Why Should You Call an Attorney After an Auto Accident?
It is common to make mistakes after an auto accident that can jeopardize your ability to secure funds needed for recovery. Once these mistakes are made, they can be very difficult, and sometimes impossible to correct. Mistakes can include failing to recognize the seriousness of an injury, discussing details with insurance adjusters, or overpaying medical bills. However, one of the most common mistakes people make is discussing the details of their auto accident with insurance adjusters. Discussing details with an adjuster can lower the value of a car accident claim.An experienced attorney has handled dozens or hundreds of auto accident cases. They have seen every insurance company trick in the book. An attorney can help you avoid making mistakes with insurance companies after an accident.
Never Discuss Details with Another Driver’s Insurance Adjuster After an Auto Accident
Your policy may require you to notify your insurance company after an accident. The same is not true for the insurance companies of other drivers. In fact, it is dangerous to discuss anything other than identifying information about yourself to insurance adjusters from other companies. If an insurance adjuster calls you, they may attempt to do the following:
- Ask you to make a detailed statement: An insurance adjuster will want to know what happened before, during and after the accident. They will also want to know what injuries and property damage you may have suffered.
- Ask you to record conversations: They may call and ask to record a conversation (they are required to ask to record you by law). Whatever is said can be used to deny the value of your claim.
- Rush you into accepting a settlement: They may attempt to rush you into accepting a much smaller amount than what is needed to cover the cost of lost income and medical expenses.
If an insurance adjuster calls after an accident, it is best to tell them you are in the process of retaining an attorney. Insurance adjusters are not necessarily bad people, but they are not your friend. They do not have your best interests in mind, even if they sound friendly. The purpose they are most concerned with is saving the insurance companies they work for money.
Why is It Dangerous to Discuss Details with An Insurance Adjuster?
Some injuries may not materialize for several days. For example, it can take one or several days for symptoms associated with whiplash injuries to appear. Concussions may also cause problems for several weeks after an accident. If you tell an insurance adjust you are not injured, or that your injuries are minor, they may use that information to reduce the value of your claim. You may later discover your injuries will require time off from work, or cost more than expected.You may also admit partial fault for the accident, which can also be used to lower the value of your claim. There are just too many aspects of the conversation that can go wrong for you or your family.
Can an Attorney Help with Your Car Accident Claim?
The Texas personal injury attorneys at Mike Love & Associates, LLC can help auto accident survivors or their families explore all available options for handling insurance companies. There are some issues that may arise while handling car accident claims that may not be obvious to someone without legal experience.Our attorneys can also help refer you to medical specialists in your area that are not working on behalf of the insurance companies. Medical documentation can be used to help defend your claim. Our office provides free initial consultations.
Should School Buses Have Seatbelts?
A recent school bus crash in Tennessee has reignited a debate on whether these vehicles should have seatbelts. Last week, six children died and a dozen more were injured when their school bus flipped over and wrapped around a tree. Authorities believe the bus driver was speeding at the time of the accident. According to the National Highway Traffic Safety Administration (NHTSA), seatbelts could prevent deaths and injuries caused by school bus accidents like the one in Tennessee.At the moment, there is no federal mandate requiring large school buses to use the same three-point seatbelts found in most cars. Six states have laws requiring school buses to use seatbelts. While Texas is one of those six states, most districts have not installed seatbelts on school buses. Seatbelts are mandatory on some school buses, but only if the Texas legislature reimburses school districts.In 2009, the Texas Legislature approved $10 million to provide school buses with seat belts. A budget crisis in 2011 lowered the amount to $2.5 million, which went to the Texas Education Agency (TEA). TEA used $415,000 of the $2.5 million for equipping school buses with seatbelts. It costs $10,000 to equip one school bus with three-point seatbelts. If we look at the math, this means only 41 or 42 schools buses in Texas received state funding to install this potentially lifesaving equipment. According to the Texas Association for Pupil Transportation, our state has 39,000 school buses. Despite this dilemma, some school districts have set aside their own funding to upgrade school buses with seatbelts.
Do Seatbelts Work During a School Bus Crash?
