Telematics and Wearables Record Your Data Constantly

You’d be hard pressed to find someone these days that doesn’t have a smart phone, a smart watch, or a smart car (not to be confused with a Smart car which is a brand of itty bitty vehicles).  We’re constantly connected, and whether we like it or not our data is being scanned, compiled, and often sold.  All that data, however, can produce a very rich digital record of what happened before, during, and after your car wreck.  Your speed, your heart rate, how hard you braked, and more might be available to investigators.  It can help you prove your case, but it could also hurt your case if it’s incomplete, misinterpreted, or doesn’t corroborate your story.  The Car Crash Captain looks at what you need to be aware of.

What Your Devices Actually Record

Event Data Recorders (EDRs) have been installed in passenger vehicles since the early 2000s.  It’s estimated that today around 96% of new vehicles have these black boxes that record data continuously (overwriting past data until a crash stops the overwriting process).  Similar to the black box in an airplane, they can provide vital clues as to how the vehicle was being driven before, during, and after an accident.

Your phone also keeps track of certain data.  If you have an iPhone, you can set a feature up that automatically turns on DND once you hit 10 miles per hour.  Newer phones even have a feature that if it detects a sudden stop or jarring movement, it will alert EMS unless you instruct the phone not to.

Smart watches record heart rates, steps, and can have a fall or crash detection feature.

All of this data is stored somewhere.  And in some cases it can be court ordered to retrieve that information if a person is not providing it willingly.  But will it make a difference?

How That Data Can Help Your Claim

Assuming you’re not lying about what happened, the EDR or phone data can be analyzed to match the moment of impact, and then cross compared with medical data to show that medical issues were not present before the wreck, but now they are showing up.

The heart rate on your smartwatch can show it elevated at the time of the wreck, and the lack of steps show you were indeed driving at the wreck.  Abnormal sleep patterns that pop up after the wreck can show that pain and reduced activity could be a result of injuries you sustained in the crash.

How that Data Can Hurt Your Claim

It’s not as easy as merely showing your phone and the logs recorded on there.  The court might require authentication of the data, and if it can’t be authenticated, it may not be admissible.

Heart rates can spike for non-issues (like being startled by a spider, or remembering a past incident that irritated you and you get worked up all over again.  The accelerometers on a phone can misclassify non-crash events.  When Apple released their crash detection feature on iPhones, there were hundreds of “fake” 911 calls, especially from people skiing.  It turns out that a fall while skiing down the mountain was significant enough that it would call for help.

This data can sometimes be hard to obtain too.  Improperly obtained digital evidence may be suppressed or considered inadmissible by the court.

What to Do After a Wreck

For the most part, if you were indeed in a wreck, and you were injured because of someone else’s negligence, there are a few things to do so your Texas car wreck claim goes as smoothly as possible.

• Ask first responders and medical doctors to make notes in their records that indicate you have a wearable – especially if it alerted the crash or fall.
• Take photos and screenshots that show timestamps of any alerts.
• Ask for the EDR to be downloaded by a qualified technician.
• Stay off social media for a while so you don’t accidentally say something that could hurt your case (learn more about that on our blog about how social media can hurt your case).
• Let Herbert Law Group help you obtain the maximum compensation for your injuries.

Herbert Law Group Helps Dallas Area Car Crash Victims

Our offices are located in Richardson, Texas, but we serve clients from all over the area.

If you were injured in a car wreck that wasn’t your fault, then we should talk about how you can find justice and compensation for your injuries.  It all starts with a simple phone call.

Let’s hear what happened, and then we can determine how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll get in touch with you for a free initial consultation.

After a “Minor” Accident, Chronic Pain May Pop Up

If you were the victim of a minor accident, you probably weren’t as distraught as you would be if it was a major wreck.  Of course, by minor we mean no serious injuries like bone fractures, loss of limbs, severe lacerations, and all of that.  It’s one where it was relatively low speed, the car is messed up, but no obvious injuries that look like they’re going to disable you or require massive hospital bills.

