5 Questions to Ask a Texas Car Accident Attorney Before Hiring

If you or somebody you care about has been injured in a car accident caused by the negligence of somebody else, you may need to seek assistance from an attorney in order to recover full compensation for your losses. However, there are various questions that you should ask a prospective Texas car accident attorney before deciding to work with them.

1. How Much Does an Attorney Charge? Are Clients Required to Pay if the Case Loses?

This may be two questions, but they are closely related. Most Texas auto accident lawyers will take these cases on a contingency fee basis. This means that the client will face no upfront or out-of-pocket costs for their case and will only pay legal fees after their injury lawyer secures the compensation they are entitled to. In other words, if the attorney does not win the case or receive compensation for the client, then the client will not pay any legal fees at all. This type of fee arrangement allows even those with fewer resources to hold alleged negligent parties responsible for their actions. You can also ask about if a car accident lawyer offers free consultations.

2. What is the Statute of Limitations for Car Accidents?

Each state is responsible for setting time limits regarding how long injury victims have to file lawsuits against the alleged negligent party in their case. The Texas personal injury statute of limitations is two years from the date an accident occurs. This means that a car accident victim has a two-year window with which to file a lawsuit against the alleged negligent party. Failing to file a lawsuit within this timeframe will result in the victim being unable to recover the compensation they are entitled to.

3. Do All Car Accident Cases Go To Trial?

No, most car accident and injury cases do not go all the way to trial. The vast majority of car accident claims are resolved through settlements with insurance carriers. However, if the at-fault party’s insurance company refuses to offer a fair settlement or if they deny a claim altogether, then it may be necessary for the car accident injury victim to file a personal injury lawsuit in civil court. Even after a case is filed in court, it is still unlikely that it will go all the way to trial. Most personal injury lawsuits are settled through negotiations with attorneys involved for both sides.

4. How Much Experience Do You Have?

There is nothing wrong with asking car accident lawyers about how much experience they, and the law firms they work at, have. In fact, glance at the wall in an attorney’s office and see if they have their law degree hanging. When did they graduate? Granted, the amount of time that an attorney practices law is not always an indicator of how successful they are, but you can generally count on an experienced attorney understanding exactly what needs to be done to ensure you receive the compensation you are entitled to. In particular, you can ask a prospective attorney about how much experience they have handling cases similar to yours.

5. What Are Previous Settlements & Results for Car Accident Cases?

You can also ask a car accident injury attorney about their track record of success. For example, have they successfully recovered any major settlements or results for previous car accident clients? You may be able to find some of this information on the attorney’s website or by Googling the particular attorney you are thinking about using.

Oxycontin Manufacturer Settles 8.3 Billion Dollar Settlement

The opioid epidemic has ravaged Texas and the United States with drug overdoses for years now. Much of the problems concerning this epidemic has been linked back to the drug makers of these painkillers. Through extensive investigations and multiple lawsuits, it has been determined that the makers of these prescription medications knew the addiction risks posed by their opioid medication and failed to disclose these risks to the public and to medical professionals. Recently, the makers of OxyContin, Purdue Pharma, have reached a settlement with the US Department of Justice and agreed to plead guilty to criminal charges to resolve their role in the country’s opioid crisis. They have agreed to pay $8.3 billion.

How Much Money Will Go To Families?

While $8.3 billion may seem like a large sum of money, the reality is that this money is not designed to go specifically to families that have suffered due to opioid overdoses caused by this ongoing drug epidemic. The Purdue Pharma settlement will be paid out as follows:

• $225 million will go to the US Justice Department
• $1.7 billion will go towards addressing claims made in other lawsuits
• $3.54 billion will be paid as a criminal fine
• $2.8 billion will be paid as a civil penalty (this penalty will compete with other claims in bankruptcy court, as Purdue Pharma has filed for bankruptcy)

Members of the Sackler family that were also named in the lawsuit have agreed to pay an additional $225 million and have given up ownership in Purdue Pharma. Virtually none of this money will be earmarked specifically for victims and families who have been adversely affected by the side effects of synthetic narcotics and prescription opioids. Critics of this settlement say that it lets drug companies, and its owners, off too lightly for their roles in creating the opioid crisis that has claimed more than 400,000 American lives over the last few decades. The Justice Department has defended this settlement and said that it is “significant.” Officials with the DOJ have noted that the Department would forgo much of the $8 billion in fines and allow that money to be directed towards other creditors in the bankruptcy case involving Purdue Pharma. This could, in turn, be directed towards communities that have been harmed by the opioid crisis.

