It’s Not You; It’s Your Dashboard

Imagine getting into the vehicle, hitting the highway, reaching 70mph and then closing your eyes.  You don’t have to keep them long shut, just 5 or 6 seconds.  If someone suggested that you do that, you’d call them crazy.  Why would anyone, other than an impulsive or reckless new driver, even attempt that?  At highway speeds, you’re going over 100 feet per second; taking your eyes off the road for 5 or 6 seconds means you go the distance of two football fields.

For years the warnings have been out there: don’t text behind the wheel!  And the message has (sort of) worked; people are getting better at putting the phone down.  We’re not looking at our smart phones quite as much, but the distractions haven’t gone away.  In the last few years, manufacturers have been replacing knobs and buttons with giant touchscreens that pull eyes off the road for simple tasks like turning on the air conditioner, adjusting the radio, or defrosting the back window.

The Car Crash Captain looks at how we’re just as distracted as ever, but now vehicles are designed to require distractions.

Distracted Driving Has a New Look

Remember way back to the 1900s when campaigns were focused around drunk driving?  Some cities even touted lines like “Four out of Five of Us” meaning four out of five drivers don’t drive drunk (not that reassuring to think that if you’re out on a Friday night and pass twenty cars, you’re passing 4 drunk drivers…).  The shift, though, in the early 2000s focused on public safety in regards to phones and texting.  Then it was phone usage in general as social media surged onto the scene.

Now, more and more cars are quietly replacing the controls we always knew and loved.  Climate control knobs and levers became digital buttons.  Radio knobs were replaced with digital displays.  Seat controls, navigation, and just about everything else that was on your phone, got slapped up onto an oversized touchscreen built into the dashboard.  Now you can drive hands free because your dashboard is the new phone.

And you have to look away from the road just to do simple driving tasks that used to take a flick of the finger.  Imagine, we tell people not to hold their phone while driving, then we bolted a 15-inch computer to the dashboard and forced them to use it.

Convenience at a Cost

Technological improvements are great, especially in vehicle safety.  The old adage of, “They just don’t build them like they used to!” is a moot point because if you’re in a wreck, the vehicle is designed to protect you against bodily harm.

But now, we’ve gone too far.  You can easily develop muscle memory to slide a lever or turn a knob; you keep your eyes on the road and your hand mindlessly reaches out to turn up the volume or crank up the heat.  But on a screen, you have to pull your eyes away from the road just to see if you’re poking at the right place.

You have to aim a finger, read text, confirm a selection.  And if this is at night, that bright LED screen kills your night vision.

Some vehicles are worse than others.  Some put all of the stuff on the screen, others put most of it.  But likely, you’ve experienced it.  When was the last time you used a touchscreen while driving?  If your vehicle was built within the last 10-15 years, it was probably yesterday or today.

Manufacturers say these systems are cleaner, smarter, and more modern.  Safety researchers say they’re more dangerous and lead to more distracted driving than ever before.

Do Investigators Look at the Technology?

And that leads to a bigger problem.  After a wreck, investigators and adjusters are still looking at things through a 10-year-old lens.

• Was the driver speeding?
• Were they impaired?
• Using their phone?
• Driving recklessly?

They get statements, review footage, and sometimes the results can be: nope, all was just fine!

But they fail to ask the newest question: what was happening on the dashboard?  The driver could have been entering a destination in their GPS.  Perhaps they were trying to turn down the heat or the air conditioner.  Maybe an alert popped up, and a few seconds glance meant not seeing the road ahead of them.  Or they were flipping through the endless touchscreen menus that bury pertinent information.

The insurance company wants to paint distraction as a personal failure.  Now it’s time to start asking if the design of the vehicle played a role as well.

Herbert Law Group Knows What to Investigate for Distracted Driving

Technology is rapidly changing and adjusting the way we drive.  Wrecks are less fatal than they used to be, but there are far more vehicles on the road.

Black boxes, or EDRs, can give a lot of information about what happened before, during, and after the wreck.  But currently there are much fewer “screen recordings” inside of modern cars.  Depending on the make and model, some will record what happened on the screen, others will merely record that something happened, and some won’t record anything.  And that’s why you need a Texas car wreck lawyer to help you navigate this difficult and new world of technology.

Herbert Law Group serves the Dallas, Texas area and we have helped countless victims prove that they suffered due to someone else’s negligence, faulty equipment, and now it’s becoming more and more likely that it’s a design flaw that will lead to innocent people being hurt.

If you’ve been injured, or a loved one was killed, in a Texas car wreck, we need to talk.  You deserve justice and compensation; we know how to make it happen.  Call our offices at 214-414-3808 and let’s chat about what happened to determine how we can help.  Or, simply fill out the contact form on our site and we’ll reach out to you.

Your Case May be Proven by Cameras You Didn’t Know Existed

65% of crashes occur at intersections.  Most of these intersections, at least in the greater Dallas area, are monitored by AI-powered flock cameras, or one of the many thousands of traffic monitoring cameras deployed by the Texas DOT.  When there’s a wreck, someone, or something, knows exactly what happened.

