Do You Have To Report A Car Accident In Texas?

Getting into a car accident can be a scary experience, and the aftermath can be incredibly confusing. Whether you are dealing with serious injuries after a crash or only sustained minor property damage, it is important to understand what Texas laws say about reporting car accidents. A car accident report is often a valuable part of the process when it comes to securing compensation for injury and damage expenses.

How common are car accidents?

There is no denying that car accidents in Texas are a common occurrence. According to the Texas Department of Transportation, there were 543,537 total crashes during the latest reporting year of data available. Out of these incidents, there were 3,639 total fatalities and approximately 250,000 injuries reported. While most car accidents led to only minor injuries or property damage, nearly every accident in Texas requires reporting.

Texas reporting laws

Texas law is clear about when a car accident report is required. Texas Transportation Code §550.062 requires any law enforcement officer to complete the Peace Officer’s Crash Report (CR-3) if a motor vehicle crash results in injury or death of a person or damage to any property worth more than $1,000.If a police officer fills out a crash report, anyone involved in the incident does not have to fill out a crash report of their own. The officer is required to submit the report to the DOT. While it may be tempting to not report an incident to police if it seems like there is only minor property damage, it is a good idea to call the police to the scene to document the incident and determine who was at fault. Even minor property damage could easily result in damages exceeding $1,000.Failing to report an accident In Texas that resulted in an injury or property damage of more than $1,000 is punishable with jail time, a fine of up to $5,000, or both.

What if the accident was minor?

Again, you should seriously consider calling law enforcement to the scene of any accident and let them determine the severity. However, many people involved in minor incidents do not call the police, only later to realize that the damage was more than $1,000 or that medical treatment was needed for an injury.In these cases, an alternative crash report should be filled out. This is known as a CR-2 Crash Report (Blue Form) and should be kept for your records. Previously, this form had to be filed directly with the Texas Department of Transportation, but a 2017 law changed that requirement. However, a CR-2 should still be filled out within 10 days of the accident to increase the likelihood that everything in the report is accurate. This incident can still help when filing a claim with your insurance carrier for any injuries or property damage.

Comparative fault in Texas

Many drivers involved in an accident do not fill out reports or call the police because they think they were at least partially at fault for the incident and cannot receive compensation.In Texas, there is a modified comparative negligence system in place. This means that a person can still recover compensation after an accident, even if they were partially at fault for the incident. Any party that is less than 51% responsible for a car accident can recover compensation, though their final settlement will be reduced based on their percentage of fault.

Five Auto Insurance Mistakes to Avoid at All Costs

Come armed with knowledge, and you will get the best deal on auto insurance for you and your vehicle. However, go into it with only the slightest grasp of what you should be looking for, and it could cost you. Therefore, you need to know what to look out for.

How to Avoid Making Five Common Auto Insurance Mistakes

Some of the most common mistakes that people make when it comes to auto insurance include:

• Not understanding the coverage you need or have already purchased.

As the owner of a vehicle, you should know what coverage you are looking for and what you could have. You should feel free to shop around for auto insurance. Just be cautious. Insurance companies do not have your best interests in mind. Remember, these companies are first and foremost concerned with making money.

• Mistakenly believing that you are covered for everything.

Not all auto insurance policies are the same. Despite what you might be paying in deductibles and premiums, different policies will cover different things. Make sure you know what is in your policy. For instance, do you have Personal Injury Protection (PIP)? Although it is required in Texas, you can be tricked into signing out of this common protection policy. The same is true of coverage for underinsured or uninsured motorists (UM/UIM coverage).

• Taking the minimum coverage that your state asks for.

The minimum coverage will not cover all the potential hazards out there on the roadways. A decent policy can help provide adequate coverage for medical bills, funeral costs and other expenses associated with a motor vehicle accident. For this reason, it is imperative that you avoid taking a policy with minimum coverage.

• Choosing Med Pay instead of PIP.

You should ensure that you have PIP coverage on your policy. PIP coverage can help pay for many expenses that occur after a motor vehicle accident involving injuries. On the other hand, Med Pay covers hospital bills, but not lost income. Med Pay is also subject to subrogation. This means that you will have to pay back Med Pay benefits if you obtain a settlement. PIP coverage is not subject to subrogation in Texas.

• Focusing only on price.

Do not just go for the lowest deductible. Find the policy that best suits you, even if you have to pay a little more. It will be worth it in the end if something happens.Contact Mike Love & Associates, LLC TodayThe Texas auto accident lawyers at Mike Love & Associates, LLC are dedicated to the community. If you have questions about your insurance policy, we may be able to help you find answers. You may also contact us for a free consultation if you or a loved one were harmed in a car accident.

