How to Deal With Insurance Adjusters After a Car Accident

Vehicle accidents occur regularly throughout Texas. Based on data from reportable crashes during the latest year in Texas, one person was injured every two minutes in a vehicle collision in this state. In the event you or a loved one is involved in an accident, you are going to have to deal with car insurance carriers. This includes your insurance carrier as well as the carrier of the other driver(s) involved. You must understand how to deal with insurance adjusters in the aftermath of a Texas automobile collision. Insurance claims adjusters are very good at their jobs, and their goal is to make sure that the insurance policy pays as little as possible in a settlement to claimants. Insurance adjusters may seem very friendly, but they are also trained to get you to say things that could jeopardize any settlement you receive.

Should I Post to Social Media During an Ongoing Personal Injury Case?

It may seem like second nature to log on to social media and tell your friends, family members, and followers that you have been involved in a car accident and post photos of the accident scene. In fact, many people stream live from the scene of a crash. Some of the most common places that people post about vehicle accidents they have been involved in are Facebook, Instagram, TikTok, and Twitter. However, it is strongly advised that you do not post any information about your vehicle accident on social media. Even if you have the highest privacy settings on your social media accounts, you can be sure that the auto insurance claims adjusters or legal teams for the other parties will find a way to gain access to your posts. All it takes is one family member or friend to copy or share your post to give others information that you thought was private. Even something innocuous like posting about going to the grocery store could jeopardize your case, particularly if you have said that you have specific injuries that keep you from going about your daily activities. Insurance claims adjusters will use anything you post to try to deny your claim during the claims process or reduce the amount they pay in a settlement.

Should I Give a Recorded Statement to an Insurance Company?

You are not legally required to give a recorded statement to a car insurance company, and you should avoid doing so. Insurance claims adjusters will try to make it seem like you have to give a recorded statement for your case to be settled, but this is not true. The reason they want a recorded statement from you is so they can use it against you in the future. Adjusters from car insurance companies will try to get you to say something while you are on record that could jeopardize your claim. For example, the insurance claims adjuster may try to get you to admit that you could have avoided the accident. They may try to confuse you about the speed you were driving at the time the collision occurred or ask you about whether you have ever looked at your phone while driving. The claims adjuster from insurance providers may even try to engage you in friendly banter about your weekend activities in an effort to get you to admit doing things after claiming you sustained personal injuries.

Work with an Attorney

If you or somebody you love has been involved in an accident caused by the careless actions of another person, you should speak to an attorney as soon as possible. If you involve an attorney, they will be the one to handle communications with other parties involved, including insurance adjusters. Your focus should be on recovering from your injuries and spending time with your family, rather than worrying about accidentally mispeaking and jeopardizing your claim.

Read More

Are Motorcyclists Required to Wear Helmets in Texas?

Numerous motorcyclists reside in Texas or visit the state regularly. However, motorcyclists are particularly vulnerable in motorcycle accidents involving other passenger vehicles. While it is generally understood that helmets save lives in the event a motorcyclist is involved in a crash, motorcycle helmet laws are not mandatory in every state throughout the country. The Texas law requires that any motorcyclist under the age of 21 wear a helmet. However, those 21 years of age or older are not required to wear a helmet if they:

  • Have completed a motorcycle operator safety and training course, OR

  • They are covered by a health insurance policy that provides medical benefits for injuries resulting from a motorcycle accident while riding or operating a motorcycle.

What Are the Benefits of Wearing a Motorcycle Helmet?

According to the U.S. Centers for Disease Control and Prevention (CDC), motorcycle helmets save nearly 2,000 lives annually. The CDC estimates that if all motorcyclists wore helmets, more than 800 lives could have been saved during a recent reporting year. Further, the CDC says that helmets reduce the risk of motorcyclist fatalities by 37%, and they reduce the risk of a head injury by 69%. Additionally, a motorcycle helmet is not only beneficial in the event a collision occurs, but a helmet can also help deflect roadway debris and other objects from striking a person in the head, face, or neck. Loose debris on the roadway is often sent flying in the direction of a motorcyclist by the wheels of other vehicles. As many motorcyclists in Texas are aware, the state is home to some giant insects. When a motorcyclist is operating at a higher rate of speed, an impact from a large insect can have several negative consequences. The severity of impacts with roadway debris or insects can be lessened by wearing a helmet.

What Are Possible Injuries From Not Wearing a Motorcycle Helmet?

