Texas Accident and Injury FAQs
When you or someone you love has suffered injuries in an accident, it can be difficult to know where to turn for reliable and timely information. It’s natural to have many questions, and the legal team at Parker Law Firm is here to provide the answers and facts you are looking for. Browse our FAQs and learn about common accidents, compensation, and how an attorney can help. If you don’t see your question, don’t hesitate to reach out to our attorneys. Take a moment and fill out our online contact form to hear back from a knowledgeable and experienced legal team.
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What Is Bad Faith Insurance?
Property and casualty Insurance exists to protect you and your loved ones from the financial devastation that can follow a severe weather-related event. When you choose an insurance company, you enter into a legally binding agreement that gives you coverage to protect you and your investments from damage and extreme financial loss. So what happens when you are confronted with a loss and your insurance company fails to meet their end of the deal? Or they offer less money than the extent of your damaged property? Or they fail to respond to your claim in a timely manner? All of these instances are examples of insurance bad faith and they all violate the Texas Insurance Code. Unfortunately, insurance companies don’t always act in good faith, and it can be confusing to understand whether or not your insurance company is attempting to manipulate you. Luckily, the Parker Law Firm is here to help you determine whether or not your insurance company is trying to take advantage of you. Below are some examples of bad faith insurance practices.
An insurer may be acting in bad faith if…
- Your insurer misrepresents your policy in any way. This includes the terms, the benefits and the advantages of the policy.
- Your insurer fails to affirm or deny coverage of your claim in a timely manner.
- Your insurer fails to pay a covered claim as a result of failing to properly investigate liability and damages based upon all available information.
- Your insurer fails to attempt in good faith a prompt, fair and equitable settlement in which the insurer’s liability is clear.
- Your insurer makes false statements regarding your previous payments on the policy.
- Your insurer misrepresents a material fact as it relates to your claim.
- Your insurer fails to explain policy limits and applicable provisions or exclusions in a timely manner.
- Your insurer refuses or delays a settlement offer under applicable first-party coverage on the basis that other coverage may be available or that third parties are responsible for the damages suffered.
- Your insurer uses illegal and fraudulent investigative techniques.
- Your insurer fails to offer fair evaluation of damages within a reasonable time upon receipt of claim.
Protect Yourself with the Parker Law Firm
The bottom line of insurance bad faith cases is this: your insurance company is attempting to mislead you so that the company can save money on your claim. How can you protect yourself from bad faith insurance practices? Contact the Parker Law Firm following an accident, natural disaster, or any other incident that requires insurance coverage. Insurance Bad Faith can be a difficult complication to deal with, but when you work with our firm, we will do everything in our power to protect your rights and conclude your case swiftly. If you have questions or concerns about your eligibility to file an insurance bad faith claim, do not hesitate to contact a Bedford lawyer from our team to discuss your potential case and schedule a Complimentary Strategy Session. At the Parker Law Firm, people matter, and we will fight your insurance company for every dollar of policy protection to which you are entitled.
Who Can Be Held Liable In A Dog Bite Claim?
Typically, in a dog bite claim, the owner will be held liable. However, there can be occasions where a son or a daughter may own a dog and they are living with their parents. While the parents may not be the actual owner of the dog, the fact that they allow the dog to be at their home may create liability on behalf of the home owner when they don’t actually own the dog.
What Might Be Scenarios Where The Owner Of The Dog Isn’t Held Liable?
An owner of a dog might not be liable for a dog attacking someone else if the owner did not know nor should they have known that the dog had vicious tendencies. There are cases where for whatever reason, a dog who has been well-behaved, well-mannered and never really shown any aggressive tendencies acts out for some reason or other. In those situations, the owner of the dog may not be liable because Texas does recognize what we commonly refer to as the “first bite is free” rule. This means if the owner didn’t know the dog’s dangerous propensities, then he won’t be liable for the first bite.
Is There Any Sort Of Comparative Fault In Dog Bite Cases?
In some cases there can be comparative fault in a dog bite case. For example, if a person provokes the animal or is teasing it or even trespasses onto the pet owner’s land, all of those facts can be seen as provocation, comparative responsibility or fault on part of the victim and that would minimize or even eliminate liability on the part of the dog owner.
