Snow, Ice, and Even Rain Cause Slick Roads and Lead to Wrecks

Winters in Texas are generally pretty mild.  But then the snow and ice storms come along and cause mayhem.  Life doesn’t stop because the weather turns foul; most people still have to commute to work on the slick roads.

When the roads are slick, the chances of being in a car accident are exponentially greater.  Combine that with heavy traffic in Dallas and the metroplex, and it can be dangerous to be on the road.

But if you are in an accident, do you know who is liable in varying situations?  The car accident specialists at Herbert & Eberstein have you covered so you know your rights and what to do after the accident.

You May be Liable for the Accident

As a motorist, you are required to drive in a safe manner given the conditions of the road.  When things get slick, it’s your responsibility to slow down and avoid driving if you’re not comfortable with your abilities.

When you’re driving and you hit ice, snow, or any other slick spot, and you lose control of your vehicle, you may be liable for the accident; even if you felt you were driving in a safe manner given the conditions.

Another Motorist May be Liable for the Accident

If you’re struck by another vehicle, however, it’s similar to any other car accident.  The other motorists have the same responsibility to drive in a safe manner as you do.  If they don’t, and they cause the accident, they may be held liable.

Your Mechanic Maybe Liable for the Accident

If your vehicle suffers from mechanical failure on the slick roads, the mechanic that worked on your vehicle may be held liable.

This is not always the case though.  Sometimes parts will fail simply because they wore out.  If your vehicle suffered a failure after being repaired recently, then you need to get in touch with Herbert & Eberstein to ensure that your accident is investigated thoroughly.

The City or State May be Liable for the Accident

Governments are responsible to keep the streets in good working order.  That means not letting them fall into disrepair, and keeping them clear so that driving is reasonably safe.  If the party responsible to keep the roads clear for driving has failed to do so, they may be at fault for the accident.

Filing a claim against a municipality is much harder than against another motorist’s insurance company.  You generally have less than 6 months to do so, and you will need the assistance of a personal injury car crash attorney.

No Matter What, Contact Herbert & Eberstein After Your Accident

If you have been involved in an accident because of the slick roads in the winter, it’s always a good idea to chat with your local car accident attorney to make sure that you are being fully compensated.

Slick roads are dangerous, but Zach Herbert and Brian Eberstein are here to help.  Fill out the contact form, or simply call 214-414-3808 and let’s get you financially restored so you can keep on with your life.

What You can do if you’re Injured in a Deer Collision

Texas isn’t a high risk state when it comes to animal collisions.  A recent study done by State Farm shows the state as medium risk; the odds of hitting an animal on Texas highways are 1 in 158.

But legally, what are your rights if you hit a deer, or other animal, and you’re injured in the crash?  Your Dallas car crash attorney weighs in and gives you the details.

What Happens after a Collision with an Animal

First, we should say that we’re talking about collisions with wild animals.  Escaped domestic animals are going to have some other legality around them.

If you hit a wild animal on a Texas highway, and a crash ensues because of it, the only difference is that there is no other party that could be at fault.  You can’t, after all, file a suit against the animal even if it did survive the accident.

But for you, the outcome remains.  There is damage to your vehicle, you have medical bills due to injuries, and you have probably sustained some lost wages as you recover from those injuries.  The financial impact of that animal running in front of your vehicle can be huge!

Fortunately, Texans are usually protected (to an extent) with mandatory insurance requirements.

What Insurances Cover Your Loss after a Deer Collision

After colliding with a deer, there are several important factors that come into play to ensure that you’re fully restored (at least financially).

Collision Coverage – There are three types of car insurance, liability, collision, and comprehensive.  Liability insurance covers the other party’s vehicle in the event of a crash, comprehensive covers situations like tree branches, hail damage, theft, etc.  Collision coverage protects you if you collide with something while driving.  This is what will pay to have your vehicle towed and repaired (if it hasn’t been totaled out).

Rental Insurance – Many policies have the option to add rental reimbursement coverage.  Between the time you are in the accident, and when your vehicle is repaired, you still need something to drive.