According to data provided by the Texas Department of Transportation, there were 410 motorcyclist fatalities reported during the latest reporting year across the state. The DOT says that 45% of motorcyclists killed were not wearing a helmet at the time of the collision. However, many motorcyclists involved in accidents were not killed. Unfortunately, those who do not wear a helmet are much more likely to sustain significant injuries in the event a collision occurs. This includes serious open head wounds as well as severe traumatic brain injuries. Traumatic brain injury survivors often face significant long-term disabilities caused by the personal injury, including complete or partial paralysis, decreased cognitive function, an inability to control emotions, and more. The most common excuses that motorcyclists claim for not wearing helmets are that helmets impair their vision and/or are uncomfortable. When it comes to protecting yourself and ensuring that you get back to your loved ones each day, the benefits of wearing a helmet while riding a motorcycle far outweigh any negatives.

Read More

What Should I Do After a Hit-and-Run Accident in Texas?

Auto accidents can be an incredibly terrifying experience for victims. This is particularly true for those who are hit-and-run drivers. Hit-and-run incidents can lead to significant confusion following the collision, criminal charges, and victims in these situations need to know what to do. There are various steps that hit-and-run car accident victims in Texas can take to help ensure their well-being while also protecting their rights.

What to Do After a Hit-and-Run in Texas?

The most important thing that any driver can do in the aftermath of being struck by a hit-and-run driver is to stop their vehicle in a safe space and assess their injuries and the injuries of their passengers. Under no circumstances should you leave the scene of an accident, even if the other driver has left. Texas state law requires drivers to stop at the accident scene, render aid, provide their personal information, and produce their driver’s license if requested for any incident that involves injuries or death. If you have been in a car accident caused by a hit-and-run driver, you should:

  • Do not attempt to pursue a fleeing driver. This will create an unnecessarily safe situation for you and others on the roadway.

  • Contact law enforcement immediately. Let the police come to the scene, conduct an initial investigation, and begin the process of locating the hit-and-run driver. Try to remember as much information about the other driver and their vehicle as possible so you can relay this data to the police.

  • Seek medical assistance. To ensure your well-being and establish a link between any personal bodily injuries in the crash, you need to seek medical assistance as soon as possible. Regardless of whether a minor or serious injury exists, let a doctor perform an evaluation.

  • Gather as much evidence as possible. If you can safely do so at the scene of the crash, use a cell phone or other type of camera to take photographs of any vehicle damage, injuries, debris, skid marks, traffic conditions, and more.

  • Report the incident to your insurer. You will typically be required to report any vehicle accident to your auto insurance carrier as soon as possible after the incident occurs. You do not need to provide detailed information in your initial report. Still, you should inquire with your insurance company about whether or not you have uninsured or underinsured motorist coverage. If you do, this coverage could be used to help cover your expenses in the event the hit-and-run driver is not located.

According to data available from the Texas Department of Transportation, there were more than 256,000 total vehicle collision injuries reported during the latest year across the state. While we do not have exact data stating how many of these incidents were hit-and-run, we do know that it is not uncommon for drivers to flee the scene of an accident. This is particularly true if the offending driver does not have car insurance, was intoxicated at the time of the car crash, or has a warrant out for their arrest for another reason.

Read More

What Should I Do After a Construction Zone Car Accident in Texas?

Accidents occur in construction zones regularly. Unfortunately, construction work on or near the roadway can lead to significant confusion, bottlenecked traffic, closed-off lanes, reduced speed limits, and more. Not only is this dangerous under ideal conditions, but construction work zone accidents are much more likely to occur when there are negligent drivers on the roadway. Additionally, there are times when the negligence of a road construction company or governmental agency responsible for the site causes these incidents. Here, we will discuss the steps you can take in the event of a car accident in a construction zone in Texas.

What Should I Do After a Construction Zone Accident?

If you have been involved in a construction zone crash in Texas, you should take the following steps to ensure that your rights are protected:

  • Seek medical care immediately. Regardless of how minor or severe the injuries are, you need to seek medical care immediately. Let a doctor evaluate your situation and determine any necessary treatment.

  • Ensure that law enforcement arrives at the scene of the crash. Law enforcement officials must respond to the scene of the crash to conduct a preliminary investigation and determine the cause of the accident and liability. You will need an official copy of the accident report for your insurance carrier.

  • Gather evidence. If you can safely do so at the scene, use a phone or other camera to take photographs of any damage, injuries, causes of the crash, construction zone signage, temporary road markings, etc.

  • Report the incident to your insurer. You need to report the incident to your insurance carrier as soon as possible. You do not need to provide detailed information about the incident initially, but you must inform the insurance company that a crash occurred.

