Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

After a car accident, what you don’t do can be just as important as what you do. Protect yourself and preserve your legal rights by heeding these 5 Car Accident Don’ts.

1. Don’t make small talk with the insurance adjuster: When speaking with an insurance adjuster, whether they’re from your insurance company or the other driver’s insurance company, be strictly business. Stick to the facts. Otherwise you could make an off-hand remark that the insurance adjuster may try to use against you as a reason to reject your claim.

2. Don’t give a recorded statement to the insurance adjuster: The insurance company must ask for your permission to record your statement. Politely decline to make a recorded statement. It is in your best interest to provide a written statement that you have time to carefully prepare. When you are forced to answer questions on the fly, it can be easy to become flustered and make a mistake in recounting the facts.

3. Don’t sign a medical release: While the insurance company will need medical records that are pertinent to the injuries you suffered in the accident, they will often ask you to sign a general medical release that would give them access to your entire medical history. You have the right to protect your privacy and to agree only to release medical documents that are relevant to your claim.

4. Don’t apologize: Never say you’re sorry or admit fault at the scene of a car accident. These statements can be used against you when liability for the accident is being determined.

5. Don’t assume the damage to your car is minor or insignificant: After a car accident, a driver may see only a few small scratches on their vehicle and come to the conclusion that they don’t need to bother with obtaining the other driver’s insurance information. Be aware that structural damage to your vehicle may not be readily visible, so you should always operate under the assumption that you are going to file a claim.

If you have been injured in a car accident, one of the biggest Do’s is to contact a personal injury lawyer as soon as possible. Your personal injury attorney will help you take the proper steps to ensure that you receive fair compensation for your injuries.

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In order to bring a successful personal injury claim, you must first show that you have been injured. The injury can be physical or emotional.

Next you must be able to show that someone else caused your injury by acting carelessly or recklessly. Generally this is a matter of proving that the other person was negligent, meaning they failed to exercise the care that a reasonable person would under the same circumstances.

Last, you must be able to demonstrate that you suffered damages. Damages include medical expenses, lost wages, physical impairment and pain and suffering.

The best way to find out if you have a personal injury claim is to consult with an attorney. A personal injury attorney has the training, knowledge and experience necessary to evaluate your case and determine whether you have a valid claim.

To receive free legal advice about your personal injury claim, contact Fears | Nachawati today.

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While you don’t have to hire a lawyer to handle your personal injury claim, you are likely to wind up with a much lower settlement than you would if you were represented by an attorney.

An injured person is at a serious disadvantage when they attempt to negotiate directly with the insurance company. Insurance adjusters are trained professionals who make their living negotiating claims. It is their job to settle your claim as quickly as possible and pay out the least amount of money.

Having a trained and experienced legal professional advocating on your behalf levels the playing field. It also provides you with greater leverage. By hiring a personal injury lawyer you are sending the message that you are willing to pursue litigation if necessary. As a result, the insurance company will take your claim more seriously and offer you a better settlement to avoid going to trial.

When you hire a personal injury attorney to handle your claim you are able to focus on your recovery. Your attorney relieves you of all the headaches and hassles that come with settling a personal injury claim. All of the record keeping and communications with the insurance company will be handled by your attorney.

Settling a personal injury claim can be a very time-consuming process, but if you hire an attorney, you will spend very little time working on your case. Your main responsibility will be going to your doctor appointments and keeping your lawyer updated on your medical condition.

If you have been injured in an accident, it is in your best interest to seek the representation of a qualified personal injury attorney. Contact Fears | Nachawati today to receive free legal advice about your personal injury claim.

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A personal injury lawsuit against U-Haul and its Texas subsidiary will reach the Dallas 5^th Court of Appeals on February 9^th.

In April of 2008, a Texas jury awarded Talmadge Waldrip $84.25 million in damages for injuries he sustained when a U-Haul rental truck ran over him. The verdict included $63 million in punitive damages.

U-Haul International appealed the verdict, and the case will be heard by the Dallas 5^th Court of Appeals next week.