10 Things You Should Know About Texas Auto Insurance

Most people who are in the process of buying Texas auto insurance may be unaware of what they are purchasing. However, understanding your policy and ensuring you are properly covered in the event of an accident is extremely important. If you are in an accident and lack certain types of coverage, it will be too late to recover funds needed for medical bills, lost income or repairs. Here are some things you need to know, both when choosing your policy and when dealing with your provider after an accident.

1. Don’t assume your insurance agent is your friend: Many people assume their insurance agent is a friend they can count on for support after being involved in an accident. We hate to be the bearer of bad news, but your insurance agent’s purpose is to save his or her company money by making sure you are not fairly compensated.
2. Make sure you have Personal Injury Protection (PIP): Personal injury protection (PIP) covers medical expenses, some lost income and funeral services caused by car accidents. While insurance companies are required to offer this service, they may entice consumers with lower monthly payments and policies that do not use PIP. PIP policies are expensive to cover, and insurance companies are primarily concerned with saving money.
3. Understand the difference between commercial and personal insurance: Some people use their vehicles for personal and business purposes, such as delivering pizzas or outside sales. A person with a personal insurance policy who uses his or her vehicle for business purposes may not be covered if they are involved in an accident while working.
4. Ensure you have Uninsured Motorist/Underinsured Motorist coverage (UM/UIM): UM/UIM coverage pays for medical bills, injuries and other expenses after being hit by an uninsured or underinsured motorist. Motorists who lack UM/UIM coverage on their policies can only receive the maximum amount covered by the at-fault driver’s policy, which is almost never enough to cover medical and other expenses.
5. Understand who is covered on your policy: If you have multiple family members who use the same car, it is essential to ensure they are permissive drivers. Non-permissive drivers will not receive coverage under policies in the event of an accident, meaning family members could be on the hook for huge medical bills.
6. Never buy the minimum required amount of insurance: Don’t make the mistake of assuming that just because you have insurance, you will be completely covered after an accident. Minimum liability limits are $30,000 per person in Texas, nowhere near enough to cover serious injuries caused by an accident.
7. You can pick your own repair shop: As a policyholder, you have the right to choose what repair shop or auto body shop you want to use after an accident. Also, your insurance company cannot specify the type of repair, part or brand.
8. Your insurance company cannot receive fees or kickbacks from repair shops: Your insurance company cannot collect kickbacks by recommending or ordering you to use specific repair shops. In addition, your insurance company cannot require you to travel an unreasonable distance to receive repairs.
9. You have the right to an itemized bill: Your insurance company cannot prevent repair shops from giving you an itemized bill with the description, manufacturer, or source of the parts used, as well as the amounts billed to the insurance company for the parts and labor.
10. Carefully research your policy: Pay close attention, because this is perhaps the biggest mistake people can make when buying car insurance. Many people sign the dotted line on their insurance policies without understanding how they are covered. Failing to understand your policy can make it much more difficult to receive compensation after an accident.

The personal injury attorneys at Mike Love & Associates, LLC can offer free consultations on insurance policies before accidents occur. We can help make sure you have the types of coverage necessary to protect your family if an accident occurs.

Traumatic Brain Injury in Texas

According to the Centers for Disease Control and Prevention (CDC), 144,000 Texans sustain a traumatic brain injury (TBI) each year, or one every four minutes. Currently, more than 381,000 Texans live with a TBI-related disability, and each year, more than 5,700 Texans are permanently disabled by a TBI. Nationally, an estimated 1.5 million to 2 million people sustain a traumatic brain injury annually, according to the American Speech-Language-Hearing Association (ASHA).Traumatic brain injuries can affect patients long after they have been released from the hospital. In fact, ASHA reports that approximately one-third of adult patients hospitalized for a TBI will need help with daily activities one year after their discharge. Living with a TBI-related disability affects victims and their families emotionally and financially, and an experienced Lufkin injury attorney can advise a Texas TBI victim of his or her legal rights and pursue legal action against the party responsible for the injury.

Causes of Traumatic Brain Injury

Traumatic brain injury occurs when brain tissue is damaged by an external force and can be either a penetrating or closed injury. With a penetrating injury, a foreign object, like a bullet, enters the brain and damages a certain area. With a closed injury, one sustains a blow to the head during a car, truck, or motorcycle accident, bike accident, slip and fall, sports accident, act of violence, or other incident. Both penetrating and closed TBIs can cause primary damage, including skull fractures, bruised brain tissue, bleeding inside the brain, blood clots, tears and nerve damage, as well as secondary damage, such as swelling, fever, seizures, chemical imbalances, and cardiac, lung, or nutritional changes.According to ASHA, half of all TBIs nationwide happen in transportation accidents, though for people age 75 or older, falls are the leading cause of traumatic brain injury. When someone else’s negligence has left you suffering from a traumatic brain injury, a compassionate Lufkin injury attorney can help you seek the justice and compensation to which you may be entitled under the law.

