How Insurance Companies May Try to Deny Your Car Wreck Claim

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Legal Help Works with Your Car Wreck Claim

Insurance is designed to protect us against financial loss.

But since insurance companies are businesses, and they’re designed to bring in more money than the pay out, they’re designed to pay out the lowest amount they possibly can.

One way that they do that is to deny the claims that you make.  Sometimes it’s on a technicality, sometimes it’s because you don’t know what your rights are, and sometimes you mess things up all on your own (see our blog on how you can be certain to mess up your settlement).

Let’s dive deeper into how these insurance companies work, and what happens when they’re not completely honest.

Methods Used to Deny Your Car Wreck Claim

Not all insurance companies are sleazy, undermining, or downright despicable.  But none of them are going to willingly give you a huge settlement without pushing back.  Here are some of the ways they will push back.

Asking You to Provide a Statement

Now there’s nothing wrong with them asking you to provide a statement.  In fact, it’s legal and expected that the company that is providing the settlement would want to get your side of the story.  What ends up happening, however, is that they can (and most likely will) use your words against you.

Even if you relay the facts, and nothing but the facts, things can get skewed.  Over time our memories change, shift, and adjust a little bit.  So if you give a statement right away and then later give another statement that doesn’t totally match up, your credibility can be questioned.

Or, suppose you talk with the adjuster and at the beginning of the call they ask what seems like small talk, “How are you today?” and you answer with the answer most people give, “I’m fine.” then it can be interpreted that you don’t have any injuries to speak of.

Seeking Advice from their Own Medical Examiner

It’s not the insurance company’s medical examiner per se, but it’s one that they may have a special relationship with.

It’s fairly common practice to get a second opinion.  When it comes to injuries, especially in motor vehicle accidents and workers comp claims, a second and supposedly unbiased opinion, is sought.  It’s no different for your car wreck claim that an insurance company wants to verify the extent of your injuries before they dole out thousands of dollars.

But here’s the rub.  The Independent Medical Examination (IME) is often chosen by the insurance company.  When you are asked to visit a doctor, one they have an existing relationship with, it’s likely that the “unbiased second opinion” might not be so unbiased after all.

If you’re asked to visit an IME, you need a Texas personal injury attorney right away (that is, if you haven’t called upon Herbert Law Group yet).

Asking to Review Your Medical Records

You have the right to privacy with regards to your medical records.  You don’t have to give permission to your insurance company (or any other company) allowing them to look at your medical history.

Last week I twisted my ankle playing soccer.  It wasn’t bad, not even a sprain, but bad enough that I limped around for a few days and I saw a chiropractor to ensure it was healing properly.  Suppose I was in a car wreck shortly after that, and it smashed up my right leg (same leg as the twisted ankle).  The insurance company could try to use my chiropractor visit to show that this was a pre-existing condition that they didn’t have to cover; even if that wasn’t the case.

Skewing the Language on the Policy

Let’s face it, insurance policies are pretty convoluted.  There’s a lot of jargon in there, they’re really long, and just about nobody reads the entire thing.

Since that’s the case, the insurance company may try to twist the language in the policy, the one you signed off on, because they know you don’t fully understand it.

A classic example is that intentional acts are not covered by most policies.  So they may say they do not plan to cover a crash that was the result of drunk driving with the argument that driving drunk was an intentional act.  This is true, the act of driving drunk was intentional, but the crash and the resulting injuries were not intentional, and that’s what is being settled here.

Flat Out Lying to You

One of the most devious ways that an insurance company will try to get out of paying what they owe is with a flat out lie.

To be fair, this doesn’t happen often as it’s almost always easy to recognize and catch.  And it’s usually a rogue representative and not the company policy that dictates this action.

But there are times when you’re told you will hear back within a certain amount of time, and you don’t.  Follow ups are ignored, you’re pushed aside, or you simply don’t even get the settlement that you were originally offered.

Blatant lies happen, and when they do you need an attorney to help you get the settlement that’s going to help you heal completely.

Let Herbert Law Group Help with Your Car Wreck Claim

When you have a car wreck claim, especially one where you were injured, you need an attorney to help you receive compensation.

Insurance companies are in the business of collecting premiums, not paying out settlements.

In order to let you heal completely, and in order to ensure that all of your needs are taken care of (and not just those that are easy to see) enlist the help of Herbert Law Group in Dallas, Texas.