Even when the witness says the light was green, the other driver says it was red, and the police report comes back inconclusive, your DFW area car crash doesn’t have to come down to he-said/she-said.  Because there are thousands of cameras that saw exactly what happened; traffic cameras, business security systems, doorbell cameras, parking lot surveillance networks, and even dashcams from nearby vehicles.

The Car Crash Captain explores what this means, because it’s not a matter of whether or not the video exists, it’s a matter of whether or not you can access it before it’s deleted.

Modern Intersections are Surrounded by Cameras

When you think of an intersection, how do you picture it?  If you’re like most people, you image a traffic light, a few lanes of traffic, possibly a few electronic components and a red-light camera (which aren’t even legal in Dallas).  What’s usually not envisioned is the sheer size of the hidden surveillance network that’s monitoring all movement.  Okay, “hidden” isn’t the right term because they’re not actually hidden – they’re just hard to see.

Many intersections throughout urban areas are surrounded by potential video sources.  Including:

• Traffic monitoring cameras
• Flock cameras
• Convenience store and gas station security
• Banks
• Office buildings
• Parking lots
• Residential doorbell cameras
• Vehicle dashcams

Most drivers, when involved in a Texas car crash, will get witness statements and rely on the police report.  But within a few hundred feet the most valuable evidence has been recorded onto a hard drive and it will be overwritten if nobody preserves it.

Video Evidence is Fleeting

The issue isn’t that there’s no video evidence of the crash.  The issue is that most surveillance networks will automatically overwrite footage, unless it’s saved and preserved.  To further complicate the matters, there’s no set timeline on when that might happen.  Some systems overwrite after a month; some do so after a week; some might cycle daily.

There’s no law that says a business must indefinitely save footage simply because a wreck occurred nearby.  If nobody requests the video, it might disappear before anyone realizes that it even existed.

An objective third party may have recorded your wreck, and clear video evidence of what actually happened might exist.  But there’s no guarantee it’s still there when you need it most.

Not all Surveillance Network Cameras are Equal

When you see a camera in the wild, you probably think that it’s recording.  A constant stream of video data pumping into a hard drive or data center somewhere nearby.  Some do, but many don’t.

Traffic cameras monitor flow – they don’t always stream live footage.

Some cameras provide live feeds, but they don’t have high-quality images.

Webcams often live-stream, but they don’t record.

A lot of traffic footage is controlled by government agencies.

A lot of other video footage is controlled by private businesses.

There are formal channels necessary to request footage from government agencies, as much of this is considered to be publicly accessible.  That controlled by private businesses or individuals might need a court order to obtain the footage.

When it comes down to it, the footage is probably there.  But getting it quickly enough, knowing the channels, or just being able to track it down often aren’t what the victim is able to do.  This is especially true if they’re recovering from major injuries.

You Need a Lawyer that Knows how to Request Footage

Herbert Law Group fights for you.  When you don’t know how, or simply cannot, get it done yourself, we’ve got your back.  We know the channels to request publicly available footage.  We have the expertise, and negotiation skills to encourage private owners to share their footage.  And most importantly, we’ve done it before.

Navigating the hidden surveillance network of Dallas, Texas means spending a lot of time learning how to do it, and getting it done.

Don’t waste your time.  Let us make it happen for you.  It all starts with a phone call to 214-414-3808 so we can have a free conversation to learn what happened.  No time for a call?  Then simply fill out the contact form and we’ll be in touch.

There’s Hidden Evidence Inside Your Vehicle

For a long time, proving liability in a car wreck came down to eyewitnesses, police reports, and photographs.  Gradually, technology improved, and about 20 years ago everyone started to carry a device that could record pictures, video, and all sorts of data.  Now, tech has progressed even more, and we’re constantly being monitored by our phones, our vehicles, and a whole slew of other cameras scattered around the greater DFW metroplex.

If you drive a newer vehicle, your car likely knows more about the crash than anyone involved and any witnesses.  Your vehicle and your phone know how fast you were traveling, whether or not you hit the brakes, how much the steering wheel moved, and if the collision warning systems spouted off an alarm before impact.

So why are cases getting harder to prove?  It’s because unless you know how to access all of that data, it’s hard to get your hands on it.  The Car Crash Captain explores this and looks into how insurance companies are quick to gather up that data and start building a case against you even if you are the victim and the other driver is completely at fault.

Vehicles Are Now Rolling Data Recorders

Most of this isn’t new.  Event Data Recorders (the vehicle’s “black box”) have been around for years.  These devices aren’t hidden and you’ve likely seen it if you popped the hood on your vehicle.  They even link up to the 16-pin port that’s usually located under the steering wheel in most cars, and in case of a wreck, they record:

• Speed
• Brake application (when and how hard)
• Steering inputs
• Seat belt use
• Air bag deployment
• Vehicle Dynamics (how the vehicle moved before, during, and after the wreck)

Some newer vehicles collect even more data; Teslas have a ton of cameras and can record all sorts of visual data.

