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

Brian Eberstein


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

How Each of Us Can Help Prevent School Bus Accidents

How we can help prevent school bus accidents

School buses are the safest form of transportation for school-aged children. Unfortunately, school bus accidents still happen. Here’s what you can do to help keep children safe.

School buses provide an incredibly valuable service to families all across the United States. They arrive on schedule every day to safely transport parents’ most precious cargo to and from school and other school-related functions. We often take the safety of these buses for granted, and a recent increase in school bus accidents has caused many parents to think twice about putting their children on them.

In general, school bus accidents are a relatively rare occurrence. Yet, last year we saw a cluster of school bus-related accidents that occurred due to distracted drivers. “When it comes to the safety of children, we all have a responsibility to do our part in preventing these types of accidents from occurring,” says Dallas personal injury lawyer, Attorney Zach Herbert.

School Bus Accident Statistics

According to the National Highway Traffic Safety Association, school buses are among the safest vehicles on the road.  In fact, a child is more likely to be involved in an accident while being transported by a parent or walking to school. Recent school bus accident statistics support both of these claims.

In a report covering the ten year period from 2006 to 2015, there were 1,172 fatal accidents that were related to school buses. This number represents not even half a percentage point of all fatal accidents that occurred during the same time period. Of these, the overwhelming majority happened when the child was outside of the school bus, including waiting at the bus stop or crossing the road. (1)

What we can gather from this information is that the biggest threat to children boarding, exiting or traveling on school buses is the other drivers on the road. This scenario is exactly what happened in a series of accidents that occurred in late 2018. The accidents that occurred in Indiana, Mississippi, Pennsylvania and Florida resulted in five fatalities and seven injuries at the hands of distracted drivers who failed to slow down and stop at school bus stops.

Unfortunately, there were also several school bus crashes last year that resulted in injuries and fatalities- including one that occurred in North Texas last October in which one fatality and three injuries were reported.

A single school bus-related accident is one too many. Here is what you can do to help keep our communities and roadways a safer place for our children and the hardworking school bus drivers who are in charge of transporting them safely every day.

Tips for School Bus Safety

When it comes to accidents that occur at school bus stops, there’s only so much that the bus driver can do to keep children safe. On the roadways, school buses should be given extra attention from other drivers traveling on the same road. Here are a few tips for doing your part to promote school bus safety.

  • If a school bus is in front of you, be prepared to stop. When a school bus approaches one of its stops, the driver will flash either yellow or red lights and extend an arm with a stop sign attached. Legally, your vehicle must stop at this point and wait for the bus to indicate it’s safe to resume travel, which is done by turning off the stop lights and lowering its arm.
  • When braking, make sure you allow enough space between your vehicle and the bus for children to safely cross the road and enter or exit their bus.
  • If you see children waiting at a bus stop, proceed with extreme caution. Children have less impulse control and often aren’t fully aware of the consequences of their actions. What’s common horseplay for them could turn into a tragic accident if a car comes along too quickly.
  • Never block a crosswalk or attempt to pass another vehicle that’s stopped for pedestrians.
  • If you’re traveling behind a school bus, allow yourself extra stopping distance.

Reach Out to a Personal Injury Attorney in Dallas

If you or someone you love has been involved in a school bus accident, please reach out to a personal injury attorney in Dallas to review your case. An experienced personal injury attorney at Herbert & Eberstein in Richardson can represent you through the process of filing a personal injury claim. The devastation of the accident was enough, there’s no reason to not seek the compensation you and your family deserve.


Media Contact:

Dallas Personal Injury Attorney Zach Herbert

(T): 214-414-3808




Top Reasons to Seek Medical Care After a Minor Automobile Accident

Top reasons to seek medical care after a minor automobile accident.

If you’ve been involved in an automobile accident, it’s absolutely crucial that you receive medical attention, even if the accident was minor. Here are some reasons according to Dallas car wreck lawyer Attorney Zach Herbert.

When a serious automobile accident occurs, emergency responders are often quick to arrive on the scene. These responders include paramedics who can provide a preliminary medical assessment to everyone involved. This situation isn’t always the case in minor accidents where the only emergency responder to arrive on the scene is a police officer who is there only to take a report.

Just because a car wreck itself wasn’t serious doesn’t mean that the people involved didn’t sustain some degree of injury. Neglecting to seek medical attention after an accident, no matter how minor, may be a decision that you’ll ultimately regret.