Treatment of a TBI

Several factors determine a TBI patient’s prognosis, including the severity and type of injury and the affected parts of the brain. For mild injuries, resting both the body and the brain may be the primary treatment. If the injury is moderate to severe, treatment may involve working with neurologists, psychiatrists, physiatrists, rehabilitation therapists, case managers and social workers, and recovery may take months to years, in some instances including long-term care or supervised living. The cost of caring for a single TBI victim is estimated to run between $600,000 and $1.875 million during his or her lifetime, and the CDC estimates that acute and rehabilitative care for TBI victims costs the United States approximately $9 billion to $10 billion each year. Victims of traumatic brain injury may feel quickly overwhelmed by the mounting costs of their treatment, making it important for Texas TBI victims to consult a knowledgeable Lufkin injury lawyer about their legal rights.

TBI Prevention

You can reduce your risk of experiencing a traumatic brain injury by exercising caution in various aspects of your life:

• Wear a helmet when riding a bike or motorcycle.
• Wear a seatbelt when driving or riding in a vehicle.
• Avoid falls by using a step stool to reach high objects, installing handrails on stairways, using safety gates around stairs if there are small children in the home, using non-slip mats in the tub or shower, removing tripping hazards, and installing window guards.
• Store firearms unloaded in a locked cabinet, and secure bullets in a separate location.

If you or a loved one has suffered a traumatic brain injury, contact a Houston injury lawyer to discuss your situation with a legal professional who will give your case the personal attention it deserves.

Commercial Truck Accidents and Truck Driver Fatigue

When a commercial truck is involved in an accident, the outcome can be deadly. According to the Insurance Institute for Highway Safety, 3,163 people died in large truck crashes in 2009, and the PRNewswire reported in February 2011 that commercial truck accidents are on the rise, after over 5,000 people died in large truck crashes in 2010, a 158 percent increase from the previous year. According to a study by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) published in 2007, 88 percent of large truck crashes are caused by driver error by either the trucker or other driver. If you have been involved in a commercial truck accident, a qualified Houston injury attorney can help you understand your legal rights.

How to Minimize Your Risk of Being Involved in a Commercial Truck Accident

While it is easy to assume that commercial truck accidents are always the fault of the trucker, passenger vehicle drivers frequently commit driving errors when it comes to sharing the road with large trucks. Avoiding the following mistakes when operating a passenger vehicle can minimize your chances of being involved in a commercial truck accident:

• Driving behind or beside a commercial truck in the area known as the “blind spot” or “no-zone,” where the truck driver has limited or no visibility.
• Abruptly changing lanes in front of a truck, also known as cutting off.
• Positioning one’s vehicle to the right of a truck when it is making a right turn.
• Turning too close in front of an approaching truck.
• Merging improperly or passing in an unsafe manner.
• Driving between large trucks.
• Leaving a disabled vehicle on a roadway.
• Drinking and driving.

When the Truck Driver is At Fault

Even when passenger vehicle drivers use good judgment and defensive driving maneuvers, they still are at risk of colliding with a commercial truck, as truck drivers make mistakes too. In fact, the 2007 FMCSA/NHTSA study identified the truck as the at-fault vehicle in 55 percent of the crashes sampled. The following truck driver errors can lead to deadly crashes:

• Operating a commercial vehicle without proper training or qualifications.
• Speeding to meet a tight deadline.
• Drinking or using prescription or illegal drugs. Some truckers use stimulants, also known as “uppers,” to stay away for longer stretches.
• Failing to properly secure heavy loads.
• Loading trucks beyond the maximum capacity.
• Failing to complete required pre-trip and post-trip vehicle inspections.
• Driving for long stretches with no break or without getting enough sleep, leading to driver fatigue.

When a truck driver’s negligence results in injury to you or a loved one, work with an experienced Lufkin injury lawyer to ensure your legal rights are pursued to the fullest extent of the law.

Truck Driver Fatigue

The 2007 FMCSA/NHTSA study revealed that 7 percent of the crashes were caused by the truck driver being asleep at the wheel and 13 percent of nationwide large truck crashes involve truck driver fatigue. Driver fatigue occurs when a person suffers the symptoms of fatigue while driving, such as restlessness, drowsiness, aches and pains, sore or tired eyes or loss of concentration. When a driver is fatigued, their reaction time is slowed and they risk falling asleep behind the wheel. The NHTSA has said tired drivers are just as unsafe as drunk drivers. If you were injured as a result of truck driver fatigue, a Lufkin injury attorney can help you fight for your rights.The aftermath of a commercial truck accident can be a very stressful time for the injured party, involving not only emotional duress, but also costly medical treatments and lengthy rehabilitation. If you or a loved one has been injured in a commercial truck accident, contact a Houston injury lawyer to discuss your case with an experienced attorney.