Texas Car Accidents: What To Do When the Insurance Company Blames an Unidentified Third Party

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Believe it or not, this is a common reason why Texas car accident claims get denied. An insurance company will attempt to alleviate themselves from any liability by blaming the accident on a third party. Sometimes this third party cannot even be identified at all. Having a car accident injury claim denied for this reason is particularly frustrating. If this has happened to you, please contact an San Antonio automobile accident attorney for immediate legal help.

 

The Third Party Defense

 

There are two basic scenarios where an insurance company might invoke a third party defense:

 

 

  • Identified third party: In this type of case, all parties will usually be present at the table. For example, you may be in a situation where you were injured and two other parties are fighting over the blame. It might be agreed upon that you were not to blame, but these two parties are pointing the finger at each other. At least one of them is liable for your injuries, they might even share liability, but your attorney will make sure that your legal rights are protected.  

 

 

 

  • Unidentified third party: This scenario is more complicated. Every so often, an insurance company will try to blame an unidentified third party for a car accident. How can they do that? Consider this example, on a three lane highway a blue car makes an abrupt lane change and crashes directly into your vehicle. Clearly, you were the victim of the accident. There is nothing you could have done. Then, when you speak to the opposing insurance company, they claim that it was actually the fault of a red car in the far lane. The blue car only crashed into you because that driver was forced to take evasive action. You might be thinking, what red car? You never saw a red car. This is the type of situation that can become extremely complex.

 

 

Know the Law: The Role of Evidence

 

In the scenario described above, the existence of an unidentified red car is very convenient. You never saw the other vehicle. It could be a tactic that the insurance company is using to deny liability. The important thing to remember here is that a car accident claim is a civil case and not a criminal case. The standard in a car accident case is not ‘reasonable doubt.’  Instead, it is a legal concept known as the ‘preponderance of evidence’ standard. Essentially, preponderance of evidence means that the side with the more convincing evidence will prevail in the case. This is why it is so important to get your car accident case in the hands on an attorney as soon as possible. Your attorney can start assembling the evidence to recreate the accident. This will protect you from a convenient defense offered up by the insurance company.

 

Contact an Experienced San Antonio Car Accident Attorney

 

Unfortunately, recovering full and fair compensation from an insurance company can sometimes prove to be a challenge. At San Antonio Injury Lawyer, we will work aggressively to keep the insurance company honest. Our San Antonio auto accident legal team has extensive experience handling Texas car accident claims. If you have been injured in an accident, please contact our San Antonio office today to set up a free case evaluation.

DWI Accidents With Uninsured Drivers In Texas

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National Highway Traffic Safety Administration data shows that drunk driving continues to be a major problem. Almost 10,000 americans are killed in DWI accidents every year. Tens of thousands more suffer serious injuries. These horrible accidents are preventable. Making things worse, sometimes the intoxicated driver will not have valid insurance. This makes the whole case even much more frustrating and complicated. If you find yourself in this unfortunate situation, please contact an experienced San Antonio DWI accident lawyer for immediate legal assistance.

 

Uninsured Drunk Driving Accidents: Four Possible Paths to Recover Compensation

 

While it is certainly true that DWI accident cases involving an uninsured driver are more complicated, victims are not out of luck. There are various different paths that might be able to be used to recover some form of compensation. An experienced DWI accident attorney should comprehensively investigate your case to make sure that you are pursuing every path towards full recovery..

 

 

  • Your own insurance company: In Texas, your insurance policy will often have some type of uninsured motorist coverage. This is the first place to look if you have been damaged in any type of uninsured motorist accident. Unfortunately, if serious injuries were sustained, this policy will likely not cover the full extent of your damages. But, your car accident lawyer will make sure to get you the full amount of what you are entitled to from your own insurance company.

 

 

 

  • The drunk driver: When the drunk driver does not have insurance, you can bring an action against their assets. This claim might be worth pursuing, even if it appears that the drunk driver does not have nearly enough assets to cover your damages. First, they should be held legally responsible for the injuries they have caused you. Further, under Texas law, debts sustained from injuring someone in a DWI accident cannot be discharged via bankruptcy. This could allow you to make some recovery.

 

 

 

  • A bar or restaurant: In some cases, a bar or restaurant can be held liable for a DWI accident injury. Texas dram shop law allows businesses to be held liable if they over serve their patrons and then those patrons go on to cause serious injuries. Also, if the drunk driver in your accident was under the age of 21, it can be much easier to hold an alcohol provider liable. Texas businesses have a legal obligation to take reasonable precautions to avoid serving alcohol to those under the age of 21.