Why You Might Not Notice a Car Accident Injury

When a collision occurs, it happens in the blink of an eye. Protective safety equipment such as seat belts and airbags can minimize the injuries sustained during impact. Still, it’s important to realize that minor car accident injuries do occur, even in low impact collisions where everyone involved may appear to feel just fine.

We all know that there is a tremendous difference between a minor, low-speed collision and a devastating high impact crash. When a person has been involved in a relatively minor accident, they may take a moment to realize how lucky they are and decide they’re fortunate enough to not need medical attention.

While it’s true that many minor accidents could have been much worse, this doesn’t mean the driver and any passengers haven’t sustained an injury — even if the injuries are not yet apparent. Combine this with the flurry of activity surrounding an accident and it becomes easy to see why people get distracted and forget to make their own wellbeing a top priority.

Reasons You Need Medical Attention After a Car Accident

Anyone who has ever been involved in a car accident, regardless of how minor, knows all too well how disorienting the experience can be for someone. Your levels of stress and adrenaline are at an all-time high and all you really want is to go somewhere else, calm down and try to regain a sense of normal. While it’s tempting to not seek medical attention after a car accident, it’s incredibly important that you do.

Here are a few reasons why.

All other things aside, your health and wellbeing should be your top priority. Symptoms of injuries aren’t always immediately evident, especially after a minor collision. It’s possible for the rush of adrenaline you’re experiencing to block some of the initial physical pain of an injury. Soft tissue damage and internal bruising or bleeding can take hours or even days before signs of an injury become obvious.

By not seeking medical attention immediately, you risk causing further damage that could have been prevented by a quick medical assessment after your accident. The pain of back injuries and whiplash can escalate quickly and become potentially life-threatening injuries that when left undiagnosed can pose a serious threat to your health, resulting in hospitalization and additional time in recovery.

There are also practical reasons that you’ll want to seek attention immediately after an accident. For starters, the insurance company is going to want a copy of your medical records if you hope to receive any financial reimbursement for medical expenses and time off work to recover. Additionally, if you’re considering filing a personal injury claim, not seeking immediate medical care can significantly jeopardize your ability to receive fair compensation.

Reach Out to a Personal Injury Attorney in Dallas

If you’ve been in an automobile accident, your very first priority should be to seek medical attention, even if you feel perfectly fine. There will be plenty of time to take care of your vehicle and deal with insurance companies but your health can’t wait. If you believe that you may be entitled to financial damages, a personal injury attorney in Dallas at Herbert & Eberstein can review your case and help you recover the financial compensation you deserve. Call Attorney Zach Herbert in Richardson today at 214-414-3808.


Media Contact:

Attorney Zach Herbert

(T): 214-414-3808

How To Deal With Insurance Adjusters After Truck Accident

How To Deal With Insurance Adjusters After Truck Accident

Insurance adjusters negotiate to limit liability on behalf of the insurance company.  They get paid by the insurance company to ensure that the insurance company pays as little as possible.  Often this means that they are the initial point of contact someone that has been injured in a truck accident has with the insurance company.  The insurance adjuster starts off knowing a few key things more than you. He or she knows what your case is approximately worth in dollars. They have access to comparables and lots of industry information regarding how much they are potentially liable for.  To the insurance adjuster, you are a number. You are a number that they are paid to beat. It is not a matter of just making a low offer. The insurance industry is based on risk and limiting liability. In order to be profitable, the insurance company has an interest in getting the lowest possible settlement. That is why strong representation is needed from the outset.

One way that insurance adjusters try to limit liability is they try to get you to say things that will only benefit the insurance company or damage your case.  “How are you?” The natural response is “fine” or “good.” It is so basic to respond this way that people learning English for the first time are taught the question and response as a greeting and a script.  However, one must always remember who the insurance adjuster works for. How does that play out to a jury? “Didn’t you tell Mr. Adjuster that you were fine?!?” This may seem absurd, but this example is not far from the truth and is illustrative of the fact that the insurance adjuster is not your friend.  Insurance adjusters may also ask questions about the accident itself. These are not innocent fact-finding questions. Their whole job is to limit the amount of money that the insurance company pays out. Inconsistencies in testimony or possible defenses, even if manufactured by the insurance adjuster, are just one strategy that the insurance company uses to limit liability in truck accident cases.

