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Chris Stoy

Rideshare apps revolutionized the travel industry and made it easier to get around major cities. However, traveling by car remains a safety issue whether you’re driving or relying on a rideshare company like Uber or Lyft. 

What do you do if you end up in a ridesharing accident?

If it’s straightforward or there’s minimal damage, you could let things work themselves out and allow the insurance companies to take care of things. That may not be in your best interest, and you may want to hire a knowledgeable Uber accident lawyer to help you navigate the process.

The Cost of Rideshare Accidents

Did you know that more than three-quarters of drivers have been involved in at least one accident?

Ridesharing apps sought to reduce this trend by eliminating some causes of vehicle collisions, like impaired driving. Further, encouraging people to use rideshares, it could cut down on traffic congestion.

While ridesharing introduced a new level of convenience for many people and created alternative transportation options, it isn’t all good news. Unfortunately, app-based driving services like Lyft and Uber also led to an increase in traffic-related fatalities. Though the numbers include pedestrians, it’s an important statistic given the overall reduction in vehicle-related fatalities over the past thirty years.

Handling the fallout from a car accident can be exhausting under the best of circumstances, but with a rideshare company, it can be even more complex due to company policies and guidelines for accidents and liability coverage.

Hiring a rideshare accident attorney may seem extreme, but it could save you a lot of time, stress, and money. 

Who is Liable in an Uber Accident?

Like any car accident, rideshare collisions can result from several causes, including weather, distracted driving, or other external circumstances.

In fact, distracted driving is a significant concern for rideshare drivers because they must remain logged into the app on their phones to track the trips. 

Ultimately, liability is a tricky determination in most cases because it isn’t always cut and dry. Determining who is at fault in a car accident depends on several things, including the police report and witness statements.  

No matter what your role or position is in a car accident, it’s important to gather as much evidence as possible at the scene, including pictures and names. When it comes to proving who is liable in any car accident, there’s no such thing as too much evidence if it helps your case. 

  • Take photographs of the scene, the vehicles, and any injuries.
  • Try to get witness statements and contact information
  • Gather insurance information from everybody involved in the accident

Keeping a file of everything that you gather will help, but you may want to contact an attorney to help. It’s a complicated process, and you may miss things due to the stress and confusion surrounding the accident.

Uber and Lyft accident lawyers know the finer points of the process and what information they need to make your case and get the best possible outcome.

What Happens if Your Uber Driver Gets into an Accident?

If you’re a passenger in an Uber or Lyft you will receive compensation for any injuries you sustain regardless of which party is found liable.

That said, Uber, Lyft, and most other rideshare companies have unique insurance policy systems that depend on the driver’s in-app status at the time of the accident.

Uber describes three insurance levels for their drivers, and most rideshare companies follow similar arrangements.

  • If the driver is offline or off-app their personal insurance must cover everything.
  • Drivers marked as available or waiting for requests have third-party liability insurance if their personal coverage doesn’t apply.
  • For drivers en route or during trips, Uber provides coverage because personal insurance doesn’t apply. 

It’s important to note that the en route and in-trip coverage is significantly higher and could make a substantial difference for drivers and passengers. That means that rideshare passengers should capture photos of their app status at the accident site. 

What Happens if You Get Hit by an Uber Driver?

Whether you’re driving a car, biking, or a pedestrian walking across the street, getting hit by an Uber or Lyft driver is one way to ruin your day. Make sure you seek medical attention for any injuries but treat it like you would any accident, call the police to file a report, and gather necessary information.

Ask for the driver’s personal insurance information and Uber’s coverage.

Make sure you ask the driver what their app status was at the time of the accident because it matters. Remember that rideshare insurance coverage is complex, so it may be in your best interest to contact an Uber accident lawyer to help you navigate the process.

Can You Sue Uber if You Get in an Accident?

Car accidents represent a significant portion of personal injury claims, but they get slightly more complicated with rideshare involved. As noted above, Uber only covers their drivers under specific circumstances, and it all depends on their status in the app. 

The situation gets muddier when you consider the brief history of claims against rideshare companies.

Companies like Uber work hard to shift the blame to their drivers and label them as independent contractors. While this approach has worked in some cases, it may not be a long-term option for companies like Uber and Lyft.

You may want to hire somebody with experience as an Uber car accident attorney. The right attorney can help you get the best possible outcome whether you pursue a claim against the rideshare company or the driver.

How Much Does Uber Pay for Accidents?

The good news is that you may not have to sue Uber to get a settlement from their insurance. Depending on the driver’s app status, Uber sets limits for coverage and promotes its support on the company website.

  • Driver set to “available” or “waiting for ride request” means Uber covers up to $50,000 per person for bodily injury with a maximum of $100,000 per accident. Additionally, the company covers up to $25,000 in property damage per accident.
  • For drivers marked “en route to pick up riders” or “in trip,” Uber covers substantially more. Expect up to $1,000,000 in third-party liability plus bodily injury coverage for underinsured and uninsured motorists. Of note, there are additional caveats and deductibles involved.

As you can see, it’s crucial that you know the driver’s app status at the time of the accident. The difference in coverage could mean a substantial difference for you. Even if the driver seems forthcoming and the case seems open and shut, you may want to contact an Uber car accident attorney to ensure you didn’t miss something and lose out on the compensation you deserve.

Tips for Choosing an Uber or Lyft Accident Attorney

Auto accidents are overwhelming for everyone involved. The stress and red tape can hinder your recovery and lead to less than satisfactory settlements. If a rideshare driver caused your accident, whether you were a passenger, pedestrian, cyclist, or another driver, you are entitled to appropriate compensation, and that may mean hiring an uber accident lawyer.

It’s probably not the best idea to choose the first personal injury attorney you come across in the phonebook. While they may know how to handle a personal injury case, if they don’t have experience with rideshare accidents, you may miss out. It’s a good idea to ask around, research reviews, and call a few attorneys to find the one you feel most comfortable with.

  • Ask about their experience handling rideshare accident cases.
  • Ask them to assess your case and give you an idea of how much you could expect to get for your claim.
  • Request a breakdown of fees and any up-front costs you would be expected to pay.

Your Rights and Responsibilities After a Rideshare Accident 

Navigating post-accident paperwork and claims can make anybody want to take the quickest route to settlement, but that could be a huge mistake. Some people may worry about dealing with a large corporation or missing important filing deadlines. 

Your Rights as a Rideshare Passenger

Most ridesharing companies, including Uber and Lyft, have established rights for passengers. Their drivers must abide by certain guidelines within these rights.

  • Safe and new vehicles, means you can refuse a ride if the driver arrives in a vehicle that’s more than 10 years old or doesn’t appear to work properly.
  • Seat belts for every passenger.
  • Sober drivers, meaning if you suspect they are under the influence of any substances, you can refuse the ride.
  • Personal space and harassment-free transport for all passengers.
  • Safe transport includes no speeding or reckless driving, including road rage. If you experience unsafe driving, report the driver to the company immediately.j

Your Responsibility for Reporting the Accident

Though you technically have two years from the date of an accident to file a claim, you should contact the police immediately and notify the rideshare company. Unless you’re injured and taken away by emergency personnel, do not leave the scene of the accident until the police release you. 

Knowing your rights and hiring a reputable rideshare accident lawyer could be the best thing you do after an accident. Many attorneys take on the lion’s share of the work so that you can focus on healing and getting back to normal.

Contact Stoy Law Group, PLLC.

If you have any other questions or need help with a recent accident, contact our team for help today. You can also fill out the free case evaluation form and have our staff contact you.

The post What you need to know about Ridesharing Accidents – Lyft & Uber Accident Lawyer appeared first on Stoy Law Group, PLLC..

Chris Stoy

Rear-end car accidents are some of the most common vehicle collisions that occur on American roads. Despite how widespread they are, they’re pretty challenging to navigate for the average person, especially when burdened with tens of thousands of dollars in damages. 

Here are some of the most important factors to consider when estimating your settlement for rear end car accident, depending on the incident’s specifics. 

How Much Should a Rear End Collision Settlement Be? 

Your expected settlement total depends on numerous details in your car accident case. 

For instance, you might expect a minimal payout if the negligent driver hardly did any damage to your vehicle or property in the crash. However, if you suffered extensive losses, such as a totaled car, it’s reasonable to predict a higher settlement total.

These caveats represent some of the most compelling reasons you need a car accident lawyer to represent you if you become a victim of another driver’s negligence. An experienced attorney will be thoroughly prepared to represent you and increase your chances of receiving an appropriate settlement to cover all losses and damages. 

Here are the primary factors that typically contribute to an accident’s expenses to give you a more thorough understanding of how to predict your rear end collision settlement.

Medical Costs (Related to Personal Injury)

In 2019, motor vehicle incidents caused 4.5 million injuries. Not all car crashes require extensive medical attention. 

Still, it’s always a good idea to talk to a doctor if there are wounds that evade your immediate attention. Common injuries include neck and back injuries, whiplash, and contusions.

Pain and Suffering

Many people tend to suffer from psychological and emotional trauma in a collision’s aftermath, especially if they experienced a significant injury or lost a loved one in the event. Post-traumatic stress disorder (PTSD) is one of the most likely mental disorders accident victims may develop. 

Property Damage

This is the most obvious damage you must factor into your settlement total. Note that “property” includes the vehicle and stationary objects like a fence or a building. 

Depending on your policy, you might be able to cover the repair or replacement of items inside the car, too.  

Wage Losses

Any time you spend at the hospital, at a mechanic’s shop to repair your vehicle, or handling other logistical elements of the crash takes away from your work time. 

You can be compensated for this as long as you document your hours to demonstrate that you could not attend work as a direct consequence of the crash.

