FAQ: Can I recover damages if I wasn’t wearing a seatbelt at the time of the accident?
Whether you are wearing, or not wearing, a seat belt at the time of the accident does not stop you from filing a lawsuit for damages. It can potentially, however, reduce the other party’s liability for injuries you suffer. In Texas, injured parties can be determined to be partly responsible for their own injuries if
Read MoreFAQ: The other driver’s insurance adjuster has requested my medical records. Should I release them?
You need to remember that the goal of the other driver’s insurance company is to pay as little as possible. While it’s likely that they will need to see at least some of your medical records, anything you release to them can be used against you. Only specific records pertaining to the accident are actually
Read MoreFAQ: How common are car accidents in Austin?
The Texas Department of Transportation reports that there were 12,433 car accident in Austin in 2021 (the most recent year for which there is data). According to AustinTexas.gov, in 2021, there were 112 fatal crashes in Austin. These resulted in 120 fatalities. About 1% of car accidents in Austin involved distracted drivers, while 8% involved
Read MoreFAQ: Who is responsible for damage to my vehicle form hitting a city street pothole?
Generally, maintenance of city streets is the responsibility of the municipal government, who are expected to inspect and maintain their streets. They may be found financially liable for damages resulting from their failure to do so. Such cases are complex and difficult. The plaintiff must prove that the city knew, or should have known, about
Read MoreFAQ: How can I maximize my compensation in a personal injury claim?
Maximize Your Compensation! There are a number of things you can do after an accident to maximize you potential compensation. 1. Gather Evidence. Using your phone, take pictures of all vehicles involved from a number of different angles. Do the same for any immediately apparent injuries. Take pictures of any stop lights or signs, and
Read MoreFAQ: How do I find the right personal injury lawyer for me?
If you have an injury claim, you want legal representation that is both experienced and skilled. To determine this, you can ask questions such as: How long has the law firm been in practice? What percentage of the firm’s practice involves personal injury cases? Does the firm generally represent plaintiffs (injured parties) or defendants (businesses
Read MoreFAQ: Do you have to accept an insurance settlement?
Absolutely not! The insurance company of the other driver is a business. Their goal is to maximize their profits by minimizing the payout to you. And settlement agreements are final and binding. They include a release of liability, meaning the insurance company is not responsible for any payments beyond the signed agreement. You cannot later
Read MoreFAQ: Is the rear driver always liable for a rear-end collision?
While the rear driver is often liable for an accident, it is a myth that they always are. The front driver can be found liable when pulling out of a driveway or parking lot, when turning, or when changing lanes. Generally, the lead driver must be found to have been negligent or reckless. This could
Read MoreFAQ: Do I have to call the police after a minor car accident?
According to the Texas Department of Transportation, you should always call the police in a car accident where: There are any injuries. There was a death. One or more vehicles are so damaged that they can’t be safely moved. You suspect that the other driver is under the influence of alcohol, drugs, or both. The
Read MoreFAQ: What is tort reform, and how does it apply in Texas?
Don’t get me started….Tort reform refers to proposed on enacted changes to a state’s legal system that attempt to reduce the ability of plaintiffs to bring litigation. They may also reduce the amount of damages that a plaintiff can receive. The Medical Malpractice and Tort Reform Act of 2003 went into effect in Texas on
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