Twenty years ago, crash investigation relied largely on things like skid marks, damage, and eyewitnesses.  Today, they start with a hard drive.

Technology Can Create More Questions than it Answers

When you give a statement about what happened, your statement won’t be the entire truth.  That’s not because you are lying or trying to make things look better than they actually are.  Instead, it’s because your eyes, ears, and brain aren’t going to register every exact little detail.

So, after the wreck, you likely won’t know if you applied the brakes or the automatic braking system did.  You won’t realize if you pulled on the wheel, or the lane assist did.  You might even forget if adaptive cruise control or other driver assistance features were enacted.

Did the driver fail?  Did technology fail?  Did they both fail?

You give a statement stating, “… and at that point I slammed on the brakes.”  However, when the EDR is analyzed, it shows the driver didn’t hit the brakes, but the automatic braking system did.  Now we have questions.  Are you lying?  Are you remembering incorrectly?  Is the EDR wrong?  Did you hit the brakes at the same time as the technology?

All this is doing is creating arguments, and the insurance companies love this.  They love when ambiguity is created, and they can try to reduce your payout because of these discrepancies.

The Insurance Company Knows More than You

They weren’t even there, and their experts can analyze what happened far faster than you or any eyewitnesses can explain it.

Vehicle telematics can send information instantly – no need to plug in the EDR and extract that data.  Many new vehicles are connected, and with the proper channels all your information (including things like when every part was manufactured, when you purchased the vehicle, and service history) are easily gathered.

What about the data that supports your claim?  The data that proves you were the victim and not the at-fault driver?  If nobody requests it, that information can just disappear quietly, forever “ruining” your settlement.

The most important witness to your crash likely isn’t another driver.  It’s the tiny computer acting as a vehicle data recorder sitting under your dashboard that has essential information on it.  And that critical information can be overwritten, lost, or never retrieved if you aren’t careful.

Herbert Law Group Knows How to Extract Data

Car wreck cases used to be about what people remembered.  Increasingly, though, it’s now about what the vehicle recorded.  All the evidence is there, but you need an expert that can preserve it and knows how to use it.

Herbert Law Group knows exactly what to do.

We’re on your side as you push back against insurance companies that are determined to reduce their payout.  We’ll fight for you, maximize your compensation, and help you find justice after a wreck has caused you financial, physical, and emotional hardships.

But first, we need to know what happened.  Give our offices a call at 214-414-3808 and let’s have a free conversation to determine how we can help.  No time for a call right now?  Then contact us through our website, and we’ll connect on your schedule.

Social Media After a Texas Car Wreck is a No No

Insurance companies no longer need to hire private investigators.  Most Texas car wreck victims do all the work for them with their online activity.  No need to follow you around or “spy” on you; all the evidence they need is sitting on your Instagram, Facebook, TikTok, and Snapchat.

Today, the Car Crash Captain, who serves wreck crash victims in the Dallas, Texas area, is looking at just how using social media after a car wreck can lead to a bad time.  There’s more to it than just “don’t post on social media,” so if you’ve been in a wreck recently, pay attention to how you could be killing your own car wreck case.

“I’m Fine” Can Destroy a Claim

It’s been ingrained in us from when we were little.  You fall over on the playground, you jump up and say, “I’m fine!” even when your knees are scraped and you’re holding back tears.  Into adulthood, we’re programmed to say, “I’m fine!”

Except after a Texas car wreck, those words can cause big issues.  Jumping on social media and posting, what seem to be innocent statements or posts, can derail your case.  Things like:

• “Lucky to be alive!”
• “Major wreck, but I’m doing okay.”
• Pictures of you smiling (even while in the hospital)
• Gym pictures
• Vacation pictures from a few weeks after the wreck

Normally, most of these wouldn’t be a big deal.  However, when the insurance adjuster sees them, they can twist those innocent words and claim, “They weren’t seriously injured.”  Because photos don’t show pain.  Posts and videos don’t show the sleepless nights.  Social media strips away all the context and only gives a tiny glimpse into your life.

The Worst Posts Aren’t Obvious Ones

After crashing, you’re not going to post, “About to sue somebody!”  Most people aren’t going to be so blatant and careless like that.  But those aren’t the posts that can land your car wreck case in hot water.

It’s the innocent stuff.  Where you check into a restaurant.  Where you post at your child’s ball game.  Where you share a meme that can be misconstrued, or the comment of “I’m good” or “I’m fine” just to end conversations because you’re tired of answering the questions.

The insurance companies, at this point, are looking for physical activity, contradictions, and anything they can twist and cause a bit of doubt to sneak into your Texas car wreck case.

If your profile is public, you can be certain they’re watching it.  And even if you tighten up your security, screenshots could have been taken, and deleted posts don’t disappear forever.  The best way to handle things is to log off completely.

