What do I do if I’ve been in a car accident?
If anyone is injured, you should call the local police at the scene. It is vital that a police officer be on hand to evaluate the circumstances, talk to witnesses, and take statements from people who saw the accident. If you are experiencing any pain or suffered any potential injuries, seek medical attention from a reputable doctor or go to the emergency room. The police will make sure your car is towed and properly taken care of.
Don’t feel compelled to take responsibility for the crash. It’s easy to say “I’m sorry” after an accident even when it wasn’t your fault, but using that language could hurt your case. Most every insurance company advises their drivers to refrain from admitting fault at the scene.
If you have any injuries.
Get the medical care you need ASAP. This should absolutely be your most important concern after an accident. Go to the doctor immediately after the crash and track any new health issues in the weeks and months that follow. Follow the medical professional’s advice and seek further/continued treatment if at all necessary. Keep records of your damages. File away medical bills, medical records, and any other paperwork related to the accident.
Speak with an attorney about your legal options (free consultation). Personal injury attorneys will handle your car accident case at no cost to you, letting you focus on recovering instead of fighting the insurance company.
DO NOT talk with the other driver’s insurance company! Instead, refer them to your lawyer and ask that any further communication be directed to your attorney. Insurance companies will use every trick in the book to reduce the value of your potential claim if you are not represented.
If you have NOT been injured.
Take pictures and then exchange contact information with all other drivers involved. If there are any witnesses, obtain all of their contact information. Remember to write down the other driver’s insurance company, his license plate number, driver’s license number, address, and insurance policy number.
Inform your insurance company within 24 hours of the accident so that they can begin filing claims.
Do I need a lawyer if I’ve been in a car accident?
If you have been seriously injured in a car accident, then it is highly recommended that you talk to an attorney. If you personally have not won a lawsuit against an insurance company before, they’re simply not worried about you filing a lawsuit. They have no reason to fairly negotiate with someone who will not beat them in court. When you’re represented by an experienced attorney, they take your claim much more seriously.
Not only is this period stressful, but it’s also emotionally draining. Unwittingly, motorists can give incriminating statements, incorrectly assume a degree of guilt, and fail to provide evidence all at the prodding of an opposing insurance agent. Insurance agents are in business of saving their employer money. They actively discourage court proceedings and will attempt to settle out of court for a fraction of what you’re owed before you have time to speak with a lawyer. When your livelihood is on the line, you simply cannot handle an injury case by yourself. You will be taken advantage of.
Legal experience is irreplaceable.
There are a million reasons why you need a lawyer if you’ve been injured in a car accident, but the most important is that we do this every day. We know how to work with the insurance companies, and we know how to get our clients the cash they truly deserve. If you were to try and negotiate a settlement yourself, trust when I say that you will not get a fair settlement offer. These adjusters use a thousand tricks to get you to settle quickly and cheaply, and again, they’re simply not afraid of your threats to bring a lawsuit.
Do you know how to file a Stowers demand? How about responding to a list of admissions? Do you know the procedures of getting evidence accepted into court? There are certain steps that need to be followed by anyone looking to bring a case to court. If you decide to go ahead and do it without a lawyer, your case might get thrown out simply because you lacked certain things that needed to be done before bringing it in front of a judge – and you only get one chance to bring your lawsuit.
The law is extremely complex. Lawyers, just like doctors, must go through years of additional schooling to learn the intricacies of law (not to mention learning specific case law and attending ongoing education). Surely you don’t believe that you can successfully handle a lawsuit. I mean, you wouldn’t try to perform surgery on yourself would you?
Proving liability.
A lawyer can be very helpful when it comes to proving liability. A favorable police report is not all you need to win your case (and oftentimes police reports are inadmissable due to the officer’s limited knowledge about liability law). You need an attorney who understand the intricacies of the law so that they can prove by a preponderance of evidence that the accident wasn’t your fault. A lawyer can provide references to cases as well as statutes and citations which will all contribute to you proving your case.
Rasansky | McKenzie Law is a Dallas car accident law firm with a team of experienced lawyers waiting to fight for your rights. Please call us at (214) 651-6100 any time of the day. We’ll help you win your case and won’t charge you a single cent unless we win you money. That’s right: no win = no fee. Talk to us today and we’ll get started on your case as soon as possible.
Do I need a lawyer if I’ve been INJURED in an accident?
