In the past two sections, I discussed how your car accident claim is handled prior to any lawsuit being filed. In this final section, I will discuss how your case is handled when a lawsuit is filed. Once you and your lawyer decide that a lawsuit is necessary, your lawyer will explain to you that the lawsuit must be filed against the other driver personally and not against the insurance company. In Texas, a plaintiff is not permitted to file a “direct action” against the liability insurance company even though the entire claim has been handled completely and exclusively by the insurance company. The theory is that your claim is really against the person who caused the accident and not against that person’s insurance company. This is just the beginning of the bad news.
Once your case gets to trial, you are not allowed to mention any of your dealings with the insurance company. The law deems these matters irrelevant to how the accident occurred and whether you were injured. In fact, if you even mention that the other driver is covered by liability insurance, the court may declare a mistrial. The theory is that a jury is more likely to find against the defendant merely because the defendant is covered by insurance. The reality, however, is much different. As far as the jury is concerned, you have hauled a fellow motorist into court over a car accident. Because the jury never hears anything about the other driver having insurance, the jury may assume that the defendant was not covered by insurance. Likewise, the jury has sympathy for the defendant and that sympathy may be reflected in the verdict. The jurors never even hear that the defendant’s lawyer is hired, and paid for, by the insurance company. However, the jurors may be permitted to hear about any previous relationship between you, your lawyer, and your doctors. To add insult to injury, the insurance adjuster may even be sitting in the court gallery watching your trial knowing that the insurance company’s handling of your claim will never come to light.
What’s the answer? Very simple: Permit direct actions against liability insurance companies in Texas. A direct action would permit the injured plaintiff to sue the insurance company directly. Some states have already recognized direct actions such as Georgia, Iowa, Kansas, Louisiana, Nebraska, and Wisconsin.
This leads me to the myth about automobile liability insurance. In Texas, you are required to carry automobile liability insurance presumably to provide protection to those damaged or injured in a car accident. Likewise, it would seem logical that the insurance companies answer to the very people the law was designed to protect. However, the reality is that the insurance industry enjoys huge profits from selling insurance policies that Texas motorists are required to purchase, while also enjoying virtual anonymity and immunity from its handling of the claims. It’s time for the law in Texas to change.
If you have any questions please call us at 800-501-2091
Tuesday, June 15, 2010
Wednesday, June 9, 2010
Automobile Liability Ins
In Part I, we discussed the role an automobile liability insurance company plays during the investigative stage of your claim. Now, we will discuss the settlement stage of your claim. Remember, in Part I, we established that the insurance company only has a duty to protect their driver. If the adjuster believes that the other driver has some legal exposure to your claim, then the adjuster may determine that the best way to protect their driver is to settle your claim with you. This would include paying for the damages to your car, providing a rental car, and attempting to settle any claim for personal injuries you may have. However, don’t be mistaken. Just because the insurance company appears to be accepting liability, they never truly “accept” liability. The insurance company may privately decide that the best way to handle your claim is to settle it, but it will not legally accept liability for the claim.
Once the insurance adjuster receives all the pertinent information, the adjuster may evalaute your claim and attempt to negotiate a settlement. The adjuster may consider many factors, including comparative fault in the accident, the severity of the accident, the severity of the injuries, the extent and cost of the medical treatment, the ability to work, as well as any future medical care that may be needed. An adjuster may believe that the accident wasn’t serious enough to justify the amount of medical treatment you received. The adjuster therefore, may refuse to consider some of your medical expenses in the evaluation. The adjuster may also believe that the accident was partially your fault or that you are exaggerating your injuries. This is why you need an experienced lawyer on your side. Call The Burnett Law Firm that is Board Certified in these types of cases. 800.501.2091
The moral of the story is simple: Just because the other driver’s insurance company chooses to evaluate your case for settlement, does not mean that the company has any legal duty to treat you failry. As I stated earlier, the other driver’s insurance company has no legal duty to you. It’s only duty is to protect the liable driver from your claim. In this respect, the insurance company is free to settle your claim or it may choose to nothing at all. If you are unhappy with how your claim is being handled, your only option would be to file a lawsuit. That will be discussed in Part III.
Once the insurance adjuster receives all the pertinent information, the adjuster may evalaute your claim and attempt to negotiate a settlement. The adjuster may consider many factors, including comparative fault in the accident, the severity of the accident, the severity of the injuries, the extent and cost of the medical treatment, the ability to work, as well as any future medical care that may be needed. An adjuster may believe that the accident wasn’t serious enough to justify the amount of medical treatment you received. The adjuster therefore, may refuse to consider some of your medical expenses in the evaluation. The adjuster may also believe that the accident was partially your fault or that you are exaggerating your injuries. This is why you need an experienced lawyer on your side. Call The Burnett Law Firm that is Board Certified in these types of cases. 800.501.2091
The moral of the story is simple: Just because the other driver’s insurance company chooses to evaluate your case for settlement, does not mean that the company has any legal duty to treat you failry. As I stated earlier, the other driver’s insurance company has no legal duty to you. It’s only duty is to protect the liable driver from your claim. In this respect, the insurance company is free to settle your claim or it may choose to nothing at all. If you are unhappy with how your claim is being handled, your only option would be to file a lawsuit. That will be discussed in Part III.
