Houston Car Accident Lawyer Blog

I adhere to the 'less is more' theory in life. This is especially true in the case of a serious injury accident in which you are the victim of another persons negligence. First, you should expect to hear from the insurance company representing the other party in the accident. When this happens - remember the motto - less is more or what NOT to say to the insurance adjuster. We recommend that you contact a reputable injury attorney before talking to any insurance companies. If you do choose to give a statement, to an insurance company, consider the following:

*Even if there are no immediate signs of injury - it is best not to make that claim. A blanket statement such as 'everyone's ok' or 'nobody was hurt' may come back to haunt you later - particularly if there are delayed onset of injuries. These could manifest themselves physically or emotionally even several weeks after an accident - and sometimes even in an accident that didn't seem to be 'all that bad'. If you have been in an accident it might be wise to see a physician to ensure that you (and any passengers) are fine.

*At no time should you admit to any wrongdoing that could make you complicit in the blame. For instance, don't say something like 'well, if I hadn't looked away I might have seen the car coming'. If the accident was not your fault you do yourself no favors but trying to make the other party feel 'better'.

A savvy insurance adjuster will use these types of statements (and others) to minimize their responsibility to you. So take a deep breath before speaking and remember - less is more, less is more.

Continue reading " Statements after a Car Accident" »

Consumers have more tools than ever at their fingertips to help them make good vehicle buying decisions.

One of these is the car or truck history report - you just have to know how to read them! The goal is to become as educated about the potential purchase's history as possible and that sometimes requires the individual to be able to 'read between the lines' as well as on them.

First, car shoppers should know that it is not possible to discover all the problems a car may have simply by taking a short test drive.

The vehicle history report will provide a combination of information from a state's Department of Motor Vehicles as well as any police reports that may include the VIN number of that car or truck.

Why would that be important? Because a police report will track whether or not the vehicle was in an accident - the extent of the damage and the previous owner's insurance information - which will allow you to do further research on your own.

Here are some things to be on the alert for:

*multiple owners - could be an indication of problems because it's cheaper to sell (and even take a loss) than to repair.

*previous ownership locations - has the vehicle suffered through harsh weather conditions and, if so, how often?

*odd markings on the vehicle report itself - maybe an indication that something was erased or changed. That is not only a problem - it's illegal.

Don't make a vehicle purchase before thoroughly researching the history of the car or truck.

Continue reading "Vehicle History Reports May Show Car Accidents" »

If you've been in a car accident here are a few apps that may be helpful to you.

Camera Phones
camera phones can be a very important help to you in documenting the location of the vehicles, the condition of the accident scene and also injuries, witnesses and property damage. Today, most cell phones come with a built in camera that is more than sufficient to aid an accident victim in documenting the accident.

Witness Statements and Notes
free apps such as Dragon Dictate can be very helpful to record with the statements, to take notes of names and phone numbers without the necessity of typing and doing a short memo of important information at the accident scene.

What To Do Apps
AAA has a handy app that outlines steps to do after you have been involved in a car accident. The app is free and is very helpful. Some Houston personal injury attorneys also have their own to do apps for accidents.

Note Apps
Can be handy for keep a log of doctor visits and recovery information. The are many good ones including Pensulate.

Continue reading "Handy Apps At A Car Wreck" »

One of the most important things you can do at the scene of a car accident is to obtain witness information from any and all persons who may have seen exactly what has happened. The importance of independent witnesses cannot be overstated.

As numerous Houston car accident victims can tell you -just because the negligent party accepts responsibility at the scene does not mean that their insurance company will pay you. Further, as many victims can attest, often the negligent parties story changes from the accident scene to the time you make an insurance claim against their policy.

People who have admitted fault at the same sometimes turnaround and claim the accident happened completely the opposite way, and that responsibility lie with the innocent victim and not themselves. This is much more common than you could even imagine.

That is why the independent witness is so critically important in many cases. Sometimes obtaining independent witnesses name and address can't be done because the victim is being transported to the hospital with very serious injuries and is unable to gather the necessary information. Police officers are charged with the responsibility of obtaining witness statements, however in the hustle and bustle of the city and witnesses sometimes not sticking around, often no witnesses will be interviewed.

If you can, after Houston car accident obtain the telephone number and name of any and all witnesses to the accident. You'll be glad you did. Additionally, it is sometimes very helpful to take photos with your cell phone of the locations of the vehicles, before they are moved.

Whatever you can do to ensure that the story doesn't change usually is very helpful to your injury claim with the defendant's insurance company.

Continue reading "Houston Car Accident Tips" »

Many people wonder what they will do when they get into a very serious car accident and the wrongdoer has a minimum limits insurance policy, which does not cover their medical expenses, or compensate them adequately for their injuries.