PIP Insurance – Personal Injury Protection insurance is required in Texas.  The minimum, however, is just $2,500.  This insurance covers medical bills, lost wages, and losses due to the injury.  Often there are limits (such as it may only pay 80% of your lost wages), and most people would be better served with more protection than just the minimum.

How can a Dallas Car Crash Attorney Help?

A deer collision can cause just as much damage as a vehicle collision; especially if it causes you to veer off the road.  But without another party, the responsibility is solely on you, the driver.

While most car crash attorneys won’t be able to help, there are just a few instances where you will want to speak with us.

Do you have full coverage, including at least the minimum PIP insurance?  Is your insurance company refusing to cover the accident?  Then they may be acting in bad faith.  If that’s the case, then you will want to speak with Zach Herbert or Brian Eberstein, car crash attorneys in the Dallas, Texas area.

Simply call us at 214-414-3808 or fill out the contact form to get things started for your free initial consultation.

Insurance Companies sometimes Twist Facts to Avoid Settlements

We all have auto insurance to protect us in case we’re involved in an accident.  You expect to be indemnified, a word here which means “made whole”, in the event of a wreck.  Of course there are deductibles and all those things to prevent you from abusing the policy and cashing in every time your car gets an itty bitty ding in it.

But when you really need the insurance the most, there are times when they might twist the truth to avoid paying a settlement.  Sometimes it’s legal, and they’re just being really sneaky.  But other times they’re downright lying (and acting in bad faith); a scenario that can land them in a heap of trouble, so you don’t run into it all that often.

Instead, you might run into some of these claims that can fall within the scope of still being honest, but aren’t quite true.

You Must Use an In Network Body Shop

Insurance companies have preferred auto body repair shops.  They’re the shops that have been vetted, are known to do a good job, and the entire repair process has been streamlined when you use these shops.

When you’re setting up repairs (assuming you’ve been in a minor fender bender and a call to a Texas car accident attorney like Herbert & Eberstein isn’t in order), the insurance company will encourage you to use one of their in network shops, maybe even claiming the process is streamlined and you will get your car back sooner (not necessarily true).

The reality is that you have the right to choose.  You can choose any repair shop that you desire.

Your Claim Wasn’t Filed Properly

We live in a world of technicalities.  Often, if an insurance company can avoid a large settlement based on one, they do so.  It’s a legal (although ethically suspicious) method of saving some money.

When you applied for your insurance, you have to give quite a bit of information.  But what if you didn’t give complete information?  Or you outright lied on the insurance application?  For instance, maybe you said you commute 10 miles round trip to work each day, but in reality it’s closer to 40 miles?  The shorter commute might get you better rates, and so you went with that number.  While they can’t really deny a claim because of that particular scenario, that may not always be the case.

It’s never a good idea to skew your insurance application or claim form just to save money on premiums.  But if you make an honest mistake, it’s not the end of the world.

There’s a Deadline on Your Settlement

One of the biggest myths out there is that you have to hurry up and accept the settlement before it goes away.  Any deadline that you are given is arbitrary, and designed to “encourage” you to take a settlement offer that may not fully compensate you for your loss.

In some circumstances, where the car wreck involved loss of life, injury, or major disability, determining a fair settlement amount can take a significant amount of time.  Of course, this is when you will want a Texas car accident attorney on your side; someone that knows what a fair settlement is.

Come to Herbert & Eberstein: Texas Car Accident Attorneys

Some settlements go quickly and smoothly.  Someone bumps into your rear quarter panel, you swap info, and insurance pays to fix it.  Done.  But many others don’t go quite as smoothly.  Many others are much more serious.

If you’re ever in a car accident that is more than a minor bump, you need to speak with a Texas accident attorney like Zach Herbert or Brian Eberstein.  Years of experience and knowledge on what a good settlement looks like, you can be assured that your case will be handled appropriately, and you will be treated fairly.

Let’s get started with a simple chat to get to know you and find out what’s going on.  No obligation, no cost.  Fill out the contact form, or call 214-414-3808.