  • Contact an attorney. You should consider consulting with a skilled Texas car accident lawyer in the aftermath of an incident around a construction zone. A personal injury attorney will have the resources necessary to conduct a full investigation to determine liability in the case.

Construction Zone Accidents: Who is Liable?

There may be various parties that could be held liable in the aftermath of a Texas construction zone accident. This could include other drivers on the roadway, construction companies, contractors, subcontractors, or government agencies, among others. Construction companies or governmental agencies may be liable in the event:

  • They failed to alert drivers with adequate warning signs

  • They did not properly mark temporary lanes for drivers to follow

  • They neglected to cordon off dangerous areas properly

  • They did not guide traffic when necessary

  • Construction workers left dangerous construction equipment near the roadway, which created a hazard for drivers

According to data available from the Texas Department of Transportation, more than 26,000 total crashes were reported in work zones throughout the state during the latest year. Out of these incidents, there were:

  • 168 fatalities

  • 689 suspected serious injuries

  • 2,448 non-incapacitating injuries

  • 7,840 possible injuries

If you or a close loved one has been injured as a result of a construction zone car accident in Texas caused by the careless or negligent actions of another party, seek legal advice and assistance from our law office immediately. The accident attorneys at our law firm will work to thoroughly investigate your case to secure maximum compensation for your personal injury claim during a free consultation.

Read More
Uncategorized Uncategorized

Texas Bicycle Laws: What You Need To Know

Riding a bicycle can be a delightful experience. Whether a bicyclist is a recreational rider or someone who uses the cycle as their regular mode of transportation, it is essential to understand that bicyclists face more risks than others in or around the roadway. To mitigate the risks associated with riding a bicycle, both drivers and bicyclists must understand Texas bicycle laws and their application. Here, we want to review some of the fundamental Texas bicycle laws so you can remain safe on the roadway.

Texas Cycling Laws You Should Know

There is no doubt that bicycling can be dangerous, particularly because bicyclists often share the road with other vehicles, such as trucks and buses. However, it is essential to recognize that bicycles are typically regarded as vehicles under state law and should be treated with the same rights as other vehicles. Conversely, bicyclists are required to follow traffic laws when they are on the roadway. Some of the fundamental bicycle laws in Texas are as follows:

  • Bicyclists should only ride on streets, roadways, bike paths, and other designated routes explicitly for bicycle use.

  • Bicycles should not be ridden into bicycle racks. Instead, a bicyclist should dismount upon arrival and place their bike into an available space.

  • Bicycles are considered vehicles, and the bicyclist must obey all traffic laws, signs, and signals. This includes stopping at all stop signs and all red lights.

  • Bicyclists may ride two-abreast on the roadway, but shall not impede the normal and reasonable flow of traffic.

  • A person using a bicycle may not carry more passengers than the bike is designed for.

  • Bicyclists may not carry any objects that prevent them from keeping at least one hand on the handlebars.

  • Bicyclists must extend their hands to perform arm signals regarding their intent to stop or turn.

  • Every bicycle must be equipped with a brake capable of making the braked wheel skid on dry, clean, and level pavement.

  • Bicycles can only be operated at nighttime if they are equipped with a headlamp that is visible from a distance of 500 feet in front of the bike and a rear red reflector or red lamp visible from a distance of 300 feet or 500 feet, respectively.

  • A bicycle rider who is moving slower than other traffic on the roadway should ride as near as possible to the right curb or right edge of the roadway.

Under the following circumstances, bicyclists are allowed to take the full lane of travel:

  • When the person is passing another vehicle moving in the same direction.

  • What the person is preparing to make a left turn at an intersection or onto a private road or driveway.

  • When there are unsafe conditions on the roadway that prohibit riding safely near the right side of the road.

  • When the lane is substandard in width, it makes it unsafe for a bicyclist and a motor vehicle to travel side by side.

While Texas does not have a statewide helmet law requirement for bicyclists, all bicycle riders, including electric bicycle riders, are strongly encouraged to wear helmets to protect themselves from open head wounds and traumatic brain injuries.

Texas Bicycle Accident Statistics

According to the Texas Department of Transportation, 2,547 bicycle crashes were reported during the latest available year. Out of these incidents, there were:

  • 16 fatalities

  • 312 suspected serious injuries

  • 1,102 non-incapacitating injuries

  • 878 possible injuries

When looking at this data, it is clearly evident that bicycle operators have a high probability of being injured in the event a collision occurs with another passenger vehicle on the roadway. By following the laws mentioned above, both drivers and bicycle riders will take steps to mitigate risks and stay safe on the roadway.

Read More

We want to hear your story.

Your consultation will always be with an experienced trial attorney. We are here to listen.