 

 

 

  • Product Liability: In a few cases, an automaker or car part manufacturer may bear some liability in your case. If your vehicle had a defect that contributed to your injuries, or the severeness of your injuries, then you may have a valid product liability claim.

 

 

Contact an Experienced San Antonio DWI Accident Lawyer

 

If you have been injured by a drunk driver, who did not have valid insurance, you need to speak to an attorney immediately. The experienced DWI accident team at the San Antonio Injury Lawyer will help. We work aggressively and will explore all options to make sure you recover the compensation that you deserve. Please contact our San Antonio office today to schedule a free initial legal consultation.  

Driver Runs Red Light Causing Accident

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According to reporting from News Four San Antonio, a driver running a red light caused a three car accident. The wreck occurred at around 11 p.m. on Martin Luther King Drive. Thankfully, only minor injuries were sustained in the accident. We all put a lot of faith in other drivers. When drivers fail to obey basic safety regulations, such as red lights, it can lead to serious injuries. If you have been injured by another driver’s negligence in Texas, you should contact an experienced car accident lawyer to learn more about your legal options.

 

Texas Red Light Accidents: Proving Negligence

 

Negligence is the basis of most Texas car accident claims. Essentially, you have to prove that another party was negligence in order to hold them liable for your injuries. Negligence has four basic elements:

 

 

  • Duty: First, you must prove that a duty of care existed. A duty of care is a legal obligation to look out for the safety of another party. In car accident cases, this step is relatively straightforward. It is well established that drivers have an obligation to look out for the safety of everyone else on the road.

 

 

 

  • Breach: Once you have proven that a duty of care existed, your case can move on to the ‘breach’ element of negligence. A breach is a violation of the established duty of care. Running a red light is a clear breach of the duty of care. Drivers are legally obligated to follow state and local traffic laws, violating those laws is unsafe operation. It puts others at serious risk. In a Texas red light accident, proving a breach may not be that difficult. It depends entirely on the evidence available in your situation. For example, if the other driver was issued a red light citation by a San Antonio Police Officer, then you have very compelling evidence of their breach. If no red light ticket was issued, your car accident lawyer can use other methods to prove that breach occurred, such as finding eyewitnesses or recreating the accident.

 

 

 

  • Causation: Even after you prove that the other driver ran a red light, thereby breaching their duty of care, you still need to prove causation in relation to your accident. For instance, if the other driver, ran a red light eight blocks before your accident, causation would not be so clear. In your red light accident case, causation might not be a major issue. But, it is still a necessary element of negligence.

 

 

 

  • Damages: The final step of negligence is proving your damages. If you were not actually damaged by the red light accident, then you will not be entitled to compensation. The ‘damages’ element is always critical. You deserve a full recovery, in order to get it you will need to prove the full extent to which you were damaged.

 

 

Contact an Experienced San Antonio Car Accident Lawyer

 

Drivers violating traffic regulations, such as ignoring red lights, cause a large percentage of Texas car accidents. A violation of traffic law can be used to prove negligence in your car accident case. At the law office of San Antonio Injury Lawyer, our experienced San Antonio auto accident legal team works hard to hold negligent drivers accountable for the harm they cause. If you have been injured in a Texas car accident, contact our San Antonio office today to set up a free case evaluation.

 

Texas Car Accident Injury Settlements and Taxes: What You Need To Know

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You always need to be aware of the tax implications of any car accident settlement agreement. Generally, car accident injury victims feel a lot of relief after a fair settlement is finally reached. The last thing you will want is an unexpected headache from the IRS. The tax consequences of any legal settlement should be fully considered before a settlement is finalized. An experienced San Antonio car accident lawyer will help you properly structure your car accident settlement to make sure that you are not subject to an unfair tax burden.

 

Non-taxable Compensation

 

The portion of your settlement that is designed to compensate you directly for your losses is generally not taxable. Specifically, that means that under IRS rules, the part of your settlement that covers property damage and medical expenses will usually not be subject to taxation. The purpose of this type of compensation is to put you back in the position that you would have been if not for the car accident. Legally, this concept is referred to as making the victim ‘whole’. However, as is common with tax issues, there can be some complicating factors. For example. If you have already taken a tax deduction for your car accident related medical expenses, then you may be taxed on that portion of your settlement. A Texas car accident lawyer should comprehensively review any settlement offer before you sign. Ideally, you should have a lawyer negotiate your settlement, first to make sure that you are getting the best deal possible, but also to structure the agreement in a way that protects you from excessive taxes.

