Car accident lawyer Archives

Nine Tips to Avoid Car Accident Pedestrian Injuries

August 19, 2019 By admin Leave a Comment

Both motorists and pedestrians have a responsibility to ensure safety when sharing the road. To help reduce the risks of causing a car accident with pedestrian injuries, it is important to practice safe driving habits at all times. If you do hit a pedestrian, not only could you be at fault for the accident but also face a personal injury civil lawsuit.

Nine tips you should follow when driving in areas with pedestrian traffic include:

Slow Down: Reducing your speed will make it easier to react if a pedestrian steps in front of your car and help you stop before hitting them. Driving at slower speeds also makes it easier to watch pedestrians, as when you are driving through a parking lot.
Look Around Before Leaving a Parking Spot: If you are parked and getting ready to back up or pull out of a parking spot, check all around your vehicle. Check blind spots and your backup camera to make sure there is no one around your car.
Yield the Right of Way: At crosswalks, pedestrians have the right of way. This means you must yield and allow them to cross the road before you turn left or right. If you are continuing straight, make sure pedestrians have cleared the road and are not in your way.
Be Patient: Sometimes it will take pedestrians a little longer to cross the street—for example, a parent with children or an elderly person using a walker. Give them the added time they need.

Make Eye Contact: If possible, make eye contact with pedestrians, as this lets them know you see them and they see you.
Give Pedestrians Room: If you are driving on a road without sidewalks or a narrow shoulder, slow down or stop if needed before safely passing them on the left with plenty of room so you are not too close.
Expect the Unexpected: If you notice a parent with children, slow down. Kids can be very unpredictable. They could take off and run into the street without notice.
Never Pass School Buses: When a school bus stops to let children off, never pass it. Some kids will need to cross the street.
Keep Your Eyes on the Road: With infotainment systems, GPS navigation, eating, drinking, and other distractions, all it takes is a few seconds of looking away to cause an accident involving a pedestrian.

What to Do if You Are Involved in a Pedestrian Accident

Call 911 for police and medical help. If you are not injured, check on anyone who is and the extent of their injuries. DO NOT attempt to move someone who cannot move on their own. They could have serious and life-threatening internal injuries. Moving them could make these worse.

When the police arrive, provide your contact details and insurance information. Do not admit fault. It is understandable you will be upset, so it is better to remain silent than admit you were at fault.

As soon as possible, call a car accident lawyer to find out your legal rights. Your lawyer can also advise you on what to tell the police for your statement. After speaking to your lawyer, contact your insurance company and inform them of the accident.

In Texas, fault is determined by modified comparative negligence. This means both the driver and pedestrian can be assigned a percentage of fault. As long as you were 49% or less at fault, you can still recover a modified amount of damages.

To find out more about your legal rights and whether you have sufficient grounds for filing a pedestrian injuries claim against the other party, contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713-574-5089 now. We offer a FREE consultation to speak with one of our car accident injury attorneys.

Who Is Held Financially Responsible for Accident Victims in Hit and Run Accidents?

May 19, 2019 By admin Leave a Comment

Being involved in a hit and run accident is never a pleasant experience. You could be seriously injured and your vehicle damaged. Accident victims are not always sure who is going to pay for their medical bills, lost wages, and damages to their vehicles.

In most cases, your auto insurance will be financially responsible for damages. However, you will need to have the right type of insurance coverages as part of your policy. If you only have the state-required liability coverage, then you may not be covered.

Liability coverage only covers paying for the damages you caused to another person, not to you. To guarantee you are covered in case of a hit and run accident, you would need one or more of the following types of auto insurance coverages:

PIP (Personal Injury Protection) Insurance: This insurance covers lost wages, medical bills, and other related costs associated with the accident. In Texas, PIP coverage is included in all insurance policies, unless you specifically decline it.
Underinsured/Uninsured Motorist Insurance: This insurance pays for personal injuries and vehicle damages if you are involved in a hit and run accident. It also provides coverage if the other party is underinsured or uninsured.
Comprehensive Insurance: This insurance pays for damages to your vehicle from vandalism, theft, flood, fire, or other damages different from being in a car accident.
Collision Insurance: This insurance pays for damages to your vehicle caused by a hit and run accident.
Medical Payments Insurance: This insurance pays for medical bills for any personal injuries you or any passengers sustained in the accident. It does not cover lost wages.