If you have been seriously injured in a car accident, a Texas personal injury attorney can help you understand your rights as well as whether or not you have a viable claim for damages. An experienced attorney can also navigate the process of securing compensation for your injuries, from negotiating with the insurance companies to representing you in court.
Many Dallas car accident law firms, including this one, offer car accident victims free consultation so that they can get their questions answered and better understand their case.
Who should I speak to after a car accident?
It can be difficult to know who to speak with in the minutes, days, and hours after a car accident. In addition, in the confusion following a crash, you may speak without thinking or say something you don’t mean which can end up hurting your case.
While it is important to speak with both the other drivers involved in your crash as well as the police officer who responds, be sure not to admit fault during these conversations or apologize. You may think you were at-fault, but later analysis could show that you both shared fault.
In the same vein, it’s important not to give an official or recorded statement to an insurance company before clearing your head, getting the medical attention you need, and speaking with an attorney. Generally speaking, a Dallas Texas car accident lawyer can look out for your best interests, as well as help you better understand your case and how to proceed in the wake of an injury accident.
When should I call a lawyer about my car accident case?
The first question is ‘do you really need a Dallas accident lawyer?’ If it is a simple accident with no injuries and very little property damage, you may not an attorney. On the other hand, it is always a good idea to speak with a lawyer when:
- There is significant property damage
- You have sustained serious injuries or long term injuries
- You are unable to work because of your injury
- A child was injured
- A person has died
- A person is left with a permanent or long-term disability
- More than one party is at fault
- You are accused of being partially at fault
It may also be a good idea to consult a Dallas car accident attorney if:
- You may be partially at fault for the accident
- You don’t know the value of your accident claim
- You are asked to make a recorded statement
- The insurance adjuster has made an offer that seems low
- The insurance adjuster has offered a structured settlement
- The insurance adjuster wants you to provide medical records that are not related to the accident
- You are having difficulty documenting lost wages
- The insurance company is stalling
- Your claim has been denied
If you need a Dallas car crash lawyer, the best time to call is right away! The sooner you call, the sooner the attorney can start preserving evidence, filling out paperwork, and dealing with the insurance adjuster on your behalf. To learn more, request a free copy of Accident Claim Do’s and Don’ts or call the Rasansky | McKenzie Law at (214) 651-6100.
How should I choose my car accident attorney?
Once you have decided to seek the services of a car accident injury lawyer, you immediately have another decision on your hands: how do you choose the best attorney?
First and foremost, understand that you are not choosing the best personal injury attorney in Dallas, you are choosing the best personal injury attorney in Dallas for you. A lawyer that is perfect for your neighbor may not be perfect for you. Ask yourself: do you want an attorney who involves you in the process or not? Do you want an aggressive attorney or not? Do you want an attorney who is willing to go to court or not?
Secondly, visit the attorney’s website and verify his or her experience, legal background, and other qualifications. Has the attorney successfully taken on cases similar to yours?
Finally, take advantage of the attorney’s no-obligation consultation. Here, you can meet with your lawyer in person and determine whether he or she is the right fit for you. Understand that you absolutely do not have to work with an attorney after the initial meeting – it is up to you.
Should I give a recorded statement to the insurance company after my accident?
Insurance companies have a number of strategies for getting a recorded statement from you in the wake of your traffic accident. They may act like giving a recorded statement is required by law or by a contract. They may very kindly ask for a statement. They may act as if giving a recorded statement is absolutely normal. However, do not give a recorded statement to any insurance company until you have spoken to a personal injury attorney about your case.
Why shouldn’t you give a recorded statement? Insurance companies like recorded statements because they often catch injury victims off guard and very soon after the incident. They are hoping that their interviewee will misspeak, apologize for the accident, or even incriminate themselves. Because it is so easy to say the wrong thing off the cuff, it is always better to submit a written statement in which you can carefully and fully recall the details of the accident.
Is an insurance company pressuring you for a recorded statement about your accident? Talk to a Texas vehicle accident attorney today about your case and avoid common injury claim mistakes.
How much is my car accident case worth?
Most people get hoodwinked by the glitzy television ads which quote large figures given to plaintiffs in different types of cases. These ads are not only unfair; they also misrepresent the reality you may face. Today, we’d like to give you a more precise idea on how much you can expect to get from your car accident injury claim based on a number of variables.
1. Medical Bills
Your medical bills are perhaps the most important determinant when it comes to gauging how much you can expect from your settlement or potential verdict. Various things such as ambulance, emergency room, anesthesiologist and hospital room fees can all add up to an astronomical amount, making it hard to pay these bills off without adequate compensation.
