When you’ve been involved in an accident, calling a car accident lawyer may not be your first thought, especially if the visible damage and immediate injuries seem small. However, it may be wise to err on the side of caution when so much is on the line.

What, at first, seems like a minor fender bender can quickly become a life-changing event. Just the legwork of informing lienholders, documenting damages, and managing the stressful negotiation with the insurance company’s experts can quickly take over your life.

When you are injured and inundated with medical bills, these headaches and delays are the last things you need. So, when is it the right time to call an auto accident attorney?

You Should Contact an Attorney If:

• You have suffered serious injuries which may cause long-term disability.
• You have medical bills of more than $3000.
• You have or will have lost wages because of your injuries.
• You believe there may be (or should be) a car accident lawsuit.
• There is disputed liability and/or the insurance company refuses to pay.
• You need an advocate to protect your interests.

Immediately After the Accident Contact a Lawyer

The best time to contact an attorney is immediately. The evidence is still available, and you can avoid some of the common mistakes insurance companies would like you to make.

Until you can get the advice of a car accident lawyer, keep these tips in mind:

• Remain silent about who is to blame. Even an apology might be used against you.
• Call 911 to obtain medical help for any injured persons.
• Exchange insurance information with the other driver(s).
• Take pictures and make notes, document what other people say, and gather contact information from any witnesses.
• Seek medical attention for yourself.
• Do not sign anything from the insurance company.

Why Is It Better to Consult a Lawyer?

While some minor variations exist by state, most cases where compensation is awarded must meet four basic legal elements:

• Duty
• Breach
• Causation
• Harm

Your attorney understands how to determine if these elements apply to your case and how to prove them in court. This expertise will help you obtain the full and fair compensation you need to move on with your life.

Duty is seldom a matter of argument because drivers have a legal obligation to operate their vehicle in a safe manner and to comply with the rules of the road. They must travel at a safe speed, maintain control, be attentive, and use signals and headlights. Their duty is clear.

Breach is often a matter of contention. Did drivers fail in (or breach) their duty to operate their vehicles in a safe and lawful manner? Witness testimony, traffic camera footage, police reports, and physical evidence from the scene may be used to prove this element.

Cause is demonstrated when the breach of duty is directly linked to the resulting injuries and property damage. This might involve a medical expert evaluation or testimony to demonstrate that the injuries you sustained are consistent with the type of accident and that they were not pre-existing.

Harm is the final element necessary to obtain compensation. You must have been injured or sustained a loss to be legally compensated. However, there are many types of harm and, therefore, many types of compensation available for the specific losses you might experience.

What Exactly Will Your Attorney Do?

There are many tasks and responsibilities that your attorney will handle for you. Some of these include:

• Managing communication with the insurance companies
• Locating, cataloging, and storing evidence related to your case
• Organizing medical records and tracking expenses
• Finding medical experts or expert witnesses as needed
• Working with lienholders to reduce or satisfy liens on damaged vehicles
• Creating and filing necessary legal paperwork
• Negotiating a fair settlement on your behalf

What Types of Compensation Can You Receive?

If you are injured in an accident, there are more types of compensation to consider than you might think of on your own. Experienced car accident law firms know how to negotiate a full and complete package that protects your financial future.

Compensatory damages are intended to compensate you for financial losses resulting from the accident. These might include:

• Medical expenses
• Lost wages
• Loss of future earning capacity
• Property damage including car repairs, towing, and damaged contents

General damages are other types of harm caused by the accident which are more subjective and, therefore, more difficult to prove. These include:

• Pain and suffering
• Emotional distress or mental trauma
• Inability to have children as a result of your injuries
• Loss of extremities (arm, leg, hand, eye)
• Wrongful death, disfigurement, or permanent disability
• Loss of affection/companionship/consortium

Should You Wait to Contact a Car Accident Lawyer?

In the aftermath of an accident, you may be in a state of shock, especially if you have been injured. While you are still trying to deal with this alarming and traumatic experience, the insurance company is already at work. It has experts standing by to protect its interests. Devaluing your claim and settling quickly is its area of expertise.