One Savior has been underinsured motorist coverage that is available in Texas and should be a part of your auto insurance coverage unless you have specifically declined it. Underinsured motorist coverage provides you an additional layer of protection after a car accident if your injuries are serious and the negligent driver was either uninsured or inadequately insured.

If you have been in a serious car accident and are concerned about insurance coverage issues is best to speak with a personal injury attorney as early as possible after the accident.

When dealing with uninsured or underinsured motorist coverage there are several pitfalls that an unsuspecting Houston family can fall victim to if they tried to settle the case with the wrongdoer without obtaining formal written consent from your own underinsured motorist carrier.

If you have questions or concerns after a serious car accident and are thinking of speaking to a Houston car accident lawyer you should contact one as soon as possible and if possible before giving any recorded statements about the case.

There are many factors that come to mind when looking for a Houston car accident lawyer and one of the main things is to make sure you are comfortable with the attorney you choose. Make sure he or she is answering your questions and addressing any concerns you may have such that you have confidence in their ability to handle your car accident claim.

Many people have not been required to hire a lawyer in the past but find themselves injured in a car accident and requiring a lawyer to deal with the insurance company and legal issues.

It is a good idea to conduct research on the attorneys you are considering and look to personal references as well as the lawyer's reputation in the community. There are many organizations that rank attorneys and some of them are quite good, particularly those that use peer review ratings by other lawyers.

Selecting a Houston car accident lawyer can sometimes involve interviewing several different lawyers to find the firm you are most comfortable with. A car accident victim should be concerned about the recovery process and not have to worry about an automobile insurance claim.

Finally, it is usually a good idea to look for those attorneys who specialize or whose practice is limited to one particular area such as personal injury when making your final selection.

In a terrible and tragic accident in Houston Monday an unlicensed driver apparently took his parents car and struck some children getting off the bus, according to reports.

At least one of the children it is reported with a broken bone and the other reportedly has nonlife threatening injuries. Most likely, there will be no insurance coverage for the injury sustained the children because the use of the vehicle was reportedly not permissive.

This is an example of why we all need to teach our children about driving and safe driving as soon as possible. I know from first-hand experience that as a teenager my parents could not tell me much. At the same time all children are like sponges and are picking up things each and every day. Often, it is not what we say that matters most to teenagers but what we do.

None of us can anticipate everything our children may do and we can only do the best we can to help protect them and help them make their way in the world. A good way to give them a good start is to preach safe driving from the time that proceeds when they get their license.

Buckle up my example, stop at stop signs completely, and talk to them about evasive actions and appropriate responses as they come up.

It will pay dividends in the end.

Continue reading "15-Year-Old Driver Runs into Two Children" »

One thing I have learned in many years of personal injury law practice is that emergency rooms are for emergencies. They are not for treating non-emergency situations. Many car accident victims are transported to the emergency room, checked out given x-rays and told to follow up with their personal physician or a recommended physician.

The victims mistakenly believe they are fine only to find out down the road that x-rays do not reveal serious disk issues such as a herniation or disc bulge and sometimes requiring surgery.

That is not to say the hospital is in any way at fault only that to be released from an emergency room does not mean you don't need further treatment. Additionally, there is an expectation once x-rays were taken that everything is okay, and that is not always the case. X-rays are great for showing fractures and breaks but not spinal cord injury involving the discs of the spinal cord, which are not reflected on x-rays.

The point of the story is, follow-up on your doctor's advice and if you're emergency room physician tells you to follow-up with a physician do so. And follow your doctor's advice.

Continue reading "Emergency Room Treatment After an Auto Accident" »

A winter storm that wreaked havoc across a large portion of the country - and the impact it had on drivers everywhere is reason enough for me to offer caution to people who would consider venturing out onto public roads when warned off by authorities.

To begin with - in today's environment of 24 hour news - coupled with technological advancements in weather forecasting - only a hermit would be unaware of an impending storm well in advance.

News announcers drone on and on about expected snow fall levels and ice and sleet hazards. The reason I bring this up is that when a person gets into their car to drive after a storm has been predicted to begin and continue over a certain time period - is gambling (with their life and others).

Take, for instance, those drivers along Lake Shore Drive in Chicago. Dozens and dozens of cars were left abandoned as police and emergency personnel worked to rescue drivers whose cars became stuck thanks to a foot or more of snow that fell in a short period of time.

This identical scenario was repeated on highways across the country. There's no doubt in my mind that those drivers wish they would have heeded the warnings of local and state officials who repeatedly stated that people should stay home.

Inclement weather is an expected part of the winter season. But when weather experts are all but begging states to close down all public buildings and advising people to remain in their homes - this is more than a little rain and snow - and the smart person listens to the advice of the experts.