Wrongful Death

The worst possible outcome a collision can have is the loss of life. Back in 2019, roughly 38,800 people died in these incidents. Although this represents the continuation of a small yearly decline, it illustrates a dark reality of the risks of driving on U.S. roads. Wrongful deaths tend to be the most expensive settlements.

It would be best to consider all this before you conclude what your settlement value of rear end accident might be. Depending on the accident’s specifics, you might be looking at average minimums of $15,000 to highs of $150,000. 

Some cases even reach tens of millions. In these cases, the accident likely either resulted in a death, left the victim with extreme, permanent injuries (e.g., paralysis), or involved a commercial or government vehicle. 

Commercial Vehicle Rear End Collision

The most common vehicle collisions involving commercial automobiles are truck crashes. These are some of the deadliest accidents to be involved in, mainly because of the semi-trucks weight and size. 

The average 18-wheeler weighs about 35,000 lbs empty. According to the Interstate Highway System commercial vehicle maximum standards, they can get up to 80,000 lbs maximum when they’re loaded. 

Suppose you’re rear ended by a company vehicle (even if it’s not a semi-truck). In that case, the blame may not fall on the driver but on the company or manufacturer. This is because the fault may not simply be the driver’s behavior, but any of the following:

  • Poor vehicle maintenance 
  • Improper cargo loading
  • Faulty components

If any of these are indeed the problem underlying the crash, your case will likely grow in complexity and cost. Below are some examples of a settlement for rear end car accident total in various commercial truck accidents. 

Examples of Settlement Totals in Truck Crashes

As mentioned above, vehicle collision settlement amounts differ greatly depending on the specifics of the event. Here are a few past cases to give you an idea of how your case might play out.

Walmart Truck Driver. A limousine slowed down due to congested road conditions. A truck driver (who had not gotten any sleep in the preceding 24 hours) was approaching from behind, exceeding the speed limit by 20 mph. 

The truck struck the limousine, killing one passenger and injuring numerous others. One victim received the following injuries:

  • Traumatic brain injury (TBI)
  • Fractured ribs
  • Fractured leg

Due to these injuries and the overall collision, this individual reportedly received approximately $90 million from Walmart. (Attorneys were not at liberty to confirm or deny this amount.)

Liquid Nitrogen Truck Accident. A tractor-trailer carrying liquid nitrogen crashed into the victim’s vehicle from behind, causing the individual to suffer a herniated disc in his spine and excruciating pain extending down both legs. 

Although the victim initially refused care on-scene, he ultimately required $880,000 in medical bills (which multiple experts testified should have cost significantly less). 

Ultimately, the victim received $3,464,288 in total, which included:

  • Past and future medical expenses
  • Past and future lost wages 
  • Past and future pain and suffering

Rear End Accidents with Government Vehicles

Getting rear ended by a government vehicle is an entirely different matter from being hit by another casual driver or company vehicle. This is because there are a lot more legal nuances in these cases than any other. 

This is primarily due to the Federal Tort Claims Act (FTCA). This statute grants immunity to U.S. government employees operating within their job duties at the time of the accident. Although the law acknowledges the following, you’ll still need to deal with a lot of legal confusion when you’re going up against a federal or state entity after a rear end car accident. 

28 U.S.C. § 1346(b): “The United States shall be liable . in the same manner and to the same extent as a private individual under like circumstances.”

You shouldn’t be discouraged from holding a government employee accountable for injuring you or damaging your property in a car accident. Just know that when you do, the case will be more complex than you might expect due to their unusual immunity in some cases. This increases the need for an attorney. 

It’s significantly more difficult to estimate an average settlement for rear end collision with a government vehicle. In this case, you’ll need to discuss the matter in-depth with your rear end car accident lawyer. 

How Long Does it Take to Settle a Rear End Collision Case?

The time required to reach a settlement for rear-end car accident depends on your incident’s details. Typically, the more extensive the damages and injuries are, the longer the case will take to conclude. This is because of the extensive paperwork and legal processes required to cover your claim’s details. 

Here’s a quick overview of what it takes to file a claim for your rear end car accident:

1. Day 1, immediately after the crash:

  • Document evidence at the scene. If you are capable of doing so, take photos and videos of the damage and write down the events that occurred before, during, and after the crash. All the details matter in proving the damages and rightfully demonstrating who is at fault
  • Call the police. This will provide you an indisputable legal document reflecting the case’s details. 
  • Contact your insurance company. Get the incident on record with your insurer as soon as possible to improve your chances of receiving your due compensation. 

2. Several days, weeks, or months:

  • Seek medical attention. You should do this as soon as possible after the crash. However, your doctor may require repeated visits over several weeks or months, depending on the extent of your injuries. After the necessary period, you’ll get the medical paperwork to make your case against the negligent driver. 
  • Contact an attorney. Present your car accident lawyer with as much information as possible about the case. They will handle further investigation to determine fault and secure your owed settlement. 

3. Up to 90 days or several years:

  • Settlement. If there are only minor damages, you can expect to wrap up your case within 90 days. This is the average time frame for a rear end collision. However, more extensive damages and injuries may take years, as they must go through a lengthy litigation process. 

Find Legal Help to Secure Your Settlement for Rear End Car Accident

Navigating the legal process for rear end settlements and claims is incredibly difficult, especially if you’ve suffered extensive injuries or lost a loved one in the crash. 

Yet, with an experienced attorney at your side, you can be confident that you’ll get the settlement you need to cover your expenses and have a stress-free recovery. Contact Warriors for Justice to get started on your claim today. 

The post Rear-End Accident Settlement & Claims appeared first on Stoy Law Group, PLLC..

Chris Stoy

Who is at fault in a car accident? When you’ve just been in a collision, that might not be your first concern.

However, when it comes time for the police and insurance to get involved, there’s no doubt you will want to know who is at fault.

Indeed, you will have to know.

This article will outline how to tell who is at fault in a car accident—and who determines that part. 

We will also discuss how car insurance companies proceed with accident claims depending on who is at fault and the role of the police in everything.

It is crucial to know as much as you can about liability and how it is determined. It will make the claiming and recovery process much easier for you.

What is an “At Fault Accident”?

An at-fault car accident is one where you hold some or all of the legal responsibility for causing the accident. Determining who is at fault in a car accident is not always straightforward. 

In some cases, it’s clear: if a driver has run a red light and the other has not, then the one who ran the light is at fault. Similarly, if you’ve rear-ended someone, you are at fault for that collision.

However, in other cases, it’s more complicated.

If you’re speeding and hit someone who did not signal a lane change, then your insurance adjuster may determine that you’re both at fault. How adjusters determine who is at fault in a car accident depends on state laws. One driver, in this case, might be more at fault, but both drivers will carry some responsibility for what happened.

Who Determines Who Is At Fault in a Car Accident?

Many people and parties help determine the responsible driver in an auto collision. 

You and the other driver (or drivers) will play an important role, as you know what you were doing when the impact occurred. Both of you, if you are able, should take photographs of the scene. Be aware also of traffic lights and signs that might further indicate who violated the law. Being courteous and respectful toward the other driver (or drivers) is essential while collecting evidence.

Moreover, witnesses at the scene are vital for helping to determine fault.

Going back to the merging example above, you might not have noticed that the other driver did not signal their lane change. However, other people on the road may have seen it. They will prove helpful to you in gathering your evidence.

The police are also going to be useful here.

After all, the officers can test for things like blood alcohol levels and other intoxication types—matters you might suspect but can’t prove definitively by yourself. They will also be able to file an official report regarding the accident, which is crucial in determining fault.

We have a guide to what to do after a car accident if it’s not your fault. Even if you do end up being at fault, follow this guide carefully.

When you have accumulated all of your evidence, you then submit it to your insurance company. It is them who will ultimately determine who is at fault in a car accident.

How Does Car Insurance Decide Who is At Fault?

When you’ve compiled all of your evidence and gotten the police report proving your lack of guilt, it might seem as though your insurance company’s decision will be obvious. Unfortunately, though, your adjuster’s conclusions are not necessarily going to follow the path of logic you and the authorities have been following.

Let’s say, for instance, that someone rear-ended you.

Typically, the fault would lie with the driver who rear-ended you. However, if you were, say, speeding and failed to signal a lane change, your insurance adjuster might decide to assign most of the fault to you.

For another example of how fault and liability might not always be straightforward, consider, “I Was Hit Backing Out of a Parking Space. Who Is at Fault?” Sometimes, if one driver has done something “more” illegal than the other, that first driver could be deemed more liable than the other. 

Again, though, this is not guaranteed. Your adjuster will weigh all of the evidence available and make a decision based on that.

Does Insurance Pay If You Are At Fault in an Accident?

What happens if you are at fault in a car accident depends on state legislation. In no-fault states, where personal injury protection is mandatory as part of one’s auto insurance coverage, your insurance will cover you for injuries incurred regardless of liability. Outside of these states, consult a personal injury lawyer for your recourse options.

Whether or not you get compensated for vehicular damage depends on state legislation and your level of fault. 

In pure comparative negligence states, your coverage amount depends on the other driver’s level of fault. In a 50/50 at-fault accident, their insurance would cover 50% of your costs and vice versa.

In modified comparative negligence states, your insurance will not pay you out if you are mostly at fault for an accident. For example, if you are 51% responsible for the collision, you will most likely not get any compensation.

Then, in contributory or pure negligence states, you will not receive any compensation if you are at all at fault.

What happens if both drivers are at fault in an accident depends on state laws and each driver’s specific level of responsibility.

In a Three Car Accident, Who Is At Fault?

In such a collision, insurance companies determine fault along the same lines as a two-vehicle accident.

Do Police Reports Say Who Is At Fault?

Police reports can certainly indicate who’s at fault. However, as we’ve seen, they are not the one-and-only deciding factor.

Is the first party named in a police accident report at fault?

Again, not necessarily.

The police can do everything they want to attempt to assign fault. However, as far as insurance companies are concerned, the police report is just one piece of evidence (albeit a compelling one).