What Types Of Damages Can Be Sought In A Dog Bite Claim?
The type of damages that are available in a dog bite claim, first and foremost, are for the medical care incurred in having the bite treated. That could be anywhere from a few hundred dollars to several thousand dollars or even tens of thousands of dollars, depending on the severity of the bite. Additional damages available are for lost wages, for permanent scarring or impairment and also for any muscle or tissue damage and that won’t heal properly. Future medical bills that will be incurred in the way of reconstructive surgery or plastic surgery to help with scarring as well as for mental anguish from the incident may also be available.
Can Bystanders Or Witnesses File Claims For Mental Anguish?
Bystander recoveries in dog bite claims in Texas are difficult. The law is rather tough but in essentially, if there is a very close familial proximity and relationship, then there could be a claim for a bystander recovery. Usually this is seen in a type of a claim where a mother sees her young child mauled by a dog. The maul would require the mother to actually have experienced and viewed the incident as opposed to walking up on it or being called later. In Texas, there has to be the closeness of a relationship such as a mother and child, but also the bystander has to have been in the proximity of the dog bite incident itself; meaning they experienced witnessing, seeing, hearing the dog bite actually occur.
Can Someone File An Injury Claim If Dogs Attack Other Pets?
A claim can be filed if a dog attacks someone’s pet. However, Attorney Brad Parker finds that it would probably be hard to find an attorney to take that claim in Texas. Whether it’s wrong or right, the law is that a pet owner can only recover the value of their animal and most pets are obtained for free or for a few hundred dollars. If that animal is injured, there may be a claim to recover the cost of treating injuries but if the pet is killed, the amount of recovery is going to be limited to what the value of that animal is. Unfortunately, Texas law says an individual can’t recover for emotional loss; only for the value of a pet.
Is The Amount Of Damages Dependent Upon The Severity Of Injuries?
The amount of recovery is always guided by the severity of the injury but it can also be guided by the level of disregard of the oppressiveness of the dog by the owner. In other words, there are people who know that they are raising pit-bull terriers and they don’t treat them well. They train dogs to attack and don’t take appropriate action to ensure that the animal is restrained from being able to get to other people. That level of conduct subconsciously can and does play a role in the culpability of the person who owns the dog.
Damages are to be limited by the actual damage suffered by the person who was bit: current and future medical bills, mental anguish, impairment, pain and the suffering and other types of factors. Future medical expenses for cosmetic surgery are also taken into account if the bite resulted in scarring. The Parker Law Firm has had cases where young girls have been bitten by dogs in the face or on the arms or on the legs and they ensure that the cost for future plastic surgery or scar revision is factored into a settlement. The same is done where there may be muscle or tissue damage that needs addressing at some point in the future as well.
For more information on Liability In A Dog Bite Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 503-9200 today.
What Is The Statute Of Limitations For A Dog Bite Claim In Texas?
Like all personal injury cases in the state of Texas, there is a two-year statute of limitations from the date of the actual act in which to file a lawsuit. However, you should never wait that long to begin the process of the claim. There are going to be witnesses and other evidence that needs to be gathered early on in order to have a stronger claim. As time goes by, memories fade, people move and different things happened that can make pursuing the claim more difficult. Therefore, the need to seek legal counsel and advice early is highly recommended.
What Type Of Insurance Pays Out On A Dog Bite Claim?
Typically, a homeowner’s insurance policy for the dog owner pays the damages in a dog bite claim. There are certain policies that specifically exclude animal attacks but those are rare and usually only in situations where the insurance company knows that the homeowner is housing a dangerous dog.
If the homeowner does not have adequate insurance or any insurance at all, the next things to look at for compensation are assets. That can be a very problematic issue in and of itself. However, in majority of cases the homeowner’s insurance is going to be responsible for paying out on a claim in a dog bite case.
What Information Or Evidence Is Used In A Dog Bite Claim?
