Tag Archive for: car accident

18-Wheeler Crash Aftermath Mistakes

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18-wheeler crash victims often feel stunned and overwhelmed, resulting in them making mistakes. It helps to consider ahead of time what you want to do and avoid doing if you end up in a truck crash and have to take immediate next steps.

Those steps are essentially five: call 911, get medical care, take photographs, contact your insurance carrier, and contact an attorney. It is actually quite smart to contact an attorney as soon as you have contacted the police and prior to contacting your insurance provider – to get advice before speaking directly with them or the police; either way, those are the key steps.

Drivers of 18-wheelers are held to higher standards than are typical drivers, so the law is generally on your side in these situations. While it is sad how many people do not take the correct actions following accidents and end up potentially defrauded, looking at their oversights reveals what to do to get it right:

1.) Not making the situation immediately safer

The first thing you want to do is get the car to the side of the road and put on your hazards. You need to call the police right away if there is damage to either car or if someone is injured. You should each have the other’s insurance information. Even if you think that you caused an 18-wheeler accident, it is smart to phone 911 so that everything is recorded. Sometimes people do not want to phone the police, but it is important because you need that document of the incident that the police report provides. Police can also make the situation safer if there is a threat of violence from another driver.

2.) Neglecting to take pictures

You need visual evidence of what happened, again so that you have a full record of the situation to back up any claims you may make later. Take many photographs. You want to have full documentation about everything related to the crash, so not just the outside but inside of the vehicles, as possible. You also want to get pictures of all the people involved in the truck collision. Get pictures of drivers, passengers, and bystanders. The photos are evidence of the people you say were there, the road conditions, and other specifics. You can keep a disposable camera in your glove compartment for accident preparedness if you do not have a smartphone. Just be sure to get one that has flash.

3.) Failing to gather sufficient information

Collect as much information as you can so that you are not completely reliant on the police report. The top piece of information that you want is the name, driver license number, phone number, and address of drivers. Make sure you get insurance details for all drivers involved in a semi-truck crash. Ask the other driver if you can see the card. Write down the name on it exactly as it is printed, as well as the policy number and the carrier name. Get contact information for passengers too. You also want to be able to follow up with the police as necessary – so jot down the name and number of the officer who is filing the report. Also record the report’s case number if it is available.

4.) Talking with the other driver about the accident

The first priority following a crash is ensuring everyone is safe. The second priority is avoiding financial fault for an 18-wheeler crash. The facts are the facts. However, you should not assume responsibility. The other person could be driving without a license, or they could be on drugs or alcohol, or you could be unaware of the state’s laws. For those reasons and others, full information is needed in order to objectively determine fault.

5.) Talking about injuries, or lack thereof

Talking about injuries is also not a good idea. For instance, someone might ask if you are hurt, and you might feel at the time that you are not. The problem is if you say that you are OK, the other person can use that against you later if a problem arises.

6.) Failing to check for witnesses

If you can validate your perspective through the eyes of another person, your long-haul truck accident case is much stronger. Be sure to get names and numbers of eyewitnesses.

7.) Signing a document

You also do not want to sign any documents except for anything that might be required by the police.

8.) Not accepting medical attention

Related to the fifth point above, you want to be very careful about this issue of whether you are reporting yourself as “OK” following the accident. Many injuries do not surface until days or even weeks after an 18-wheeler crash. For example, post-traumatic headaches can arise, and treatment can be long-term. Accept medical attention, and do not report to anyone at the scene of the accident that you are all right.

18-wheeler crash expertise

Are you concerned about how to respond to a truck accident, or have you recently experienced one? At Farrah Martinez Law Firm, we seek maximum compensation for clients who have been injured in 18-wheeler or truck accidents on the road or at work. Don’t wait another minute.

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Car Accident Peaks: Most Dangerous Driving Days of the Year

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While more than half of car accident incidents over the New Year are alcohol-related, it still is only the third most dangerous holiday for driving in the United States.