How To Prove You Are Not At Fault in an Auto Accident

If you’ve been in a vehicle collision, you will want to prove you are not at fault—or, if your state uses a comparative negligence law, that you are not mostly at fault. Your biggest ally in proving yourself will be the police report. Your own, the other driver’s (or drivers’), and eyewitness evidence will also be beneficial.

What if the at-fault driver won’t contact the insurance company?” We discuss your options more in that article.

When in doubt, contact a car accident lawyer.

Contact Stoy Law Group Following Your Vehicle Accident

Overall, determining who is at fault in a car accident is paramount to ensuring your auto insurance claim is successful. It isn’t always easy to figure it out, and it’s not always a black-and-white matter.

However, it is crucial to figure out the amount of responsibility you bear, especially if you live in a pure comparative negligence state.

Make sure that you gather as much information as you can from the scene as possible. The reports of witnesses, police, and the other drivers involved will help your insurance adjuster determine who is at fault and whether or not you get any compensation.

If you need help in proceeding with your claim, regardless of how at-fault you may be, we at Stoy Law Group are available to assist you.

You can submit a free case evaluation online. You can also get in touch via our online contact form or by calling (817) 820-0100.

The post Determining Who is at Fault in a Car Accident appeared first on Stoy Law Group, PLLC..

Chris Stoy

When you’re involved in an accident, it can be confusing to know how the insurance coverage will work. Who is at fault is often a determining factor of whose insurance will pay – whether it will be a first or third-party claim – but the outcome isn’t always straightforward. 

Read on to learn more about first and third-party insurance and how people make the claims.

First-Party vs Third-Party Insurance

While most people understand that insurance covers various types of situations, from vehicle accidents to property damage and inclement weather, there is a lot of confusion surrounding first-party vs third-party insurance. 

Generally speaking, first-party insurance refers to the insurance held by the policyholder. In contrast, the third-party refers to insurance claims made against an insurance policy by someone who is not the policyholder. 

First-Party Insurance

First-party insurance is coverage that you purchase to cover your own losses. For individuals, a first-party plan usually takes the form of health, property, or vehicle insurance. 

Example insurance coverages include:

These types of provisions cover you financially in the event of damage to your vehicle or property, or if you accrue medical expenses. You may also be protected if you, your vehicle, or your property injures someone else or damages their property.

Businesses can also purchase first-party insurance, which will protect their building, employees, or the company itself if it is held liable for any incident. First-party insurance can often prevent businesses from having to face significant lawsuits if they’re responsible for an injury or damage.

First-party insurance may also cover you if you’re involved in an accident that isn’t your fault, and the other party doesn’t have insurance. Your insurance will often then pay your costs. If your first-party insurance has this feature, then you should always be covered, whether the incident is your fault or someone else’s.

First-Party Claim

In a first-party claim, the policyholder, or person who has the insurance, files a report directly against their own insurance policy. The policyholder usually has to pay an agreed-upon deductible, and then the insurance will cover the rest of what is due.

The insurance company may not always approve the claim. They will review the policy and see what is covered. If the claim falls outside what is in the policy, the insurance company will refuse to pay.

Examples of a First-Party Insurance Claim

A homeowner’s house has extensive damage after a hurricane. They file a claim against their insurance to repair the damages.

A vehicle owner causes a fender bender in a parking lot. They file a claim against their insurance to have their car repaired.

A person falls ill and requires a two-week hospital stay. They file a claim against their insurance to help cover their medical costs.

What to Do When Your First-Party Insurance Doesn’t Cover a Claim

In some cases, your insurance company will refuse to cover a claim. They may base their refusal upon what is in your policy.

If something isn’t covered, then they won’t pay.

However, situations aren’t always as black and white as what is in a policy. Sometimes the language may be vague, or it may not take into account an unforeseen situation.

Bad Faith Insurance Practices

In some instances, you may decide that your insurance company is acting in bad faith if they choose to deny a claim. You may think that your policy does cover the claim they reject. 

There are several ways in which an insurance company can act in bad faith.

In some bad faith cases, the insurance company will pay you, but it is less than what you require to take care of the issue. The payment may also be less than what they’re required to pay you.

In other cases, the company might delay or outright deny payment for a claim. They may give very little by way of an explanation. 

In many cases, the insurance company doesn’t investigate the claim properly to determine what coverage is needed. They may also require more work than necessary on your part to try and make you give up if it seems like too much trouble.

Sometimes they may try to put you off by getting confrontational, making it seem like you’re in the wrong, or neglecting to inform you of any necessary appeals process once your claim is denied.

The attorneys at Stoy Law Group fight these frivolous lawsuits!

If You Feel Like Your Claim Was Wrongfully Denied  

If your insurance company denies your first-party insurance claim, you may think there is nothing you can do. You may feel especially overwhelmed if you have no other way to pay for the damage or care.

However, if your insurance company is acting in bad faith, you can seek legal help to help you get the payment you need and deserve.

A lawyer can go through your policy to help you to determine if the insurance company is acting in bad faith. They can then advise you of the best action to take and help you get the money you need to cover your costs.

Can You File a Lawsuit Over a First-Party Insurance Claim?

There are several reasons why you may choose to file a lawsuit over a first-party insurance claim. 

Your insurance company may deny your request, or they may give you much less than you need to cover your damage or injury expenses. They may use other bad faith tactics, such as making you jump through hoops of paperwork and documentation or dodging your phone calls.

If you believe that your insurance policy covers your incident, you can file a lawsuit against your insurance company.

Our attorneys can help you figure out if your insurance company is acting in bad faith. If they are, we can file a lawsuit to get you the money you deserve to cover your expenses.

Third-Party Insurance

Third-party insurance is a part of your insurance policy that covers any damage or injury you may cause. If you or your property causes harm to another person or property, you can be held liable for any costs incurred. 

In these situations, you may find yourself paying thousands of dollars or in the middle of a lawsuit if you can’t cover the costs. Third-party insurance can help you avoid these unforeseen expenses.

You can get third-party liability insurance with home, vehicle, or business coverage. This provision is added to your first-party insurance coverage. Your policy will outline the types of third-party liability it will cover. 

Examples of Situations Where You May Need Third-Party Insurance Coverage

There are many situations where third-party insurance can come in handy.

For example, you may cause a car accident, injuring the other driver, and damaging their car. 

At your house, you may be cutting down a tree. You could misjudge where you’re cutting, and the tree could fall and damage your neighbor’s house. 

In both cases, your third-party insurance will help you pay for the damage.

What Is a Third-Party Claim?

If you are injured, or your property is damaged due to another person’s negligence, you may choose to file a third-party insurance claim. 

This type of claim is a report that you file against the other person’s insurance. If that person has an insurance policy that includes third-party insurance, your costs may be covered.

In one third-party insurance example, another motorist may run a red light and strike your vehicle. You may suffer injuries and damage to your car. The other driver should be held responsible.

In most cases, the other driver’s insurance will pay for your damages. 

In another example, you could slip on the floor in a business because the floor is wet, yet the business owner neglected to display a wet floor sign. You may suffer a broken bone. You would file a third-party insurance claim to pay for your medical expenses.

If your neighbor throws a baseball and breaks your window, you’ll need to have it repaired. You would then file a third-party insurance claim for property damage.

What Is Covered and Not Covered by Third-Party Insurance?

Whether you are applying for third-party insurance or filing a claim, you’ll need to know what is covered in third-party insurance. Every policy is different, so you’ll need to read the fine print. 

In some cases, the wording can be vague.

An insurance company may deny a third-party claim settlement, citing the ambiguous language as their reason. If you feel that you deserve compensation and that the other insurance company is acting in bad faith, a lawyer can sort through the policy for you and help you get what you deserve.

Will a Third-Party Claim Affect My Insurance?

Typically, third-party claims are separate from your insurance. If you are worried about your premiums being affected, you can file the third-party claim directly with the insurance company of the person at fault.

However, if you don’t wish to deal with the other person’s insurance company, you’ll sometimes have the option of your own insurance company handling it.

You’ll have to file a first-party claim with your insurance, who will then file a third-party claim with the other person’s insurance company on your behalf.

Can You File a Lawsuit Over a Third-Party Insurance Claim?

In many cases, the insurance company may reject your third-party insurance claim. Many insurance companies try to get out of paying compensation for those who don’t hold insurance with them. They may deny your request entirely, or they may try to lowball and give you less than you need to resolve your issue.

In these situations, you may have to turn to your own insurance policies to get the money you need. You may wind up paying a deductible, and your premium may go up. If another party caused the accident, it’s not fair for you and your insurance company to be forced to pay.

If you feel the third-party insurance company is in the wrong, you can bring a lawsuit against them.

Our lawyers have extensive experience in dealing with denied third-party insurance claims, and we can help you get the compensation you deserve to cover your losses. 

Frequently Asked Questions

Here are a few more questions you may have about first and third-party insurance claims.

How Do You File a Third-Party Insurance Claim?

After an incident, you and the other person should exchange insurance information. You’ll need to contact your insurance provider and may wish to contact theirs as well.

Typically, your insurance company will handle the claim with the other insurance company.

The third-party insurance company may require you to get an estimate for the cost of repair. They may also send out an adjuster to decide if the claims are valid and what should be covered. You may also need to figure out what is covered and not covered by third-party insurance.

How Long Do You Have to File a Third-Party Insurance Claim?

The law may vary from state to state, but most states will allow up to 30 days after the accident to file a claim. It’s best to start gathering documentation, such as paperwork, pictures, and estimates, as soon as possible after an accident.

Is First-Party Insurance Better than Third-Party Insurance?

There are positives and negatives to using first-party or third-party insurance.

Your insurance company will likely be easier to work with, as you have a policy with them. However, if the accident wasn’t your fault, the other person’s insurance should pay. If you use your insurance, you could face a deductible and higher premiums.

