Tag Archive for: personal injury and accident lawyer

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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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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How much is my accident claim worth?

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Calculating Damages and Medical Expenses in a Personal Injury Claim

The value of your personal injury claim depends on the different types of losses you have suffered. This blog will focus on how to calculate medical expenses in a personal injury claim.  Now for medical expenses, you must consider your past medical bills, your current medical bills and any future medical bills you might incur from an ongoing problem related to a serious injury.  Then, you gather all of your medical bills, prescription medication costs, physical therapy and chiropractic care bills, and any other medical bills you received as a result of the bodily injury you sustained as a result of a car accident, a dog bite or animal attack claim, a slip and fall claim, or any other type of personal injury claim.  From there, most people think you just add them all together and presto out jumps your total medical damages.

Well over the years Texas case law has complicated the process of calculating costs and rather than quoting a bunch legal mumbo jumbo, I have provided the case reference if you want to read more.  See Haygood v. Escabedo, 09-0377 (TEX. July 1, 2011).  In the meantime, I will provide you with some examples you can understand.

Example 1.  John Doe is involved in an car accident and he rushed to the hospital from the scene.  John provides the medics with his health care information.  His healthcare plan picks up the $25,00 bill.  His insurance company has a preexisting agreement with the hospital so, it recalculates the costs and his healthcare plan only pays $9,000 for John’s hospital bill.    Now when John’s claim is evaluated by the at-fault party’s car insurance company,  it will only look at the $9,000  rather than the $25,000.

More importantly, if John’s case goes before a jury he can only provide evidence of the $9000 paid versus the $25,000 actually billed by the hospital.  This is significant because juries often look at the total medical expenses to calculate pain and suffering.  A bill of $25,000 indicates a more serious injury than a $9,000 bill.

Example 2.  Now look at Sally Doe who is involved in a similar accident and she incurred $25,000 in medical bills and has no insurance.  She is able to present evidence to show the total $25,000 in medical bills and the jury has all the medical information needed to make a decision as to the seriousness of the injury and the pain she suffered.

This is not true for John’s personal injury claim; he is essentially penalized for having insurance because the jury is not given all of the information to determine the pain and suffering John experienced as a result of the wrongdoer.

Calculating medical expenses is no longer a matter of taking all your medical bills and simply adding them together.  You must know the law surrounding medical damages and how to accurately calculate those damages in personal injury claims.  Then you must be able to provide evidence to show the seriousness of certain injuries even when the bills do not add up.

For more information, contact Farrah Martinez, PLLC at (713) 853-9296 or visit us at www.InjuryLawyerHOU.com. Farrah will evaluate your personal injury claim at no cost to you.

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Injury & Accident Checklist

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Accidents and injuries occur in a variety of ways. It is not alway a car accident; sometimes it is a slip and fall at a grocery store, a fall from poorly maintained stairs at an apartment complex, an injury while at work, an animal bite by a neighbor’s dog, a serious chemical burn at a hair salon, or injuries from a recalled products. No matter the injury, these steps will help protect your rights.

1. Report. Always stop and report your injury at the place where the injury occurred. Speak with whoever is in charge. Ask for a manager or the owner.

2. Request a copy. Often companies have their own injury incident report forms. If the person in charge is completing a form detailing the facts of the injury, request a copy.

3. It’s not too late. If you discovered your injury later, call the establishment and make a report with someone in charge. If the injury occurred at work, report it immediately.

4. Get medical attention. If you have been injured, seek medical attention. Most of the time injuries from accidents do not disappear. In fact, as injuries mature, they can become more noticeable. If your injuries are serious, seek emergency care, then follow up with your family doctor. Be sure to tell your doctor how you were injured.

5. Contact a Lawyer. Yes, if you have serious injuries you need to seek the advice of a personal injury lawyer that handles all injury and accident cases. Do not try to do it yourself.

6. Do NOT sign anything. If you are asked to sign a release, waiver or authorization of medical records, say no. Request a copy for review, then take it to your experienced personal injury lawyer, Farrah Martinez.

I am Farrah Martinez a Houston, Texas personal injury and accident lawyer and I hold insurance companies accountable to ensure victims get the compensation they deserve through experienced, aggressive and smart representation. For a free consultation contact me at (713) 853-9296 or visit us online at www.InjuryLawyerHOU.com. Find us on Facebook, follow us on Google+ and twitter.

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 on injury and accident checklist, please consult with a competent personal injury lawyer licensed to practice in your jurisdiction.

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Three Keys to an 18-wheeler Accident

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Have you or a loved one been involved in an accident with a commercial truck or an 18-wheeler?  Here are three keys to handling an 18-wheeler accident claim.

Commercial truck drivers are held to a higher standard than those who drive regular passenger vehicles.  Why?  Well, commercial truck drivers tend to operate very large vehicles that sometimes carry hazardous or even flammable materials.  Commercial vehicles are regulated by the Federal Motor Carrier Safety Administration (FMCSA) whose mission is to prevent commercial vehicle related accidents and injuries.

Here are three things keys to protecting your claim against a commercial vehicle.

1. Act Quickly

Accidents involving commercial vehicles, require you to act quickly to preserve information that is vital to your claim.  For example, federal regulations only require truck drivers to maintain driving logs for six months.  The fact the driver is involved in an accident does not automatically trigger a longer maintenance time.   Information contained within the log might be key to proving the driver did not follow federal and state regulations.

2. Just Say NO!

Often times, the insurance company of the commercial vehicle will contact the injured party in an effort to “help” resolve the claim. The claims adjuster will ask you to provide a recorded statement. In general, I advise my clients not to provide a record statement.  This is never a good idea if you have not consult an attorney.  These statement can and will be used against you at a later time.  Keep in mind that the insurance company is actively working to protect their interest and will even hire an investigator to collect evidence to fight your claim in an attempt to reduce the amount of compensation you receive.

3. Seek Medical Attention

As soon as possible, you should seek medical attention.  If you have sustained serious injuries, you should seek emergency care.  Follow any advice given to you by healthcare professionals and listen to your body.  Additionally, it is always a good idea to follow up with your primary care physician.  Your family doctor knows you, he or she is familiar with your body, and can refer you to other doctors if your injuries are beyond his or her expertise.

Farrah Martinez is a personal injury and 18-wheeler accident lawyer seeking maximum compensation for clients who have been injured in car accidents on the road or at work.

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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