What to Do After a Hit and Run Accident

Just like other auto accidents, there are specific steps you should follow to avoid having problems filing a claim for damages:

Call the police. You want to get a police report of the accident. Plus, the police will investigate to attempt to try to find the hit and run driver.
Seek medical treatment. Do not refuse medical treatment, as not all injuries show up immediately following the accident.
Take pictures of the damages. If possible, take pictures of where the accident took place, along with damages.

Talk to witnesses. If there were witnesses, and you can do so, speak to them. They may have seen something, have gotten a vehicle description, or have other useful information they could provide.
Seek legal advice. Call a qualified car accident lawyer to find out your legal rights. In the event your insurance company attempts to deny your claim or gives you any problems, your lawyer will help negotiate a suitable settlement. Should the responsible party be caught by the police and they have insurance, then you and your lawyer can seek reimbursement for any out-of-pocket expenses and other damages.

If you have further questions or need legal advice after a hit and run accident, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713-574-5089 to speak to one our Houston ,TX auto accident attorneys today!

Auto Insurance 101: Understanding Property Damage Liability

November 19, 2018 By admin Leave a Comment

In Texas, all licensed motorists are required to carry a minimum amount of liability car insurance. You need to have minimum bodily injury coverage of at least $30,000 for each injured person, up to $60,000 per accident. The other type of coverage you are required to carry is a minimum of $25,000 in property damage liability insurance.¹

Policies might list liability coverage like this: 30/60/25. The first two numbers apply to the bodily injury coverage, and the last, which we will focus on, is the property damage coverage. This type of insurance provides coverage to help pay for damages to another person’s property for an accident you caused.

It will pay to fix damage to another person’s vehicle, yard, fence, mailbox, home, store, and so on. It also covers damages to public property, such as telephone and electric poles, street lights, etc.

It is important to keep in mind that property damage liability does not cover your vehicle or any of your personal property in the vehicle that was damaged at the time of the accident. If you are found to be at fault, you would need collision and comprehensive insurance coverage to cover your own property damages and losses.

Should I Have More than the Minimum Required Coverage?

If you consider that the average costs of a brand-new vehicle are around $30,000, it can be a good idea to purchase a higher coverage amount through your insurance agent. To help you see why having a higher coverage amount is better, let’s look at two examples.

Example 1: Minor Property Damage Accident

You are on your way home and a child runs out in front of your vehicle. You swerve to avoid hitting the child and, instead, hit your neighbor’s parked car. Since you weren’t going that fast, the damage only amounts to $6,000. Your property damage liability coverage would pay the full amount so your neighbor could get his car repaired.

Example 2: Major Property Damage Accident

You are driving down the highway and the tire on your car blows out, causing you to lose control of your vehicle. In the process, you hit two other vehicles. One of the cars you hit is severely damaged and is totaled, with a replacement cost of $35,000. You also caused $10,000 in damage to the other vehicle. Your insurance would pay out a total of $25,000 for all the damage, so you would still owe $20,000 in damage costs out of your own pocket.

Filing a Property Damages Claim

After being involved in an accident, contact your insurance company to report your property damages. Keep in mind if the amount claimed is more than the amount of coverage the other person has, you will need to sue them to recover the difference.

After filing your claim with your insurance company, it is a good idea to speak to a car accident lawyer. They can help determine the amount of damage reimbursements you are entitled to receive and can even help when insurance companies are trying to settle for the lowest amount possible or trying to get out of paying you by making it look like you were at fault.

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

Source:

https://www.tdi.texas.gov/pubs/consumer/cb020.html

Can I Still Use My Smartphone While Driving to Access GPS and Music Apps?

October 19, 2018 By admin Leave a Comment

As of September 1, 2017, texting while driving has been illegal in Texas. The new law also includes reading and responding to emails and posting on Facebook, Instagram, and other social media sites. The purpose of the law was to address the growing concern and increase in distracted driving and texting and driving accidents.

Distracted driving is any type of activity that takes the driver’s attention off the road, even for a few seconds. While eating, drinking, adjusting the radio, programming a GPS, shaving, or putting on makeup are also forms of distracted driving, the biggest culprit has been texting and driving.