Insurance adjusters also have been given a certain amount of settlement authority.  This means that the insurance company already has a pretty good idea of how much a case like yours is worth.  Armed with this information they pay insurance adjusters a good amount of money to attempt to settle your claim well below the actual value of the case.  This means money and profits for the insurance company. These experienced adjusters armed with data and experience are playing at a distinct advantage on an uneven playing field.  Insurance companies authorize insurance adjusters to settle cases with an eye towards beating the value of your claim. Unfortunately, this means the possibility of being victimized a second time by a system that is very much set up in favor of the insurance company.

The best way to deal with an insurance adjuster is to hire an experienced Dallas truck wreck lawyer like attorney Herbert that is capable of beating the insurance company at their own game.  The insurance adjuster must be dealt with during the process of settlement negotiations, but such interactions shouldn’t be done on the insurance companies terms. You should have the best representation possible. You deserve someone that will speak with the insurance company for you and prevent you from being preyed upon.

If you have been injured in a truck accident, the insurance company is sure to have insurance adjusters working for them to limit liability in any way possible. The Herbert & Eberstein stands ready to provide you the experienced representation you need to even the playing field. Dallas attorney Zach Herbert and his team will guide you through every step of the litigation process with honesty, honor, and communication in order to ensure that you get the settlement you deserve.  Call Herbert & Eberstein in Dallas to schedule your free consultation today.


Media Contact:

Attorney Zach Herbert

(T): 214-414-3808

Dallas Personal Injury Attorney Explains Uber Accidents

Dallas Personal Injury Attorney Explains Uber Accidents

Rideshare options have become popular, but what happens if you find yourself involved in a Lyft or Uber accident? Herbert & Eberstein offers some advice.

Rideshare platforms, like Uber and Lyft, have become incredibly popular in recent years. Uber, which was founded in 2009, now makes 15 million trips every day in over 600 cities worldwide.  With so many people taking advantage of the benefits of rideshare platforms, it’s important to understand what happens if you’re unfortunately involved in a Lyft or Uber accident. If you are injured in a Lyft or Uber accident, you may be entitled to damages and should discuss your case with an experienced personal injury lawyer like attorney Zach Herbert at Herbert & Eberstein.

Accidents and Rideshare Liability

When considering the big picture, the popularity of rideshare platforms is only about a decade or so old, which means that there are still some grey areas considering legislation and insurance regulations for rideshare contractors. This naturally opens the discussion about how to handle accidents and rideshare liability.

Most rideshare companies require their drivers to obtain and provide proof of a special rideshare insurance policy. Uber and Lyft provide a certain degree of coverage, but the amount and type of coverage are contingent upon specific details. A rideshare driver who hasn’t acquired an additional insurance policy may not be fully covered in the event of an accident.

This brings up the question of liability in regard to personal injury for passengers who are involved in an Uber or Lyft accident. This is where things can start to get tricky.

How to Respond in an Uber or Lyft Accident

When you use a rideshare program, you’re putting your trust completely in the driver. These services do their best to ensure that their drivers are safe, but this doesn’t eliminate the risks for passengers. Even when a rideshare driver takes every precaution for safety, there’s still a risk presented by other drivers on the road. While these services are generally safe, it’s important to be prepared and to know how to respond in an Uber or Lyft accident.

Anytime that you’re involved in a car accident, the first priority should always be to seek emergency assistance – no matter how minor the accident may seem. Police need to be notified so that an accident report can be filed, but more important than that is that emergency medical responders arrive to assess the health of everyone involved.

It’s important to get a medical examination following an accident, even if you don’t feel that you’ve sustained any injuries. It often happens that injuries can take a day or two to manifest physical symptoms, and turning down a medical examination can work against you in a personal injury case.

If you are physically able to do so, you should gather as much information about the accident that you can at the scene. This process might include taking a few snapshots of the scene with your phone, getting the contact and insurance information of the driver and asking where you can obtain an official copy of the accident report.

Additionally, while the driver has a responsibility to contact the service that they work for and report the accident, you should also make contact with the service as soon as you are able to. Doing so provides them with your own account of the accident and to have their representative answer your questions.