You may be told you don’t need an attorney or that there are “standard formulas” which will determine your settlement amount. The insurance company would like to find you at least partially at fault because this will drastically reduce the amount of compensation to which you are entitled. This is why it is wise to have an attorney to manage the communication so that you don’t mistakenly say the wrong thing or sign anything that limits your ability to be justly compensated.

While the insurance company is expected to look out for its bottom line, you are entitled to expert help as well. Its lawyers will begin work immediately, and your advocate should be there, too. Waiting to contact an attorney gives the advantage to the other team, but calling an experienced personal injury law firm levels the playing field.

How Much Does It Cost to Have Expert Legal Representation?

Many people mistakenly believe they cannot afford the legal help they need, but, in most cases, you can have an expert auto accident attorney on your side with a no fee unless you win your case.

With an attorney on your side, you are more likely to receive a larger settlement offer from the insurance company for two reasons:

• Your attorney will make sure all of your damages and losses are included in the claim and fully documented.
• Insurance companies respect law firms that have a winning record in court, and they would rather pay a fair settlement than risk a courtroom battle they might lose.

Meanwhile, you have the ability to focus on healing, returning to work or school, and taking care of your family. Without any upfront cost, you can return to normalcy sooner and know that you are getting the best settlement possible in your situation. These benefits more than make up for the percentage fee the attorney gets when you receive your compensation.

Anyone injured in an accident has the right and ability to have expert legal representation when they choose an experienced law firm that offers free consultations and this type of no-fee-unless-you-win policy. There’s no reason to go it alone.

Call the Best and Get Some Rest

There is a sense of relief and empowerment when you have a car accident lawyer on your side. At Schechter, McElwee, Shaffer & Harris, L.L.P., your first consultation is entirely free. We are standing by to look out for your interests, and our record speaks for itself. We will make sure you get the full compensation you deserve and make the process as stress-free as it can be.

With our experts to manage your settlement negotiation, a lawsuit will probably not be needed, but, in the event it becomes necessary, we will fight for your just compensation to ensure your future is secure. If you’ve been injured, reach out to us today and let our winning teamwork for you!

Driving a vehicle requires your full attention at all times. Yet, as we become more accustomed to driving and relying on the latest technologies and safety features, we tend to forget about paying attention all the time. It is easy to get distracted and take our eyes off the road for a few seconds or reach to change the radio station. You may even feel bored and start to daydream.

According to the National Highway Traffic Safety Administration, or NHTSA, in 2016, there were 3,450 people killed by distracted driving accidents. In 2015, the NHTSA reported there were 391,000 people injured by distracted driving accidents.¹

There are three generalized types of distracted driving that could result in car accidents: visual distractions, manual distractions, and cognitive distractions. It is best to look at each of these distractions individually. Then we will look at certain situations where a driver could be engaging in distracted driving that falls into more than one of these categories.

Visual Distractions

Visual distractions are any types of distractions that take your eyes off the road for any period of time. This could include doing any of the following:

• Looking at the GPS display.
• Glancing at your smartphone display for incoming text messages.
• Using the rearview mirror to put on makeup or shave.
• Looking down at the floor for something you dropped.
• Looking at the infotainment screen to adjust climate controls or change radio stations.
• Looking at a car accident scene as you drive past it.

Manual Distractions

Manual distractions are those distractions where you need to remove one or both hands from the steering wheel for any length of time. Some common manual distractions are:

• Eating food and drinking beverages.
• Adjusting your seatbelt.
• Reaching into the back seat to get something.
• Attempting to get something out of your pocket, like your smartphone or wallet.
• Trying to find something in your purse, backpack or briefcase.
• Smoking tobacco products or using a vaping device.
• Handing your child an item or food.
• Using the touchscreen on your infotainment system.
• Typing text messages on your smartphone.

Cognitive Distractions

Cognitive distractions are those that take your mind off driving and paying attention to the road and other drivers. These types of distractions could include:

• Daydreaming, drowsy driving, or falling asleep.
• Talking to others in the car.
• Thinking about things you need to do.
• Thinking about an upsetting situation or problem you are facing.
• Getting angry while driving—road rage.
• Driving while under the influence of drugs or alcohol.

Combination Distractions

As you can see from our examples above, some of the distractions could fall into multiple categories. One of the most frequent distractions drivers commit is texting while driving. Texting while driving falls under all three categories, and it takes your eyes off the road, requires you to take at least one hand off the wheel, and requires you to think about the text conversation rather than on your driving.