The holiday season is known for being a time that families gather and people refocus themselves on their goals through resolutions about their health habits or other aspects of life. However, it is not just a time of celebration and hope but a time of pain and loss. We know that about the New Year holiday, that the roads get dangerous as night falls. But Christmas is dangerous too.

While these holidays are challenging, there are other holidays, days, and months that carry higher driving risk too. Before we look at those days that are problematic throughout the country, it is worth first looking at our area. Unfortunately, we assume heightened risk than others throughout the country when we hit the Houston roads.

Houston the #1 metro area for traffic deaths

First, it is important to consider the issue of driving safety locally. The specific issues with Houston roadways suggest that drivers should be more vigilant than is typical throughout the year – simply accounting for the perils that are, sadly, unique to our city.

The Houston Chronicle studied sixteen years of data on accident deaths. The newspaper found that the Houston roads were deadlier than those of any other metro area. The federal highway data studied by the Chronicle came from 2001 through 2016. The reporters found that the Houston metro logs 2850 major car crash injuries annually, along with 640 deaths. Houston is the deadliest for car drivers and passengers, as well as pedestrians, found the study.

In this environment, it is critically important to drive defensively and otherwise exercise caution.

Fridays

While more car accidents occur at certain times (such as New Year’s) because of people’s intoxication, the chance of a car accident also rises when people are finishing up a typical week. Assumedly overeager for the weekend, the greatest time for aggressive driving — in which there are greater instances of rapid acceleration and hard braking — is 9 a.m. to 4 p.m. on Fridays, per an analysis by Nationwide. 

August

Some holidays are particularly dangerous, but the most unsafe driving month is actually August, according to the same study. The insurer found that there were more people killed in August crashes from 2012 through 2016 than in any other month during that period. August 2016 was the worst month of all for total crashes, with 60,976 of them reported.

Memorial Day

To start looking at the holidays, the one that is associated with the  sixth-highest traffic fatalities is Memorial Day – which makes sense since it is thought of by many as the end of a three-day party that kicks off the summer. Memorial Day itself is the day that involves the most drinking as well as travel home, so it is unsurprising that a study of holiday roadway deaths (Arnold and Cerrelli) found there were 32% more car accident deaths on Monday than the prior three days.

Labor Day

The fifth-highest number of roadway deaths occur on Labor Day. This holiday has much in common with Memorial Day – serving as a cap to the end of summer with three-day trips. The roads can get congested, and people can end up becoming frustrated and making bad decisions.

Christmas

Many people are off work Christmas Day, and many do not work all of Christmas Eve. People rush around to make final gift purchases and head to the homes of family. In this climate, traffic accidents increase from the afternoon of December 24th to the evening of December 25th.

Plus, alcohol is often involved. According to 2001-2005 data from the NHTSA, 36% of car accidents on a typical day involved drunk driving. However, on Christmas Eve and Christmas Day, the percentage rose to 45 percent. This alcohol use is a primary reason Christmas is the fourth-most-dangerous holiday.

Note that when Christmas falls on a weekend, it is a safer time to drive than when it falls during the week.

New Year’s

Many adults go out and celebrate on this holiday. Some drink excessively, leading to more danger from drunk driving – particularly late at night (i.e., from midnight forward). The leadup to the turn of the year on New Year’s Eve involves binge drinking for many; and that means a higher incidence of drunk driving. According to the 2001-2005 NHTSA cited above, more than half of car accidents (54%) over New Year’s Eve and Day involved alcohol impairment. Again, alcohol is a major influence in why this holiday is the third-deadliest for traffic crashes.

Thanksgiving

Thanksgiving is a holiday that many families consider important, so they head out on the road to grandparents and elsewhere. People often do not have the Wednesday prior to Thanksgiving off. That lack of preparation time for the big meal results in unsafe roads. Drivers heading to and from Thanksgiving get-togethers in 2019 may be suffering from drowsiness. They may be on their phones or otherwise distracted. They may be hurrying to their destinations. There were more than 500 Thanksgiving traffic deaths from 2001 to 2006. The good news is that number has dropped, nationwide, in the past few years; nonetheless, this holiday is still ranked second among holidays for roadway fatalities.

