Texas Trial Lawyers » Auto Accidents http://www.texastriallawyers.com/blog Just another WordPress weblog Sat, 12 May 2012 13:27:38 +0000 en hourly 1 http://wordpress.org/?v=3.0 Dealing with Aggressive Adjusters after an Auto Accident http://www.texastriallawyers.com/blog/dealing-with-aggressive-adjusters-after-an-auto-accident/ http://www.texastriallawyers.com/blog/dealing-with-aggressive-adjusters-after-an-auto-accident/#comments Tue, 17 Apr 2012 15:20:02 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1678 In my personal injury practice we receive calls every day from individuals who have been in a car accident for the first time and are very frustrated because of the attitude of the adjuster for the negligent party.

For the innocent victim who has been injured and whose vehicle has been wrecked the situation is stressful in itself and when you add an abusive adjuster to the equation it can be downright ugly.  Not all insurance adjusters are aggressive or abusive and some are very friendly and nice, however with the failure of Texas to regulate claims handling practices by insurance companies the number of nice adjusters continues to drop.

Additionally, the use of computer programs to value a claim in lieu of a human adjuster has tied the hands of many insurance claims adjusters who themselves are frustrated at the process.

More and more often, the innocent car accident victim finds himself or herself in a position of needing a personal injury lawyer to help them with their claim.  A growing number of cases are now filed as lawsuits due to the inability of the insurance company to settle the claim for a reasonable amount.  Some of blame for the increased number of lawsuits comes as a result of “tort reform” which has given the insurance companies incentive to say; “sue us” more frequently than ever before.

If you have been in a car accident and would like to speak with a car accident attorney about a personal injury claim for personal injury attorney with experience and a track record of success.

]]> http://www.texastriallawyers.com/blog/dealing-with-aggressive-adjusters-after-an-auto-accident/feed/ 0 Uninsured Motorist Coverage http://www.texastriallawyers.com/blog/uninsured-motorist-coverage/ http://www.texastriallawyers.com/blog/uninsured-motorist-coverage/#comments Thu, 05 Apr 2012 17:24:20 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1627 There’s an insurance policy for everything. Stars have their legs and rear ends insured. Singers insure their voices. Why there was a fellow that had his moustache insured (which proves my point). So it should come as no surprise that you – as a legal and insured vehicle driver – can actually ensure yourself against the event that you are involved in an accident with someone who has no insurance. In other words, insurance against the uninsured motorist. The point of uninsured motorist insurance is -The idea behind uninsured motorist insurance is to protect the persons who do have insurance from drivers who do not have liability insurance (it’s really as simple as that).

Even though drivers in Texas and in most states are required  by law to have car insurance coverage, some drivers simply do not carry insurance on their cars. The effect this has becomes known when an uninsured motorist is involved in an accident. The lack of coverage can cause undue and extensive hardship for the uninsured driver as well as the victim of the auto accident.

The consequences of being in an accident with an uninsured driver can be severe. You may end up having to pay for your own vehicle repairs or replacement and stuck with your own medical bills, even though the accident was not your fault.

One important point is that if you are involved in an auto accident with an uninsured motorist and you carry uninsured motorist coverage, you may make a claim under your own policy for your damages. Unfortunately, this puts you in a direct conflict with your insurance carrier. The carrier will want to minimize the amount they pay off on your claim and you will want fair and reasonable compensation for your personal injury.

Despite all of this – in my opinion ‘in for a penny – in for a dollar’. In other words, if you’re going to buy auto insurance the additional expense for uninsured motorist insurance would be worth it in the end.

Call the Baumgartner Law Firm to speak with a Texas personal injury attorney regarding an uninsured motorist claim.

]]> http://www.texastriallawyers.com/blog/uninsured-motorist-coverage/feed/ 0 Motor Home Accidents Part 2 http://www.texastriallawyers.com/blog/1557/ http://www.texastriallawyers.com/blog/1557/#comments Tue, 31 Jan 2012 20:13:52 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1557 A recent and deadly motor home accident has prompted me to develop several short journal entries on the topic. Let us consider the basic facts and statistics of this type of vehicle in this article.