Another type of combination distraction that is equally as bad as texting while driving is using your smartphone to browse and post social media status updates. This bad driving habit also falls into all three categories.

The Consequences of Distracted Driving

You might not think much about the consequence of distracted driving as you are sipping on your morning coffee while driving to work in rush hour traffic. You may even pass people on the freeway who are looking down at their smartphones and texting. However, what would happen if you went to reach for your coffee and dropped it onto your lap instead? What if the driver you are passing, who is texting, suddenly swerves into your lane?

According to the NHTSA, most drivers have engaged in one or more forms of distracted driving at some point. Younger and inexperienced drivers under the age of 20 have the highest proportion of distracted driving fatalities. Yet, they are not alone, and there are over 800,000 vehicles on the road at any given time that are being driven by someone with a smartphone.²

If you are involved in a distracted driving accident and were responsible for causing it, there can be very serious consequences. Depending on the number of damages and personal injuries caused, you could be looking at one or more of the following:

• Being issued a ticket by law enforcement for distracted driving.
• Having your car insurance rates increase because of the accident.
• Being sued by the other parties and their car accident lawyers for any damages and injuries you caused them.
• Being responsible for the death of other drivers or their passengers.
• Being charged with intoxicated manslaughter or vehicular manslaughter.

Do you really want to be responsible for causing serious personal injuries or even death to another driver on the road simply because you had to read or send a text message or engage in some other form of distracted driving? It is always better to practice safe driving habits to avoid distractions.

Tips for Preventing Distracted Driving

• Put the smartphone down. There is no phone call, text message, or social media update that cannot wait until you are not driving.
• Pull over and get off the road. If you absolutely have to take that phone call, read a text message, put on makeup, or anything else, do it while parked in a safe location.
• Keep personal disagreement and arguments out of the car. Disagreements and arguments should not be engaged in while driving, as they take your mind off the road. They can also anger you and set off road rage.
• Make all adjustments before driving. Adjust mirrors, climate controls, and the radio station; plug in hands-free devices; and program the GPS before you put the car in drive.
• Avoid eating and drinking while driving. If you are hungry, stop and take ten minutes to enjoy your meal while parked in your car. If you are thirsty, avoid reaching for your drink while the car is in motion.
• Take advantage of modern technologies. Most new vehicles include hands-free options for your smartphone so you can talk and text using your voice with the appropriate infotainment app. In addition, you will find buttons to change radio stations, speaker volume, and other things all on the steering wheel so you don’t have to take your hands off the wheel or your eyes off the road.
• Make sure you are well rested. If you are tired, don’t get behind the wheel. If you find you are drifting off to sleep, pull over and park in a safe location where you can take a short
• Don’t drive while under the influence. Even if you seem fine, it is better to rely on a designated driver, taxi, or ride-share service to get where you need to go.

Texas Distracted Driving Laws

In recent years, Texas has made changes to its distracted driving laws. As of September 1, 2017, reading, writing, or sending text messages while driving is illegal. However, it is not against the law to use hands-free options to talk or read, write, or send text messages.

For drivers under the age of 18, any cell phone or smartphone usage while driving, including hands-free options, is against the law. Furthermore, the use of cellular devices is illegal when driving through school zones, and bus drivers are prohibited from using their cell phones and smartphones while driving.³

Getting Help from a Car Accident Lawyer

If you are involved in a distracted driving accident, it is worth your time to speak to a car accident lawyer as soon as possible. Texas uses what is called the comparative negligence rule. What this means is, even if you were partially at fault, you can still seek damages from the other driver, as long as he or she was 51% or more responsible.

Another reason you will want to get help from an auto accident attorney is to ensure you receive a fair and just settlement amount. Insurance companies have their own lawyers on retainer that they refer to for advice on how to get you to settle for the least amount possible. It only makes sense to get your own legal advice and representation to protect your rights and interests.

For a FREE consultation appointment with one of our Houston TX auto accident attorneys, please contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713.574.5089 today!

