Car Wrecks Archives - Page 11 of 12 - Herbert Law Group PLLC

Can a Pedestrian be Liable for an Auto Accident?

Your Accident Attorney Weighs in on This Tough Issue

You have probably heard the saying, “The pedestrian has the right-of-way.” While that’s true, it depends on the situation. What it does mean is that when crossing legally, the vehicle must stop for the pedestrian. What it does not mean is that when the pedestrian is not crossing legally, vehicles are not forced to stop and wait for them. With this knowledge in mind, can you run down a jaywalker and suffer no consequences? Short answer: no; we live in a civilized country where we don’t kill people for mildly inconveniencing us. Longer answer: there are a few considerations we need to look at in order to determine who is at fault, what exactly happened, and where the blame lies when a pedestrian and vehicle accident occurred. Your accident attorney gives us some insight.

Adhering to the Law of Negligence

Anytime there is a personal injury, we have to take a look at the law of negligence. This law is enacted in all 50 states to determine who is able to recover for damages after an accident. But not all states have the same law of negligence on the books.

In Texas and Oklahoma, the two states where Herbert & Eberstein is licensed to help motorists recover for damages, the law is a “Modified Comparative Fault” with a 51% bar. Simply speaking, the amount they are able to recover is reduced by the percentage of at-fault they are deemed to be.

Without getting too technical (after all, that’s why you hire an attorney to help you with your accident), we’ll just consider one party to be completely at fault while the other party is not at fault. When we consider the law of negligence, we can determine that either the motorist or the pedestrian was to blame.

But wait, there’s more! We must consider the Duty of Care as well.

Understanding the Pedestrian’s Duty of Care

Pedestrians have what is called a duty of care, and are considered to be more influential in what happens during a pedestrian vs. vehicle accident. This assumes the accident occurred on the roadway and not on a sidewalk or in someone’s yard. The reason: the pedestrian determines when they step into the street to cross.

Assuming that they are crossing the street legally, they are fulfilling their duty of care.

But when a pedestrian crosses illegally, say when the sign says, “Do Not Walk”, while jaywalking (no crosswalk around), while intoxicated, or on a controlled access highway where pedestrian traffic is not legal, then they are not fulfilling their duty of care.

Just because the pedestrian does not fulfill his or her duty of care, however, does not mean they are automatically to blame.

Understanding the Driver’s Duty of Care

Motorists also have a duty of care. You and I cannot go barreling down the road without paying attention to what is around us. First, it’s not a smart way to drive if you appreciate your vehicle and your health. Second, being involved in an accident that you could have avoided (even if you’re not at fault), may reduce the compensation you can recover.

Take, for instance, driving in a subdivision. There are kids around, and you see that there are young children playing ball several hundred yards up. If you don’t reduce your speed while passing, and a child runs into the road to recover an errant ball getting hit by your vehicle, you could still be found at fault (or at least partially at fault) due to not considering your duty of care.

So, if someone is crossing (even illegally), you can’t just run them down because you’re sticking it to the jaywalkers.

What if a Third Party Comes into Play?

We have looked at driver vs. pedestrian, but what happens if you are driving, swerve to avoid a pedestrian, and strike a parked car?

Assuming the pedestrian doesn’t take off, or they are located later, there are solutions. The law of negligence will be taken into consideration (where the accident occurred and whether the pedestrian was in a crosswalk or not). The duty of care will be taken into consideration (how fast you were driving, if you were using your phone, if the pedestrian ran into the street, if any party was intoxicated). And the case will be analyzed to determine who is responsible for what damages.

Keep in mind that a pedestrian doesn’t likely have “walking insurance” and thus recovering damages may not be an easy process.

Contact Zach Herbert; Accident Attorney

Zach Herbert, from Herbert & Eberstein, is licensed to help motorists and pedestrians in both Texas and Oklahoma as their accident attorney.

Have you been hit by a car? Have you hit someone with your car? Is there some uncertainty around what happened?

You need to speak with an accident attorney. Give us a call at 214-414-3808 and we’ll offer a free, no obligation, initial consult to determine if you have a case.

Prefer to write it out? Hit up our contact page.

What to do When Your Accident Claim is Denied

A Denial isn’t Always Final

There are two types of car wrecks: those where you are at fault and those where another driver is at fault. Both of them are a hassle to deal with, and regardless of which situation you find yourself in, there’s the possibility that you can end up at the whims of an insurance company that is trying to give you the short end of the stick.

When you find yourself in this situation, it’s not too late to hire an auto accident lawyer. Your lawyer can help you navigate this difficult time, and ultimately come out with a settlement that actually takes care of your needs, instead of just glossing over them.