The Final Step Is to Contact a Dallas Personal Injury Attorney

While you should make contact with the rideshare company, it’s important to speak to a Dallas Personal Injury Attorney to discuss how to handle your Lyft or Uber accident. You want to use caution in answering any questions relating to your injuries or medical care with the rideshare provider and you should never accept or deny a claim without the assistance of an experienced attorney. If you are entitled to damages in a rideshare accident, a personal injury attorney can help ensure the very best outcome for your case. Call the attorneys at Herbert & Eberstein in Dallas today to discuss your case.


Media Contact:

Attorney Zach Herbert

Phone: 214-414-3808



Highway Hypnosis Can Cause Truck Accidents

Highway Hypnosis Can Cause Truck Accidents

Most people think of hypnosis as something that happens on a stage and involves a magician swinging a pocket watch back and forth in front of another person’s face. However, there is another type of hypnosis that probably just about everyone has experienced.

Highway hypnosis occurs when a motorist zones out behind the wheel. Highway hypnosis is also sometimes referred to as “white line fever” after the white painted lines on the road. When a person drives for long distances on the highway with little or no stopping or stimulation, they can lapse into a relaxed state that is similar to sleeping.

Although anyone can experience highway hypnosis, it’s more common among truck drivers, who spend hours at a time behind the wheel and often drive long routes with repetitive scenery. If you’ve been injured in a truck wreck in Texas, the best thing you can do is speak with a Dallas personal injury lawyer like Attorney Zach Herbert of Herbert & Eberstein, as soon as possible.

How Does Highway Hypnosis Happen?

According to experts, anyone can fall into something of a hypnotized state when they are very relaxed. For example, a train engineer reported feeling like he was in a daze prior to a fatal train derailment in New York City.

Sean Meehan, a professor of kinesiology at the University of Michigan, stated. “When we’re tired, effectively there’s a change in the state of our brain that results in that information just not getting to those centers where we actively, consciously process it.”

This change in state is why some people can even become hypnotized while reading. If you have ever read the same paragraph over and over again because you’re simply not absorbing the text, it’s possible you were experiencing a mild form of hypnotism.

When people experience highway hypnosis, however, they don’t have the benefit of just snapping out of it and safely rereading a page they overlooked. When you’re behind the wheel, highway hypnosis can lead to a serious car accident. A driver who is zoned out has a slower reaction time, and they may not even realize they’re in danger until the accident is in progress.

Highway hypnosis falls under the general umbrella of “drowsy driving.” According to data from the National Highway Traffic Safety Administration (NHTSA), there are over 100,000 drowsy driving car accidents every year, with over 1,500 of those accidents causing a fatality.

Tips for Avoiding Highway Hypnosis

Truck drivers operate huge vehicles that can weigh up to 80,000 pounds. With a vehicle this massive, it’s incredibly important for truckers to stay alert behind the wheel.

Highway hypnosis can cause a truck driver to space out and cause a catastrophic accident, which is why it’s important for semi-truck drivers to do everything they can to avoid driving drowsy. These tips are also useful for any motorist who drives long distances or boring routes that can lead to highway hypnosis.

Keep Temperatures Cool

Many people get sleepy when they’re warm, and there are a couple of different reasons for this. When you’re too warm, you can actually become dehydrated, which can make you feel tired. This reason is why it’s important for truckers to drink plenty of water.

Being warm also causes your blood pressure to drop, which makes you feel groggy. Warm temperatures also coax many people into feeling cozy and comforted, which is great if you’re trying to sleep but a serious safety hazard when you’re driving a semi-truck.

Take Frequent Breaks

Truck drivers are required to take certain breaks under federal law. However, they should also change up their routine by making stops for quick rest breaks as they drive.

Even if it’s just a few minutes of brisk walking or some light stretching, getting out of the truck and getting your blood flowing can help reduce the drowsiness that comes with driving for too many hours in a row on the highway.

Listen to Music or Talk Radio

Many truckers enjoy listening to music or the radio as they drive. With satellite radio, there are more options than ever for listening to interesting programs and talk radio. You can even download audio books or podcast so you can listen to something interesting or entertaining as you drive.

In some cases, however, music can lull you into drowsiness. If you find this happening, it’s a good idea to switch up your favorite station and try listening to something new or outside your regular interests. This shift can help keep your mind engaged, which will increase blood flow to the brain and stop you from feeling tired.

Avoid Heavy Meals Before Driving

There’s a good reason why many people feel so tired after Thanksgiving and similar gatherings. The body must work overtime to digest a large meal, which can make people feel sleepy.