*There are three classes of motor home vehicles – which are decided by the weight of the recreational vehicle. The Class “A” vehicle is most like a home and not unlike stripping a truck chassis and overlaying it with the framework of a bus – only with living accommodations. The obvious advantages are roominess and a high perch for the driver.

*The advantages are also disadvantages as well. These vehicles are cumbersome at best – and difficult to maneuver, park, back up and handle in an emergency situation. Driving the vast majority of RVs requires no special license and dealers will tell prospective buyers that handling them is easier than many newcomers think. In some states, the very largest motor homes may require a special driving test or written test for a different class of driver’s license. Regardless of size, personal use recreation vehicles do not require a commercial driver’s license.

*There are a variety of other types of recreational vehicles as well including the travel trailer, van/camper, attached cab, truck campers, pop-up campers and fifth wheel models. All come with the need to develop an expertise in handling before taking them out on the ‘open-road’ and drivers would be well served with a little training before taking the road.

Greg Baumgartner is a Houston personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston accident attorney call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/1557/feed/ 0 Women at Greater Risk of Injury In an Accident http://www.texastriallawyers.com/blog/women-at-greater-risk-of-injury-in-an-accident/ http://www.texastriallawyers.com/blog/women-at-greater-risk-of-injury-in-an-accident/#comments Fri, 18 Nov 2011 16:18:07 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1467 A recent report indicates that in the case of vehicle collisions women are repeatedly at greater risk of more severe injury than their male counterparts. According to results published in a recent article of the highly regarded American Journal of Public Health women who are generally of smaller stature sustain greater injuries in comparable accidents even with the additional support of safety devices such as seat belts and air bags. In fact, according to the findings of their study women are actually nearly twice as likely to sustain catastrophic injuries as men!

Not everyone who has read the research agrees with the results. There are a number of anomalies in the study that bear closer inspection. In an interview on a television newsmagazine one expert counters by offering the following problem with the findings:

*the study relied on statistics that date back over a decade. This means that the types of vehicles from which data was collected did not have the safety features that are common on today’s cars and trucks. In fact, the vehicles under consideration could have been built in the late 1980s to early 1990s. Safety technology has evolved rapidly since then.

Those who take exception to this study believe that it is all but invalid and should not be presented as authentic science. It was suggested that one way to improve the findings would be to limit the research to vehicles that were manufactured in the last decade alone. The other side of the coin is that the study has pretty clear evidence the women may be more likely to be seriously injured in a car accident.

Greg Baumgartner is a Texas personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston accident lawyer call the Baumgartner firm

]]> http://www.texastriallawyers.com/blog/women-at-greater-risk-of-injury-in-an-accident/feed/ 0 Deer Season and Car Accidents http://www.texastriallawyers.com/blog/deer-season-and-car-accidents/ http://www.texastriallawyers.com/blog/deer-season-and-car-accidents/#comments Sun, 06 Nov 2011 00:27:06 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1451 With fall approaching and winter not far behind it’s a good time to remember that this is ‘deer’ season and add extra caution to your driving. While these animals may seem beautiful from afar – they are the cause of numerous crashes and fatalities each year. If you keep the following advice in mind – you may save yourself or a family member from potential disaster.

*Be alert when driving through the countryside particularly the Texas hill country. Unfortunately we tend to get lost in the beauty of a particularly ethereal location and only snap back to reality when an animal darts out in front of our car. Try to stay focused and drive defensively.

*Do not speed on country roads. That way – you’ll be able to react to an animal appearing suddenly before you. In inclement weather when the roads are more slippery – slowing down is even more important.

*Keep an eye on the road in front of you and actively scan both sides of the road in search of animals that may run out. In addition, always be especially wary at sunrise and sunset because these are the times that deer and moose are more active.

*Use your high beams at night so as to illuminate more of the road. If a deer runs out in front quickly beep the horn to prevent them from becoming mesmerized by the headlights. Slow down as quickly as possible but do not swerve radically. It may be better to hit a deer than to lose control of the car.