These so-called minor collisions, however, can result in major problems.  Soft tissue injuries, nerve damage, trauma, and delayed onset pain are just a few that are mostly “invisible” but can lead to long-term problems.  Let’s see how the Car Crash Captain, your car wreck lawyer in Richardson, Texas, explains the situation.

How Chronic Pain Develops After a Wreck

No matter how minor the wreck seems, the body gets bounced around a bit.  Those low-speed collisions can end up causing whiplash, spinal jarring, joint issues, inflammation, stretched ligaments, and even minor fractures.  Most of these injuries aren’t visible, and often they don’t even cause immediate pain (sometimes due to adrenaline that’s causing your brain to ignore the pain).  But that pain will come later.

One of the issues, though, is that it’s not always pain the way we think of pain – that sharp sting or dull ache.  Instead, this pain can show up as stiffness, decreased range of motion, fatigue, and of course, those common aches we refer to as pain.  If they’re left untreated, they can take months or years to go away; often they just keep getting worse.

And the big issues start to compound as your quality of life diminished, your ability to work is affected, and your sleep is upset.  Ultimately, these “invisible” injuries can cause severe problems later on.

Why Insurance Companies Push Back on These Claims

If you get in a wreck and your bumper really just barely touches the other car’s bumper, and you don’t see any physical damage, would you panic?  Often people don’t even worry about it, shake hands, call it good.  But internally, the vehicle could have suffered from issues.

When it looks minor, it’s assumed you need minimal treatment, and you must be fine.  When an insurance adjuster sees you, and you’re minimally affected (at least externally) by the wreck, they believe you are probably fine.  That’s especially true when the pain doesn’t show up right away.  If you’ve already settled, and now that chronic pain is popping up, there’s not much recourse.

Just know that if the adjusters are pushing for a quick settlement, demanding recorded statements, and minimize your need for follow up care or ongoing treatment, your red flag indicator should be sounding the alarm.

How to Protect Your Rights as a Victim

Fortunately, you have rights as the victim, and there are methods to ensure you receive the justice that you deserve.

• Make sure you’re working with a qualified car wreck lawyer.  Qualified, in this sense, means one that has the experience and not only the credentials.
• Always document your injury progress.  This written record of how you’re feeling, what’s going on, and the treatment you’re receiving is vital to prove your claim.
• Don’t skip your appointments.  Even if you happen to feel good that day, keep the appointment and have it all documented with official medical records.
• Avoid social media for a while.  Anything you post can be used against you, and when faced with big payouts, the insurance companies are going to use anything they can against you.

Let Herbert Law Group do the Hard Work

Herbert Law Group has worked with thousands of clients in the Dallas area, and we know how to fight for your compensation.  When the insurance companies push back, we know how to push back harder.

Those minor car wrecks can lead to chronic pain.  So, if you’ve been injured, we need to talk before you speak to the insurance adjusters.  And all of that starts with a simple phone call so we can know just how to help.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you for your free initial consultation.

It’s Just a Bump, Right?

Here’s the situation.  You’re in a car wreck, and it doesn’t seem all that bad.  You bonk your head pretty hard, but you feel okay.  You can get out, survey the damage, swap insurance information.  You take pictures, get witness statements, and ultimately you get back in your vehicle and drive home.  No broken bones, no huge trauma that requires emergency transportation to the hospital.  That night you feel restless.  A few weeks later, you feel quite off.  Daily headaches that won’t quit, brain fog, irritability, and difficulty sleeping persist – symptoms of that head bonk you thought would go away after a day or two.

You’re suffering from a concussion.  A mild traumatic brain injury that comes after hitting your head.

The issue with concussions is that many of the symptoms can take days or weeks to really set in.  And the hidden cost of a concussion might not be noticeable until much later.  The Car Crash Captain explores this situation on what happens when you’re in a wreck and leave with a concussion.

Why Concussions are Often Overlooked after a Wreck

Because you walk away from the accident feeling mostly fine, you might not think there was any damage to your brain.  Those symptoms don’t set in right away, due to a few factors – not the least of which is the adrenaline coursing through your body after the wreck.

You don’t have to go unconscious to suffer from a concussion.  You might not even have to hit your head very hard to cause some damage internally.  But it’s done, it’s internal, and it can lead to serious issues.  The hidden cost of a concussion actually goes beyond medical costs.

