Texas Personal Injury Law Blog

According to an article on Southeastern Record, the family of a minor, who was involved in a catastrophic personal injury accident on November 4, 2009, claims that General Motors (GM) is at fault. The accident occurred in Tyler, Texas when the driver of a 1998 Chevrolet Blazer swerved to avoid hitting a large dog in the road, causing the vehicle to rollover. One of the passengers in the car, a female minor, sustained serious injuries and had to have her right arm amputated above the elbow.

Her family is now suing GM, arguing that the vehicle did not have adequate protection for rollover accidents and is “unreasonably, dangerously defective,” causing unnecessary rollovers during normal operating conditions. The lawsuit was filed April 13, 2010, and the plaintiff seeks damages for lost wages, pain and suffering, punitive damages, medical expenses, mental anguish, costs of suit and interest.

Rollover accidents in Texas, like this one, can lead to serious and catastrophic injuries, leaving victims suffering for years. Here are a few tips on how to prevent a rollover accident:

• Do not drive erratically.
• Be aware of your surroundings, including pedestrians, animals, other drivers and road defects such as potholes and gradation changes.
• Do not drive intoxicated, tired or on medication.
• Obey all traffic laws.

If a vehicle is deemed defective, then the car manufacturer, designer and retailers may be held liable for any accidents incurred. Manufacturers are required to ensure that their products are safe for consumers. If they are not safe, victims of product defects are entitled to seek compensation.

A March 4, 2010 myfoxdfw.com article reported that a male motorist was killed in a single-vehicle accident at the entrance of the Cedar Crest Park Golf Course. According to the article, investigators covering the accident believe that the man was operating his SUV above the speed limit when driving along Cedar Crest Blvd. At the time of the article’s release, the fatal collision appears to have stemmed from the motorist running a stop sign, traveling onto the curb, and then crashing through a fence and into a tree with tremendous force. As a result of the serious impact of the fatal crash, the engine of the SUV was entirely stripped from the vehicle.

Whether an auto accident in Dallas involves one vehicle or multiple cars, the consequences of high-speed crashes can be devastating for drivers, passengers, and pedestrians. Although it is unclear whether the motorist in the above incident was operating his SUV while under the influence of alcohol, drunk drivers cause far too many injury and fatal crashes on Texas roads each year. According to the Texas Department of Transportation, there were 3,109 fatal crashes in 2008, in which 877 were caused by a motorist driving while under the influence of alcohol. During the same year, 611 people lost their lives in accidents along city streets.

At Steele Law, P.C., our skilled Dallas car accident law firm has helped those injured in collisions caused by another driver’s negligence or distracted driving practices. We understand the many emotional, physical, and financial challenges that auto accidents often pose for injury victims and their families.

Based on an Associated Press article, the family of a 49-year-old Dallas police officer who was killed after being thrown from his motorcycle in a 2008 incident has filed a wrongful death lawsuit against multiple parties. Reportedly, the officer fell from his bike after hitting a curb and colliding with a guard rail. The suit has been filed against Hillary Rodham Clinton, whom the officer was escorting in a motorcade, the city of Dallas, and the maker of the helmet he was wearing while riding the motorcycle. According to the article discussing the Dallas motorcycle suit, the officer’s widow and children claim that the city of Dallas did not provide him with adequate training for escorting a motorcade, that Clinton and her campaign did not give proper notice for motorcade assistance, and that the helmet he was wearing was flawed. The motorcycle victim’s family is seeking damages that include the loss of monetary support, because the officer was the primary wage earner in the family.

The above case demonstrates the risk that some helmets may be defective due to inaccurate design or an overlooked flaw from the manufacturing process. In addition, even when a motorcyclist correctly wears a helmet that is approved by the Department of Transportation, he or she may endure serious brain injury or even death, depending on vehicle speed and the surrounding elements. Nevertheless, wearing a helmet (and protective clothing and gear) greatly decreases the chance of injury and death for motorcyclists.

Riding a motorcycle can be an enjoyable experience; however, many risks are involved, especially when considering the lack of protection one has against surrounding vehicles and the surfaces of a roadway in the event of a motorcycle collision in Dallas, Texas. The importance of knowing how to operate a motorcycle efficiently and safely cannot be emphasized enough. However, other motorists must remember that they have the responsibility of sharing the road with motorcyclists.

Only days after the U.S Department of Transportation announced on March 2, 2010 that 52 fatality reports have been connected to sudden acceleration accidents involving Toyota vehicles, a Wall Street Journal article highlighted a lawsuit being filed against Toyota. According to the article, the suit is on behalf of a family who was killed when the 2009 Lexus they were traveling in accelerated out of control at 120 mph along a freeway in San Diego, California.

Amidst a vast series of congressional hearings and national recall notices now totaling 8.5 million vehicles, this particular Toyota wrongful death suit may be one of the most challenging for Toyota to defend themselves against. The reason being that legal experts have said that the Lexus vehicle involved in the fatal crash was on loan from a dealership, and therefore should have been safe to drive. In a previous incident, the driver of the same vehicle had informed the dealer that the accelerator had become stuck while being driven. Furthermore, the article also points out that this particular model of Lexus vehicle had been equipped with thick floor mats intended for another type of vehicle design.

