What Happens After You’re Hit by an Intoxicated Driver?

New information has surfaced about the driver who allegedly caused the large bus crash involving the death of 12 people in Uvalde county, TX. The driver allegedly was on prescription drugs and stated that he was texting during the accident after he was caught on video swerving over the edge line more than 37 times. People are hit by intoxicated drivers on a regular basis, and there are some steps you can take to see if you were hit by an intoxicated driver in an auto accident.

How Do You Know if A Driver Is Intoxicated?

• Look for signs prior to the accident: Swerving on the road or stopping slowly at a stoplight can be signs that a driver is intoxicated. While communicating with a driver after an accident, listen for slurred speech and look at the driver to see if they have a vacant or dull look in their face. Are they having trouble communicating with you?
• Contact the police: This is a good idea in any kind of accident. A police officer will be better able to tell if someone is intoxicated, and having a police report of your accident can make your case stronger.

How Do You Know If You’re Getting Enough Coverage for Your Accident?

When filing a claim in civil court against a drunk driver, several factors will be taken into consideration. How bad your vehicle was damaged, how severe the injuries sustained were, and how negligent and intoxicated the driver was will be considered.

• Uninsured Drivers: In the event that the intoxicated driver that hits you does not have insurance, your insurance company may have to cover the damages you received with Uninsured/Underinsured motorist coverage. If you do not have Uninsured/Underinsured motorist coverage, you can consult the help of a car accident attorney to explore other options.
• Dram shop claims: If the circumstances are right, you can attempt to make a claim against the bar or restaurant that sold the alcohol to the drunk driver.

Watch Out for Insurance Companies

The other driver’s insurance company may call you and offer you a settlement quickly after the accident. Insurance companies are trying to offer you as little as possible and quickly, so future damages may not be considered.  Contacting a Lufkin drunk driving accident attorney can help you make the right decisions following an accident involving a drunk driver.

Why Texas School Buses May be Unsafe

Every car has seat belts, it’s the law. If you are caught without your seat belt in Texas, you will be fined and a minor caught without a seat belt is an even greater fine. Seat belts save many lives every day, and you would assume since Texas state law has made wearing seat belts a priority enforceable by the law, especially for children, that school buses would definitely be equipped with the best seat belt technology. Unfortunately, this is not the case and is why Texas school buses may be unsafe for passengers.In 2009, Texas legislature allotted $10 million to invest into updating school buses to be equipped with seat belts. The majority of school districts have still not updated their buses to this day. State officials say that it is a priority issue within the school districts not wanting to purchase new buses with new seat belts, because the buses they currently have are sturdy and work for a very long time. The money allocated by the state does not apply to retrofitting old buses, it only applies to purchasing new ones. A bill has been introduced by a Texas state senator requiring that all new buses purchased be required to have 3-point seat belts, one of the safest varieties.We can assume that school buses will continue to get safer as more buses are bought, but many old buses are still running with limited safety for the passengers. This is a serious issue, and below are some tips for how to react if you are involved in a bus accident as a car driver.Steps to Take If Involved in a Bus Accident.

• Remain calm: This will be difficult in the wake of a potentially severe bus accident with multiple victims, but necessary for you to get through the situation.
• Report the accident: Call the local authorities if the accident is serious, make sure emergency response gets to the scene as quickly as possible.
• Call your insurance company: Report the damages to your vehicle, take pictures of the crash scene, tell them what happened. Report how much the damages cost to repair once they are fixed.

Bus accidents can be severe, and the reasons behind the accident can be much more complex than initially meets the eye. Having a Lufkin auto accident attorney that is experienced in handling many vehicle accident cases, including different kinds of vehicles, can help you get all the information you need for dealing with compensation for injuries and vehicle damages. Rules for filing claims against Governmental entities, like an accident involving a city bus, are different than filing against another insured driver of a car.

What Types of Evidence Might Be Used in A Car Accident Case?