Your Posts May be Shifting Liability to You

Texas is a comparative fault state.  That means even if you’re the victim, you can be found partially at fault and your compensation can be reduced.

These posts that seem innocent cause doubt.  And that can affect fault determination, credibility, and leverage.

For example, if you posted about being tired, and then later you wrecked, the post could be construed that you caused the crash due to fatigue.  Or you joke about speeding (even days or weeks before the actual wreck).  Perhaps you share dashcam clips that show you aren’t a safe driver, or admit to being distracted.

Any of these things can hurt or even kill your Texas car wreck case.

Herbert Law Group Has Your Back after a Texas Car Wreck

Herbert Law Group is here to ensure that your case doesn’t get derailed.  When you work with a Texas car crash lawyer, you work with someone that’s going to fight for you and to help maximize the value of your case.

If you were injured in a car crash, we need to talk about what happened and figure out how we can find you justice.  That begins with a free phone call.  Simply dial 214-414-3808, or fill out the contact form, and we’ll be in touch for your free initial consultation.

Insurance Companies Don’t Pay for Stories

Most car accident cases don’t fall apart because of what happened on the road.  They fall apart because nobody can prove what actually happened.  When it comes down to it, you have to be able to show that you’re the victim of this wreck, and someone’s negligence caused your injuries.  Without that, you have a story that could be entirely made up.  Today, the Car Crash Captain looks into what we need to know about documentation for your wreck, and how Herbert Law Group, based in Richardson, Texas, can lead the way so you receive the compensation you deserve.

Your Compensation isn’t About Fairness; It’s About Evidence

If it was as easy as just blaming the other party and maximizing compensation, our society would be in chaos.  Your version of the events isn’t enough, as the insurance adjusters have been trained to question, minimize, and deny.

When you don’t have documentation, you don’t have any leverage.

What that means is your compensation can go down dramatically, even if you’re found to be the victim.  Because Texas is a modified comparative fault state, your compensation diminishes if you are partially to blame.

The less you can prove, the more the insurance company can shift liability to you.  The more liability you take, the less you receive.  And if it’s not documented, it may as well have never happened.

What Evidence Builds Your Case

After a wreck, photographs and videos are one of your most powerful tools.  Too many people, however, believe that snapping a few pictures and taking a video of the area is enough to ensure fault is squarely placed on the negligent party.

That’s not always the case.

Instead, let’s look at four buckets of evidence.

Scene Evidence – Pictures of your vehicle, the road, the surroundings, and anything else that could prove your case should be captured.  Often, that means getting video from traffic cameras and nearby businesses.

Medical Documentation – Immediate treatment starts the trail showing you were injured.  Consistent records and no missed appointments verify that you are indeed injured.  When your records don’t have gaps, there’s not as much for insurance companies to exploit and claim, “you weren’t really hurt!”

Witness Statements – Independent witnesses build credibility.  And while police reports aren’t the final say, they do matter (and in most Dallas area wrecks, they’re legally required).

Digital Data – We are in the digital age.  Event data recorders, phone records, and GPS data can all lead to a sound conclusion on your case (if you’re dishonest about what happened, they can actually work against you; we don’t recommend being dishonest).

The strongest cases aren’t those that are the most dramatic; they’re the ones that are the most documented.

Most Cases are Lost in the Days After the Crash

When cases don’t go the way people planned, it’s usually because of the days following the wreck.

Waiting too long to seek medical care is one of the biggest case busters.  Even delaying by a day can lead the insurance companies to say, “You weren’t really injured.”  Even if you feel fine (usually because of adrenaline), you need to get treated immediately.

The body often heals in strange ways.  It’s not always a linear bad to good.  Instead, you might feel fine right after the accident, take a huge turn for the worse, then feel fine, before leveling off at a slow pace of healing.  If you miss appointments or ignore recommendations because of how you feel, you create doubt around your injuries.

Evidence degrades quickly.  If you don’t preserve evidence like video or photographs, you can’t go back and recreate them.  Witnesses disappear, and even if you can find them their memories are foggy.  Vehicles can be repaired before you can be inspected.

Keep a tight lip.  Speak only to your attorneys at Herbert Law Group, because the insurance companies will record your statements, and use them against you.  If the insurance company says, “Hello Mr. Smith this is the insurance company, how are you today?” and you say, “I’m fine, how can I help you?”  They can twist those words into meaning you weren’t actually injured.  Silence means silence (even on social media).

When the case doesn’t go the way, they want it to, it’s usually because most people realize they have a documentation problem too late.  By this point, the insurance company has already built their own case against them.

Herbert Law Group Maximizes Compensation

And that’s exactly why you need a powerful Texas car wreck lawyer on your side.  Whether the accident happened in Dallas, Plano, Frisco, or any of the surrounding areas, we’ll help you find the justice you deserve.

