How Will COVID-19 Affect My Car Accident Claim in Texas?

The COVID-19 pandemic has affected the way of life for most people throughout the US and in Texas. Car accident cases are no exception. If you or somebody you love has been injured in a car accident caused by the careless or negligent actions of another person, you should be entitled to compensation from the at-fault party’s insurance company. However, claims made during this ongoing global health crisis could look a little different. Here, our car accident attorneys want to discuss how the coronavirus could affect your car accident claim in Texas.

Some People Are Hesitant To Seek Medical Care

The most important thing that anyone can do after a car accident is seek medical attention for their injuries. However, the Coronavirus outbreak has led to many people becoming hesitant to go to the hospital or a doctor's office, either for initial medical emergencies or for follow-up care. While it is understandable that people are nervous about doctor’s offices, they still need to seek medical care after sustaining a car accident injury. Receiving medical care for these injuries is a critical component of getting the compensation you are entitled to after a car accident. If you have any concerns about going to the doctor or the hospital after sustaining a car accident injury, please speak to experienced injury lawyers immediately. In most cases, you will find that medical facilities are taking drastic steps ensure COVID-19 does not spread inside their facilities. The risks of not obtaining medical assistance after car accidents, far outweigh the chances that you will contract COVID-19. When you seek medical treatment, be sure to maintain proper social distancing measures and follow the CDC guidelines, including wearing a mask.

Can You Still File a Personal Injury Claim?

Yes, you can absolutely still file a personal injury claim in Texas after a car accident case. Many courthouses shut their doors to the public at the onset of the Coronavirus pandemic, but the courthouses are beginning to resume normal operations. This may delay personal injury trials, but the reality is that most cases are settled before they go to trial. The most important thing you need to keep in mind is that there is a two-year statute of limitations for Texas personal injury cases. If auto accident victims fail to file their injury claims within this two-year window, they will lose the ability to recover the compensation they deserve. The Texas Supreme Court has entered an order that pushes back the time limits for some lawsuits and other court proceedings, so be sure to speak to your attorney about how this could apply to your personal injury case.

Will You Have Access To Your Attorney?

Nearly all personal injury lawyers, including the team at Mike Love & Associates, LLC, has completely adapted to helping clients during this ongoing global health crisis. Our law firm is fully prepared to offer free consultations remotely so that we can gain a good understanding of how to move forward with your case. We are still conducting complete investigations into car accident cases. While we understand that various business and government office closures could delay investigations and settlement negotiations, we are still going to aggressively pursue full compensation for your claim.

Does Not Wearing a Seat Belt in a Car Crash Affect Your Insurance Claim?

Being involved in an auto accident is something most people want to avoid experiencing, and these incidents can lead to innumerable questions running through your head. This is especially true if you sustained an injury in the accident. While wearing a seat belt is highly recommended, what happens if another person causes your accident, but you were not wearing a seat belt? Will you still be able to recover compensation for your losses, or will not wearing a seat belt affect your insurance claim?

Will You Be Able to Recover Compensation?

In some states across the country, not wearing a seat belt could result in a person not recovering any compensation at all after a car accident. However, that is not true in Texas. Here, the state Supreme Court has ruled that a person can still recover compensation from auto accidents they did not cause even if they were not wearing a seat belt at the time the accident occurred. However, the total amount of compensation may be reduced in these situations based on the comparative negligence system used in Texas.

What Does Comparative Negligence Mean in These Situations?

Like other states, Texas operates under a modified comparative negligence system. This means that a person can still recover compensation for an accident even if they were found to be partially at fault, so long as they were not more than 51% or more at fault for the incident. In these cases, the total amount of compensation awarded to a victim will be reduced based on their percentage of fault. When discussing seat belts, modified comparative negligence has been controversial in Texas. That is because comparative negligence laws (or contributory negligence laws in some places) tend to revolve around the actual cause of the car crash. Not wearing a seat belt has nothing to do with the cause of the actual accident. Rather, seat belts have to do with the subsequent injuries. In these cases, insurance carriers and at-fault parties will argue that the injury victim is partially to blame for their personal injuries because they failed to wear a seat belt.

How Could This Affect Your Final Settlement?

