- What should I do after a motor vehicle accident?
Call 911 and report the accident.
Move your vehicle off of the roadway, if it is possible to do so in a safe manner.
Do not apologize for the accident. If you are able, ask to see the other driver’s license and proof of insurance. From the driver’s license, write down the other driver’s name, address, date of birth and Texas driver’s license number. From the proof of insurance card, write down the name of the insurance company, the policy number and the insurance company’s telephone number if listed.
If anyone saw the accident and stopped afterwards, ask them what they saw, and make sure to write down their name and telephone number. Witnesses like this can be very helpful in determining who caused an accident.
Talk to a personal injury attorney before contacting the insurance.
- What if the other driver left the accident scene without stopping?
Try to write down the license plate of the other vehicle. With that information we can attempt to track down the vehicle’s owner and obtain the insurance information on that vehicle. If we can get the insurance information, then the claim will proceed like any other type of motor vehicle accident claim.
However, if it is not possible to track down the other driver’s information then we have to look at the client’s insurance coverage to see if they are covered by uninsured motorist coverage. If the client does not have uninsured motorist coverage it can be somewhat difficult to obtain any recovery for the client.
- Will the other driver’s insurance pay for my vehicle to be fixed?
When an accident is caused by another driver, that other driver’s insurance company must pay for the damage to your vehicle and will also pay for a rental car while your vehicle is being repaired.
- How will I get around while my vehicle is being repaired?
The law in Texas says that when a vehicle is going to be repaired, the insurance company for the driver responsible for causing the accident has to pay for a rental car or reimburse the accident victim if the accident victim pays for a rental car out of his own pocket.
- What if I am a passenger in a vehicle and get hurt in an accident?
Passengers have the same rights as any of the other parties hurt in an accident. They are entitled to recover their damages from the person or persons who caused the accident. In some cases, both the driver of the other vehicle in the accident and the driver of their vehicle are responsible for the accident. In that case, both insurance companies are responsible for the passenger’s damages.
- What if I am a pedestrian and I am hit by a car?
Pedestrians have the same rights as anyone else who has been hurt in an accident. They are entitled to recover for the damages from the person who caused the accident. Accidents involving automobiles and pedestrians often result in very serious injuries and even death. For this reason, and because circumstances in this type of accident can become very complicated, it is very important if you have been injured in an automobile/pedestrian accident that you contact an attorney as soon as possible to help you with this claim.
- What about truck wrecks?
Truck wreck cases can cause substantial injury. Truck drivers are required to have $750,000 of insurance if they drive intrastate and $1,000,000 if they drive interstate. Many trucking companies have more insurance than the required minimum. Our experience in truck driving cases helps us identify important evidence. We have found truck drivers falsifying their log books and driving in excess of the maximum amount of work hours allowed by DOT regulation.
- What about motorcycle accidents?
Our firm has recovered millions of dollars for clients injured while driving motorcycles. Motorcycle cases present unique issues in the law and our experience can help you get the best recovery. Even though helmets are not required under Texas law, insurance companies will try to blame the motorcycle driver for not wearing a helmet. Other drivers often fail to yield to motorcycles and insurance companies try to blame the motorcycle driver for being difficult to see. Based on a review of the physical evidence, many times our expert witnesses can help establish that our client was operating legally at the time they were injured.
- When is a driver considered intoxicated under the law?
The legal definition for intoxication for adults in Texas is .08 blood alcohol concentration (BAC). Also, in Texas there is a “zero tolerance” that penalizes persons under twenty-one (21) years of age who operate a vehicle under the influence of alcohol with a BAC concentration below the .08 level. Additionally, any level of alcohol in a driver’s system may help prove that they were driving while impaired and therefore, may be negligent.
- What if I am involved in a collision with a drunk driver?
Assuming that the drunk driver is covered by liability insurance, you have a very good claim against the drunk driver and his insurance company because under the law in Texas an accident victim is able to recover punitive damages from the drunk driver and his insurance company. It is for this reason that accidents with drunk drivers are can be very valuable claims.
- If I am hit by a drunk driver, can I sue the bar where they got drunk?
Yes, but it is very important that you hire an experienced and aggressive dram shop attorney right away. The Dram Shop Act is very specific. It applies to bars, restaurants, night clubs and any other business that serves alcohol. Generally, there is no “social host” liability in Texas for serving adults, only commercial vendors of alcohol can be liable. (A “social host” can be liable for serving alcohol to minors.) If a business decides to keep serving beer or alcohol to an obviously intoxicated person and that person causes a motor vehicle accident, the business can be found liable for injuries caused by the intoxicated person.