The single most important information that can be obtained in a dog bite case is evidence or information concerning the dog’s dangerous propensities in the past. In Texas, there is a “first bite is free” rule. In order to prove a case, you need to demonstrate that the dog owner knew or should have known of dangerous propensities or aggressiveness on part of the dog. In that regard, neighbors, other people who frequently walk the block, maybe family members, others who have seen the dogs loose in the neighborhood or have experienced aggressiveness of the dogs are extremely important. It’s critical to preserve that evidence to pursue the case.
Other forms of evidence including as pictures, medical bills, communication with the neighbors and those types of things are also very important. However, first and foremost in any lawsuit, the most important thing is the evidence that establishes the dangerous propensities of the dog and the owner’s knowledge of those propensities.
How Difficult Is It To Prove The Damages In A Dog Bite Claim?
The difficulty involved in proving damages in a dog bite claim all depend entirely on the case itself. The more time that elapses from the time of the dog bite to retaining counsel, the more difficult it is going to be to prove the case. With the lapse of time memories fade, people move and the willingness to be involved dissipates. Attorney Brad Parker has seen cases where immediately after the dog bite, the witnesses were more than willing to come forward, give statements and provide testimony. Over time, however, the witnesses became less inclined to help out in that regard. It’s extremely important to try and gather this evidence and seek counsel as early as possible.
Can Someone Negotiate A Dog Bite Claim With Insurance On Their Own?
It may be possible to work with the insurance company by yourself, if you have minor injuries sustained from a dog bite. However, if someone has suffered any kind of significant injury, that’s not going to be true. The rule in Texas is going to be the “first bite is free”.
In Attorney Parker’s experience, every dog owner has always claimed, “I had no idea my dog was mean”. All dog owners want to take the position that their pet isn’t dangerous. Therefore, the insurance companies take the position that they are not going to pay on the claim.
Keep in mind, insurance companies are in the business to make money. They do not make money when they pay out money on a claim. They try to minimize or even eliminate the claim completely. Unless you have the assistance of an attorney to help you through this process, they are going to try to take advantage of it and stonewall you at every turn.
How Does An Attorney Assist Someone In A Dog Bite Claim?
With more than 4.7 million dog bites occurring annually across this country, you can see that this is a serious problem. At the Parker Law Firm, they have handled numerous dog bite cases. That experience has shown, that early intervention by a lawyer who is board certified in personal injury trial law is necessary to get the very best result possible.
There are a whole host of things that need to be done in order to pursue the case to the best of its ability and to preserve the evidence that’s there including: taking witness statements; taking pictures; contacting the insurance companies and doctors; obtaining medical records; contacting animal control and local authorities, just to name a few.
With over 30 years of experience in handling personal injury claims involving serious dog bite cases, the Parker Law Firm welcomes the opportunity to visit with and outline your rights and the remedies that might be available to you.
For more information on Statute Of Limitations For Dog Bite Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 503-9200 today.
Talcum Powder Side Effects and Warnings
Talcum powder is a soft white powder made from talc – which is a mineral primarily consisting of magnesium, silicon and oxygen. In its powder form, it absorbs moisture, acts as a deodorant and reduces friction, which results in helping keep skin dry and preventing rashes. Talcum powder is commonly used in cosmetic and consumer products such as baby powder, and adult and facial powder. When in its natural form, it can contain asbestos, which is a substance known to cause cancers in and around the lungs if inhaled.
What Are The Side Effects Of Talcum Powder Use?
Questions concerning the safety of using talcum powder have been raised several times of the last 40 years. Studies as far back as the ’70s have linked the application of talcum powder by women to their genital area to ovarian cancer. When used in the genital area, the particles in talc can travel through the vagina and into the uterus along the fallopian tubes to the ovaries. There the particles can remain embedded in the ovaries for up to eight years. Other side effects include respiratory issues – caused when the powder becomes airborne during normal use. This is most dangerous for infants and can cause wheezing, fast and shallow breathing, and potentially acute or chronic lung irritation. The critical issue is how long was the product used or applied to a particular area.
How Common Is The Use Of Talcum Powder?
The use of talcum powder is very widespread and common. It has been routinely used on babies, children, and adults for everything from diaper rash to foot powder. It has also been used for generations by women who have applied talcum powder to their genital area for hygiene purposes.
What Are The Complaints And Side Effects From The Use Of These Products?