If you’re ready to get started, Zach Herbert offers a free, no obligation consult to determine your case. Give us a call at 214-414-3808 and let’s have a conversation.

Why is the Claim Denied?

When you file a claim, the insurance company cannot simply tell you that your claim is denied. They have to give a reason. Usually these denials will be sent via mail and in a phone call to you stating the reason for denying your claim. Claims denials can include:

Not at fault – If you claimed against another driver and they deny responsibility, the claim may be denied.
Partially at fault – Claims can be denied on the basis that both parties were to blame for the accident.
Policy lapse – A claim is denied if the insurance policy has lapsed and thus is not in force.
Too late – Waiting too long to file a claim based on injuries can result in denial.
Pre-existing condition – An insurance company may deny the claim stating your injury is the result of a pre-existing condition and not due to the accident.

There are more situations where you may receive a letter stating that your claim is being denied. The bottom line is that you were in an accident, and you deserve to be compensated for your financial loss and the hardship you have gone through.

When your claim is denied, especially if it is denied for a reason that you don’t believe is valid, then it is time to hire an auto accident lawyer that will help you push back against these powerful companies.

Work with a Texas Auto Accident Lawyer

When you enlist the help of a lawyer, you eliminate the stress that you’re experiencing. Knowing the law, auto accident lawyers like Zach Herbert can show the insurance company where they are wrong, and start the appeal process.

Your lawyer can take into consideration all of the fact of the case. He may push back claiming negligence or bad faith.

Negligence and bad faith are similar but slightly different concepts. Negligence is when the claim is improperly handled: losing documents, waiting too long to investigate, or otherwise poorly following up. Bad faith is when the insurance company ignores your claim and simply does nothing.

Both of these are illegal, and can be a course of action that your lawyer may choose to pursue.

Zach Herbert Your Auto Accident Lawyer

If you are the at-fault driver and your insurance company is not handling your claim properly, or if you were the victim in the car accident and your claim isn’t going well, then it’s time to contact Zach Herbert.

Herbert & Eberstein is licensed as your auto accident lawyer in both Texas and Oklahoma. No matter where in either of these two states the accident took place, we can handle your claim to help you get the compensation that you deserve.

Need to learn more to see if you have a case? Fill out our contact form, or just give us a call at 214-414-3808.

When to See a Doctor after a Car Accident

Some Car Accident Injuries Show Up Later

When you’re in a wreck, even if it doesn’t seem to be a major one, your body goes through some incredibly rapid changes. Immediately you’re flooded with endorphins and adrenaline, to chemicals that cause you to be able to function with seemingly superhuman powers. The problem, however, is that these chemicals can override your body’s ability to feel pain. The result is that you may not think you need to see a doctor after a car accident. In order to protect your legal rights, and to make sure that your settlement is one that will actually take care of your needs, your car wreck lawyer has put together a few key points to keep in mind when you’re determining when to see a doctor after your accident.

Sustaining Head Injuries in the Accident

A head injury is one of the most common injuries following a car accident. The brain is well protected inside your skull, but a violent collision (which can happen at far slower speeds than most people realize) can cause it to hit the inside of the skull. You can check out our previous blog on the various types of brain injuries to learn more about how these occur.

Any time you hit your head, there’s the possibility that problems will show up days, weeks, and even months later. You should always get medical attention no matter how minor the head injury may seem. Then, contact your car wreck lawyer to get things started so that you receive the settlement you need.

Soft Tissue Injuries in the Accident

You can tell fairly soon after the accident if you have hit your head. Broken bones are also easy to spot. One of the sneakiest injuries, however, is the soft tissue injury. It complicates things further as they don’t show up on x-rays, and rely on you feeling the pain to realize they exist (as we established earlier, this pain might not show up for a while due to the endorphins and adrenaline in your system).

Soft tissue damage can be lumped into any non-visible injury that doesn’t involve bones. Strains or tears in the ligaments, muscles, and tendons result in what can be debilitating injuries that only get worse over time. Because many people feel these are not serious, they skip the doctor visit.

If you want your car wreck lawyer to have an easier time proving your case, get checked out for soft tissue damage. A doctor will know what to look for in the early signs of sprains, strains, contusions (bruises), and whiplash.

How Long Can You Wait to See a Doctor after an Accident?

Humans have a funny way of putting things off for as long as possible. It could be the fact that they don’t like the doctor, or the inconvenience of waiting rooms, or the simple fact that they are embarrassed to have been in the wreck in the first place. No matter what the reason, the sooner you get in and seen, the stronger your car accident lawsuit will be. Most insurance companies agree that within 72 hours is a reasonable time period.