The Medical Costs of a Minor Brain Injury

Medical costs are what we call economic damages.  You have a bill, it has a defined dollar amount, and it needs to be paid.  However, these costs can add up, and can be ongoing.

If you settle with the insurance company, but you need an MRI or CT scan months down the road because you’re not recovering as quickly as you thought, can you go back to the insurance company and say, “Hey, I need a little more money to recover from this wreck!”?

The answer is, no.

But the prescription meds for headaches, dizziness, and anxiety can keep piling up.  There might even be a need for therapy to help get you back on track.

The Emotional and Cognitive Toll of a Concussion

That’s because the hidden cost of a concussion isn’t just economic damages.

If you’re in school, and you can’t concentrate, and you fail a few tests, what’s that worth?  How do you put a price tag on that?  The emotional damage you suffer because now you feel like you’re no longer in the “smart kid” group can be crippling.

Mood swings, depression, and irritability can take a toll on your relationships.  You might lose your job, damage friendships, or end your marriage because of them.  And this doesn’t all happen in a few days.  These post-concussion symptoms can last weeks, months, or even longer.

Some Hidden Costs of a Concussion

Now you’re struggling and you don’t even realize why you’re struggling.  You feel like the accident was so long ago, that you ought to be recovered by now.  You use up all of your sick pay, you burn through your PTO, and now you’re forced to take time off without pay.

Your love life suffers, but you remain married.  You suffer from what is called loss of consortium; no longer able to be intimate with your spouse.

Hobbies don’t bring joy anymore, and depression worsens.  The hidden cost of a concussion is there, and you don’t even realize all of this is happening because of that small bonk on the head after being involved in a car wreck.

What the Insurance Companies Won’t Tell You

One of the worst parts is that the insurance companies will downplay this injury.  No broken bones, no blood, and no major (visible) trauma means no injury… or at least that’s what they want you to think.

That’s why you need an experienced Texas car accident lawyer that can help you recover both the visible and the hidden cost of a concussion.

How You can Seek Compensation for a Concussion

Herbert Law Group has helped a lot of clients recover more than they thought possible after a wreck.  It’s not about making money on your suffering, it’s about recovering enough to cover all of those future medical bills, therapies, and compensate you for lost time at work and loss of enjoyment in your life.

If you, or a loved one, has suffered from a concussion after a wreck in Texas, don’t let the insurance companies minimize your pain and suffering.  Let’s talk about what happened, and come up with a plan on how Herbert Law Group can help you find justice.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to get things started.

How Animal Collisions Vary by Location and Species

If you’re driving through rural Texas, and a deer jumps out in front of your car, you probably know that the collision isn’t really anyone’s fault.  Perhaps, if blame must be placed, it lies on you for going too fast.  You get the vehicle fixed using the comprehensive portion of your insurance.

But what if you hit a domestic animal?  Or perhaps livestock?  Wild animals, like deer, hogs, and coyotes, don’t have owners.  There’s nobody responsible for keeping them contained.  However, livestock and domestic animals are generally supposed to stay off the roadways.  The Car Crash Captain looks into animal collisions in Texas, and what you should know about liability.

Fence Laws for Livestock in Texas

The general rule for Texas is that livestock can be run as “open range.”  That means the livestock is free to roam around as they please – no fences required.  Those laws, however, are the baseline and each individual county can put their own laws into place.

So, for those counties that haven’t put in a livestock fence law, it’s still open range.  But for many of the counties, such as Dallas County, there are laws in place that state livestock must be contained within fences.

Any controlled access highway (those interstate highways that crisscross the USA) have to be free from livestock or other domestic animals.  Cars and trucks are moving far too fast to have to worry about open range livestock crossing these roads.

Who Might Be Liable after Animal Collisions?

Now that we know that wild animals basically do whatever they want, and most of the counties in Texas at least have some sort of laws in place to control livestock from wandering onto the roadways, what happens if you hit an animal?  Of course, there’s not much recourse if you hit a wild animal – your own insurance and medical payments should kick in.  But what if the animal is owned by someone else?

