Moving Vehicle Accidents

If you are injured in a car or 18-wheeler accident, be it as a driver, cyclist or pedestrian, you may be entitled to compensation for lost wages, damages, medical costs and other damages. 

If you believe that the accident was caused by the other driver’s negligence, you may be entitled to compensation. There are many reasons for automobile and 18-wheeler accidents, such as a lack of safety equipment, poor road conditions or poor driving. 

What can we do for you?

Hiring an experienced car or trucking accident lawyer to represent you in taking legal action against the parties involved in the accident will: 

  • Help you assess and analyze the facts of the accident.
  • Help analyze potential liability issues.
  • Determine in detail the possible recovery for your injuries and other damages. 
  • Properly investigate, collect, interpret, and present the evidence needed to prove the fault of the other driver.
  • Help find potentially liable parties so that you can maximize the recovery of damages for your injuries. 

Accidents involving grievous bodily harm or death can result in complex litigation pitting you against highly skilled lawyers for the insurance company. A smart, aggressive, car accident lawyer can guide you through the process, help you calculate the amount of compensation you deserve and represent you against possible counterclaims. 

The law firm can guide you through the entire personal injury settlement process. Let the law firm help you maximize the financial compensation you deserve for your injuries. 

I WANT TO SPEAK TO A SPECIALIST NOW

All consultations are strictly confidential.

A no-nonsense technician; a grinder’s mentality. Mr. McCorquodale handles trials and appeals. Sandy has been bringing his unique combination of experience, skill, humor, and attitude to clients here in Texas for more than 35 years with a core belief that a straightforward, honest analysis and execution will always trump over tough talk and empty promises.

He represents clients throughout Texas in lawsuits involving personal injuries, wrongful death, traumatic brain injuries, financial disputes, insurance coverage, lawyers’ professional liability, accounting malpractice, contract claims, employment claims, hurricane claims, workers’ compensation claims, explosion claims, fraud and misrepresentation, fiduciary liability under ERISA, securities fraud, directors’ and officers’ liability, claims under the Texas Deceptive Trade Practices Act, franchisor- franchisee litigation and other matters. He represents clients in individual lawsuits, mass action lawsuits and class action lawsuits. He handles lawsuits in state and federal courts across the State of Texas and before the Division of Workers’ Compensation.

Relying on the insurance adjuster’s assessment of your auto accident claim is risky. The adjuster’s first loyalty is to the insurance company that employs him, not to you. And adjusters have been known to use a variety of ploys to encourage inexperienced claimants to accept unfair settlements.

Do You Have a Good Auto Accident Case?

Do You Have a Good Auto Accident Case?

Relying on the insurance adjuster’s assessment of your auto accident claim is risky. The adjuster’s first loyalty is to the insurance company that employs him, not to you. And adjusters have been known to use a variety of ploys to encourage inexperienced claimants to accept unfair settlements.

Evaluation Factors for Auto Accident Cases

The following general items are critically important when assessing who is responsible in auto accidents. Additional items specific to particular types of auto accidents are listed further below. 

  1. EXISTENCE OF WITNESSES. Were there any impartial observers of the accident? What did or do they say? 
  2. CREDIBLE PASSENGERS. Did either car have riders? Are their accounts persuasive? 
  3. DRIVER STATEMENTS. Did either driver say anything after the accident about fault? 
  4. VEHICLE POSITION AND DAMAGE. Were the post- accident locations and damage for each vehicle consistent with the driver accounts? 
  5. DRIVING CONDITIONS. Was the road slippery due to rain or snow? Was it dark, foggy, or stormy? 
  6. ALCOHOL OR DRUG USE. Was either driver intoxicated or impaired? 
  7. RECKLESS DRIVING. Was either driver speeding or otherwise driving unsafely before the accident? 
  8. DEFENSES. Is the insurer suggesting that a vehicle defect, road conditions, weather, unsafe driving, or the like are to blame?

A police report will often assign blame to the following vehicle for following too closely or inattentiveness, but sometimes insurers or their defense attorneys will claim no liability for sudden and unexpected stopping, failure to signal when stopping to turn, or brake defect.

Due to the driver at fault changing his story, the absence of witnesses, complicated rules regarding intersections, and the ability of insurers to find some element of negligence on your part, it can be more difficult to prove liability in intersection collisions and failure-to-yield cases.

Why was the vehicle stopped? Could a safer location have been readily chosen? What warning signal did the driver of the stopped car provide? How visible was the stopped car? Did any statutes or signs prohibit the stop?

Was the pedestrian in a crosswalk? If not, was there a valid reason, such as construction, for the jaywalking? Did the pedestrian’s clothing increase or reduce his or her visibility?

Was the rider following the rules of the road? Using lights? Wearing visible clothing? Jurors are not as sympathetic to bicycle riders because of the inherent danger of the activity.