Contact Stoy Law Group, PLLC.

When you’re involved in any sort of accident, you can typically rely on a first-party or third-party insurance claim to help you cover your costs and receive any compensation.

However, there are cases where insurance companies will act in bad faith. They may offer you less compensation than you’re entitled to, or they may refuse to pay outright.

If you feel your insurance company or a third-party insurance company is acting in bad faith or would like more information about these two types of insurance claims, you can call Hutchison and Stoy for help

The post First-Party vs Third-Party Insurance Claims Explained appeared first on Stoy Law Group, PLLC..

Chris Stoy

Getting out of a car accident alive without any major traumatic injuries (broken bones, burns, head injuries) will make you think the accident wasn’t so bad. After all, you survived, and your insurance company likely covers your vehicle.

However, what do you do about neck and back pain that develops over time and starts to affect your daily life?

The symptoms of whiplash from a rear-end collision that hinder the comfort of your lifestyle throughout the years are significant injuries. Neck pain and back pain after a car accident can quickly and unexpectedly become debilitating. 

Fortunately, there are ways you can get the treatment and compensation you deserve after your accident.  

How Long Should You Be Sore After a Car Accident?

During a car accident, the overwhelming force causes your body to whip back and forth with an unnatural amount of power. As a result, the muscle fibers in your neck and back strain and become incredibly sore. Some of the common symptoms of whiplash are headaches, sharp pains throughout your neck and back, nausea, and even a concussion. 

You don’t always feel the symptoms of whiplash right away. Sometimes it can take up to 24 hours to feel any pain since your body is still in shock.

This incident is known as delayed pain after a car accident.

Most people feel the worst of their symptoms after waking up the morning after the accident takes place. 

What do you do if your neck hurts after a car accident? You can’t rule these pains out as temporary, as they can develop into more severe injuries in the future. 

How Long Does Neck Pain Last After a Car Accident?

So how long should you be sore after a car accident?

In some cases, car accident neck pain starts to recede after a few weeks. Many people experience neck and back pain for months or even years after their accident. You can wait and see if your injuries will go away after a few weeks, but it’s recommended that you take action right away.

Other things that determine how long neck pain lasts after an accident are age, pre-existing conditions, and whether you treat your injuries correctly. Your pain tolerance might be higher than others, so you don’t notice your injuries or brush them off as being minor pains. 

However, you should still consider reaching out to a legal professional for financial compensation, even if your injuries appear to be minor. 

What to Do if You Have Symptoms of Whiplash from a Rear End Collision

Please don’t take any chances when it comes to your health. If you’re experiencing symptoms of whiplash, see your doctor right away.

A doctor can determine the severity of your injuries and help with pain treatment after an accident. The sooner you see a doctor, the better chances you’ll have of a full recovery. 

If you don’t know where to get medical help, our team of personal injury lawyers can refer you to a doctor without any out-out-pock costs.

Treatment for Neck and Back Pain After an Accident

Other than seeing a doctor, there are a few things you can do at home to help treat your back and neck pain after a car accident.

To start, you can look into several different stretches and exercises that help recover your mobility and reduce pain. However, stretches and exercises will only get you so far. 

If you want to treat your neck and back pain correctly, you’ll need a proper diagnosis from a doctor. Knowing your pain’s root cause is the best way to ensure you will have a safe and speedy recovery.

Some of the most common neck and back injuries after an accident are:

  • Herniated disc
  • Lumbar sprains
  • Spinal stenosis
  • Facet joint injuries

A doctor can take x-rays and determine what’s causing your pain and discomfort.

After, they will recommend the best route to take for treatment and possibly provide you with medication. 

Common Back Injuries After an Accident

If you’ve been rear-ended, back pain after a car accident is incredibly common. Car accidents can cause soft tissue damage and several other spinal cord injuries that can negatively affect your lifestyle. As a result, those experiencing such injuries should consult with a doctor and then a personal injury attorney.

The spinal cord is intricate and can leave you extremely vulnerable if critically injured.

Your spine has three main sections: lumbar (lower back), thoracic (upper back), cervical (neck). Each section of the spine contains several nerves and soft tissue.

Lower Back Pain After a Car Accident

Since the lower back consists of several muscles, an injury can cause a great deal of pain.

One of the most common lower back injuries after a car accident is a herniated disc. A herniated disk is where one of the discs in the spine slips out of place, causing pain and difficulty to walk or stand.

Upper Back Injuries After a Car Accident

The upper back directly connects to our ribs and several other muscles. As a result, injuries to the thoracic spine can limit movement and make it difficult to breathe.

Additionally, a traumatic upper back injury can leave you with nerve damage and other more severe conditions. 

Spinal Stenosis

Spinal stenosis occurs when the spaces between your spine become more narrow. This injury can put significant pressure on your nerves throughout the upper and lower back and leave you in a lot of pain. Physical therapy and medications are the best way to treat this condition. 

Help with Pain Treatment After a Car Accident

If, after seeing the doctor, you still feel discomfort from your accident, try out some of these home treatments:

Ice the Affected Area

After an accident, your joints and ligaments are overstretched and swollen. Even if your injury is a few weeks old, icing the affected area will reduce inflammation and pain.

Make sure to use ice several times per day and for about 15 minutes. You’ll really start to feel the difference after only a few days.

Use Heat Packs

Heat packs work wonders for muscle and joint injuries. Like ice, apply a heat pack every 2 to 3 hours for about 15 minutes every day. The heat will encourage blood flow, which will ultimately speed up your recovery. 

Try an Over the Counter Medication

If your doctor gives you the green light, try out some over the counter anti-inflammatory and pain medications.

Some of the most common are Tylenol, Ibuprofen, and naproxen. 

Move Your Neck Frequently to Prevent Stiffness

If your neck sits in one position for too long, you’ll experience painful stiffness and will make it generally uncomfortable. The best thing you can do to prevent this is to keep your neck in motion as much as you can. This can include light stretching or rotating your neck to help maintain mobility.  

Avoid Sitting for Too Long

Perhaps you work at a computer all day, and that’s okay.

However, make sure you take frequent breaks to stand up and stretch. This little extra effort will help relax your muscles and make you feel more comfortable throughout the day. 

Avoid Heavy Lifting

Carrying heavy objects can make your symptoms worse. Therefore, you should avoid any heavy lifting if possible. If you’re required to lift heavy objects for your job, make sure you do it properly to avoid any further strains.

Compensation for Back and Neck Pain After a Car Accident

If you’ve recently been in a car accident or are currently going through a costly medical recovery, you may be entitled to financial compensation.

You can start by speaking to a personal injury lawyer to see your options for suing for the damages. 

Not only do you deserve the financial compensation to help pay for the expensive medical bills, but you also deserve some restitution for the emotional roller coaster the accident has you on.

You would be surprised at what you’re entitled to if you can find the right attorney.

On that note, if the other party is at all responsible for reckless driving or negligence, then you are entitled to compensation for lost time and money.

You are entirely in the right to file a lawsuit and get a fair settlement. 

Why You Need A Personal Injury Attorney

Fighting this battle on your own won’t be easy.

Insurance companies don’t have your best interest in mind and will do everything they can to cut corners. If the other party involved has an efficient legal team, they might find loopholes to prevent you from receiving the compensation for back and neck pain after a car accident you deserve.

A reliable personal injury lawyer will ensure that your case is taken care of correctly and that you’re well-protected in a court of law.

Additionally, the entire legal process can take several months, so you need a dedicated legal professional who can handle your case while you continue to live your life. 

How to Find Help for Delayed Pain After a Car Accident

Have you or a loved one recently been in an accident and is suffering from neck and back pain?

Reach out to our office today to schedule a time to speak with one of our leading personal injury lawyers. 

Our legal team has years of experience winning personal injury cases. Contact us today for a free case evaluation. 

The post Treating Neck and Back Pain After a Car Accident appeared first on Stoy Law Group, PLLC..

Chris Stoy

It’s a nightmare. You get into a car accident, and the at-fault driver won’t contact insurance. What do you do? Who do you call? It can be a frustrating thing to deal with.

Thankfully, you’re not at a total loss.

My Insurance Company Can’t Get a Hold of the Driver at Fault

Unfortunately, there isn’t much you can do to make the other driver cooperate. The other driver is not required by law to cooperate in any given situation. Their insurance may not offer them coverage if they fail to cooperate, but that doesn’t help you in any way.

When your insurance can’t get a hold of the person at fault, you may be left with some rather unappealing options.

If You Know the Other Insurance Company

If you know the other driver’s insurance company, pass on the information to your insurance provider. When your insurance can’t get a hold of the person at fault, they may have better luck reaching the other company directly.

Never reach out to another insurance company on your own. This is a risky thing to do, and it’s best to leave this part of your claim up to your insurance company or lawyer.

Get a Declarations Page

If you don’t know the other person’s insurance company and have no way of contacting the at-fault driver, get a “declarations page” from your insurance company to see the extent of your coverage.

In the very least, you may find that your coverage will be enough to fix all of your damages and pay any medical bills.

Get a Copy of the Police Report

If cars were totaled and you or the other driver contacted the police, then there will be a report on file. It’s best to get a copy for yourself regardless, but by getting a copy of the police report, you may be able to find the name of the insurance company of the at-fault driver if you weren’t sure previously.

Not all reports include contact information, so it’s best to find the name of the insurance company right after the accident.

If All Else Fails

If all else fails, seek out a car accident attorney. If your coverage is not enough or you can’t contact the other driver or their insurance company, you should look into getting an attorney to fight for your case.

Should I Talk to the Other Insurance Company After the Accident?

No.

If you’re wondering, “should I talk to the other insurance company after a car accident?

The simple answer is: don’t do it.