How Can an OxyContin Attorney Help?

If you or a loved one are suffering, or have suffered from opioid addiction complications due to OxyContin, turn to the team at Mike Love & Associates, LLC for help with your case today. We have extensive experience helping clients in cases involving overdose deaths, and we understand the toll this can take on individuals and their family members. We want to help you take on Purdue Pharma if OxyContin has caused you harm. Our opioid and NAS attorneys will investigate your case and work to secure any compensation you may be entitled to. This could include:

• Any medical expenses related to the opioid problem
• Lost wages and benefits if you are unable to work
• Pain and suffering damages
• Loss of quality of life damages
• Possible punitive damages against Purdue Pharma, the makers of OxyContin

When you need a skilled OxyContin attorney by your side, you can contact us for a free consultation or by calling us at (936) 632-2000.

How to Deal With Insurance Adjusters After a Car Accident

Vehicle accidents occur regularly throughout Texas. Based on data from reportable crashes during the latest year in Texas, one person was injured every two minutes in three seconds in a vehicle collision in this state. In the event you or a loved one are involved in an accident, you are going to have to deal with car insurance carriers. This includes your insurance carrier as well as the carrier of the other driver(s) involved. It is important that you understand how to deal with insurance adjusters in the aftermath of a Texas automobile collision. Insurance claims adjusters are very good at their jobs, and their goal is to make sure that the insurance policy pays as little as possible in a settlement to claimants. Insurance adjusters may seem very friendly, but they are also trained to get you to say things that could jeopardize any settlement you receive.

Should I Post to Social Media During an Ongoing Personal Injury Case?

It may seem like second nature to log on to social media and tell your friends, family members, and followers that you have been involved in a car accident and post photos of the accident scene. In fact, many people stream live from the scene of a crash. Some of the most common places that people post about vehicle accidents they have been involved in are Facebook, Instagram, TikTok, and Twitter. However, it is strongly advised that you do not post any information about your vehicle accident on social media. Even if you have the highest privacy settings on your social media accounts, you can be sure that the auto insurance claims adjusters or legal teams for the other parties will find a way to gain access to your posts. All it takes is one family member or friend to copy or share your post to give others information that you thought was private. Even something innocuous like posting about going to the grocery store could jeopardize your case, particularly if you have said that you have certain injuries that keep you from going about your daily activities. Insurance claims adjusters will use anything you post to try and deny your claim during the claims process, or reduce the amount they pay in a settlement.

Should I Give a Recorded Statement to an Insurance Company?

You are not legally required to give a recorded statement to a car insurance company, and you should avoid doing so. Insurance claims adjusters will try to make it seem like you have to give a recorded statement in order for your case to be settled, but this is not true. The reason they want a recorded statement from you is so they can use it against you in the future. Adjusters from car insurance companies will try to get you to say something while you are on record that could jeopardize your claim. For example, the insurance claims adjuster may try to get you to admit that you could have avoided the accident. They may try to confuse you about the speed you were driving at the time the collision occurred or ask you about whether you have ever looked at your phone while driving. The claims adjuster from insurance providers may even try to engage you in friendly banter about your weekend activities in an effort to get you to admit doing things after claiming you sustained personal injuries.

Work with an Attorney

If you or somebody you love has been involved in an accident caused by the careless or negligent actions of another person, you should speak to an attorney as soon as possible. If you involve an attorney, they will be the one to handle communications with other parties involved, including insurance adjusters. Your focus needs to be on recovering from your injuries and spending time with your family, not worrying about accidentally misspeaking and jeopardizing your claim.

Are Motorcyclists Required to Wear Helmets in Texas?

There are plenty of motorcyclists who live in Texas or visit this state on a regular basis. However, motorcyclists are incredibly vulnerable when it comes to motorcycle accidents involving other passenger vehicles. While it is generally understood that helmets save lives in the event a motorcyclist is involved in a crash, motorcycle helmet laws are not mandatory in every state throughout the country. The Texas law requires that any motorcyclist under the age of 21 wear a helmet. However, those 21 years of age or older are not required to wear a helmet if they:

• Have successfully completed a motorcycle operator safety and training course, OR
• They are covered by a health insurance policy that provides for medical benefits for injuries if they are involved in a motorcycle accident while riding or operating a motorcycle.