Suppose Blake is driving a vehicle that is struck by Jackson, and there is evidence that Jackson was intoxicated and changed lanes illegally. Blake sustains significant injuries in the accident that lead to $100,000 worth of medical bills, and the injuries were particularly bad because Blake was not wearing a seat belt. In this incident, it becomes clear that Jackson caused the crash. However, Jackson’s insurance company argues that, because Blake was not wearing a seat belt, he was the cause of the injuries. In this theoretical scenario, a jury may determine that Blake was 20% responsible for his injuries because he did not wear a seat belt. In this instance, he would receive $80,000 in total damages as opposed to the $100,000 to account for his 20% of fault.

Work With an Attorney

If you or somebody you love has been injured due to the careless or negligent actions of another person, you need to contact an attorney as soon as possible. A car accident lawyer will have the experience and resources necessary to establish liability and work to obtain maximum compensation on your behalf. An attorney can even work with trusted medical professionals and accident reconstruction experts in an effort to show that the other party should be held completely liable for their actions.

What Punitive Damages Can I Receive After a DUI Accident in Texas?

Any car accident can be an incredibly scary and confusing experience for those involved. This is particularly the case for victims struck by a drunk driver. Unfortunately, these incidents are not uncommon in Texas. According to the state’s Department of Transportation, there were more than 24,000 auto accidents caused by drunk drivers during the latest reporting year in Texas. Out of those incidents, there were:

• 940 fatalities
• 2,138 suspected serious injuries
• 5,082 non-incapacitating injuries
• 6,320 possible injuries

There are various types of compensation that may be available to victims in the aftermath of the DUI crash.

What are punitive damages and how do they differ from other damages?

In most car accident cases, the injured victim (plaintiff) will not be seeking punitive damages from the at-fault driver. However, there are some exceptions to this.In the aftermath of a crash, victims may be entitled to various types of compensation for their losses. In personal injury law, damages fall into one of two categories: compensatory damages and punitive damages.

Compensatory damages

Compensatory damages are divided into economic damages and non-economic damages. Economic damages include coverage for medical bills, lost income, and other financial losses. Non-economic damages include pain and suffering and mental anguish damages that resulted from the accident injuries. Typically, compensatory damages are the main focus of a car accident case.How much money a person receives on compensatory damages will vary depending on the facts of their case. This includes the severity of the injuries, the cost of medical bills, the amount of lost income, pain and suffering costs, and more.

Punitive damages

Punitive damages are a special category of compensation in a Texas personal injury case. These damages are not considered compensatory, as they are not meant to compensate the plaintiff for any injuries or damages they suffered.As the name suggests, punitive damages are awarded for the purpose of punishing the at-fault party (the defendant). These damages also act as a deterrent to others who would behave in a similar manner.The appropriate amount of punitive damages awarded will be based on a consideration of a number of factors, including:

• How much the defendant has in assets
• The character and nature of the defendant’s conduct
• How much harm others might suffer if the defendant is not punished
• The actual harm the plaintiff suffered in the incident in question

There are caps on punitive damages in Texas. These damages are capped at the greater of $200,000 or two times the total amount awarded in economic damages plus the amount equal to non-economic damages is up to $750,000. It should be noted that this cap does not apply if the act in question was a felony, which many DUI cases are.In order to collect punitive damages in the aftermath of the drunk driving accident case, the plaintiff will need to provide clear and convincing evidence of gross negligence on the part of the defendant. Proving gross negligence typically requires two elements:

1. That the drunk driver should have known that their behavior involved an extreme risk
2. That the drunk driver understood the risk but did not care or disregarded it

It is vital that a DUI accident victim works with a skilled car accident attorney in Texas to ensure they receive maximum compensation for their claim. An attorney will be able to help a victim properly calculate their total losses and advise whether or not punitive damages are appropriate.

What Should I Do If I Have Been in an Accident With a Hit-and-Run Driver?

Any car accident can be an incredibly scary and confusing experience, and this is most certainly the case when a hit-and-run accident occurs. Unfortunately, hit-and-run accidents are fairly common in the United States and across Texas. According to the AAA Foundation for Traffic Safety, there were more than 737,000 hit-and-run collisions in the United States during the latest reporting year. Fleeing the scene of a car accident in Texas is illegal. If you or a loved one have been involved in an accident with a hit-and-run driver, there are several steps you can take to ensure your own well-being and help secure the compensation you deserve.