The prolonged and continuous use of products containing talcum powder can cause pain, discomfort and lack of enjoyment of life. Bloating or inflammation of the abdomen, pelvic pain, increased urination, changes in appetite, and feeling tired are among the many symptoms that a woman may experience. Despite talcum powder being used for generations in American bathrooms and nurseries, health-care experts have discovered that long-term exposure to the natural talc fibers can increase the risk of ovarian cancer by as much as 20 – 30%. Ovarian cancer is an aggressive cancer affecting as many as 10,000 women a year.
Why Don’t Talcum Powder Products Have Adequate Warning Labels?
The companies that produce talcum powder are enormous corporations that often times do not put adequate warnings on their products because they put profits over safety. These companies often times weigh the pros and cons of placing proper and adequate warnings when looking at sales. If only a few cases have been filed against them for talcum powder, the cost of settlement for that does not override the loss of sales that might occur if the public knew of the true dangers the product posed. If they are making billions of dollars in sales, paying a couple million for settlement does not harm them.
Has Any Legal Action Been Taken Against The Makers Of Talcum Powder?
There are currently around 1,200 cases against Johnson & Johnson alone accusing it of not adequately informing consumers about the talc-based products’ cancer risk.
When Did The Problems With The Talcum Powder First Start To Surface?
Scientists have known for over 40 years that talcum powder can be dangerous for women who use it frequently. A 2013 report has indicated that women who have used talc over a 10 year period face a 20 – 30% increase in developing ovarian cancer.
What Has Been The Response From Manufacturers?
In one lawsuit, the manufacturer had offered to pay the plaintiff if she promised to sign a nondisclosure agreement in order to keep the claim quiet and not ruin the name of the manufacturer. The overwhelming response has been to do nothing other than defend against the growing number of lawsuits. They claim that if it is safe enough to use on babies then there certainly cannot be anything wrong with talcum powder use by women.
Who Can Make A Claim Or File Lawsuit?
Women or the family of a woman, who has been diagnosed with ovarian cancer which was caused by the use of talcum powder can make a claim or file a lawsuit
For more information on Talcum Powder Lawsuit In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 503-9200 today.
How Trucking Companies Dodge Trucking Laws
The oil boom in the Permian Basin of West Texas is attracting its share of attention in the headlines these days. But not all of the attention is good, especially when it involves an increasing number of trucking accidents that lead to serious injuries and fatalities.
One of the major reasons for the increase in accidents is the larger number of 18-wheelers on the roads traveling to and from West Texas. Another reason is that trucking companies and their drivers are disregarding safety regulations more and more in an attempt to make more money in an industry that has become highly competitive.
One of the most important Federal Motor Carrier Safety Administration (FMCSA) regulations trucking companies and their drivers must abide by is the “restart” provision, which is designed to keep drivers from driving more than 70 hours per week. If the driver does hit 70 hours of drive time, they are obligated by law to rest for 34 consecutive hours, including at least 2 nights of rest from 1-5 AM, when their bodies need to rest and re-focus, according to FMCSA’s Hours of Service Rules. Unfortunately, this law is largely ignored and we are left with tired and inattentive drivers operating trucks that greatly outweigh the average commuter vehicle.
Why are Trucking Companies Disregarding Regulations?
This is a highly competitive industry, especially in Texas. Truck drivers are under an immense amount of pressure to deliver their cargo and to deliver it fast.
Trucking companies usually pay their drivers by the mile, but not for the time they spend inspecting their trucks, resting, or taking any down time for repairs and maintenance. To maximize drive time, driving hours and service regulations are often overlooked and ignored. This results in drowsy, dangerous drivers, and trucks that are not properly maintained. These serious safety breaches can lead to accidents that cause serious injury or death and contribute to the increasing danger on the roadways.
A Continuous, Dangerous Cycle
The business model that dishonest trucking companies follow allows them to cut delivery times, regardless of safety. Companies who do follow the rules lose business because they are at a large disadvantage.
Cheaper, untrained drivers are then hired over well-trained drivers who do follow regulations, and our safety is the sacrifice. Many of these deceitful drivers go from state to state, hiding their accident records, failed drug tests or drunk driving incidents and get rehired.