NHTSA claims large school buses distribute impact forces differently than other vehicles during head-on collisions. Occupants experience less force during an impact due to the size of a school bus. This is one reason why NHTSA has not created a federal seatbelt rule for large school buses. It does require seatbelts for smaller school buses.Compartmentalized impact force will not protect students riding in a large school bus during a rollover accident. Large school buses are also vulnerable to side impacts. Two-point seatbelts are not adequate for protecting students during these crashes. Without three-point seatbelts, students are far more at risk for catastrophic injuries and death during an accident like the one occurred in Tennessee last week.The National Safety Council estimates 25 million students nationwide are shuttled to school in buses every day. NHTSA estimates it will cost between $7,300 and $10,000 to equip each bus with three-point seatbelts. Billions of dollars would have to be spent to enforce a federal mandatory seatbelt requirement.For these reasons, NHTSA believes it will be several years, even more than a decade, before a federal seatbelt requirement is possible.If you were in charge of the situation, what solutions would you propose for improving school bus safety? Let us know by connecting with the Texas personal injury attorneys at Mike Love & Associates, LLC on Facebook.
Do You Have a Plan to Make Football Safer?
There is no denying that football is an important part of Texas culture. Books and television series have focused on the topic. Texans proudly wear their favorite team colors, and millions tune in every time there is a big game (Red River Showdown, A&M and Texas).While there is plenty to love about football, there is no denying it can be dangerous. Concussions and chronic traumatic encephalopathy, a degenerative brain disease, have captured the public spotlight. Abdominal injuries and spinal cord injuries can also harm players.The good news is that many public health problems have solutions. Should football injuries be any different?
Can High-Tech Equipment Prevent Football Injuries?
Football helmets can prevent serious head injuries, but they cannot stop players from sustaining concussions. Concussions happen when the brain moves and twists within the skull. Many occur because of whiplash caused by tackles. A major challenge for making football safer will be how to design equipment that can cushion the brain from whiplash. Researchers and private companies have risen to the challenge.Vicis, a company created by a pediatric neurosurgeon, believes its helmet can reduce concussions in football. The Zero1 helmet uses a multilayered shell to protect the brain. According to the creators, these extra layers can absorb the impact force that causes the brain to rattle within the skull.Vicis is not the only company interested in stopping football’s brain injury epidemic. Researchers at Cincinnati Children’s Hospital and Q30 Innovations have created a small neckband that might prevent concussions. The Q-Collar works by increasing blood volume in the cranium to cushion the brain from whiplash.Abdominal injuries are another health risk football players face. EvoShield has created an impact-resistant undershirt that may offer protection from these injuries. The shirt uses gel that hardens and disperses impact force, possibly protecting players from broken bones and ruptured organs.
Should We Strengthen Our Concussion Guidelines?
Parents should be concerned about football injuries. Although it is rare, children have suffered permanent disabilities and death while playing the sport. Some of these deaths are caused by second impact syndrome. Players can succumb to second impact syndrome after suffering back-to-back concussions within a short timeframe.For these reasons, many states have guidelines in place that address when students can return to play after suffering a concussion. Depending on the state, these policies may require coaches and athletic directors to recognize concussion symptoms so athletes can be removed from play.Texas has Natasha’s law, which political sleuths may recognize as House Bill 2038. In our state, a student athlete is removed from any sport if a coach, physician, health care professional, parent or legal guardian believes the student may have sustained a concussion. Coaches and athletic trainers must undergo training on how to respond to concussions. Students cannot return to play until meeting specific requirements. Keep in mind, this law only covers public schools.
What Would You Add or Change?
It is unlikely Texas, or America for that matter, will ever give up football as a sport. Our two examples are one of many possible ways football could become safer for student, college and professional athletes.Interact with the Texas personal injury attorneys at Mike Love & Associates, LLC on Facebook and Twitter to let us know how you would make football safer.
Are Trampoline Parks Becoming Hotspots for Injuries?
Trampoline parks have become notorious for causing injuries to children. A study published in the medical journal Pediatrics claims trampoline park injuries have increased in recent years. The study used data from a government injury surveillance program operated by the Consumer Product Safety Commission (CPSC).If you have not heard of trampoline parks, they are indoor recreation centers that connect dozens of trampolines together. Some parks set up trampolines on walls. Patrons bounce around in close proximity, and sometimes perform dangerous maneuvers because they are poorly supervised. Many of the people visiting these businesses are children, teenagers and young adults.In 2010, almost 600 people went to emergency rooms to be treated for trampoline park injuries. By 2014, the number of hospital trips increased to 6,932. However, there is an obvious reason for such a massive increase. Only 25 trampoline parks existed nationwide in 2010. This number increased to 350 by 2014. More than 50 million Americans have visited these parks in the last six years. More than a dozen trampoline parks are located throughout Texas.Parents have good reasons to be cautious about going to trampoline parks for a family outing. Injured patrons have suffered sprains, fractures, brain injuries and spinal cord injuries. The worst injures found in the study involved paralysis.