Steps to take after a hit-and-run accident

Take these steps if someone hits your vehicle and flees the scene:

1. Get to safety and call the police. It can be tempting to want to chase after a person that flees the scene of an accident. Do not do this. Pull your car to a safe location if you can, and call the police. Give the dispatcher any details about the vehicle and driver that fled, such as the vehicle make and model, license plate number (even if you only remember part of it), what the driver looked like, the direction they drove, etc.
2. Determine whether there are any witnesses. If there is anybody standing around or if any other vehicles stopped, ask to see if anybody witnessed the crash. Get the name and contact information of any eyewitnesses.
3. Take photographs of the scene. If you have a camera (most smartphones do) and it is safe to do so, take photographs of the accident scene. This includes any vehicles involved, damages, any injuries, traffic conditions, weather conditions, and any debris scattered around the accident scene.
4. Call an experienced attorney. Most experienced car accident attorneys offer free initial consultations for your case. It does not hurt to speak with an attorney to determine whether or not they will be able to help you secure maximum compensation.
5. Report the incident to your insurance carrier. Insurance carriers require that you report any accident fairly soon after it occurs. When you make your initial report, all you have to do is let the insurance carrier know that an accident occurred and give them the information of the other driver’s insurance carrier. Avoid taking any fault for the incident and do not go into detail about your injuries during this initial report.

Will insurance cover the expenses for a hit-and-run accident?

One of the main concerns of those involved in a hit-and-run accident is securing compensation for their medical bills and property damage. This can be complicated, especially if the hit-and-run driver is not caught by the police or if they do not have insurance. You should check your policy to ensure that you have uninsured motorist bodily injury coverage and uninsured motorist property damage coverage. However, neither type of uninsured motorist coverage is required for drivers in Texas. If you do have uninsured motorist coverage, your medical bills and property damage will be covered up to your policy limits.It is vital that you speak to a qualified East Texas car accident attorney who can help you sort through all routes available for you to pursue compensation.

Who is at Fault in a Changing Lanes Car Accident?

Car accidents happen all the time in and around our area. Regardless of how safely you operate your vehicle, there is no way to control the actions of other drivers around you. Lane change accidents are fairly common. Often, these incidents are the result of a brief distraction by one or more drivers. Regardless of how a lane change accident occurs, the immediate issue is ensuring that everybody is safe. However, in the aftermath of a crash, it will need to be determined who was at fault. As with most car accident cases, lane change crash fault depends on various factors.

How is fault determined in these incidents?

As with most every other car accident, police will investigate a lane change accident and often cite one or both drivers for the crash. Depending on how fault is assigned, insurance claims can become very confusing.When a driver needs to make a lane change, they are required to activate their turn signals in the direction did they wish to go. If a driver does not have turn signals, they will need to give the appropriate hand signs to signal that they wish to change lanes. These turn signals or hand signs let drivers around them know what their intentions are. However, that does not give a driver the right to simply change lanes when they feel like it.A driver that wishes to change lanes must check their mirrors and blind spots to ensure that it is safe for them to make a shift. Drivers should never change lanes until it is safe for them to do so.A lane-changing driver could be at fault in the following circumstances:

• They failed to activate their turn signals before changing lanes in collided with a vehicle in another lane.
• They did not check their blind spot or mirrors before they changed lanes and collide with a vehicle beside them.
• The driver crosses multiple lanes of traffic at once without stopping in each lane to signal their intention to change into the next lane.
• A driver is recklessly operating and weaving in and out of traffic.

You will find that in most cases, a driver will be at fault for an incident in a car or truck accident that results from them entering another lane. However, the following scenarios could result in both drivers being cited for a lane-changing accident:

• Two vehicles attempt to change lanes at the same time, resulting in a sideswiping or side-impact collision.
• A driver shows reckless behavior or road rage and refuses to allow another driver to change lanes.
• A vehicle in the lane in which the other driver wants to change to has brake lights or headlights that are not properly working at the time of the incident.
• A driver rear-ends someone who has recently changed lanes, possibly indicated that they were operating too fast for conditions.

Merging into traffic

There are other times when a driver needs to merge from one line to another, such as from a city street onto a highway or the other way around. Drivers need to realize that vehicles already on the roadway that they wish to get to have the right-of-way. Drivers wishing to merge into traffic need to activate their turn signals and wait until there is an opening in the traffic before they begin to merge. This may require the driver that wants to merge to stop and wait until they can get into traffic. Drivers who are already in the other lane of moving traffic are not required to slow down or move over to allow drivers to merge.