Accidents while Traveling are Common; Here’s what to Expect

Christmas and the New Year are both rapidly approaching.  While travel is down quite a bit this year, there will be a number of families heading out of town to meet up with loved ones.  But what if you’re involved in a car accident while traveling?

Driving in a new city or state means that you’re unfamiliar with the roads.  The result is that you’re more likely to be involved in a car accident than when you’re cruising around in your home town.  Never fear, these things aren’t quite as daunting as they may seem!

Herbert & Eberstein have laid out what you should do if you’re in a wreck away from home.

Immediate Steps after being in a Car Accident

No matter if the accident happens in front of your house, across town, or across the country, the steps are always the same to follow.

Call the Police – Filing a police report right away is how you ensure that all the details are recorded properly.

Seek Medical Attention – If you’re injured, have your injuries attended to right away.  The longer you wait, the harder it will be to seek full compensation for them.

Swap Insurance Information – Often wrecks are little more than fender benders; especially if nobody needs medical attention.  No matter what, be sure to swap insurance information.

File a Claim with Your Insurance Company – If you had to go to the hospital, you need to speak with a car accident attorney right away.  If this was a simple crash that just did damage to vehicles, then file a claim just as you would any other time.

Call Herbert & Eberstein – We can chat about your car accident while traveling, and see if you need an attorney to help you collect compensation.  Contact us, and we can chat about it.

Have Your Car Repaired – If your vehicle isn’t drivable, you will need to either have it transported back to your home town, or have it fixed where you are.  Obviously there are some hurdles since you probably can’t wait 4-6 weeks for repairs.  If your insurance company isn’t playing nice, then we should chat.

A straight forward car accident is handled just like it would be at home.  Your insurance will cover you no matter what state you are in.

What if I Need a Car Accident Attorney?

Many accidents, however, aren’t as clear.  What if your accident results in injury or death?  What if you are involved in an accident with a semi-truck or other commercial vehicle?

There are two scenarios here: one if you’re still in the state and another if you are out of state.

Accidents that happened in Texas – Herbert & Eberstein can handle car accident cases in Texas and Oklahoma.  It doesn’t matter if you were involved in the wreck in the Dallas area, in El Paso, or in Houston, as long as you were in state, we have your back.

Accidents that happened outside of Texas – If you are traveling to an area outside of where Zach and Brian are licensed to practice, we should still chat!  There are special considerations when working jointly with Herbert & Eberstein and working with an attorney where the accident occurred.

No matter where the accident happened, your first step is to get in touch with us and we can figure out the best course of action.

How does my Claim Work from Afar?

If you have a claim started in a different state, you may end up having to travel back to wherever the claim was initiated to give your statements.

Don’t worry, this usually only has to happen once.  So when it comes time, you aren’t making multiple trips trying to get it settled.

Since a lot of everything has moved online this year, depending on the court system you may even be able to appear via the web instead of traveling to the area where your case is being heard.

The bottom line: it’s going to be a bit more work on everyone’s part to ensure you receive the compensation that you deserve.  And the insurance companies aren’t going to make it easy on you.  That is why you need a great car accident attorney on your side.

Let’s Chat about Your Car Accident

Herbert & Eberstein have a great track record of helping people find the justice that they deserve.  When things are looking bleak, you can be assured that your car accident case will be handled quickly, and you will receive what you need to fully compensate you for your loss.

No matter if you’re at home, or in a car accident while traveling, call 214-414-3808 and let’s talk about what needs to be done.

Find the Perfect Gift this Season

As we head into the holiday season, we can be left scrambling to find the perfect gift for those we care about.  Shopping, however, doesn’t need to be that difficult.  There’s a fairly simple way to determine exactly what those on your list would love to receive.  Zach Herbert and Brian Eberstein, your car accident attorneys in Texas, have the formula.

When buying a gift, consider where those on your list spend the majority of their time (outside of work, of course).  Get them something they will love that relates to their hobby.  Be careful though, if there is a lot of technical gear or tools involved, don’t try to guess at the good brands.  Instead, a gift card to their favorite store or something that relates may be better.

For instance, here are a handful of gift ideas for the car enthusiast in your life.