Starting that medical record early is important. The longer you wait, the more opportunity there is for the insurance company to counter your car wreck lawyer’s claims. After all, if two weeks after the accident, you finally get in to have injuries looked at, there’s a higher chance that they aren’t actually serious, or they occurred after the accident took place.

Which Doctor to See Following an Accident

There’s a bit of confusion surrounding the healthcare industry. With so many different specialists, it can be confusing to know which doctor you should go see following an accident.

Do not make an appointment to see your general care doctor. While they do have the training to take care of just about any need that pops up, they likely won’t be able to schedule a visit within 72 hours, and they will have to send you to another specialist anyway.

Do go visit the urgent care, walk-in care, or emergency room. Any of these can handle you immediately, and they are able to get the medical records started so that you can show that you have sought medical care. If there is something serious that requires a specialist, these urgent or emergency care doctors can get you in faster than if you called the specialist directly.

Herbert & Eberstein Your Car Wreck Lawyer in Texas and Oklahoma

When you’re in a car wreck, the insurance company is going to offer the lowest settlement possible. Do not take their initial offer! This is especially true if there are injuries; problems could develop in the future that need to be covered.

Get medical treatment right away in order to start the record that you have sought treatment for injuries sustained in the crash. Then, call your car wreck lawyer Zach Herbert.

Zach works with clients all over Texas and Oklahoma to help them get the compensation they deserve.

Unsure if you have a case? Call 214-414-3808, or fill out our contact form, to start your free, no obligation, initial case review.

Important Advice from a Motorcycle Accident Attorney

Protect Yourself Before You’re in an Accident

Summer is underway in the majority of the US. Here in Texas, motorcycle riding season is in full swing, and every day there are thousands of bikes on the road. Smaller than other vehicles, and exposed to the open air mean they’re exhilarating to ride, and also more dangerous. The majority of drivers and riders are bike aware, but those who aren’t lead to the 400+ fatal motorcycle wrecks each year.

Obviously, personal safety equipment is going to go a long way to help protect you as the motorcycle rider if you are in an accident. Wearing an approved helmet and clothing can be the difference between scrapes and bruises and death. But there is more that everyone on the road should know when driving during motorcycle season; especially if you need to enlist the help of a motorcycle accident attorney.

Be More Aware When on the Road

You know the saying, “Look twice, save a life.” It’s more important than ever to make sure that you’re aware of other motorists around you.

As the population of major cities across the country increase, more people will be on the roads with motorcycles. They easier to maneuver, cost less to operate, and help to reduce traffic jams.

At half the size of an SUV (a large bike is almost exactly half the size of a mid-sized SUV) it’s easy to overlook bikes on the road. For those riding, it’s hard not to be indignant when people don’t see you; they should be looking out. In order to save your own life, however, assume that people aren’t going to look twice.

If you plan to ride often, it’s advisable to invest in a camera system for your motorcycle. They can mount on the bike, on your helmet, or both. If you are hit, these cameras can prove that you were not that at-fault motorist.

Boost Your Insurance Coverage

There are some states that don’t require insurance coverage when you’re riding a motorcycle. Texas is not one of them. In Oklahoma, insurance is required as well, but the minimums are much lower. It’s tempting to try to save money by going with the minimums, but these minimums are not in your best interest.

When shopping for insurance, compare the rates for different amounts of coverage. You will usually find that it’s not much more to bump your coverage up to something that is adequate in case of a terrible wreck.

Keep in mind that you want to carry enough uninsured/underinsured coverage to make sure you’re taken care of if an uninsured driver hits you (or someone flees the scene).

Know when to Hire a Motorcycle Accident Attorney

The probability of being injured or killed if you’re in a motorcycle accident is far greater than if you are driving a vehicle. It’s simply a matter of less protection around you.

If you’re in a motorcycle accident and you’re injured; or if your loved one was killed in a motorcycle accident, you need a motorcycle accident attorney to help you navigate the process.

Most insurance companies will not propose a settlement that is enough to take care of your injuries, nor take care of the pain and suffering you go through if a loved one dies.

Talk with Zach Herbert Motorcycle Accident Attorney in Texas

Here at Herbert & Eberstein, Zach knows what needs to be done after an accident. Using cases that came before yours, he can argue that you deserve a larger settlement than what the insurance company is offering.

Working in both Oklahoma and Texas as your motorcycle accident attorney, Zach alleviates one more thing from your mind so you can focus on recovery.