Independence Day

Actually the deadliest holiday of 2019, based on past years, will likely be the 4th of July, aka Independence Day. Over that four-day holiday in 2012, per National Safety Council data, there were about 540 car accident deaths. Over that same span, there were 58,000 major injuries arising from these incidents.

Help when you are a victim on the road

You can get in a car crash any time, whether it is one of the peak danger periods to be on the road or not. Have you recently been involved in a car accident? At Farrah Martinez Law Firm, we proactively and effectively represent clients in their personal injury cases. Learn about founding attorney Farrah Martinez.

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Know What to Do in the Event of a Motorcycle Accident

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Know What to Do in the Event of a Motorcycle Accident

According to the Texas Department of Transportation, there were 9,859 injuries and fatalities to motorcycle drivers and passengers in 2016. That’s a significant number and an increase over previous years. It’s also a sign that motorcycle drivers and passengers are less safe than ever before. The drivers of other automobiles typically cause motorcycle crashes.

 

A Lack of Awareness: Motorcycle Drivers Are at an Increased Risk

 

One of the most significant contributing factors in the rise of motorcycle accidents across Texas is negligence on the part of other drivers. With an estimated 500,000 registered motorcycles on Texas roadways now, it’s more important than ever for car, truck, van and 18-wheeler drivers to be observant. That’s the force behind the state’s 2017 DoT campaign – “Share the Road: Look Twice for Motorcycles.”

Drivers of other vehicles are urged to be vigilant concerning motorcycles. An accident involving a motorcycle is five times more likely to result in an injury than a car-to-car crash, and 29 times more likely to result in a fatality. Of course, motorcycle drivers and passengers also need to be vigilant. However, you need to know what to do if you’re involved in a motorcycle accident.

 

When You Are Involved in a Motorcycle Accident, Know What to do.

Houston Car Accident Lawyer Answers Questions

Car Accident Lawyer helps Motorcycle Victims

Assess the Damage – First of all, you need to assess the damage, and that includes physical injuries to you and a passenger on your motorcycle. What injuries have you sustained? Are you able to sit up, or stand?

Chances are good that if you’ve been involved in a motorcycle accident involving a car, truck, van or an 18-wheeler, you have sustained serious injuries. If possible, use your cell phone to call 911 to ensure that help is on its way immediately. If you are able, check the condition of any passengers, and the driver/passenger of the other vehicle.

Move Off the Road – If possible, move your motorcycle off the road. The other driver will also need to move their vehicle out of the flow of traffic. If necessary, move any injured individuals off the road (assuming you’re physically able to do so).   Most of all, do not cause more harm by trying to help.

Gather Evidence

Exchange Insurance Information – If you’re capable, exchange insurance information with the other driver. You should also get their name, phone number, and address. All of this information will be necessary to file a claim.

Take Pictures – If you are physically able, use your cell phone to take pictures of the accident scene before moving the vehicles out of the road. You’ll need proof of who hit whom, the position of the vehicles, and more. If you’re not able to take photographs, try to memorize every detail of the scene possible.

Talk to Witnesses – While not always the case, witnesses are sometimes present. Get the contact information from these individuals.

Don’t Talk about Fault – Whether the motorcycle accident was the fault of the other driver, or you think it was your own, don’t talk about it except with the police. Avoid discussing the accident with the other driver.

Do I Need a Car Accident Lawyer?

While you may not need a car accident lawyer in all instances, it’s wise to have an experienced professional on your side if you’ve been injured in a motorcycle accident. Why? Insurance companies are in business to make money.  Consequently, they don’t do that by paying out a lot of cash to those injured in accidents. An experienced car accident lawyer like Farrah Martinez can help ensure that you receive the compensation you need to pay for medical bills, missed time from work and your pain and suffering.

