Houston Accident and Injury Attorney Blog

What To Do When The Adjuster Won’t Return Your Calls After An Accident

Posted by texastriallawyers on March 16th, 2014 under Insurance Information  •  Comments Off

It is really unbelievable, the number of telephone calls we get with the same complaint, the adjuster will not return our phone calls. Many people do not want to hassle with the insurance claim and simply want some recognition that their claim will be paid and some semblance of fairness.

Unfortunately, insurance companies for the adverse driver rarely operate upon that basis. It is important to understand that this is probably not anything personal on the adjusters part but they are overloaded with cases and saddled with a system that is designed to slow down claims in an effort to reduce the number of claims.

If you have been in a car wreck that was not your fault, you probably have many pressing needs, the repair or replacement of your vehicle, alternative transportation, and help with your medical bills and lost wages if you have been injured.

Hopefully, you will have “full coverage” on your own auto policy and review of your own policy to determine your coverage should be a step you would consider when the adjuster will not return your telephone calls.

If you have Personal Injury Protection (PIP) under your own automobile insurance policy, that will help you with medical bills and lost wages up to the amount of the policy limit. That protection should cover not only yourself but your passengers as well.

Look to see what coverages you have related to “Collision” such as rental car reimbursement and what your deductible is for your own property damage. If the adjuster for the negligent driver will not return your call there are two main strategies.

The first is the squeaky wheel strategy which dictates that you call frequently in an effort to put your name at the head of the list for the adjuster to return your call. Many insurance adjusters have more cases than they can really handle and the squeaky wheel approach is usually affective.

Another approach is to deal with your own insurance company for the property damage and the personal injury protection claims and because it’s your own insurance company, you will generally receive much better treatment. If you are out your own deductible make sure you ask your insurance company in writing to “sue for or otherwise collect” your deductible from the driver that caused the accident. Your insurance company is used to handling insurance claims it is often better to let them deal with adverse insurance company on your property damage. Should they collect your deductible you should receive a check from your insurance company in reimbursement.

If you have been seriously injured you should consider talking to a personal injury attorney early on in the claims handling process. Certainly before giving any documents or statements to the adverse insurance company. Most law firms handling accident cases offer free consultations and it is a good idea to call one and take advantage of that offer.

Frequently, the first time an accident victim realizes that they probably need a lawyer, damage is already been done to their claim. The longer you go in the claims handling process without representation the harder it will be to retain a top-notch personal injury attorney.

This is a situation in which what you don’t know really can hurt you.

Spring Break and DWI Arrests

Posted by texastriallawyers on March 7th, 2014 under DWI/DUI Tags:  •  Comments Off

Spring Break and DWI in Houston

Spring Break and DWI in Houston

The Sheriff’s office in Travis County has indicated they are putting extra manpower on the streets in an effort to curb drinking drivers.

Likewise, Harris County Constables are stepping up efforts to arrest impaired drivers in the greater Houston area.

Particularly targeted will be drivers who are 21 years old and younger and any other driver who appears to be under the influence.

Harris County Precinct 4 is working with the Texas DOT and also the NHTSA for the DWI STEP Program.

The motto is zero tolerance alcohol laws for minors and according to a spokesman for the precinct, if there is any detectable alcohol with a minor operating a motor vehicle they will be arrested.

“If an officer pulls you over (a minor) and smells alcohol on you, that is grounds for an arrest.
Assistant Chief Mark Herman.

The no refusal policy will be implemented in the month of March to combat the expected increase in drinking drivers with the Houston rodeo and spring break.

In the no refusal program, the officers are able to obtain a search warrant to take blood from any suspected drinking driver should they refuse a breath test or refuse to give a blood sample voluntarily.

St. Patrick’s Day is also a big weekend for drinking drivers. According to reports, they were a huge number of drinking related accidents in the month of March in the greater Houston area. Last year, 590 people were arrested and there were two fatal accidents, which involved alcohol.

If you see someone who is driving obviously impaired call 911 to report the incident.

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX 77069
(281) 587-1111

The Real Danger Of Distracted Driving

Posted by texastriallawyers on March 4th, 2014 under Consumer Information  •  Comments Off

Distracted driving has reached epidemic proportions in America.

Fatal Accidents From Distracted Driving

Fatal Accidents From Distracted Driving


According to the DOT, over 3300 people died from distracted driving crashes in the last year alone.