Drivers Will Explain the Pressure
If you converse with any of the truck drivers, especially those who have lost their jobs, they will tell you about the pressure put on them by trucking companies. Many companies, they claim, completely disregard the safety regulations and procedures.
Often times it is the trucking company, not the driver, who deserves the blame. These drivers are placed in difficult positions and sometimes threatened with their job if they don’t comply with dangerous behaviors that place lives at risk.
Do You Have a Trucking Accident Case?
These types of companies are clearly “aiding, abetting and encouraging” their drivers to disregard safety regulations, and need to be held liable for this practice. At Parker Law Firm, we believe that these companies need to be held accountable for placing of our lives at risk to make a dollar. We are experienced in trucking accidents and we know how to examine all of the evidence to determine if and when safety regulations were disregarded.
If you or a loved one were seriously injured or killed in an accident involving an 18-wheeler and the accident was not your fault, you may be due compensation for your injuries, lost wages, and pain and suffering. Not only will you receive compensation that you deserve, you will aid in holding these underhanded companies responsible for the danger they place drivers in every day. Call us today for a Complimentary Strategy Session.
How To Prevent Your Teen From Driving Distracted
Distracted driving related accidents killed 3,328 United States citizens in 2012 alone.
Also in 2012, distracted driving accidents caused 21% of all the fatal automobile accidents involving teenagers aged 15 to 19 years old. All of these are preventable deaths.
Though you are more than likely aware, distracted driving involves the driver of the vehicle doing any of the following actions while behind the wheel:
- using a cellphone to talk or text
- eating or drinking
- talking to, or looking at, another passenger in the vehicle
- using a GPS system
- watching a video
- adjusting the radio
- grooming in the mirror
Every American who gets behind the wheel of a car and drives on the roadways within our country is increasingly risking their safety. Distracted driving is clearly an epidemic and, without a doubt, a very serious safety issue and risk for all drivers.
Those less experienced are especially susceptible to injuries and fatalities in distracted driving related crashes. Studies have shown, in fact, that younger drivers who have just received their driver’s license have a false sense of security and confidence in their driving ability. This, in turn, places them at a much higher risk.
According to Charlie Klauer (Virginia Tech Transportation Institute leader), stated that,
“…novice drivers are more likely to engage in high-risk secondary tasks more frequently over time as they become more comfortable with driving.”
Studies show that this rate of secondary task engagement (as listed above) that teens engage in is one of the leading causes of auto accidents. This should lead all of us to do more to deter teens from this dangerous practice. We need to be talking to, and teaching, teens the rules of the road and safe driving behavior.
Here are some things parents can do to help prevent their teenagers from driving distracted, and perhaps save a life:
- Install a monitoring system in their car and make them aware of the system. These can be purchased at discounted prices from some insurance companies.
- Make sure they are aware of the laws in Texas, or the state you reside in. Make sure they are also fully aware of the consequences and penalties for distracted driving.
- Make sure you are setting the right example by putting your phone away and focusing on the road one hundred percent of the time you are driving.
- Take a pledge or sign a contract as a family to always drive phone-free and encourage friends to do the same.
No matter what the specific cause of an automobile accident is, if there was a distracted driver at fault, that driver could be held responsible for injuries of those involved. If you or a loved one are seriously injured or a life has been lost in such an accident, contact the Parker Law Firm. You will find legal counsel that is experienced in distracted driving cases. Not only this, we truly care about people and we put our clients first. Call us at (817) 503-9200 for a Complimentary Strategy Session today.
How To Prepare Your Home For Springtime Storms
Protect Your Home From a Storm
Spring is now upon us and with it comes more frequent—and more powerful—thunderstorms. Texas is known for its big weather and the millions of dollars in damages storms cause each year. Dealing with property damage resulting from a storm can be difficult and emotional, that’s why we’ve prepared a quick guide that details how to prepare your home for an incoming thunderstorm. It is our hope that this guide will help you mitigate potential storm damages and prepare you to deal with the insurance adjustors that will undoubtedly offer you as little compensation as they can.
Preparation is the key to defeating the potential costs of weather damage. Try to find a nice day near the end of winter where you can clean up the outside of your home to prepare it for the rigors of spring. Follow these basic steps to make sure that your home is ready for spring thunderstorms.