For a free consultation, contact Car Accident Lawyer Farrah Martinez at (713) 853-9296.

Source:

http://www.avrek.com/blog/what-to-do-after-motorcycle-accident/

https://rideapart.com/articles/crash-motorcycle

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/01.pdf

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/09.pdf

http://dfw.cbslocal.com/2017/04/28/txdot-drivers-motorcycles/

 

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Houston Car Accident Lawyer Explains What to Do

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Know What to Do in the Event of a Motorcycle Accident

According to the Texas Department of Transportation, there were 9,859 injuries and fatalities to motorcycle drivers and passengers in 2016. That’s a significant number and an increase over previous years. It’s also a sign that motorcycle drivers and passengers are less safe than ever before. While some accidents are the fault of the driver, more are caused by the drivers of other automobiles.  Car Accident Lawyer, Farrah Martinez, explains what to do if the accident is not your fault.

A Lack of Awareness: Motorcycle Drivers Are at an Increased Risk

One of the most significant contributing factors in the rise of motorcycle accidents across Texas is negligence on the part of other drivers. With an estimated 500,000 registered motorcycles on Texas roadways now, it’s more important than ever for car, truck, van and 18-wheeler drivers to be observant. That’s the impetus behind the state’s 2017 DoT campaign – “Share the Road: Look Twice for Motorcycles”.

Drivers of other vehicles are being urged to be vigilant concerning motorcycles. An accident involving a motorcycle is five times more likely to result in an injury than a car-to-car crash, and 29 times more likely to result in a fatality. Of course, motorcycle drivers and passengers also need to be vigilant, but in addition, you need to know what to do if you’re involved in a motorcycle accident.

Houston Car Accident Lawyer Explains What to Do Moments After Your Accident

Knowing what to do in the minutes following an accident can make a huge difference in the ultimate outcome, and it might just save your life or the life of someone else. Follow this brief guide.

Assess the Damage – The first thing you’ll need to do is to assess the damage, and that includes physical damage to you and/or a passenger on your motorcycle. What injuries have you sustained? Are you able to sit up, or stand?

Chances are good that if you’ve been involved in a motorcycle accident involving a car, truck, van or an 18-wheeler, you have sustained serious injuries. If possible, use your cell phone to call 911 to ensure that help is on its way immediately. If you are able, check the condition of any passengers, and the driver/passenger of the other vehicle.

Move Off the Road – If possible, move your motorcycle off the road. The other driver will also need to move their vehicle out of the flow of traffic. If necessary, move any injured individuals off the road (assuming you’re physically able to do so).

Exchange Insurance Information – If you’re capable, exchange insurance information with the other driver. You should also get their name, phone number, and address. All of this information will be necessary to file a claim.

Take Pictures – If you are physically able, use your cell phone to take pictures of the accident scene before moving the vehicles out of the road. You’ll need proof of who hit whom, the position of the vehicles, and more. If you’re not able to take photographs, try to memorize every detail of the scene possible.

Talk to Witnesses – While not always the case, witnesses are sometimes present. Get the contact information from these individuals.

Don’t Talk about Fault – Whether the motorcycle accident was the fault of the other driver, or you think it was your own, don’t talk about it. Avoid discussing the accident with the other driver or their insurance company.

Call Your Car Accident Lawyer – As soon as possible, call your car accident lawyer. While they might not be able to open a claim without a police case ID or accident report, you can at least get the ball rolling. Once the police have investigated the scene and provided you with a report number, your car accident lawyer can order a copy of the report online.  Accident reports are usually ready within 10 days of the accident.

Do I Really Need a Car Accident Lawyer?

While you may not need a car accident lawyer in all instances, it’s wise to have an experienced professional on your side if you’ve been injured in a motorcycle accident. Insurance companies are in business to make money, and they don’t do that by paying out a lot of cash to those injured in accidents. An experienced Houston car accident lawyer like Farrah Martinez can help ensure that you receive the compensation you need to cover repair or replacement of your motorcycle, payment of medical bills and the like.