What Are the Benefits of Wearing a Motorcycle Helmet?

According to the US Centers for Disease Control and Prevention (CDC), motorcycle helmets save nearly 2,000 lives each year. The CDC estimates that if all motorcyclists wore helmets, more than 800 lives could have been saved during a recent reporting year. Further, the CDC says that helmets reduce the risk of motorcyclist fatalities by 37%, and they reduce the risk of a head injury by 69%. Additionally, a motorcycle helmet is not only beneficial in the event a collision occurs, but a helmet can also help deflect roadway debris and other objects from striking a person in the head, face, or neck. Loose debris on the roadway is often sent flying in the direction of a motorcyclist by the wheels of other vehicles. As many motorcyclists in Texas are aware, there are very large insects in this state. When a motorcyclist is operating at a higher rate of speed, an impact from a large insect can have several negative consequences. The severity of impacts with roadway debris or insects can be lessened by wearing a helmet.

What Are Possible Injuries From Not Wearing a Motorcycle Helmet?

When we turn to data provided by the Texas Department of Transportation, we can see that there were 410 motorcyclist fatalities during the latest reporting year across the state. The DOT says that 45% of motorcyclists killed were not wearing a helmet at the time of the collision. However, many motorcyclists involved in accidents were not killed. Unfortunately, those who do not wear a helmet are much more likely to sustain significant injuries in the event a collision occurs. This includes serious open head wounds as well as severe traumatic brain injuries. Traumatic brain injury survivors often face significant long-term disabilities caused by the personal injury, including complete or partial paralysis, decreased cognitive function, an inability to control emotions, and more. The most common excuses that motorcyclists claim for lack of helmet use are that helmets impair their vision and/or are not comfortable. When it comes to protecting yourself and ensuring that you get back to your loved ones each day, the benefits of wearing a helmet while riding a motorcycle far outweigh any negatives.

What Should I Do After a Hit-and-Run Accident in Texas?

Getting involved in an auto accident can be an incredibly terrifying experience for victims. This is particularly true for those who are struck by hit-and-run drivers. Hit-and-run incidents can lead to significant confusion following the collision, criminal charges and victims in these situations need to know what to do. There are various steps that hit-and-run car accident victims in Texas can take to help ensure their well-being while also protecting their rights.

What to Do After a Hit-and -run in Texas?

The most important thing that any driver can do in the aftermath of being struck by a hit-and-run driver is to stop their vehicle in a safe space and assess their injuries and the injuries of their passengers. Under no circumstances should you leave the scene of an accident, even if the other driver has left. Texas state law requires drivers to stop at the accident scene, render aid, provide their personal information, and produce their driver’s license if requested for any incident that involves injuries or death. If you have been in a car accident caused by a hit-and-run driver, you should:

• Not attempt to pursue a fleeing driver. This will create an unnecessarily safe situation for you and others on the roadway.
• Contact law enforcement immediately. Let the police come to the scene, conduct an initial investigation, and begin the process of locating the hit-and-run driver. Try to remember as much information about the other driver and their vehicle as possible so you can relay this data to the police.
• Seek medical assistance. In order to ensure your well-being and establish a link between any personal bodily injuries in the crash, you need to seek medical assistance as soon as possible. Regardless of how minor or if a serious injury exists, let a doctor perform an evaluation.
• Gather as much evidence as possible. If you are able to safely do so at the scene of the crash, use a cell phone or other type of camera to take photographs of any vehicle damages, injuries, debris, skid marks, traffic conditions, and more.
• Report the incident to your insurer. You will typically be required to report any vehicle accident to your auto insurance carrier as soon as possible after the incident occurs. You do not need to go into significant detail when you make your initial report, but you should inquire with your insurance company about whether or not you have uninsured or underinsured motorist coverage. If you do, this coverage could be used to help cover your expenses in the event the hit-and-run driver is not located.

According to data available from the Texas Department of Transportation, there were more than 256,000 total vehicle collision injuries reported during the latest year across the state. While we do not have exact data stating how many of these were hit-and-run incidents, we do know that it is not uncommon for drivers to flee the scene of an accident. This is particularly true if the offending driver does not have car insurance, was intoxicated at the time the car crash occurred, or has a warrant out for their arrest for another reason.