Trim any dead limbs from surrounding trees. Dead tree limbs can break in high winds and become large pieces of flying debris that will break windows and damage cars. Be sure to trim any limbs that are above your home, driveway, or any other structures that may be damaged by falling limbs.
Consider purchasing operable shutters for your home. The difference between operable shutters and static shutters is that operable shutters can close, thus protecting your windows from flying debris and hail.
Clean up any trash or small items that may be cluttering your property. In a high wind scenario, small objects immediately become potential debris hazards.
Get your roof inspected. If your roof is weak, then it is not equipped to handle a large hail storm. Find a local and reputable roofing contractor to inspect your roof and assess its overall health. If you have a weak roof, then holes can result from large hail. Once your roof has holes in it, then a whole new world of internal home damage can occur. If you have contracted a roofer to reinforce your roof, keep a detailed receipt of their services so that you know the full value of your new roof. This may come in handy if your roof suffers significant damage during a storm.
If you have a car port instead of a garage, make sure that the supporting structures are stable and that the roof is in sturdy condition. If your car port that has a poor support system, then it is more likely to fail under high winds and heavy rains.
After all of these steps have been taken to strengthen your home, carefully inspect every inch of your house, both on the inside and the outside. While you are conducting your inspection, be sure to take detailed photographs so that your property is completely and entirely recorded on camera. In the event of storm damage, insurance companies will ask you for photographic evidence of damaged items and property as proof of loss, and you need to be prepared to prove which items were damaged to maximize your insurance payout.
Unfortunately, insurance companies are notorious for undervaluing your property and your loss to cut their costs. In the event that your insurance provider accuses you of overstating the value of your property, or fails to offer a fair and reasonable reimbursement, call the Parker Law Firm. Our firm handles property damage claims and is adept at dealing with stubborn insurance companies. We will fight tooth and nail to make sure that you receive a fair settlement and that you are reimbursed for the total cost of your damaged property. At the Parker Law Firm, people matter. Call us today for your Complimentary Strategy Session at (817) 503-9200.
How To Drive Safely On Icy Roads
According to the U.S. Department of Transportation, weather related traffic accidents accounted for 1,311,970 traffic accidents and 6,253 deaths from 2002 to 2012. Of those fatalities, 1,152 were caused by ice covered, or slushy roads. Since winter is fast approaching and the temperatures begin to drop, the Parker Law Firm has some tips to help you safely operate your vehicle in sub-freezing conditions.
- Drive more slowly and allow three times more space between you and the vehicle you are following. The added distance will give you more time to stop without rear-ending the car in front of you.
- When you have to stop your vehicle, break gently to avoid skidding. If the roads are icy you should never break abruptly, as this will most likely lead to your car sliding out of control.
- When driving in the snow or sleet, it is important to consider your visibility. Before you leave your house, make sure that your windshield is clean, your windshield wipers are in working order and that your headlights are on. Increased visibility can help you avoid breaking quickly and skidding.
- Before hitting the road, warm up your car and make sure that the windshield has been scraped clean of all ice. Keeping your mirrors and windows defrosted will also help your visibility.
- Avoid using cruise control and operate your car in the lower gears. Driving your vehicle in low gear will give you more traction and this is imperative when driving on icy hills or mountain roads.
- Use extreme caution when driving over an icy bridge or overpass. Even if the temperature is above freezing, bridges can retain icy much longer than grounded roads.
- Do not pass snow plows or sanding trucks. First, the road in front of the sanding truck is more likely worse than it is behind it. Second, these trucks have poor visibility and passing any vehicle—especially large ones—in icy conditions is extremely dangerous.
If you or a loved one is involved in a traffic accident that has resulted from inclement weather, the first thing you need to do is seek proper medical attention. After ensuring that you and your family are safe, call the Parker Law Firm for a Complimentary Strategy Session. We have a team of seasoned traffic accident attorneys that will discuss your situation with you, and help you determine the best course of action. At the Parker Law Firm, People Matter, and our primary concern is your safety and fair treatment under the law.
Could A Recovering Economy Increase Accident Fatality Rates?