Getting in touch is easy.  Just call us at 214-414-3808, or fill out the form on our contact page and we will reach out to you soon.

Your Car Accident Attorney Shows How to Overcome Fear after an Accident

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Getting Back on the Road When You’re Healed

A car crash is traumatic, both physically and mentally.

After it’s over, you have a lot to deal with.  You have a vehicle that needs repaired, or replaced.  And you have mental trauma to heal from and perhaps physical trauma as well.  In many cases, physical injuries will heal if you just nurture them a little.  But as for those mental injuries, we tend to ignore them and hope they go away.

If you have been in an accident, your first step is to call Herbert Law Group to ensure that you’re properly compensated for all of your losses (not just the damage to your vehicle).  But then, it’s time to slowly get over the mental trauma that has occurred.

We’ll help you along here.

Ride in a Car with Someone Else

To get comfortable on the road, you have to get back on the road.  But sometimes it’s not as simple as just going for a drive.

Find a friend or family member that you know is a safe driver, and go for a ride with them.  Notice how they navigate, pay attention to how they pay attention.  Learn to be comfortable just being on the road after your car accident.

Take a Short Drive on Your Own

When you are comfortable again, take a little drive of your own.  You don’t have to navigate busy city traffic, or merge onto a crowded interstate.

Cruise around the neighborhood at a slow rate of speed.  Don’t worry about complicated intersections.  Forget about speeding traffic.  Get the feel for the wheel again, and enjoy a casual drive.

Take a Class with a Professional Driver

There are two types of professional drivers: those on the race track and those that teach others to drive.  We’re not talking about whipping around the track at a couple hundred miles per hour here.

Instead, take a class with a pro.  Re-learn the rules of the road; get comfortable with someone who drives for a living.  Ask their advice; find out how they deal with the stress of being around drivers all the time.

Bonus: you can often earn a discount on your insurance rates by taking a driving class as an adult.

Find a Mental Health Expert

If you break a bone, you don’t just walk it off and hope it heals on its own.

If you suffer a heart attack, you wouldn’t just shrug and think, “It will get better eventually.”

Even if you cut your finger you don’t just walk around letting the blood fall where it may.

No, you take care of these things!  You visit a doctor, you adjust your lifestyle, you retrain muscles that need retrained.  But with mental health, we often try to ignore it and hope it heals on its own.  There’s a reason we have doctors that specialize in this field; they can help you heal!

Find a mental health professional.  Talk things out with them.  Discover how you can overcome your fears and anxieties and live a fulfilling life even after a traumatic experience.

Herbert Law Group Your Car Accident Attorney in Dallas

After a car accident, there’s a lot going on.

If you’re injured, there’s even more going on than if just your car is crunched.

With all that stress, you probably aren’t going to be on top of your game when dealing with insurance adjusters.  When offered a settlement that looks like it covers the damage, it’s tempting to accept the offer.  But when problems come up later on, perhaps those therapist visits to help sort out the mental trauma you’re going through, your settlement isn’t nearly enough.

That’s why you need a car accident attorney on your side.

Give us a call at 214-414-3808, or fill out our contact form.  We’ll have a free chat that lets us figure out what the next course of action is.

PTSD Can Result from a Car Accident

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How you can Recognize PTSD after a Wreck

Post Traumatic Stress Disorder, or PTSD, is usually thought of as a psychological effect of war.  After going to battle there are a significant number of soldiers that return with a lot of trauma.  But PTSD doesn’t only happen in war; any traumatic experience can trigger this disorder.

Aside from being in battle, PTSD can be caused by serious accidents (car accidents or something else), assault, abuse, or even traumatic health experiences such as being admitted to the ICU or losing a baby during childbirth.

Today, let’s recognize some of the indicators of PTSD when it comes as the result of a car wreck.  In order to live a fulfilled life, it’s important to get these addressed sooner rather than later.  With the help of your Dallas area car accident attorney, you can focus on healing and not the legal “stuff” of settling an accident claim.

 Signs You May be Suffering PTSD from a Car Accident

Jumping right back into life after a major accident is not normal.  What is normal is taking some time off to regroup, process the accident, and heal any physical injuries that may have occurred.  However, if mental or psychological symptoms persist for weeks, or even months, after the accident (and in some cases continue to get worse) you may be suffering from PTSD.