Unsure if you need the help of a motorcycle accident attorney? Call 214-414-3808, or fill out our contact form, and we will be in touch for your free, no obligation, initial consultation.

How to Document Your Auto Accident

Good Documentation Helps Your Auto Accident Attorney

In the digital age, it has become easier than ever to document exactly what happened during a crash. In fact, for under $100 you can get a dashcam that records everything that your vehicle goes through so the scene can play out in real time. Using footage and photographs help your auto accident attorney when building your case so that you can collect as large of a settlement as possible.

Emotions run high after a wreck, especially if there are injuries and fatalities. Documenting what happened can be difficult, but can also be done quickly. Even if you haven’t documented everything, Zach Herbert, your auto accident attorney serving Texas and Oklahoma, can help. Call 214-414-3808 to chat about your case. There’s no obligation to become a client; we are just here to help.

Get a Recorded Confession if You Can

After the accident, everyone is shaken up. It’s in the moment that people will be more honest; as time goes on and they collect their wits they will tend to make up stories and try to change the truth. Using the camera or audio recording on your phone, ask them what happened and try to get them to confess what they did wrong.

Keep in mind that most people are not going to like you pointing the camera at them and asking them if they hit you. This is seen as aggressive, and puts them in a defensive position. Instead, tuck the phone away and have a conversation, or have the conversation as you’re taking pictures or videos of the vehicle.

Using language such as, “Wow, what happened? I was driving along and the next thing I knew I heard tires screech!” You’re not admitting any fault, but getting them to open up.

This audio recording admitting guilt will help your auto accident attorney settle your case.

Take Pictures and Video of Everything

Pictures and videos go a long way, especially if your case goes to court. While dashcam footage is the best, as it documents the actual accident, here are a few more aspects to capture.

License Plates: Make sure that both your vehicle and the other vehicle(s) license plates are clearly shown in the pictures that you take.
Driver: It’s seen as aggressive when you shove a camera in someone’s face. Instead, try to capture them standing next to their vehicle. You want to make sure it’s known they were driving.
Damage: Document all of the damage on all vehicles. Your phone likely holds thousands of pictures so don’t be scared to take too many.
Surrounding Area: Make sure it’s easy to see exactly where you are in the pictures. A video is even better and you can narrate what you see.
Landmarks: Any landmarks that will help quickly identify the area should be included in the pictures.
Traffic: Make sure that your images or videos show how much, or how little, traffic there was at the time of the accident. Included in this should be construction traffic. If there is anything being built nearby, have it documented.
Documents: Swapping information is much easier when you just take a picture of the other driver’s license and proof of insurance.

Keeping great records is what will help you get the settlement that you deserve. In some cases, they may be enough that you don’t need the help of an auto accident attorney. But if you do, they will make winning your case so much easier.

Write It Down, or Narrate It

After documenting everything, while the accident is still fresh in your mind, make sure you write down exactly what happened. If you don’t have anything to write on, or if writing isn’t your thing, make one final video of the area and narrate exactly what happened preceding the accident, and how it all occurred. Studies show that within 24 hours we forget over half of any new information we learn; don’t let that forgetfulness ruin your auto accident case!

Contact Zach Herbert Auto Accident Attorney Texas and Oklahoma

Zach Herbert serves clients in the DFW area, and in Oklahoma City. With a great track record of helping them achieve greater settlements than they thought possible, he takes pride in representing people against powerful insurance companies.

If you have been in a wreck, document it all, and call Zach Herbert at 214-414-3808 (or fill out the form on our contact page) to be your auto accident attorney. Remember, the initial consultation is free and you’re under no obligation to become a client.

Help! I was Hit by a Drunk Driver!

What to Do After a Drunk Driver Accident

Instances of drunk driving have been declining in recent years. With people more aware of the dangers, and the rise of ride sharing, there aren’t as many fatal crashes anymore. But that’s not to say the problem is substantially better. For the last decade, around 30% of all fatal car crashes involved alcohol impairment.

If you have been hit by a drunk driver, you need legal help from a car accident attorney. With the right representation, you can be compensated for damages to your property, injuries, and even wrongful deaths that occurred during the crash.

Let Zach Herbert, a car accident attorney serving the DFW area and Oklahoma City help you understand your rights after being hit by a drunk driver.

If You have Been Hit by an Impaired Driver:

After any accident, especially those involving injuries, you should immediate call 911. Notifying emergency dispatch will only strengthen your case if a lawsuit needs to be filed.