To stop drowsiness behind the wheel, truckers should avoid heavy, carb-based meals like pasta before they get on the road. Instead, opt for healthier options like salads and fresh fruit. It’s not always easy to find fresh food choices on the road, which is why many truckers pack a cooler with fruit, salad, and healthy menu items before they leave home.

Help for Those Injured in Truck Accidents

If you have been injured in a truck accident, it’s in your best interest to discuss your case with an experienced Dallas truck wreck lawyer.  Call the personal injury law firm of Herbert & Eberstein in Richardson, TX today, and schedule a time to review your case with our compassionate team.


Media Contact:

Attorney Zach Herbert

(T): 214-414-3808




Insurance 101 – Stowers Demand and What It Means for Car Accidents

Insurance 101 – Stowers Demand and What It Means for Car Accidents

Learn the amazing story behind a Stowers Demand, and its impact on insurance companies and victims of car accidents.

Insurance companies have a duty to act in their policy holders’ best interest.  They have a duty to accept reasonable settlement offers on behalf of the policy holder within policy limits where doing so would be in the policy holder’s best interest.  This responsibility is due to the unique nature of the contractual agency relationship between an insurance company and the policy holder. Within the insurance contract, insurance companies reserve right to defend any suit for damages on behalf of the policy holder.  Also, the policy holder may not admit liability or settle any case without the consent of the insurance company. Courts have found that insurance companies owe a duty of care and diligence to those that they insure. They are to act as “a man of ordinary care and prudence would exercise in the management of his own business.” But, it wasn’t always this way.

Mamie Bichon, Stowers, and American Indemnity Company

On January 23, 1920 at about 7:00 p.m., an G. A. Stowers Furniture Company (Stowers) delivery driver was traveling down Austin Street in Houston, TX when the truck collided with a wagon on the side of the road.  The crash made the delivery truck inoperable. The delivery driver did not stay by the truck or light up the area to warn oncoming traffic. Mamie was a drug store employee who had just ended her shift when she got into a Ford Coupe headed down the same street the Stowers delivery truck was stopped on.  Unable to see the delivery truck, her vehicle collided with the unlit and unmarked Stowers delivery vehicle and flipped. As a result, Mamie was severely injured.

Stowers had an insurance policy in the amount of $5,000 with American Indemnity Company.  The insurance company had the contractual right to defend any suit on behalf of Stowers for damages or loss; and, prevented Stowers from admitting liability or settling any suit without permission from the insurance company.

Prior to trial, Mamie offered to settle for an amount of $4,000, well below the policy limits of $5,000.  The insurance company refused to settle for anything less than $2,500. The case ended up in court where a jury awarded $12,207 in damages.  With interest, court costs, and fees tacked on, Stowers furniture ended up paying Mamie Bichon $14,107.15.

American Indemnity Company admitted that the offer to settle the case for $4,000 by Mamie was a good one and that it should have settled on behalf of Stowers.  American Indemnity Company’s position was that it had satisfied its contractual obligations to pay the limits of the policy and that it had no duty to settle the case, regardless of whether it was in their policy holders’ best interest.  They also stated that they had the contractual right to defend any suit on behalf of the policy holder, Stowers, regardless of whether or not settling would be to the benefit of the policy holder. Their position put Stowers at considerable risk and ultimately cost them an extra $10,000.  As a result, Stowers filed a claim against American Indemnity Company for the excess judgment.

The court found that the insurance company owed a duty of care and diligence to the insured to act as “a man of ordinary care and prudence would exercise in the management of his own business.” Mamie Bichon’s case was very significant at the time and permanently altered the relationship between insurance companies and their policy holders in Texas.  It continues to be significant today.

Stowers Demands In Practice

A Stowers demand is an agreement by the plaintiff in a lawsuit to settle a case within policy limits.  In practice, this can be less than actual damages. There are a variety of reasons that plaintiffs can offer to settle cases within policy limits rather than going to trial and seeking the full extent of possible damages.  Often, a defendant will not have money to pay a claim outside the insurance policy and seeking more money that does not exist is an effort in futility. Additionally, an insurance company ignores a Stowers demand at their own risk.  If they fail to settle within policy limits, then the insurance company is potentially liable for the full amount of damages adjudged at trial.