Failing to seek medical treatment following a car accident can and will have a detrimental effect on the value of your claim (see video on subject). If you’re worried about the cost to see a doctor, most attorneys (including us) can refer you to a doctor or specialist which works on a “letter of protection.” This basically means that the doctor agrees to treat you for no up-front cost, as long as he or she gets paid back when the case settles or ends in a successful verdict for the plaintiff (victim). If the victim is not awarded any compensation, the doctor does not recover anything. There is no financial risk for the injured party.
2. Wages/Missed Salaries
Every day you spend out of work means a day lost in terms of income. This can add up to a substantial amount with time, which in turn may mess your budget or mortgage payments up. An experienced Dallas car accident attorney will look at your work schedule, contracts, returns, paystubs and other vital documents in order to gauge how much you should sue for so that you’re reimbursed for any loss of income caused by the negligent party.
3. Insurance Policy Limits
Insurance companies usually have policy limits when it comes to how much they are required to pay out. Since they’re a business, they will try as much as possible to downplay the accident in order to pay out the least amount of money. At the same time, they may lie about what their limits actually are – especially when speaking to a non-attorney. It is vital that you not try and negotiate with the insurance company. If you do, you will ONLY hurt the value of your case.
4. Statutory Caps on Damages
In some states, claims are capped at a certain amount. This is meant to discourage frivolous lawsuits. However, this is unfair to people who have sustained substantial injuries and are looking at a lifetime of care and rehabilitation. Speak to your lawyer to find out what legal caps may come into play in your case.
Other factors such as comparative liability, time passed and medical history also factor in determining the value of a car accident injury claim. If you’d like a full breakdown of these factors, please contact Rasansky | McKenzie Law at (214) 651-6100 today and discuss your case with an attorney for free.
Should I settle my case out of court?
First thing’s first. If you are not an attorney who’s litigated a case before, you really should not be negotiating a settlement. Insurance companies do this every single day and they know every single trick they can use in order to limit the value of your claim – or to deny liability outright. Most people who get into car accidents are approached by insurance companies promptly in order to get them to settle quickly, before the full extent of their injuries are known. One little-known statistic: hiring an attorney can increase your potential settlement amount by over 300%.
Don’t sign anything!
While you may wish to get compensated as quickly as possible, you need to be aware that the insurance company wants to settle as quickly as possible for their own benefit. Once you settle, you give up your right to seek anything further in relation to the event. If you were to later discover that you will require ongoing physical therapy, you will now have to pay these costs out of your own pocket.
You deserve a sizable payout.
We understand that these situations can be physically and emotionally draining. Let your attorney handle the hard work – that’s what they’re there for. Your lawyer will demand the FULL amount of compensation that you deserve. We can demonstrate to the insurance company (and to a court) exactly why you are owed what you’re owed.
Our goal is to get you the full amount of your claim, but we also recognize the importance of settling a case in order to avoid a long, drawn-out lawsuit. If the insurance company does not meet our initial demand and chooses not to reasonably negotiate, we can file a lawsuit in order to legally compel the liable party to pay you what you’re owed.
Having an attorney settle your case is the best thing you can do for yourself, and your future.
How do I settle out of court for my car accident?
An out-of-court settlement takes place when the two parties involved in a car accident injury case reach an agreement about the claim outside of court, usually with the help of their attorneys. Out-of-court settlements happen without the opinion or the aide of a judge, a jury, or other officials – and a judge does not have to agree with or approve the settlement. Once an out-of-court settlement is agreed upon, neither party is allowed to take the case back to court, as it is a legally binding contract.
In most cases, an out-of-court settlement involves the defendant paying the plaintiff an undisclosed amount of money, and the plaintiff dropping their lawsuit in turn.
Many Texas personal injury cases, car accident cases, and wrongful death cases are resolved out of court. Both plaintiffs and defendants can prefer an out-of-court settlement because they do not leave the decision up to a judge or jury, because they can save time, and because they can save money by cutting legal costs. The real question here is should I be settling my case out of court? By the way, statistics show that those who hire a lawyer receive settlements over 300% higher on average than those who don’t.
If you need assistance with your Texas personal injury case, you may wish to speak with a Dallas car accident lawyer at Rasansky | McKenzie Law. Call today to schedule a free, private consultation.