Waldrip’s personal injury lawsuit stemmed from an incident that occurred on September 20, 2006. On that day, Waldrip, 74, was driving a 1988 U-Haul truck – a 26-foot “Jumbo Hauler” with 234,000 miles on the odometer.

Waldrip, who was helping his daughter move, was dropping off a load of her belongings at a warehouse he owned in a nearby town. When he arrived at the warehouse, Waldrip parked the truck on a slight incline, set the parking brake and stepped out of the vehicle.

Once he was out of the truck, it abruptly began to roll backwards, striking Waldrip and knocking him to the ground. The truck then rolled over him, dragging him about 40 feet and crushing his pelvis.  

Waldrip, along with his wife and daughters, sued U-Haul, claiming the company was negligent in renting a truck to him that it knew or should have known was unsafe.

At trial, Waldrip’s attorney presented evidence that U-Haul failed to properly maintain the brake and transmission systems of its trucks. Evidence presented in the original lawsuit also showed that six other people had similar problems with the same truck.

In its defense, U-Haul argued that Waldrip likely burned out the brake by leaving it on while he was operating the vehicle. The company also argued that it could not reasonably have been aware of a problem with the parking brake before the accident occurred.

Following the verdict at trial, U-Haul issued a statement expressing its disappointment and declaring its intention to “vigorously defend this case through the appeals process.”

In its statement, U-Haul said, “The damages awarded are particularly outrageous given the circumstances of this case. While the plaintiff's injuries are extremely regrettable, the final verdict is another example of abuse of the legal system against corporate citizens in America.”

The jury’s award was later reduced to $46 million because of a Texas law that caps punitive damages.

Except for cases involving specific types of intentional criminal conduct, punitive damages in Texas civil lawsuits are limited to the greater of the following amounts:

a.) Two times the amount of economic damages plus non-economic damages up to a maximum of $750,000; or

b.) $200,000

For more on Waldrip’s personal injury lawsuit, see this article from the Allen American.

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This Sunday the New Orleans Saints will square off against the Indianapolis Colts in Super Bowl XLIV. As football aficionados in Texas prepare for the big game, Fears | Nachawati joins the NFL and the National Highway Traffic Safety Administration (NHTSA) in reminding Super Bowl partygoers that fans don’t let fans drive drunk.

Super Bowl Sunday is one of the most fun and exciting days of the years for sports fans, but sadly, it’s also one of the most dangerous days on our nation’s roadways due to drunk drivers.

During the 2004 Super Bowl weekend, 158 people were killed by drunk drivers with a blood alcohol concentration of .08 or higher, according to the NHTSA.

Drunk driving fatalities are preventable tragedies. If you plan to host a Super Bowl party, do your part to keep the roads safe with these tips from the NHTSA:

• Before the festivities get underway, make sure that every guest who plans to drink has a designated sober driver.
• Offer plenty of non-alcoholic beverage selections.
• Serve lots of food.
• Stop serving alcohol at the end of the third quarter.
• Have numbers for local cab companies on hand.
• Take the keys away from any guest who is thinking of driving while impaired.

These are simple steps that everyone can take to ensure that a celebration doesn’t end in tragedy. Put designating a sober driver at the top of your Super Bowl party to-do list!

Fears | Nachawati encourages you to enjoy the game responsibly. If you plan to drink, give your keys to a sober driver before the game begins.

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The National Safety Council provides some sobering statistics on teen car accidents. According to the NSC, young drivers are involved in a staggering six million collisions every year.

Motor vehicle accidents are the leading cause of teen deaths, accounting for 38% of all teen fatalities in the U.S. In fact, every day, more than 10 drivers in the 15 to 20 age group are killed in car accidents. An additional 745 are injured.

Sadly, reckless behavior on the part of the young driver causes a considerable number of these accidents. Alcohol is involved in about one fourth of crashes killing young drivers. Speed is also often a factor in deadly teen car accidents. Twenty six percent of young female drivers and thirty nine percent of young male drivers were speeding at the time of their fatal crash.

However, even the most cautious and responsible teen drivers can be injured in a car accident through no fault of their own. If you or your child have been hurt in a motor vehicle collision caused by someone else’s negligence, contact a personal injury attorney today to learn about your legal rights. You may be able to recover compensation for your lost wages, medical bills and even your pain and suffering.