Continue reading "Driving in Bad Weather" »

Hiring a car accident attorney in Los Angeles may be a wise choice after a collision. Los Angeles personal injury victims can be faced with a number of challenges after a car accident. Dealing with their injuries and the insurance company can be a difficult task.

Insurance adjusters will usually contact accident victims after their incident to settle their claim. Knowing that the adjuster is not your friend and does not have your best interests in mind is important when dealing with the insurance company.

Insurance companies are for profit businesses. To help increase their profits insurance companies have trained insurance adjusters to withhold as much money as possible. As an accident victim, you want the exact opposite. To receive a maximum settlement from the insurance company you will need skill in two critical areas: preparation and negotiation.

Before you dive into your case, you will need to prepare yourself. You would not take a trip to Europe without planning all the details. A personal injury claim is no different. To prepare yourself for an injury claim you should answer the following questions:

What is the strength (evidence) of your claim?

What is your settlement goal?

What is your settlement bottom line?

What alternatives do you have if you don't settle?

The strength of your case will lie in the evidence. Preparing statements of witnesses, police reports, photos, and documentation of your losses will help you to receive a fair settlement.

After preparing your evidence, you will need to present this information in a cover letter -- also know as a demand letter. The cover letter will list damages and summarize the evidence.

Researching similar cases is another great way to prepare for your case. Go to your local law library and research similar claims others have received. When negotiating your claim reference these cases.

Define a settlement goal for your injury claim. This will include your bottom line -- the lowest dollar amount you are willing to walk away with -- and your ideal settlement value. If the insurance company denies your bottom line what alternatives will you pursue (go to small claims court, retain a personal injury lawyer)?

Continue reading "How to Prepare For Your Los Angeles Car Accident Claim" »

If you have been involved in an automobile or 18-wheeler accident in Texas then you may have a number of questions you need answered relating to responsibility and compensation.

If I and/or my family were victims in an automobile accident then will I be required to use my own insurance to pay for medical and/or property damage expenses?

Hopefully not, if the other driver has insurance is ticketed by the police for that would demonstrate he or she may have been negligent in causing the accident then his or her insurance company should be responsible cover the reasonable cost of medical expenses and car repairs.

Sometimes however, in Texas, insurance companies are now extremely aggressive and often deny legitimate claims and force litigation in part because of the rights stripped from Texas families with "tort reform".

In other situations some large well known insurers take such outrageous positions that an innocent victim can not settle his or her own clear liability claim and they are made to either accept an outrageous lowball insurance company settlement offer or hire a personal injury lawyer.

The real adverse consequences to Texas tort reform has been that insurers now routinely force families to file lawsuits on clear liability claims, which is an injustice to the victims and also to the negligent person who now gets sued because his or her insurer required a lawsuit to be fair on the claim. Some insurers use "employee" attorneys to keep their costs down and profits high and many take steps to make sure that the litigation is a costly to bring as possible to the injured victim. Often hiring bogus medical professionals to run up the lawsuit cost to the innocent victim.

There are now a number of frivolous claims in lawsuits in Texas and the vast majority of them are frivolous defenses by the insurance companies in litigation only because of their unfair and bad faith claims handling practices that forced into court a matter that should have been settled.

Other states have taken some of the well know insurers (who reap huge profits in Texas) to court and have not only reduced the outrageous premiums sought but required changes in their claims handling practices- to protect their states families.

Unfortunately, for Texas families, in Texas it does not appear that anyone is trying anything to protect our families from the insurance company abuses we now see in Texas every day.

If you've ever been in a position to rent a car it's probably because you're having problems with your own vehicle or in other circumstances that require the extra financial burden of taking on the cost of yet another vehicle.

You're probably too harried and frustrated to even consider that there have been mechanical problems with rental cars that can be as problematic as that you are enduring with the car or truck you own.

A recent expose by a national newspaper uncovered the fact that the number of problems with rental cars has been found to be not insignificant - and some have even been deadly.

One of the worst incidences of rental car mechanical problems occurred when two sisters rented a subcompact from a rental car company that had failed to attend to a safety recall on the vehicle the girls leased for the weekend. The car subsequently suffered a mechanical failure that caused the girls to lose control of the car. They were killed instantly in a head-on collision when their vehicle crossed the median into oncoming traffic.

There are countless other examples - some not so serious - of car rental problems that have resulted in the compilation of a list of suggestions for all persons to refer to when renting a car.

These include ensuring that your own insurance company and/or credit cards cover the damage that may incur in the use of the rental car, carefully inspecting the car for damages before driving it off the lot of the car rental company and when returning it - and, although this may seem extreme - even taking pictures of the car so there is no question about its condition. And as always, drive safely.

Continue reading "Rental Car Woes" »

If you have been involved in an automobile or semi truck accident then you (no doubt) have a number of questions you need answered relating to accountability and compensation. Here are some common questions in see in my Texas personal injury practice.