As the economy recovers, accident rates could rise again. Over the past two years, accident rates in many areas of the country have dropped due to fewer vehicles on the road. However, as people find work the number of traffic fatalities may increase with the higher number of cars on the road.
Over the past six years, traffic fatalities dropped 26 percent, from 43,510 to 32,310. Analysts are predicting that as the economy strengthens and more people are on the road for work and vacations and others return to their old habits of driving without worrying about the cost, there will be a rise in the number of traffic accidents and deaths.
One of the first things that people do when the economy begins to recover is to drive and travel more. When times get hard, people stop driving gas-guzzlers, like sports utility vehicles and pickup trucks, even though they are larger and safer vehicles, and move toward purchasing smaller fuel- efficient sedans. Smaller cars, although less expensive to run, increase a person’s injury and fatality risks.
Common Questions About Hit And Run Accidents In Texas
What Classifies As A Hit And Run Accident In The State Of Texas?
Any time someone makes physical contact with their car against your car and then flees the scene that is a hit and run.
What Are Some Misunderstandings Or Misconceptions People Have About Hit And Run Accidents?
The biggest misconception is that they can somehow figure out who hit you. Unless you have witnessed or unless someone comes forward, the chances of finding out who actually hit you are pretty slim. That is all the more reason to get a Bedford car accident attorney involved immediately.
Also, even if you have UI/UIM coverage, you have to be sure that you can prove that the damage to your car was as a result of a hit and run as opposed to just maybe you running into something and claiming it was a hit and run. Remember, the insurance company always wants to blame you. Some people do not understand even though it was a hit and run, there may not be much that can be done about it or that they are going to have to fight their own insurance company to even get compensated.
What Is The Role Of An Attorney In These Cases?
If you truly cannot locate the person who hit you, then you may need an attorney to just focus on the UI/UIM coverage that hopefully you have purchased. Unfortunately, a lot of times people try to save money and do not purchase UI/UIM insurance, in which case there is not much that can be done.
Who Can Be Held Responsible In A Fort Worth Hit-and-run Accident If You Cannot Find The Person Who Hit You?
If you cannot find the person who hit you and ran, then nobody is going to be held responsible. You can hope to recover under your UI/UIM coverage if you purchased it. IF you have not, then there is absolutely nothing that can be done. Even if you have purchased it, you still might have a fight on your hands with your own insurance company when they dispute the fact that someone else actually hit your car.
Does the Uninsured Underinsured Motorist Coverage Cover Hit and Run Accidents As Well?
It does as long as there was physical contact between the automobiles. Often times, people might call a hit and run where a pickup truck is driving in front of them and it is moving a bunch of furniture and a piece of the furniture falls out into the road right in front of you and you hit it, the truck driver continues to move on without even realizing what just happened. They might not even know until they get to their location that they have lost part of their furniture. In that situation, the UI/UIM insurance will not cover because there was no physical contact between the automobiles. Something falling out of a truck which is not part of the vehicle does not count for purposes of UI/UIM coverage.
If There Is No Evidence Or Witness To The Accident, Is There Really Anything That You Can Do Outside Of The Uninsured, Underinsured Motorist Coverage To Recoup Anything Financially?
The only thing that you can do is to find some camera that might have caught the accident or someone comes forward. If there are no witnesses and you cannot identify the vehicle that hit you, then there is not much you can do. That is why you need to have your own insurance to make sure you are covered.
Can Someone Recover Any Compensation For Any Injuries Or Damages From A Hit And Run Accident Or Uninsured Motorist Accident? Why Do You Still Need An Attorney?
You probably do not need an attorney in that type of situation and you probably will not even be able to find an attorney who would help you. However, that does not mean that you should not contact an attorney because there could be some angles to look at that you as a layperson may not appreciate because you are not in this business. By contacting a car accident attorney, you can check to be sure that you have covered all of your options. Many times, an attorney may not be able to help, but they can at least give you the comfort of knowing that you have tried everything.
Get Answers to Common Questions about Hit and Run Accidents in Texas or call the Parker Law Firm for a Complimentary Personal Injury Strategy Session at (817) 503-9200 and get the information and legal answers you’re seeking.