A Stowers demand requires that “(1) the claim against the insured is within the scope of coverage, (2) the demand is within the policy limits, and (3) the terms of the demand are such that an ordinarily prudent insurer would accept it, considering the likelihood and degree of the insured’s potential exposure to an excess judgement.”  The claim must be covered by the insurance company, the demand must be within policy limits, and the duty to settle is triggered when it is reasonable that the insured could owe more than the insurance policy limits at trial.

Cases involving personal injury can be complicated.  It is not enough to establish who was at fault, damages must also be proved and are subject to a jury determination.  There are times in which you legitimately may be injured more than what the defendant can pay. A Stowers demand is something that should be carefully considered with your personal injury lawyer in the process of negotiation and litigation.  Personal injury attorney Zach Herbert, has the necessary skill and experience to assist you in every stage of litigation to get you the best results possible. Call the personal injury law firm of Herbert & Eberstein in Dallas today to discuss your case.


Media Contact:

Attorney Zach Herbert

(T): 214-414-3808


  1. G. A. Stowers Furniture Company v. American Indemnity Co., 15 S.W.2d 544, 548 (Tex. App. 1929).
  2. G. A. Stowers Furniture Company v. American Indemnity Co., 15 S.W.2d 544, 545-546 (Tex. App. 1929).
  3. Mid-Continent Insurance Co. v. Liberty Mut. Ins. Co., 236 S.W.3d 765, 776 (2007).

Pedestrian Accidents Are On the Rise, Are You At Risk?

Pedestrian Accidents Are On the Rise, Are You At Risk?

Fatalities from pedestrian accidents have been on the rise. Here is what you need to know to stay safe as a pedestrian on the roadways.

We often hear about the dangers of automobiles and most of us are well aware of ways to help ensure we stay safe on the road. Recent years have brought an increase in awareness of roadway safety, especially with the rise of campaigns that promote the dangers of texting while driving. Overall, the increase in awareness has been a good thing, as fatalities from automobile accidents have decreased. However, on the other side of this is a disturbing trend in the rate of fatalities from pedestrian accidents.

If you or a loved one has been involved in a pedestrian accident in Texas, you should discuss your case with an experienced Dallas personal injury lawyer like Attorney Zach Herbert of Herbert & Eberstein.

What’s Behind the Rise in Pedestrian Death Rates?

According to data from the National Highway Traffic Safety Association, the rate of pedestrian deaths has been on the rise over the last decade and a half, despite that fact that fatalities in automobile accidents have decreased.  During this same time period, vehicular safety technology designed to protect pedestrian traffic has advanced, leaving us with the burning question of what’s really behind the rise in pedestrian death rates?

There are multiple theories on this. Some say that despite campaigns by local law enforcement, drivers are still too distracted by their phones. They might maintain an awareness of other vehicular traffic but aren’t focused enough to react appropriately to pedestrian traffic. However, this is just one theory in a puzzle where none of the pieces really seem to fit.

For instance, there is another area of thought that claims SUVs are to blame for the increase in pedestrian accidents. The theory being that the driver of an SUV is elevated so far off the ground that it can be difficult for them to spot pedestrian traffic, especially children, in time to respond appropriately. Likewise, their size makes it more difficult for them to stop abruptly when needed.

These theories only begin to tap the surface of safety concerns for pedestrians. For instance, higher speed limits and roadways without a designated safe area for pedestrians are also thought to be contributing factors to the increase in accidents and fatalities, as have the poor infrastructure and condition of roadways in many areas across the United States.

What many people don’t realize is that you don’t have to be someone who frequently travels by foot to be at risk of becoming the victim in a pedestrian accident. Accidents that occur between vehicles and pedestrians happen every day on roadways, at crosswalks, in parking lots and even at bus stops. It’s important that we all have awareness of pedestrian safety, for the protection of our own wellbeing and that of others.

Who Is Most at Risk of a Pedestrian Accident?