Only reach out to your own insurance company and never to the company of the other driver. You should never talk to the other insurance company after the accident. The at-fault driver is expected by common courtesy to contact his/her own insurance company.

After that, your insurance company should be the only one to contact the other driver’s insurance company.

Should I Call the Insurance Company of the At-Fault Driver?

You should never call or talk to the insurance company of the at-fault driver. The other company will do their best to save money and appeal to the driver insured under their business. They have no intention of helping you.

Why It’s Risky to Consult With Other Insurance Companies

One of the main reasons it’s risky to consult with other insurance companies is that they’ll ask to record you. Always deny a recorded call with other companies if you can.

The goal of the other company is to take a recorded statement about the accident. They want you to admit fault either in writing or on recording so that your claim will become invalid.

The best steps to take is to avoid calling or reaching out to the other insurance company at all costs. They are not your friend. Their goal is to save as much money as possible, and they will do what they can to invalidate your claim.

What Should I Do if the Other Person’s Insurance Provider Keeps Calling?

When the other driver’s insurance company keeps calling, you may not be able to avoid them. It’s best to remain polite and remember the risks that come with speaking to an opposing insurance company.

If you have an attorney, inform the insurance company to contact your lawyer to discuss your case.

Answer and Be Polite

If the other driver’s insurance company calls, answer and remain polite. Be direct and remain cordial. You do not have to agree to anything they offer, nor do you have to hold an extended conversation with them.

Let them know you are not interested in consulting directly with them and offer them a contact number for your insurance company or attorney.

DO NOT Agree to Any Recordings Or Written Statements

Do not agree to any recorded statements or written statements. They will most likely end the call if you refuse a recording. You are not required by law to agree to any recorded statements.

Be polite and decline their request.

Only Provide Your Name, Contact Information, and Address

If they do not hang up after you decline a recorded statement, offer them the bare minimum when it comes to information. Give them your name, contact information, and address. You should also give them the name of your insurance company and a number they can use to reach your insurance.

DO NOT Talk About the Accident

The other driver’s insurance company will likely want to ask you questions in regards to the accident.

Again, their goal is to get you to agree that you may have been at fault. Politely tell the agent on the line that you do not wish to talk about the accident. If they would like more information, they can reach out to your insurance company or attorney.

Tell Them to Contact Your Insurance Company

The most important thing to do is to offer them the name of your insurance company and a good contact number. All matters of your claim should be handled through the two agencies and not with you.

What If the Other Driver’s Insurance Won’t Pay?

This is a rare instance as most insurance companies of the driver at fault tend to pay the expenses required. If a police report was written and the fault of the accident was decided on-site of the accident, the insurance company is required to pay for your car’s damages.

The best thing to do if they refuse to pay is to pursue the claim extensively.

If you have proof of fault for the other driver in writing, use that to your advantage. It can be a tedious process to continue working with your insurance company to contact the other party, but in the end, it will benefit you.

If the other driver’s insurance company still refuses to pay for your damages, contact a lawyer.

In extreme cases where neither the other driver nor the insurance company is being cooperative, its best to reach out to an attorney to help you backup your claim.

What Happens If You Don’t Respond to an Insurance Claim?

If you’re at fault, the other insurance company will seek out your insurance provider, regardless of whether or not you respond to an insurance claim.

If the other party is at fault, it would be unwise not to respond to an insurance claim as it is likely in your favor. In this case, you’ve made the claim or the other party has been cooperative in settling the issue as quickly as possible. You’ll want to follow through to ensure you get the coverage you need.

If the other party inaccurately deems you at fault, get a copy of the police report as a written statement testifying otherwise. If you don’t have any written record of the accident or who was at fault, reach out to an attorney who can help clear up the confusion.

What if the Other Driver’s Insurance Company Doesn’t Accept Fault?

If the other driver’s insurance company is not accepting fault, the most common solution is to have your insurance company cover the repairs for your vehicle. If your coverage can repair your vehicle damages and handle any medical bills due to the accident, then that would be your best option.

Though it is not the ideal solution, it is one of the quickest and easiest to work with. Your insurance company will cover underinsured, uninsured, and uncooperative damages from the at-fault driver.

In most instances, you won’t have to pay anything extra to fix any damages.

When to File a Lawsuit

If your coverage cannot cover all damages or if you find it unfair that the other insurance company denied your claim, you also have the option to sue the other driver’s insurance company.

As always, speak with an attorney before making any big decisions. Gather up all critical files supporting your claim and be sure to have a lawyer present when arguing your claim in court.

Contact Stoy Law Group

Working with another insurance company and an uncooperative at-fault driver can be time-consuming and irritating. If the situation is dire or gets out of hand, seek an attorney or professional help.

Here at Hutchinson and Stoy, we aim to help you fight for your claim. Our personal injury lawyers work to ensure that you are treated fairly in your efforts against the opposing insurance company.

Contact our Fort Worth office today at (817) 820-0100 to get help with your case.

The post What if the At-Fault Driver Won’t Contact Insurance Company? appeared first on Stoy Law Group, PLLC..

Chris Stoy

Each year, millions of people around the country die after being involved in an accident. In fact, it’s one of the leading causes of accidental death in the United States.

As common as it is, though, many of us don’t know exactly what happens if someone dies in a car accident.

In this post, we’re going to go over how families can deal with the legal and financial ramifications of a traffic accident causing death.

How Often Does Someone Die in a Car Wreck?

Car accidents kill around 1.25 million people each year, with many more suffering from non-life-threatening injuries. The National Highway Traffic Administration estimates that a wreck occurs at least once every minute of the day. While some of these are minor, others can result in fatalities.

Some victims die at the scene of a crash in what’s known as a sudden death accident, often the result of a high-speed impact or blunt force trauma.

In an eventual death accident, the victim lives long enough to reach a hospital. However, due to extensive physical damage, their body is unable to cope. They may pass away in the ambulance or at a medical facility.

These deaths also count as road fatality victims. 

The main reason that road deaths are so common is that we spend time in our cars just about every day.

For most of us, it’s the most dangerous thing that we do regularly. And yet, many people still violate the road rules when driving, which is often the cause of fatal accidents. 

The Most Common Causes of Road Accidents

Many people wonder: how do people die in car wrecks?

There are countless ways that drivers find themselves getting into a car accident resulting in death. Sometimes it’s just a minor fender bender, while other times, their car might get totaled.

However, most drivers would agree that the most concerning accidents are those with the likelihood to end in fatality. 

While most people think of drugs and alcohol as the leading cause of fatal accidents, speeding actually takes more lives than any other road infraction. Even just going a few miles over the speed limit can make it more difficult to control your car, especially in less-than-ideal conditions. 

Distracted or careless driving is another common cause of fatalities, especially in the cell phone era. Drivers who take their eyes off the road to text or are distracted by a phone conversation are less focused on their surroundings and more likely to hit something, or someone, by accident. 

Drowsy drivers are also a major cause for concern in the United States.

Many people underestimate the dangers of driving when sleep deprived. Someone who’s just finished a twelve-hour shift doesn’t have the mental faculties or reaction times to drive safely.

In fact, many experts consider drowsy driving to be just as dangerous as driving under the influence

Many fatal accidents occur because people fail to follow the basic rules of the road. If someone fails to read the road signs around them, they may end up hitting whoever has the right of way.

Failure to obey stop and yield signs are two common causes of fatal accidents on the road. 

It’s best to be aware of what commonly causes fatal accidents to avoid making the same mistakes yourself. When driving, always keep in mind that what you’re doing is potentially dangerous.

Make sure that you stay alert and follow the rules of the road at all times. 

Does the Person That Caused a Vehicle Crash Where Someone Dies Go to Jail?

It’s a sad fact that accidents happen all the time, and it can be difficult for grieving families to process, especially if they don’t already know what happens if someone dies in a car accident.

Often, they struggle to move through the legal proceedings that follow a loved one’s accidental death. Many look for someone to place at fault; however, not all drivers face criminal charges after a fatal accident. 

Drivers don’t often face criminal charges when a fatal accident occurs because of factors outside of their control, such as poor road conditions or unexpected mechanical failures. Drivers also aren’t held responsible for what is known as an “Act of God,” which includes natural occurrences such as hail, floods, tornadoes, and more.

If an accident results from careless or reckless driving, it may warrant a vehicular manslaughter charge.

Ultimately, your local district attorney decides whether a driver is criminally liable for a fatal accident. They consider a variety of factors, particularly regarding the driver’s conduct before the accident.

In most places, a driver who was under the influence of drugs, alcohol, or other substances at the time of the accident will be held criminally responsible for any fatalities. Even sober drivers can get criminal charges if they fail to follow the rules of the road.

Infractions such as speeding, failing to yield, and more can lead to a driver being held liable for a death. 

After an accident, police and insurance companies both conduct a thorough investigation of the accident. They need to get an idea of what happened and whether or not anyone is at fault. Police will interview occupants of each vehicle as well as any bystanders who may have witnessed the crash. 

The police will also investigate the scene for more details about the accident. They’ll look at the damage to each vehicle, skid marks or signs of collision along the road, and any signs of minor injuries to occupants. They may also order blood tests, check nearby security cameras, and even look into past driving records. 

The police report plays a major role in whether or not a driver is deemed innocent or guilty in a fatal accident. If a driver is found criminally liable, they may end up serving prison time. The sentence can last from months to years. The length depends on factors such as the nature of the charges, the severity, and the state laws where the accident occurred. 

Does the Insurance Company Pay for Wrongful Death From a Car Accident?

After an accidental road death, many families struggle to pay medical and repair bills, investigative fees, funeral costs, and more.

In some cases, they may be able to get financial assistance by filing a wrongful death lawsuit against the guilty party. The claim must be filed by the deceased’s personal representative, such as a spouse, children, parents, blood relatives, or close family friends. 

A wrongful death lawsuit may recognize both economic and non-economic damages in the final settlement.