CarLock Real Time Car Tracker

Every day there are over 2,000 vehicles stolen in the US.  Car alarms are meant to deter this, but when you hear one the first thought is likely, “Will someone turn that thing off?!” instead of, “Someone is stealing a car!”

With a CarLock device, your enthusiast friend or family member will get an alert if their car is moved, started, or if any unusual vibration is detected.  The device syncs to their smartphone so they can easily track the vehicle wherever it ends up.

LEGO Kit of their Favorite Car

Most of us that love fancy cars are interested in the Lamborghinis, Ferraris, and McLaren’s… but we’re on a Honda budget.  Regardless of what their dream car is, it’s a dream because it’s not yet in the garage.

LEGO makes a ton of vehicle kits, from the mundane to the supercar.  Casually find out what their favorite vehicle is, and track down the right kit to keep their dreams going strong.

Subscription to a Car Magazine

Help them to stay up-to-date on their favorite engines with a subscription to a car magazine.  Sure, most of this can be found online, but there’s still something amazing about holding a magazine with a full color spread in your hands.

Naturally you will want to sneak a peek at their coffee table to make sure you’re not getting them a subscription to a magazine that they already own.

Rent them the Car of their Dreams

Dreaming of a vehicle is one thing.  Reading about it in a magazine is another.  Having a LEGO replica on your desk at work keeps it going.  But if you really want to impress someone that loves a particular car, spend a little time finding out where you can rent one.

Even vintage vehicles can be rented on the private market.  There’s a good chance that no matter what car it is, you can find it available for a drive (if the price is right).

Auto Detailing Gift Certificate

Most of the time a gift certificate is a bit of a cop-out gift.  Sure it’s meaningful, but it lacks that particular touch of caring that goes into a really thoughtful gift.  But for the car enthusiast, a gift certificate is a great way to help them take excellent care of their vehicle.

Find a respected high end detailing shop.  One that takes excellent care of the vehicles that come into their care.  Get the works package, and tuck it neatly into the stocking.

After an Auto Accident Talk to Herbert and Eberstein

Even those that are enthused with vehicles can be hit by an inattentive driver.  If you, or someone you love, have been hit, then you need to speak with accident attorneys Zach Herbert or Brian Eberstein.  With years of experience and thorough knowledge of insurance law, they can help you receive compensation that fully covers your losses.

Give us a call at 214-414-3808 or fill out the contact form.  Our first goal is to get to know you and see if we can help with your case.

Your Car Accident Attorney Shows the Perks of Upgrading

Many of us love our vehicles.  But that love is rarely because they’re reliable, get from A to Z, or we look really cool driving them.  No, it’s primarily nostalgic reasons.  We have built many memories with them: road trips with the family, driving to the first day of a new job, or even just the thrill of the purchase.

Over time, like all other possessions, they tend to wear out or become in need of an upgrade.  Sometimes it’s hard to let go.  Here’s when it is time to move on to the next memory maker.

You Need Improved Safety

Studies have shown, time and again, that modern vehicle technology is much safer than it was even just a decade ago.  If your vehicle is even older than that, then upgrading to something new could be a great way to help you have peace of mind on the road.

Driving defensively is the best way to avoid being involved in a car accident.  But you can only control what your vehicle does.  If you have a growing family, you’re worried about your own safety, or you just want to be sure that you’re not injured or killed in a car accident, then buying something newer may be the right choice for you.

It Keeps Breaking Down

As the engine and other mechanical components wear out, the vehicle spends more and more time at the shop.  Preventative maintenance can do quite a bit to ensure that it will last as long as possible, but there will be parts that just wear out.

If you find that you’re spending more money at the mechanic than on a car payment, then it’s time to get rid of the old clunker and get into something that won’t have those issues.  Buying one that’s brand new means you can even work a special deal that all preventative maintenance is taken care of by the dealership (at least for a few years).

You Need Something More Reliable

Even if you’re not dragging the thing into the shop every other week, you may want something that isn’t as sketchy to drive.  Most of us depend on our vehicle for our daily commute.  If it were to break down, you’d be scrambling for a last minute Uber ride so you can get to work on time.

