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

http://zachherbert.attorney

Sources

  1. http://www.businessofapps.com/data/uber-statistics/

Why Employees Need to Be Aware of Workplace Heat Stress Injuries

Why Employees Need to Be Aware of Workplace Heat Stress Injuries

Each year, thousands of workers are affected by workplace heat stress injuries. Learn what heat stress is, how to protect yourself, and what to do if you’re affected.

Workplace injuries are an all too common occurrence, and while most employers take measures to reduce the chances of accidents occurring, there are certain factors of a work environment that are not completely within their control – like the weather, for instance. Workers whose job requires them to endure the elements and long periods of exposure to the hot, Texas sun are at a greater risk of a workplace heat stress injury, as are those that work in factories or other facilities where environmental temperature regulation becomes an issue.

Workplace heat stress is a serious issue, one that can lead to significant health problems and in some cases can even be fatal. Unfortunately, the effects of heat stress can creep up without warning, and it’s not uncommon for someone to not realize that a risk is present until it’s too late.

Many workers are unsure if heat stress is considered a workplace injury in Texas and will incur a mountain of medical bills and the financial strain of lost wages when they could be receiving at least some compensation for damages. Here’s what you need to know about workplace heat stress and what to do if you’re affected.

Heat Stress in the Workplace

Workers can suffer countless types of workplace injuries, many of them avoidable. When it comes to heat stress in the workplace, the most effective, proactive approach involves a combination of employers controlling the environment when possible, helping their employees acclimate to spikes in temperatures and instilling specific protocols that help prevent heat stress from occurring.

According to the Bureau of Labor Statistics, exposure to high environmental temperatures resulted in 37 work-related deaths in 2015, as well as more than 2,800 heat-related occupational injuries and illnesses during the same year. Texas was among the states with the highest number of non-fatality, workplace heat stress injuries.

Signs of Heat Stress

Heat stress is a term used to describe a range of injuries and illnesses that occur as a result of prolonged exposure to heat, which makes it more difficult for the body to regulate its own temperature. Most people are familiar with heat exhaustion and heat stroke as two types of heat stress injuries. Because the initial phases of heat-related injury can produce very subtle symptoms, it’s important that anyone who works outdoors in the heat or in a facility where the temperature exceeds a comfortable level, be aware of the different types and signs of heat stress.

Heat exhaustion occurs when the body overheats and responds to the loss of water and salt that occurs due to excessive perspiration – which is also one of the very first signs of heat stress. Heat exhaustion, if left unchecked, can rapidly progress to heat stroke.

Heat stroke occurs when the body becomes so overheated that it’s no longer able to maintain temperature stability. This process causes a rapid rise in body temperature that can lead to extremely dangerous symptoms. Heat stroke can result in seizures, unconsciousness, cognitive impairment and in extreme cases, death.

Other signs of heat stress include:

  • Headache
  • Chills or clammy skin
  • Dry, hot skin
  • Extremely elevated body temperature
  • Loss of balance
  • Confusion
  • Hallucinations
  • Slurred speech

Contacting a Personal Injury Attorney for Heat Stress in Texas

Employers have a responsibility to protect their workers from heat stress. This responsibility includes measures such as education and awareness of the signs and effects of heat stress, as well as doing whatever possible to help workers acclimate to the heat or reduce work-related exposure to high temperatures. If you’ve suffered a workplace injury due to high environmental temperatures, don’t hesitate to contact Dallas personal injury attorney Zach Herbert to discuss your case of heat stress in Texas.

Heat stress is not something that should be taken lightly. If you’ve suffered from the effects or feel that you’re at risk, it’s important to take measures to protect your health. An experienced lawyer at Herbert & Eberstein in Richardson, Texas can guide you through the process and provide you with the resources you need to recover financially from a workplace heat stress injury.