How long will it take to settle my car accident claim out of court?
The amount of time it will take you to settle your car accident injury claim will vary significantly depending on the extent of your injuries and the complexity of the case. In fact, no settlement discussions should be made until after you have completely finished medical treatment an thus have full knowledge of your actual damages.
While a straightforward traffic accident case could be settled in three or four months, a case involving long-term recoveries, permanent injuries, or lost wages could take much longer. If the insurance company is fighting your claim or refusing to settle, this will also likely extend the length of the claim. However, if your insurance company is delaying your claim payment for an unreasonable amount of time and for no valid reason, they could be acting in “bad faith,” which could lead to a larger award.
What if I refused medical care at the scene of the accident?
After a Dallas car crash, it is somewhat common for accident victims to turn down a medical examination by paramedics at the scene or to refuse to be taken to the hospital by ambulance. While these decisions may seem like the right choice at the time, it is very important that you follow the recommendations of the emergency responders at the scene of the accident – both for your health and for legal reasons.
In many cases, those who have been involved in traffic accidents feel overwhelmed, embarrassed, and confused after a crash. In fact, many may actually be in shock – a state where they cannot accurately assess their physical condition. While you may feel like you just want to get home and away from the drama, the best thing to do is to listen to what the EMTs on the scene have to say. You may have an internal injury that is not readily apparent, or you could have an injury that won’t actually hurt for hours or days.
At Rasansky | McKenzie Law, we often see cases in which accident victims did not go to the hospital after the crash and then had difficulty securing compensation for their injuries because they initially refused medical care. If you are struggling with this issue, or with any Texas accident claim, call us today for assistance.
If I’ve been in a car wreck, will my insurance automatically go up?
If the incident is judged to be your fault, then yes. If the incident is not believed to be your fault, then it depends on several factors.
If you file several claims that were not your fault within a year’s time, the insurance rate will probably go up, because they will start to see you as a reckless driver.
Insurance rates are lowest for experienced motorists who practice defensive driving and who have few if any auto accidents on record. If you have just one incident for a number of years, and it is not your fault, then the insurance rate should remain unaffected.
Can I file a lawsuit if I have a miscarriage after a car accident?
Losing an unborn baby due to injuries sustained in a traffic accident (or any other kind of accident) can be extremely traumatic. Because of the nature of the loss in this type of accident, many states have struggled to decide upon a fair way to handle these cases and determine fair compensation.
In 2003, a Texas woman lost her unborn baby just weeks before her due date when she was injured in a car accident that wasn’t her fault. Although at the time Texas did not legally consider a fetus to be an individual, the woman took her wrongful death case to court and through the appeals system. The result was the 2003 Texas Wrongful Death Act amendment, that stated that viable fetuses were individuals and that the loss of such fetuses could result in a Texas wrongful death lawsuit.
In addition to a wrongful death lawsuit, an accident victim may also have the option of suing for other damages, such as those related to the emotional trauma that comes with losing an unborn child in an accident. If you have been involved in a car accident that led to a miscarriage, speak to an experienced Dallas injury attorney today about your case today.
Rasansky | McKenzie Law is available 24 hours a day by phone ((214) 651-6100) or email.
What can I do to prevent my elderly mother from causing a car accident?
Losing an unborn baby due to injuries sustained in a traffic accident (or any other kind of accident) can be extremely traumatic. Because of the nature of the loss in this type of accident, many states have struggled to decide upon a fair way to handle these cases and determine fair compensation.
In 2003, a Texas woman lost her unborn baby just weeks before her due date when she was injured in a car accident that wasn’t her fault. Although at the time Texas did not legally consider a fetus to be an individual, the woman took her wrongful death case to court and through the appeals system. The result was the 2003 Texas Wrongful Death Act amendment, that stated that viable fetuses were individuals and that the loss of such fetuses could result in a Texas wrongful death lawsuit.
In addition to a wrongful death lawsuit, an accident victim may also have the option of suing for other damages, such as those related to the emotional trauma that comes with losing an unborn child in an accident. If you have been involved in a car accident that led to a miscarriage, speak to an experienced Dallas injury attorney today about your case today.
Rasansky | McKenzie Law is available 24 hours a day by phone ((214) 651-6100) or email.
What is reckless driving, according to Texas law?