Gather Video or Audio Recordings – With any accident, start recording right away. A driver may admit to causing the accident at the time when adrenaline is flowing, but try to recant later. If the driver is visibly drunk, a video is great evidence that they are not in full control of their body.

Pay Attention to the Driver – Drivers that know they have done wrong will try to hide the fact that they are drunk or impaired, at least to diminish the effects of their actions. Take careful note of how they look, smell, and act; especially if you notice alcohol or marijuana smells.

Pay attention if anyone in the other car tries to dispose of evidence such as cans, bottles, or drugs. Alert the police if this happens.

Watch which driver exits the vehicle. If someone that is drunk was driving tries to switch places with a passenger that has a lower BAC, they may be trying to reduce their liability.

If a driver quickly uses eye drops after the accident, they could be covering up the effects of marijuana or medications.

Include anything you notice in a report to the police.

Get Witness Statements – If anyone in the area saw the crash, get a statement before they leave. Some people won’t want to stick around until police arrive, and they won’t want to talk with the police. But if you can get their name and contact information, and a quick recap of what they saw, it will help if your case goes to court.

State Laws Surrounding Impaired Driving

It seems straightforward that if someone is driving drunk, and they slam into you, they are held accountable. There are often more details that come into play when pursuing a case against the driver. For instance, what if the other driver has no assets and no insurance? While you can file the claim with your own insurance, sometimes you can pursue alternative means.

For example, Texas has what are called Dram Shop Laws. These laws can hold a business that serves alcohol liable if they serve to someone that is obviously already impaired.

It may not always be one insurance policy that is dinged. The driver needs to have their own policy, but if the vehicle belongs to a company or to a parent, the policies might be able to be “stacked” and each one responsible for a portion of damages.

In the event that the drunk driver is also killed, it is possible to pursue action against their estate in some cases.

You Might need a Car Accident Legal Help

Drunk driving accidents have the potential to be settled easily. But often, these accidents are not minor fender benders. Instead, they are catastrophic and result in permanent injury and death. When an accident involves more than just property damage, you need legal help from a car accident attorney to help you sort things out. You may be able to recover substantially more damages than you thought possible.

Legal Help from Herbert & Eberstein in Richardson, Texas

When you feel stuck and don’t understand your legal rights, Zach Herbert is here to help. Serving clients in Texas and Oklahoma, he is your car accident attorney and will be by your side after you have been hit by a drunk driver.

Need more information? Fill out the contact form, or just give us a call at 214-414-3808. There’s no obligation to become a client, we can answer your questions.

Understand Head Injuries that Happen After a Car Accident

Your Car Wreck Attorney Helps with Your Settlement

Car accidents are a big deal. Even though you may feel fine immediately following the wreck, if it was more than a small fender bender, you need to get checked out by a doctor and monitored to ensure that you aren’t suffering from a traumatic brain injury.

These injuries can take on a variety of different forms. Knowing what to watch out for can help you prevent the injury from causing more problems later on in life. If you have been in a wreck, you need a car wreck attorney to help get you the settlement you deserve; especially if there were injuries or a death involved.

Different Types of Head Injuries

One of the most common injuries in a car wreck is the head injury. But that encompasses a range of injuries, some more serious than others.

Concussion – A minor head injury that occurs when the brain bumps the inside of the skull. This happens when your body stops moving suddenly, such as in a car accident. It may result in loss of consciousness, headaches, nausea, and confusion. Generally they’re not life threatening, but can take time to heal.

Contusion (or Coup) – Take a concussion, and move it up a notch. When the head strikes a solid object (or is struck), the brain is bruised at the point of impact. Symptoms include difficulty thinking, memory loss, balance and coordination loss, and difficulties speaking.

Coup – Contrecoup – Think of this as a double contusion. When the impact is hard enough that the brain is bruised, but knocks against the opposite side of the skull causing a second bruise. Violent car wrecks create this kind of serious injury. Results are often bleeding and swelling of the brain, skull fractures, ongoing headaches, loss of consciousness, memory loss, difficulty thinking and speaking, and more.

Diffuse Axonal Injury – Axons are what connect nerve cells within the brain (like a telephone wire). When the brain moves quickly inside the skull, it can stretch or sever these axons. Severe types of this injury can cause inability to stay awake as well as nausea, headaches, and dizziness.

Traumatic Subarachnoid Hemorrhage – The brain is surrounded by cerebrospinal fluid providing a cushion or padding. In the event that the brain or area around the brain starts to bleed, that fluid is mixed with blood causing hemorrhaging. Widespread problems include sudden severe headache, stiff neck, light sensitivity, and seizures.