According to the Texas Department of Transportation, of the 537,475 accidents on Texas roadways in 2017, 19% or 100,687 accidents involved distracted drivers. Out of the 100,687 distracted driving accidents, 2,889 people sustained serious injuries and another 444 died.¹

The number of deaths in 2017 from distracted driving showed a slight decrease from 2016, thanks to the new law. In 2016, there were 460 deaths in accidents involving distracted driving.² In both 2017 and 2016, it is worth noting, there were no deathless traffic accident days in the state.^{2, 3}

The law does still allow you to use your smartphone to access GPS and music apps, as well as to call 911 to report a crime or in emergency situations. In addition, you are allowed to talk hands-free on your phone, so long as you use a Bluetooth device or the hands-free feature part of your vehicle’s infotainment system.

Drive Distracted and Get a Ticket

However, you cannot be distracted when using GPS and music apps. This means you cannot look down or take your eyes off the road. If you are caught looking down or not paying attention by the police, they could still stop you and issue you a distracted driving ticket.

Ideally, it is highly recommended to make sure to program the GPS and open any music app prior to driving. If you must access either of these things while driving, you will want to pull off the road into a parking lot or another safe area where you can stop your vehicle.

In addition, with many auto manufacturers including access to Apple CarPlay and Android Auto with their infotainment systems, it is possible to control GPS and music apps hands-free without having to take your eyes off the road.

What if I Need to Text or Call Someone While Driving?

If you must text or need to call someone and do not have hands-free capabilities, you must pull over to a safe location before texting or making the phone call. You cannot resume driving until you have finished texting or hung up the phone.

What if Someone Hits Me While Texting and Driving?

If another motorist hits you while they are texting and driving, they can be held accountable for all personal injuries, as well as property damages. You will want to seek out qualified legal representation from a Houston TX auto accident lawyer.

Your lawyer will be able to help you determine what monetary damages you could seek for personal injuries you sustained, like payment of medical bills and loss of current and future earnings. To find out more about your rights and potential compensation, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713.574.5089 for a free consultation today!

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What Should You Do if You Cause a Rear-End Accident?

May 11, 2018 By admin Leave a Comment

Being involved in a car accident can be scary, no matter who is at fault. If you are involved in a rear-end accident, it is important to follow specific steps while trying to remain as calm as possible.

Call 911. You will need to file a police report. If any passengers or drivers are injured, they should seek medical treatment.
Check on the other driver. You want to make sure the other driver is responsive and not seriously injured. The 911 dispatcher may ask you to do this anyway if you can safely exit your vehicle.
If possible, move the vehicles out of the way. If the vehicles are still drivable, you may be instructed to move them off to the side of the road or another area out of traffic.
Wait for the police to arrive. Leaving the scene of an accident is a serious offense. Even if you are at fault, you will still need a police report to claim damages with your insurance company.
Take pictures. No matter who was at fault, pictures can be useful to support your case or account of the details that led up to the accident.

Am I Automatically At-Fault for Rear-Ending Someone Else?

In most cases, you can be held at-fault for rear-ending another driver. Traffic laws require drivers to follow at a safe operating distance and drive defensively. This means you are responsible for taking appropriate precautions to stop in time before hitting the vehicle in front of you. Even if the car you hit stopped suddenly, had inoperable brake lights, or failed to signal, you can still be held responsible for the accident.

Rear-End Collision Statistics

While the state of Texas does not track the occurrence of rear-end collisions, it did report that in 2016 there were 265,076 people injured in traffic accidents.¹ According to a news article in the Washington Post, every year there are approximately 1.7 million rear-end collisions, with around 500,000 injuries and 17,000 deaths.² Out of those accidents, nearly 87% were caused due to distracted driving.

Tips for Preventing Rear-End Accidents

Never drive distracted. Distractions that take your eyes off the road can cause you to hit someone. Put the cell phone down. Don’t try to eat or drink, put on makeup, or shave while driving.
Maintain a safe following distance. A safe following distance should be at least three seconds, in slow traffic, to six to ten seconds for high-speed driving.
Don’t fully rely on new technologies. Modern vehicles include forward collision alert and prevention features. However, since these are newer technologies, you should not put complete faith in whether they will respond fast enough to prevent an accident.