Sources:

1. https://www.nhtsa.gov/risky-driving/distracted-driving
2. http://www.nhtsa.gov.edgesuite-staging.net/Driving+Safety/Distracted+Driving/Policy+Statement+and+Compiled+FAQs+on+Distracted+Driving
3. https://www.txdot.gov/inside-txdot/media-center/statewide-news/018-2017.html

Typically, when we think about being in a car accident, we imagine it is just with one other driver. However, with the increase in distracted driving accidents in recent years, there is also a growing number of multicar pileup car accidents.

A multicar pileup is where a car accident involving one or two vehicles sets off a chain reaction that ends up causing other vehicles to crash. These types of accidents can cause serious injuries and fatalities. Aside from distracted driving, there can be other causes of chain reaction car accidents, including:

• Reduced visibility from fog, heavy rain, or snow.
• Poor road conditions from various weather conditions.
• Driving at excessive speeds.
• Following too closely.
• Weaving in and out of traffic.
• Driving while under the influence of drugs and/or alcohol.
• Defects to the vehicle—like when the braking system stops working.

In Texas, one of the worst multicar pileup car accidents on record occurred on November 22, 2012. The accident was on Interstate 10 near the Jefferson County line. It resulted in a 150-vehicle accident, resulting in over a hundred injuries and two deaths. The cause of the multicar pileup was due to foggy weather.¹

Another of the worst multicar pileup car accident in Texas occurred on December 2, 1994. It involved 127 vehicles from a blinding glare and rain-slick roads. The accident happened on Interstate 35 in San Antonio. Fortunately, no one died, but there were 67 people injured.¹

Steps to Take After Being in a Multicar Pileup Accident

Our car accident injury lawyers recommend the following steps you should take after being in a multicar chain reaction car accident. The steps are very similar to the steps you would take after being in a “normal” car accident.

1. After the collisions stop, call 911 if you can. Let the operator know you have been involved in a multicar pileup involving numerous vehicles.
2. Request medical attention. Let the 911 operator know to dispatch an ambulance for medical care. Even if you don’t feel like you are injured, your injuries could be masked by an increase in adrenaline—the body’s flight or fight response.
3. Exit your vehicle and verify if any other drivers require serious medical attention. If you can get out of your vehicle, look and see if anyone is seriously injured. Inform the 911 operator if you notice anyone who appears trapped or severely injured.
4. DO NOT move anyone who is injured unless they are in imminent danger as from a fire. The extent of injuries are not always known, and moving a person could cause further injuries. Even though you are attempting to be a Good Samaritan, your actions could leave you at fault later.
5. Move to a safe location away from the accident. During a multicar pileup, gasoline and other flammable fluids could be leaking onto the ground and could start on fire. You want to make sure, as a precaution, that you do not remain in your vehicle or near it.
6. Record your account of what occurred while it is fresh in your mind. Use your smartphone to either write out or verbally record what happened. You will need to give the police a statement, so it is important to get your facts straight.
7. Take pictures of the accident scene. It is a good idea to take as many pictures as possible of the accident. Your pictures can be beneficial, later, for filing your insurance claim and/or seeking personal injury damages.
8. Depending on the number of vehicles involved, exchange contact details and insurance details with everyone involved. For larger pileups, this is not always possible, but do try to get as many names and information as possible.
9. Get the names and contact details of any witnesses. Witness testimony may be necessary to help prove who is at fault for causing the multicar pileup car accident.
10. Get the name, badge number, and police report number for the police officer. There may be numerous police officers dispatched that are taking everyone’s statement. Make sure to get the details for the officer you spoke to directly.
11. Contact an auto accident lawyer. You will want to speak to a vehicle accident attorney as soon as possible, for assistance in filing your claim for personal injuries and other damages.

Determining Who Is At Fault for a Multicar Pileup Car Accident

 Determining fault in a car accident like this can be rather difficult. The first thing you will need to determine is how the chain reaction car accident was set off. Did the driver in front of you suddenly stop without warning? Were you following too closely and hit them, and then pushed them into another vehicle? Was the driver behind you following too close and hit you?

Assigning fault is not always a simple and easy process in multicar pileup car accidents. Every accident can have its own unique set of circumstances. To help give you a better idea of how fault works, let’s look at a few examples.