If you’re in a county where animals are supposed to be contained, and you hit livestock or a domestic animal, the owner of that animal is usually found liable.  You can pursue damages from them for your property damage and any injuries that result.

Proving ownership, however, might not be as easy as it sounds.

How do You Prove Liability if You’ve Hit a Domestic or Livestock Animal?

Texas transportation code says that if you’ve been involved in a collision, even a collision with an animal, you have to stop and exchange information.

Texas agricultural code says that it’s illegal to knowingly allow livestock to roam on a highway when fence laws are in place.

However, there are some key points here.  First, the word “knowingly” is in there – an animal that breaks through a fence onto the highway isn’t being allowed to roam on the highway.

Regardless, first, you have to know who the responsible part is:

Animal Owner – Is the person responsible for restraining the animal the liable party?

Landowner – Is the owner the land responsible because fences weren’t maintained?

Government – Was the government somehow negligent in keeping animals off the road?

Nobody – In the situation where a wild animal is hit, nobody is liable.

Even when a part is known, then you have to prove liability.  You have to track down the owner of the animal – something that can be done through branding and tags if it was livestock.  Even then, it’s not entirely straightforward.  Instances of stray animals or animal control responses at a person’s residence can be used to prove liability.  Documentation of broken fences or open gates, police reports, and anything that shows these animals should have been contained, but were not, can be helpful when building a case.

Herbert Law Group Helps Accident Victims Heal

What you don’t want to do, however, is play amateur investigator while you’re trying to heal.  You already have a busted up car and bodily injuries to tend to.  Leave the rest of the hard work to Herbert Law Group.

We can analyze what happened, track down owners, figure out liability, and pursue justice.

But we need to know what happened first.  Let’s have a phone call and see how we can help.  No obligation, just a friendly conversation.  Call our office at 214-414-3808, or fill out the contact form on our website and we’ll be in touch with you.

Some Vehicle Repairs are Best Left to the Pros

Imagine you’ve been in a wreck.  It doesn’t seem terribly serious, and even though there weren’t injuries, there was damage to the vehicle.  Rather than pony up a lot of money for your insurance deductible, you manage the repairs yourself.  It saves thousands of dollars, but actually violates emissions laws, voids the warranty, and creates a bit of a nightmare when you try to sell the car.

Today, the Car Crash Captain looks at why DIY vehicle repairs likely aren’t in your best interest.

What DIY Vehicle Repairs Actually Means

If all that happened was your door was dented and you swapped out a new door panel, that’s considered to be cosmetic.  There are no big worries here about DIY fixes.

However, the vehicle repairs we’re talking about are those that end up repairing something that has to do with the structural integrity of the vehicle, or the safety components, or emissions-related repairs.

Here in Texas, you’re responsible for the vehicle’s condition on public roadways, including emissions testing in 17 counties – all around the major metro areas in the state including the metroplex area.  This means if you mess up one of the repairs, and your vehicle becomes less safe on the roadways, you could be held liable for a future wreck.

Four Issues that Come with DIY Repairs

DIY vehicle repairs aren’t easy to begin with, which is why most people just rely on insurance to pay for the damage.  However, if you were the at-fault driver, and you only had liability insurance on your vehicle, then you might be tempted to tackle some of these yourself.  There are four big issues that come up when you’re doing the repairs on your own.

1. Emissions – straight piping your vehicle (in other words, removing the catalytic converter) is illegal.  Vehicles in metro areas in Texas have to pass emissions testing, and when you do repairs on your own, you might not keep your rig in compliance.
2. Airbags – Airbags are tricky.  They can be reset, but it’s quite expensive to do so at an auto body shop.  For good reason, they aren’t something that can easily be done and if done incorrectly you could put yourself at risk.
3. Odometer – Many wrecks mess with the odometer and how miles are recorded on your vehicle.  Tampering with the odometer is illegal, and you may inadvertently tamper with it if you’re doing your own repairs.
4. Title – When a vehicle is wrecked beyond what is salvageable, it’s given a salvage title.  After repairs it must pass safety standards to be titled a rebuilt salvage.  However, if you’re doing repairs on your own, you can get around the salvage title.  Doing so is unethical and could be illegal.