If you were injured in a rear-end collision caused by another driver, please feel free to contact Schechter, McElwee, Shaffer, & Harris, L.L.P., Houston TX auto accident lawyers, for a free consultation at 713.574.5089 today!

Sources:

What Happens if You Get into a Car Accident in a Company Vehicle?

March 25, 2018 By admin Leave a Comment

Getting into a car accident is something people try to avoid at all costs. However, accidents still occur. Should you have an accident, there are several factors which will be reviewed to determine who was at fault. One of these used in Texas is called contributory negligence.

This type of negligence is the percentage amount you contributed toward causing the accident. It is important to keep in mind, if you were injured and the percentage of contributory negligence assigned you was less than 50%, you could still have legal right to file a personal injury case against the other party.

Aside from this, things are a bit different when you are involved in a car accident in a company vehicle. The question of liability comes into play based on the extent of your contributory negligence. If you are found primarily at fault, the other party could have additional rights regarding personal injury claims.

Other questions that must be answered include:

Was the vehicle insured?

Most of the time company vehicles will be insured by the employer. In some cases, the employees’ personal vehicle insurance will cover them driving other vehicles.

Were you on the clock and performing work for your employer at the time of the accident?

If you were performing normal work functions at the time of the accident, then, in most cases, the employer could be held liable for any injuries and damages caused.

Was the vehicle properly maintained by your employer?

If the vehicle was not maintained, and this was the cause of the accident, then not only could the other injured party but you, too, could hold your employer responsible for any personal injuries.

Is there a company car contract in effect?

Company car contracts can contain certain terminology that shifts liability from the employer to the employee. Whether you were using the vehicle for company business or personal reasons and get into an accident, then you could be liable.

Were you off the clock and just using the company vehicle for your own personal errands?

If you were running personal errands or your employer allows you to keep the company car 24/7, then there are a few different things to evaluate. In most cases, the driver of the vehicle would be liable for any injuries and damages. However, if it can be established the company provided the vehicle to an employee it should not have, then the employer may also be liable.

As you can see, the question of liability is an important aspect that arises in car accidents involving company vehicles. If you were injured while driving a company vehicle or injured by the driver of a company car, you may be entitled to certain legal rights and monetary compensation.

To find out your legal rights regarding personal injuries and car accidents, please feel free to contact Schechter, McElwee, Shaffer, & Harris, L.L.P., Houston TX auto accidents lawyers, at 713.574.5089 for a free consultation now!

All the Ways You Can Get a DUI

March 11, 2018 By admin Leave a Comment

Plenty of people choose to spend their off-days and weekends drinking with their friends for a good time. A few party-goers may decide to spend the night in their car until they’re sober enough to drive home the next morning. The next thing they know, they’re being placed in handcuffs or needing a car accident lawyer. The facts are that you don’t need to be driving to get charged with DUI.

Being Behind the Wheel Is Enough

If you think drivers need to be operating a vehicle while under the influence to receive a DUI, think again. In truth, all you need to do is be in the driver’s seat with access to your keys for the police to charge you.

According to the law in most states, the conditions mentioned above are enough for a police officer to determine you’re in physical control of the vehicle. The vehicle doesn’t need to be running, so you’re still violating the law in spite of your best intentions. These charges are typically counted as misdemeanors, so the penalties aren’t as harsh as an actual DUI charge.

Some states deem this as unfair and may have a “safe harbor” law to protect those who are truly attempting to sober up. In these states, it’s recommended not to place your keys somewhere that is easily accessible. It’s still up to the police to make the final call, so it’s by no means protection against a DUI charge. All auto accident attorneys can tell you that it’s better for you to be nowhere near your vehicle while intoxicated.

Private Property Isn’t Always Safe

As long as you’re not drinking and driving on public roads, it’s legal, right? Not in most states. Some states only charge you on public roads or property, but most of them don’t make that distinction. You can get charged for drinking and driving whether you’re in your car in the driveway or on a golf cart in a private golf course.

It Doesn’t Have to Be a Vehicle

Whether a police officer can charge you with DUI or not comes down to how your state defines a “vehicle.” The word can include any mode of transportation, including even a skateboard or a tricycle. Once, a man in Oregon was arrested for riding an adult-sized tricycle on the wrong side of the road while intoxicated.