According to the Texas Transportation Code, reckless driving consists of operating a vehicle with willful or wanton disregard for the safety of others or personal property. Reckless driving has more serious consequences than a simple moving violation and traffic ticket – it is a misdemeanor offense that comes with fines up to $200, possible license suspension, and up to 30 days in jail.
How is “willful or wanton disregard for safety” defined? Generally, reckless driving is when a driver intentionally or deliberately puts others in danger without provocation. Reckless driving offenses often involve breaking more than one traffic law. Some examples of reckless driving include driving significantly over the speed limit, weaving in and out of traffic, ignoring multiple traffic signs and stop lights, or street racing. Reckless driving is not a felony, but a reckless driver could face felony charges if his or her driving caused an accident involving serious injury or death.
Have you been injured in an accident that you believe involved reckless driving? Speak with a Dallas-Fort Worth car accident attorney at Rasansky | McKenzie Law about your case. Our lawyers can help you understand who was at fault for your accident and whether you may deserve compensation.
Can a car’s “black box” recorder help my case?
Depending on the particulars on your Texas personal injury lawsuit, information taken from a car black box recorder – also known as an event data recorder (EDR) – can either help or harm your case.
EDRs are increasingly common in newer cars, and some vehicle owners don’t even know that their car contains a black box device. The small recorders can tell authorities a wealth of information about a traffic accident in the wake of a crash, including the car’s speed, whether or not the brakes were applied, and even whether or not passengers were buckled up. While information that shows you were adhering to traffic laws can help your TX accident case, information that shows that you were speeding or did not brake could harm your case.
Generally, black box recorders and EDRs are a good thing for car accident lawsuits because they can provide solid evidence regarding how and why a traffic accident occurred. However, it is important to know your rights regarding EDR information from your car and from others’ cars in Texas. To learn more about how black box recorders could affect your car accident lawsuit, contact the Dallas personal injury attorneys at Rasansky | McKenzie Law.
How do I know if my airbags are safe?
Honestly, you really can’t know if your airbags are safe. The airbag compartment is sealed, which means it is impossible to know if you even have airbags or what kind of condition they are in. However, here are some tips that can help you identify a potential problem.
- If own a used car, order a vehicle history report from CARFAX or AutoCheck. The report will tell you if your car has been in any previous accidents, has been declared a loss, been issued a salvage title, or has been rebuilt. Look to see if the vehicle has had any previous airbag deployments.
- If your car is a salvaged vehicle, look for signs that the vehicle has been in a flood. Water damage can prevent even an unused, intact airbag from deploying. Signs include:
- Musty smell
- Moisture
- Rust
- Water stains
- Electrical problems
- Mismatched upholstery or carpet
- Debris in engine
- Fog or condensation in headlights or taillights
- Check whether the airbag cover matches the rest of the car. A mismatched airbag cover could be a sign of tampering.
- Does your airbag indicator work? When you turn on your car, the airbag indicator should light up and then go out. If it doesn’t light up, flashes, or remains lit, you may have a problem with your airbag system.
To check your car for active recalls, use this site to check by VIN. If you suspect a problem with your airbag, take your car to a trusted mechanic or auto dealership for an inspection. An airbag is an important safety feature. You don’t want it to fail in the event of a car crash.
The Dallas auto accident attorneys at Rasansky | McKenzie Law can help you if your airbag fails to deploy during a car wreck. Contact our office at (214) 651-6100 to learn more.
Can I sue the bar who served the drunk driver?
If the bar either served a minor, or over-served a patron, then yes you may be able to recover a portion of your total damages from the bar, club or restaurant. This is thanks to Texas’ Dram Shop laws. 38 states across the country, including Texas, have dram shop liability statutes on the book.
Bars exist to make a profit. That being said, bars are not supposed to put the lives of their patrons in jeopardy just because of money. The dram shop law exists to ensure that bars are kept in line and that individuals who are “obviously intoxicated” don’t get served more alcohol.
In Texas, the dram shop statute makes businesses which sell alcohol to an individual who is obviously intoxicated, strictly liable to anyone injured by the drunken patron. The law goes on to state that the defendant should have noticed that the plaintiff was obviously drunk, thus serving him more alcohol would be tantamount to negligence on their part.
Negligence on the bar’s part.
Serving too much alcohol to a patron constitutes negligence and gives you the right to sue the bar that got a drunk driver drunk to the point of causing an accident for their portion of liability. This is because bars can contribute to a DWI accident when they do not follow the rules laid out by the TABC.
Conditions for filing a claim.
