to recover compensation for your losses, or will not wearing a seat belt affect your insurance claim?
Will You Be Able to Recover Compensation?
In some states across the country, not wearing a seat belt could result in a person not recovering any compensation at all after a car accident. However, that is not true in Texas. Here, the state Supreme Court has ruled that a person can still recover compensation from auto accidents they did not cause, even if they were not wearing a seat belt at the time the accident occurred. However, the total amount of compensation may be reduced in these situations based on the comparative negligence system used in Texas.
What Does Comparative Negligence Mean in These Situations?
Like other states, Texas operates under a modified comparative negligence system. This means that a person can still recover compensation for an accident even if they are found to be partially at fault, provided they are not more than 51% at fault for the incident. In these cases, the total amount of compensation awarded to a victim will be reduced based on their percentage of fault. When discussing seatbelts, modified comparative negligence has been a controversial topic in Texas. That is because comparative negligence laws (or contributory negligence laws in some jurisdictions) tend to focus on the actual cause of the car crash. Not wearing a seat belt has nothing to do with the cause of the actual accident. Rather, seat belts have to do with the subsequent injuries. In these cases, insurance carriers and at-fault parties will argue that the injury victim is partially to blame for their personal injuries because they failed to wear a seat belt.
How Could This Affect Your Final Settlement?
Suppose Blake is driving a vehicle that Jackson strikes, and there is evidence that Jackson was intoxicated and changed lanes illegally. Blake sustained significant injuries in the accident that led to $100,000 worth of medical bills, and the injuries were particularly bad because Blake was not wearing a seat belt. In this incident, it becomes clear that Jackson was responsible for the crash. However, Jackson’s insurance company argues that, because Blake was not wearing a seat belt, he was the cause of the injuries. In this theoretical scenario, a jury may determine that Blake was 20% responsible for his injuries because he did not wear a seat belt. In this instance, he would receive $80,000 in total damages, as opposed to $100,000, to account for his 20% of fault.
Work With an Attorney
If you or somebody you love has been injured due to the careless actions of another person, you need to contact an attorney as soon as possible. A car accident lawyer will have the experience and resources necessary to establish liability and work to obtain maximum compensation on your behalf. An attorney can collaborate with trusted medical professionals and accident reconstruction experts to demonstrate that the other party should be held fully liable for their actions.
What to Expect During a Truck Accident Settlement
If you or somebody you love has been injured in an accident caused by the negligent actions of a truck driver or trucking company, you may be entitled to compensation for your losses. However, the truck accident settlement process can become complex. The truck accident attorneys at Mike Love & Associates, LLC want to discuss what clients can expect during the truck accident settlement process and what types of compensation victims can expect to receive in these cases.
What is a truck accident settlement?
Legal settlements are arranged in a truck accident case when all parties to the litigation reach an agreement outside of court. It should be noted that most truck accident cases are settled before they go to trial. Sometimes, the truck accident case will even be settled before a lawsuit is filed (through insurance carriers).
How can a truck accident settlement benefit you?
Settling a case before it goes to trial is almost always more cost-effective and occurs much quicker than seeking a resolution in court. The settlement process is typically less adversarial than courtroom litigation because neither party has to admit fault on the public record. In cases where both parties are less defensive, their legal teams will be more likely to discuss the issues involved calmly and logically to reach a settlement agreement. A settlement is guaranteed compensation for a truck accident victim, whereas there are no guarantees of compensation when taking a case to trial.
Are there downsides to a truck accident settlement?
While a settlement will typically allow a victim to receive compensation quickly than going through a full trial, the reality is that there are various downsides that you and your attorney need to be aware of concerning a truck accident settlement.
You (the plaintiff) will lose the right to pursue any further legal claims relating to the truck accident or your injuries after you receive your settlement.
A settlement agreement may be much less than what the plaintiff would have received by going to trial.
A settlement means that the negligent parties in these cases will not be held liable for their actions through a public venue.
Types of settlements in these cases
When a settlement has been reached between two parties in a truck accident case, there are two basic ways that the compensation will be paid out to the plaintiff. This can include a structured settlement, in which the plaintiff receives regular payments for a predetermined amount of time (typically monthly payments). A plaintiff may also receive one lump-sum payment in which the total amount agreed upon in the settlement is paid all at once. Regardless of how you receive your settlement, personal injury settlements and jury verdicts are typically not taxed by the IRS (except punitive damages if they are awarded). Another factor to consider in these cases is attorney fees, which will likely be taken as an agreed-upon percentage of the final settlement amount.
What kind of compensation is available?