Example 1: Driver 1 Is Rear-Ended by Driver 2

Driver 1 is rear-ended by Driver 2. Driver 3 was following too closely behind Driver 2 and hits him, causing another impact to Driver 1. If Driver 1 felt both impacts from Drivers 2 and 3, he could potentially seek personal injury damages from both drivers.

Example 2: Driver 2 Is Rear-Ended by Driver 3

Driver 3 rear-ended Driver 2, and the force of the impact pushes Driver 2 into Driver 1. Since Driver 3 was not paying attention, then both Driver 2 and Driver 1 could seek damages against Driver 3.

Example 3: Driver 4 Sets Off the Chain Reaction Accident

Driver 4 is driving safely and sees Driver 3 put on his brakes. Driver 4 goes to apply her brakes and they do not work. Instead of slowing down, the vehicle starts accelerating. Now Driver 4 slams into the back of Driver 3, who hits Driver 2, who hits Driver 1, who hits a pedestrian crossing the street.

In this chain reaction accident, it might seem like Driver 4 would be entirely at fault. However, if Driver 4 can establish that the cause of the accident was due to a defective vehicle, then all four drivers and the pedestrian could have grounds to sue the auto manufacturer, parts manufacturer, the car dealer that sold Driver 4 the vehicle or whoever installed the defective braking system.

Why You Should Consult with an Auto Accident Lawyer

As can be seen, finding fault after a multicar pileup accident is not a straightforward process. This is why it is in your best interests to consult with car accident injury lawyers. In Texas, establishing fault after an auto accident involves assigning each driver a percentage of fault using what is called modified comparative negligence.

This means each person involved in the accident could be assigned a percentage of the fault. For instance, if Driver 4 set off the entire chain reaction, she may be found 100% at fault. On the other hand, if Driver 2 was following too closely and hit Driver 1, and Driver 3 was texting and driving and slammed into Driver 2, then Driver 2 and Driver 3 could be found to be equally 50% at fault in regards to Driver 1’s injuries.

Is Fault Always Assigned in Multicar Pileup Car Accidents?

In most cases, fault will be assigned after a multicar pileup car accident. This is so insurance companies and car accident injury lawyers can work out settlements. However, there are a few exceptions where fault may not always be assigned.

For instance, it is a foggy day and a deer walks out onto the road. A driver does not notice the deer until it is too late and he hits the animal and comes to a complete stop. This sets off a chain reaction of one vehicle rear-ending another. Before you know it, numerous vehicles have crashed into each other. Since the deer and foggy conditions were responsible for causing the chain-reaction car accident, then no one may be found at fault.

Please keep in mind, even in cases where no one is found at fault, you will want to ensure you receive a fair settlement from your insurance company for your personal injuries and damages. The best way to make sure you receive everything you are due is with help from an auto accident lawyer.

If you or someone you care about was injured in a multicar pileup car accident, truck accident, motorcycle accident, or another vehicle accident, please contact Schechter, McElwee, Shaffer & Harris, L.L.P. by calling 713.574.5089 for a FREE consultation today! Our Houston TX car accident injury lawyers are available to speak to you 24/7!

Source:

1. https://en.wikipedia.org/wiki/Multiple-vehicle_collision

Not all car accidents are the result of drivers not following safe driving practices or driving distracted. Other car accidents are defective car parts accidents. There are tens of thousands of these types of car accidents that occur every year. Many of these do result in serious injuries and fatalities.

Vehicles have numerous car parts that could fail unexpectedly and without warning when they are defective. Some of the more common ones that could result in an accident include:

• Defective Tires
• Defective Braking Systems
• Defective Steering Systems
• Defective Accelerators
• Defective Safety Systems

When an accident occurs from defective car parts, you could have legal grounds to seek damages against those at fault. Determining who is at fault will depend on the defective car part, who made it, and whether the auto manufacturer was aware of the defect.

The damages you could sue for may include medical bills, vehicle damages, and loss of wages. For further information about defective car parts and their dangers, we encourage you to continue reading and reviewing the following infographic.

If you or someone you love has been injured in a defective auto parts accident, please feel free to contact the Houston TX car accident lawyers at Schechter, McElwee, Shaffer & Harris, L.L.P. for a FREE consultation and experienced legal representation today!