Frequent Nightmares or Bad Dreams:  After any experience, we tend to dream about it.  Our subconscious is processing through the day’s events, and creating long-term memories.  Traumatic events, however, don’t tend to process well.  We didn’t enjoy the event in the first place, so as our subconscious processes it, the event is brought back to the surface and we awaken struggling, shouting, or otherwise reliving the entire event.

Triggered Flashbacks about the Wreck: A flashback isn’t necessarily a dream.  It’s a sudden remembering of what happened.  These flashbacks can be triggered by noises, sights, or even smells.  If the ride was really bumpy just before the accident, bumps while riding in the car can trigger those memories and conjure up emotions that need processed all over again.

Avoidance Behavior:  Avoiding isn’t necessarily bad, but it must be seen as a sign of a deeper issue.  Avoiding driving, or even riding in a car can be a coping mechanism for those suffering from PTSD.  Avoiding certain music, areas of town, or going to great lengths to avoid any extreme situation is an indicator that more help is needed.

Feelings of Guilt: If you were in a car accident, one where you were clearly not at fault, there is no reason to feel guilty.  But those feelings will creep in.  What if you sped up quicker?  What if you took a different route?  What if you changed lanes sooner?  Guilt can make healing difficult, and when it’s not appropriate guilt, it slows the whole process.

Irritability and Agitation: When we struggle with our emotions they can manifest as anger or irritation.  The anxiety of the accident, the unknown emotions, and the fear of getting back on the road can cause you to be tense, and more irritable with those around you.

When to Seek Help for PTSD

PTSD occurs when these feelings linger for longer than usual.  It’s okay to feel angry.  It’s okay to have the “what if” questions run through your head.  It’s okay to not want to drive for a while.  Nightmares, bad dreams, and flashbacks are going to happen.

But if they start to deter your life, and make everyday activities difficult or impossible, then it’s time to seek serious medical help for PTSD after a car accident.

Getting Help from Herbert Law Group

When you’re in a wreck, your entire life changes.  The healing process is only made harder because many people try to deal with insurance companies on their own.  These companies are not in the business of paying out large settlements, and usually they offer something completely off base.

Herbert Law Group is your Dallas area car accident attorneys.  Our goal is to reduce the stress you’re experiencing, so that you can get back to living life as normal as possible.

If you, or a loved one, have been in an accident, then let’s talk about it and see how we can help you heal.  Simply fill out the contact form, or give us a call at 214-414-3808 for your free consultation.

Are You Ready for Road Trip Season?

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Staying Safe on the Busy Summer Highways

As spring gives way to summer, millions of households across the country hop in their vehicles and head out for destinations near and far.

Sharing the road, however, isn’t without its risks.  More accidents happen in the summer months than in the winter when weather has a more significant impact.  It turns out that more traffic is more dangerous than slick roads because people get comfortable and complacent.

When you’re about to hit the open road (or perhaps when you’re close to the metroplex the crowded road), take a few minutes to read these tips from your Dallas car accident attorney, so that you arrive safe and sound.

Double Check Your Vehicle

You’re all set.  Your bags are packed, you’re properly snacked, and the kids are ready to watch Mars Attacks.

But did you give your vehicle the once over?  Are the belts tight, fluids topped, and AC working?  If you don’t want to get halfway to your destination only to get stranded, here are a few points on your vehicle to double check the morning of, or the night before, the big trip.

  • Headlights, brake lights, and turn signals
  • Motor oil level
  • Peek underneath the rig to ensure no leaks
  • Wiper blades
  • Tire pressure

When all is set, you know that you’re all set to have a safe and pleasant trip.

Make Sure You’re Ready for Emergencies

The unexpected can pop up at any moment.  That’s why it’s unexpected… just like most emergencies and car accidents.  You can prepare for them, just make sure that you have your emergency kits all ready to go.  A few essentials include:

  • Jumper cables (for you or a fellow traveler)
  • First aid kit
  • Extra water
  • Cell phone charger (bonus points if it’s solar powered)
  • Tire iron and jack
  • Flashlight (with fresh batteries)
  • Energy bars (you might be in the ditch for a while before help arrives)

You can always throw in a blank or towels in case you’re heading through a particularly cool area.  Even if you never need it for emergencies, it’s always nice to have when stopping for a picnic.

Make Sure You’re Rested

Get plenty of rest.  Sure it’s tempting to leave road trip prep to the last minute, but you want to be well rested on your voyage so that you aren’t the cause of any accidents.