Wrecks Causing Injuries are Entirely Different

If you’re in a wreck and the damage is less than $1,000 and there are no injuries or deaths, you don’t have to call the police.  Even DIY vehicle repairs can easily surpass that thousand-dollar threshold and if any party is injured, it’s very likely there will be significant damage.

Any time someone is injured in a crash, it opens a whole new set of rules and guidelines, and insurance is going to end up involved.  If you were injured, you need to have Herbert Law Group helping you so you aren’t taken advantage of by insurance.

Herbert Law Group Helps Injured Crash Victims

If there were no injuries, there’s not a whole lot any personal injury lawyer can do for you.  Even if your vehicle is mangled, you’re out of transportation, and the other party is being standoffish, your best bet is to read up on how to negotiate with insurance companies to maximize your payout.

However, if you were injured, then we can help you.  Most insurance companies won’t account for pain and suffering that you go through.  And trying to negotiate this on your own might not get you where you want to go.

Here at Herbert Law Group, we have a great track record of helping victims by minimizing their stress and maximizing their payout.  Let’s talk about what happened, and see how we can help with a free phone call.  Simply call our office at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you.

How Accidents Work with Ride Share

It can happen to anyone.  You’re driving safely, noticing other vehicles and driving defensively.  Out of nowhere you’re plowed into by another vehicle and you’re injured in the car wreck.  You find out that the other driver was working for Uber at the time of the crash.  You’re wondering how it works if you’re hit by an Uber driver – is there special insurance they have?

Today the Car Crash Captain looks into the Texas law and how the insurance rules change just a bit when a commercial driver, such as an Uber driver, is involved.

First Things First – Be Safe

Most accidents will have the same safety protocol: clear the area, be safe, call the authorities, seek medical attention, give a police report, and more (you can read all about what to do after an accident on our previous blog).

There’s a little bit more that you should keep in mind if you’re hit by an Uber driver.  When you’re giving the police report, make sure they include in the report that the other driver was actively working for Uber at the time of the wreck.

Collect This Bit of Key Information

You’ll want to collect all the information just as you would with any other wreck.  Including:

• Driver’s Name
• Contact Info
• License Plate Number
• Insurance Information
• Witness names and statements

But you need to go one step further.  You need to know if they were actively driving for Uber (or Lyft, or any other rideshare companies that are out there) at the time of the wreck.

This is important because insurance liability changes if the driver is working or not working.

Be Aware of the Laws and Document Everything

You don’t need to know the Texas car wreck laws in and out.  However, you should at least be aware that there are some nuances that come into play when someone driving for Uber or Lyft hits your car.

If the app is off, the driver isn’t driving for Uber, their personal insurance applies.

If the app is on, and the driver has not accepted a ride, then Uber’s insurance kicks in and offers (usually) the state minimum requirements.

If the app is on, and the driver is en route to pick up a passenger or actively transporting a passenger, then Uber provides a $1 million liability (plus there’s usually an uninsured or underinsured motorist coverage in there too).

This matters because if the driver was actively working (not necessarily with a passenger in the vehicle) then you could be able to tap into that $1 million policy.

Speak with Herbert Law Group Before Anything Else

This isn’t your normal fender bender.  Not even a run-of-the-mill wreck that resulted in injury.  Wrecks with on-duty Uber drivers mean corporate policies, multiple insurances, and possible independent contractor defenses.

Those corporate policies mean corporate lawyers that are bent on ensuring their money stays in their pockets. They’ll work extra hard to show they weren’t entire at fault.  Even twisting your words against you.

That’s why you need Herbert Law Group.  No more dealing with insurance companies, we’ll handle all of that.  You focus on healing from your injuries, and let us do the stressful stuff.

Let’s chat about what happened.  Call our office at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.

Strengthen Your Texas Car Wreck Case with Documentation

Insurance companies love to nitpick when it comes to your case.  To ensure they don’t have a leg to stand on, it’s important that you document your injury progress to show that you certainly were injured in your car wreck, those injuries reduced your quality of life, and you deserve compensation that will fully satisfy the needs and expenses you’ve incurred.  The Car Crash Captain looks into how strong evidence is the key to ensuring you get what you deserve.