 

Taxable Compensation

 

Some forms of car accident compensation are generally taxable. You will likely face taxes if your settlement includes compensation for:

 

 

  • Lost wages: Compensation for lost wages will make up for the money that you were unable to earn because of your car accident injury. This money will always subject to taxation. Much like compensation for medical expenses, lost wage compensation is designed to make you ‘whole.’ So, you will be required to pay the taxes on that money that you would have had to pay if you been able to work. Your actual tax burden for lost wages will depend on your individual financial situation.

 

 

 

  • Exemplary Damages: Compensation for exemplary damages is not designed to make the car accident victim ‘whole’. Exemplary damages are solely meant to punish the grossly negligent actions of the guilty party. In Texas, exemplary damages are common in DWI accidents that lead to serious injuries. While the money goes to the accident victim, it will be taxed.

 

 

Contact an Experienced San Antonio Car Accident Lawyer

 

When it comes to taxes, preparation is always the key. You should never ignore the tax consequences of your personal injury settlement. At the law office of San Antonio Injury Lawyer, we have extensive experience helping injured Texas car accident victims reach fair settlements. We always pay attention to every possible issue and can protect your settlement from excessive taxation. If you have been injured in a San Antonio car accident, please contact our San Antonio auto accident lawyers today to schedule a free legal consultation.

Drunk Driver Causes Head-on Collision

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According to reporting from News Four, a suspected drunk driver recently caused a head-on collision in the northwest section of San Antonio. Several victims were transported to local hospitals following the accident. Unfortunately, multiple people were reported to have serious injuries. San Antonio Police stated that the driver will face a DWI charge and an intoxication assault charge. The effects of drunk driving can be devastating. If you, or your family member, have been injured in a San Antonio DWI accident, you should contact an experienced drunk driving accident attorney as soon as possible.

 

Texas Head-on Collisions: High Risk

 

Head-on car accidents often lead to extremely serious injuries, or worse, fatalities. The force of any car accident is enough to cause considerable damage to the human body. But, in a head-on collision, where two opposites forces are coming together, the danger is particularly heightened. The Federal Government recently studied the risk of head-on collisions and the results were alarming. Head-on impacts are relatively rare, less than one percent of all accidents were head-on, but, almost 11 percent of traffic fatalities were caused by a head-on collision. Even worse, many head-on collisions are completely preventable. This is because a substantial percentage of Texas head-on collisions involve intoxicated driving.

 

Drunk Driving and Head-on Collisions

 

The previously mentioned federal data also noted that almost two thirds of all head-on collision fatalities are caused by a drunk driver. Further when it comes to high speed head-on collisions, those being the ones that most frequently cause serious injuries or fatalities, alcohol is twice as likely to be a factor when compared to low speed head-on collisions. In Texas, drunk driving is gross negligence. Under Texas law, a drunk driver is displaying an extreme degree of recklessness. This behavior puts the safety of innocent people at substantial risk. Drunk drivers will often be subject to punitive damages when their driving causes an injury. Punitive damages are awarded to the victim, but they are not meant to compensate medical bills, pain and suffering or lost wages. While compensation for those damages are still available, punitive damages represent additional compensation that is solely meant to punish the grossly negligent drunk driver. After seeing the data on head-on collisions and drunk driving, it is easy to see why punitive damages are necessary. The punishment sends a message that drunk driving will not be tolerated in Texas. While the drunk driver will likely face criminal charges, it is important to remember that civil and criminal cases are separate actions. A DWI accident attorney will help you recover fair compensation.

 

Contact an Experienced San Antonio Drunk Driving Accident Attorney

 

Drunk driving accidents are especially painful for the victims. These accidents have devastating consequences and they could have been prevented. We must hold drunk drivers, and their insurers, liable for the immense damage they cause. At the law office of San Antonio Injury Lawyer, our experienced San Antonio DWI accident team will fight hard to get you the compensation that you deserve. If you have been injured in a Texas DWI accident, please do not hesitate to contact our San Antonio office today. Initial legal consultation are free of charge.