 

Media Contact:

Attorney Zach Herbert

(T): 214-414-3808

https://zachherbert.attorney/

Sources

  1. https://www.bls.gov/opub/ted/2017/work-injuries-in-the-heat-in-2015.htm

Car Accident Lawyer in Richardson Explains Texas Wrongful Death

Car Accident Lawyer in Richardson Explains Texas Wrongful Death | Zach Herbert

Car Accident Lawyer in Richardson Zach Herbert explains what you need to know about car wrecks and wrongful death. The unexpected, avoidable loss of a loved one is nothing short of tragic. The personal injury law firm of Herbert & Eberstein in Richardson, Texas explains how to know if you might be entitled to financial recovery through a wrongful death claim.

No matter what the circumstances, there are few things in life more devastating than the loss of someone you love. In cases where a loved one has passed away unexpectedly due to the harm or negligence of another person, such as a fatal car accident, coping with their death is often even more difficult. Not only is the family dealing with their grief, but they may also have been put in a place of financial vulnerability. In cases like these, it may be possible to file a wrongful death claim that will help ease their financial burden.

What Is Wrongful Death?

The family of a loved one who has passed unexpectedly, might feel a sense of injustice and wrongdoing but associate it with a normal part of the grieving process. Examples of this type of wrongdoing might be the case of a surgeon making a fatal error or an exhausted truck driver causing the death of their loved one. For families that find themselves in a situation like these or similar, it’s important that we answer the question of “what is wrongful death?”

According to Texas Statute, wrongful death is death that occurs due to the neglect, wrongful act, lack of skill, carelessness or default of another person. We tend to associate wrongful death with acts that occur in a hospital, but the law actually applies to an avoidable death in any situation that was the fault of someone else – for instance, a distracted driver that kills a pedestrian in a car wreck or a company that sells contaminated pharmaceuticals.

To meet the criteria for wrongful death, the following must be proven:

  • The death that occurred was either in part or completely caused by the defendant
  • The death that occurred happened as a direct consequence of the defendant’s neglect, carelessness or intentional actions
  • The death that occurred has resulted in an emotional and financial effect on the family
  • The death resulted in a financial burden upon the deceased’s survivors – this applies whether or not the survivors have the financial means to recover from the financial impact of their loss

What You Need to Know About Filing a Wrongful Death Claim

When a loved one has passed away unexpectedly, the furthest thing from many people’s minds is pursuing legal action against those responsible. It’s natural to want to wait until the immediate grief passes and the recovery process has begun, but it’s also important to realize that the sooner you take action for filing a wrongful death claim, the quicker you can begin recovering financially from funeral cost, medical bills and loss of wages.

Only with few exceptions, the person filing a wrongful death claim has two years from the date of the deceased person’s death to do so. Two years might seem like a long time, but when you’re grieving the loss of a loved one after a car accident and learning how to adapt to a new normal, time can pass quickly. For this reason, the family is urged to consider filing a wrongful death claim sooner rather than later.

It’s also important to know that only certain people are allowed to file a wrongful death claim. This group includes the surviving spouse, adult or minor child, surviving parents or legal personal representative of the deceased person’s estate. Typically, it’s the closest surviving relative that files the claim. For example, the rights of a spouse to file a claim supersede those of the deceased’s adult children unless the survivors or court have agreed upon another representative of the estate.

Types of financial damages that can be recovered in a wrongful death suit include medical and funeral expenses associated with the death, lost wages, loss of earning capacity and financial compensation for emotional aspects, such as loss of companionship and emotional pain and suffering.

When to Contact a Car Accident Lawyer /  Personal Injury Attorney for Wrongful Death in Texas

The important first step for recovering financially from the devastating loss of a loved one is contacting a personal injury attorney for wrongful death in Texas.  Let experienced personal injury attorney Zach Herbert of Herbert & Eberstein guide you through the process of filing a wrongful death claim. While the emotional devastation of the loss of a loved one might be unavoidable, financial devastation doesn’t need to be. Contact our attorney Zach Herbert car accident lawyer in Richardson to discuss your case today.

 

Media Contact:

Attorney Zach Herbert – Dallas Car Wreck Lawyer 

(T): 214-414-3808

https://zachherbert.attorney/

 

Sources

  1. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm
  2. https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-texas.html

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

http://zachherbert.attorney

Source:

  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).