Why?  Because driving while drowsy is almost the same as driving while intoxicated.   Pull over if you feel fatigued.  Get some coffee.  Do some jumping jacks and help entertain other motorists that see that weirdo doing jumping jacks on the side of the road.

Secure Possessions, Pets, and People

All set.  You’re rested.  Emergency kit locked and loaded.  Vehicle is prepped.  You’re ready to hit the road.

Almost.  Studies show that kids and pets can be just as distracting as a cell phone.  So make sure to put them on airplane mode before you take off on your road trip.

Space the kids out if possible; physical distance prevents fighting.  Get their entertainment ready.  Snacks, books, music, and water all within arm’s reach so they keep their focus away from you.

Pets can get a little anxious in the vehicle.  Invest in a travel crate, and check with your vet about anxiety meds for traveling.

Loading your vehicle right isn’t just about comfort.  Make sure you can see clearly out the back window, and secure everything possible.  If you’re in a wreck, you want things to stay put, not to become projectiles that fly throughout the cab causing more harm.

Discuss Your Car Accident with a Dallas Car Accident Attorney

Even when you’ve done everything right, there’s still that yahoo out there that didn’t.  And a lot of people suffer injury or death because of someone else’s negligence.

If you’re on a road trip in the state of Texas or Oklahoma, and you’re involved in a wreck, then you need the car accident experts at Herbert & Eberstein.

Getting a great car accident attorney on your side means you can focus on getting your life back on track, and not focus on dealing with those pesky insurance companies.

If you have already been in a wreck, hit up the contact page, or simply call 1-214-414-3808, and let’s start your free consultation to see how we can help.

Mechanical Problems May Lead to Car Crash

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Texas Car Accident Attorney Explains How You May Be Liable

Most car crashes are due to negligence.  Even if we try to blame the weather, it’s negligent usage because the driver was going too fast for those unsafe conditions.

But there are times when the cause of the crash can be squarely blamed on some mechanical failure.

These mechanical problems are sometimes due to faulty components; pieces or parts that should have been recalled because they don’t work properly.  But often, the mechanical failure that causes a car crash is straight up due to deferred maintenance on the vehicle.

Putting off that trip to the mechanic because you don’t want to spend the money right now… well, it could lead to a bunch of issues and serious injuries.

Failure to Maintain the Engine can Lead to a Car Crash

One of the most basic maintenance requirements on a vehicle is regular oil changes.

What happens when you don’t change the oil?  At first, the oil (designed to lubricate the engine components) won’t lubricate as well and the engine will start getting a lot hotter.

Eventually, the entire engine can come to a grinding halt; quite literally.

If you happen to be on the highway when this happens, your vehicle is going to basically shut off.  If you can’t get to the shoulder, you’re likely to get hit.

Failure to Maintain Steering Components can Lead to a Car Crash

Modern vehicles have power steering.  This technology, which you don’t even realize is there until you try to steer without it, makes it so you can quickly change the direction of your car or truck.

If you don’t maintain it, your power steering can give out.

Without power steering, if you’re going into a turn or trying to quickly evade hitting something or someone, you have to really wrench on the steering wheel to make it move.  There’s a good chance you won’t be able to turn it fast enough to avoid a collision.

Failure to Maintain Wheels and Tires can Lead to a Car Crash

Where the rubber meets the road, your tires and wheels take a lot of stress.

Just think of how much grip and pressure are put on them when you’re whipping through those roundabouts at double or triple the suggested speed.

If your tires are getting old, worn, or otherwise not seated properly, they can fail when you put them under the most stress: on the highway or through tight turns.

Don’t cause an accident because you’re putting off updating your tires.

Failure to Maintain Electrical System can Lead to a Car Crash

They certainly don’t build them like they used to.

And that’s a good thing too!  Even just a couple of decades ago vehicles weren’t nearly as safe as they are now.  Of course, a lot of that safety is because of computer and electrical advancements in the vehicle.

There isn’t a whole lot that you can do to maintain the electrical components; you need specialized tools to do anything with the computer system.  But simple things, like brake lights and turn signals, can help keep you safe on the road, and avoid an unnecessary car crash.

Call Your Texas Car Crash Attorney for Help

Even properly maintained vehicles can fail.