For a lawsuit targeting a bar and its management to be valid, there are certain things that need to be in place according to the law:
- Your Dallas drunk driving lawyer needs to prove that the bar sold the person in question alcohol.
- Your attorney also needs to prove that at the time the person was being served, it was possible to ascertain that he was “obviously” intoxicated.
- There also needs to be proof pointing to the fact that the intoxication was the proximate cause of the accident.
All these requirements can be handled by competent attorneys through proper investigation. Because of the complexity of such cases, contacting a Dallas drunk driving attorney is really your only course of action. Trying to start your own case can lead to your claim being dismissed – and you only get one shot.
Why is the bar partially to blame for an accident?
Bars (like all businesses) exist to make a profit. Left unregulated, bars will encourage more sales and more consumption of alcohol in order to make more profit. Unfortunately, serving people past the point of intoxication increases the number of drunk drivers on the road, putting others in the community at risk of serious injury or death.
Placing profit ahead of people’s lives is immoral and dangerous, and this is why these “dram shop” laws exist in almost every state. Serving alcohol is a responsibility, not a right, and the TABC has put in place very strict rules which all alcohol serving establishments must follow in order to protect the community. If a bar chooses to play by the rules, they are protected from dram shop lawsuits under what is known as the “trained server” defense. Unfortunately, many bars and restaurants simply choose to break the rules and press their luck.
When a bar, club, or restaurant ignores these rules and someone is injured or killed as a result, they open themselves up to liability and can be sued for their portion of responsibility in such an accident.
Do you believe a bar or restaurant may have overserved the person who caused your accident? Call our Dallas drunk driving accident lawyers. We can help you determine your legal options.
What if I was a passenger in the drunk driver’s vehicle?
Whether you’re a first party (the drunk driver) or a third party (anyone else injured in the accident), you may absolutely be able to file a lawsuit. As a passenger, you’re considered a third-party and may sue both the drunk driver, as well as the bar which over-served him or her.
In these kinds of cases, time really is of the essence. You have to act fast to allow for proper evidence collection and enough time to build a solid case. Rasansky | McKenzie Law is a dedicated Dallas dram shop attorney who deals with car accidents on a regular basis. If you’ve been in an accident with a drunk driver, you may be able to get compensation thanks to Texas’ Dram Shop laws. These laws enable you to hold the drinking establishment liable for their portion of liability. For more information, call (214) 651-6100 and speak to our Dallas attorneys.
What if I’m unhappy with my current car accident lawyer?
You absolutely have the right to fire your car accident lawyer and find a new one that better suits your needs. If your car crash attorney has simply not met your needs, you can seek the opinion of another attorney to verify whether or not you should terminate the relationship with your current lawyer. If your lawyer has acted in an unethical manner or broken the law, be sure to report them so that others aren’t also affected by their unprofessional actions. The bottom line? If you believe your lawyer’s poor actions may affect the outcome of your Texas car accident lawsuit, you should look for better representation.
Is my mechanic at fault if I was just involved in an accident after he fixed my brakes?
First, realize that you always have the option of suing if there is evidence to suggest a mechanic is at fault. However, if a questionable mechanic job leads to an automobile accident where there is an injury or major damage, then there may be grounds for a lawsuit.
You would have to prove that the mechanic negligently repaired your car, and that the automotive breakdown happened because of the mechanic’s specific act of negligence and not by coincidence.
What is a “phantom vehicle?”
A phantom vehicle, according to insurance companies, is a vehicle that causes a car accident or car accident injury without ever coming into contact with the car that crashes. In the majority of cases, a phantom vehicle will leave the accident scene in the seconds after causing the crash, making it difficult to prove fault and collect compensation unless witnesses come forward or physical evidence is found.
Also know as “miss and run” accidents, phantom vehicle accidents often occur when another driver’s reckless or sudden movements cause you to hit another car or run off of the road. For example, a car that is illegally passing cars, speeding, weaving through traffic, or stopping suddenly could cause a phantom car accident. In some cases, cars may even purposefully run other vehicles off of the road.
Just because phantom car accidents can make it more challenging to collect damages does not mean that you should give up on receiving compensation after your miss and run crash. The best way to learn about your case and your best options for moving forward is to schedule a free, no-obligation meeting with a Texas car accident attorney.
What is a “miss and run” accident?