Tuesday, June 8, 2010
Automobile Libility Insurance cont
In the next three parts, I intend to illuminate the myths about how automobile liability insurance (or any other type of liability insurance for that matter) really operates in connection with a car accident claim. The first part will discuss the initial investigative stages of the claims process. The second part will cover the role a liability insurance company plays in the settlement process. The third part will discuss liability insurance in the trial process. I will use a simple car accident as the factual background.
You are stopped at a red light. Then suddenly, and without warning, you are struck from behind by another vehicle. You have just been rear-ended by a driver who was not paying attention. You exchange the neccesary information with the other driver, including the driver’s personal information, vehicle description and insurance information. The next day you report the accident to the other driver’s insurance company. A series of events are now set in motion and you must understand where you stand in the process.
The Investigation Stage.
Once the claim is reported to the other driver’s insurance company, you can expect a call from an adjuster within a day or so. The adjuster will probably tell you that, in order to process the claim, they “must” obtain a “recorded statement” or “recorded interview.” Some adjusters may also request a written statement. What is this for? For two reasons. The first reason is to investigate the claim, which is fair enough. However, the second reason is for the insurance company to have a recording that can potentially be used against you in the future. You might be asking: ”Why would the insurance company want to do this?” “I thought the insurance company is supposed to help me.” This is the first of the many mistaken beliefs people have about the role of the other driver’s liability insurance. The other driver’s insurance company has no legal duty to you at all. It has no duty to treat you fairly in the investigation or evaluation of your claim. Rather, its sole duty is to protect and defend the other driver from your legal claim. The insurance company has complete discretion to choose to settle your claim, to totally ignore your claim, or it can choose to do something in between. The moral of the story is simple: Contact a Lawyer as soon as possible. Additionally, NEVER give a written or recorded statment without consulting a lawyer. The Burnett Law Firm will help you through the investigative stage of your case while preserving the intergrity of your claim in the event a settlement cannot be reached.
You are stopped at a red light. Then suddenly, and without warning, you are struck from behind by another vehicle. You have just been rear-ended by a driver who was not paying attention. You exchange the neccesary information with the other driver, including the driver’s personal information, vehicle description and insurance information. The next day you report the accident to the other driver’s insurance company. A series of events are now set in motion and you must understand where you stand in the process.
The Investigation Stage.
Once the claim is reported to the other driver’s insurance company, you can expect a call from an adjuster within a day or so. The adjuster will probably tell you that, in order to process the claim, they “must” obtain a “recorded statement” or “recorded interview.” Some adjusters may also request a written statement. What is this for? For two reasons. The first reason is to investigate the claim, which is fair enough. However, the second reason is for the insurance company to have a recording that can potentially be used against you in the future. You might be asking: ”Why would the insurance company want to do this?” “I thought the insurance company is supposed to help me.” This is the first of the many mistaken beliefs people have about the role of the other driver’s liability insurance. The other driver’s insurance company has no legal duty to you at all. It has no duty to treat you fairly in the investigation or evaluation of your claim. Rather, its sole duty is to protect and defend the other driver from your legal claim. The insurance company has complete discretion to choose to settle your claim, to totally ignore your claim, or it can choose to do something in between. The moral of the story is simple: Contact a Lawyer as soon as possible. Additionally, NEVER give a written or recorded statment without consulting a lawyer. The Burnett Law Firm will help you through the investigative stage of your case while preserving the intergrity of your claim in the event a settlement cannot be reached.
Monday, June 7, 2010
Car Accident Lawsuits
Litigation After Car Accidents
Not every car accident will result in litigation. Where nobody is injured or injuries are minor, it may be possible to resolve all claims for medical care and property damage directly with the drivers' car insurance companies. The greater the damage or injury that results from a car accident, the more likely it is that a lawsuit will follow.
Causes of Car Accidents
There are a wide variety of possible causes for automobile accidents, including:
Driver Error - The most common cause of car accidents is driver error. Common errors which contribute to accidents include failure to yield the right of way, following too closely, driving at excessive speeds, unsafe passing, and disregard of traffic control devices.