Sometimes, you have just had your vehicle serviced, and the service work was done wrong.

Sometimes, you are driving safely, and you’re injured by an unsafe driver on the road.

If you have been in a car crash, and you have been injured, then you need the help of a car crash attorney to help get you the compensation you need to fully restore your quality of life.

Get in touch with Herbert & Eberstein and let’s see how we can help you heal.  Call us at 214-414-3808, or fill out the contact form so we can get your free consultation started.

The Surprising Rise in Fatal Accidents for 2020

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Traffic Numbers Went Down; Fatal Accidents Went Up

In March 2020 the nation came to a grinding halt.  As COVID-19 swept through the nation, stay-at-home orders were issued, shelter-in-place commands went into effect, and millions of people got off of the nation’s highways and roadways.  A significant drop in traffic, some areas saw a decline of 60% or more, lead to fewer accidents and fewer fatal accidents.

At least, that’s what happened at first.

But as motorists saw those wide open roadways, many of them saw it as an invitation to open the throttle all the way.  With fewer obstacles, others saw it as an invitation to take risks they otherwise would not have taken: driving under the influence of drugs or alcohol.

How do those numbers break down?  Herbert & Eberstein, your auto accident attorneys in Dallas, Texas take a look.

A Rise in the Number of Fatal Accidents

In order to fully understand how significant the increase of fatal auto accidents is, we have to look at three different hard numbers.  How many deaths were there, how big of an increase is this from last year, and overall how large is this number historically?

  • In 2019 fatal accidents on our roadways resulted in 36,096 lives lost.
  • In 2020 fatal accidents on our roadways resulted in 42,060 lives lost.

That jump of nearly 8,000 deaths is the first increase in number of fatal accidents in over 4 years, and it is the largest number of annual deaths since 2007.  If you remember from our previous post about the rise in fatal motorcycle accidents, this correlates to about the time when smart phones were getting popular and people had their noses buried in a screen instead of watching the road.

Not only was there a sharp increase in deaths, it was also the largest fatal accident year in over a decade.

A Rise in the Number of Fatal Accidents per Mile Driven

But there’s another significant number we should look at.  Deaths per 100 million miles driven increased 24% between 2019 and 2020.  Since the NHTSA started collecting data in 1923 this increase represents the largest increase ever recorded.

Fewer miles driven, with more deadly accidents, means that it was more dangerous than ever to drive last year.

A Rise in the Number of Risks as Traffic Returns to Normal

To compound the problem, the end of 2020 and the beginning of 2021 aren’t looking much better.  The country is opening up, many more people are back on the roads.  But those habits that some learned when traffic was diminished are hard to shake.

Third party traffic data analysts are reporting that increased speeds, especially in the morning and evening rush hour commutes, is higher than in previous years.  Even in areas where the traffic patterns have largely returned to what they were pre-COVID.

Herbert & Eberstein: Auto Accident Attorneys in Dallas

In early March 2020, Texas’ mask mandate was lifted and the vast majority of businesses went back to operations as normal.

Without restrictions, you have probably seen far more vehicles on the road during your commute than a year ago, or even through the summer of 2020.

Based on the data outlined above, you’re more likely to be involved in a fatal accident, and even in an accident that results in property damage and injury if no lives are lost.

If you have been hit, you need the best auto accident attorneys in Dallas and the surrounding area.  You need Herbert & Eberstein.

Let’s get things started with a conversation.  Fill out the contact form, or give us a call at 214-414-3808 and we’ll figure out the best way to help you heal.

A Clean Car is Less Likely to be in a Car Accident

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How Cleaning Your Vehicle Keeps You Safer

Statistically speaking, you are going to get in a car accident every 18 years.

Obviously we know those people out there that seem to be wrecking a whole lot more than others, so they pulling that number in line for those that can go decades without getting in an accident.

In order to stay safe and prevent being involved in a costly or deadly car accident, maintaining your vehicle is imperative.  We know that worn tires cause crashes, and deferred maintenance can lead to a breakdown, but did you know that keeping your car clean and in good appearance can help prevent a car accident too?

Wash Your Car Regularly

Regularly washing your vehicle prevents the buildup of dirt and grime.  While the body of the vehicle isn’t the important issue, keeping those windows clean and headlights clear is what we are after.

Have you ever tried to drive in the morning or evening, just as the sun is coming up or setting?  That low angle sunlight coming through dirty, smudged, or otherwise less-than-clean windows makes it near impossible to see!