Evidence in car accident cases can come from many different sources and parties. Personal injury attorneys can use this evidence to pursue claims against other drivers, auto parts and vehicle manufacturers, or businesses. Depending on the circumstances of an accident, evidence can vary. The following list can give you an idea of what types of evidence may be useful for a case.

4 Examples of Evidence in Car Accident Cases

1. Event data recorder: Event data recorders (EDRs) are onboard computers found in many vehicles. In some ways, EDRs are like a commercial aircraft’s black box. Newer EDRs may record speed, steering, force of impact, braking and acceleration at the time of an accident. If a motorist was speeding at the time of a crash, the EDR might have this action on record. EDRs can also spot auto defects in some cases, such as whether airbags deployed or brakes were working correctly. An attorney might be able to receive a court order to pull data from the EDR of an at-fault driver.
2. Surveillance footage: Video surveillance footage can be helpful evidence in a car accident case. For example, if an accident occurs as someone is making a left-hand turn out of a gas station parking lot. The gas station’s cameras may pick up a driver speeding through a stop sign. Intersection cameras may show a driver speeding through a red light and crashing into another vehicle. Some vehicles use dashboard cameras. It is also possible that witnesses recorded an accident on their smartphones. Depending on the circumstances, it may be possible to obtain footage the accident.
3. Social media posts: In the last few months, there have been several cases where motorists have caused accidents using Snapchat’s “speed filter.” This filter records how fast users were moving while taking selfies. One case involved a driver who slammed into another motorist while taking a selfie at over 110 miles per hour. The selfie was posted to the user’s profile.  In other examples, a person may snap Facebook photos of themselves drinking heavily at a party. If this person leaves the party minutes later and hits another driver, that post might also be used.  Depending on the circumstances, social media posts are useful evidence for proving fault.
4. Medical records: Plaintiffs in a personal injury case are seeking damages for their injuries, so medical records are of vital importance. These records are essential for showing the extent of injuries, the costs of recovery, and whether someone can return to work. Hospitals and other health care providers keep detailed financial and medical records for patients. Medical records can help calculate damages in a personal injury case.

Why You Should Not Wait to Hire a Car Accident Attorney

These examples are not an exhaustive list of the types of evidence that may be used for a personal injury case involving a car accident. Finding evidence may be much more difficult. However, the more evidence obtained, the better, as it helps tell a story of what happened.It is essential to hire an attorney quickly after an accident so they can work on preserving evidence. If evidence is destroyed, accidentally or intentionally, it can hurt your ability to recover damages.At Mike Love & Associates, LLC, our Texas car accident attorneys will give your case the personalized attention it deserves.

Why Should You Call an Attorney After an Auto Accident?

It is common to make mistakes after an auto accident that can jeopardize your ability to secure funds needed for recovery. Once these mistakes are made, they can be very difficult, and sometimes impossible to correct. Mistakes can include failing to recognize the seriousness of an injury, discussing details with insurance adjusters, or overpaying medical bills. However, one of the most common mistakes people make is discussing the details of their auto accident with insurance adjusters. Discussing details with an adjuster can lower the value of a car accident claim.An experienced attorney has handled dozens or hundreds of auto accident cases. They have seen every insurance company trick in the book. An attorney can help you avoid making mistakes with insurance companies after an accident.

Never Discuss Details with Another Driver’s Insurance Adjuster After an Auto Accident

Your policy may require you to notify your insurance company after an accident. The same is not true for the insurance companies of other drivers. In fact, it is dangerous to discuss anything other than identifying information about yourself to insurance adjusters from other companies. If an insurance adjuster calls you, they may attempt to do the following:

• Ask you to make a detailed statement: An insurance adjuster will want to know what happened before, during and after the accident. They will also want to know what injuries and property damage you may have suffered.

• Ask you to record conversations: They may call and ask to record a conversation (they are required to ask to record you by law). Whatever is said can be used to deny the value of your claim.

• Rush you into accepting a settlement: They may attempt to rush you into accepting a much smaller amount than what is needed to cover the cost of lost income and medical expenses.