Most of the time, the liable party will be required to pay at least a portion of economic damages such as medical expenses, burial costs, and lost wages.

In some cases, non-economic damages such as mental suffering and decreased quality of life are also considered. If the driver was behaving recklessly, they might also face punitive damages.

Even if no one gets arrested, a family may be able to seek monetary compensation.

However, whether or not they have a case depends on who is liable. The deceased’s family or dependents need to know who to file a lawsuit against if they want to see any results. 

Police reports can help determine liability, but plenty of other evidence may also come into play in court. Families should hire a wrongful death lawyer  to go over all of the necessary details to build an airtight case. A good lawyer can identify parties guilty for fatalities as well as injuries and other damages. 

Liability isn’t necessarily limited to the driver of a vehicle involved in an accident. If the driver doesn’t own the car involved, the true owner may be partially at fault. The car manufacturer may be held responsible if the accident is due to mechanical failure.

If a poorly maintained road causes an accident, the local government may be held liable. Businesses that send out drivers on company time can also be held responsible if an employee or company vehicle is involved in a wreck. 

In some cases, victims can file an insurance claim for death from a car accident. It’s important to remember that not all insurance plans are created equal, however. While one may pay all damages involved, others will only pay out a small fraction. 

Most insurance policies provide a death benefit that pays out a set amount to victims of a fatal accident.

Families may be able to apply for a death benefit in certain situations as long as the deceased is present on the insurance policy. 

You may also be able to file with the responsible party’s insurance for compensation. If your vehicle was damaged or a passenger was injured, their policy may cover up to a certain amount.

However, while insurance is mandatory, it’s important not to rely on another person’s plan to cover your expenses after an accident. You should ensure that your own insurance has a payout policy in the event of accidental death. 

Avoiding Fatal Wrecks

You don’t always need to worry about what happens when someone is killed in a car accident. While you can’t control what others do on the road, you can take precautions to reduce your own risk of getting into a wreck.

Defensive driving is one of the best ways to avoid a wreck with an impaired driver. You should always be focused, alert, and aware of your surroundings when driving.

It may be a good idea to brush up on the road rules in your state every few years to give yourself a refresher course on safe driving. If you plan on visiting any other states or countries, always make sure to familiarize yourself with their road laws to avoid accidents abroad. 

If you do ever get into an accident, you can take steps to protect everyone in your car from serious injury. The driver, passenger, and anyone else riding in the vehicle should all be wearing seat belts for the entire ride. Children younger than 13 should ride in an age-appropriate car seat for their own safety.

It’s also a good idea for everyone to sit upright, with their legs down and arms inside the vehicle. Cars are crash tested to protect people sitting in this position; if your legs are up or arms are out, airbags, compacting metal, and glass shards may have a higher risk of injuring you.

As you drive, remember to keep a safe distance between your car and the vehicle in front of you. As a general rule of thumb, stay about three seconds travel distance behind them. This way, you won’t be at risk of slamming into their bumper in the event of a sudden stop. By giving yourself a safe stopping distance, you also reduce the risk of the driver behind you crashing into your vehicle.

Even if you follow the road rules and drive safely, a mechanical failure in your car can lead to a fatal accident. To avoid this happening, you must get your vehicle serviced regularly. You should change the oil around every 3,000 to 5,000 miles and get your car checked by a professional annually.  

Contact Stoy Law Group, PLLC.

Unfortunately, deaths from car accidents are far from uncommon. If your loved one has died in a car accident, it can be difficult to deal with the aftermath.

However, if you know what happens if someone dies in a car accident, it can help to know exactly what to expect moving forward. You’ll be prepared for all of the legal and financial hurdles to consider without being caught unawares.

A fatal accident can result in a criminal conviction for guilty parties, and those close to the deceased might be entitled to financial compensation.

The most important thing for anyone to remember is that the best way to deal with road accidents is by being proactive. If we all follow the road rules and take steps to protect car passengers, we can work to cut back on road fatalities each year.

If you have any questions, please feel free to contact our team of lawyers at Stoy Law Group, PLLC.

The post What Happens if Someone Dies in a Car Accident? appeared first on Stoy Law Group, PLLC..

Chris Stoy

Are you wondering, “Is it a lot of work to hire a personal injury attorney?” The truth is, no, it is not.

However, hiring a lawyer is a personal task.

You often have to divulge information to your lawyer that you may not want to share. That is why it is so vital to hire the right attorney. When you work with a lawyer you like and trust, you are more likely to have a positive outcome in your case. 

Here are some critical questions you should ask when searching for a “Personal injury lawyer near me.” There is also some information from real reviews to help you avoid pitfalls in your search. 

In this guide, you will find answers to essential questions like:

  • Are accident lawyers worth it?
  • Can I make a personal injury claim myself?
  • What should I look for in a lawyer?
  • How do I find the best attorney for my case? 
  • What questions should you ask a personal injury lawyer?

Keep reading to find out more about choosing a personal injury lawyer to represent your accident case. 

Questions People Have When Hiring a Personal Injury Attorney

If you are like most people, you have questions regarding how to choose an attorney, if a personal injury attorney is worth it, and if you can make a claim yourself.

So, here are some answers to those pressing questions. 

How Do I Choose a Personal Injury Lawyer?

Asking yourself, “how do I choose a personal injury lawyer?” is an essential part of hiring a qualified attorney. 

You can select an attorney from any online database.

However, you need to make sure the lawyer you choose is a member of the American Bar Association (ABA) and the Bar Association in your state. If they are not, they are not licensed to practice law.

It also helps to read personal injury attorney reviews. The top professionals will all have a positive record. Client reviews can also give you an idea of what it is like to work with your attorney. Not all clients and attorneys get along. An attorney-client relationship that works in one case may not work in another. 

Can I make a Personal Injury Claim Myself?

You can make a personal injury claim yourself.

However, it is not an easy road. Insurance companies tend to give individuals the runaround.

Furthermore, if your case ends up going to court, you will want to have legal representation. 

Although, most of the time, when an automobile accident victim has a good lawyer, the insurance company settles the case. You can make a claim yourself, but you might save time and money in the long run by hiring a professional to handle it for you. 

Is it Worth It to Hire an Accident Attorney?

If you have been in an accident, a lawyer specializing in personal injury can help you reach a quick and beneficial case resolution. Receiving the compensation you deserve could make a massive difference in your quality of life in the future.

Accident attorneys know what the insurance companies will and won’t do. Without this expert knowledge, it is easy to sell yourself short or hold out too long and lose money. 

You Want to Settle Your Case Quickly

If you want to get your case settled quickly, you should think about hiring an attorney. While you may be able to file a claim against the insurance company yourself, the claims adjuster is likely to drag things out for as long as possible if dealing directly with you. 

Having an attorney can help you settle your case faster, so you can move on with your life. 

You Are Out Of Work

When you are out of work, it affects your entire family. Your spouse likely feels responsible for picking up the financial slack, and your kids have to go without the extras. That can cause a lot of tension in your home. Your family likely wants to be supportive of you, but financial stress can cause turmoil in your home. 

Your injury attorney can help you settle your case so you can get the medical treatment you need and money for your expenses while you are out of work. 

Your Family Has Suffered a Significant Financial Loss

If you have suffered a significant financial loss due to your accident, you need compensation. In these cases, you must have a reliable lawyer by your side. Your family and your future depend on it. 

Your Injuries Were Substantial 

When you sustain injuries in a significant accident, many times, they are life-changing. Whether you have to undergo several surgeries, rehabilitation, or you live with chronic pain, you will likely have some longterm effects from your accident. 

Anytime you suffer significant physical harm, it is essential to have legal representation. If you need longterm medical care, you will need the money to pay for that. When you are the victim of an accident, you need to hold the at-fault party responsible. Otherwise, you and your family could suffer lost wages, medical challenges, and more. 

What Should I Look for In a Lawyer?

Another crucial question is, “what should I look for in a lawyer?”

The truth is, it depends on your case, life, and personality. You want to work with an attorney that you get along with and someone who has a proven record of winning cases. 

How do I Find the Best Attorney for My Case?

If you want to know, “how do I find the best attorney for my case,” you need to determine what outcome you want from your case.

Then, sit down with a few attorneys and see how they would approach the insurance companies. 

During your consultations, you should get a pretty good idea of what it would be like to work with each attorney. Make notes during your appointments, so you have information to review later. 

Your attorney needs to have experience handling cases like yours. Just because an attorney is qualified does not mean they have the necessary experience to get you the best possible results. If your case involves an 18-wheeler, you should have an attorney with experience handling claims against commercial insurance policies. 

Likewise, if you were hurt on the job, you need an attorney who has experience with workman’s comp claims. Hiring legal counsel that only has experience handling accident cases won’t be your best choice for a job-related injury. 

What Questions Should You Ask a Personal Injury Lawyer?

There are some questions that you should ask your personal injury lawyer before you sign a representation agreement. You want to know that you and your attorney are on the same page. 

How Much Are Your Fees? 

Knowing how much you will need to pay your auto injury lawyer is essential. Some states regulate the amount an attorney can take out of your settlement.

So, be sure to check with the laws in your state. 

You should also be able to find an attorney that will take your case on contingency. That means that you do not have to pay anything unless the attorney wins your case. If there are any case-related costs, most attorneys will ask you to pay that upfront. 

Most lawyers charge 33.3 percent for contingency cases.

Although, in most areas, the law firm decides the fee. So, it is vital to ask how much the costs will be before the attorney begins working on your case. You should also get that information in writing in the form of a representation agreement. 

If I Lose What Case-Related Costs Will I Need to Pay? 

Attorneys can’t win every case. So, there is always a possibility that your case will not result in a settlement for you. If you do not receive a case resolution, you need to know what you will be responsible for paying. 

