Texas Truck Wreck Attorney Blog

Personal injuries and auto accidents unfortunately go hand in hand. Although the word 'accident' implies that a collision is something akin to an 'act of God' and out of the hands of we mortals to do much more than experience - in fact, accidents are usually the result of someone's negligence and somewhere along the line blame will be assigned.

This is done, in part, to ensure that injured parties are made as whole as possible through the legal process - although often accident results result in life changing events including catastrophic injuries and even death. In that case - the most one can hope for is a personal injury settlement that brings some sense of justice to the injured party and eases their physical and/or emotional pain.

Most persons are unaware that not all auto accidents can be considered 'personal injury' even if there are obvious physical and psychological injuries. In order for one to be able to sue for 'personal injury' they must be able to show that there was negligence of some sort.

Now, negligence is a nearly global term that includes such things as intoxicated driving or distracted driving. But there are a host of other behaviors that qualify as negligent as well -and too many to list in this short electronic journal to be sure.

Yes, personal injuries and auto accidents go hand in hand - attentive and cautious driving will go a long way towards helping you avoid either one.

Continue reading "What is Personal Injury" »

Most Los Angeles car accident lawyers will confess that car accidents will continue to happen in Los Angeles so long as drivers and pedestrians continue to fight their way through crowded streets. After being injured in an accident you should expect to hear from an insurance adjuster.

Don't be fooled by their friendly voice and compliments. This misconception can significantly hurt your claim if you walk into their trap. The cold reality is that an insurance adjuster is not your friend. His job is to settle your case for as little money as possible.

The sole purpose of an insurance adjuster is to make as much money possible for the insurance company. Whenever an insurance adjuster saves the company money he is passing those savings on to the shareholders. An adjuster's act of being kind is one of their many tricks they have been trained to use.

When talking with an adjuster it is important to be mindful of what you say. Some adjusters will record your statements to use them against you at a later date. Their tactics in negotiation claims can be very cleaver.

If your accident happened in California, you will need to keep in mind the statute of limitations for your injury claim. This is the expiration date for your claim. If you wait too long your statute of limitations will expire and you will not be able to recover anything for your accident.

Continue reading "What is Behind an Insurance Adjuster's Phony Smile?" »

For regular television viewers - commercials for insurance companies seem to air several times an hour. Who doesn't know one or two of the more popular jingles? Who can't identify unusual mascot spokespersons for others?

And there's one company that must add a new segment each week with a kooky saleswoman spewing clever sales advice? All these ads may convince the consumer that the insurance business is a 'warm and fuzzy' one with the best interest of its customers at heart - unfortunately, often nothing can be further from the truth.

Insurance company bad acts in claims handling and deceptive practices - well, if not rampant certainly more common than the consumer is aware of - impacts consumers in all areas of their daily lives - from purchasing the correct amount to meet their home, life, and vehicle needs to filing claims that are rejected for minor and unexpected reasons.

Meanwhile, insurance companies rake in billions of dollars in profits - from the premiums of their customers who often loyally and without hesitation send off their monthly payments fully trusting that if there comes a time they are in need (heaven forbid) - then their insurance company will be there for them.

Well here is an example of when they were not. An insurance company balked at paying the medical bills of an accident victim because they offered that perhaps the man's physical maladies were not the cause of the accident - one in which the gentleman was in a driver's side impact collision that required two neck surgeries to repair his bodily injuries.

So they sent him to a doctor who makes a good part of his money in helping insurance companies deny claims-never mind the 2 treating doctors. The doctor's opinions are the same on pretty much each and every case he handles for the insurance company- they should not have operated, the victims condition already existed and the wreck was not the cause.

Unfortunately, this scenario repeats itself daily as it seems insurance companies are more willing to pay your premiums to unethical doctors and others to find ways to avoid paying accident victims than actually meeting their obligations.

Do not allow yourself to be bullied by your insurance company if you are in an accident find a good personal injury attorney.

Continue reading "Doctors Hired By Insurance Companies to Deny Claims" »

Everyone or almost everyone has heard the term frivolous lawsuit. With such term comes a picture of someone bringing a lawsuit without any merit or real basis in fact.

In Texas we had pretty major "tort reform" over six years ago and the results are startling. First, despite promises of reduced insurance premiums, premiums in Texas continued to rise- sometimes in double digits each year. What really happened were insurance companies made Texas a honey hole profit center.

Next, a unique phenomenon occurred, the frivolous defense.

Today, post tort reform, Texas consumers find that they must hire a lawyer to present many straightforward and meritorious claims that should have been settled.