Why Injury Documentation Matters

If you’re checked out by a medical professional immediately following the accident, you shouldn’t have a problem with injury documentation, much is done at the hospital for you.  However, the more documentation of your injury progress you make, the better your claims will be for medical expenses, lost wages, and pain and suffering.  Great documentation reduces disputes.

Document Everything from Day One

From the very beginning, seek medical attention.  Even if you “feel fine” go to get checked out.  Your adrenaline will be rushing following the accident, and that adrenaline can mask the symptoms of anything that might be wrong.  Go back for your follow-up appointments, and tell the doctor every symptom; even those that seem like they’re minor.

Request copies of all your medical reports, X-rays, and test results.  These can even be stored digitally on your computer.

Consider an Injury Progress Journal

Between appointments, keep a journal to show your injury progress.  Morning, noon, and night write down the following:

• Pain Level
• Physical Limitations
• Emotional and Mental Effects
• Missed Work or Activities

This journal will show the long-term effects of your injuries, and provide a clearer look at how you’re being limited at home.  It’s something that more than medical reports can capture.  Record dates, times, and doctors when going in for appointments.

Take Plenty of Pictures

If your injuries can be seen, take plenty of pictures to show what is happening with your body.  Show all bruises, swelling, casts, stitches, and anything else that looks important.  If you require crutches, a wheelchair, or other aids document how your life has changed while using them.

Make sure you capture plenty of angles, turn the time stamp feature on, and use natural lighting to show exactly what’s going on.  Keep documenting for an extended period to show your injury progress or lack of healing.

Save All Related Expenses

Some expenses aren’t going to be covered by insurance.  Transportation to, and from, medical visits should be covered – even if you drive yourself (or a family member takes you) and there seems to be no costs.

Keep track of all home modifications and assistive devices that you have to purchase.  Even if you get them second-hand and are only a few dollars, that record shows more than just a small purchase; it shows that your injuries were severe enough to warrant a change of lifestyle.

Record anything that has changed because of the injury.  Childcare, lost wages, out-of-pocket costs (even for bandages, gauze, pain killers, and disinfecting soaps).  If you wouldn’t have made the purchase before the injury, it’s likely an expense related to your car wreck.

Work Closely with Herbert Law Group

Throughout all of this, make sure you’re working closely with Herbert Law Group.  Our lawyers know exactly what to look for, how to pursue compensation that adequately covers your costs, and will deal with those pesky insurance companies on your behalf.

The documentation of your injury progress will come in handy to help us create a clear and persuasive narrative that brings you justice.

Let’s talk about what happened, and come up with a plan on how we can help.  Call our offices at 214-414-2808, or fill out the contact form on our site, and we’ll be in touch with you for a free initial consultation.

Here’s Why Being Polite isn’t the Best Method

We were raised to be polite.  Saying, “Yes, ma’am” and “No, sir” wasn’t a formality; it was expected.  So, we use our pleases and thank yous.  We hold doors, and we apologize if we’re in the wrong.

Those are all good things.  But not if you’ve been injured in a car wreck.  If you’ve been injured in a car wreck, and you weren’t the at-fault driver, there’s no reason to apologize since you weren’t in the wrong.  This seemingly innocent two-word sentence, however, can land you in a heap of frustration when you’re trying to collect on a settlement.  The Car Crash Captain explains why “I’m sorry” might sound like, “I’m guilty.”

Why do We Say I’m Sorry?

It certainly has been instilled in us that apologizing is the polite thing to do.  However, we do it when we’re not actually in the wrong.  Part of it is because we have been told to care about others.  If they’re hurt our instincts are telling us to ensure they are safe.

While there is a big difference between showing empathy and admitting legal responsibility, the insurance companies really like to twist that around.  They know that it’s going to be difficult to prove the meaning and intention behind your words, and they might be able to reduce your settlement claim because of it.

Understanding the Legal Framework of Texas Car Wrecks

Texas applies what is called the modified comparative fault rule (Texas Civil Practice and Remedies Cod 33.001).  What this means is that a driver found to be greater than 50% responsible for the wreck can’t recover damages.