Signs of Traumatic Brain Injury

Brain injuries sustained in a car wreck will often have symptoms that show up immediately, and others that will come later on. Think of it like when you get a bruise, it hurts right away, but the bruise sometimes doesn’t show up until the next day.

Loss of consciousness (a few seconds to hours)
Headache, especially localized to area of impact
Pupil dilation
Memory loss
Confusion
Difficulty thinking or speaking
Balance issues

Many of these are early warning signs of a serious traumatic brain injury and none should be ignored. Some symptoms that may develop later include:

Clear fluid draining from ears
Inability to wake up
Vomiting or nausea
Headaches that get worse instead of better
Seizures
Numbness in fingers or toes
Loss of coordination

What Happens if Symptoms Show Up Later?

If you have been in a car wreck, and experience any of the mild symptoms, it’s important to be checked out by a doctor. The doctor can monitor your health, and give you an accurate prognosis as to what you can expect.

There have been cases where brain injuries today, lead to depression, Alzheimer’s, or Parkinson’s disease months or years later.

When it comes to filing your car accident lawsuit, these medical records are going to be necessary so you can receive the compensation you deserve. Your car wreck attorney can help you collect payment for medical bills that happen now, and those that show up down the road in case more serious problems develop over time.

Contact Zach Herbert – Car Wreck Attorney in Texas

Because of the unknown nature of traumatic brain injuries, you need a car wreck attorney on your side. Most insurance settlements will offer payment for what you are experiencing at that time, not taking into account that issues may come up later in life.

Zach Herbert has a great track record of helping victims after their accidents. Licensed in both Texas and Oklahoma, he can serve as your car wreck attorney and get you the compensation that you deserve.

Call 214-414-3808, let’s chat about what happened and how we can help.

You are Derailing Your Lawsuit When You Do This

Protect Your Car Accident Case and Avoid These Blunders

When you’re injured in a car accident, you expect that insurance companies will do the right thing to help restore your life to a fairly normal state. The unfortunate fact is that often that’s not the case, and you’re left wondering how you’re going to survive financially with all your new hardships. That is where a personal injury attorney that specializes in car wrecks will help you get back to “normal”; even if that looks drastically different. When it comes down to it, if you have to file a lawsuit to protect yourself against a powerful company, there are ways that you can end up derailing your own lawsuit. It happens often, and it can be devastating to the victim as their case is dismissed.

8 Ways you’re Derailing Your Lawsuit

When you’re seeking a settlement, it’s best to skip these blunders.

Posting on Social Media
Statistically, you spend over 2 hours every day on social media. You can check the usage on your phone to see exactly where you lie. It’s a big part of everyone’s lives. And if you have been in an accident, you are going to want to let the world know about it!

Of course it’s obvious not to talk details of an ongoing case, but you need to take it a step further. Until everything is settled, which could be months, it’s best to just get off social media entirely. Remember, we lived happy and fulfilling lives before social media was a thing; you can go back to that lifestyle!

Name Calling and Bashing
When it comes to court cases, just about anything can be called into question and read before a jury. It doesn’t matter if it was a private text message conversation between you and your best friend.

If you have messages, even private messages, or if you have been recorded in any way bashing or name calling the defendant, it won’t bode well for your case. You don’t have to go out of your way to praise them, but definitely go out of your way to avoid negative remarks.

Disclosing Unnecessary Information
When someone is arrested, they are read their Miranda Rights. Part of that warning states, “anything you say can be used against you in a court of law.” It’s a warning that you should just stick to the necessary details.

For instance, let’s suppose you’re talking with your doctor about being unable to work due to your accident. All you need to discuss is your physical condition. Mentioning the fact that you hated that job and you are glad to have an excuse not to return to work is not going to help.

Telling Friends about the Accident
After you have set aside the social media, and you’re refraining from name calling and bashing the defendant, you are going to be tempted to relay the information to your friends and explain what happened. Just give a brief overview if anything at all.

If your case goes to trial, your friends may be asked to testify. If you told them a different story than what you tell the court, your case can be derailed. Only discuss details with your personal injury attorney.

Admitting Fault or Apologizing
We mentioned in a previous article that having a video, or at least audio, recording of the situation is a good idea. Keep in mind that the other party may be doing so as well.

Never admit fault. Even if you are at fault, don’t admit it to anyone but your attorney. Likewise, don’t say anything that could be mistaken as admitting fault. For example, the phrase, “I’m sorry, I didn’t see you there.” can be interpreted as an admission.

Waiting Too Long to Seek Treatment
When you have been injured in a car wreck, you are not required to seek medical attention right away. But any personal injury attorney will tell you that the longer you wait the more harm you are doing.