Distractions - When the driver's attention becomes diverted from the road, the chances of an accident increase. Distractions may occur from outside of the car, such as when something at the side of the road draws a driver's attention. Distractions also occur inside cars, such as where the driver attempts to read or put on makeup while driving, change CD's in the CD player, dials a cellular phone, or attempts to parent an upset or unruly child.
Intoxication - Motorists whose ability to drive is impaired as a result of the consumption of alcohol or drugs are more likely to cause car accidents.
Bad Weather - Sometimes, bad weather conditions will contribute to an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive a car. A driver should take the effects of the weather, such as strong cross-winds or slippery roads, into consideration when driving. Sometimes the weather will cause an unexpected hazard, such as black ice or flash flooding, which may not be detected by a driver until it is too late to avoid the hazard.
Road Design - A poorly designed roadway, intersection, or means of controlling traffic can at times cause or contribute to an accident. Poorly placed and poorly designed road signs or barriers can cause unnecessary injury when vehicles collide with them. At times, such defects will result in liability by the governmental agency responsible for the design and maintenance of the roadway, although governmental immunity may apply.
Road Conditions - The conditions of a roadway can be bad for a number of reasons, including weather, poor design or maintenance, or the presence of objects or debris on the roadway. Such factors can cause or contribute to accidents.
Vehicle Defects - At times an accident will result from a defect with a driver's vehicle, such as a tire blowout, brake failure, or other mechanical failure. Sometimes the injuries suffered in an accident will be made worse by a design or manufacturing defect with a vehicle, such as a design defect which makes an SUV more susceptible to rolling over in an accident or a gas tank more likely to ignite in a collision, or a manufacturing defect which causes a seatbelt to fail or an airbag to deploy improperly.
Most automobile accident litigation involves two vehicles, with a driver or passenger from the first vehicle claiming that the driver of the second vehicle caused the accident through negligent driving. Sometimes the litigation will involve the driver and passenger of a single vehicle, with the passenger claiming injury as a result of the driver's negligence. At times, litigation will be against a governmental agency which is alleged to have failed to properly design or maintain a roadway or intersection. Car accident litigation may also include a product liability claim against the manufacturer of a vehicle or part of a vehicle, alleging a design or manufacturing defect which contributed to the accident. A claim might also arise against a mechanic or service center whose work left a vehicle in a hazardous condition.
If you are hurt and would like to know if you have a case please call 800.501.2091 or visit http://www.BurtBurnett.com to fill out about 10 questions. We are here to help.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Not every car accident will result in litigation. Where nobody is injured or injuries are minor, it may be possible to resolve all claims for medical care and property damage directly with the drivers' car insurance companies. The greater the damage or injury that results from a car accident, the more likely it is that a lawsuit will follow.
Causes of Car Accidents
There are a wide variety of possible causes for automobile accidents, including:
Driver Error - The most common cause of car accidents is driver error. Common errors which contribute to accidents include failure to yield the right of way, following too closely, driving at excessive speeds, unsafe passing, and disregard of traffic control devices.
Distractions - When the driver's attention becomes diverted from the road, the chances of an accident increase. Distractions may occur from outside of the car, such as when something at the side of the road draws a driver's attention. Distractions also occur inside cars, such as where the driver attempts to read or put on makeup while driving, change CD's in the CD player, dials a cellular phone, or attempts to parent an upset or unruly child.
Intoxication - Motorists whose ability to drive is impaired as a result of the consumption of alcohol or drugs are more likely to cause car accidents.
Bad Weather - Sometimes, bad weather conditions will contribute to an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive a car. A driver should take the effects of the weather, such as strong cross-winds or slippery roads, into consideration when driving. Sometimes the weather will cause an unexpected hazard, such as black ice or flash flooding, which may not be detected by a driver until it is too late to avoid the hazard.
Road Design - A poorly designed roadway, intersection, or means of controlling traffic can at times cause or contribute to an accident. Poorly placed and poorly designed road signs or barriers can cause unnecessary injury when vehicles collide with them. At times, such defects will result in liability by the governmental agency responsible for the design and maintenance of the roadway, although governmental immunity may apply.
Road Conditions - The conditions of a roadway can be bad for a number of reasons, including weather, poor design or maintenance, or the presence of objects or debris on the roadway. Such factors can cause or contribute to accidents.
Vehicle Defects - At times an accident will result from a defect with a driver's vehicle, such as a tire blowout, brake failure, or other mechanical failure. Sometimes the injuries suffered in an accident will be made worse by a design or manufacturing defect with a vehicle, such as a design defect which makes an SUV more susceptible to rolling over in an accident or a gas tank more likely to ignite in a collision, or a manufacturing defect which causes a seatbelt to fail or an airbag to deploy improperly.