As your car gets up there in years, it’s more likely to break down and not provide that reliable transportation that it once did.  It’s time for an upgrade.

It’s Just Not Comfortable Anymore

Just as the mechanics of the vehicle will wear out over time, so will the interior.  Seats rip, foam breaks down, carpets wear out, stains happen.  Remember when you first hopped into your current vehicle and how nice it felt to sit in there?  Does it still spark that joy?

Aside from the components wearing out, you too have changed.  You may have lost weight or gained weight.  You may have gotten taller, or shorter.  Even just the extra years on your life have caused you to feel different.  If you’re not comfy in the car, don’t put up with it for longer than you have to!

You’ve Been Involved in a Car Wreck

Even just a minor fender bender can cause enough discomfort to opt for an upgrade.  As the vehicle ages, and the value decreases, it could be totaled out with a relatively low amount of damage.  If the wreck was your fault, you can avoid filing an insurance claim by scrapping the car and getting something new.

If the accident was worse, and ended up causing physical harm or loss of life, you can get in touch with a car accident attorney to help recover damages.  Those damages can help you replace the vehicle and get into something newer that will protect you from physical harm in the future.

Let Herbert and Eberstein Help You After a Car Accident

If that last scenario rings true for you, then you need a Dallas personal injury attorney on your side.  Zach Herbert and Brian Eberstein have the experience you can rely on so that you’re fully compensated for the loss that you have suffered.

Let’s chat about what happened. There’s no obligation to become a client, first we need to see if we can help.  Call us at 214-414-3808, or fill out the contact form.

Safer Driving Also Means Less Risk of Accidents

Over the years, vehicle technology has changed considerably.  And that’s a good thing!  According to the NHTSA newer vehicles are safer than ever.  Safer is better, but it does come at a price.  As vehicles get heavier and more powerful to drive in all sorts of conditions, they lose their fuel economy.  Modern technology is working on improving that, but for now, a newer vehicle means you end up spending more at the pump.

From the cost of maintenance, to fuel, to insurance, the bills add up quickly!  But there are still ways to reduce your costs; car crash attorneys Brian Eberstein and Zach Herbert have put together a list on how you can keep more cash in your wallet, while enjoying your vehicle.

Cut Costs at the Gas Pump

Fuel prices have been down for quite a while.  But there’s no reason to overspend.  Here are the best ways to ensure you’re getting the best mileage possible.

Ditch the Lead Foot – Hitting the gas hard when leaving a stop is one of the fastest ways to burn fuel.  Sure it’s fun to do every now and then, but for the most part, it’s largely unnecessary.  There is no need to creep along though, just get up to speed at a reasonable pace.

Cut the Wind Drag – Most cars are designed to cut through the air.  SUV’s, however, are not.  When you add car boxes, mountain bike racks, and the like, you create even more wind drag.  Carrying a couple bikes on top of your aerodynamic car can drop your fuel economy by 30%.

Slow it Down – Wind drag isn’t the same no matter the speed.  Back in the 70’s the national speed limit was set at 55 because as you go faster, fuel economy drops off exponentially.  Of course, when you’re in traffic go with the flow, but when you’re on the open road, know that faster means burning gas faster.

What doesn’t make a big difference in your fuel economy?  The added weight in your vehicle isn’t a big deal.  Unless you’re totally overloaded, even 100 extra pounds is going to be negligible.  There are a dozen small ways you can improve your overall fuel economy, but the sacrifice of comfort or the trouble to do so is not going to justify the savings.

Save on your Auto Insurance

We all need it to drive, and if there’s a wreck it’s great to have it.  But nobody wants to pay more for their insurance.  Here’s how you can save, but keep the coverage.

Use a Broker – There are dozens of insurance companies out there.  Using a broker (instead of a captive agent) means you can get quotes from all of the top rated companies.  The broker is also on your side in case you have questions on how you can save, and if you need to file a claim.

Drive Safely – Many companies offer a safe driver discount.  They send you a little device that plugs into your vehicle and monitors miles driven, how fast you speed up, how many hard stops you make, and the like.  Drive safe during this time and you can get a discount.