Waiting to seek medical treatment shows that your injuries weren’t serious to require treatment immediately. But even more importantly, a claims adjuster can assert that the injuries happened after your car accident, and weren’t sustained in the collision.

Missing Your Doctor Appointments
Just like waiting too long, skipping or missing appointments is an easy way to throw your case off course. Sometimes scheduling conflicts come up and you have to reschedule. But these should be avoided if at all possible.

Missing appointments can lead to the accusation that you don’t really need the medical treatment in the first place. Don’t give any ammunition to the adjuster, keep your appointments.

Speaking with an Insurance Claims Adjuster
After an accident a claims adjuster will offer the lowest settlement they feel the company can get away with. If you have been injured, or worse, someone has been killed in the accident, you definitely need your personal injury attorney to speak on your behalf.

If necessary, simply tell the adjuster that you need to speak with your attorney before any decisions are made.

Zach Herbert is Your Personal Injury Attorney in Texas and Oklahoma

Did you know that Herbert & Eberstein can help you in both Texas and Oklahoma? With offices in Richardson, Texas (serving the greater DFW area), and Oklahoma City, Oklahoma, we are here to help you stand up against powerful companies that are not looking out for your best interest.

Let’s chat about what happened. Fill out the form on our contact page, or simply give us a call at 214-414-3808.

Can I Sue an Uninsured Motorist after an Accident?

Your Guide to Being Reimbursed After an Uninsured Accident

Every state requires that you carry at least a minimum amount of liability insurance. The reason is simple: if you hit someone else, you need to be able to cover the costs of damages. The good news is that most of us (87% of drivers) do carry insurance. But that means that 1 in 8 drivers on the road are uninsured.

If you’re hit by an uninsured driver, it can potentially be a bit of an uphill battle to collect the money required to fix the damages to your vehicle. If there are injuries and other non-economic costs associated; it’s going to be even harder. As your car accident attorney, we’re here to help; listed below are a few of your options.

Quick Guide after an Uninsured Motorist Accident

Before we jump right into your options for recouping your losses after an uninsured motorist accident, we want to make sure that you have the right procedure to follow. This can help your case if you end up filing a lawsuit with a car accident attorney.

Record a Video – Immediately after the accident, start a video recording with your phone. If you have a shirt pocket, put the phone in there, then go speak with the other driver. Many people will admit fault at the time while their adrenaline is running, and then change their story later. You want them recorded admitting fault.

Take Pictures – Make sure you have all the evidence documented in pictures.

Call the Police – If you even suspect the other driver doesn’t have insurance (and especially if they admit to it), you want a police report on file to help your case.

Exchange Information – Without insurance, the other driver may attempt to “hide.” With all of their information, it will be easier to track them down later.

Contact an Attorney – Even if things work out for the best, give Zach Herbert a call. Having all of the details will help your car accident attorney if a lawsuit is filed.

Now comes the hard part. If you are injured, or a passenger in your vehicle is injured, doing all of this is going to be the last thing on your mind. Hopefully it doesn’t come to this, but if it does; preparation is key to ensuring that you are made whole again after the accident.

Make Sure that You have UM and UIM Coverage

Uninsured motorist (UM) and Underinsured motorist (UIM) coverages are available from nearly every insurance plan out there. These coverages are designed to protect your health and well-being in case you were hit by someone without adequate coverage.

While this type of coverage provided by your insurance company can help, they may not be enough to cover all of the costs (especially if someone died in the accident). Furthermore, they almost never cover damage to your vehicle.

Check if Your Policy Allows UMPD Coverage

In order to have your vehicle repaired (or replaced) after an accident with someone that doesn’t have insurance, you want to see if your policy has Uninsured Motorist Property Damage (UMPD) coverage. It’s usually a low cost option to protect your own property without having to go through a car accident attorney.

Use Your Policy’s Collision Coverage

While it is not the most ideal way to recoup losses after being hit, you can use your own policies collision coverage to do so. The downfall: you have to pay your deductible, and your rates may go up. If you have exhausted other methods, or there doesn’t appear to be any recourse from using a car accident attorney, this may be the only way you can avoid paying for the repairs completely out of pocket.

Use a Personal Injury Attorney to Sue the Other Driver

A personal injury attorney, especially one that specializes in car accidents, may be your best option for recovering damages. You may run into some problems even going this route though. You can only collect on a settlement, if the guilty party has assets to settle with. If they have chosen not to drive with insurance, it’s likely they won’t have anything with which they can pay.