Typically, an attorney may ask you to pay for certain things during the discovery process, when the lawyers gather evidence regarding the case. The documents an attorney might ask you to retrieve include: death certificates, financial statements, medical records, insurance documents, and other documents. 

The fees for obtaining documents needed by your attorney should be nominal. If your case goes to trial, there may be some additional trial-related fees for: 

  • Expert witnesses
  • Scientific analysis
  • Medical tests
  • Paralegal research

How Much Do You Think My Case Is Worth? 

You need to know if pursuing your case is even worth it. So, you should have an idea of how much your case is worth.

While no attorney can tell you what the outcome of your lawsuit will be, an experienced lawyer will have an idea of how much the insurance company will be willing to pay to settle your claim. 

We have a personal injury calculator that you can get an estimate on what your case may be worth.

Have You Tried Any Cases Similar to Mine?

When your health and well-being are in question, you need your attorney to know exactly what they are doing.

Now is not the time to take a chance on a lawyer without experience in cases similar to yours.  

How Much Time Will You Spend On My Case? 

While asking just one attorney how much time they will spend on your case will not provide you with much information, when you are shopping attorneys, it can help determine how much time your legal representative is willing to spend on your case. 

Will You or Someone Else In Your Office Handle My Case? 

Most attorneys have a paralegal that handles most of their pre-litigation cases. Some of the things a paralegal might do include: 

  • Case research 
  • Sending demand letters
  • Organizing depositions
  • Contacting witnesses
  • Collecting witness statements

At other law firms, the attorney themself might do a lot of these functions.

Either way, you need to know who you need to contact and who will be contacting you for information during your case. 

How Long Do You Think My Case Will Take to Resolve? 

Having an idea of how long it will take to resolve your case is essential. You need to get back to a healthy life as quickly as possible. Be sure you ask each attorney you meet with how long they think it will take to settle your case. 

What Do I Need to Do to Have a Positive Settlement Outcome? 

The outcome of your case will depend largely on your actions while you are waiting for your settlement. Some attorneys will ask you to go to physical therapy several times per week. Others will ask you to provide them with evidence to help prove your case. 

You should expect to do some work on your case.

However, you have to know what your attorney expects from you and what you can expect from them. 

Do You Think My Case Will Go to Trial? If It Does, Can You Handle the Trial? 

It is vital to ask your attorney if they think they can settle your case outside of court and if they can handle the litigation.

Otherwise, in the event your case does go to trial, you will need to hire another attorney to handle your lawsuit at that time. 

This is very important. You want to find an attorney like Chris Stoy that tries more case than any other lawyer in Fort Worth, Texas. Insurance companies know that Stoy Law Group will take a case all the way to trial and will not settle for less than a case is worth.

Can You Give Me A Reference? 

When you are looking to hire a lawyer to represent you in a personal injury case, you have to do more than just search for, “personal injury lawyer near me.” You need proof that the person you hire is qualified.

So, ask them for a reference. Any top attorney should have plenty of clients who are willing to give them a recommendation. 

Personal Injury Lawyer Reviews

In addition to asking the right questions, personal injury lawyer reviews can be an excellent resource. Client reviews give first-hand insight into what it will be like to work with a specific law firm.

However, it is essential to remain objective. More people write reviews when they are upset, so satisfied clients might be underrepresented. 

Some of the best sites to find a car accident attorney are: 

You can also check with friends and family. Many people work with personal injury attorneys. So, there is a good chance you know someone who has a great auto accident lawyer. 

Final Thoughts on Hiring an Auto Accident Attorney

Hiring an experienced attorney may be the best thing you can do to protect yourself when you are in an auto collision. You must handle your claim in a timely manner, and a personal injury attorney has the skills and knowledge to reach a quick resolution in your case. Contact us today so you can be represented by the best auto accident attorneys and find a swift and just resolution to your case. 

The post Hiring the Best Personal Injury Lawyer: Questions & Reviews appeared first on Stoy Law Group, PLLC..

Chris Stoy

Failure to yield the right of way in many states is a confusing subject. While there are specific laws pertaining to this in Texas, it’s still a gray area that relies more on instinct than regulation.

Accidents resulting in intersections are deadly when drivers are entering oncoming traffic, misunderstanding the right of way laws can spell catastrophe.

Failure to Yield Right of Way Laws

There are many laws to understand about the right of way, and as soon as a motorist starts driving, they must follow them.

The Texas transportation code 545.153 covers all the details of yielding to other motorists and pedestrians.

  • Section 544.003 states that a stop sign or yield sign indicates preferential right-of-way at an intersection.
  • Section 544.010 says that unless otherwise directed by a police officer or traffic controlled device, drivers will yield the right-of-way to a vehicle that has entered an intersection from another roadway or closely approach, making it a hazard or obstruction to the operator’s movement in or across the intersection.
  • When approaching a yield sign, the driver must slow down and observe oncoming traffic before entering the new roadway.

What Is Failure to Yield the Right of Way?

In the Lonestar state, there are rules and regulations regarding the right of way at intersections. When someone chooses not to obey these laws, it can result in an accident leading to injury and even death.

All drivers must understand failure to yield, right of way, and the laws associated with the two in Texas.

Here are some of the most common violations in the state:

  • If you’re the driver of a motor vehicle on an unpaved road, it’s always your responsibility to yield to drivers on paved roads.
  • When approaching an intersection not controlled by a stop sign or light, you’re required to yield to all vehicles moving through the intersection and on your right.
  • Drivers making a left must yield to all pedestrians and traffic.
  • When making a right, the driver must yield to traffic entering the same lane or pedestrian crossing.
  • Anyone exiting a parking lot, driveway, or private road should yield to drivers already on the roadway.
  • Trains always have the right of way on railways.

Failing to Yield to Pedestrians

A 2017 report from the Texas DOT showed that 615 pedestrians were killed due to a motor vehicle accident. A majority of these occurred at intersections due to confusion over who has the right of way.

It’s the driver’s responsibility to look out for pedestrians no matter where they’re crossing. It doesn’t matter if the person walking is jaywalking, crossing behind a car, or walking the road in the middle of the dark. The pedestrian will always have the right of way, and the driver must yield to someone crossing the road.

Here are some examples that might surprise you:

  • If a crosswalk sign tells the pedestrian to stop and you have a green light, the walker still has the right of way, and you must yield.
  • When approaching a red light to make a right turn, the pedestrian crossing has the right of way.
  • Even if you’re driving through a two-lane road without a stop sign or light, the pedestrian still has the right of way if they attempt to cross.

Failure to Yield to an Emergency Vehicle in Texas

Many people wonder if it’s a legal requirement to yield or pull over when approached by an emergency vehicle.

According to Sections 547.305 and 547.702, when you are approached from behind by an emergency vehicle using audible and visual signals, you must yield the right of way, immediately move off the road to the right side edge or curb to clear the roadway, and remain there until the vehicle has passed.

These laws also include yielding to police vehicles lawfully using their signals to attempt to pass.

Of course, the law does not exempt operators from following laws regarding the safety of all motorists and pedestrians on the roadway.

What Causes Failure to Yield Tickets in Texas?

Much of the time, a failure to yield accident is the result of negligent driving. One driver might not have been paying attention to the road or oncoming traffic at an intersection, leading to a potentially deadly accident.

Another cause of accidents at intersections is a lack of understanding of the laws.

The previous section should help clear that up.

Many people don’t know who actually has the right of way on the road, which leads to confusion and ultimately, accidents.

If you’ve ever faced a situation where two drivers are continuously waving one on, you’ll understand what we’re talking about here.

Because of this, many cases must be analyzed by an attorney using the Texas transportation code.

Is Failure to Yield a Crime in Texas?

Failing to yield in the Lonestar state is a crime and one that can carry harsh penalties if you’re found guilty.

It depends a lot on the extent of the crime and the end result of the accident. Many issues can come as a result of failing to yield, causing a car wreck.

What Is the Punishment for Failing to Yield?

If you’re determined liable for an accident resulting from failing to yield, it is a criminal offense. You’ll find yourself with fines totaling as high as $2,000 if the other driver experienced injuries as a result. If the driver received a severe injury, the fines could climb as high as $4,000.

Failing to yield doesn’t always have to result in an accident for there to be a punishment.

In some cases, a police officer may witness a driver failing to yield correctly and issue them a failure to yield ticket.

These tickets should not cost more than your standard traffic citation, and based on the extent of the situation can cost between $50-$250 dollars.

Do You Get Points for Failure to Yield Tickets?

While it does depend on the individual scenario, you will most likely receive points on your license.

The amount of points depends on the judgment and the extent of negligence. There’s always the factor of distraction or impairment that can cause you to receive more points.

Does a Failure to Yield Ticket Affect My Insurance?

As with any motor vehicle accident, the chances that your insurance rates will increase after are always apparent.

In addition to receiving a ticket, fines, court hearings, you can also receive that unwanted letter from your insurance company with new rates due to your “high risk” status.

Can a Failure to Yield Ticket Get Dismissed?

The short answer is yes, but it’s much more complicated than that.

In most cases, it’s more economical and logical to face the music and accept the failure to yield ticket but appeal it in court to try and receive fewer points.

In many cases, a failure to yield ticket results in three points, but if you show up to the court hearing, you can get it lowered to one point.

These rules only apply to situations that did not result in bodily injury. If you merely “pulled out in front of someone,” and they had to slow down a little, you can likely get the ticket reduced to one point.

You can fight it by hiring a personal injury lawyer if you feel that you were not responsible for the accident.

Failure to Yield Resulting in an Accident: Understand Your Rights

Many people have questions regarding car accidents and their rights regardless of what side of the argument you’re on.