Awareness is one of the best ways to prevent a pedestrian accident. Unfortunately, it’s often up to the pedestrian to respond proactively in protecting their safety on the road. That said, there are some factors that increase the risk of being involved in a pedestrian accident. These include:

  • Walking in urban or suburban areas where there is more traffic
  • Children who might not be able to accurately access oncoming traffic are at greater risk, although the risk for children peaks after age 13
  • Elderly people who walk slower are at a greater risk
  • Being on the roadways at dusk or when it is dark out
  • Being on a dark roadway while wearing dark colors
  • Being on the roadway while intoxicated
  • Walking in an area where there is no designated safe place for pedestrians
  • Walking in poorly lit areas or areas where damage to the road exists

When to Contact a Pedestrian Accident Personal Injury Attorney in Richardson

While pedestrians have the responsibility to follow the law and act safely on the road, motorists also have a responsibility to be aware and do what they can to prevent pedestrian accidents. If you’ve been involved in a pedestrian accident, it’s important that explore the possibility of recovering damages from your injuries. The best thing you can do is contact a pedestrian accident personal injury attorney in Richardson to review your case. A pedestrian accident can be devasting, but an experienced attorney can help guide you on the path to recovery.


Media Contact:

Attorney Zach Herbert

(T): 214-414-3808



How to Keep Your Child Safe From School Bus Stop Accidents

How to Keep Your Child Safe From School Bus Stop Accidents

News of devastating school bus accidents hurts all of us. Here is what you can do to keep your children safe at school bus stops.

As parents, sending your children off to school in the morning is one of the most normal things in the world – or at least it should be. You’re trusting that the school, teachers and other members of the community will help to keep your child safe until they return home to your care. Unfortunately, over the past few months, a rise in school bus stop accidents has shown us just how vulnerable our children really are.

Many families across the United States depend on school buses to transport their children back and forth from school. With many of these families have limited or no other options, it’s important that we understand what we can do to help keep our children safe, even when other drivers on the road are acting carelessly. If the unimaginable happens and your child has been injured as the result of a school bus accident, let Dallas personal injury attorney Zach Herbert help you and your family understand the next steps of the legal process.

School Bus Statistics

Last fall, we saw a cluster of early morning school bus accidents that resulted in serious injury and fatalities. One of the most sobering details of these devastating accidents is that they happened throughout several states – Mississippi, Indiana, Pennsylvania and Florida. This fact clearly illustrates that school bus safety is an issue for the nation as a whole, which has caused most of us to look more seriously at school bus statistics and safety. (1)

The first thing to understand is that while one child injured at their school bus stop is too many, millions of school children leave for school and arrive home safely at their school bus stops every day. The most recent data on school bus accidents that we have access to is from 2017, and those statistics show us that fatalities related to school bus accidents, including passengers and pedestrians, decreased from the years before. Unfortunately, reported injuries in these types of accidents did rise. (2)

What has caught many of us off guard has been the nature of these most recent accidents. As parents, we might worry about our child being involved in a roadway accident while in transit, but these events occurred at school bus stops – a place where the risk of danger should be minimal.

Tips for School Bus Stop Safety

Of course, our communities need to be looking at why these accidents are happening in the first place and what we can do to prevent them from a public safety standpoint. Still, as a parent, there are certain things you can do to help ensure your child stays safe. You can start by implementing these eight tips for school bus stop safety.

  • Make sure that children arrive at the bus stop with time to spare. Kids that are in a hurry are more likely to act without thinking and may put themselves in danger.
  • Arrange for a parent or other guardian to supervise young children at bus stops. This supervision will help keep kids off the road and not engaging in dangerous behaviors.
  • Talk to the right officials about location safety. If the bus stop is in an area that puts children at greater risk of harm, talk to the transportation director or school about a safer location.
  • Crossing the road should always be done in front of the bus, never behind it. This distinction also allows the bus driver to give your child the go-ahead after they ensure there is no oncoming traffic.
  • Don’t assume oncoming traffic is going to stop. Make sure traffic has come to a complete stop before crossing.
  • If your child drops something in the road, tell them to not risk grabbing it. Have them ask the bus driver or a supervising adult for assistance. A driver is less likely to see a crouching or child bending over in the road.
  • Make sure the bus is stopped completely. Wait until the bus has come to a complete stop and the doors have opened before making movements toward the bus.
  • Tell children to move straight ahead when entering or exiting a bus. Drivers react to predictable movements and aren’t prepared for a child that might backtrack.

When You Need a Personal Injury Attorney Richardson, Texas

If your child has been injured as a result of a school bus stop accident, a personal injury attorney in Richardson, Texas at Herbert & Eberstein can help your family on the path to recovery. As a community, we need to show that we’re serious about protecting our children. An experienced personal injury lawyer can be the voice that gets you heard.


Media Contact:

Attorney Zach Herbert

(T): 214-414-3808