In reflecting on the serious scope of Toyota’s recalled vehicles, it is uncertain how many other accidents involving recalled Toyota and Lexus models may have been caused by unintended acceleration prior to the gas pedal defects being announced. Reportedly, the class-action status lawsuits that were filed for each wrongful death claim may potentially result in millions of dollars as compensation for damages.

The Texas personal injury and wrongful death firm of Steele Law, P.C. has assisted injured individuals and family members of wrongful death victims afflicted by auto accidents and defective products. We pride ourselves in treating our clients like family, and are dedicated to helping those afflicted by another person’s negligence receive the compensation they deserve.

In the rush to reduce fule costs and “go green” many small cars, such as the Smart car, have come onto the market.  I’ve said many times that the Smart car will not seem so smart to any driver who has the misfortune of being involved in an auto accident.  New crash tests conducted by the Insurance Institute for Highway Safety have confirmed my beliefs.  These minicars simply cannot protect their occupants in a car wreck as well as bigger, heavier cars.  Three crash tests between minicars and midsize cars from the same manufacturer show how the minicars are literally thrown about when involved in an auto accident. 

 Click here to access the news release and crash test results.

             When dealing with insurance companies, it is important to understand a few of their secrets so that you can get the settlement you deserve: 

• Insurers make money in part by denying you benefits. They may try to discourage you from seeking medical treatment (especially from chiropractors), or they may tell you that rental car coverage is limited to a set number of days. In most cases, this is not true, and, if you are not at fault, you are entitled to have all of your reasonable damages and expenses covered.

• Insurance companies track every claim you make. When dealing with an insurance company, assume that it knows the history of every claim you have ever made, even if a claim was with a different company. 

• The adjustor is not your friend. Despite his protests, he is not there to help you—he is there to reduce the insurance company’s payment as much as possible. You are also not required to give an adjustor a recorded statement or a medical authorization. If you feel you are not being treated fairly, it may be time to get an attorney involved.

I frequently have potential clients who contact me with questions about who is responsible for their medical bills following a car wreck.  These individuals are often under the impression that they should not use their Health Insurance to cover medical bills for treatment of the injuries that were caused by the automobile accident.  They also frequently believe that the at fault driver’s Automobile Insurance will pay for their medical bills directly.  Unfortunately, it is extremely rare (in fact, almost unheard of) for the at fault driver’s Auto Insurance Company to pay for the injured person’s medical bills directly or quickly reimburse the injury victim for these expenses.

Auto Insurance Companies are in business to make money and, as a result, their objective is to pay injury victims as little as possible for their injuries.  Unfortunately, most Insurance Companies will not reimburse an injured person for medical expenses until the injured person has fully completed all of his or her medical treatment and has agreed upon a settlement amount to cover ALL of the injured person’s losses due to the injury (such as lost wages, medical expenses, and any future lost wages).  This approach creates a tremendous problem for people who do not have Health Insurance.  Often the individual cannot afford the necessary health care.  The Insurance Companies see this as a great windfall for them, because if the injury victim cannot afford to get the necessary health care, then the Insurance Company does not have to repay the injury victim for those medical expenses!  It is a terrible scam that Insurance Companies use to take advantage of innocent victims, but unfortunately in Texas it is legal.

After an auto accident, treatment of your injuries should be your number one priority.  If you have Health Insurance, by all means use it!  If you do not have Health Insurance, there are other options that you can explore.  First, you should check to determine whether you have Personal Injury Protection (PIP) under your own Automobile Insurance.  This type of coverage is intended to be more accessable and can be used to cover the costs of your medical care.  Some health care providers will bill directly against your Personal Injury Protection policy, although it is advisable to speak with an attorney before giving your medical providers your PIP policy information.  PIP policies typically provide between $2,500 and $10,000 in coverage (with $2,500 being the most common), which frequently is not enough in the event of a serious injury.  If you do not have Health Insurance or Personal Injury Protection, it is advisable to contact an attorney to discuss other possible options.  Some health care providers will accept a Letter of Protection from your attorney, which essentially is a promise to the health care provider that you will pay the health care provider for your medical expenses when your injury case is resolved.

If you are injured in an accident and you use your Health Insurance to cover your medical expenses, you can expect your Health Insurance Company to later contact you by mail, asking if your medical treatments are the result of an injury.  This is the first step that Health Insurance Companies take toward asserting their right to subrogation. (Subrogation is an issue that is discussed further in other posts.)  If you receive a letter from your Health Insurance Company asking if you have been injured in a car accident or other type of accident, contact your attorney for advice before making any response.  Do not perceive this as a reason to avoid using your Health Insurance to cover the expense of your medical treatments . . . as I said before, your medical care is priority one after a car wreck or any other type of accident and using your Health Insurance is the best way to make certain that your medical treatment is not delayed.