But first, we need to know what happened.  Call our offices at 214-414-3808, or fill out the contact form, and we’ll do a free case evaluation for you.  All it takes is a phone call to get things started.

You Trusted the Car, but the Law Trusts You

Modern vehicles are much safer than older ones.  And most new vehicles today come with some sort of driver-assistance technology.  Lane assist, automatic braking, blind spot alerts, and in some cases these things even drive themselves.  Imagine you’re driving down the highway and you ensure that the lane assist is on and you set the adaptive cruise control.  You look away for a second to grab a snack out of the glove box and the system fails, or disengages, or otherwise doesn’t work.  You crash and you’re injured.  The faulty technology is at fault, right?

Even when driver-assistance technology fails, liability isn’t always straightforward.  In most cases, the driver is still the one that is responsible.  Today, the Car Crash Captain looks at how this all plays out, and if you’re injured in a wreck in the Dallas, Texas area, you need a lawyer to ensure you receive justice.

What Exactly is Driver-Assistance Technology?

Before we jump into this, there are key differences between different types of driver-assistance tech.  We can break this into three types:

Driver Assistance – Nearly every new car has some sort of advanced driver-assistance system (ADAS) installed.  These use cameras, radar, LIDAR, and more for functions like adaptive cruise control, lane-keeping, parking assistance, automatic braking, and similar features.

Partial Automation – When you use multiple assistance features, you’re engaging in partial automation. As we mentioned in the intro, adaptive cruise control and lane keeping mean the vehicle is partially driving on its own, but you still need to be actively monitoring and handling the vehicle.

Fully Autonomous Vehicles – Vehicles that are capable of handling all driving tasks without any human intervention are considered to be fully autonomous.  These are still largely in development, with level 4 autonomous vehicles (fully autonomous in specific areas) being used in certain cities by companies like Waymo.

Most vehicle today are not self-driving.  Even Tesla’s self-driving feature is largely considered to be nearly self-driving, but still requires human supervision.  Generally speaking, if human oversight is required, the law often treats the driver as the responsible party.

Who Might be Liable in a Crash when this Tech is Employed?

When it comes down to it, who ultimately might be liable if a crash happens while using driver-assistance technology?  There are three possibilities.

• The Driver
• The Manufacturer
• A Third Party

Most of the time, the driver is the responsible party.  When operating a vehicle, regardless of the technology, the driver is responsible to monitor the system, heed alerts and warnings, and not be overly reliant on technology.  However, there are times when the manufacturer was found at fault.

In 2019, a fatal crash was determined to be partially the fault of Tesla’s autopilot system.  The driver had engaged the software, and then took his eyes off the road.  The Model S blew through a T-intersection and crashed into a young lady and her boyfriend – killing the lady and seriously injuring the boyfriend.  Tesla was found to be 33% at fault, but the driver was found to be 67% at fault because his foot was on the accelerator overriding the autopilot feature.

In 2023 a family was killed in Idaho when their Tesla Model X veered into an oncoming semi.  The driver had set the autosteer feature, but on a gentle curve the Model X failed to maintain their lane and drifted into oncoming traffic.  This lawsuit is still ongoing, however, it alleges that Tesla had a known bug that could cause the vehicle to not maintain its lane.

Numerous other lawsuits and crash reports show that vehicles such as Waymo misread traffic signals, fail to adjust for construction or other hazards, or don’t take into account weather or environment and cause a crash.  Liability for some of these could end up falling on a third party – software companies, engineers, camera or radar manufacturers, and more.

But when it really comes down to it, the human driver is the one responsible to ensure the vehicle is doing what the vehicle is supposed to do.

What Role does Vehicle Data Play?

These assistance features aren’t the only thing included in new vehicles.  They also collect a lot of data.  After a crash, the Event Data Recorders (EDRs) will show what functions the driver-assistance was performing, and what the human was doing.  They collect data regarding:

• Speed
• Braking
• Steering
• System Status

Access to this black box data is owned by the driver, however, a court order can force them to release the data.

When analyzing the data it will affect a case in one of two ways.  It can show that the driver wasn’t at fault because the autonomous features didn’t perform as expected, or it can show that the driver ignored warnings (or overrode the system) and they were at fault.

The more advanced your vehicle is, the more evidence it creates.  Ultimately, it becomes harder to fight these things without the help of an experience car crash lawyer.

Herbert Law Group Helps You Recover Compensation after a Wreck

We are here for one reason: to help you push back against insurance companies that are trying to low-ball your settlement offer.

When you’ve been injured in a crash, whether driver-assistance technology was involved or not, you shouldn’t have to worry about the legal battle that can come along.  Let Herbert Law Group handle the hard stuff from our offices in Richardson, Texas.

To get started, we need to know what happened.  We’ll do that in a free initial phone call.  Just dial 214-414-3808, or fill out the contact form on our site, and we’ll get the ball rolling.