Due to trucking personnel, experienced and difficult insurance adjusters, biased witnesses, and multiple defendants, truck accident cases can be more difficult to resolve despite the more serious injuries usually involved.

FAQ

ANSWER: Yes. The police can confirm the identities of everyone involved in the accident and gather the insurance information that is needed. 

If you’ve been hurt in an automobile accident because of the other driver’s negligence, it’s a good idea to let the police know about it. You can do this by contacting the police department directly, or by dialing 911 and mentioning to emergency personnel that you’ve been hurt in an accident. While 911 telephone dispatchers do not automatically notify law enforcement about reports of automobile accidents in every single situation, they will generally take such action where the 911 caller specifically mentions that a more person has been injured because of the accident. 

Why is it important to get the police involved? From a lawsuit perspective, the answer is quite clear. The responding officer will use the information he gathers at the accident scene to fill out an official document known as a police accident report (sometimes referred to as a “motor vehicle accident report”). The police report will contain valuable information such as the date, time, and exact location of the accident, the identities of the parties involved, detailed information regarding all vehicles involved in the collision (including license plate, year, make, model, color, sedan/SUV/ coupe, etc., and information as to whether parts of any vehicle were malfunctioning or defective prior to the accident), a summary of any and all injuries claimed to have been sustained, a description of any alleged property damage, weather and road conditions at the time of the incident, names and/or contact information for any witnesses (as well as any statements those witnesses may have provided at the scene), insurance information, and a subjective account from the officer himself detailing what appears to have transpired and why/how it happened (including who may have been at fault). The police report is a crucial tool relied upon by plaintiff’s lawyers to prove a defendant was legally responsible for an accident and the resulting injuries to their client. 

Even if it is not clear immediately following an accident whether you’ve suffered injuries that are serious enough to warrant a lawsuit, your best bet is to request that the police respond to the scene anyway so that the responding officer ends up generating a police report. If it turns out that your injuries are in fact actionable (that is, something to sue over), the report will go a long way towards corroborating your claims during the discovery phase of your case. And even if it turns out that you are not seriously hurt, the report may still come in handy (for instance if the insurance company tries to pin the blame on you). The mere existence of an official police report concerning your auto accident affords you peace of mind because it reduces the likelihood of you being blamed for a car wreck that was someone else’s fault.

ANSWER: Yes. Obtaining a medical evaluation promptly after an accident is important for establishing the injuries caused by the accident and finding out what treatment is needed. 

If you’ve been injured in an automobile accident, seek medical attention right away. Always err on the side of caution unless you’re sure you’re okay. This is a rule that has already been learned firsthand by anyone who’s ever suffered delayed injuries after a collision. A delayed onset of symptoms – a situation where you don’t “feel” your injury until several days or weeks following the accident – may lead you to believe that you’re not hurt when you actually are. 

Failure to seek medical attention immediately after the accident may end up having a negative impact on a future personal injury case. The initial delay may raise questions concerning the seriousness of your injuries. How badly could you have been hurt if you didn’t even need to go to the hospital or see a doctor right away? The delay may also raise questions as to whether the accident caused your injuries. For example, if a period of three months elapsed from the time of the accident until the time you first sought treatment, a jury might find that it was possible your injuries could have resulted from a different accident occurring somewhere during that three-month period. The delay might also give rise to a suggestion that you only pursued medical treatment after your lawyer persuaded you to do so. Finally, the delay may be viewed as a failure to mitigate damages on your part because you could have acted sooner to begin the healing and recovery process for your injuries. 

ANSWER: Uninsured motorist coverage protects a driver when the other driver causes the accident but has no insurance. Under-insured motorist coverage protects a driver when the negligent driver has insurance, but it is not enough to pay for all the damages caused by the collision. In Texas, it is very important to carry uninsured/underinsured motorist coverage. Drivers do not always follow the law by carrying insurance. Additionally, the minimum limits are often not enough to cover a serious accident.  

I WANT TO SPEAK TO A SPECIALIST NOW

All consultations are strictly confidential.

A no-nonsense technician; a grinder’s mentality. Mr. McCorquodale handles trials and appeals. Sandy has been bringing his unique combination of experience, skill, humor, and attitude to clients here in Texas for more than 35 years with a core belief that a straightforward, honest analysis and execution will always trump over tough talk and empty promises.

He represents clients throughout Texas in lawsuits involving personal injuries, wrongful death, traumatic brain injuries, financial disputes, insurance coverage, lawyers’ professional liability, accounting malpractice, contract claims, employment claims, hurricane claims, workers’ compensation claims, explosion claims, fraud and misrepresentation, fiduciary liability under ERISA, securities fraud, directors’ and officers’ liability, claims under the Texas Deceptive Trade Practices Act, franchisor- franchisee litigation and other matters. He represents clients in individual lawsuits, mass action lawsuits and class action lawsuits. He handles lawsuits in state and federal courts across the State of Texas and before the Division of Workers’ Compensation.