If you or somebody you love has been injured in a truck accident, there may be various types of compensation available for your case. While no two truck accident settlements are the same, the team at Mike Love & Associates, LLC is regularly able to help clients recover the following:
Coverage of all truck accident-related medical bills
Any household expenses the victim incurs due to the incident
Lost wages and benefits if a victim cannot work while they recover
Loss of personal enjoyment damages
Pain and suffering damages
The importance of working with a skilled truck accident lawyer in these cases cannot be overstated. You can contact us for a free consultation of your case by clicking here or calling us at (936) 632-2000.
Mike Love & Associates $10,000 July 4th Fireworks Giveaway!
Mike Love & Associates se enorgullece de ofrecer a la ciudad de Lufkin un espectáculo de fuegos artificiales del Día de la Independencia durante los últimos 15 años. Desafortunadamente, la Extravagancia de fuegos artificiales del 4 de julio de 2020 en Ellen Trout Park ha sido cancelada debido a la pandemia de COVID-19. Las preocupaciones de mantener el distanciamiento social, junto con la incapacidad de predecir si las restricciones de reunión social exigidas por el estado se levantarían a tiempo, jugaron un papel importante en la decisión de la Ciudad.Sin embargo, todavía hay una oportunidad para mantener el espíritu de las vacaciones. Mike Love & Associates le está dando a las familias la oportunidad de celebrar el Día de la Independencia por su cuenta. ¡Estamos organizando un concurso para regalar cupones que te permitirán celebrar tu propio espectáculo privado de fuegos artificiales con distancia social!
Los términos del concurso
Regalaremos cupones de $100 a 100 residentes en el área de Lufkin. Estos cupones se pueden canjear en un vendedor local de fuegos artificiales que se anunciará.
Cómo entrar. Para participar, complete el siguiente formulario. Las entradas incompletas no serán consideradas. Entendemos que muchos en la comunidad pueden estar decepcionados con los cambios, pero los funcionarios de la Ciudad enfrentaron una decisión increíblemente difícil, y todos estamos haciendo todo lo posible para garantizar la seguridad y el bienestar de nuestra familia.¡Pase unas vacaciones divertidas y seguras con su familia y sus seres queridos, y búsquenos para que regresemos a la moda en 2021!
Mike Love & Associates está aquí para la comunidad
Por más de 20 años, Mike Love & Associates ha ayudado a los residentes de Lufkin a buscar el apoyo y la compensación por cualquier lesión que puedan haber sufrido debido a la negligencia de otro. Entendemos el estrés, la frustración y las luchas financieras que surgen de un accidente repentino e inesperado y estamos dedicados a luchar a su lado para garantizar que reciba la compensación que se merece.Asistimos a aquellos en Lufkin y en todo el este de Texas con cualquier lesión que puedan haber sufrido debido al descuido y a la negligencia de otra persona. Si sufrió lesiones graves en un accidente o si tiene alguna pregunta sobre su situación, contáctenos hoy y haremos todo lo posible para ayudarlo.<iframe src="https://www.googletagmanager.com/ns.html?id=GTM-KF6XSZT" height="0" width="0" style="display:none;visibility:hidden"></iframe>
Mike Love & Associates’ $10,000 July 4th Fireworks Giveaway!
The “BIG SHOW” at the park is canceled for social distancing this year, so the Mike Love & Associates law firm is bringing the show to you by giving away $100 worth of fireworks to 100 East Texas Families. We may have to wait until 2021 before we can light up the ENTIRE East Texas sky again, but we can still celebrate this great country with family and friends. Winning entries will receive a $100 fireworks voucher from “94 Fireworks” in Hudson, Texas.Enter below for a chance to win your share of our $10,000.00 Fireworks Give Away. We look forward to seeing you all again for the “BIG SHOW” next year at Ellen Trout Park![gravityform id="3" title="true" description="true"]*All fields required*Only one entry per person will be considered.
Mike Love & Associates is Here for the Community
For more than 20 years, Mike Love & Associates has helped East Texas residents who have been injured due to someone else’s negligence. We understand the stress, frustration, and financial struggles that can result from unexpected accidents. Our firm is well known for “leveling the playing field,” and we are proud to fight for the compensation you deserve. If you have been seriously injured in an accident or have questions that require answers, please get in touch with us today.
Junior Achievement
Junior Achievement of Angelina County is a program dedicated to financial literacy, work readiness, and entrepreneurship in young adults. Members of our staff enjoy giving their time by being in the classrooms and teaching life skills to the students.
We also support fundraising activities such as the Wall Street Stock Market Challenge where we were able to have a team and compete against other members of our community.
We want to hear your story.
Your consultation will always be with an experienced trial attorney. We are here to listen.