You might think, “Okay, no problem, maybe saying ‘I’m Sorry’ bumped me to 10% at-fault, I’m still the victim!”  You certainly are the victim; however, your settlement can be reduced by 10% if you’re found 10% at fault (and any other percentage until you hit 51% at fault, then you receive nothing).

How I’m Sorry Can Be Misunderstood

Suppose you’re rear-ended at a stoplight.  You’ve done nothing wrong, but now you’re suffering from severe whiplash.  You check on the other driver, as a polite citizen does, and find that the other driver is mostly okay.  A scratch on their arm that’s bleeding.  Your sentiments come out, “Ooh, I’m sorry!  It doesn’t look too bad though, I think once it’s cleaned up, you’ll be okay.”

You didn’t admit fault.  In fact, you weren’t even apologizing.  But your words can be twisted and used against you.

Instead, when you check on the other driver, focus on what needs done.  Ask, “Do you need medical help?” as it shows you care, but doesn’t imply guilt.

Exchange insurance information, cooperate with police, but avoid any blame discussion.

You Need Herbert Law Group to Back You Up

This shouldn’t be confusing, and really expressing concern and sympathy shouldn’t be a worry that you have.  That is, however, the world we are in.  And that’s why you need Herbert Law Group to back you up.

Even if you do slip up and say, “I’m sorry!” we’ve got your back.  We can investigate, pull out the details, and show that you did nothing wrong.  We can show that you were 100% the victim, and no amount of word-twisting is going to change those facts.

Of course, it’s easier if the words aren’t there to be twisted in the first place.

Have you been injured in a wreck?  Don’t deal with the insurance companies!  Instead, let’s talk about what happened so we can ensure you get the maximum settlement possible.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you.

Calculating Pain and Suffering After a Wreck

Pain and suffering aren’t tangible the way other damages are.  Sometimes they can even seem to be completely made up, as though someone just grabbed a number from thin air and said, “Oh, yeah, my case is worth this many millions of dollars.”  There is, however, a bit of a science to determining pain and suffering.  The Car Crash Captain takes a look at how your case is worth more than just what is easy to see, and how the insurance companies try to lowball you by ignoring pain and suffering.

What is Pain and Suffering?

In a wreck there are economic and non-economic damages.  Economic damages are those that are directly related to a financial loss – costs to repair or replace your vehicle, lost wages, hospital bills, and the like.  They’re all easy to calculate and pretty straight forward.

Non-economic damages don’t directly relate to a financial loss.  They’re tied to physical pain and emotional distress that is a result of the injury you sustain.  For example, chronic and lingering pain that reduces your quality of life; PTSD, anxiety, or depression; loss of enjoyment as you’re no longer able to engage in hobbies, intimacy, or daily activities.

Compensation for pain and suffering is tying a dollar amount to the non-economic damages.  But that’s where things can become a little hairy.  How much is chronic pain worth?  What compensation should you receive if you can no longer participate in your favorite hobbies?  What should you expect if you and your spouse split up because of the recovery period?

How to Calculate Pain and Suffering

There are two primary ways to determine the amount you can seek.  There’s the multiplier method, and the per diem method.

Multiplier – To determine the pain and suffering amount, you take the total medical bills and multiply by a number between 1.5 and 5 (5 if the injuries were severe, 1.5 if they were less severe).  For example, if you’re hit with $10,000 in medical bills, and your multiplier is 3, then you might seek $30,000 in pain and suffering.

Per Diem – This method uses a daily dollar amount that is multiplied by the number of days you’re in pain and unable to enjoy life as you used to.  For example, if you spend six months recovering, and the per diem is $150/ day, then you multiple 180 by $150 to get $27,000.

Both of these have their perks and drawbacks.  What if medical bills are ongoing and not one-time instances?  What if your pain will last the rest of your life?  Where is the cutoff on dollar amounts?

Instances like these are why you want to work with an experienced lawyer.  With millions of car wrecks per year that lead to hospital visits, and tens of thousands of victims who pass away, it’s very likely your situation has happened to someone else.  Looking at those cases, we can determine what a reasonable amount to pursue might be.