PTSD After a Car Wreck Deserves Compensation

There are a lot of car crashes in Texas where there aren’t major injuries.  No broken bones, no paralysis, no life-altering physical deformities occur.  Most wrecks will have some sort of injury though – bruising from the seat belt, mild lacerations from broken glass, concussions or headaches from bumping the head.  Often these crashes that are seemingly small can have huge consequences.  The Car Crash Captain focuses attention on PTSD after a car wreck, and why it’s not just a “get over it” situation.

PTSD After a Car Wreck is a Real Medical Condition

It’s easy to see injuries like cuts and bruises.  Mental anguish injuries, however, aren’t even visible with scans and x-rays.  While we usually think of PTSD as a result of going to war, it’s a result of any traumatic event that the brain continues to flashback to.  Symptoms can include:

• Flashbacks
• Panic attacks
• Nightmares
• Avoidance
• Anxiety

If you suffer PTSD after a car wreck, your panic attacks can hit while driving leading to furthering danger on the road.  You may start avoiding vehicles, highways, or areas of town where the wreck occurred.  You appear physically recovered, but normal everyday activities are difficult if not impossible.  Suddenly you can’t commute to work, drive your kids to school, or even run errands to keep the household operating smoothly.  Relationships suffer, quality of life diminishes, and other mental health problems creep in.  In other words, the trauma from your crash doesn’t heal when the bruises fade.

Compensation for Victims of PTSD

Insurance companies try to diminish mental anguish.  It’s invisible, difficult to pinpoint, and unless you, the victim, stand up for yourself (that’s where Herbert Law Group helps out), it’s brushed over.  However, there are numerous instances where victims did receive compensation for their mental anguish.

In 2021, in Tampa, Florida, a young mother and her child were hit by a distracted driver that ran the red light.  The physical injuries weren’t life threatening, but the mental anguish the young lady suffered caused her to be unable to work and care for her child.  Her case settled for $890,000 to offset long-term therapy and lost earnings.

In 2022, in Miami, Florida, a software developer was hit head on by a driver that was trying to avoid a pedestrian.  The victim had multiple fractures that took time to heal, but also developed severe anxiety that made it impossible for him to drive.  He has to take medication and has regular therapy sessions to keep the anxiety in check.  The initial offer hardly reflected the PTSD suffering, and negotiations brought his compensation to $1.2 million.

In Connecticut, a 56-year-old woman was rear-ended.  Her physical injuries healed, but PTSD left her unable to enjoy life – her settlement was for $450,000.  In Boston, a teenage passenger couldn’t sleep and suffered with social anxiety after a crash left her with a broken tooth and a head injury – her settlement was for $150,000.  In Wisconsin a driver crashed into cattle that had escaped through a hole in a fence that was neglected, he suffered PTSD and a neck injury – they settled for $85,000.

The dollar amount isn’t what you should focus on; other than the fact that initial offers were always much less than the settlement amount.  The takeaway is that psychological trauma can carry real financial consequences – which you would have to pay for out-of-pocket if you don’t have Herbert Law Group on your side.

How Compensation is Calculated for PTSD Victims

Your wreck wasn’t minor.  Just like a broken back, that leaves a person paralyzed, PTSD after a car wreck can leave you with severe mental anguish. And you could rack up costs.

Medical and Therapy Costs – Counseling, psychiatric treatment, medication, and long-term therapy can get expensive quickly.  Even with great health insurance, your deductibles and co-pays can be tens of thousands of dollars.

Lost Income – It’s easy to see that you might miss work if you’re in the hospital.  But what about being punished at your job for arriving late because you can no longer drive during rush hour?  What if you can’t come in because of panic attacks or anxiety?  What if your entire job is to deliver goods or people and you can’t do that anymore?

Pain and Suffering – You likely enjoy a particular standard of living.  When every day is plagued with flashbacks, anxiety, panic, and headaches, will you still enjoy life the same way?  Suppose you and your spouse once enjoyed scenic car drives, and now you can’t – what’s that worth?

PTSD after a car wreck can be the central component of your claim. It’s not just an afterthought.

You Need Herbert Law Group on Your Side

Emotional injuries are invisible.  But they’re just as severe and deserve the same attention as physical ones.

If you’ve been in a car crash, and you’re suffering from PTSD, your turmoil is not imaginary, exaggerated, or even rare.  It’s a real issue that needs to be handled like any other medical condition.  And Herbert Law Group is here to ensure you get the compensation you deserve, so you can get the treatment you need.

It all starts with a phone call so we can get to know you, and find out what happened.  Call our offices in Richardson, Texas at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.

Evidence is More than a Police Report

Here’s the scenario: you’ve been injured in a wreck near Dallas, Texas.  The police come, they create a report, and you are on the road to recovery from your injuries.  Then the insurance company gets back to you.  They’re denying your claim because they believe you are at fault, even though the police report indicated you weren’t.  Long before you’re in this situation, the Car Crash Captain encourages you to know why a police report isn’t enough to win your claim, and how to set yourself up for victory despite the insurance company diminishing your claim.