If I and/or my family were victims in an automobile accident then will I be required to use my own insurance to pay for property damage expenses?

Not usually, if the other driver is cited for any number of reasons that would demonstrate he or she was negligent in causing the car accident then his or her insurance company may choose to pay for the car repairs, and rental car while yours is getting fixed.

If the accident is minor and everyone agrees that they suffered no injuries (beyond a little shaking up) then should we seek medical attention?

After an accident I always recommend that everyone involved seek medical attention if they have any reason to believe they were injured. The reason for this is that often enough there are symptoms to physical problems that will develop hours, days and sometimes weeks after the initial accident related to the collision that may not manifest initially.

If so, then this will need to be declared in order for the negligent party's insurance company to pay the costs for medical treatment of the malady. The other persons insurance company will use any excuse it can to try to deny or reduce your claim.

In a Houston car accident some months ago a woman was in a fender bender with another car, they exchanged information and she sought no medical treatment until a day later she had a terrible headache, she went to the hospital and never left it- dying some 10 days later! If you have any reason to feel you may have been hurt- be safe get it checked.

Will the insurance company for the other driver pay for my medical expenses up front?
No- the insurance company for the other driver will not normally pay up front for your reasonable medical expenses- they may as part of a settlement reimburse you for medical bills you have paid or incurred.

Whether I am the negligent party or the injured party - is it necessary to retain the services of an attorney?

There is any number of reasons to seek legal counsel after an automobile or truck accident. Often legal issues may arise that the insurance company wants to record in a taped statement- it is best to speak with a Texas personal injury lawyer before giving a statement about a Texas car accident.

Every state in the country has adopted its own vehicle insurance statutes. Those who have a vehicle licensed in Texas must carry liability insurance at all times. According to the Texas Department of Insurance:

Liability will pay for necessary medical and repair expenses for the other party following an accident for which the insured is responsible. The state has mandated a minimum level of coverage that is considered acceptable.

Liability minimums in TX are:

*Twenty five thousand dollars for medical expenses incurred by a single individual (driver who is alone in the car at the time of the accident)

*Fifty thousand dollars for the combined medical expenses of all of the occupants of the vehicle when it was struck.

*Twenty five thousand dollars for any necessary property repairs, including those for the victim's vehicle.

Statistics show that the number of underinsured and uninsured drivers on state and national roads is alarming and the consequences of these circumstances are far reaching.

In a pilot program two years ago state troopers began an insurance verification program. In a test run of a single county over 25% of drivers were found to be uninsured. The troopers stated further that in some counties they expect that over half the drivers are uninsured. That is an astounding conjecture but not altogether unbelievable in these challenging economic times.

For many it has come down to the choice between auto insurance and their family's more immediate needs. Unfortunately, it's a frightening risk to take.

Continue reading "Minimum Liability Insurance Coverage In Texas" »

Dealing with the insurance adjuster on personal injury claims has gotten much more difficult given the scorched earth policies many insurance companies have recently implemented. All to often, personal injury victims do not know their rights or how to handle the claims process.

Here are a few ideas:

SEEK THE MEDICAL CARE YOU NEED RIGHT AWAY

The most important thing you have is your own health and the well being of your family. Get the medical care you need and do not delay in seeking that treatment. If the problems you have persist, don't be afraid to ask for more advanced testing such as CT scans, for head injuries or an MRI testing for spinal cord injury. Specialists such as orthopedic surgeons usually require weeks advance notice to get an appointment so call your chosen doctor as early as you can.

DO NOT GIVE A STATEMENT TO THE ADJUSTER FOR THE OTHER PARTY

Some insurance adjusters are out only to get the facts to determine whether or not to pay a claim, while other adjusters see the statement as their first opportunity to set the injury victim up for them to reduce, defend or deny the injury claim. The best choice is to talk with a reputable personal injury lawyer before you give any statement.

DO NOT SETTLE THE CASE UNTIL YOUR INJURY HAS COMPLETELY RESOLVED

When you settle the case, your rights to compensation terminate and if you are mistaken about how badly you are hurt or the need for future medical treatment because of an auto accident you will be out of luck for having the insurance company for the wrongdoer pay subsequent medical expenses. Get a clearance from a doctor you trust before you seek a settlement.

DO NOT EXPECT THE ADJUSTER TO BE FAIR

Adjusters work for the insurance company, their job is to pay you as little as they can get away with for the personal injury claim. If you are unsure of the value of your claim talk to a qualified accident and injury lawyer.
If a drunk driver has seriously injured you, and he has a large policy, expect the adjuster to act like your best friend (until you talk about money). If you have minor injury in a small case- don't expect your phone calls to be returned or even to be treated with courtesy when talking money.

Continue reading "Handling a Houston Car Accident Claim Yourself" »