Contact Zach Herbert Car Accident Attorney

Our goal is to make sure that you are well taken care of after a car accident. Often that means standing up for you when someone who is at fault is not paying their fair share.

If you have been in an accident, whether with an uninsured motorist, or with anyone else, and you don’t feel that you have been treated fairly, then we need to talk. Herbert & Eberstein is licensed in both Texas and Oklahoma and we help with your car accident needs.

Visit our contact page, or call us at 214-414-3808 to get more details.

How Long will My Car Wreck Settlement Take?

What to Expect with your Car Accident Attorney

If you have ever been in a minor fender bender, you know that settlements can go quickly. The body shop assesses the damage, reports it to the insurance company, it’s approved, and everything is settled up by the time your vehicle is done being repaired. Some accidents aren’t quite so simple; and you’re left wondering how long the car wreck settlement will take. Zach Herbert is a car accident attorney serving Texas and Oklahoma. Over the years, he has discovered that settlements can go relatively quickly, or drag out for well over a year. Fortunately, there are some factors we can look at that will often extend the settlement timeline so we know just what to expect.

Faster Car Wreck Settlements Still Take Weeks

Aside from the scenario above, when the only damage is economic and easily measured, don’t expect a settlement to be finalized in less than 4 or 5 weeks.

With a fairly simple settlement, there are still negotiations that will need to be done with the insurance company. Even when all of the facts are straightforward, there are no disputes as to who is at fault, medical bills and property damage are easily measured, the insurance company will still offer the lowest reasonable settlement. If you accept this settlement, you waive all rights to any recourse in the future. Because of this many people victims will enter into negotiations; either with the help of a car accident attorney or through your own negotiations that we outlined last week.

Many wrecks will actually take longer to settle.

Longer Car Wreck Settlements Take Months

If you are involved in a major car wreck, it is highly likely that it will take months from the time of the accident, until the settlement is finalized and closed. Here are a few of the factors that can cause a settlement to drag out longer.

Serious Injuries – If you have been in a car wreck, and you were injured, the settlement will take longer to finalize. The more serious those injuries, the longer it will take. Medical conditions aren’t one-size-fits-all. Some people heal quickly with few complications; others will take years of rehabilitation for the same injury. Until a physician has indicated that you have reached the maximum medical improvement, or the point where you’re not going to get any better, there’s no way to fully know how much the medical bills will cost.

Insurance Company’s Willingness to Settle – Insurance companies will range in their responsiveness. If you’re filing a car accident claim here in Texas, the company must approve or deny a claim within 15 days of their receipt of documents. But, if an adjuster has good reason, that can be extended to 45 days. If they deny the claim, and you appeal, the timeline just keeps extending out from there.

Some Car Wreck Settlements Take Years

Accidents involving life changing injuries, death, or those with complicated matters, can end up going well past the year mark before they’re finally closed. The biggest factor that ends up causing cases to take longer than others is when the courts become involved. Legal proceedings can tend to be a drawn out process; here is the condensed version of how they can go.

Complaint Filed – When the at-fault driver is denying responsibility for the wreck, or the insurance company is denying a claim that is legitimate, the complaint must be filed so that a lawsuit can begin.

Defendant Served – Just filing the lawsuit doesn’t mean the defending party will know what’s going on. They have to be served with the lawsuit. If the defendant has moved, or otherwise is making themselves scarce, it can take anywhere from weeks to months to track them down.

Defendant Answers – The defendant will enlist the help of their own attorney, and they will answer the complaint and legally file it with the court system.

Discovery – Each party will discover the evidence in order to be prepared for the trial. This is getting all evidence in order, making sure they have sound arguments, and more.

Trial – The actual trial is the quickest part of the whole process. Most cases only last a day or two in court before a result is delivered.

Appeal – The results are not always final. Either party can appeal the decision. If this happens, the case can extend into many years before a verdict is finally reached.

If your settlement doesn’t go through immediately, and you have to move to court proceedings. There is good news. After the lawsuit has begun, most of them are never completed. Since the process is long, expensive, and most car accident attorneys will have a good idea of the outcome, the case will usually settle before it even goes to trial.

Zach Herbert – Car Accident Attorney in Richardson, Texas

Some wrecks are easy to settle. Some wrecks take a lot longer. Until the specifics are known, it’s hard to say how long any of this will take. But there is one thing that we can be certain of: most car wreck settlements will take longer if you try to go it alone, than if you hire the help of a car accident attorney.

Call Herbert & Eberstein at 214-414-3808, or fill out the contact form on our site, and let’s discuss your case. There’s no obligation to you, we first want to chat and find out how we can help.