For a free consultation, contact Car Accident Lawyer Farrah Martinez at (713) 853-9296.

 

Source:

http://www.avrek.com/blog/what-to-do-after-motorcycle-accident/

https://rideapart.com/articles/crash-motorcycle

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/01.pdf

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/09.pdf

http://dfw.cbslocal.com/2017/04/28/txdot-drivers-motorcycles/

 

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I have been in a car accident. What type of lawyer do I need?

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After an accident, many car injury victims often wonder what type of lawyer handles car accident cases. It is a very common question. If you were in a car wreck and the accident was not your fault, most likely you will want to seek the advice of a personal injury lawyer. The majority of personal injury lawyers offer free consultations to car accident victims; so, it will not cost you anything to have a lawyer review your case.

Here are three questions car accident victims ask about personal injury lawyers:

What is a personal injury lawyer?

A personal injury lawyer is a licensed attorney that represents victims that have been injured physically and possibly mentally by the negligent or reckless behavior of another individual, company, or government agency.

A personal injury lawyer also know as an injury lawyer or an accident lawyer, usually handles car accidents cases, boating accidents, motorcycle accidents, 18-wheeler accidents, slip and falls cases, products liability cases, construction accident cases and
accidents that occur while at work.

How do I find a good personal injury lawyer?

Ask for a referral. Before I hire anyone, I ask my friends, neighbors or my relatives if they have an auto accident lawyer they can recommend. For example, my orthodontist was referred to me by a friend in law school. She has worked out great. I trust her and now I feel comfortable recommending her to other people.

Visit the State Bar of Texas at www.texasbar.com. It is better to be safe, rather than sorry, later down the road. There you can perform a search to make sure the person you plan to hire is licensed to practice law. Their attorney profile will also include the number of years the lawyer has been licensed and if the attorney is in good standing.

How much does it cost to hire a personal injury lawyer?

Generally, there is no out of pocket costs to the client.  Personal injury lawyers usually agree to take personal injury cases on a contingency fee basis.  In a nutshell, they do not get paid unless your case results in a favorable outcome.  To learn more about contingency fee agreements see a blog post-https://www.injurylawyerhou.com/personal-injury/only-pay-attorney-fees-if-you-win/

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of a car accident lawyer.  If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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What to Do if You are Injured in a Car Accident

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  1. Stop.  As soon as it is safe, stop at the scene of the accident.
  2. Stay at the Scene.  Do not leave the scene.  Leaving the scene prematurely could have criminal consequences.
  3. Call the Police.  Dial 911 and a police office will be dispatched to the scene of the car accident.  The officer will prepare an accident report (also referred to as an incident report).  If you did not report the accident at the scene, you can still make a report with the Houston Police Department . Call (713) 884-3131. You can also visit their website for more information
  4. Keep Calm.  Car accidents can be stressful and emotions tend to run high at the scene of an accident.  No matter who is at fault or how serious the injuries you or your passengers have suffered, keep a level head and do not become confrontational.  Nothing you say is going to change the accident that has already occurred.
  5. Exchange Information.  Gather and exchange insurance information with the other driver or drivers involved in the car wreck.
  6. Take pictures.  Once it is safe, take pictures of the scene of the accident.
  7. Keep a record.  Write down any important information.
  8. Do not make a deal.  It’s not a game show.  Car accidents are serious and making deals at the scene usually turnout to be a major headache.
  9. Choose your words wisely.  Yes, your words may come back to haunt you later so choose them wisely.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney.  If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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Farrah Martinez, Personal Injury Lawyer

Farrah Martinez PLLC
700 Louisiana Street, Suite 3950,
Houston, TX, USA

(713) 853-9296

DISCLAIMER

The information and materials provided at www.injurylawyerhou.com are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this website is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Farrah Martinez, Personal Injury Lawyer, Principal office is located in Houston, Texas.

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