Greg Baumgartner is an auto accident attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims with serious injury seek civil justice. If you would like to speak with Houston accident attorneys call the Baumgartner firm at 281-587-1111.

]]> http://www.texastriallawyers.com/blog/deer-season-and-car-accidents/feed/ 0 Child Safety Campaign http://www.texastriallawyers.com/blog/child-safety-campaign/ http://www.texastriallawyers.com/blog/child-safety-campaign/#comments Fri, 28 Oct 2011 23:46:13 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1444 Recently the National Highway Transportation Safety Administration kicked off a child safety campaign complete with loveable characters and an easy-to-remember slogan. The motto – “Think Safe, Ride Safe, Be Safe” is catchy and simple enough for children to remember. It is predicated on the fact that automobile accidents continue to be one of the leading causes of wrongful death for children between the ages of 2 to 7 years of age.

The safety campaign is interactive and is designed to deliver ‘life-saving lessons’ to children as they travel by bus, bike, car or on foot. Developed by the well-known creators of Chuggington, the public service program includes a website, downloadable activity and coloring sheets, and other fun activities that will engage children while delivering valuable safety lessons.

For instance, if you visit the ‘bike safety’ webpage you’ll find valuable parent tips to help guide your child to make safe bike riding decisions such as wearing a helmet, preventing accidents and proper bike care. Children are urged to take a safety pledge, watch safety videos and complete a safety activity book. The program has been created in collaboration with educators and other professionals around the country – and except for the requisite taxpayer subsidy -the program is delivered at no cost to the user.

Parents, I urge you to take the time to visit the site and familiarize yourself and your children to take the time to use the educational materials available on this site and become experts in traffic safety.

Greg Baumgartner is an accident attorney in Houston and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston accident law firm call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/child-safety-campaign/feed/ 0 40,000 Car Accident Fatalities Each Year http://www.texastriallawyers.com/blog/40000-car-accident-fatalities-each-year/ http://www.texastriallawyers.com/blog/40000-car-accident-fatalities-each-year/#comments Tue, 25 Oct 2011 23:05:14 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1441 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.

*Other causes of fatalities include loss of control of a vehicle when negotiating a curve, an unawareness of slowed traffic ahead and/ or vehicle merging or changing lanes. In addition, the top five causes of car accidents are: failure to yield the right of way, speeding or driving too fast for road conditions, failing to stop at lights or stop signs, reckless driving and drunk or drugged driving.

*In terms of cost – accidents account for a significant portion of the Gross National Product. The total cost of accidents averages over $32 billion dollars a year to the economy – of which nearly a billion and a half goes to emergency services, another $11 billion goes to legal costs, and $20 billion goes to lost productivity.  Another $39 billion is spent in property damages.

*An average of 40,000 people lose their lives each year on American roadways. Everyone needs to drive safely.

Greg Baumgartner is a successful wrongful death attorney in Houston and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston fatal accident lawyer call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/40000-car-accident-fatalities-each-year/feed/ 0 Auto Accident Statistics are Shocking http://www.texastriallawyers.com/blog/auto-accident-statistics-are-shocking/ http://www.texastriallawyers.com/blog/auto-accident-statistics-are-shocking/#comments Sat, 22 Oct 2011 22:53:04 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1436 Motor vehicle accident facts are compiled by multiple sources in the United States – some agencies are private, some public, many are governmental including (but not limited to) FARS (fatal accident reporting system), IIHS (insurance institute for highway safety), NCHS (national center for highway statistics), NHTSA (national highway transportation safety administration) and NCSS (national crash severity system). Frankly, you’d think that with such powerful organizations and dozens others like it there would be NO traffic accidents or fatalities whatsoever. Unfortunately, nothing could be farther from the truth. Let us consider some of the very real facts about traffic injuries and deaths that occur annually across the country.

*In a recent year there were 28 million vehicles damaged to some degree due to a traffic accident. These were the result of 12 and a half million traffic accidents that caused over 2 million permanent and disabling injuries to drivers, passengers or other victims (such as pedestrians and other nearby witnesses).