If an insurance adjuster calls after an accident, it is best to tell them you are in the process of retaining an attorney. Insurance adjusters are not necessarily bad people, but they are not your friend. They do not have your best interests in mind, even if they sound friendly. The purpose they are most concerned with is saving the insurance companies they work for money.

Why is It Dangerous to Discuss Details with An Insurance Adjuster?

Some injuries may not materialize for several days. For example, it can take one or several days for symptoms associated with whiplash injuries to appear. Concussions may also cause problems for several weeks after an accident. If you tell an insurance adjust you are not injured, or that your injuries are minor, they may use that information to reduce the value of your claim. You may later discover your injuries will require time off from work, or cost more than expected.You may also admit partial fault for the accident, which can also be used to lower the value of your claim. There are just too many aspects of the conversation that can go wrong for you or your family.

Can an Attorney Help with Your Car Accident Claim?

The Texas personal injury attorneys at Mike Love & Associates, LLC can help auto accident survivors or their families explore all available options for handling insurance companies. There are some issues that may arise while handling car accident claims that may not be obvious to someone without legal experience.Our attorneys can also help refer you to medical specialists in your area that are not working on behalf of the insurance companies. Medical documentation can be used to help defend your claim. Our office provides free initial consultations.

Why You May Need an Attorney Before Filing A UM/UIM Claim

Texas auto insurance policyholders should always make sure they have UM/UIM coverage (uninsured/underinsured motorist coverage). Although Texas insurance companies are required to offer UM/UIM coverage, policyholders can reject it in writing. UM/UIM coverage can protect you in the event an uninsured or underinsured motorist hits your vehicle and causes physical and/or property damage. However, there are some nuances to Texas UM/UIM coverage that make contacting an attorney a matter of critical importance before filing claims. As a policyholder, you may run into difficulties filing a UM/UIM claim.In late 2006, the Texas Supreme Court held in Brainard v. Trinity Universal Insurance Company that insurance companies are under no contractual obligation to pay UM/UIM claims until policyholders obtain judgments establishing the liability of UM/UIM motorists and the amount of damages. So basically, purchasing a UM/UIM policy merely gives you the right to sue your insurance company and recover if you win in court.We can use a hypothetical scenario to summarize Brainard v. Trinity Universal Insurance Company further.

Jill’s Story: Why Filing a UM/UIM Claim Can Be Difficult

Jill is a single mother and business owner with UM/UIM coverage on her Texas auto insurance policy. One day, Jill is driving home from her mother’s house along East Denman Avenue when a distracted driver runs through an intersection and collides with her vehicle. During the course of the accident, Jill breaks her arm and several fingers. To make matters worse, her car is totaled. Police arrive on the scene, file a report, and it is discovered the driver responsible for the wreck has no insurance coverage. Jill is brought to the hospital and undergoes treatment for her injuries.During her brief stay at the hospital, Jill had been in contact with her insurance company. She had filed a UM claim, but upon returning home, discovered the claim had been denied. Jill’s insurance company claimed she was not owed any coverage until she proved in court that the other driver was both at fault and uninsured, and she would also have to prove that all of her damages were actually caused by the accident. Due to owning a business and recovering from serious injuries, there is no feasible way Jill has the time put the evidence together necessary to prove her case.Given her circumstances, Jill realizes that hiring an attorney is necessary. After researching the accident, Jill’s attorney is able to prove that the driver responsible for the wreck was texting at the time of the crash. In addition, her skilled attorney also proves the driver had no insurance coverage. By working with her health care providers, Jill’s attorney secures the records and testimony needed to establishing the total amount of damages Jill has suffered as a result of this accident.  Upon presentation of this evidence to Jill’s UM insurance carrier, the insurance adjuster realizes that Jill is going to prevail at trial, so the company agrees to pay her without wasting time and money on going to court.More could be said about Jill’s story and why it is important to hire an attorney after an accident. There are many possible scenarios that can surprise people injured in accidents. Hiring an attorney is the best way to fight back against these possible scenarios before they can cause financial ruin.The Texas personal injury attorneys at Mike Love & Associates,LLC can review your auto policy at no cost.