24Apr/24

How To Determine Fault After An Accident in Austin

car accidents-determining fault

This Blog was brought to you by the The Patel Firm, Principal Office in Austin

How To Determine Fault After An Accident in Austin

Our city has a booming economy that is growing quickly. With all growth comes growing pains. With the increase of people comes an increase in accidents, and before you know it, you could find yourself on the wrong side of one. If you ever do find yourself in that difficult situation, the first thing to do is establish fault. The person who is at fault will carry the burden of liability, they are also the person who will experience the increase in premiums. After a car or truck accident, just how do you establish fault? I have a few tips that might help you out.

More about austin auto attorney here

1. What Happened Before the Accident?

If you have been rear-ended, the other driver is more than likely at fault, but what about other scenarios? It can be difficult to determine fault, but if the other driver was swerving, speeding, or using their cell phone while they were driving, that could be a clear indicator of fault. If you saw the other driver doing any of these things before a car accident, then notify the officer on the scene immediately. If not, then make sure you note the activity you saw them involved in and give it to your attorney when you meet with them.

2. Are There Any Witnesses?

If you are lucky, some people saw what transpired before your cars collided. They might have seen the other driver engaged in reckless activities and may be willing to speak out on your behalf. Make sure you get a phone number and email address where they can be reached in case you need them to make a statement. This will be very helpful in arguing your case against the insurance company.

3. Was the Driver Ticketed?

If an officer on the scene wrote the other driver a ticket, then the other person violated traffic law. This violation could be what led to the accident. The officer might have even named the other driver at fault on the ticket, so make sure you have all of that information to present to your attorney. If there was no officer present, then notate if you saw the other driver violate any laws.

4. How Did the Other Driver React?

The moments after an accident are jarring, and the other driver may admit they were at fault without realizing it. If they comment that they didn’t see you or apologize, then they are admitting fault, and you should note exactly what they said and at what time. Taking the necessary action could make the difference between dealing with an insurance increase.

Regardless of who is at fault, you must contact a lawyer immediately after the accident. Your lawyer will ensure that all your questions are answered and that you aren’t blindsided into saying something you wish you hadn’t by the insurance company.

Contact our experienced personal injury lawyers today, who will fight for your rights and ensure you get the car accident settlements you deserve.

24Oct/23

18 Wheeler Accidents – Self-Insured Trucking Companies

Persona Injury, Truck Accident

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

18 Wheeler Accidents – Self-Insured Trucking Companies

Once in a while, there will be no insurance company involved at all in your case. This might well be because the trucking company has elected not to carry traditional insurance but rather to self insure, by setting aside a portion of their own assets to use in case there is an accident for which they might be held liable. If you are dealing with a self-insured trucking company then you will not be dealing with any sort of traditional insurance adjuster but rather with an officer of the trucking company who is in charge of these types of incidents. While traditional adjusters can most definitely be aggressive and stubborn, these officers are even more difficult to deal with, particularly if you do not have a highly experienced trucking accident injury lawyer by your side. More info on this website
The principal reason for this is once again economic. These officer’s salaries are directly tied to the overall profitability of the trucking company. A major hit, as in a payout in an accident case, can have a serious effect on the officer’s own income, Thus they have personal financial reasons to do whatever they can do to negatively impact your case.

In addition, these company officers are not licensed. Adjusters are professionally licensed and must follow certain rules of ethical behavior in order to keep their licenses and thus their jobs. There are no such guidelines governing the behavior of the company officers. Consequently, we have heard of cases where there was evidence tampering as well as many other cases involving highly unethical behaviors. Our attorneys have dealt with this before and we can protect both you and your case from these unscrupulous individuals.

What We Can Do For You
While there is virtually an unlimited number of things that we can do for you in your case, here is a list of some of the more common things that we routinely will do:

Investigate the cause of the accident.
Gather all evidence needed to meet your burden of proof.
Pressure defendants into settling by using our reputation as leverage.
Develop a strong and well-substantiated trial strategy.
Protect your case from dismissal by the defense.
Personally take charge of all communications from the insurance adjusters.
Expose the lies that the truckers will tell to escape liability.
Make sure the officers of any self-insured trucking company stay within acceptable limits of behavior.

These are but a few of the services that we provide. Our goal is to do as much as possible for you and for your case so that you may be able to concentrate on getting better and healthier in order to return to your regular way of life once again.

The attorneys here at our Law Office have been successfully litigating personal injury cases for over 20 years. During that period of time, we have won millions and millions of dollars in settlements for our Texas clients from major insurance companies throughout the United States. Let us now do the same for you as well.

If you have been injured in an 18-wheeler truck accident contact our Law Office today (toll-free). We are pleased to offer a complimentary consultation and are available 24 hours a day. We look forward to discussing your case with you and to answering all of your specific questions.

13Jan/21

How Does the Personal Injury Lawsuit Process Work

General Posts

The Personal Injury Blog

When people get injured, they often have a lot of questions about the law and how the personal injury lawsuit process works. In general, there are a handful of steps that happen after someone experiences an injury. Though not all personal injury cases will go through each one of the following steps, anyone who is thinking about filing a personal injury claim can expect the following stages:

The Personal Injury Consultation

The first step in any personal injury lawsuit is meeting with a personal injury lawyer in your area. Because every state has different laws that apply to these cases, only attorneys who have experience handling cases in your geographic area can give you advice. A personal injury attorney will talk to you, ask you a series of questions, and evaluate the facts of your case in light of state and federal law. In the vast majority of situations, this initial consultation does not cost you anything.personal injury law

Filing the Case

If, after you discussed the case with a lawyer, you decide that you want to move forward with the lawsuit process, you will then file the lawsuit itself. This is a document often known as either a petition or complaint, but it essentially accuses someone else of causing you harm. Most personal injury cases are filed in state courts, though it’s also possible to file some cases in a federal court.

Discovery

After filing the case, your attorney will begin the discovery process. This is the process through which you find out all the relevant information about the case. This can include asking the people involved questions, requiring the other party to submit to depositions, or demanding the other party turn over any documents that relate to the case.

Settlement Negotiations

After a case has begun and both sides have investigated, they will often enter into settlement negotiations. These settlement talks are designed to conclude the lawsuit without the necessity of having to go to trial. For example, the defendant, the party being sued, might offer the plaintiff a monetary settlement. If the parties agree to a settlement, the plaintiff will drop the lawsuit and that will end the case.

Trial

If settlement negotiations fail the case will go to trial. At trial, each side gets to present their case and try to persuade a judge or jury as to who is correct. Plaintiffs have the burden of proof, meaning they have to present evidence to show that the defendant is liable. If the court decides that the plaintiff proved his or her case, it will order the defendant to pay damages that it deems appropriate.accident attorneys

Collecting Damages

Winning a personal injury lawsuit is great, but actually receiving the money the court orders the defendant to pay is something else. The process of getting the money you’re owed is called collections. Collections can require you, for example, to file a garnishment with the court to take money directly from the defendant’s bank account or paycheck or take other actions in order to collect the money.

Appeals

When someone, either the defendant or the plaintiff, files an appeal, the party is asking an appellate court to review the trial court’s decisions. Appeals can result in the appeals court affirming the trial court’s decision, overturning it, or sending the case back for a re-trial.