Texas Law Requires a Police Report When Injuries are Present

If you are involved in a wreck, and there is an injury, death, or damage that would be more than $1,000 to repair, Texas law says that the police must be contacted.  What it doesn’t say, however, is that a police report must be drawn up.  If the officer shows up and doesn’t see an injury, thinks the damage is minor and vehicles are drivable, they could write it up as a “minor crash” and not prepare a full-on report.  This isn’t common, but if you’re the victim be sure to specifically ask them to create a report.

This isn’t all that has to be done, though.  And the police report, which can help confirm your case and claim, isn’t all of what needs to be done.

A Police Officer is Not a Witness

It’s rare that a police officer actually witnesses the crash.  They generally show up later; after the damage is done and after the incident occurred.  Using their own observations and the statements from other drivers, they create the report about what happened.  However, we know that sometimes injuries are invisible or show up later – they’re not obvious when you’re at the scene.

Police aren’t witnesses and they’re not medical professionals either.  They draft a report based on what they see, hear, and can conclude.  These reports often include omissions and mistakes.  Not intentionally but things can get overlooked.

Texas is a Fault State; Paperwork Doesn’t Prove Fault

Here in Texas fault is determined through what is called modified comparative fault.  What this means is that if you were the victim, but you were found to be speeding (and the crash wouldn’t have occurred had you been driving the speed limit) you might be partially at fault.  Suppose you’re found to be 20% at fault, the insurance company can reduce your payout accordingly.  If the other driver’s fault drops below 51%, you might not have a case.

Even if the police report shows contributing factors, note that you are 0% at fault, and determine you are indeed the victim, the insurance adjusters will conduct their own investigations looking at:

• Vehicle Damage
• Black Box Data
• Surveillance Footage
• Medical Timelines
• Prior Medical History
• Driver Statements

The police report can suggest fault, but when it comes down to receiving justice and compensation, fault is determined by admissible evidence and not the officer’s opinion.

What You Need to Win a Texas Car Wreck Case

This all sounds pretty doom and gloom.  But it’s not quite as bad as it sounds.  The key to being compensated fairly is to know your rights, and know what needs to be done before the accident occurs.  Powerful evidence includes:

• Immediate medical documentation
• Expert medical opinions
• Accident reconstruction
• Consistent medical treatment
• Wage loss documentation
• Lifestyle disruption reports

You still want that police report to help build the foundation.  But what’s really going to find you the justice you deserve is building the evidence that shows you truly are the victim, and using a professional car wreck lawyer based in Richardson, Texas.

Herbert Law Group Wins Texas Car Wreck Cases

We deal with insurance companies every single day.  We know their tactics, their tricks, and how they attempt to diminish your claim.

We represent you against their teams of powerful attorneys to show that you need to be compensated adequately, and we aren’t afraid to take things to court if they won’t play nice.

All that we need from you, to get things started, is a free phone call.  Just dial 214-414-3808, or fill out the contact form and we’ll reach out to you, and we’ll have a conversation and determine just how we can help.

Why a Driveable Car isn’t a Seriousness Indicator

It was just a fender bender, right?  Those minor wrecks, ones that don’t shut down the roadways for hours, are often called fender benders.  Vehicles sometimes hardly looked damaged, many of them still seem to be “driveable,” but the victims of those wrecks can still have debilitating injuries that show up days, even weeks, later.

Today the Car Crash Captain is looking at how the physics behind a crash (and modern vehicle technology) can mean that little damage to the vehicle is showing, but human injury can be severe.  Remember, if you’ve been injured in a car wreck in the Richardson, Texas area, you need Herbert Law Group on your side to ensure you receive full compensation for your injuries.

Why Driveable Car Does Not Mean No Injury

After a fender bender, one of the first things people will look at is how much damage the vehicle took.  Many injuries that drivers and passengers sustain aren’t immediately visible (you can’t see whiplash in another person), and the damage to the rig are what we have to go on.

However, there’s little correlation between car crash damage and human injuries.

The NHTSA has researched this extensively, and laws are in place that require car companies to manufacture vehicles that protect the occupant first.  However, there are several factors that still come into play.  And a big part of it is that there are so many variables that go into the wreck, that you can’t account for every single one of them and how they will affect the human body (and every body is different, so the outcomes and situations are literally endless).

Modern Vehicles Can Transfer Impact to Occupants

Let’s start this off that modern vehicles are much safer than older vehicles.  The chances of surviving a major wreck in a new vehicle, versus even 20 years ago, are much higher.  There are some things, however, we need to take into account.

Vehicles today are built with crumple zones.  These areas on the vehicle are designed to absorb the impact.  Physics tells us that force has to go somewhere, and when vehicles crush, or crumple, the body of the car absorbs that force instead of transferring it to the occupant.

However, this is mostly during more intense crashes.  Lower speeds means that vehicle doesn’t crumple as much.  But the force still needs to be transferred somewhere – usually into the occupant.  And we all know that the human body isn’t nearly as tough or strong as a metal vehicle.