Keep your vehicle looking great, and free of too much dirt with regular washings, so you can avoid a disaster.

Wax and Buff it Out

Protecting your paint job isn’t exactly going to keep you safer.  But it will help prevent dirt and grime from building up.

Waxing your car a couple of times each year will ensure that you’re taking pride in your vehicle.  When you’re proud of what you drive, you tend to drive in a safer manner.  A stretch to prevent a car accident?  Perhaps, but giving it a good buff isn’t going to hurt.

Vacuum and Clean the Insides

Interior cleanliness is less about impaired vision (unless your car is so piled with “stuff” that you can’t see out the windows), and more about fewer distractions.

Garbage and other items rolling around inside your car are distracting.  If they get under your foot and in the way of the pedals, well, they can become downright hazardous.

Vacuuming out the interior of the vehicle and getting rid of that clutter is going to eliminate distractions, and make you feel better as you drive.  When you can give your entire focus to the road, then you’ll have a safer trip.

Ensuring Interior Protection

As long as we’re vacuuming, let’s make sure to protect the inside of the car too.

Cleaning the streaks from the insides of the windows helps you see better; while protecting the dashboard will ensure that it’s going to last as long as you own the vehicle.

Will either of these stave off a car accident?  Probably not, but if we’re going to be driving a clean vehicle, let’s really drive a clean vehicle.  It’s not going to hurt to get it just a little cleaner (unless you use the wrong product; there’s a lot of misinformation out there about using olive oil to protect your dashboard).

Avoid Parking Disasters

Finally, prevention goes a long way to keeping your vehicle clean.

As we head into summer, it’s tempting to look for that nice shady spot to park your rig in, and under a tree is perfect… right?

Well, it can be.  Unless birds are hanging out in that tree splattering your vehicle with their you-know-what.  Take a couple extra seconds to assess whether the shade is worth the cool car, because coming out to a dropping covered vehicle is less than ideal.

Herbert &Eberstein are Your Car Accident Attorneys in Dallas

Even keeping your vehicle in pristine condition isn’t a guarantee against a car accident.

We can only do so much to make sure that we’re protecting ourselves.  Ultimately, if another motorist is negligent, it’s a matter of time before an innocent victim is hit.

If you, or a loved one, have been hurt or killed in a car accident, we need to talk about it!  Insurance company’s often don’t have your back on this; but we do.

Fill out the contact form, or give us a call at 214-414-3808 and let’s see how we can help with your injury claim.

Who is Liable in a Car Accident on Slick Roads?

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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.

Brian Eberstein Talks About Why You Need To Check Your Insurance Coverage

Brian Eberstein

WE HATE PAYING FOR INSURANCE TOO!

But, there is a type of insurance that, today, is almost a must for you and me to have. First, If I asked you how many people in Texas are driving around without any insurance, what would you say? How about two million! That crazy number is about people who are drivers in Texas who have zero insurance on their car. So, when you are driving in your own neighborhood or on I30 or Loop 12 or Belt Line Road or I20 or anywhere in the Dallas/Ft Worth area, every 3rd or 4th car driving next to you and not paying attention because they’re on their cell phone has NO insurance. When they finally veer into your lane of traffic and destroy your car and injure you, there’s no one to pay for the car or your medical bills. Now, getting back to insurance, which we don’t like paying for, there is this: You must protect yourself and your family with Uninsured Motorist insurance. And, Texas law requires it in all automobile policies.

Yes, Texas law requires it. Unless you, the person buying the insurance, reject it. Please read this: your insurance agent will put several documents in front of you when you’re buying your car insurance. One of those will be a reject form for Uninsured Motorist coverage. Don’t sign it. It is not expensive insurance to buy and it is, in my opinion, a must for you to have to protect yourself and your family. A must. Please get Uninsured Motorist insurance. Many people don’t and most are unaware that they rejected it. I hear “ I have full coverage “ all the time, but without Uninsured Motorist insurance, you may have protected the other guy in a crash, but not you or your family. If you want to discuss how this works in more detail, call me. You’ll get me and we can discuss. Here’s a good number. 800-448-6487. I answer that phone. If I can help with anything else that’s on your mind, give me a call.

-Brian Eberstein

Your Legal Rights After Colliding with a Deer

car crash attorney texas deer collision

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.