Why Are People Suffering Trampoline Park Injuries?
Injuries happen for the following reasons:
- Collisions: Trampoline park injuries happen when jumpers slam into each other.
- Poor supervision: Trampoline park patrons are young. Only 19 percent of injuries at these parks involved patrons 18 years or older. Many of the people injured were children who were poorly supervised by park staff.
- Falling off trampolines: People have suffered serious injuries after falling off trampolines and landing on hard surfaces. Patrons were also injured by falling on unpadded or padded parts of the trampoline.
- Bad landings: Poorly supervised patrons who performed flips or other risky maneuvers have been hurt by bad landings.
- Unsafe equipment or conditions: Trampoline parks may allow unsafe conditions to persist to cut costs. These businesses may fail to perform maintenance on equipment.
Trampoline parks are one of many types of indoor recreation centers that may have unsafe conditions for guests. Businesses that offer indoor rock climbing, ziplining, go karts, waterslides and play gyms may cause similar injuries.
Did You Suffer an Injury at an Indoor Rec Center?
Trampoline parks and other businesses may require you to sign a waiver. Although this may seem like it protects the park from liability when patrons are injured, that is not always the case. Waivers are not a “get out of being sued” card that businesses can use to avoid being held liable. If you or a loved one suffered injuries at an indoor recreation center, you should not be afraid to call an attorney to discover possible legal options.The Texas personal injury attorneys at Mike Love & Associates, LLC are dedicated to defending the rights of people who have suffered injured due to the negligence of others.
Have You Considered These Halloween Safety Tips?
Halloween is supposed to be fun for parents and their children, but it can also end in tragedy if certain precautions are not taken. According to the National Highway Traffic Safety Administration (NHTSA), Halloween is one of the top three days during the year for pedestrian accidents. This is because there are more people walking around and therefore more opportunities for vehicles to collide with pedestrians.Traffic accidents are the primary safety risk on Halloween, but there are other hazards that warrant caution. These hazards might be avoided by planning for Halloween ahead of time. Here are some examples of tips that might help improve the safety of your trick-or-treaters.
3 Halloween Safety Tips that May Protect Trick-or-Treaters
- Costume safety: Last year, some genius had the idea of inventing an “invisible kid costume” (we are being sarcastic of course). The costume covered children head-to-toe in black fabric, making them completely invisible at night. You can probably see why this is a bad idea. The lesson here is, be wary of costumes that lower visibility. Also be wary of costumes that obstruct vision or pose tripping hazards. Costumes should also be made of flame-retardant materials.
- Increasing visibility: If for any reason your child is wearing a darker costume, you can attach reflective tape to trick-or-treating bags or the costume. Some companies also make wearable LED lights or glowing bracelets. Both can help increase visibility to traffic. Children or those supervising them should also carry a flashlight.
- Supervision: The AAA Foundation for Traffic Safety recommends accompanying children under 12 while they are trick-or-treating. If you cannot personally accompany your children, a responsible babysitter or family members could be other options. For older children, establish a time for them to return home and ask that they take specific routes through neighborhoods. Depending on what type of phone plan your family has, you can also keep track of them with smartphone apps like Find My Friends or Track & Treat. These apps use GPS, so you can see exactly where your children are at any time.
Halloween Safety Tips for Motorists Are Also Important
If you are going to be returning home from work or somewhere else on Halloween, there are ways that you can contribute to Halloween safety. AAA suggests the following tips for motorists.
- Always look for trick-or-treaters crossing the street, or walking along medians and curbs.
- Double-check your surroundings for trick-or-treaters while entering or exiting your driveway or parking lot.
- Make sure your headlights are on, even if it’s still light outside.
- Driver slower than you normally would. AAA recommends driving 5 miles per hour below the speed limit. You will need extra time to slow down to avoid possible collisions.
- This goes without saying, but please avoid driving if you have had alcohol.
These tips are by no means an exhaustive list of everything you can do as a parent, but are meant to serve as helpful suggestions for making trick-or-treating safer. There are two weeks left to prepare for this occasion.The Texas personal injury attorneys at Mike Love & Associates, LLC, wish everyone a happy Halloween!
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