The problem has been exacerbated by the popularity of smart phones such as the iPhone or Samsung galaxy that make it so easy to communicate by email or text messaging.

The most dangerous part of distracted driving is taking your eyes off the roadway. Most cell phones have been the most dangerous of the distractions, other things such as other passengers or even changing the radio station can serve the same function and put you or your family in danger.

The state of Texas has lagged behind many other states in regulating the use of cell phones while driving to protect its citizens.

Unfortunately, the governor vetoed a statute the Texas legislature passed a uniform act, which would have made the dangers less for our citizens, and given a uniform law regarding cell phone use across the state.

Fortunately, new leadership will be obtained in our upcoming elections and hopefully the problem of distracted driving will be addressed by those elected to serve the people of the state of Texas.

Preventing Rollover Accidents

Posted by texastriallawyers on February 26th, 2014 under Auto Accidents  •  Comments Off

The National Highway Transportation Safety Administration continues to balance consumer safety with consumer demand – a job that they do effectively for the most part.

For instance, they have developed a series of regulations related to Electronic Stability Control Systems. These systems are designed to reduce the serious risk of rollover crashes as well as the risk of death and serious injury in those crashes. To do this they have established the Federal Motor Vehicle Safety Standard (FMVSS) No. 126 which requires electronic stability control (ESC) systems on passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 Kg (10,000 pounds) or less. Read the rest of this entry »

Banning Cell Phone Use While Driving in Texas

Posted by texastriallawyers on February 5th, 2014 under Safety  •  Comments Off

I support a complete ban on texting and email while driving and would also support a ban on cell phone use when driving. Every day I pull up to drivers looking at their call phone while behind the wheel.  See a car sitting at a green light- a cell phone is likely involved. Car driving extremely slow and impeding traffic- yep cell phone!

There are many different approaches to avoid car accidents by distracted drivers. Each state and sometimes even cities and towns within a state seek to reduce car wrecks by regulating cell phone and texting while driving. Read the rest of this entry »

Road Rage in Houston

Posted by texastriallawyers on February 3rd, 2014 under News  •  Comments Off

News reportstoday indicate that a man was arrested accused of shooting another driver as a result of a road rage incident. The accused is a 56-year-old man who was arrested after another man was shot and killed.

According to reports, a driver cut off by another driver and that led to an argument that in turn led to a shooting. Unfortunately, the victim was shot in front of his 10-year-old grandson. Read the rest of this entry »

Insurance Adjusters and Car Crashes

Posted by texastriallawyers on January 30th, 2014 under Auto Accidents  •  Comments Off

In our personal injury law practice we get calls every day from folks frustrated with their dealings with insurance companies. This is particularly true when dealing with a third persons insurance company, such as when someone who is at fault wrecks your car and injures you.

Not only are people frustrated with how insurance companies are handling injury claims, but also angry about how they are treated in general and in with dealing with the property damage claim. Delays, denials, unreasonable offers and abusive tactics and demeanor all have led to a record dissatisfaction with insurance companies in Texas. Read the rest of this entry »

40,000 Fatalities Each Year From Car Wrecks

Posted by texastriallawyers on January 25th, 2014 under Auto Accidents  •  Comments Off

In our previous article we discussed some new and interesting data related to vehicle collisions that should give the driver pause before making unsafe driving decisions such as driving intoxicated or distracted. Consider the following information.

*In the case of head-on collisions, the result is often one or more fatalities – while only a minor portion of these are injury-producing only and even less result in property damage alone. In other words, head-on collisions are almost certain to cause death. Read the rest of this entry »

Understanding Hospital Liens

Posted by texastriallawyers on January 25th, 2014 under Laws and Rights  •  Comments Off

For better or worse, Texas has granted two hospitals a super lien that attaches to the following:

1. Damages actions from a personal injury claim when the person received treatment at the hospital.

2. A judgment relating to damages from an injury for which the hospital treated, and

3. Settlement proceeds from an injury claim where the injured party sought treatment from the hospital after the accident. Read the rest of this entry »

How Life Flight Helicopters Save Lives

Posted by texastriallawyers on January 23rd, 2014 under News  •  Comments Off

houston flight for life

Memorial Hermann Hospital operates a helicopter service that transports injury victims in the Houston area to the Texas medical Center and is responsible for saving countless lives every year.

In Houston’s congested highways particularly during peak traffic times getting an injury victim to the care they need is often a very difficult and slow process. That’s where helicopter transport comes in to play. Read the rest of this entry »