*There are a suspected and significant number of additional injuries that are never reported due to such things as a lack of insurance on the part of the person who caused the accident and/or hit and run drivers who fail to seek medical help for fear of being caught and prosecuted.

*Rear-end collisions are the major cause of accidents and injuries in the U.S.

*Every second a driver is behind the wheel of their vehicle they are confronted with no less than 10 traffic situations that require them to make a driving decision.

In addition, the typical driver is confronted with at least one driver error every two minutes they are on the road. The situation gets more complex with the explosion in mobile phone communications, primarily texting and email use by drivers.  Studies have shown that texting is almost as dangerous as a drunk driver. Unfortunately, our Texas governor chose to veto a state wide ban of texting and driving.

Greg Baumgartner is a Houston personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston accident lawyer call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/auto-accident-statistics-are-shocking/feed/ 0 DWI Accidents and Prescription Drugs http://www.texastriallawyers.com/blog/dwi-accidents-and-prescription-drugs/ http://www.texastriallawyers.com/blog/dwi-accidents-and-prescription-drugs/#comments Mon, 22 Aug 2011 15:17:49 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1373 Most people think that driving under the influence refers only to alcohol intoxication. In fact, impaired drivers with legal and illegal substances in their blood stream are also considered to be driving under the influence as well.

There are millions of over-the-counter and prescription medications taken each year by Americans young and old. Some of these are bound to affect a person’s ability to drive. Physicians regularly warn their patients about the adverse effects of the prescribed drugs on a person’s daily routine and drug makers include strict warnings on their products as well. In addition, it’s good common sense to expect that drugs will affect you in some way.

Persons who are ticketed for driving under the influence of legal substances are generally treated with greater lenience. Of course, the courts don’t like it – but to some extent it is understandable if your driving was impaired by prescription medication. However, in the case of illegal substances – which include everything from pot to pills and crack to cocaine – there is ‘zero tolerance’. This type of ‘drugged’ driving leads to greater fines and lengthier jail terms if there is a conviction. Too, prosecutors may place addition charges on the suspect including ‘possession of an illegal substance’. This complicates legal matters for the suspected drugged driver.

If you are under a doctor’s care and medicine is prescribed – be sure to review any precautions and restrictions with him or her. As for the recreational drug user – don’t drive drugged.

Greg Baumgartner is a Houston drunk driver accident lawyer and the founder of the Baumgartner law firm, which is dedicated to helping injury victims seek civil justice. For a free no obligation consultation with a Houston DWI wreck lawyer call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/dwi-accidents-and-prescription-drugs/feed/ 0 Driving in Severe Weather http://www.texastriallawyers.com/blog/driving-in-severe-weather/ http://www.texastriallawyers.com/blog/driving-in-severe-weather/#comments Tue, 21 Jun 2011 14:23:53 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1316 The recent tornados and severe storms crossing the country have prompted me to devote an article to safety procedures specific to storm driving.

*First, if you can avoid driving in bad weather that is the best advice. Weather forecasts are available online, on the radio, on television and in newspapers. It is also a common topic of conversation – so there’s really no reason NOT to be aware of upcoming weather events.

*If you ARE driving and a tornado appears in front of you and you are able to – then drive at a right angle to the storm. According to one expert tornadoes tend to track northeast so a right angle turn would take you south and southeast or (hopefully) away from the storm.

*Do not try to outrun a tornado or drive through it. Recent video of tornado damage demonstrates that tornadoes are strong enough to lift a car and fling it – if you or your family are in that vehicle you will likely suffer catastrophic injury.

*If you have time pull the car off the road and find shelter or lay in a ditch or culvert. Cover your head with your hands.

*Do not pull under an overpass. IT will not protect you. Instead air getting trapped under the overpass turns it into a wind tunnel.

*The last piece of advice is the same as the first – we are in tornado season – it happens this same time every year. We are also in an area prone to tornadoes so make it a habit to know the weather forecast for several days in advance. This allows you plenty of time to be prepared.

Greg Baumgartner is a Texas personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston auto accident lawyer call the Baumgartner firm.

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