Most automobile accident litigation involves two vehicles, with a driver or passenger from the first vehicle claiming that the driver of the second vehicle caused the accident through negligent driving. Sometimes the litigation will involve the driver and passenger of a single vehicle, with the passenger claiming injury as a result of the driver's negligence. At times, litigation will be against a governmental agency which is alleged to have failed to properly design or maintain a roadway or intersection. Car accident litigation may also include a product liability claim against the manufacturer of a vehicle or part of a vehicle, alleging a design or manufacturing defect which contributed to the accident. A claim might also arise against a mechanic or service center whose work left a vehicle in a hazardous condition.
If you are hurt and would like to know if you have a case please call 800.501.2091 or visit http://www.BurtBurnett.com to fill out about 10 questions. We are here to help.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Friday, June 4, 2010
New Bus Safety Rules are Very much Needed!
Posted on April 26, 2010 by Medifast Coupons
NEW BUS SAFETY RULES NEEDED
The National Transportation Safety Board, the federal agency charged with investigating major transportation accidents, voted unanimously on April 21, 2009, to cite the National Highway Traffic Safety Administration ("NHTSA") for failing to implement recommendations that could lead to new safety equipment on buses, including seatbelts and stronger roofs and windows. They have been attempting to get the NHTSA to enact their suggestions since 1999.
A string of deadly bus crashes has led to more urget calls for action. It is absolutely ridiculous that the NHTSA has failed for ten years to enact rules that would save lives. Among the most recent fatal crashes:
January 6, 2008: A commercial bus with a driver and 52 passengers departed Telluride, CO, and ran off the highway near Mexican Hat, UT. The bus rolled once and 51 of the occupants were ejected. Nine passengers died and dozens were injured. The bus was being driven by a 71 year-old driver and was traveling approximately 90 m.p.h. The top was sheered off the bus, ejecting everyone except the driver who was wearing the only seatbelt on the bus, and a single passenger whose leg got stuck.
Thereafter, Mr. Burnett began focusing on personal injury trial law in west Texas. Eventually Mr. Burnett began handling cases throughout the State of Texas as other attorneys began referring their cases to him for preparation and trial. After successfully trying numerous personal injury and wrongful death cases, Mr. Burnett obtained his board certification by the Texas Board of Legal Specialization in Personal Injury Trial Law (2003). As testament to his success, Mr. Burnett is a member of the Multi Million Dollar Advocate Forum, a membership limited to attorneys who have recovered at least $2 million for a single client.
As the founding member of The Burnett Law Firm, Mr. Burnett has successfully represented thousands of individuals and families in their personal injury and wrongful death cases. The Burnett Firm currently represents over 500 individuals, yet Mr. Burnett dedicates himself, his firm and his resources to each client's case as if it were his own family member and would be happy to discuss your potential case with you at your convenience.
Visit our web site or contact us toll free at: 800-501-2091
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
NEW BUS SAFETY RULES NEEDED
The National Transportation Safety Board, the federal agency charged with investigating major transportation accidents, voted unanimously on April 21, 2009, to cite the National Highway Traffic Safety Administration ("NHTSA") for failing to implement recommendations that could lead to new safety equipment on buses, including seatbelts and stronger roofs and windows. They have been attempting to get the NHTSA to enact their suggestions since 1999.
A string of deadly bus crashes has led to more urget calls for action. It is absolutely ridiculous that the NHTSA has failed for ten years to enact rules that would save lives. Among the most recent fatal crashes:
January 6, 2008: A commercial bus with a driver and 52 passengers departed Telluride, CO, and ran off the highway near Mexican Hat, UT. The bus rolled once and 51 of the occupants were ejected. Nine passengers died and dozens were injured. The bus was being driven by a 71 year-old driver and was traveling approximately 90 m.p.h. The top was sheered off the bus, ejecting everyone except the driver who was wearing the only seatbelt on the bus, and a single passenger whose leg got stuck.
Thereafter, Mr. Burnett began focusing on personal injury trial law in west Texas. Eventually Mr. Burnett began handling cases throughout the State of Texas as other attorneys began referring their cases to him for preparation and trial. After successfully trying numerous personal injury and wrongful death cases, Mr. Burnett obtained his board certification by the Texas Board of Legal Specialization in Personal Injury Trial Law (2003). As testament to his success, Mr. Burnett is a member of the Multi Million Dollar Advocate Forum, a membership limited to attorneys who have recovered at least $2 million for a single client.
As the founding member of The Burnett Law Firm, Mr. Burnett has successfully represented thousands of individuals and families in their personal injury and wrongful death cases. The Burnett Firm currently represents over 500 individuals, yet Mr. Burnett dedicates himself, his firm and his resources to each client's case as if it were his own family member and would be happy to discuss your potential case with you at your convenience.
Visit our web site or contact us toll free at: 800-501-2091
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Subscribe to:
Posts (Atom)