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You’ve been injured in a car accident – your medical bills are mounting and you’re using a rental car to get around. You’re ready to move forward with your life, but you can’t because the insurance company isn’t responding to your claim.

Does this scenario sound familiar? Insurance companies are obligated to respond to car accident claims in a timely manner. Unfortunately, they do not always hold up their end of the bargain.

Car insurance is a business, and like any business, car insurance companies are out to make money. Paying out on a claim isn’t profitable, and too many insurance companies intentionally stall in responding to claims.

If you are dealing with an insurance company that won’t respond to your claim, then it’s time to talk to a car accident attorney. Hiring an attorney sends a clear message to the insurance company that you are serious about getting compensated for your injuries and damage to your vehicle.

A qualified car accident attorney has the experience and legal knowledge necessary to aggressively pursue your claim and ensure that the insurance company fulfills its obligations. Car insurance companies want to avoid litigation, and the prospect of facing a lawsuit will prompt them to move quickly on your claim and offer you a fair settlement.

If you have been hurt in a car accident, contact a personal injury attorney today. Let your attorney deal with the insurance company so you can focus on healing and getting your life back to normal.

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A wrongful death lawsuit has been filed against a Texas bar that allegedly served alcohol to an already intoxicated teenager.

The suit is being brought by Wayne and Theresa Chapman, the parents of Michael Chapman who was killed in a car accident caused by 19-year-old Bo Pillsbury.

According to the lawsuit, before the accident occurred, Pillsbury has been drinking in a bar called Dixie Dance Hall. The lawsuit alleges that Dixie Host Ltd., the corporate owner of the bar, continued to serve alcoholic beverages to an “obviously intoxicated” Pillsbury.

Pillsbury, the lawsuit further alleges, was then allowed to leave the premises and drive away. Pillsbury later lost control of his car, striking the vehicle in which Michael Chapman was a passenger.

To read more about the lawsuit, see this article in the Beaumont Enterprise.

This wrongful death lawsuit involves the Texas Dram Shop Act, which makes it possible to sue a person who served alcoholic beverages to an intoxicated individual if that individual later injures someone as a result of their intoxication.

For more information on the Texas Dram Shop Act, including the requirements for a successful claim, see our blog post entitled "I was hit by a drunk driver. Can I sue the person who served them alcohol?"

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A Texas man is among those suing Toyota over an accident caused by the malfunctioning gas pedal that has been the subject of a recent recall.

Michael Harris has filed a wrongful death lawsuit against Toyota alleging that a malfunctioning gas pedal in his wife’s 2009 Corolla caused her fatal car accident.

The victim was wife and mother Trina Harris who was killed when her car sped through a stop sign and smashed into a concrete wall. At the time of the accident, Harris was driving a 2009 Corolla, one of the vehicles that has been included in Toyota’s massive recall due to mechanical problems with accelerators.

Listed as defendants in the wrongful death lawsuit are Toyota, the manufacturer of the gas pedal and the local Toyota dealership from which Trina Harris leased her car.

For more on Harris’s wrongful death lawsuit against Toyota, see this article.

To find out if your Toyota is among the more than 2 million vehicles that have been recalled, visit www.toyota.com/recall/. There the car company lists all of the makes and models included in both of the recent recalls.

As Toyota explains on its website, there are actually two different recalls currently underway. The first is referred to as “floor mat entrapment,” where the car’s floor mat interferes with the gas pedal, causing it to get stuck in the wide-open position. The second is referred to simply as “pedal” and involves a mechanical failure that causes the gas pedal to get stuck in a partially depressed position or to be slow to return to the idle position.

If you experience sudden unintended acceleration in your vehicle, there are steps you can take to help avoid an accident. Consumer Reports presents this 5-step process for safely bringing a runaway car to a stop:

1. Brake firmly – do not pump the brakes.
2. Shift into neutral.
3. Steer to a safe location and come to a complete stop.
4. Turn off the engine with the transmission still in neutral.
5. Last, shift into park.

For more information on sudden unintended acceleration, see Consumer Report's Unintended Acceleration Guide.

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