What Affects the Value of Pain and Suffering Claims?

A number of factors influence what can be pursued.  First, there are the easy-to-see factors:

• Severity of injuries
• Length of recovery
• Disruptions to daily life
• Psychological evaluations

But there’s more that goes into it.  Insurance companies are going to try very hard to minimize these claims, even going as far as saying the psychological damage was there before the wreck.  There’s also the fact that victims often aren’t good at documenting their recovery – if life really sucks now and you’re in a lot of pain, don’t minimize it saying, “It hurts, but not that bad.”

Your goal isn’t to lie and inflate the experience, but be honest and pursue what you’re owed.  That’s where Herbert Law Group comes in.

Herbert Law Group Fights for You

When you’re injured, or if your family member was killed, one of the last things you want to do is relive those moments over and over as you seek compensation.  You focus on you, we’ll take care of the hard stuff.

Herbert Law Group will help you by tracking down medical and psychological evaluations and documentations.  We’ll talk to the expert witnesses like therapists and doctors.  We’ll put together the compelling narrative of how your life has changed, and we’ll aggressively negotiate to ensure you get the maximum compensation allowed.

If you’ve been injured in a Texas car wreck, let’s talk about what happened.  Call our office sat 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you soon.

What Injury Victims Need to Know About Medical Emergencies

We have said it before, and we’ll say it again: even if you’re a completely safe driver, it’s hard to predict the behavior of other drivers.  You may be driving and following all the rules, when suddenly another driver swerves into your lane and causes quite the collision.  Later it is discovered that the other driver had a medical emergency; maybe a heart attack, seizure, or otherwise lost control of his or her vehicle.

The Car Crash Captain explores this situation and helps you figure out who is liable for your injuries in this situation.

Texas Sudden Emergency Doctrine

Here in Texas there’s what’s called a “Sudden Emergency” doctrine.  What this case law does is reduces, or even eliminates, the driver from liability if the wreck was due to unforeseen and uncontrollable medical events.  In other words, if the crash happened because of a medical emergency, the driver that had the emergency might not be at fault.

There are some stipulations that apply here, so you can’t just claim anything was a “sudden emergency.”  It must be:

• Sudden and unexpected
• Not caused by the driver through negligence
• Driver’s response must be reasonable

To ensure that this doctrine isn’t abused, it’s often imperative to evaluate the medical condition.

Evaluating the Medical Condition

One of the biggest factors with this doctrine is the fact that the emergency must be unexpected.  Drivers who have knowledge about their own medical conditions, such as epilepsy, heart disease, diabetes, or more, might still be held liable since an attack could be determined “expected.”

To decide whether or not it could be expected, we have to consider evidence such as:

• Medical records
• Physician’s advice
• Use of prescription medication

If medical records or advice show that the person is likely to have an attack, or shouldn’t be driving, but they do so anyway, they might not be able to argue this doctrine.  Or, suppose a driver with a known seizure disorder skips his or her medication that morning, that would mean an attack happened due to the driver’s negligence.

What You May be Liable For

If you’re hit by a motorist that is deemed to have suffered a medical emergency, and thus not liable for the wreck, what happens?

You, as the victim, might still be able to seek compensation if you have:

• Uninsured/Underinsured motorist coverage
• Personal injury protection benefits
• Health insurance or accident insurance

Sometimes filing a claim with these additional coverages is straightforward, but other times it’s not.  Keep in mind that uninsured/underinsured motorist coverage usually only covers medical bills – it often won’t cover damage to your vehicle (ask your insurance agent about uninsured property damage coverage for that benefit).

You Need Herbert Law Group

These situations are complex, and it’s precisely why you need a lawyer that understands Texas law, knows how to argue for you in court, and can discover evidence that otherwise might be missed.

In other words, you need Herbert Law Group on your side.

If you’ve been injured in a wreck, and the other driver claims a medical emergency, are you going to be able to research their conditions, find out their medical records, and argue that they knew about the medical condition and chose to drive anyway?

Not likely.  But we do.

Let’s chat about what happened and determine how we can help you.  Call our offices at 214-414-3808, or fill out the contact form and we’ll be in touch with you.