If you’re the victim of a right of way accident, it’s important that you understand the steps you need to take to maintain a solid claim and prevent anyone from taking advantage of you:

  • Call the police immediately and have them file a report.
  • Tell the officer that you would like immediate medical attention for wounds and trauma.
  • Gather all the contact information from the driver and any witnesses.
  • Take pictures of the accident as soon as possible. This includes skid marks, injuries, vehicle damage, time of day, and weather.
  • Contact a car accident lawyer as soon as you can to protect your rights.

If you feel that you might be responsible for a failure to yield right of way accident, don’t panic. Remain calm, check on any injured parties, and follow many of the same steps above.

If the accident occurred and someone is blaming you for it, you have rights as well.

You need to follow the same steps to protect yourself and remove responsibility from your back in the situation. If you believe the other person is responsible, do not argue or escalate the scenario.

Let law enforcement do their job and mediate the incident, and the justice system will take over from there.

No matter what, you also need to call a lawyer specializing in accidents, wrecks, and personal injury.

Do You Need Legal Assistance?

If you feel that you’ve either been injured or accused due to a failure to yield accident, you have a right to experienced representation.

The personal injury lawyers at Hutchinson and Stoy are here to ensure you get the justice or protection you deserve.

The post Failure to Yield Accidents & Ticket Cost in Texas appeared first on Stoy Law Group, PLLC..

Chris Stoy

Understanding the laws of your state is vital to making informed decisions and keeping you and your family safe. Road laws vary from state to state, and brake checking laws can be hard to navigate.

Whether brake checking is done out of spite or because someone is trying to get their point across, it is a dangerous maneuver, putting drivers, passengers, and their cars in jeopardy.

What is Brake Checking?

Brake checking is a form of road rage where a driver in front of another quickly slams on their brakes, making the car that was following them brake quickly to avoid an accident.

Sometimes the brake check is a quick tap, but sometimes the front car comes to a full stop. Regardless of how intensely the brakes were applied, the intent is to cause an accident or severe distress to the car and driver who were following.

Often, brake checking leads to more heated situations when both cars pull over. As both drivers are now angry, an altercation or violent act is not uncommon between the drivers following the accident. If you have been the victim of a brake checking accident, it is vital to take the measures to keep you safe and bring justice to the situation.

Why do People Brake Check?

Brake checking is usually done in order to teach someone a lesson or for someone who was angry let off steam.

Often, the driver desires to cause a small collision.

There is a false assumption that in any rear-end collision, the rear driver is always at fault. This perception may give a driver the desire to brake check, thinking that it cannot be their fault if a collision does happen.

However, the driver that was rear-ended can be at fault.

Brake checking occurs after someone merges too close to a vehicle, and the driver wants to show the other driver that cut them off what it felt like.

Another example would be if someone were following too close or tailgating. This is a common frustration for drivers, as most do not want someone within bumping distance of their hard-earned vehicle.

Other times, a car that has been driving slow or under the speed limit is passed and brake-checked. In this instance, the driver wants the following car to understand the annoyance or pain of going slow. They may also be punishing the slow driver if they were going to be late to a meeting.

Whatever the reason, most people brake check to tell another driver they were upset by them. They want the other driver to feel pain and frustration, just like they did. Whether it was following too close, a tight merge, or tailgating, there is never a good reason to brake check another driver.

Is Brake Checking Illegal?

The State of Texas Transportation Code states that a car following another must maintain a safe stopping distance between the two vehicles.

However, the state also prohibits reckless driving, which is defined as “willful or wanton disregard for the safety of persons or property.”

In the case of someone brake checking, they are trying to cause an accident or teach a lesson. Either way, they are choosing to do a dangerous activity without taking others’ safety into account.

Brake checking, when done on purpose to cause the driver in the back to brake quickly and possibly rear-end the front car, is reckless driving, and therefore illegal in Texas.

However, as intent is a defining feature of reckless driving when it comes to brake checking, it can be difficult to prove.

Alternatives to Brake Checking

If you have found yourself in a frustrating situation while driving, it is best to consider an alternative to this illegal maneuver. There are many different options you can do, depending on the situation.

If you are following someone who is driving very slowly, wait until there is a dotted center line to pass. Make sure you pass legally and maintain your speed when you pass the slow car. While it can be tempting to tap your brakes to tell them how slow they were going, it is best to move on at the legal speed limit.

If someone is tailgating you, a common response is to want them to back off a bit. Rather than brake checking, consider pulling over for a moment so they can pass. Perhaps you are simply going for a drive, but they are late for a meeting. Simply let the fast car proceed ahead and wait until you are not frustrated to drive again.

Merging, especially in some of Texas’ larger cities, can get a bit messy.

People often claim more space than they need, and this ends up frustrating many drivers, especially after a long day of work. If someone has merged close to you and upset you, simply put on your brakes and give them plenty of room. 

Brake checking is never the correct action to take.

Instead, there is a myriad of alternatives that keep a safe distance between you and other cars and allow you to cool off.

If you are following a car that taps their brake lights a few times, this may be an indication they think you are following too close. Give them a little extra space to keep the situation from escalating.

So You’ve Been in a Brake Check Accident – What Now?

Even if you’ve done everything you can think to do to avoid a brake checking wreck, they still happen.

Here are a few steps to follow if you have rear-ended a vehicle that you believe brake checked you:

  1. Take a deep breath and stay calm. The driver in front of you may be quite upset.
  2. Make sure everyone is safe by pulling over to the side of the road and checking yourself and your passengers for cuts, scrapes, or other injuries.
  3. Call 911. This is essential if someone has been injured. But, the police can help everyone understand what happened and see if brake checking was involved. Their report is invaluable in proving what actually happened.
  4. Write down as much information as you can. Take a picture or write down the driver’s name, car make and model, and license plate number. If there are any witnesses, get their name and number if possible. Take a photo of any injuries to you or your passengers, as well as anything broken or damaged on both cars.
  5. Contact your insurance company. Insurance companies will walk you through repairing your car and getting you safely to where you need to be.
  6. Hire a car accident lawyer to navigate this situation with you.

Brake checking should never be taken lightly. Even if there were no injuries, someone who has one instance of road rage is likely to do it again. It is essential to see if the brake check was intentional and if so, to pursue it.

Rear-Ending Someone Who Brake Checks

Any car accident is scary, but rear-ending someone who brake checks can be nerve-wracking.

If you have rear-ended someone, there may be obvious injuries like a broken bone or whiplash. But, there are also quite a few injuries that may not be seen at first glance, especially when emotions are high. These injuries, like a herniated disk, concussion, or soft tissue damage, could pose many health complications in the future.

Because some of these injuries may not appear at first glance, anyone involved in the accident should go to the hospital for an evaluation. If it comes up later that injuries did happen, the driver who brake checked should be held accountable.

Also, if you have rear-ended someone, there may be some visible damage to your car. This may look like a cracked bumper, broken headlight, or a dented license plate. But, there could be less obvious issues too. These would be misaligned wheels, a broken hood latch, bent frame, or a broken sensor. While it may be tempting to shrug off the accident if there is no visible damage, it is crucial to get all the information and inform the authorities in case issues arise.

Who is at Fault for a Brake Checking Car Accident?

If someone quickly put on their brakes to purposefully cause an accident or to cause harm, they are at fault.

This is considered reckless driving and is punishable under Texas law.

However, establishing the fault in a brake checking accident is difficult.

Witnesses are the key to understanding the difference between a brake check incident and someone following too close and rear-ending the other when they came to an abrupt stop. Witnesses can tell if there was a reason for someone to stop abruptly, like a deer or dog running into the road.

Witnesses can be pedestrians, passengers in either car or other cars nearby who may have seen what happened.

When there are no witnesses, a dash cam can also help shed light on the situation. A dashcam is actually the best form of evidence, as it can physically show precisely what happened, rather than being a personal account that varies from witness to witness. If you have considered getting a dashcam, it will be a worthwhile investment and could help establish intent in a future brake check accident.

If it is shown that there was a reason for someone to stop abruptly, then it is not considered brake checking. These reasons could include construction, malfunctioning lights, or even a stop sign that the driver in front did not see. Even if the driver in front was angry, if they had an appropriate reason to stop quickly, they might not be at fault. Instead, an accident like this would be the fault of the driver in the back.

Because of this, whenever possible, keep a safe distance between your car and the vehicle in front of you.

Is Brake Checking Assault?

Brake checking can be considered aggravated assault in the state of Texas.

If the person who brake checked does serious bodily injury to someone else, then it can be tried as a felony.

Furthermore, if the vehicle is considered a deadly weapon, the charge can be increased to a first-degree felony.

Anyone involved in a rear-end wreck where brake checking is suspected must hire a lawyer to walk them through the situation. The punishment, if found guilty of aggravated assault, is punishable with up to ten years in prison and up to a $10,000 dollar fine.

Brake checking can quickly get out of hand.

When someone slams on the brakes, they may be hoping for just a small fender bender to annoy the driver in the back.

However, whatever the outcome, the brake checker should be held accountable. If the second car swerves off the road to avoid a collision and hits a rock, flipping the vehicle, the car in front is still responsible for the accident.

Even if the car in front was assuming there would be no injuries, the situation could escalate quickly by having severe injuries or even death.

What to Do if You’ve been in a Brake Check Wreck

Here at Stoy Law Group, our personal injury lawyers fully stand behind you and want you to get the help you need and deserve.

As Warriors for Justice, we encourage you first to ensure that everyone involved in the wreck is safe. Seek medical attention immediately. We also encourage you to take as many photos and statements as you can at the scene.

Work with law enforcement to ensure a smooth and complete accident report and comply with all of their requests.

The more information you can gather and provide to the police on the scene will help ensure a smooth prosecution. We will work with you to ensure that justice is served in your vehicle accident.

There is no excuse for road rage or brake checking.

We stand with you to provide you with exceptional legal representation, getting you the proper care, coverage, and justice you deserve.

If you have any questions, contact the Stoy Law Group office today.

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