Motorized wheelchairs can also be considered a vehicle. A man from Illinois was arrested for driving one of these mobility devices while highly intoxicated. He spent the night in jail, though the police determined the wheelchair was not a vehicle and let him go the next day without penalty.

North Carolina considers motorized scooters to be vehicles. One time, a man was arrested while inebriated well above the legal limitations. He was found to be guilty of drunk driving by the judge. Oddly enough, one can ride a horse or operate a lawn mower while drinking without repercussions, technically, by law—but either is still a bad idea.

Laws vary from state to state, but most of them take a hard line when it comes to drinking and driving. Have you or a loved one been charged with a DUI or were in an accident involving a drunk driver? Schechter, McElwee, Shaffer, and Harris can help. Over 100 years of combined experience in legal service makes us the right choice when you need an auto accident lawyer.

Common Causes for Sideswipe Collisions

July 25, 2017 By admin Leave a Comment

Dealing with the aftermath of a car wreck is difficult. There are so many legal complications that can occur and determining who was at fault for causing the accident without a car accident lawyer can become immensely difficult. It’s much easier to avoid the whole mess by learning how to prevent car collisions from happening if at all possible.

Sideswiping is the most common and dangerous type of vehicle impact collision. In this guide, we’ll review the causes of side collisions and show you how you can safely avoid them.

Sideswipes and You

The rate of vehicle accidents is increasing, both as a result of distracted drivers and because we inherently see more drivers on the road. Side collisions make up the highest percentage of auto accidents, thanks to complex city and town street layouts. They occur most often in the outer lanes and can happen at a moment’s notice.

The reason driving in the outer lanes increases risk relates to the difference in speed. Generally, people travel in the outer lane at a higher speed to pass and, if they don’t adhere to defensive driving strategies or drive recklessly, a split-second accident is the result. A wrong decision to pull out and accelerate can spell disaster. Drivers may need to turn sharply and slam their brakes to avoid a rear-end collision in the outer lane.

Then there are drivers who are impatient enough to risk their safety, and of those around them, to shave off a few seconds to their destination. They will apply their brakes and force their way into their desired lane with little or no warning. This can cause a sideswipe or, in some cases, run someone off the road entirely.

Sideswipes can also happen gradually, especially when turning into driver blind spots. Sleepy/distracted drivers may encroach into another lane (sometimes referred to as “drifting”). If drivers aren’t paying attention in time to correct it, they’ll have nowhere to turn to avoid the collision.

Prevention Tactics

To prevent sideswipes, always drive defensively. Practice consistent driving patterns, be aware, and always communicate with your fellow drivers using your turn signals while you’re on the road. Avoid changing lanes when you can stay where you are, especially if it’s only to shave a few seconds off your drive. It’s better to get there a few minutes late than not at all.

Maintain a constant speed as you drive, as best as you can. Most cars available today have cruise control; use it whenever you have the opportunity if you know you have a heavy foot. Conversely, never rely on cruise control to keep you safe—your own attention is important, too.

Keep a safe distance between you and other vehicles at all times, especially on multilane highways. Watch for blind spots and, when you see them, be extra cautious. Always use your turn signals and ensure that it’s safe for you to turn or change lanes well before you change. Double check each direction when you’re turning out of side streets, too.

When in doubt, wait it out.

If you notice another vehicle encroaching on your lane, you should always assume they don’t notice you. You can control what you do, but you can’t control other drivers on the road, and you just never know if they’re paying attention.

If you do notice a vehicle encroaching on you, gently use your brakes and turn into another lane or pull off to the side of the road. Make sure you will not collide with this driver before you give in to the urge to honk your horn; although this move may assuage your temper, it won’t protect you or other drivers. You have a limited amount of time to react, and every unnecessary move shaves seconds off your ability to keep you and any other occupants in your car safe.

If you’re reading this right now, it’s likely that you’ve been the victim of an auto collision or you’re educating yourself about safe driving. Either of these scenarios can be stressful; we want to help. Contact Schechter, McElwee, Shaffer & Harris, L.L.P., and access over a century’s worth of experience helping citizens seek reparations for accident-related injuries.

Our Experience SMSH has more than 100 years of combined trial experience. We have helped 1000's of clients across the United States.	Millions Of Dollars Recovered We have recovered more than $720 million for injury victims. We also obtained the largest settlement paid by U.S. government to an injured worker.
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