You're stopped at a stop sign and get rear-ended by another driver who is texting, you don't agree with the property damage settlement for your wrecked car offered by the insurance company -- tough.

"Sue us" is what you will hear.

Incur medical bills because you are hit by a drunk driver or negligent party -be prepared to be required to hire a lawyer and file suit in order to be treated fairly and then your case must bear the burden of litigation expenses due to the frivolous defense that tort reform has created.

The reality of "tort reform" is that families are forced to hire personal injury attorneys to achieve any fairness in a clear liability matter that should have been settled. And, the law firm more and more often is required to file suit to obtain justice for the clients.

Just this week, I read an article by a Houston personal injury attorney who told the story of a teenage boy injured when his family's vehicle was struck from behind at a stop sign. The boy sustained a head injury and had eight stitches with a permanent scar. The offer from the insurance company --they offered to pay 80% of his medical expenses. Nothing for pain or trauma, nothing for scar, nothing for the head injury and the victims family was expected to incur 20% of the medical costs out of their own pocket for the privilege of being a victim of someone insured by this insurance company.

Hence, the frivolous defense is born in Texas by tort reform. It may have sounded good at the time, but when Texas families are the loser to insurance company greed- it is high time for a change.

Many reading this article will not be moved by the truth until they have to actually deal with an insurer in Texas- then it will be a painful eye opener.

Medical costs associated with any type of vehicle collision are never insignificant and with truck accidents often are out of sight.

There is no shortage of statistics and reputable organizations to provide them in this country.

For instance, in an article in Money Magazine two years ago they cited the AAA findings that place the annual costs of accidents at $164.2 billion dollars or $1,051 per person.

These figures include the actual costs of short and long term medical care, emergency and police services, property damage, lost productivity and quality of life.

So what are the costs of authentic hospital tests? And what types of injuries call for their use? In fact, this topic is so complex that no simple answers are possible.

However, let it suffice to say that there is not enough room in this blog to provide sufficient answers. In the following few blogs though we shall consider the costs and use of MRIs, CAT scans, X Rays, orthopedic procedures, bone imaging, and ER visits.

Perhaps a better understanding of the price tag medical emergency services will give drivers a reason to redouble their efforts to drive defensively.

Unfortunately this does not even take into consideration the cost of increased vehicle insurance to offset these figures or the impact accidents have on a family finding themselves having to replace a car that has been declared a total loss.

Very rarely in Texas is the victim made whole on a property damage claim. Why is that? The answer is that consumers in Texas no longer have much legal recourse against their own insurance company when their own insurer treats them poorly.

Or sure you can litigate with your insurance company your property damage claim but they do not have to pay your attorney's fees.

It is time Texans demand that our elected representatives let us hold accountable the insurance companies who take our hard earned money.

Continue reading "Emergency Room Costs are they Excessive in Texas?" »

You have been hurt in a car accident, and the other persons insurance company is on the phone- what do you need to know?

First, you need to understand that the insurance adjuster is on the other side and wants to pay you as little as possible. Do not trust that the adjuster has your interests at heart-they don't.

Second, what you say truly can hurt you. It is important to be truthful, with the insurance adjuster and it is best to talk with a Houston car injury claims attorney prior to giving any recorded statement.

Third, follow up with your doctors and heed their treatment advice. Large lapses in treatment will result in the insurance company discounting your claim.

Forth, get photographs of the automobile accident site, the damaged part of your car, the other person's car and any visible injuries.

Fifth, keep all paperwork, witness names and numbers, the officers name and case number and of course the insurance information of the other driver.

Sixth, realize that your own auto insurance policy may provide benefits to you independent of the at fault drivers insurance in car accident injury claims. You pay for it- if you have it, use it.

Seventh, just because, you were released from the emergency room does not mean you are going to be fine. Emergency rooms are designed for emergencies, not ongoing treatment and x-rays do not show some common serious spinal cord injuries like herniated discs on Ct scans or MRI will diagnose a bulge or herniated disc. If you still are having issues go to a doctor of your choosing.

Eighth, never ever contemplate setting your auto accident injury claim until you have been released from your doctor and feel fine, or you have a good handle on what the future will be medically.

Ninth, unless your case is one where the insurance company has big exposure-(a drunk driver hits you, you had to have surgery from the accident and have big bills, you were hit by an 18 wheeler that was at fault in a major wreck) your auto accident injury claim will be just another claim in the computer to the adjuster.

Tenth, if you have been seriously injured, get a no obligation consultation with a reputable Houston car accident injury claim lawyer.