Get the Bundle – We all have to live somewhere.  Bundling auto and home (or renter’s if you’re renting) means you can get the biggest discounts possible.

Take a Class – Many insurance companies will give you a discount if you take a defensive driving class.  They usually cost a little bit, and take up a Saturday morning, but at the end, you can save a lot more than you spent.

What don’t you want to do to save on insurance rates?  Never lower your coverage.  You will need that in case you get into an accident; more is better.  You can raise your deductible, but often that’s not going to save you much.  And as we know, newer cars are safer, so going with an older vehicle is putting your safety at risk to save a few bucks.

Come to Herbert and Eberstein after an Accident

No matter how much you save at the pump, or how many insurance discounts you get, being in an accident is terrible.  To top it off, that insurance that you have spent a lot of money on will usually give you such a lowball offer it’s insulting.  That’s why you need a car crash attorney on your side.

Zach Herbert and Brian Eberstein are car crash attorneys in the Dallas area, and they know how to handle these claims.  They will work with you to ensure that you are being fairly compensated for the damages you have endured.

Fill out the contact form, or just give us a call at 214-414-3808 and let’s chat about how we can help.

How to Avoid a Single Vehicle Accident

When you’re a careful driver, there isn’t much to worry about on the road.  Most of the time, you will arrive safely at your destination.  It’s when we get lazy, distracted, or inattentive that problems occur.  And often, there is only one vehicle involved in the wreck: your own.  That doesn’t diminish the severity though; in 2018 around half of the fatal accidents were single vehicle crashes.

So let’s go through the top causes of single vehicle accidents, and how you can avoid becoming one of the statistics.  Remember too, even if you’re the only one involved, it might not be your fault.  Always speak with vehicle accident attorney like Zach Herbert or Brian Eberstein from Herbert & Eberstein before settling with the insurance companies.

Why Single Vehicle Accidents Occur

Of course there are other reasons, but most will fall under one of these six.  For instance, night driving, or inability to see, could be a reason, but that would probably fall under weather or distracted driving.

Speeding – There are two major issues in regards to all wrecks; speeding is one of them.  Speed limits are designed around how fast you can safely travel in any given area.  When you’re going too fast for the road (or the conditions), you set yourself up for a bad time.

Drunk or Distracted Driving – The other major issue when it comes to getting in a wreck: drunk or distracted driving.  They’re grouped together because one is just about as deadly as the other.  With today’s ride-share economy, there’s no reason drunk driving should exist anymore.

Drowsy Driving – On a dark and lonesome highway, when you can barely keep your eyes open… was it a deer?  Or perhaps your imagination?  Was it just drifting off the road?  When you’re driving while tired, you tend to overcorrect which causes the vehicle to roll.

Weather – Rain, snow, fog, even bright sunlight right as the sun is about to set; they all can lead to the same thing: a single vehicle accident.  Whenever you drive in less than ideal conditions, make sure you adjust your driving habits to ensure you are safe.

Mechanical Failure – Sometimes mechanical problems arise because you didn’t catch a maintenance issue.  Other times, mechanical issues arise because the vehicle simply wasn’t built the right way.  If it’s the latter, you may not be entirely at fault for your single vehicle accident.

Debris or Flying Objects – What do blowing leaves, sand and dust, debris flying off the back of a semi truck as it whips down the road with an unsecured load all have in common?  They can cause your accident.  If it’s a natural event, you should be prepared; if it’s someone else’s negligence that caused your accident, then you need to talk with a vehicle accident attorney.

Speak with Zach and Brian: Vehicle Accident Attorneys

Whenever you’re in an accident, you need to speak with an attorney.  The more serious the accident, the more important it is to get some legal guidance to ensure that you are fully compensated by the insurance companies.

Wondering if your accident needs the help of legal counsel?  Call Zach and Brian at 214-414-3808, or fill out the contact form to get the ball rolling.  Remember, it’s just a chat for now, no obligation and no cost to you.

Safety starts with you. No matter what time of year you are riding, follow these 6 safety tips to avoid a motorcycle wreck.

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