A “miss and run” car accident is like a hit and run accident – except that the vehicle that causes the accident does not make any visible physical contact with your car before speeding from the scene of the crash. Also known as a phantom car accident, miss and run accidents can still result in serious property damage, life-threatening injury, and even death even though the two vehicles never collide.
What makes a miss and run accident legally different from a hit and run accident? Miss and run accidents often suffer from a lack of evidence, especially if there were no witnesses to the accident other than you. Insurance companies are suspicious of miss and run cases because there is a chance that the person reporting the accident is fabricating the second car to pin fault on someone else.
There are ways to prove a phantom car crash – tire marks on the pavement, cameras in the area, and witness statements can all help support your story. Although phantom car accidents are more difficult to receive compensation for, you should still absolutely speak with a Texas injury attorney if you have been involved in a miss and run crash and would like to seek damages.
Is there such a thing as a “freak accident?”
The term “freak accident” can be very overused – especially by the media and by those who don’t want to be blamed for causing the injury or death. While some select accidents are simply the result of bad luck, odd circumstances, or rare unfortunate events, many accidents could have and should have been prevented.
For example, we read about a recent case in which a driver was killed by a piece of debris that was on the interstate. His car kicked up the metal, which then flew through his windshield and struck him in the head. While newspapers said that he was the victim of a freak accident, we don’t believe that was the case. Where did the piece of debris come from? Did it fall off of a truck with a careless driver? Was it tied on to the vehicle improperly? Did other drivers call police to warn them that a dangerous piece of debris was on the road and nothing was done? As you can see, what initially looks like “bad luck” and a “freak accident” might have been caused by negligence and prevented.
Before dismissing your accident or the accident of a loved one as a “freak accident,” make sure you have a professional review your case and examine the evidence. Speak to a Dallas truck accident attorney today to find out the truth about your case, as well as whether or not you could seek compensation for your injuries.
What do I do if I was hit by a hit-and-run driver?
Being involved in a hit and run accident can be frustrating. Your best chance for finding the driver is to collect as much information as possible (e.g. the color, make, model of the car and license plate number if available). If you are physically able to do so, gather as much information from witnesses as you possibly can as this information could help police in their search for the hit and run driver and make filing an insurance claim much easier.
If the police are unable to locate the other driver (and you were not injured in the crash), your next step would be to file an uninsured-motorist claim for property damage with your own insurance company.
If you were hurt in the accident, be sure to consult with a personal injury attorney about your potential injury claim as these are handled very differently from property damage claims. In addition to an uninsured motorist claim, you will likely wish to file a personal injury protection (PIP) insurance claim as well. A PIP claim will give you near-immediate access to needed cash, and are considered “no-fault” claims. This means that your insurance rates should not increase due to a PIP claim. Follow this link for more information on personal injury protection claims.
The driver who hit me doesn’t have insurance. What should I do?
It happens; you get into a car accident and shortly find out that the other driver is uninsured. In such cases, your best option may be to file an uninsured motorist claim. This will help you recover money damages that will go toward compensating you for your injuries as well as the damage to your vehicle. Unfortunately, not everyone has UM coverage, and even if you do, you’ll likely have to pay your deductible.
Of course you also have the option of suing the uninsured driver. Unfortunately, very few individuals have substantial liquid assets that they can use to repay you. Even if you win a lawsuit against the at-fault driver, you may never see a penny of it.
Since every case is different and the options available to you depend on a variety of factors, consider taking a couple of minutes to give us a call or email. We’ll evaluate your claim and explain exactly what options are available to you for free. We’re available 24/7 at (214) 651-6100.
What’s the difference between an accident and a crash?
Generally speaking, the term “accident” refers to an unintentional collision. At the same time, many people feel as though referring to collisions as “accidents” implies that no one was at-fault, and/or works to downplay the root cause of most car crashes: human error.
Someone is almost always at-fault for a motor vehicle collision (except in extreme circumstances), so using the term “accident” can be misleading to many people. While it’s acceptable to interchange these terms in an informal setting, it’s important to understand that the choice of words can make a huge difference before a jury.
While in everyday conversation we refer to them as “car accidents,” official documents usually refer to them as car crashes, wrecks, or collisions. In fact, most states have now renamed their police “accident reports” as “crash reports.”
In legal terms, there is a difference between the word accident and crash. Terms such as crash, wreck, or collision provide a deeper understanding of what actually happened as opposed to the ambiguous term “accident.” An accident could refer to many things, while crash clearly implies a motor vehicle collision with no implied determination of fault.