Even with a small amount of damage to the structure of the vehicle, the body inside can still be damaged.

How Older Vehicles are Even Worse

That section on modern vehicles wouldn’t be complete without a short section on older vehicles.  Think of it like two billiard balls.  They don’t crumple and what happens when they collide?  They violently ricochet off each other.  If a human was inside the ball, they’d be bounced around inside.

It’s similar in older rigs.  The force of the impact causes the human inside to take the force and “crumple.”

Injuries Drivers Sustain in Low-Damage Collisions

Insurance companies love to minimize the injuries you’ve sustained in your wreck.  They don’t pay out as much, they keep collecting premiums, and ultimately they’re posting record profits year after year.

That’s because they claim your car is driveable, so your injuries aren’t severe.  Those injuries which can include:

• Neck and Back Strain
• Herniated Discs
• Nerve Damage
• Concussion and Mild TBI
• Chronic Pain that Worsens Over Time

If you settle quickly after a wreck, some of the damages will be covered.  But these injuries that require longer term physical therapy, perhaps even years of chronic pain, and a diminished quality of life need to be accounted for.  And that’s why you need a professional car wreck lawyer in the Dallas, Texas area to fight for you.

How Herbert Law Group Fights for You

We have dealt with every insurance company.  We know their tactics, we know their sleight of hand, and we know how to push back.  When you’re struggling to recover physically, you don’t have the capacity to argue with insurance companies that won’t play fairly.

That’s why you need Herbert Law Group.

We will take on those insurance company and ensure you receive the most compensation possible.  It all starts with a conversation to determine how we can help.  Call our offices at 214-414-3808, or fill out our contact form and we’ll reach out to you.

A Rollover Accident Can be Intense, Know Your Rights

The rollover accident is one of the most violent crashes out there.  They often result in extensive property damage and injuries.  Yet they are some of the most misunderstood wrecks when it comes down to it.

Before the Car Crash Captain dives into this topic, we have to clarify two quick points.  A personal injury lawyer can only help if someone else caused the crash (there’s an at-fault party) and if someone was injured in the wreck.  A single-vehicle rollover that was caused by driver error or one with no injuries?  A lawyer likely won’t be able to help – property damages are fairly easy to calculate.

However, if another driver’s negligence caused the rollover, and you, or a loved one, were injured, then you certainly should enlist the help of a car crash lawyer in Texas to ensure you fully recover physically and financially.

Always Receive Medical Attention

When you’re in a wreck, your body dumps a lot of adrenaline into your system.  Adrenaline can tend to mask the pain you would otherwise experience.  This means that you might feel fine right after the accident, but later the symptoms of head injuries, spine or neck trauma, internal bleeding, and soft tissue damage can start to show up.  Delaying treatment can mean worsening injuries, and the possibility that the insurance company will say your injuries were sustained some other time.

Get a Police Report and Preserve the Scene

Herbert Law Group serves the Dallas area from our offices here in Richardson.  This means we are dealing with rollover accidents in Texas.  Texas law states that a police report is required if there are injury, death, or damages exceeding $1,000.  A rollover accident is very likely to result in injury or death, and will always exceed $1,000 in damage to the vehicle.

Having the police on scene means you have official documentation of what happened, and ideally you, the police, or a witness will be able to record evidence of skid marks, vehicle resting positions, road conditions, and more.  Getting witness information helps to strengthen your case.

Mums the Word with Insurance Companies

We know that the insurance companies don’t want to pay out.  They will rush a settlement, and do what they can to cause you to slip up.  If you admit or even allude to the idea that you lost control of the vehicle, they can twist your words to seem like it was entirely your fault.

To prevent them from twisting your words, don’t say very many words to them.  Really, you just need to know these 13 words:

“I’m working with Herbert Law Group, all questions must be directed to them.”

Know Why Rollovers Need Higher Compensation

Your rollover accident can be misunderstood because few people walk away without serious injuries.  The injuries you sustain in this wreck can have long recovery times, result in permanent lifestyle changes, missed work and reduced earning capacity, extensive (and ongoing) medical expenses, pain and suffering, and sometimes permanent disability.

The insurance companies know that what happened to you can be expensive for them.  And they want you to settle quickly on what appears to be a good payout, but really, it’s nowhere near adequate to help you recover.

Work with Herbert Law Group to Ensure Recovery

You need an experienced attorney on your side to ensure your rights aren’t brushed aside.  Herbert Law Group knows how to preserve the scene, build a strong case, negotiate with insurance companies, and advocate for you.

After a traumatic, confusing, and overwhelming wreck has shaken you up, pass the hard work on to someone that will fight for you.  It takes a simple phone call to our offices at 214-414-3808 and we’ll have a free conversation to determine how we can help.  No time to talk right now?  Fill out our contact form and we’ll be in touch with you shortly.